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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film6s A des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est film6 d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 1 2 3 4 1 5 6 4 y. y ./■' y^^z. y NOVANGLUS, AND MASSACHUSETTENSIS ? OR POLITICAL. ESSAYS, I^BLISHED tN TriE YEARS 1774 AND 1775, «, ON THE PRINCIPAL POINTS OF CONTROVERSY, BETWEEN GREAT ( t BRITAIN AND HER COLONIES. ;'■.. ■ -► THRFORMEaBT JOHN ADAMS, LATE PRESIDENT OF THE UNITED STATES . TH£ LATTER BT JONATHAN SEWALL, ':>■, THEN king's ATTORNEY GENERAL OF THE PROVINCE OF MASSACHUSETTS BAi To WHICH ARE ADDED A >r3!BWR o? :L)CTTBRS, i:^TELT WRITTEN BY PRESIDENT ADAMS, TO THE HONOURABLE WILLIAM TUDOR ; SOME OF WHICH WKR£ REVSR BEEORE FtfBLISBEB. BOSTON : PRI.NTKD A»D PCBLISRRD Bt HEWS & COSS, 1819. I /n ..^^ > ' \ 1 ■ DISTRICT OF MASSACHUSETTS, to wit, District Clerk's Office. BE IT REMEMBERED, That on the thirtieth day of March, A. D* 1819, and of the Forty-fourth Yearofthe Independence of the United States of America, HEWS & 60SS, of the said District, have deposited in this Office, the title of a Bonk, the Right whereof they claim as Proprietors, in the words following, to wit :-~*' Novangloe and Massachusettensis ; or Political Essays, published in the years 1774 and 1775, on the principal points of con* troversy, between Great Britain and her colonies. The former by John Adaois, late President of the United States ; the latter by Jonathan Sewall, then king^s Attorney General of the Province of Massachusetts Bay. To which are added a number of letters, lately written by Prsident Adams, to the Hon. William Tudor ; some of which were never before published." In conformity to the Act of the Congress of the United States, entitled " An Act for the Encouragement of Leamibg, by securing the Copies of Maps, Charts and Books, to the Authors and Proprietors of such Copies, during thc^ times therein liientioned {^* and also to an Act, entitled '^ An Act, supple- nentary to an Act, entitled. An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts and Books, to the Authors and Proprie- tors of such Copies, during the times therein mentioned ; and extending the benefits thereof to the Arts of Designing, Engraving and Etching Historical, apd other Prints." JOHN W. DAVIS, Clerk of th« District of Massachusetts. -'•■i ■:*■■'; ,).\ *,? '^ TO THE PUBLIC. to FOR the last twenty years, our political opinions hare par> taken so much of feeling, in the contest between the two great European rivals, that the happiness, the interests, and even the character of America seem to have been almost forgotten. But the spirit of party has now most happily so far subsided, that a disposition to look into, and examine the history of our own dear country, and its concerns, very generally prevails. Perhaps there is no part of that history, that is more interesting, than the con- troversy between Great Britain and her colonies, which produced the war of the revolution, and their final separation. f; It is important, that the rising generation should be well ac- quainted with the principles and justice of that cause, which even- tuated in our Independence, and to which we are indebted for our present envied state of prosperity and happiness. The principles of that contrOTersy were ably discussed by various writers, both in England and America ; but it has been supposed, that the sentiments and conduct of each party were more elaborately displayed, in certain essays published in Boston, a short time previous to the commencement of hostilities, over the signatures of JVovangliis and Massachusettensis^ than in any other productions whatever. The former were written by John Adams, then a distinguished citizen of Boston, one of the noblest assertors of the rights and privileges of the colonies, and who has since been elected to the most important and honourable offices in the gift of the nation. The latter were written by Jonathan Skwall, then king's Attorney General of the province of Massachusetts; a gentleman of education and talents — the champion — and possessing the conti- dence of what were then called the government party. By an attentive perusal of these essays, a correct judgment may be formed of all thp principal and leading points ot the contro- versy, between the colonies and the mother country. Confiding in the correctness of these sentiments, and the patron- age of an enlightened public, we have re-published the above mentioned essays ; to which are added, all those interesting let- ters, written by President Adams, and addressed to the Hon. William Tudor, lately printed in the Boston Daily Advertiser, together with others never before published. The venerable and patriotic author of JVovanglus, now lives to behold and enjoy the blessed fruits of his labours, and that of his compatriots, and possesses, in the highest degree, the intellect of his most intellectual days. I ( In offering this volume to the public, we please ourselves with the hope, that it will be a valuable acquisition to all classes of cit- izens, who wish to become actjuainted with those principles ofcivil liberty, for which our ancestors so nobly, and so successfully con- tended. To the gentlemen of the bar, to legislators, and to politicians generally, we conceive it will be an inestimable treasure. We are forcibly impressed with the wonderful effect the essays of Novanglus must have produced, in the times in which they were published, by convincing the great body of the people, that the parliament of Great Britain had no right to tax the colonies in America. But in reflecting on the consequences of that glorious revolution which these essays greatly tended to produce, the mind is imperatively drawn to a contemplation of the present political condition of Europe. Representative governments are gradually introducing themselves into every part of that country ; and we hope the day is not far distant, when the whole world shall be emancipated from tyranny. As Americans we feel a conscious pride, that the resistance which our ancestors made to the arbitrary machinations of an Hutchinson, a Bute, a Mansfield and a North, will terminate in the civil and political freedom of all aiankind. HEWS & GOSS. Boston, July I, 1819. ERRATA. J>AOE. LINE. 24 26 frou the top, Tor procrtatioru^ read procuratioru. 32 14 from t\i9 lop, for lemure&d Urrortt 18 from the bottom, read more after rnwh. 44 9 fruin tlie (op, for thtir read these. 55 20 from the top, for shewtng read knowing. 69 1 from the bottom, for articles read artijues. lOO 12 from the top, for knew read know, and for know read knew. 100 2 from the bottom, for amily read anxiety. 120 1 from the bottom, dele-suo. 120 6 from the bottom, for compact read conquitt, -?40 8 from the bottom, for expected read rtspectei. ■!-W.:V 'I; PREFACE. JONATHAN SEW ALL was descended from Mitchills and and Hulls and Sewalls, and I believe Higginsons, i. e. from sever- al of the ancient and venerable of New England families. But, as I am no genealogist, 1 must refer to my aged classmate and highly esteemed friend Judge Sewall of York, whose researches will, one day J explain the whole. Mr. Sewall's father was unfortunate ; died young, leaving his son destitute ; but as the child had discovered a pregnant genius, he was educated by the charitable contribution of his friends, of whom Dr. Samuel Cooper was one of the most active and suc- cessful, among his opulent parishoncrs. Mr. Sewall graduated at college in 1748 ; kept a Latin school in Salem, till 1750, when Chambers Russell, of Lincoln, a Judge of the Supreme Court and a Judge of Admiralty, from a principle of disinterested benevo- lence, received him into his family ; instructed him in law ; fur- nished him with books and introduced him to the practise at the bar. In 1757 and 1758, he attended the Supreme Court in Wor- cester, and spent his evenings with me in the office of Colonel James Putnam, a gentleman of great acuteness of mind, and very extensive and successful in practise, and an able lawyer ; in whose family I boarded and under whose auspices I studied law. Here commenced between Mr. Sewall and me, a personal friendship, which continued, with none but political interruptions, till his death. He commenced practice in Charleatown, in the County of Middlesex, I, in that parish of the ancient town of Braintree, now called Q,uincy, then in the County of Suffolk, now of Nor- folk. We attended the Courts in Boston, Cambridge, Charlestown, and Concord ; lived together, frequently slept in the same cham- ber, and not seldom, in the same bed. Mr. Sewall was then a patriot ; his sentiments were purely American. To James Otis, w')- took a kind notice of us both, we constantly applied for ad- vice in any difficulty, and he would attend to us, advise us, and look into books for us, and point out authorities to us, as kindly as if we had been his pupils or his sons. After the surrender of Montreal in 1759, rumours were every where 8j(read that the English would now new model the Colo- ■vr IV PREFACE. nies, deniolibh the charters and reduce all to royal govemmente. These rumours 1 hnd heard as often as he had. One morning I met him, accidentally, on the door of the old Town House. " John" said lie, " I want to speak with you ;" he always called me John, and 1 him Jonathan, and often said to him, I wish my name were David. Jle took me to a window seat and said ; " these English* men are going to play the devil with us. They will overturn every thing. We must resist them and that by force. I wish you would write in the Newspapers, and urge a general atten- tion t& the Militia, to their exercises and discipline, for we must resist in arms." I answered, " All this I fear is true ; hut why do you not write yourself? You are older than I am ; have more experience than I have, are more intimate with the gran- dees than 1 am, and you can write ten times better than I can." There had been a correspondence between us, by which I knew his refined style as well as he knew my coarse one. " Why," said Mr. Sewall, " I would write, but Goffe will find me out and 1 shall grieve his righteous soul, and you know what influence he has* in Middlesex." This Goffe had been Attorney General for twenty years, and commanded the practise in Middlesex and Wor- cester and several other Counties. He had power to crush, by his frown or his nod any young Lawyer in his County. He was afterwards Judge Trowbridge, but at that time as ardent as any of Hutchinson*s disciples, though he afterwards became alienated from his pursuits and principles. ' / ' ' •■ ^ «'. In December 1760, or January 1761, Stephen Sewall, Chief Justice died, deeply lamented, though insolvent. My friend Jom- TiuN, his nephew, the son of his brother, who tenderly loved and deeply revered his uncle, could not t^ear the thought, that the memory of the Chief Justice should -lie under the imputation of bankruptcy. At that time bankruptcy was inif^mous ; now it is scarcely disgraceful. Jonathan undertook the administration of his uncle's estate. Finding insolvency inevitable, he drew a peti- tion to the General Court to grant a sum of money, sufficient, tp pay the Chief Justice's debts. If my friend had known the char« actor of his countrymen, or the natxire of that Assembly, he never would have conceived such a project ; but he did conceive it and applied to James Otis, and his father, Colonel Otis, to patronize and support it. The Otis's knew their countrymen better than he did. They received and presented the petition, but without much t^' PREFACE. if hope of saccesi. The petition was rejected, and my friend Scwall conceived a suspicion, that it was not promoted with so much zeal, by the Otis's, as he thought they might have exerted. He imputed the failure to their coldness ; was much mortified and conceived a violent resentment, which he expressed with too much freedom and feeling in all companies. Qoffe, Hutchinson and all the courtiers soon heard of it and instantly fastened their eyes upon Sewall ; courted his society ; sounded his fame ; promoted his practise, and soon after made him Solicitor General by creating a new office, expressly for him. Mr. Sewall, had a soft, smooth, insinuating eloquence, which gliding imperceptibly into the minds of a Jury, gave him as much power over that tribunal as any lawyer ought ever to possess. He was also capable of discussing before the court, any intricate question of law, which gave him, at least, as much influence there as was consistent with an impartial administration of justice. He was a gentleman and a scholar ; had a fund of wit, humour and satire, which he used with great discretion at the bar, but poured out with unbounded profusion in the newspapers. Witness his volu- minous productions in the newspapars, signed long J, and Philan- thropos. These accomplishments richly qualified him to serve the purposes of the gentlemen, who courted him into their service. Mr. Sewall soon fell in love with Miss Esther Quincy, the fourth daughter of Edmund Quincy, Esq. an eminent merchant and magistrate, and a grand daughter of that Edmund Q,uincy, who was eighteen years a Judge of the Superior Court, who died of the small pox in the agency uf the province at the Court of St. Jameses, and whose monument was erected, at the expense of the Province, in Bun-hill-fields, London. This young lady, who was celebrated for her beauty, her vivacity and spirit, lived with her father in this parish, now called Quincy. Mr. Sewall's courtship was extended for several years, and he came up very constantly on Saturdays and remained here until Mondays ; and I was sure to be invited to meet him on every Sunday evening, During all these years, there was a constant correspondence be- tween us, and he concealed nothing from me, so that I knew him by his style whenever he appeared in print. In 1766, he married the object of his affections, and an excel- lent wife he found her. He was soon appointed Attorney Gen- eral, hi 1768, he was employed by Governor Barnard to offer m PREFACE. ' hi .1 me the office of Advocate General, in the C'oiirt of Admiralty, which I decidedly and peremptorily though respectfully refused. We continued our friendship and confidential intercourse, though professedly in boxes of politics, as opposite as East and Wf^st, until the year 1 774, when we both attended the Superior Court in Falmouth, Casco-bay, now Portland. I had then been chosen a delegate to Congress. Mr. Skwall invited me to take a Wijik with him, very early in the morning, on the great hill. In the course of our rambles he very soon begun to remonstrate against my going to Congress. He said " that Great Britam was determined on her system ; her power was irresistible and would certainly be destructive to me, and to all those who should per- severe in opposition to her designs." I answered, " that I knew (ireat Bruain was determined on her system, and that very de. termination, determined me on mine ; that he knew I had been constant and uniform in opposition to all her measures ; that the die was now cast ; 1 had passed the Rubicon ; swim or sink, live or die, survive or perish with my country, was my unalterable determination. The conversation was protracted into length, but this was the substance of the whole. It terminated in my saying to hiiT); " I see we must part, and with a bleeding heart I say, I fear forever ; but you may depend upon it, this adieu is the sharpest thorn on which I ever sat my foot." I never conversed with him again 'till the year 1788. Mr. Sewall retired in 1775 to England, where he remained and resided in Bristol. On my return from Congress in the month of November 1774, I found the Massachusetts Gazette teeming with political specu- lations, and Massachusettensis shining like the moon among the lesser stars. I instantly knew him to be my friend Sewall, and was told he excited great exultation among the tories and many gloomy apprehensions among the whigs. I instantly resolved to «'htcr the lists with him, and this is the history of the following volume. In 1788, Mr. Sewall came to London to embark for Halifax. I enquired for his lodgings and instantly drove to them, laying aside all etiquette, to make him a visit. I ordered my servant to announce John Adams, was instantly admitted, and both of us forgetting that we had ever been enemies, embraced each other as cordially as ever. I had two hours conversation with him in a most delightful freedom upon a multitude of subjects. He told i 11—.. I'REKACE. fli me he had lived for the nnkn of his two children ; he had spared DO pains nor expense in their education, and he was f^oing to Ilalirnx in hope of making some provision for them. They are now two of the most respectable gentlemen in Canada, One ol them a Chief Justice ; the other an Attorney General. Their father lived but a short time after his return to America ; evi- dently broken down by his anxieties and probably dying of a bro- ken heart. He always lamented the conduct of Great Britain towards America. No man more constantly congratulated me, while we lived together in America, upon any news, true or false, favorable to a repeal of the obnoxious Statutes and a redress of our grievances ; but the society in which he lived had convin- ced him that all resistance was not only useless but ruinous. More conscious than ever of the faults in the style and arrange- ment, if not in the matter of my part of the following papers, I shall see them in print with more anxiety than when fhey were first published. The principles however are those on which I then conscientiously acted, and which I now most cordially approve. To the candour of an indulgent nation, whom I congratulate os their present prosperity and pleasing prospects, and for whose happiness I shall o0er up my dying supplications to Heaven, f commit the volume with all its imperfections. JOHN ADAMS Qi4tru;y, January 1, 1819. Vjl ax. V Li il! /•«v ^■ ■ > aL." ■■ -T ADDRESSED To the Inhabitants of the Colony of Massachusetts Bay, January 23, 1775. MY FRIENDS, A WRITER, under the signature of Massachusettensis, has addressed you, in a series of papers, on the great national subject of the present quarrel between the British administration and the Colonies. As I have not in my possession, more than one of his Essays, and that is in Ihe Gazette of December 26, I will take the liberty, in the spirit of candor, and decency, to bespeak your attention, upon the same subject. There may be occasion, to say very severe things, before ; shall have finished what I propose, in opposition to this writer but there ought to be no reviling. Rem ipsam die, mitte male loqui, which may be justly translated, speak out the whole truth boldly, but use no bad language. It is not very material to enquire, as others have done, who is the author of the speculations in question. If he is a disinterested writer, and has nothing to gain or to lose, to hope or to fear, for himself more than other individuals of your community ; but en- gages in this controversy from the purest principles, the noblest motives of benevolence to men, and of love to his country, he ought to have no influence with you, further than truth and jus- tice will support his argument. On the other hand, if he hopes to acquire or preserve a lucrative employment, to screen him- self from the just detestation of his countrymen, or whatever other sinister inducement he may have, as far as the truth of facts and the weight of argument, are in his favor, he ought to be duly regarded. He tells you " that the temporal salvation of this province de- pends upon an entire and speedy change of measures, which must depend upon a change of sentiments respecting our own conduct and the justice of the British nation." The task, of efl'ecting these great changes, this courageous writer, has undertaken in a course of publications in a newspaper. ^il desperandum is a good motto, «iul jVil admirari, is another. He is welcome to the first, and I hope will be willing that I should assume the last. The public, if they are not mistaken in their conjecture, have been so long acquainted with this gentle- man, and have seen him so often disappointed, that if they were ' li i 10 not iiabitunte<1 to strange things, they would wonder at his hopes, at this time to accomplish, the most unpromising project of his whole life. In the character of Philanthrop, he attempted tc reconcile you to Mr. Bernard. But the only fruit of his labor was, to expose his client to more general examination, and con- sequently to more general resentment and aversion. In the character of Philalethes, he essayed to prove Mr, Hutchinson a patriot, and his letters not only innocent, but meritorious. But the more you read and considered, the more you were convinced of the ambition and avarice, the simulation and dissimulation, the hypocricy and perfidy of that r'^stuying angel. This illfated and unsuccessful, though persevering writer, still hopes to change your sentiments and conduct — by which it is supposed tliat he means to convince you that the system of Colo- ny administration, which has been pursued for these ten or twelve years past, is a wise, righteous and humane plan ; that sir Francis Bernard aiid Mr. Mutchinson, with their connections, who have been the principal instruments of it, are your best friends ; — and that those gentle in this province, and in all the other Colonies, who have been in opposition to it, are from ignorance, error, or from worse and baser causes, your worst enemies. This is certainly an inquiry that is worthy of you ; and I pro- mise to accompany this writer, in his ingenious labours to assist you in it. And I earnestly intreat you, as the result of all shall be, to change your sentiments or persevere in them, as the evi- dence shall appear to you, upon the most dispassionate and im* partial consideration, without regard to his opinion or mine. He promises to avoid personal reflections, but to penetrate the arcana, and expose the wretched policy of the whigs. The cause of the whigs is not conducted by intrigues at a distant court, but by constant appeals to a sensible and virtuous people ; it de- pends intirely on their good will, and cannot be pursued a single step without their concurrence, to obtain which of a'-i designs, measures, and means, are constantly published to the collective body. The whigs therefore can have no arcana ; but if they had, I dare say they were never so left, as to communicate them to tins writer; you will therefore be disappointed if you expect from him any thing which is true, but what has been as public as records and newspapers could make it. 1, on my part, may perhaps in a course of papers, penetrate arcana too. Shew the wicked policy of the tories — trace their plan from its first rude sketches to i>.. K !.|. ii'ii IS 'ill' 12 large people, for any length of time together, to think themselves wronged, injured, and oppressed, unless they really were, and saw and felt it to be so. " They," the popular leaders, " begin by remindiing the peo- ple of the elevated rank they hold in the universe as men ; that all men by nature are equal ; that kings are but the ministers of the people ; that their authority is delegated to them by the peo- ple, for their good, and they have a right to resume it, and place it in other hands, or keep it themselves, whenever it is made use of to oppress them. Doubtless there have been instances, when these principles have been inculcated to obtain a redress of real grievances, but they have been much oftener perverted to the worst of purposes." These are what are called revolution principles. They are the principles of Aristotle and Plato, of Livy and Cicero, and Syd- ney, Harrington and Locke. The principles of nature and eter- nal reason. The principles on which the whole government over us thins: can now stands. It is therefore astonishing, if any can be so, that writers, who call themselves friends of government, should in this age and country, be so inconsistent with themselves, so indiscreet, so immodest, as to insinuate a doubt concerning them. Yet we find that these principles stand in the way of Massachu- settensis, and all the writers of his class. The veteran, in his letter to the officers of the arm}', allows them to be noble, and true, but says the application of them to particular cases is wild and Utopian. How they can be in general true, and not applica- ble to particular cases, I cannot comprehend. I thought their being true in general, was because they were applicable in most particular cases. Gravity is a principle in nature. Why ? because all particular bodies are found to gravitate. How would it sound to say, that bodies in general are heavy; yet to apply this to particular bodies and say, that a guinea, or a ball is heavy, is wild, &c. — " Adopted in private life," says the honest amiable veteran, " they would introduce perpetual discord." This 1 deny, and I think it plain, that there never was an happy private family where they weie not adopted. " In the State perpetual discord." This I deny, an affirm that order, concord and stability in this State, nev- er was or can be preserved without them. " The least failure in the reciprocal duties of worship and obedience in the matrimonial contract would justify a divorce." This is no consequence from those principles, — a total departure from the ends and designs of the contract it is true, as elopement and adultery, would by these principles justify a divorce, but not the least failure, or many smaller failures in the reciprocal duties, &,c. " In the political compact, the smallest defect in the Prince a revolution" — By no means. But a manifest design in the Prince, to annul the con- tract on his part, will annul it on the part of the people. A set- last 13 tied plan to deprive the people of all the benefits, blessings and ends of the contract, to subvert the fundamentals of the constitu- tion, to deprive them of all share in making and executing laws, Avill justify a revolution. The author of a " Friendly Address to all reasonable Ameri- cans," discovers his rancour against these principles, in a more explicit manner, and makes no scruples to advance the principles of llobbs and Filmer, boldly, and to pronounce damnation, ore ro- tundo, on all who do not practice implicit passive obedience, to an established government, of whatever character it may be. It is not reviling, it is not bad language, it is strictly decent to say, that this angry bigot, this ignorant dogmatist, this foul mouthed scold, deserves no other answer than silent contempt. Massa- chusettensis and the veteran, I admire, the lirst for his art, the last for his honesty, Massachusettensis, is more discreet than either of the others ; sensible that these principles would be very troublesome to him, yet conscious of their truth, he has neither admitted nor denied them. But we have a right to his opinion of them, before we dispute with him. He finds fault with the application of them. They have been invariably applied in support of the revolution and the present establishment — against the Stuart's, the Charles' and the James', — in support of the reformation and the Protestant religion, against the worst tyranny, that the genius of toryism, has ever yet invented, I mean the Roman superstition. Does this writer rank the revolution and present establishment, the reforma- tion and Protestant religion among his worst of purposes ? What " vvorse purpose" is there than established tyranny ? Were these principles ever inculcated in favor of such tyranny ? Have they not always been used against such tyrannies, when the peo- ple have had knowledge enough to be apprized of them, and courage to assert them ? Do not those who aim at depriving the people of their liberties, always inculcate opposite principles, or discredit these. " A small mistake in point of policy," says he, " often furnishes a pretence to libel government and persuade the people that their rulers are tyrants, and the whole government, a system of oppres- sion." This is not only untrue, but inconsistent with what he said before. The people are in their nature so gentle, that there nev- er was a government yet, in which thousands of mistakes were not overlooked. The most sensible and jealous people are so lit- tle attentive to government, that there are no instances of resist- ance, until repeated, multiplied oppressions have placed it be3'ond a doubt, that their rulers had formed settled plans to deprive tliem of their liberties ; not to oppress an individual or a few, but to break down the fences of a free constitution, and deprive the peo- ple at large of all share in the government and all the checks by which it is limited. Even Machiavel himself allows, that not in- gratitude to their rulers, but much love is the constant fault of the. people. 1^ li li it |,|.: u This writer is equally mistaken, when he says, the people arc sure to be loosers in the end. They can hardly be loosers, if un- succossful ; because if they live, they can but be slaves, after an unfortunate effort, and slaves they would have been, if they had not resisted. So that nothing is lost. If they die, they cannot be said to lose, for death is better than slavery. If they succeed^ their gains are immense. They preserve their liberties. The instances in antiquity, which this writer alludes to, are not men- tioned, and therefore cannot be answered, but that in the country from whence we are derived, is the most unfortunate for his pur- pose, that could have been chosen. The resistance to Charles the First and the case of Cromwell, no doubt he means. But the people of England, and the cause of liberty, truth, virtue and hu- manity, gained infinite advantages by that resistance. In all hu- man probability, liberty civil and religious, not only in England but in all Europe, would have been lost. Charles would undoubt- edly have established the Romish religion and a despotism as wild as any in the world. And as England has been a principal bul- wark from that period to this, of civil liberty and the Protestant religion in ail Europe, if Charles' schemes had succeeded, there is great reason to apprehend that the right of science would have been extinguished, and mankind, drawn back to a state of dark- ness and misery, like that which prevailed from the fourth to the fourteenth century. It is true and to be lamented that Cromwell dii not establish a government as free, as he might and ought ; but his government was infinately more glorious and happy to the people than Charles'. Did not the people gain by the resistance to James the second ? Did not the Romans gain by the resistance to Tarquin ? Throughout that resistance and the liberty that was restored by it, would the great Roman orators, poets and his- torians, the great teachers of humanity and politeness, the pride of human nature, and the delight and glory of mankind, for sev- enteen hundred years, ever have existed ? Did not the Romans gain b}-^ resistance to the Decemvirs ? Did not the English gain hy resistance to John, when Magna Charta was obtained ? Did not the seven united provinces gain by resistance to Philip, Alva, andGranvcil? Did not the Swiss Cantons, the Genevans and Grissons, gain bv resistance to Albert and Grisler ? NOVANGLUS. uv ADDRESSED To the Inhabitants of the Colony of Massachusetts Batj. January 30, 1775. MY FRIENDS, I HAVE heretofore intimated my intention, of pui'suing: tiie tories, through all their dark intrigues, and wicked machinations ; and to shew the rise, and progress of their schemes for enslaving this country. The honor of inventing and contriving these meas- ures, is not their due. They, have been but servile copiers ol" the designs of Andross, Randolph, Dudley, and other champion^ of their cause toward* the close of the last century. These lat- ter worthies accomplished but little ; and their plans had beeu buried with them, for a long course of years, until in the admin> istration of the late Governor Shirley, they were revived, by the persons who are now principally concerned in carrying them into execution. Shirley, was a crafty, busy, ambitious, intrigueing, en- terprising man ; and having mounted, no matter by what mean? to the chair of this province, he saw, in a young growing country, vast prospects of ambition opening before his eyes, and he con- ceived great designs of aggrandizing himself, his family and his friends. Mr. Hutchinson and Mr. Oliver, the two famous letter writers, were his principal ministers of State. Russell, Paxton Ruggles, and a few others, were subordinate instruments. Among other schemes of this Junto, one was to have a Revenue in Amer- ica by authority of Parliament. In order to effect their purpose it was necessary to concert measures with the other Colonies. Dr. Franklin, who u as known to be an active, and very able man, and to have great intluence in the province of Pennsylvania, was in Boston, in the year 1754 and Mr. Shirley communicated to him the profound secret, the giO?t design of taxing the Colonies by act of Parliament. 'I'his sa- gacious gentleman, this eminent philosopher,and distinguished pat- riot, to his lasting honor, sent the Governor an answer in writiii"- with the following remarks upon his scheme. Remarks which would have discouraged any honest man from the pursuit. 1 he remarks are these : — " That the people always bear the burden best, when they have, or think they have, some sJiare in the direction. '* That when public measures are* generally distasteful to th? people, the wheels of government must move more heavily. ',1, "I ■'X .;l 1 i3' !«! m M I H'i' I i 16 " That excluding the people of America from all share in the choice of a grand council for their own defence, and taxing them in Parliament, wh'^rc they have no representative, would probably give extreme dissatisfaction. " That there was no reason to doubt the willingness of the Colonists to contribute for their own defence. That the people themselves, whose all was at stake, could better judge of the force necessary for their defence, and of the means for raising money for the jjurposc, than a British Parliament at so great distance. " That natives of America, would be as likely to consult wisely and faithfully for the safely of their native country, as the Gover- nors sent from Britain, whose object is generally to make fortunes, and then return home, and who might therefore be expected to carry on the war against France, rather in a way, by which them- selves were likely to be gainers, than for the greatest advantage t)f the cause. " That compelling the Colonies to pay money for their own defence, without their consent, would shew a suspicion of their loyalty, or of their regard for their country, or of their common 4ense, and would be treating them as conquered enemies, and not as free Britains, who hold it for their undoubted right not to be taxed by their own consent, given through their representatives. *' That parliamentary taxes, once laid on, are often continued, after the necessity for laying them on, ceases ; but that if the Colonists were trusted to tax themselves, they would remove the burden from the people, as soon as it should become unnecessary for them to bear it any longer. " That if Parliament is to tax the Colonies, their assemblies of representatives may be dismissed as useless. " That taxing the Colonies in Parliament for their own defence against the French, is not more just, than it would be to oblige the oinque ports, and other inrl^ of Britain, to maintain a force against France, and to tax them for this purpose, without allowing them veprcsentatives in Parliament. " That the Colonists have always been indirectly taxed by the mother country (besides paying the taxes necessarily laid on by their own assemblies) inasmuch as they are obliged to purchase the manufactures ot Britain, charged with innumerable heavy taxes ; some of which manufactures they could make, and others could purchase cheaper at other markets. " That the Colonists are besides taxed by the mother country, by being obliged to carry great part of their produce to Britain, and accept a lower price, than they might have at other markets. The difference is a tax paid to Britain. " That the whole wealth of the Colonists centres at last in the mother country, which enables her to pay her taxes. " That the Colonies have, at the hazard of their lives and for- tunes, extended the dominions, and increased the commerce and riches of the mother country, that therefore the Colonists do not It (Jeserve to be deprived of the native right of Britons, the right of being taxed only by representatives chosen by themselves. " That an adequate representation in parliament would proba- bly be acceptable to the Colonists, and would best raise the viewn and interests of the whole empire." The last of these propositions seems not to have been well con- sidered, because an adequate representation in parliament, is to- tally impracticable ; but the others have exhausted the subject. If any one should ask what authority or evidence I have of this anecdote, I refer to the second volume of the Political Disquisitions, page 270, ?", 8, 9. A book which ought to be in the hands of ev- ery American who has learned to read. Whether the ministry at home or the junto here, were discour- aged by these master' remarks, or by any other cause, the pro- ject of taxing the Colonies was laid aside. Mr. Shirley was re- moved from .his government, and Mr. Pownal was placed in his stead. Mr. Pownal seems to have been n friend to liberty and to our Constitution, and to have had an aversion to all plots against ei- ther, and consequently to have given his confidence to other per- sons than Hutchinson and Oliver, who, stung with envy against Mr. Pratt and others, who had the lead in affairs, set themselves, by propagating slanders against the Governor, among the people, and especially among the clei^y, to raise dis- contents, and make him uneasy in his seat. Pownal averse to wrangling, and fond of the delights of England, solicited to be re- called, and after some time Mr. Bernard was removed from New Jersey to the chair of this Province. Bernard was the man for the purpose of the junto ; educated in the highest principles of monarchy, naturally daring and coura- geous,skiIled enough in law and policy to do mischief,and avaricious to a most infamous degree ; needy at the same time, and having a numerous family to provide for, — he was an instrument, suitable in every respect, excepting one, for this junto, to employ. The exception 1 mean, was blunt frankness, very opposite to that cau- tious cunning, that deep dissimulation, to which they had by long practice disciplined themselves. However, they did not despair of toaching him this cecessary artful quality by degrees, and the event shewed they were not wholly unsuccessful, in their endeavors to do it. While the war lasted, these simple Provinces were of too much importance in the conduct of it, to be disgusted, by any open at- tempt against their liberties. The junto therefore, contented themselves with preparing their ground by extending tlieir con- nection and correspondencies in England, and by conciliating the friendship of the crown officers occasionally here, and insinua- ting their designs as necessary to be undertaken in some future favorable opportunity, for the good of the empire, as well as of the Colonic?, ■ '-"M e' lU i % :i) 'I n .11 >'''' rV Tliu (lc!!iignH ui frOviileiice ai:e iuscruktblc. It affords to bad meft conjuncturcH favourablo I'or their dusigiii), as well m to gQ<^. The conclusion of th« ponce, was the moat critical opportunity for our junto, that could have presented. A peace founded on the des- truction of that system of policy, the most glorious for the na- tion, that ever was formed, and v/hich was never equalled in the conduct of the English government, except in the enterregnum, and perhaps in the rcigii of Elizabeth ; which system however, by its being abrubtly broken off and its chief conductor discarded before it was completed, proved unfortunate to the nation by leav- ing it sinking in a bottomle.s.^ gulf of debt, oppressed and borne down with taxes. At this lucky time, when the British financier, was driven out of his wits for ways and means, to supply the demands upon him, Bernard is employed by the junto, to suggest to him the project of taxing the Colonies by act of Parliament. 1 do not advance this without evidence. I appeal to a pubUca- tion made by Sir Francis Bernard himself, the last year of his own select lettera on the trade and government of America, and the principles of law and polity applied to the American Colonies. I shall make much use of this pamphlet before I have done. In the year 1764, Mr. Bernard transmitted home to different noblemen, and gentlemen, four copies of his principles of law and polity, with a preface, which proves incontestibly, that the pro- ject of new regulating the American Colonies were not first sug- gested to him by the ministry, but by him to them. The words of this preface are these : — " The present expectation, that a new regulation of the American governments will soon take place, probably arises more from the opinion the public has of the abil- ities of the present ministry, than from any thing that has trans- pired from the cabinet ; it cannot be supposed that their penetra- tion can overlook the necessity of such a regulation, nor their public spirit fail to carry it into execution. But it may be a ques- tion, whether the present is a proper time for this work ; more urgent business may stand before it, some preparatory steps may be required to precede it ; but these will only serve to postpone. As we may expect that this reformation, like all others, will be opposed by powerful prejudices, it may not be amiss to reason with them at leisure, and endeavor to take off their force before they become opposed to government." These are the words of that arch enemy of North America, written in 17()4, and then transmitted to four persons, with a desire that they might be communicated to others. Upon these w(v^ds, it is impossible not to observe, first, That the ministry had never signified to him, any intention of new reg- ulating the Colonies ; and therefore, that it was he who most of- ficiously and impertinently put them upon the pursuit of this will zi-ithawhisp^ which has led him and them into so much mire. 2. The artful ilallery with which he insinuates these projects into the their I regarl urges! the g\ wouh preju^ been The II and wf e rally I nard water | made i ME 19 pluce, reason before That w reg- lost of- is will e. 2. ts into the mindfl of the ministry, ns matters of nbflOlnte necessity, which their great penetration could hot fail to discover, nor their great regard to the public, omit. 3. The importunity with which he urges a speedy accomplishment of his pretended reformation of the governments, and 4. His consciousness that these schemes would be opposed, although he affects to expect from powerful prejudices only, that opposition, which all Americans say, has been dictated by sound reason, true policy, and eternal justice. The last thing I shall take notice of is, the artful, yet most false and wicked insinuation, that such new regulations were then gen- erally expected. This is so absolutely false, that excepting Ber- nard himself, and his junto, scarcely any body on this side the water had any suspicion of it, — insomuch that if Bernard had made public, at that time, his preface and principles, as he sent them to the ministry, it is much to be doubted whether he could have lived in this country — certain it is, he would have had no friends in this province out of the junto. The intention of the junto, was, to procure a revenue to be raised in America by act of parliament. Nothing was further from their designs and wishes, than the drawing or sending this revenue into the exchequer in England to be spent there in dis- charging the national debt, and lessening the burdens of the poor people there. They were more selfish. They chose to have the fingering of the money themselves. Their design was, that the money should be applied, first in ajarge salary to the govern- or. This would gratify Bernard's avarice, and then it would render him and all other governors, not only independent of the people, but still more absolutely a slave to the will of the minis- ter. They intended likewise a salary for the lieutenant governor. This would appease in some degree the gfiawings of Hutchinson's avidity, in which he was not a whit behind Bernard himself. In the next place, they intended a salary to the judges of the com- mon law, as well as admiralty. And thus the whole government, executive and judicial, was to be rendered wholly independent of the people, (and their representatives rendered useless, insignifi- cant and even burthensome) and absolutely dependant upon, and under the direction of the will of the minister of {state. They intended further to new model the whole continent of North America, make an entire new division of it, into distinct, though more extensive and less numerous Colonies, to sweep away all the charters upon the continent, with the destroying besom of an act of parliament, and reduce all the governments to the plan of the royal governments, with a nobility in each Colony, not hered- itary indeed, at first, but for life. They did indeed flatter the ministry and people in England, with distant hopes of a revenue from America, at some future period, to be appropriated to na- tional uses there. But this was not to happen in their minds for some time. The governments must be new modelled, new reg- ulated, reformed first and then the governments here would be '■J'-'L 20 able and willing to carry into execution any acts of Parliament ur measure!) of the minietry, for fleecing the people here, to pay (lebtfl, or support pensioners, on the American establishment, or bribe electors, or members of parliament, or any other purpose that a virtuous ministry could desire. But as ill luck would have it, the British financier, was as sel> fish as themselves, and instead of raising money for them, chose to raise it for himself. He put the cart before the horse. He chose to get the revenue into the exchequer, because he had hungry cormorants enough about him in England whose cooings were more troublesome to his ears, than the croaking of the ra- vens in America. And he thought if America could afford any revenue at all, and he could get it by authority of parliament, he might have it himself, to give to his friends, as well as raise it for the junto here, to spend themselves, or give to theirs. This unfortunate preposterous improvement of Mr. Grcnville, upon the plan of the junto, had well nigh ruined the whole. I will proceed no further without producing my evidence. In- deed to a man who was acquainted with this junto, and had any opportunity to watch their motions, observe their language, and remark their countenances, for these last twelve years, no other evidence is necessary ; it was plain to such persons, what this jun- to was about. But we have evidence enough now under their own hands of the whole of what was said of them by their oppo- sers, through this whole period. Governor Bernard, in hii letter July II, 1764, says, "that a general reformation of the American governments would become not only a desirable but a necessary measure. What his idea was, of a general reformation of tbe American governments, is to be learnt from his principles of law and polity, which he sent to the ministry in 1704. I shall select a few of them in his own words ; but I wiiih the whole of them could be printed in the newspapers, that America might know more generally the principles and de- signs and exertions of our junto. His 29th proposition is, '^ The rule that a British subject shall not be bound by laws, or liable to taxes, but what he has consent- ed to, by his representatives, must be confined to the inhabitants of Great Britain only ; and is not strictly true even there. 30. The parliament of Great Britain, as well from its rights of sove- reignty, as from occasional exigences, has a right to make laws for atui impose taxes upon its subjects in its external dominions, although they are not represented in such parliament. But 31. Taxes imposed upon the external dominions, ought to be applied to the use of the people, from whom they are raised. 32. The parliament of Great Britain has a right and duty to take care to provide for the defence of the American Colonies ; especially as such Colonies are unable to defend themselves. 33. The par- liament of Great Britain has a right and a duty to take care that provision be made for a sufficient support of the American gov- I 31 rliament or 're, to pay shment, or er purpose was as 8el> lem, chose lorse. He ISO he had lose cnoingt : of the ra- afford any parliament, I as raise it ;irs. This b'ille, upon lence. In- i(i had any ^uage, and I, no other at this jun- nder their :heir oppo- s, " that a lid become is idea was, ts, is to be sent to the wn words ; swspapers, es and de- ibject shall us consent- inhabitants here. 30. ts of sove- make laws dominions, But 31. be applied 32. The ke care to pecially as The par- ! care that rican gov- ernments. Because 34. The support of the ^(ovcrnment i^ one of the principal conditions upon wliich » Colony is allowed the power of legislation. Also because 35. Some of the American Colonies have shewn themHolves deficient in the support of their several goveniments, both as to sulHciency and independency." His 75th proposition is, " Every American ifovcrnmont is capa- ble of having its constitution altered for the better. 76. The grants of the powers of governments to the American Colonies by charters cannot be understood to be intended fc- other than their infant or growing States. 77. They cannot be intended f(»r their mature state, that is for perpetuity; because they are in m;iny things unconstitutional and contrarj/ to the very nature of a IJritiKli government ; therefore 78. They must be considered as designed only as temporary means, for settling and bringing forward the peopling the Colonies ; which being etfected, the cause of the peculiarity of their constitution ceases. 70. If the charters can be pleaded against the authority of Parliament they amount to an alien- ation of the dominions of Great Britiiin, and are in elTect acts of dismembering the British empire, and will operate as such, if care is not taken to prevent it. 83. The notion which has heretofore prevailed, that the dividing America into many gov- ernments, and different modes of goverment will be the means to prevent their uniting to revolt, is ill founded ; since, if the governments were ever so much consolidated, it will be necessary to have so many distinct States, as to make a union to revolt, impracticable. Whereas 84. The splitting America into many small governments, weakens the govern- ing power, and strengthens that of the people ; and thereby makes revolting more probable and more praticable. 85. To prevent revolts in future times (for there is no room to fear them in the present) the most effectual means would be, to make the governments large and respectable, and balance the powers of them. 86. There is no government in America at present, whose powers are properly balanced ; there not being in any of them, a real and distinct third legislative power mediating between the king and the people, which is the peculiar excellence of the British constitution. 87. The want of such a third legislative power, adds weight to the popular, and lightens the royal scale ; so as to destroy the balance between the royal and popu- lar powers. 88. Although America is not now (and probably will not be for many years to come) ripe enough for an hereditary nobility ; yet it is now capable of a nobilility for life. 89. A no- bilitv appointed by the king for life, and made independent, would probably give strength and stability to the American gov- ernments, as e^Tectually as an hereditary nobility does to that of Great Britain. 90. The reformation of American governments should not be controuled by the present boundaries of the Colo- nies ; as they were mostly settled upon partial, occasional, and accidental considerations, without any regard to a whole. 91. To settle the American governments to the greatest possible advan- %M ■,4i 'fm ■ ■■il w ill !|l I ,1,1 I •&• m H :«*' Hi' 22 tage, it will be necesflary to reduce thn number of them ; in some places to unite and consolidate, in others to separate and transfer; and in general to divide by natural boundaries, instead of imaginary lines. U2. If there should be but one form of government establish- ed for all the North American provinces, if would greatly facilitate the reformation of them ; since, if the mode of government was every where the same, people would be more indifferent under what division they were ranged. 93. No objections ought to arise to the alteration of the boundaries of provinces from pro- prietors, on account of their property only ; since there is no occasion that it should in the least affect the boundaries of properties. 94. The present distinction of one govern- ment being more free or more popular than another, tend to em- barrass and to weaken the whole ; and should not be allowed to subsist among people, subject to one king and one law, and all equally fit for one form of government. 95. The American Colo- nies, in general, are, at this time, arrived at that state, which qualifies them to receive the most perfect form of government, which their situation and relation to Great Britain, make them ca- pable of. 96. The people of North America, at this time, expect a revisal and reformation of the American governm'ents, and are better disposed to submit to it, than ever they were, or perhaps ever will be again. 97. This is therefore the proper, and criti- cal time to reform the American governments, upon a general, constitutional, firm, and durable plan ; and if it is not done now, it will probably every day grow more diificult, till at last it becomes impracticable." My friends, these are the words, the plans, principles, and en- deavours of governor Bernard in the year 1764. That Hutchin- son and Oliver, notwithstanding all their disguises which you well remember, were in unison with him in the whole of his measures, can be doubted by no man. It appeared sufficiently in the part they all along acted, nothwithstanding their professions. And it afipeai-s incontestibly from Iheir detected letters, of which more hereafter. Now let me ask you, if the parliament of Great Britain, had all the natural foundations of authority, wisdom, goodness, justice, l^owcr, in as great perfection as they ever existed in any body of men since Adam's fall ; and if the English nation was the most virtuous, pure and free, that ever was ; would not such an unlim- ited subjection of three millions of people to that parliament, at three thousand miles distance be real slavery ? There are but two sorts of men in the world, freemen and slaves. The very definition of a freeman, is one who is bound by no law to which he has not consented. Americans would have no way of giving or withholding their consent to the acts of this parliameui, therefore they would not be freemen. But, when luxury, effeminacy and venality are arrived at such a shocking pitch in England, when both electors and elected, are become one mass of corruption, wt to yoil Yol to MV 23 when the nation is oppressed to death with debts and taxes, owing to tlieir own extravagance, and want of wisdom, what would be your condition under such an absolute subjection to parliament ? You would not only be slaves. But the most abject sort of slaves to the worst sort of masters ! at least this is my opinion. J udgo you for yourselves between Massachusettensis and NOVANGUS. ADDRESSED To the Inhabitants of the Colony of Massachusetts Bai^, February 6, 1775. MV FRIENDS, ' ' ,. THE history of the tories, began in my last, will be inter- rupted for some time ; but it shall be reassumed, and minutely related, in some future papers. Massachusettensis, who shall now be pursued, in his own serpentine path ; in his first paper, complains, that the press is not free, that a party has gained the ascendency so far as to become the liccncers ol it; by playing off the resentment of the populsHse, against printers and authors : That the press is become an eHigine of oppression and licentious.ess^ much devoted to the partisans of liberty, who have been indulged in publishing what they pleased, fas vcl nefas^ while little has been published on the part of government. The art of this writer which appears in all his productions, Is very conspicuous in this. It is intended to excite a resentment against the friends of liberty, for tyrannically depriving their an- tagonists, of so important a branch of freedom, and a compassion towards the tories, in the breasts of the people in the other Col- onies and in Great Britain, by insinuating, that they have not hnd equal terms. But nothing can be more injurious, nothing farther from the truth. Let us take a retrospective view of the period, since the last peace, and see, whether they have not uniformly had the press at their service, without the least molestation to authors or printers. Indeed, 1 believe that the Massachusetts Spy, if not the Boston Gazette have been open to them as well as to others. The Evening Post, Massachusetts Gazette and Boston Chronicle, have certainly been always as free for their use as the air. Let us dismiss prejudice and passion, and exam- ine impartially, whether the tories have not been chargeable with at least as many libels, as niuch licentiousness of the press, as the whigs ? Dr. Mayhew was a whig of the first magnitude, a clergyman equalled by very few of any denomination in piety, i ■■■ :); m :tV i i ■■ /7,7rtt2-, y Um^'> y Ua. % 1:1 ■■; 24 virtue, genius or leaining, whose works will maintain his charaC' ter, as long as New England shall be free, integrity esteemed, or wit, spirit, humour, or reason and knowledge admired. How was he treated from the press ? Did not the reverend tories who were pleased to write against him, the missionaries of defa- mation as well as bigotry and passive obedience, in their pam- phlets, and news papers, bespatter him all over with their filth ? With equal falsehood and malice charge him with every thing evil ? Mr. Otis, was in civil life ; and a senator, whose parts, lite- rature, eloquence and integrity, proved him a character in the world, equal to any of the time in which he flourished, of any party in the province. Now be pleased to recollect the Evening Post. For a long course of years, that gentleman, his friends and connexions, of whom the world has, and grateful posterity will have a better opinion than Massachusettensis will acknowledge, were pelted with the most infernally malicious, false, and atrocious libels, that ever issued from any press in Boston. I will mention no other names, lest I give too much offence to the modesty of some, and the envy and rancour of others. There never was before, in any part of the world, a whole town insulted to their faces, as Boston was, by the Boston Chronicle. Vet the printer was not molested for printing, it was his mad at- tack upon other printers with his clubs, and upon other gentle- men with his pistols, that was the cause of his flight, or rather the pretence. The truth was, he becajme too polite to attend his itusiness, his shop was neglected, pimjilinii were coming for more than 2000 sterling, which he had no inclination to pay. Printers may have been less eager after the productions of the tories than of the whigs, and the reason has been because the latter have been more consonant to the general taste and sense, audcon- i^equently more in demand. Notwithstanding this, the former have ever found one press at least devoted to their service, and have used it as licentiously as they could wish. Whether the rev- enue chest has kept it alive and made it profitable against the general sense, or not, I wot not. Thus much is certain that 200, 3, 4, 5, 600, 800, 1500 sterling a year, has been the constant re- ward of every scribbler, who has taken up the pen on the side of the ministry, with any reputation, and commissions have been given here for the most wretched productious of dulness itself. Whereas the writers on the side of liberty, have been rewarded only with the consciousness of endeavouring to do good, with the approbation of the virtuous and the malice of men in power. But this is not the tirst time, that writers have taken advantage of the times. Massachu-settcnsis knows the critical situation of this Province. The danger it is in, without government or law : The army in Boston. — The people irritated and exasperated, in such a manner as wiis never before borne by any people under Heaven. Much depends upon their patience at this critical time, and such an example of patience and order, this people have ex- ti' 26 hibited in a state of nature, under such cruel insults, distresses and provocations, as the history of mankind cannot parallel. In this state of things, protected by an army, the whole junto are now pouring forth the whole torrents of their Billingpgate, propagating thousands of the most palpable falsehoods, when they know that the writers on the other side have been restrained by their prudence and Ciiution from engaging in a controversy that must excite heats, lest it should have unhappy and tragical conse- quences. There is nothing in this world so excellent that it may not be abused. The abuses of the press are notorious. It is much to be desired that writers on all sides would be more careful of truth and decency : but upon the most impartial estimate, the tories will be found to have been the least so, ot any party among us. The honest Veteran, who ought not to be forgotten, in this place, says, " if an inhabitant of Bern or Amsterdam, could read the newspapers, &c. he would be at a loss how to reconcile op- pression with such unbounded licence of the press ; and would laugh at the charge, as something much more than a paradox, as a palpable contradiction." Bui with all his taste, and manly spirit, the Veteran is little of a statesman. His ideas of liberty are quite inadequate ; his notions of government very super- ficial. License of the press is no proof of liberty. When a peo- ple is corrupted, the press may be made an engine to complete their ruin : and it is now notorious, that the ministry, are daily empk)ying it to encrease and establish corruption, and to pluck up virtue by th? roots. Liberty can no more exist •»'ithout virtue and independence, than the body can live and move without a soul. When these are gone, and the popular branch of the constitution is become dependant on the minister, as it is in England, or cut off as it in America, all other forms of the constitution may remain ; but if you look for liberty, you will grope in vain, and the free- dom of the press, instead of i)romoting the cause of liberty, will but hasten its destruction, as the best cordials taken by patients, in some distempers, become the most rancid and corrosive poisons. The language of the Veteran, however, is like the style of the minister and his scribblers in England, boasting of the unbounded freedom of the press, and assuring the people that all is safe^ while that continues; and thus the people are to be cheated with libels in exchange for their liberties. A stronger proof cannot be wished, of the sciindalous license of the tory presses, than the swarms of pamj)hlets and spec\ilations, in New York and Boston, since last October. '• Madness, folly, de- lusion, delirium, infatuation, phrensy, high treason and rebellion," are charged in every page, upon three millions of as good and loyal, as sensible and virtuous people, as any in the empire : nay upon that congress, which was as lull niul free a representative, as ever was constituted by any people, chos< n universally with* flut solicitation, or the least tincture oj' corruption : that congress i ''' ^1 «. .4. '. Ill i >'M '! ■ i.i 'i'- . i 26 wh|ch consisted of governors, counsellors, some of them by mau- damus too, judges of supreme courts, speakers of assemblies, planters and merchants of the first fortune and character, and law- yers of the highest class, many of them educated at the temple, called to the bar in England, and of abilities and integrity equal to any there. Massachusettensis, conscious that the people of this continent have the utmost abhorrence of treason and rebellion, labours to avail himself of the magic in these words. But his artifice is .ain. The people are not to be intimidated by hard woids, from a necessary defence of their liberties : Their attachment to their constitution so dearly purchased by their own and their ancestors blood and treasure, their aversion to the late innovations, their horror of arbitrary power and the Romish religion, are much deeper rooted than their dread of rude sounds and unmannerly language. They do not want the advice of an honest lawyer, if such an one could be found, nor will they be deceived by a dishonest one. They know what offence it is, to assemble, armed and forcibly obstruct the course of justice. They have been many years considering and inquiring, they have been instructed by Massachusettensis and his friends, in the nature of treason, and the consequences of their own principles and actions. They know upon what hinge the whole dispute turns. That the fun- damentals of the government over them, are disputed, that the minister pretends and had the influence to obtain the voice of the last parliament in his favour, that parliament is the only supreme, sovereign, absolute and uncontroulable legislative over all the Colonies, that therefore the minister and all his advocates will cal'. resistance, to acts of parliament, by the names of treason and rebeUion. But at the same time they know, that in their own opinions, and in the opinions of all the Colonies, parliament has no authority over them, excc^>tiiig to regulate their trade, and this not by any principle of common law, but merely by the con- sent of the Colonies, founded on the obvious necessity of a case, which was never in contemplation of that law, nor provided for by it ; that therefore they have as good a right to charge that minister, Massachusettensis and the whole armj' to which he has lied for protection, with treason and rebellion. For if the par- liament has not a legal authority to overturn their constitution, and subject them to such acts as are lately passed, every man, who accepts of any commission and takes any steps to carry those acts into execution, is guilty of overt acts of treason and rebel- lion against his majesty, his royal crown and dignity, as much as if he should take arms against his troops, or attempt his sacred life. They know that the resistance against the stampt act, which was made through all America, was in the opinion of Mas- sachusettensis, and George Grenville, high treason, and that Bri. gadier Ruggles, and good Mr. Ogden, pretended at the congress at New York, to be of the same mind, and have been held in 27 m by mau- issemblies, [", and law- :ie temple, y equal to I continent labours to artifice is Olds, from it to their ancestors 008, their are much imannerly 3t lawyer, ived by a le, armed lave been instructed ason, and 3. They the fun,' that the ice of the supreme, [■ all the :ates will iason and heir own ment has »de, and the con- f a case, '^ided for rge that 1 he has the par- titution, ry man, ry those i rebel- much as i sacred ipt act, of Mas- hat Bri. ongress held in 'fr utter contempt and derision by the whole continent, for (he samo reason, ever since ; because in their own opinion, that resistance was a noble stand against tyranny, and the only opposition to it, which could have been effectual. That if the American resist- ance to the act for destroying your charter, and to the resolves for arresting persons here and sending them to England for trial is treason, the lords and commons, and the whole nation, were traitors at the rovohition. They know that all America is united in sentiment, and in the plan of opposition to the claims of administration and parliament. The junto in Boston, with their little flocks of adherents in the country, are not worth taking into the account ; and the army and navy, though these are divided among themselves, are no part of America ; in order to judge of this union, they begin at the commencement of the dispute, and run through the whole course of it. At the time of the Stamp Act, every Colony expres- sed its sentiments by resolves of their assemblies, and every one agreed that parliament had no right to tax the Colonies. The house of representatives of the Massachusetts Bay, then consisted of many persons, who have since figured as friends to government ; yet every member of that house concurred most cheerfully in the resolves then passed. The congress which met that year at New York, expressed the same opinion in their resolves, after the paint, paper and tea act was passed. The several assemblies expressed the same sentiments, and when your Colony wrote the famous circular letter, notwithstanding all the mandates and threats, and cajoling of the minister and the several governors, and all the crown officers through the continent, the assemblies with one voice echoed their entire approbation of that letter, and their applause to your Colony for sending it. In the year 1768, when a non importation was suggested and planned by a few gentlemen at a private club, in one of our large towns, as soon as it was proposed to the public, did it not spread through the whole continent ? Was it not regarded, like the laws of the Medes and Persians, in almost all the Colonies ? When the paint ■(.::]d paper act was repealed, the southern Colonies agreed to de- part from the association in all things but the dutied articles, but they have kept strictly to their agreement against importing them, so that no tea worth the mentioning, has been imported into any of them from Great Britain to this day. In the year 1 770, when a number of persons were slaughtered in King Street, such was the brotherly sympathy of all the Colonies, such their resentment against an hostile administration ; that the innocent blood then spilt, has never been forgotten, nor the murderous minister and governors, who brought the troops here, forgiven, by any part of the continent, and never will be. When a certain masterly statesman, invented a committee of correspondence in Boston, which has provoked so much of the spleen of Massachusettensis, of which much more hereafter ; did not every Colony, nay every r 28 county, city, hundred and town upon the whole continent, adopt the measure ? 1 had almost said, as if it had been a reve- lation from above, as the happiest means of cementing the union and acting in concert? What proofs of union have been given since the last March? Look over the resolves of the several Col- onies, and you will see that one understanding governs, one heart animates the whole body. Assemblies, conventions, congresses, towns, cities, and private clubs and circles, have been actuated by one great, wise, active and noble spirit, one masterly soul, ani- mating one vigorous body. The congress at Philadelphia, have expressed the same senti- ments with the people of New England, approved of the opposi- tion to the late innovations, unanimously advised us to persevere in it, and assured us that if force is attempted to carry these mea- sures against us, all Arierica ought to support us. Maryland and the lower counties on Delaware, have already, to shew to all the world their approbation of the measures of New England, and their determination to join in them, with a generosity, a wis- dom and magnanimity, which ought to make the tories consider, taken the power of the militia into the hands of the people, with- out the governor, or minister, and established it, by their own authority, for the defence of the Massachusetts, as well as of themselves. Other Colonies are only waiting to see if the neces- sity of it will become more obvious. Virginia, and the Carolinas, are preparing for military defence, and have been for some time. When we consider the variety of climates, soils, religious, civil governments, commercial interests, &c. which were represented at the congress, and the various occupations, educations, and char- acters of the gentlemen who composed it, the harmony and una- nimity which prevailed in it, can scarcely be paralleled in any assembly that ever met. When we consider, that at the revolu- tion, ?uch mighty questions, as whether the throne was vacant or not, and whether the Prince of Orange should be king or not, were determined in the convention of parliament by small major- ities of two or three, and four or five only ; the great majorities, the almost unanimity with which all great questions have been -lecided in your house of representatives, and other assemblies, and especially in the continental congress, cannot be considered in any other light than as the happiest omens indeed, as provi- dential dispensations in our favour, as well as the clearest demon- strations of the cordial, firm, radical and indissoluble union of the Colonies. The grand aphorism of the policy of the whigs has been to unite the people of America, and divide those of Great Britain : The reverse of this has been the maxim of the tories, viz : — To unite the people of Great Britain, and divide those of America : All the movements, marches and countermarches of both parties, on both sides of the Atlantic, may be reduced to one or the other of these rules. I have shewn, in opposition to Massachu^- fiettel than! most the the cess I firmn com| Grej easy I thoul of ' ': ^■i S9 '4 eettensis, that the people of America are unitorl more perfectly than the most sanguine whig couhl ever have hoped, or than the most timid tory could have feared. Let us now examine whether the people of Great Britain are equally united against us. For if the contending countries were equally united, the prospect of suc- cess in the quarrel would depend upon the comparative wisdom, firmness, strength and other advantages of each. And if such a comparison was made, it would not appear to a demonstration that Great Britain could so easily suhdue and conqtier. It is not so easy a thing for the most powerful State to conquer a coimtry a thousand leagues off. How many years time, how many millions of money, did it take, with five and thirty thou«and men, to con- quer the poor province of Canada ? And after all the battles and victories, it never would have submitted without a capitulation, which secured to them their religion and properties. But we know that the people ol Great Britain are not united against us. We distinguish between the ministry, the house of commons, the officers of the army, navy, excise, customs, &,c. who are dependent on the ministry and tempted, if not obliged, to echo theip voices ; and the body of the people. We are assured by thousands of letters from persons of good intelligence, by the general strain of publications in public papers, pamphlets, and magazines, and by some larger works written for posterity, that the body of the people are friends to America, and wish us suc- cess in our struggles against the claims of parliament and admin- istration. We know that millions in England and Scotland, will think it unrighteous, impolitic and ruinous, to make war upon us, and a minister, though he may have a marble heart, will proceed with a diffident, desponding spirit. We know that London and Bristol the two greatest commercial cities in the empire, have de- clared themselves in the most decisive manner, in favor of our cause. So explicitly that the former has bound her members under their hands to assist us, and the latter has chosen two known friends of America, one attached to us by principle, birth, and the most ardent affection, the other an able advocate ior us on sever- al great occasions. We know that many of th': most virtuous and independent of the nobility and gentry, are for us, and among them the best bishop that adorns the bench, as great a judge as the nation can boast, and the greatest statesman it oversaw. We know that the nation is loaded with debts and taxes by the folly and iniquity of its ministers, and that without the trade of Amerir ca, it can neither long support its fleet and army, nor pay the in- terest of its debt. But we are told that the nation is now united against u?, that they hold they have a right to tux us and legislate for us as firmly as we deny it. That we are a part of the British empire, that every State must have an uncontroulable power co-extensive with the empire, that there is little probability of serving ourselves by ingenious distinctions between external and internal taxes. If wo .Hi i ■ *: i •im h 30 ;t..i;, •t: ill 1^1 •i:^ ii'i'^ ■ ^f !►■ u are not a part of the state, and subject to the supreme authority o{ parliament, Great Britain will make ub so ; that if this oppor- tunity of reclaiming the Colonies is lost, they will be dismember- ed from the enipire ; and although they may continue their alle- giance to the king they will own none to the imperial crown. To all this I answer, that the nation is not so united ; that they do not so universall)' hold they hav e such a right, and my reasons I have given before. That the terms " British Empire" arc not the langurge of the common law, but the language of newspapers and political pamphlets. That the dominions of the king of Great Britain has no uncontroulable power co-extensive with them. I would ask by what law the Parliament has authority over Amer- ica ? By the law of God in the Old and New Testament, it has none : By the law of nature and nations, it has none. By the common law of England is has none. For the common law, and the authority of parliament founded on it, never extended be- yond the four seas. By stautute law it has none, for no statute was made before the settlement of the Colonies for this purpose ; and the declaratory act made in 1766, was made without our con- sent, by a parliament which had no authority beyond the four seas. What religious, moral or polititical obligations then are we under, to submit to parliament as a supreme legislative ? None at all. When it is said, that if we are not subject to the supreme author- ity of parliament. Great Britain will make us so, all other laws and obligations are given up, and recourse is had to the ratio ultima of Louis the 1 4th, and the suprema lex of the king of Sardinia, to the law of brickbats and cannon balls, which can be answered only by brickbats and balls. This language " the imperial crown of Great Britain," is not the style of the common law but of court sycophants, It was intro- duced in allusion to the Roman empire, and intended to insinuate that the prerogative of the imperial crown of England, was like that of the Roman emperor, after the maxim was established, quod pnncipi placuit legis habet vigorem^ and so far from including the two houses of parliament in the idea of this imperial crown, it was intended to insinuate that the crown was absolute, and had no need of lords or commons to make or dispense with laws. Yet even these court sycophants when driven to an explanation, never diired to put any other sense upon the words imperial crown than this, that the crown of England was independent of France, Spain, and all other kings and states in the world. When he says that the king's dominions must have an uncon- troulable power, CO extensive with them. I ask whether they have such a power or not ? And utterly deny that they have by any law but that of Louis the 14th, and the king of Sardenia. If they have not, and it is necessary that they should have, it then follows that there is a defect in what he calls the British empire ; and how shall this defect be supplied ? It cannot be supplied con- sistantly with reason, justice, policy, morality, or humanity, with* M 31 ort the consent of the Colonies and some new plan o( connec- tion. But if Great Britain will set all these at defiance, and resort to the ratio ultima^ all Europe will pronounce her a tyrant, and America never will submit to her, be the danger of disobedience as great as it will. But there is no need of any other power than that of regula- tin^ trade, and this the Colonies ever have been and will be ready and willing to concede to her. But she will never obtain from America any further concession while she exists. We are then asked, " for what she protected and defended the Colonies against the maritime power of Europe from their first settlement to this day ?" I answer for her own interest, because all the profitfn of our trade centered in her lap. But it ought to be remember- ed, that her name, not her purse, nor her fleets and armies, ever protected us, until the last war, and then the minister who conducted that war, informs us, that the annual millions from America enabled her to do it. We are then asked for what she purchased New York oi' the Dutch ? I answer she never did. The Dutch never owned it, were never more than trespassers and intruders there, and were finally expelled by conquest. It was ceded it is true by the treaty of Breda, and it is said in some authors, that some other territory in India was ceded to the Dutch in lieu of it. But this was the transaction of the king, not of parliament, and there- fore makes nothing to the ai^ument. But admitting for argument sake, (since the cautious Massachusettensis will urge us into the discussion of such questions) what is not a supposable case, that the nation should be so sunk in sloth, luxury, and corruption, as to suffer their minister to persevere in his mad blunders and send fire and sword against us, how shall we defend our- selves? The Colonies south of Pennsylvania have no men to spare we are told. But we know better — we know that all those Colonies have a back country which is inhabited by an hardy, robust people, many of whom are emigrants from New England, and habituated like multitudes of New England men, tocarr their fuzees or rifles upon one shoulder to defend them- selves against the Indians, while they carried their aves, scythes and hoes upon the other to till the ground. Did not those Colonies furnish men the last war excepting Maryland? Did not Virginia furnish men, one regiment particularly equal to any regular regiment in the service ? Does the soft \Iassachuset- tensis imagine that in the unnatural horrid war, he is now suppo- sing their er ertions would be less ? If he does he is very ill in- formed of their principles, their present sentiments and temper. But " have you arms and ammunition ?" I answer we have ; but if we had not, we could make a sufficient quantity for both. What should hinder? We have many manufacturers of fire arms now, whose arms are as good as any in the world. Powder has been made here, and may be again, and so may salt-^cue. What .ii 'f'.J ii ' 4 'MM ii, W P'".. 1!: ijj, ■ .) 32 should hinder? Wc hnve all the materinlsi in great ahundanCe^ and the process Ih very "implc. But if we neither had them nor could make them, wc could import them. But " the British navy" aye there's the ruh. But let us consider, eiince the pru- dent Massachusettensis will have these questions dehated. How many ships are taken to blockade Boston harbour ? How many ships can Britain spare to carry on this humane and political war, the object ofwhicb is a pepper corn ! let her send all the ships she has round her island. What if her ill natured neighbours, France and Spain should strike a blow in their absence 'I In order to judge what they could all do when they arrived here we should consider what they are all able to do round the island of Great Britain. We know that t\v^ upmost vigilance and exer- tions of them added to all the terap of sanguinary laws, are not sufficient to prevent continual smuggling, into their own island. \re there not tifly bays, harbours, creeks and inlets upon the whole coast of North America, where there is one round the island of Great Britain. Is it to be supposed then, that the whole British navy could prevent the importation of arms and ammu"! tiition into America, if she should have occasion for them to de- fend herself against the hellish warfare that is here supposed. But what will you do for discipline and subordination ? I an- swer we will have them in as great perfection as the regular troops. If tbe provincials were not brought in the last war to a proper discipline, what was the reason ? Because regular gener- als would not let them fight, which they ardently wished, but - alacrity than an act of parliament. The new fangled militia as the specious Massachusettensis calls it, is such a militia as he never saw. They are commanded through the province, not by men who procured their commis- sions from a governor as a reward for making themselves pimps to his tools, and by discovering a hatred of the people but by gentlemen whose estates, abilities and benevolence have render- ed them the delight of the soldiers, and there is an esteem and respect for them visible through the province, which has not been used in the militia. Nor is there that unsteadiness that is charged upon them. In some places, where companies have been split into two or three, it has only served by exciting an emulation between the companies to increase the martial spirit and skill. The plausible Massachusettensis may write as he will, but in a land war, this continent might defend itself against all the world. "We have men enough, and those men have as good natural un- derstandings, and as much natural courage as any other men. If ^ X they were wholly igfiioraiit now, they might learn the art of war. But at sea we are tlofenceiess. A navy might burn our seaport tojvns. What then ? If the insinuating Massachusettensis has ever read any speculations, concerning an Agrarian law, and 1 know he has, he will be satisfied that 350,000 landholders will not give up their rights and the constitution, by which t .ey hold them, to save fifty thousand inhabitants of maritime towns. Will the minister be nearer his mark, after he has burnt n beauti- ful town and murdered 30,000 innocent people ? So far from it, that one such event, would occasion the loss of all the Colonies to Great Britain forever. It is not so clear that our trade, fishery and navigation, could be taken from us. Some persons, who un- derstand this subject better than Massachusettensis, with all his sprightly imaginations, are of a different opinion. They think that our trade would be increased. But I will not enlarge upon this subject, because I wish the trade of this continent may be confined to Great Britain, at least as much of it, as it can do her any good to restrain. The Canadians and Savages are brought in to thicken the hor- rors of a picture, with which the lively fancy of this writer has terrified him. But although we are sensible that the Quebec act has laid a foundation for a fabric, which if not seasonably de molishcd, may be formidable, if not ruinous to the Colonies, in fu- ture times, yet we know that these times are yet at a distance ; at present we hold the power of the Canadians as nothing. But we know their dispositions are not unfriendly to us. The Savages will be more likely to be our friends than en- emies; but if they sh juld not, we know well enough how to de fend ourselves against them. I ought to apologize for the immoderate length of this paper. But general assertions are only to be confuted by an examination of particulars, which necessarily fills up much space. I will tres- pass on the reader's patience only while I make one observation more upon the art, I had almost said chicanery of fhis writer. He affirms that we are not united in this province, and that asso- ciations are forming in several parts of the province. Tlie asso- ciation he means has been laid before tho public, and a very curi- ous piece of legerdemain it is. Is there any article acknowledging the authority of parliament, the unlimitted authority of parlia- ment? Brigadier Ruggles himself, Massachusettensis himself, could not have signed it if there had, consistent with their known declared opinions. They associate to stand by the king's laws, and this every whig will sulAScribe. But after all, what a wretch- ed fortune has this association made in the world ! the numbers who have signed it, would appear so inconsiderable, that 1 dare say the Brigadier will never publish to the world their numbers or names. But " has not Great Britain been a nursing mother to us ?" Yes, and we have behaved as nurse children commonly do. '<1BiM 'f'-'^HM Wi iWl i -CRti ''■^mM \M y ' irJl : ni ■■'■JtJ >■> SJ / r I" '' n';':'' i:V.ii •1:11 7 34 been rery fond of hnr, ami rewarded her uU uloog Ion Ibid for uH her cure nnd expense in our nurture. But ^^ is not our distraction owing to parliament's taking off a shilling duty on toa and imposing three pence, and is not this a more unaccountable pbr^'nity, more disgraceful to the annals of America, than the witchcraft?" Is the three pence upon tea our only grievance ? Are vrb not in this province deprived of the priviledge of paying our governor', judges, &c ? Are not trials by jury taken from us ? Are we nut sent lu England for trial 1 Is not a military government put over us ? Is not our constitution demolished to the founda- tion ? Have not the ministry shewn by the Quebec bill, that we have uo security against them for our religion any more than our property, if wc once submit to the unlimited claims of parliament? This is so gross an attempt to impose on the moat ignorant of the people, that it is a shame to answer it. Obsla principiis — Nip the shoots of arbitrary power in the bud, is the only maxim which can ever preserve the liberties of any people. When the people give way, their deceivers, betrayers and destroyers press upon them so fast that there is no resisting afterwards. The nature of the encroachment upon American constitution is such, as to grow every day more and more encroaching. Like a cancer, it eats faster and faster every hour. The revenue creates pensioners and the pensioners urge for more revenue. The people grow less steady, spirited and virtuous, the seekers more numerous and more corrupt, and every day increases the circles of their dependants and expect- ants, until virtue, integrity, public spirit, simplicity and frugality, become the objects of ridicule and scorn, and vanity, luxury, foppery, sellishncss, meanness, and downright venality swallow up the whole society. NOVANGLUSi n Iri 1 1 w^ ADDRESSED 7 b the Inhabitants of the Colony of Massachusetts Bay^ February 13, 1775. .i BIY rniENDS, MAS8ACHUSETTENSIS, whore pen can wheedle with (he tonge of king Richard the third, in his first paper, threatens you with the vengeance of Great Britain, and assures you that if she had no authority over you, yet she would support her claims by her ileets and armies, Canadians and Indians. In his next he alters his tone, and soothes you with the generosity, jus- tice and humanity of the nation. k,^ 35 I ahall leave him to show how a nation can claim an authority which they have not by ri^ht, and aupport it by 6re and sword, nnd yet be g.:nerous and just. The nation I believe is not vin^ dictive, but the minister has discovered himself to be so, in a de- gree that would disgrace a warrior of a savage tribe. The wily Massac husettensis thinks our present calamity is to be attributed to the bad policy of a popular party, whose mea* sures, whatever their intentions were, have been opposite to their profession, the public good. The present calamity seems to be nothing more nor less, than reviving the plans of Mr. Ber- nard and the junto, and Mr.Grenville and his tVicnds in 1704. Surely this party, are and have been rather unpopular. The popular party did not write Bernard's letters, who 8o long ago pressed for the demolition of all the charters upon th<; continent, and a par* liamentary taxation to support government, and the administra- tion of justice in America. The popular party did not write Oliver's letters, who enforces Bernard's plans, nor Hutchinson's, who pleads with all his elo- quence and pathos fof parliamentary penalties, ministerial ven- geance and an abridgement of English liberties. There is not in human nature a more wonderful phenomenon ; nor in the whole theory of it, a more intricate speculation ; than the shiftings^ turnings^ "windingt and evasions of a guilty conscience. Such is our unalterable moral constitution, that an internal incli- nation to do wrong, is criminal ; and a wicked thought, stains the mind with guilt, and makes it tingle with pain. Hence it comes to pass that the guilty mind, can never bear to think that its guilt is known to God or man, no, nor to itself. -Cur tamen hos tu Evasiase putet, quos diri conscia facti Mens Aabet attonitos, et surdo verbere caedit Occultum qiiatiente animo tortore flagelluni ? Pacna autem veheniens ac uiulto saivior illi% Quos et caeditius gravis invenit aut Rhadamunthus, Nocte dieque tuum gestare in pectorc testem. Jdv. Sat. 13. 192. Massachusettensis and his friends the tories, are startled at the calamities they have brought upon their country, and their con- scious guilt, their smarting, wounded mind, will not suffer them to confess, even to themselves, what they have done. Their silly denials of their own share in it before a people, who they know have abundant evidence against them, never fail to remind me of an ancient fugitive^ whose conscience could not bear the re- collection of what he had done. " I know not, am I my brother's keeper ?" He replies, with all the apparent simplicity of truth and innocence, to one from whom he was very sensible his g.uilt could not be hid. The still more absurd and ridiculous attempts of the tories, to throw off the blame of these calamities from themselves to the whigs, remind aae of another ttory, which I 'S >:;i m 'PMf I' ,X' I'* r' t ii '■I, '"'il li'!: ii.V' I' ' *' !:(. ^"1 t!'' i I J 3> have read in the Old Testament. When Joseph's brethren had sold him to the Ishmaelites for twenty pieces of silver, in order to conceal their own avarice, malice and envy, they dip the coat of many colours in the blood of a kid, and say that an evil beast had rent him in pieces and devoured him. However, what the sons of Israel intended for ruin to Joseph, proved the salvation of the family ; and I hope and believe that the whigs, will have the magnanimity, like him, to suppress their resentment, and the felicity of saving their ungrateful brothers. This writer has a faculty of insinuating errors into the mind, almost imperceptibly, he dresses them so in the guise of truth. He says " that the revenue to the crown, from America amount- ed to but little more than the charges of collecting it," at the close of the last war. I believe it did not to so much. The truth is, there was never any pretence of raising a revenue in America before that time, and when the claim was first set up, it gave an alarm, like a warlike expedition against us. True it is that some duties had been laid before by parliament, under pre- tence of regulating our trade, and by a collusion and combination between the West India planters, and the North American gover- nors, some years before, duties had been laid upon molasses, &c. under the same pretence, but in reality merely to advance the value of the estates of the planters in the West India Islands, and to put some plunder, under the name of thirds of seisures into the pockets of the governors. But these duties, though more had been collected in this province, than in any other in propor- tion, were never regularlj' collected in any of the Colonies. So that the idea of an American revenue for one puspose or another had never, at this time, been formed in American minds. Our writer goes on, "She, (Great Britain,) thought it as reason- able that the Colonies should bear a part of the national burdens, as that they should share in the national benefit." Upon this subject Americans have a great deal to say. The na- tional debt before the last war, was near an hundred millions. Surely America had no share in running into that debt. What is the reason then that she should pay it ? But a small part of of the sixty millions spent in the last war, was for her benefit. Did she not bear her full share of the burden of the last war in America? Pid not the province pay twelve shillings in the pound in taxes for the support of it ; and send a sixth or seventh part of her sons into actual service ? And at the conclusion of tlie war, was she not left half a million sterling in debt ? Did not all the rest of New England exert itself in proportion? What is the reason that the Massachusetts has paid its debt, and the British minister in thirteen years of peace has paid none of his ? Much of it might have been paid in this time, had not such ex> travagance and speculation prevailed, as ought to be an eternal warning to America, never to trust such a minister with her money. What is the reason that the great and necessary virtues 37 ••"'■'a of simplicity, frugality and economy cannot lire in England, Scotland and Ireland, as well as America ? We have much more to say still. Great Britain has confined all 0ur trade to herself. We are willing she should, as far as it can be for the good of the empire. But we say that we ought to be allowed as credit, in the account of public burdens and ex- penses, so much paid in taxes, as we are obliged to sell our com- modities to her cheaper than we could get for them at foreign markets. The difference is really a tax upon us, for the good of the empire. We are obliged to take from Great Brit- ain commodities, that we could purchase cheaper else- where. This difference is a tax upon us for the good of the empire. We submit to this cheerfully, but insist that we ought to have credit for it, in the account of the expenses of the empire, because it is really a tax upon us. Another thing. I will venture a bold assertion. Let Massachusettensis, or any other friend of the minister, confute me. The three million Americans, by the tax aforesaid, upon what they are obliged to export to Great Britain only, what they are obliged to import from Great Britain only, and the quantities of British manufactures which in these climates they are obliged to consume, more than the like number of people in any part of the three kingdoms, ulti- mately pay more of the taxes and duties that are apparently paid in Great Britain, than any three million subjects in the three kingdoms. AJl this may be computed and reduced to stubborn figures, by the minister, if he pleases. We cannot do it. We have not the accounts, records, Sac. Now let this account be fairly stated, and 1 will engage for America, upon any penalty, that she will pay the overplus, if any, in her own constitutional way, provided it is to be applied for national purposes, as paying off the national debt, maintaining the fleet, &c. not to the sup- port of a standing army in time of perce, placemen, pensioners.&c. Besides, every farthing of expense which has been incurred on pretence of protecting, defending and securing America, since the last war, has been worse than thrown away ; it has been ap- plied to do mischief. Keeping an army in America has been nothing but a public nuisance. Furthermore, we see that all the public money that is raised here, and have reason to believe all that will or can be raised, will be applied not for public purposes, national or provincial, but merely to corrupt the sons of America, and create a faction to destroy its interest and happiness. There are scarcely three sentences together, in all the volumi- nous productions of this plausible writer, which do not convey some error in fact or principle, tinged with a colouring to make it pass for truth. He says, ''the idea, that the stamps were a tax, not only exceeding our proportion* but beyond our utmost ability to pay, united the Colonies generally in opposing it." That we thought it beyond our proportion and ability is true, but v.;-*?! ■■If .'^.' aL ili I i ';■:! ;-"*.< I •A if: I !|: ft'"''' [I'; '. i 33 it Tvas not this thonght whichunited the Colonies in opposing it. "When he says that at first, we did not dream of denying the au- thority of parliament to tax us, much less to legislate for us, he discovers plainly either a total inattention to the sentiments of America at that time, or a disregard of what he affirms. The truth is, the authority of parliament was never generally acknowledged in America, More than a century since, Mas- sachusetts and Virginia, both protested against even the act of navigation and refused obedience, for this very reason, because they were not represented in parliament and were therefore not bound ; and afterw ards confirmed it by their own provincial au- thority. And fi om that time to this, the general sense of the Colonies has been, that the authority of parliament was confined to the regulation of trade, and did not extend to taxation or in- ternal legislation. In the year 1764, your house of representatives sent home a petition to the king,* against the plan of taxing them. Mr. Hutchinson, Oliver and their relations and connections were then in the legislature, and had great influence there. It was by their influence that the two houses %vere induced to ^ave th* word rights, and an express denial of the right of parliament to tax us, to the great grief and distress of the friends of liber- ty in both houses. Mr. Otis and Mr. Thatcher laboured in the committee to obtain an express denial. Mr. Hutchinson ex- pressly said he agreed with them in opinion, that parlia- ment had no right, but thought it ill policy to express this opinion in the petition. In truth, I will be bold to say, there was not any member of either house, who thought that par- liament had such a right at that time. The house of represen- tatives, at that time, gave their approbation to Mr. Otis's rights of the Colonies, in which it was shewn to be inconsistent with the right of British subjects to be taxed, but by their own repre- sentatives. In 1765, our house expressly resolved against the right of par- liament to tax us. The congress at New York resolved S. " That it is inseparably essential to the freedom of a people, and the undoubted right of Englishmen, that ud tax be im- posed on them, but with their own consent given personally, or by their representatives. 4. That the people of the Colonies are not, and from their local circumstances cannot be represented in the house of commons of Great Britain. 5. That the only re- presentatives of the ')eople of the Colonies, are the persons chosen therein by themselves ; and that no taxes ever have been or can bo constitutionally imposed on them, but by their respec- tive legislatures." Is it not a striking disregard to truth in the artful Massachusettensis to say, that at first we did not dream of denying the right of parliament to tax us ? It was the principle that united the Colonies to oppose it, not the quantum of the tax. Bid not Dr. Franklin deny tie right in 1^54, in his remarks upon governor Shirley^s scheme, and supposed that al! America would deny it ? We had considered ourselves as connected with Great Britain, but we never thought parliament the supreme legislature over us. We never generally supposed it to havt* any authority over us, but from necessity, and that necessity we thought confined to the regulation of trade, and to such matters as concerned all the colonies together. We never allowed them any authority in our internal concerns. This writer says, acts of parliament for regulating our inter> nal polity were familiar. This I deny. So far otherwise, that the hatter's act was never regarded ; the act to des- troy the Land Bank Scheme raised a greater ferment in this province, than the stamp-act did, which was appeased only b-r passing province laws directly in opposition to it. The act against sUtting mills, and tilt hammers, never was executed here. As to the postage, it was so useful a regulation, so few persons paid it, anu they found such a benefit by it, that little opposition was made to it. Yet every man who thought about it called it an usurpation. Du- ties for regulating trade we paid, because we thought it just and necessary that they should regulate the trade which their power protected. As for duties for a revenue, none were ever laid by parliament for that purpose until 1764, when, and ever since, its authority to do it has been constantly denied. Nor is this complaisant writer near the truth, when he says, " We know that in all those acts of government, the good ot the whole had been consulted." On the contrary, we know that the private in- terest of provincial governors and West India planters, had been consulted in the duties on foreign molasses, &c. and the private interest of a few Portugal merchants, in obliging us to touch at Falmouth with fruit, &c. in opposition to the good of the whole, and in many other instances. The resolves of the house of Burgesses of Virginia, upon the stamp act, did great honor to that province, and to the eminent patriot Patrick Henry, Esq. who composed them. But these re- solves made no alteration in the opinion of the Colonies, con- cerning the right of parliament to make that act. They expres- sed the universal opinion of the continent at that time, and the alacrity with which every other Colony, and the congress at New York, adopted the same sentiment in similar resolves, proves the entire union of the Colonies in it, and their universal determination to avow and support it. What follows here, that it became so popular that his life was in danger, who suggested the contrary, and tliat the press was open to one side only, are direct misrepresent.itions and wicked calumnies. Then we are told, by this sincere writer, tliat when we ob- tained a partial repeal of the si itute imposing duties on glass, pa- per, and teas, this was the lucky mou-jnt, when to have clostMl the dispute. What ? With a Board of commissioners remaining 1 "■ f fig 40 ■'■,"]■ ■r.'ii- ■■■■y ,,■ ). ill '< m • Iji; H if M I ' II. t lillj; ■■ I the sole eni! of whose creation was to for-m and conduct a /ere* nue — with an act of parliament remaining, the professed design of which expressed in the preamble, was to raise a revenue, and ap- propriate it to the payment of governors' and judges' salaries, the duty remainin,'if too upon an article^ which must raise a large sum, the consumption of which would constantly increase ? Was this a time to retreat ? Let me ask this sincere writer a simple question. Docs he seriously believe that the designs of impos- ing other taxes, and of new modelling out* governments, would have been laid aside, by the ministry or by the servants of the crown here ? Does he think that Mr. Bernard, Mr. Hutchinson, the commissioners and others, would have been content then to have desisted? If he really thinks so, he knows ittle of the hu- man heart, and still less of those gentlemen's hearts. It was at this very time that the salary was given to the governor, and an order solici(ing for that to the judges. Then we are entertained with a great deal of ingenious talk about whigs and tories, and at last are told that some of the vvhigs owed all their importance to popularity. And what then ? Did not as many of the tories owe their importance to popularity ? — And did not many more owe all their importance to unpopulari- ty ? If it had not been for their taking an active part on the «i(le of the ministry, would not some of the most conspicuous and eminent of them have been unimportant enough ? Indeed, through the two last administrations to despise and hate the peo- ple, and to be despised and hated by ihem were the principal re- ommendations to the favours of government, and all the qualiti- ojition that was required. The tories, says he, were for closing the controversy. That is, they were for contending no more, and it was equally true that they never were for contending at all, but lying at mercy. It was the very end they had aimed at from the beginning. They had now got the governor's salary out of the revenue — a number of pensions and places, and they knew they could at any time get the judges' salaries from the same fountain, and they Avanted to get the people reconciled and familiarised to this, be- fore they went upon any new projects. The whigs were averse to restoring government, they even refused to revive a temporary riot act, which expired about this time. Government had as much vigour then as ever, excepting only ill those cases which affected this dispute. The riot act ex- pired in 1770, immediately after the massacre in King Street, it was not revived and never will be in this Colony, nor will any one ever be made in any other, while a standing army is illegally posted here, to butcher the people, whenever a governor, or a magistrate, who may be a tool, shall order it. "Perhaps the whigs thought that mobs were a necessary ingredient in their system of opposition." Whether they did or no, it is certain that mobs have been thought a necessary ingredient by the tories in their system of admiiiislration, mobs of the vvorst sort with red coats, I': 'V j''~ 41 fuzees and bayonets, and the lives and limbs of the whigs have been in greater danger from these, than ever the tories were from others. " The scheme of the whigs flattered the people with the idea of independence ; the tcries' plan supposed a degree of subordina- tion." This is artful enough^ as usual, not to say Jesuitical. The word independence is one of those, which this writer uses, as he does treason and rebellion, to impose upon the undistinguishing on both sides of the Atlantic. But let us take him to pieces. What does he mean by independence ? Does he mean independent of the crown of Great Britain, and an independent republic in America, or a confederation of independent republics ? No doubt he intended the undistinguishing should understand him so. If he did ; nothing can be more wicked, or a greater slander on thd whigs ; because he knows there is not a man in the province, among the whigs, nor ever was, who harbours a wish of that sort. Does he mean that the people were flattered with the idea of to- tal independence on parliament ? If he does, this is equally mali- cious and injurious ; because he knows that the equity and neces- sity of parliament's regulating trade has always been acknowl- edged, our determination to consent and submit tc such regula- tions constantly expressed, and all the acts of trade in fact, to this very day, much more submitted to and strictly executed in this province, than any other in America. There is equal ambiguity in the words *' degree of subordi- nation." The whigs acknowledge a subordination to the king, in as strict and strong a sense as the tories. The whigs acknow- ledge a voluntary subordination to parliament, as far as the regu- lation of trade. What degree of subordination then do the tories acknowledge ? An absolute dependance upon parliament as their supreme legislative, in all cases whsitever, in their internal poli- ty as well as taxation ? This would be too gross and would lose him all his readers ; for there is nobody here who will expose his understanding so much, as explicitly to adopt such a sentiment. Yet it is such an absolute dependance and submission, that these writers would persuade us to, or else there is no need of changing our sentiments and conduct. Why will not these gen- tlemen speak out, shew us plainly their opinion that the new gov- ernment, they have fabricated for this pro\'ice, is better than the old, and that all the other measures, we complain of, are for our and the public good, and exhort us directly to submit to them ? The reason is, because they know they should lose their readers. " The whigs were sensible that tlu;re was no oppression that eould be seen or felt." The tories have so often said and wrote this to one another, that I sometimes suspect they believe it to be true. But it is quite otherwise. The castle of the province was taken out of their hand and garrisoned by roi-ulir soldiers: this they could see, and they thought it indicated an hostile int'^r.tion and disposition towards them. They continuallv paid their money 6 ^■si i Jf: w M • :;i' m m m j'l 5 ill li:'' '■■']■ B i I; 1 ^1 42 fo collectors of duties : this they couW both see and feel. Aii host of placemen, whose whole business it was to collect a reve- nue, were continually rolling before them in their chariots. These they saw. Their governor »^as no longer paid by them- selves, according to their charter, but out of the new revenue, in order to render their assemblies useles.s and indeed cotempti- bio. The judges' salaries were threatened every day to be paid in the same unconstitutional manner. The dullest eye-sight could not but sec to what all this tended, viz. ; to prepare the way for greater innovations and oppressions. They knew a minister would never spend his money in this way, if he had not some end to answer by it. Another thing they both saw and felt. Every man, of every cliaracter, who by Voting, writing, speaking, or otherwise, had favoured the stamp act, the tea act, and every other measure of a minister or governor, who they knew was aim- ing at tl»c destruction of their form of government, and introducing parliamentary taxation, was uniformly, in some department or other, promoted to some place of honour or profit for ten years together : and, on the other hand, every man who favoured the people in their opposition to those innovations, was depressed, degraded and persecuted, as far as it wo.s in the power of the gov- ernment to do it. This they considered as a systematical means of encouraging every man of abilities to espouse the cause of parliamentary tax- ation, and the plan of destroying their charter privilege, find to discourage all from exerting themselves, in opposition to them. This they thought a plan to enslave them, for they uniformly think that the destruction of their charter, making the council and judges wholly dependant on the crown, and the people sub- ject to the unlimited power of parliament, as their supreme legis- lative, is slavery. They were certainly rightly told, then, that the ministry and their governors together had formed a design to enslave them ; and that when once this was done, they had the highest reason to expect window taxes, hearth taxes, land taxes and all others : and that these were only paving the way for reducing the country to lordships. Were the people mistaken in these suspicions ? Is it not now certain that governor Bernard in 1764, had formed a design of this sort ? Read his principles of polity — And that lieutenant governor Oliver as late as 1768 or 9, inforced the same plan ? Read his letters. Now if Maseachusettensis will be ingenuous, avow this design, 8hew the people its utility, and that it ought to be done by par- liament, he will act the part of an honest man. But to insinuate that there was no such pljxn, when he knows there was, is acting the part of one of the junto. It is true that the people of this country in general, and of this province in special, have an hereditary apprehension of and aversion to lordships, temporal and spiritual. Their ancestors fled to this wilderness to avoid them— they suffered sufficiently 43 '"'M ':i^: under them in England. And there are few of the present gen- eration, who have not been warned of the danger of them by their fathers or grandfathers, and injoined to oppose them. And neith- er Bernard nor Oliver ever dared to avow, before them, the de- signs which they had certainly formed to introduce them. Nor does Massachusettensis dare to avow his opinion in their favour. I do not mean that such avowal would expose their persons to danger, but their characters and writings to universal contempt. When you were told that the people of England were deprav- ed, the parliament venal, and the ministry corrupt, were you not told most melancholy truths ? Will Massachusettensis deny any of them? Does not every man, who comes from England, whig or tory, tell you the same thing ? Do they make any secret of it, or use any delicacy about it ? Do they not most of them avow that cor- ruption is so established there, as to be incurable, and a necessa- ry instrument of government ? Is not the British constitution ar- rived nearly to that point, where the Roman republic was, when Jugurtha left it, and pronounced it a venal city ripe for destruction, if it can only lind a purchaser ? If Massachusettensis can prove that it is not, he will remove from my mind, one of the heaviest loads which lies upon it. Who has censured the tories for remissness, I know not. Who- ever it was, he did them great injustice. Every one that I know of that character has been through the whole tempestuous period, as indefatigable as human nature will admit, going about seeking whom he might devour, making u?e of art, flattery, terror, temp- tation and allurements in every shape, in which human wit could dress it up, in public and private. But all to no purpose. The people have grown more and more weary of them every day, until now the land mourns under them. Massachusettensis is then seized with a violent fit of anger at the clergy. It is curious to observe the conduct of the tories towards this sacred body. If a clergyman preaches against the principles of the revolution, and tells the people that upon pain of damnation, they must submit to an established government, of whatever character the tories cry him up, as an excellent man, and a wonderful preacher, invite him to their tables, procure him missions from the society, and chaplainships to the navy, and flat- ter him with the hopes of lawn sleeves. But if a clergyman preaches Christianity, and tells the magistrates that they were not distinguished from their brethren, for their private emolument, but for the good of the people ; that the people are bound in con- science to obey a good government, but are not bound to submit to one, that aims at destroying all the ends of government — Oh Sedition ! Treason ! The clergy in all iiges and countries, and in this in particular, are disposed enough to be on the side of government, as long as it is tolerable. If they have not been generally, in the late ad- ministrations, on that side, it is a demonstration that the late ad- ministration has been universally odious. tui k-^ r ! V \-i 'm. I •m ■: 11 :1 1 1 m h /III iE^ t 44 The clergy of this province are a virtuous, sensible and learn- ed set of men ; and they do not take their sermons from newspapers, hut the bible ; unless it be a few, who preach passive obedience. These are not generally curious enough to read Hobbs. It is the duty of the clergy to accommodate their discourses to the times, to preach against such sins, as are most prevalent, and recommend such virtues, as are most wanted. For example ; if exorbitant ambition, and venality acp predominant, ought they not to warn their hearers against tlifir vices ? If public spirit is much wanted, should they not incuTcate this great virtue ? If the rights and duties of christian magistrates and subjects are dis- puted, should they not explain them, shew their nature, ends, limitations and restrictions, how much soever it may move the gall of Massachusettensis ? Let me put a supposition : — Justice is a great christian, as well as moral duty and virtue, which the clergy ought to inculcate and explain. Suppose a great man of a parish should for seven years together receive 600 sterling a year, for discharging the duties oi an important office ; but during the whole time, should never do one act or take one step about it. Would not this be great injustice to the public ? And ought not the parson of that parish to cry aloud and spare not, and shew such a bold trans- gressor his sin ? shew that Justice was due to the public as well as to an individual ? and that cheating the public of four thousand two hundred pounds sterling, is at least as great a sin, as taking a chicken from a private hen roost, or perhaps a watch from a fob ? Then we are told that newspapers and preachers have excit- ed outrages disgraceful to humanity. Upon this subject I will venture to say, that there have been outrages in this province, which I neither justify, excuse or extenuate ; but these were not excited, that 1 know of, by newspapers or sermons : that how- ever, if we run through the last ten years, and consider all the tumults and outrages that have happened, and at the same time recollect the insults, provocations and oppressions which this people have endured ; we shall find the two characteristics of this people, religion and humanity, 'strongly marked on all their proceedings. Not a life, nor, that I have ever heard, a single limb has been lost through the whole. 1 willtake upon me to say, there is aot another province on this continent, nor in his majes- ty's dominions, where the people, under the same indignities, would not have gone greater lengths. Consider the tumults in the three kingdoms, consider the tumults in ancient Rome, in the most virtuous of her periods, and compare them with ours. It is a saying of Machiavel, which no wise man ever contradicted, which has been literally verilied in this province ; that " while this mass of the people is not corrupted, tumults do no hurt." By which he means, that they leave no lasting ill eflects behind. But let us consider the outrages committed by the tories. Half a dozen men shot dead in an instant,, in King Street, frequent re- 45 f vistance and affronts to civil officers and magistrates, officert*, watchmen, citizens, cut and mangle in a most inhuman manner. Not to mention the shootings for desertion, and the frequent cru- el whippings for other faults, cutting and mangling men's bo- dies before the eyes of citizens ; spectacles which ought never to be introduced into populous places. The worst sort of tu- mults and outrages, ever committed in this province, were excit- ed by the tories. But more of this hereafter. We are then told that the whigs erected a provincial dcmocr racy, or republic, in the province. 1 wish Massachusettensis knew what a democracy, or republic is. But this subject must be considered another time. NOVANGLUS. Messieurs Printen. Instead of Cateings of Cormoranti, in a former paper, you hav^ priuted Cooings^ too dove-like a word for the birds intended. ADDRESSED To the Inhabitants of the Colony of Massachusetts Bay, February 20, 1775. MY FRIENDS, WE are at length arrived at the paper, on which I made a few strictures, some weeks ago : these I shall not irepeat, but proceed to consider the other part of it. We are told, " It is an universal truth, that he that would ex- cite a rebellion, is at heart, as great a tyrant, as ever wielded the iron rod of oppression." Be it so. We are not exciting a rebel- lion. Opposition, nay open, avowed resistance by arms, against usurpation and lawless violence, is not rebellion by the law of God, or the land. Resistance to lawful authority makes re- bellion. Hampden, Russell, Sydney, Somers, Holt, Tillotson, Burnet, Hoadly, &c. were no tyrants nor rebels, although some of them were in arms, and the others undoubtedly excited resist- ance, against the to.^ies. Do not beg the question, Mr. Massa- chusettensis, and then give yourself airs of triumph. Remem- ber the frank Veteran acknowledges, that "• the word rebel is a convertible term." This writer next attempts to trace the spirit of opposition through the general court, and the courts of common law. " It was the policy of the whigs, to have their questions, upon high matters, determined by yea and nay votes, which were published ■'■r m m r'.ia 46 l';il 'i w t ■ 1 y": 111!' ■i> I'l;; ' •in the ^azcttcs." And ought not grefrt quMtions to be so deter- mined ? lu many other assemblies, New York particularly, they aluays are. What better can be devised to discover thp true senstf of the people ? It is extremely provokinnf to courtiers, that thoy cannot vote, as the cabinet direct them, against their con- sciences, the known sense of their constituents, and the obvious good of the community, without being detected. Gei.erally, per- haps universally, no unpopular measure in a free government, particularly the English, ought ever to pass. Why have the people a share in the legislature, but to prevent such measure* from passing, I mean such as are disapproved by the people at large ? Kut did not these yea and nay votes expose the whigs, as well as toriep, to the impartial judgment of the public? If the votes of the former ivcre given for measures injurious to the com- munity, had not the latter an equal opportunity of improving them to the disadvantage of their adversaries in the next election? Be- sides, were not those few persons in the house, who generally voted for unpopular measures, near the governor, in possession of his confidence ? Had they not the absolute disposal in their towns and counties of the favour of government ? Were not all the judges, justices, sheriffs, coroners and military officers in their towns, made upon their recommendation ? Did not this give them a prodigious weight and influence ? Had the whigs any such advantage ? And does not the influence of these yea and nay votes, consequently prove to a demonstration, the unanimity of the people, against the measures of the court? As to what is said of " severe strictures, illiberal invectives, abuse and scurrility, upon the dissentients," there was quite as much of all these published against the leading whigs. In truth, the strictures, &:c. against the tories were generally nothing more, than hints at ' the particular place or office, which was known to be the temptation to vote against the country. That " the dissentient was in danger of losing his bread and involving his family in ruin," is equally injurious. Not an instance can be produced of a nioniber losing his bread, or injuring his business, by voting for unpopular measures. On the contrary such voters never failed to obtain some lucrative employment, title, or honor- ary office, as a reward from the court. If "one set of members in committee had always prepared the resolves'," &:.c. which they did not ; what would this prove, but that this set was thought by the house the fittest for the pur- pose ? Can it ever be otherwise ? Will any popular assembly choose its worst members for the best services? Will an assem- bly of patriots choose courtiers to prepare votes against the courtP No resolves against tlie claims of parliament or administration, or the measures of the governor, (excepting those against the stamp act, and perhaps the answers to governor Hutchinson's speeches upon the supremacy of parliament) ever passed through fill} house, without meeting an obstacle. The governor had to ml » i ■ ^ the last hour of the house^s existence, always some seekers iitui expectants in the house, who never failed to oppose, and oWcr the best arguments they cotild ; and were always patiently heard . that the lips of the dissentients were sealed up ; that they sat iu silence, and beh'?ld with regret, measures they dared not op- pose, are groundless suggestions and gross rellections upon th>> honour and courage of those members. The debates of thi;: houpe were public, and every man, who has attended the gallerv, knows there never was more freedom of debate in any assembly. Mjissachusettensis, in the next place, conducts us to the agent, and tell us " there can not be a provincial agent without an ap- pointment by the three branches of the assembly. The wh\^!> soon found that they could not have such services rendered them, from a provincial agent as would answer their purposes." The treatment this province has received, respecting the agen- cy, since Mr. Hutchinson's administration commenced, is a flagrant, example of injustice. There is no law, which requires the province to maintain any agent in England ; much less is there any reason, which necessarily requires, that the three branched should join in the appointment. In ordinary times, indeed, when a harmony prevails among the branches, it is well enough to have an ag^nt constituted by all. But in times when the foundations of the constitution are disputed, and certainly attacked by one branch or the other, to pretend that the house ought to join the governor in the choice, is a palpable absurdity. It is equiv- alent to saying that the people shall have no agent at all ; that all communication shall be cut off; and that there shall be no channel, through which complaints and petitions may be convey- ed to the royal ear; because a governor will not concur iu an agent whose sentiments are not like his ; nor will an agent of the governoi's appointment be likely to urge accusations against them, with any diligence or zeal, if the people have occasion to complain against him. Every private citizen, much more, every representative body, has an undoubted right to petition the king, to convey such petition by an agent, and to pay him for his service. I\ir. l>or- nard, to do him justice, had so much regard to these principles, as to consent to the payment of the people's agents, while h'^. staid. But Mr. Hutchinson was scarcely seated in the chair, a,« lieutenant governor, before we had intelligence from Kngland, that my lord Hillsborough toll Dr. Franklin, he had received a letter from governor Hutchin6()n against consenting to the salary of the agent. Such an instruction was accordingly soon sont, and no agent for the board or house, has received a farthing for services, since that time, though Dr. Franklin and Mr. Bollan have taken much pains, and one of them expended considerable sums of money. There is a meanness in this play that would disgrace a gambler ; a manifest fear that the truth should be known to the sovereign or the people. Many persons hare i^-t^ "■' -u V I. ^ ■ . - t ; I iif It.. > ' 1!' N t Ml ■Iff 48 thought that the province ought to have dismissed all agents from that time, as useless and nugatory ; this behaviour amount- ing to n declaration, that we had no chance or hopes of justice from a minister. But this province, at least as meritorious as any, has been long accustomed to indignities and injustice, and to bear both with un- paralleled patience. Others, have pursued the same method be- fore and since ; but we have never heard that their .igcnts are un- paid. They would scarcely have borne it with so much resignation. It is great assurance to blame the house for this, which was both their right and duty ; but a stain in the character of his patron, which will not be soon worn out. Indeed this passage seems to have been brought in, chiefly for the sake of a stroke or two, addressed to the lowest and meanest of the people ; I mean the insinuation that the two agents doubled the expence, which is as groundless as it is contracted ; and that the ostensible agent for the province was only agent for a few individuals, that had got the art of wielding the house ; and that several hundred ster- ling a year, for attending levees and writing letters, were worth preserving. We, my friends, know that no members have the art of wielding us or our house, but by concurring in our princi- ples, and assisting us in our designs. Numbers in both houses have turned about and expected to wield us round with them ; but they have been disappointed, and ever will be. Such apos- tates have never yet failed of our utter contempt, whatever titles, places or pensions they might obtain. The agent has never echoed back, or transmitted to America, any sentiments, which he did not give in substance to governor Shirley, twenty years ago ; and therefore this insinuation is but another slander. The remainder of what is said of the agency is levelled at Dr. Franklin, and is but a dull appendix to Wedder- burn's ribaldry, having all his malice without any of his wit or spirit. Nero murdered Seneca, that he might pull up virtue by the roots ; and the same maxim governs the scribblers and speech- itiers, on the side of the minister. It is sufficient to discover that any man has abilities and integrity, a love of virtue and liberty ; he must be run down at all events. Witness Pitt and Franklin and too many others. My design in pursuing this malicious slanderer, concealed as he is, under so soft and oily an appearance, through all the doublings of his tedious course, is to vindicate this Colony from his base as- persions ; that strangers now among us and the impartial public may see the wicked arts, which are still employed against us. After the vilest abuse upon the agent of the province and the house, that appointed him, we are brought to his jnajesty's coun- cil, and are told that the " whigs reminded them cf their mortal- ity — If any one opposed the violent measures, he lost his election next May. }Ialf the whole number, mostly men of the first fami- lies, note, abilities, attached to their native country, wealthy and 49 independent, were tunil>U;d from their seats in disiyrnce. Thus the hoard Inst itH woiu'ht,aiid the jto'itirrti l>al:irice was destroyed." It is iinpossihle Tor any man ac(juainted with this subject to read this zealous rant, without Hniiluig', until he attends to the wicked- ness of it, which will provoke hii* utmost iiulignation. Let uf however consider it sohorly. From tlie date of our churtt:r, to tlio time of the stamp act, and indeeil since that time (notwitlistHnd...fi the misrepresentations of our charter constitution, as too pojudar and rf[)ublican) the council of this province have been t^onerally on the side of the governor and the preroofative. For the truth of this, 1 appeal to our whole history and cx|)erience. The art r.nd power of governors, and especially the negative, have been a stronger motive on the oiu5 haiul, than th(! annual election of the two liouses on the other. In disputes between the governor and the liouse, the council have generally adhered to the former, and in many cases have complied with his humour, when scarcely any council by niandamus, upon this continent, would have done it. But in the time of the stamp act, it was found productive of many mischiefs and dangers, to have officers of the crown, who were dependant on the ministry, and judges of the superior court, whose offices were thought incompatible with a voice in the le- gislature, members of council. In May 1765, Lt. .ov. Hutchinson, Sec. Oliver, and Mr. Bel- cher were officers of the crown, the judges of the superior court, and some other gentlemen, who held commissions under the gov- ernor, were members of council. Mr. Hutchinson was chief jus- tice and a judge of probate for the first county, as well as lieu- tenant governor, and a counsellor ; too many offices for the great- est and best man in the world to hold, too much business for any man to do ; besides, that these offices were frequently clashing and interfering with each other. Two other justices of the supe- rior court were counsellors, and nearly and closely connected with him by family alliances. One other justice was judge of admi- ralty during pleasure. Such a jumble of offices never got to- gether before in any English government. It was found in short, that the famous triumvirate, Bernard, Hutchinson and Oliver, the ever memorable, secret, contidential letter writers, whom 1 call the junto, had by degrees, and before the people wcr« aware of it, erected a tyranny in the province. Bernard had all the executive, and a negative on the legislative ; Hutchinson and Oliver, by their popular arts and secret intrigues, had elevated to the board, such a collection of crown office rb, and their own relations, as to have too much intlnence thcie ; and they had three of a family on the superior bench, which is the supreme tribunal in all causes civil and criminal, vested with all the powers of the king's bench, common pleas and exchequer, which gave them power over every act of this court. Tliis junto there- fore had the legislative and executive in their controul. anj 7 '■C I 1 'i >M .« ■* >,•;■: m 50 ^ 'I' ■ ^ 'I :i;i( ('.■ more natural influence over the judicial, thuu is ever to be trustee! to any set of men in tlie world. The public accordingly found all these sprinsjs and wheels in the constitution set in mo- tion to promote submission to the stamp act, and to discounte- nance resistance to it ; and they thought they had a violent pre- sumption, that they would forever be employed to encourage a compliance with all ministerial measures and parliamentary claims, of whatever character they mi^ht be. The designs of the junto, however, were concealed as care- fully as possible. Most persons were jealous ; few were certain. When the assembly met in May, 1766, after the stamp act was repeaiiid, the whigs tlattered themselves with hopes of peace and liberty for the future. Mv. Otis, whose abilities and integrity, whose great exertions, and most exemplary sacritices of his pri- vate interest to the public service, had entitled him to all the promotion, which the people could bestow, was chosen speaker of the house. Bernard negatived the choice. It can scarcely be conceived by a stranger, what an alarm this manoeuvre gave to the public. It was thought equivalent to a declaration, that although the people had been so successful as to obtain a repeal of the stamp act, yet they must not hope to be quiet long, for parliament, by the declaratory act, had asserted its supreme au- thority, and new taxations and regulations should be made, if the junto could obtain them : and every man who should dare to op- pose such projects, let his powers, or virtues, his family or for- tune be what they would, should be surely cut off from all hopes of advancement. The electors thought it high time to be upon their guard. All the foregoing reasons and motives prevailed with the electors ; and the crown officers and justices of the su- preme court, were left out of council in the new choice. Those who were elected in their places were all negatived by Bernard, which was considered as a fresh proof, that the junto still perse- vered in their designs of obtaining a rerenue, to divide among themselves. The gentlemen elected anew, were of equal fortune and in- tegrity, at least, and not much inferior in abilities to those left out, and indeed, in point of fortune, family, note or abilities, the councils which have been chosen from that time to this, taken on an average, have been very little inferior, if any, to those chosen before. Let Massachusettensis descend if he will, to every particular gentlein m by name through the whole period, and I will niiike out my assertion Every impartial person will not only think these reasons a full viiMlicalion of the conduct of the two houses, but that it was their indispensaljle duty to their countr}', to act the part they did; and tlie course of time, which has developed the dark intrigues of the junto, before and since, has confirmed the rectitude and necessity of the niensure. Had Bernard's principles of polity been published and known at that time, no member of the house, \l 51 who should have voted for any of the persons then left out, if it was known to his constituents, would ever have obtained another election. By the next step we rise to the chair. " With the board, the chair fell likewise,^' he says. But what a slander is this ? Neither fell ; both remained in as much vigour as ever. The junto it is true, and some other gentlemen who were not in their secret, but however had been misled to concur in their measures, were left out of council. But the board had as much authority as ever. The board of 17C6 could not have influenced the people to ac- knowledge the supreme uncontroulable authority of parliament, nor could that of 1765, have done it. So that by the chair, and the board's falling, he means no more, if his meani ig has any truth in it, than that the junto fell ; the designs of taxing the Col- onies fell, and the schemes for destroying all the charters on the continent and for erecting lordships fell. These, it must be ac- knowleged, fell very low indeed, in the esteem of the people, and the two houses. " The governor," says our wily writer, " could do little or nothing without the council, by the charter." " If he called upon a military oilicer to raise the militia, he was answered they were there already," &c. The council, by the charter, had no- thing to do with the militia. The governor alone had all author- ity over them. The council therefore are not to blame for their conduct. If the militia refused obedience to the captain general, or his subordinate oificer, when commanded to assist in carrying into execution the stamp act, or in dispersing those who were opposing it, does not this prove the uni /ersal sense and resolu- tion of the people not to submit to it ? Did not a regular army do more to James the second ? If those, over whom the gover- nor had the most absolute authority and decisive influence, refus- ed obedience, does not this show how deeply rooted in all men's minds was the abhorrence of that unconstitutional power which was usurping over them ? " If he called upon the coun- cil for their assistance, they must first inquire into the cause." An unpardonable crime, no doubt ! But is it the duty of a mid- dle branch of legislature, to do as the first shall command them, implicitly, or to judge for themselves ? Is it the duty of a privy council, to understand the subject before they give advice, or on- ly to lend their names to any edict,in order to make it less unpop- ular ? It would be a shame to answer such observations as these, if it was not for their wickedness. Our council, all along how- ever did as much as any council could have done. Was the mandamus council at New York able to do more, to influence the people to a submission to the stamp act ? Was the chair, the board, the septennial house, with the assistance of general Gage and his troops, able to do more, in that city, than our branches did in this province ? Not one iota. Nor could Bernard, his council, and house, if they had been unanimous, have induced m t*'.i I it m ii4 \S:i <.■■•■ ■: 1 it .'>':■ .' 1^: ■, I '(? ] ' '' it" if 11 r-'v' •il 52 submission. The people would have apurned them all, for they are not to be wheedled out of their liberties by their own repre- sentatives, anymore than by strangers. "If he wrote to gov- ernment at home to strengthen his hands, some officious person procured and sent back his letters." At last it seems to be ac- knowledged, that the governor did write for a military force, to strengthen government. For what ? to enable it to enforce stamp acts, tea acts, and other internal regulations, the authority of which the people were determined never to acknowledge. But what a pity it was, that these worthy gentlemen could not be allowed, from the dearest atfection to their native coun- try, to which they had every possible attachment, to go on in profound confidential secrecy, procuring troops to cut our throats, acts of parliament to drain our purses, destroy our charters and assemblies, getting estates and dignities for themselves and their own families, and all the while most devoutly professing to be friends to our charter, enemies to parliamentary taxation, and to all pensions, without being detected ? How happy ! if they could have annihilated all our charters, and yet have been beloved, nay deified by the people, as friends and advocates for their charters ? What masterly politicians ! to have made them- selves nobles for life, and yet have been thought very sorry, that the two houses were denied the privilege of choosing the council ? How sagacious, to get large pensions for themselves, and yet be thought to mourn, that pensions and venality were introduced into the country? How sweet and pleasant! to have been the most popular men in the community, for being staunch and zealous dissenters, true blue Calvinists, and able advocates for public virtue and popular government, after they had in- troduced an American Episcopate, universal corruption among the leading men, and deprived the people of all share in their su- preme legislative council ? I mention an Episcopate, for although 1 do not know that governors Hutchinson and Oliver ever direct- ly solicited for bishops, yet they must have seen, that these would have been one effect, very soon, of establishing the un- limited authority of parliament ! I agrc? with this writer, that it was not the persons of Ber- nard, Hutchinson or Oliver, that made them obnoxious; but their principles and practices. And I will agree, that if Chatham, Canjpden and St. Asaph, (I beg pardon for introducing these rever- end naines into such company, and tor making a supposition which is absurd) had been here, and prosecuted such schemes, they would have met with contempt and execration from this peo- ple. But when he says, *' that had the intimations in those letters been attendetl to, we had now been as happy a people as good goveriunent could make us," it is too jjproes to make us angry. We can do nothing but smile. Have not these intimations been attended to ? Have not fleets and armies been sent here, when- ever they requeirtcd ? Have not governors', lieutenani governors', 53 v. secretaries', judges', attorney generals', and solicitor generals' salaries been paid out of the revenue as they solicited ? Have not taxes been laid, and continued ? Have not English liberties been abridged as Hutchinson desired? Have not "penalties of another kind" been inflicted, as he disired ? Has not our charter been destroyed, and the council put into the king's hands, as Ber- nard requested ? In short, almost all the wild mock pranks of this desperate triumvirate have been attended to and adopted, and we are now as miserable as tyranny can wrll make us. That Bernard came here with the affections of New Jersey, I never heard nor read, but in this writer. His abilities were considera- ble, or he could not have done such extensive miscliir^f. His true British honesty and punctuality will be ackiiowloHged by none, but such as owe all their importance to flattering him. That Hutchinson was amiable and exemplary, in some respects, and very unamiable and unexemplary, in others, is a certain truth ; otherwise he never would have retained so much popu- larity on one hand, nor made so pernicious a use of it on the oth« er. His behavior, in several important departments, was with ability and integrity, in cases which did not effect his political system, but he bent all his offices to that. Had iie continued stedfast to those prin».iples in religion and government, which in his former life he professed, and which alorje had procured him the confidence of the people and all his importance, he would have lived and died, respected and beloved, and have done hon- or to his native country. But by renouncing these principles and that conduct, which had made him and all his ancestors re- spectable, his character is now considered by all America, and the best part of the three kingdoms, notwithstanding the counte- nance he receives from the ministry, as a reproach to the pro- vince that gave him birth, as a man who bj' all his actions aimed at making himself great, at the expense of the liberties of his na- tive country. This gentleman was open to flattery, in so re- markable a degree, that any man who would flatter him was sure of his friendship, and every one who would not, was sure of his enmity. He was credulous, in a rediculous degree, of every thing that favoured his own jdans, and ecpially incredulous of every thing which made against them. His natural abilities which have been greatly exaggerated by persons whom he had advanced to power, were far from being of the first rate. His industry was prodigious. His knowledge lay chiefly in the laws and politics and history of this province, in which he had a long experience. Yet with all his advantages, he never was master of the true char.acter of his native country, not even of New England and the Massachusetts Bay. Through the whole trou- blesome period since the last war, he manifestly mistook the temper, principles, and opinions of this people. He had resolv- ed upon a system, and never could or would see the impractica- bility of it. t; :fi ^■': '■ '"'' '''"k *v.vffl , tm ^l i ,whJ r 'M *■ ■ . l ■i i $: \''i ■X, ' >• if .11 til'' !/"; It is very true that all his abilities, virtues, interests and con- nections, were insufficient ; but for what ? To prevail on the people to acquiesce in the mighty claim of parliamentary authori- ty. The constitution was not gone. The suggestion, that it was, is a vile slander. It had as much vigour as ever, and even the govei'nor had as much power as ever, excepting in cases which affected that claim. " The spirit" says this writer " was truly republican." It was not so in any one case whatever ; any fur- ther than the spirit of the British constitution is republican. Even in the grand fundamental dispute, the people arranged themselves under their house of representatives and council, with as much order as ever, and conducted their opposition as much by the constitution as ever. It is true their constitution was em- ployed against the measures of the jvmto, which created their enmity to it. However I have not such an horror of republican spirit, which is a spirit of true virtue, and honest independence ; 1 do not mean on the king, but on men in power- This spirit is so far from being incompatible with the British constitution, that it is the greatest glory of it, and the nation has always been most prosperous, when it has most prevailed and been most encourag- ed by the crown. 1 wish it increased in every part of the world, especially in America ; and I think the measures, the tories are now pursuing, will increase it to a degree that will ensure us, in thif end, redress of grievances and an happy reconciliation with Great Britain. "Governor Hutchinson strove to convince us, by the principles of government, our charters and acknowledgments, that our claims were inconsistent with the subordination due to Great Britain," fcc. says this writer. Suffer me to introduce here, a htlle history. In 1764, when the system of taxing and new modelling the Colonies was first ap- prehended, lieutenant governor Hutchinson's friends struggled in several successive sessions of the general court, to get him chos- en agent for the province at the court of Great Britain. At this time he declared freely, that he was of the same sentiment with the people, that parliament had no right to tax them ; but differed from the country party, only in his opinion of the policy of denying that right, in their petitions, &c. 1 would not injure him ; I was told this by three gentlemen who were of the committee of both houses, to prepare that petition, that he made this declaration ex- plicitly before that committee. 1 have been told by other gen- tlemen that he made the same declaration to them. It is possible tliat he might make use of expressions studied for the purpose, which would not strictly bear this construction. But it is certain that they understood him so, and that this was the general opin- ion of his sentiments until he came to the chair. The country party saw, that this aspiring genius aimed at keeping fair with the ministry, by supporting their measures, and with the people, by pretending to be of our principles, and be- 5d twcen both to trim himself up to the chair. The only reason why he did not obtain an election at one time, and was excused from the service at another, after he had been chosen by a small Br.ajority, was because the members knew he would not openly deny the right, and assure his majesty, the parliament, and minis- try, that the people never would submit to it. For the same rea- son he was left out of council. But he continued to cultivate his popularity, and to maintain a general opinion among the peo- ple, that he denied the right in his private judgment, and thi^ idea preserved most of those who continued their esteem for him. But upon Bernard's removal, and his taking the chair as lieu- tenant governor, he had no farther expectations from the people nor complaisance for their opinions. In one of his first speeche*^ he took care to advance the supreme authority of parliament. This astonished many of his friends. They were heard to say, we have been deceived. We thought he had been abused, but we now find what has been said of him is true. He is determined to join in the designs against this country. After his promotion / , to the government, finding that the people had little confidence liinrvn^/ in him, and a^ttmang that he had no interest at home to support /' him, but what he had acquired by joining with Bernard in kick- ing up a dust, he determined to strike a bold stroke, and in a formal speech to both houses, became a champion for the un- bounded authority of parliament, over the Colonies. This he thought would lay the ministry under obligation to support him in the government, or else to provide for him out of it, not considering that starting that question before that assembly, and calling upon them, as he did, to dispute with him upon it, was scattering firebrands, arrows and death in sport. The arguments he then advanced were inconclusive indeed : but they shall be considered, when I come to the feeble attempt of Massachuset* tensis to give a colour to the same position. The house, thus called upon, either to acknowledge the unlim* ited authority of parliament, or confute his arguments, were bound by their duty to God, their country and posterity, to give him a full and explicit answer. They proved incontostihiy, that he was out in his facts, inconsistent with himself, and in every principle of his law, he had committed a blundor. Thus the fowler was caught in his own snare ; and although this country has suffered severe temporary CPilamities, in consecjuence of tliis speech, yet I hope they will not be durable ; but his ruin ivas certainly in part owing to it. Nothing ever opened the eyes of the people so much, as his design?, excepting his letters. Thus it is the fate of Massachusettensis to praise this gentle] man, for these things which the wise part of mankind condemn in him, as the most insidious and mischievous of actions. If it was out of his power to do us any more injuries, I should wish to foi-- get the past ; but as there is reason to fear he is still to continue his malevolent labours against this country, although he is out of -A h Si I t '"^ {■:cL V.I.' i.(.:. 56 It*? •'■ ^ 1 1 'ti f_ ■• !• .1^ ..;■ t 1 ■fJ: ■.;•' !|: 5, \\ ; f \ It \ i*; 1 ]■[ i ■ -V :5 '1'i »t^^ ;ri 111* 1 If;' il':' our sight, he ou£?ht not to he out of our mimlrf. This country has every thing to fear, in the present state of the British court, while the lords Bute, Mansfield and North have the principal con- duct of affairs, from the deep intrigues of that artful man. To proceed to his successor, whom Massachusettensis has heen pleased to compliment with the epithet of " amiable." I have no inclination to detract from this praise, but have no pane- gyricks or invectives for any man,much less for any governor, un- til satisfied of his character and designs. This gentleman's conduct, although he came here to support the systems of his two predecessors, and contracted to throw himself into the arms of their connections, when he has acted himself, and not been teased by others much less amiable and judicious than himself, into measures which his own inclination wonld have avoided, has been in general as unexceptionable as could be expected, in his very delicate, intricate and diO'icult situation. We are then told " that disaffection to Great Britain was infus- ed into the body of the people." The leading whigs, have ever, systematically, and upon principle, endeavoured to preserve the people from all disaffection to the king on the one hand, and the body of the people on the other ; but to lay the blame where it is justly due on the ministry and their instruments. We are next conducted into the superior court, and informed '• that the judges were de}>endant on the annual grants of the general court ; that their salaries were small in proportion to the salaries of other officers, of less importance ; that they often pe- titioned the assembly to enlarge them, without success, and were reminded of their dependance ; thai they remained unshaken amid the raging tempests, which is to be attributed rather to their firmness than situation." That the salaries were small, must be allowed : but not smal- ler in proportion than those of other officers. All salaries in this province have been and are small. It has been the policy of the country to keep them so, not so much from a spirit of parsimony, as an opinion, that the service of the public ought to be an hon- orary, rather than a lucrative employment; and that the great men ought to be obliged to set examples of simplicity and frugality before the people. But if we consider things maturely, and make allowance for all circumstances, 1 think the country may be vindicated. This province, during the last war, had such overbearing burdens upon it,ti»at it was necessitated to use economy in every thing. At the peace she was half a million sterling in debt, nearly. She thought it the best policy to get out of debt, before she raised the wages of her servants ; and if Great Britain had thought as wisely, she would not now have had 140 millions to pay ; and she would nev- er have thought of taxing America. Low as the wages were, it was found that, whenever a vacan- cy happened, the place was solicited with mucli more anxiety and zeal, than the kingdom of heaven. ! 57 'VI'" Another cause which had its effect wa8 this. The judges of that court had almost always enjoyed some other office. At the time of the stamp act the chief justice was lieutenant governor, which yielded him a profit, and a judge of probate for the county of Suffolk, which yielded him another profit, and a counsellor, which if it was not very profitable, gave him an opportunity of promoting his family and friends to other profitable offices, an op- portunity which the country saw he most religiously improved. Another justice of this court was a judge of admiralty, and anoth- er was judge of probate for the county of Plymouth. The peo- ple thought therefore, thtt as then '^^ime was not wholly taken up by their offices, as judges oi'lhe superior court, there was no rea- son ^fhy they should be paid as much, as if it had been. Another reason was this : those justices had not been bred to the bar, but taken from merchandise, husbandry and other oc- cupations ; had been at no great expence for education, or libra- ries, and therefore the people thought that equity did not de- mand large salaries. It must be confessed that another motive had its weight. The people were growing jealous of the chief justice and two other justices at least, and therefore thought it imprudent to enlarge their salaries, and by that means their influence. Whether all these arguments were sufficient to vindicate the people for not enlarging their salaries, I shall leave to you, my friends, whose right it is to judge. But that the judges pe- titioned " often" to the assembly I do not remember. I knew it was suspected by many, and- confidently affirmed by some, that judge Russell carried home with him, in 1766, a petition to his ma- jesty, subscribed by himself, and chief justice Hutchinson at least, praying his majesty to take the payment of the judges into his own hands ; and that this petition, together with the solicitations of governor Bernard, and others, had the success to procure the act of parliament, to enable his majesty to appropriate the reve- nue to the support of the admiuistration of justice, &c. from whence a great part of the present calamities of America have flowed. That the high whigs took care to get themselves chosen of the grand juries I do not believe. Nine tenths of the people were high whigs ; and therefore it was not easy to get a grand jury without nine whigs in ten, in it. And the matter would not be much mended by the new act of parliament. The sheriff must return the same set of jurors, court after court, or else his juries would be nine tenths of them high whigs still. Indeed the tories are so envenomed now with malice, envy, revenge and disap- pointed ambition, that they would be willing, for what i know, to be jurors for life, in order to give verdicts against the whigs. And many of them would readily do it, I doubt not, without any other law or evidence, than what they found in their own breasts. The suggestion of legerdemain, in dr<»'.ving the names of petit jurors out B ■I, ^i •' 'la Tf '■■• it ' ■'* 4 '.,*. * ■ .1 .J 4. .^•- J 1 ". 1'' % f'i i i> i: : * • ? 5 /i ■- *-1 1 1'^ 62 Hnother course, will prevail with MnMnchusettcnsis to wave the good policy of the act. He will be much more cunningly em- ployed in labouring to terrify women and children with the hor- rors of a civil war, and the dread of a division among the people. There lies your forty Massachusettensis, make the most of it. NOVANGLUS. er ab! fro ex th up ten i i>^i I % ADDRESSED To the Inhabitants of the Colony of Massachusetts Bay, February 27, 1775. MV KRlENns, SUCH events as the resistance to the stamp act, and to th* tea act. particularly the destruction of that which was sent by the ministry, in the name of the East India Company, have ever been cautiously spoken of by the whigs, because they knew the delicacy of the subject, and they lived in continual hopes of a speedy restoration of liberty and peace. But we are now thrown into a situation, which would render any further delicacy upon this point criminal. Be it remembered then, that there are tumults, seditions, pop- ular commotions, insurrections and civil wars, upon just occasions, as well as unjust. Grotius B. I.e. 3. §, 1. observes, " that some sort of private war may be lawfully waged — It is not repugnant to the law of nature, ibr any one to repel injuries by force. § 2. The liberty allowed before is much restrained, since the erection of tribunals. Yet there are some cases wherein that right still subsists ; that is, when the way to legal justice is not open ; for the law which forbids a man to pursue his right any other way, ought to be understood with this equitable restriction, that one finds judges to whom he need apply, &c. Sidney's discourses upon government c. 2. § 24. 'Tis in vain to seek a government in all points ftee from a possibility of civil warn, tumults and seditions : that is a blessing denied to this life, and reserved to complete the felicity of the next. Seditions, tu- mult:*, and wars do atise from mistake or from malice ; from just occasions or unjust. Seditions proceeding from malice are sel- dom or never seen in popular governments ; for they are hurtful to ihe people, and none have ever willingly and knowingly hurt themselves. Thert; may be, and often is, malice in those who excite them ; but the people is ever deceived, and whatev- 63 er is thereupon done, ought to be imputed to error, kc. But in absolute monarchies), almost all the troubles that arise proceed from malice ; they cannot be reformed ; the extinction of them in exeeedinfi^ difficult, if they have continued long enough to corrupt the people ; and those who appear ngaint them seek only to sot up themselves or their friends. The mischiefs designed arc of- ten dissembled, or denied, till they are past all possibility of be* ing cured by any other way than force ; and such as arc by ne- cessity driven to use that remedy, know they must perfect thcii work or perish. He that draws his sword against the prince, say the French, ought to throw away the scabbard ; for though tlie design be never so just, yet the authors are sure to he ruined ii' it miscarry. Peace is seldom made, and never kept, unless thu subject retain such a power in his hands, as may oblige the prince to stand to what is agreed ; and in time some trick is found to deprive him of that benelit. f It may seem strange to some that I mention seditions, tumults and wars, upon just occasions ; but 1 can find no reason to re- tract the terms. God, intending that men should live justly with one another, does certainly intend that he or they, who do nu wrong, should suffer none ; and the law that forbids injuries, were of no use, if no penalty might be inflicted on thosr, that will not obey it. If injustice therefore be evil, and injuries be forbidden, they are also to be punished ; and the law, instituted for their prevention, must necessarily intend the avenging of such as cannot be prevented. The work of the magistracy is to exe- cute this law ; the sword of justice is put into their hands to re- strain the fury of those within the society, who will not be a law to themselves ; and the sword of war to protect the >pople against the violence of foreigners. This is without exception, and would be in vain if it were not. But the magistrate who is to protect the people from injury, may, and is often known, not to have done it : he sometimes renders his oflice useless by neglecting to do justice ; sometimes mischievous by overthrowing it- This strikei at the root of God's general ordinance, that there should be laws ; and the particular ordinances of all societies that appoi:.t such as seem best to them. I'Ae magistrate therefore is comprehended under both^ and subject to both^ as zvell as private men. The ways of preventing or punisliing injuries are judicial or extrajudicial. Judicial proceedings are of force against those who submit, or may be brought to trial, but are of no eficct against those who resist, and are of such [)ower that they cannot be con- strained. It were absurd to cite a man to appear before a tribu- nal, who can awe the judges, or has armies to defend him ; and impi- ous to ti ink that he who has added treaohery to his other crimes, and usurped a power above the law, should be protected by tit i enormity of his wickedness. Legal proceedings, therefore, are to be used when the delinquent submits to the law ; and all are just ; when he wUl not be kept in order by the legal. \ ;l T 't^j #1 Sm 'r > :-\ 1 64 .iff, i: r t 'A The word seiliti.on is generally applied to all numerous assem- blies, without or against the authority of the magistrate, or of those who assume that power. Athaliah and Jezebel were more ready to cry out treason, than David, &c. Tumult is from the disorderly manner of those assemblies, where things can seldom be done regularly ; and war is that " de- certatio per vim," or trial by force, to which men come, when other ways are ineffectual. If the laws of God and men, are therefore of no effect, when the magistracy is left at liberty to break them ; and if the lusts of those who are too strong for the tribunals of justice, cannot be otherwise restrained than by seditioti, tumults and war; those seditions, tumults and wars, are justified by the laws of God and man. I will not take upon me to enumerate all the case? -a which this may be done,4)ut content myself with three, which lave most frequently given occasion for proceedings of this kina. The first is, when one or more men take upon them the power and name of a magistracy, to which they are not justly called. The second, when one or more being justly called, continue in their magistra- cy longer than the laws by which they are called, do prescribe. And the third, when he or they, who are rightly called, do assume a power, though within the time prescribed, that the law does not give ; or turn that which the law dees give, to an end differ- ent and contrary to that which is intended by it. The same course is justly used against a legal magistrate, who takes upon him to exercise a power which the law does not give ; for in that respect he is a private man. " Q,uia, as Grotius says, eotenus non habct imperium," an«l may be restrained as well as any other, because he is not set up to do what he lists, but what the law appoints for the good of the people ; and as he has no other power than what the law allows, so the same law limits and directs the exercise of that which he has. Puffendorf 's law of nature and nations L. 7. c. 8. § 5 and 0. Barbeyrac's note on section 6. When we speak of a tyrant that miy lawfully hit dethroned, we do not mean by the people, the vile populace or rabble of the country, nor the cabal of a small number of factious persons ; but the greater and more judicious part of the subjects of all ranks. Besides the tyranny must be so notorious and evidently clear, as to leave no body any room to doubt of it, &c. Now a prince may easily avoid making himself 80 universally suspected and odious to his subjects ; for as Mr. Locke says, in his treatise of civil government, c. 18 § 209. " It is as impossible tor a governor, if he really means the good of the people and the preservation of them and the laws together, nut to make thom see and feel it; as it is for the father of a family, not to let his children see he loves and takes care of them." And therefore the general insurrection of a whole nation does not de- serve the name of u rebellion. We may see what Mr. Sidney G5 says upon this subject in his discourse concerning government c. 3. § 36. Neither are subjects bound to stay till the prince has entirely finished the chains which he is preparing for them, and put it out of their power to oppose. It is sufficient that all the advances which he makes are manifestly tending to their oppres- sion, that he is marching boldly on to the ruin of the state. In such a case, says Mr. Locke, admirably well, ubi supra § 2 10. How can a roan any more hinder himself from believing in his own mind, which way things are going, or from casting about to save himself, than he could from believing the captain of the ship he was in, was carrying him and the rest of his company to Algiers, when he found him always steering that course, though cross winds, leaks in his ship and want of men and provisions, did often force him to turn his course another way for some time, which he steadily returned to again, as soon as the winds, weather, and other circumstances would let him." This chiefly takes place with respect to kings, whose power is limited by fundamental laws. ^^ If it Is objected, that the people being ignorant, and always discontented, to lay the foundation of government, in the unsteady opinion and the uncertain humour of the people, is to expose it to certain ruin ; the same author will answer you, that on the con- trary, people are not so easily get out of their old forms as some are apt to suggest. England, for instance, notwithstanding the many revolutions that have been seen in that kingdom, has always kept to its old legislative of king, lords, and commons ; and whatever provocations have made the crown to be taken from some of their princes' heads, they never carried the people 80 far as to place it in another line. But it will be said, this hy- pothesis lays a ferment for frequent rebellion. No more, says Mr. Locke, than any other hypothesis. For when the people are made miserable, and find themselves exposed to the ill usage of arbitrary power ; cry up their governors as^you will for sons of Jupiter, let them be sacred and divine, descended or authoris- ed from heaven ; give them out for whom or what you please, the same will happen. The people generally ill treated, and contrary to right, will be ready upon any occasion to ease them- selves of a burden that sits heavy upon them. 2. Such revolu- tions happen not upon every little mismanagement in public af- fairs. Great mistakes in the ruling part, many wrong and incon- venient laws, and all the slips of human frailty will be borne by the people, without mutiny and murmur. 3 This power in the people of providing for their safety anew by a legislative, when their legislators have acted contrary to their ^'•ust, by invading their property, is the best fence aaraiii^^t rebellion, and the proba- blest means to hinder it ; for rpbollion being an opposition, not to persons, but authority, which is I'ouiidcil only in the con- stitutions and laws of the government : those whoever they be, ;.7io btj force bre»l: through^ (ind by fnrcr jusiit'ii thf yioUition of them, ^1 Ml ' il |! (-'' ^i ■*J ■*v>' ,tf.i H^. .' ^ * ' t ,1 V ■;■;' . , # ? ,( 1 it I. V ^ arc truly and. properly rebels. For when men by entering into so- ciety, and civil government, have excluded force, and introduc- ed laws for the preservation of property, peace and unity, among themselves; those who set up force again, in opposition to the laws, do rebellare, that is, do bring back again the state of war, and are properly, rebeis, as the author shews. In the last place, he demonstrates that there are also greater inconveni- encies in allowing all to those that govern, than in granting some- thing to the people. But it will be said, that ill affected and fac- tious men may spread among the people, and make ibem believe that the prince or legislative, act contrary to their trust, when they only make use of their due prerogative. To this Mr. Locke answers, that the j)eople however is to judge of all that ; because no body can better judge whether his trustee or deputy acts well, and according to the trust reposed in him, than he who deputed him. He might make the like query, (says Mr. LeClerk, from whom this extract is taken) anW ask, whether the people being oppressed by an authority which they set up, hut for their own good, it is just, that those who are vested with this authority, and of which they are complaining, should themselves be judges of the complaints made against them, The greatest flatterers of kings, dare not say, that the people ai" 'iged to suffer absolute- ly all their humours, how irregular so . jr they be ; at»d there- fore must confess, that when no regard is had to their complaints, the very foundations of society are destroyed ; the priuce and people are in a state of war with each otlier, like two independ- ent states, that are doing themselves justice, and acknowledge no person upon earth, who in a sovereign manner, can determine the disputes between them, &c. If there is any thing in these quotations, which is applicable to the destruction of the tea, or any other branr.h of our subji;ct, it is not my fault ; I did not make it. Surely Grotius, Piitfpndorf, Barbeyrac, Locke, Sidney, and LeCIerk, are writers, oi suffi- cient weight to put in the scale ag? ast the mercenary scnbbiers in New York and Boston, who have the unexampled impud«>ncc and folly, to cull tliese which are rei olution principles in question, and to ground th«ir arguments upon passive obedienc** as a '•-•.rnier stone. What an opinion mu«t these writers have o4'tl*e priitciple* of their patrons, the lords Bute, Mansfield and North, wh(^" they hope to recommend themselves by rcviviaf that stupid do^.trine, which has been infamous -o many years. Rr Sache aril himself tells us that his sermons were burn* by tlie Ikands of tue common hangman, by the order of the king, lords and commons, «n order to fix an eternal and indelible brand of infamy on that socUme. In the Gazette of January the 2d, ^assartwwwtiiinw eatertains you with an account of hi'j own important self This is a subject which he has very much ai heart, but it ih of ao consequence to you or me, and therefore little need be saK* of it. If he had such a stand in the community, that he could h»Mo seen all the polit- «7 < ical matttUTrett it is plnin he mast have iihut bis eyes, or he never could have mistaken so grossly, causes for effects, and ef- fects for causes. • He undertakes to point out the principles and motives upon which the blockade act was made, which were according to him, the destruction of the East India Company^s tea. He might have said more properly the ministerial tea ; for such it was, and the company are no losers ; they have received from the public trea- sury compensation for it. Then we are amused with a long discourse about the nature of the British government, commerce, agriculture, arts^ manufac- tures, regulations of trade, custom-house officers, which, as it has no relation to the subject, I shall pass over. The case is shortly this. The East India Company, by their contract with government, in their charter and statute, are bound in consideration of their importrnt profitable privileges to pay to the public treasury, a revenue, annually, of four hundred thousand pounds sterling, so long as they can hold up their dividends, at twelve per cent, and no longer. The mistaken policy of the ministry^ in obstinately persisting in their claim of right to tax America, and refusing to repeal the duty «n tea, with those on glass, paper and paint, had induced all America, except a few merchants in Boston, most of whom were closely connected with the junto, to refuse to import tea from Great Britain; the consequence of which was a kind of stagnation in the affairs of the company, and an immense accumulation of tea in their stores, which they could not sell. This, among other causes, contributed to affect their credit, and their dividends were on the point of faUing below twelve per x^jnt. and consequently the government was upon the point of losing 400,0001. sterling a year of revenue. The company solicited the ministry to take off the duty in America : but they adhering to their plan of taxing the colonies and establishing a precedent, framed an act to enable the company to send their tea directly to America. This was admired as a master-piece of policy. It was thought they would accom- plish four great purposes at once : establish their precedent ot taxing America ; raise a large revenue there by the duties ; save the credit of the company, and the 400,0001. to the government. The company however, were so little pleased with this, that there were great debates among the directors, whether they should risque it, which were finally determined by a majority of one only, and that one the chairman, being unwilling as it is said, to inter- fere, in the dispute between the minister and the coloi|ies, and un- certain what the result would be : ana this small majority was not obtained, as it is said, until a suflicient intimation was given that the company should not be losers. When the(>e designs were made known, it appeared, that Ameri- can politicians were not to be deceived ; that their sight was as quick and clear as the ministeT^t ; and that they were aa steady to ft'v hw 68 I'll ri! I' ■ r' t^ their purpose, as he ivns to bis. This was thought by all the colonies to be the precise point of time, when it became abso- lutely necessary to make a stand. If the tea should be landed, it would be sold ; if sold, the duties would amount to a large sum, which would be instantly applied to increase the friends an^ advo- cates for more duties, and to divide the people ; and the company would get such a footing, that no oppoi''i.ion afterwards could ever he effectual. And as soon as the duties on tea should be estab- lished, they would be ranked among post*oflice fees, and other precedents, and used as arguments, both of the right and expedi- ency of laying on others, perhaps on all the necessaries, as well as conveniences and luxuries of life. The whole continent was united in the sentiment, that all opposition to parliamentary taxa- tion must be given up forever, if this critical moment was neglect- ed. Accordingly, New York and Philadelphia determined that the ships should be sent back ; and Charleston, that the tea should be stored and locked up. This was attended with no danger in that city, because they are fully united in sentiment and affection, and have no Junto to perplex them. Eoston was under greater difficulties. The consignees at New York and Philadelphia most readily resigned. The consignees at Boston, the children, cousins, and most intimate connections of governor Hutchinson, refused. I am very sorry that I cannot stir a single step in developing the causes of my country's miseries, without stumbling upon this gen- tleman. But so it is. From the near relation and most intimate connection of the consignees with him, there is great cause of jealousy, if not a violent presumption, that he was at the bottom . of all this business, that he had planned it, in his confidential let- ters with Bernard, and both of them joined in suggesting and re- commending it to the ministry. Without this supposition, it is difficult to account for the obstinacy with which the consignees refused to resign, aud the governor to let the vessel go. However this might be, Boston is the only place upon the continent, per- haps in the world, which ever breeds a species of misanthropes, who will persist in their schemes for their private interest, with such obstinacy, in opposition to the public good ; disoblige all their fellow citizens for a little pelf, and make themselves odious and infamous, when they might be respected and esteemed. It must be said, however, in vindication of the town, that this' breed is spawned chiefly by the Junto. The consignees would not resign ; the custom house refused clearances ; governor Hutchinsop refused passes by the castle. The question then was, with many, whether the governor, officers, and consignees should be compelled to send the ships hence ? An army and navy was at hand, and bloodshed was apprehended. At Inst, when the continent, as well as the town and province, were waiting the issue of this deliberation with the utmost anxiety, a number of persons, in the night, put them out of suspense, by an oblation to Neptune. I have heard some gentlemen say, ^^ this was a very unjustifiable proceediDg"-~" that r I I i{ they had gone at noon-dny, and in their ordinary habits, and drowned it in the face of the ^vorld, it would have been a merito- rious, a most glorious action : but to go in the night, and much more in disguise, they thought very inexcusable." " The revenue was not the consideration before parliament,'' says Massachusettensis. Let who will believe hitn. But if it was not, the danger to America was the same. 1 take no notice of the idea of a monopoly. If it had been only a monopoly (though in this light it would have been a very great grievance) it would not have excited, nor in the opinion of any one justitied the step that was taken. It was an attack upon a fundamental principle of the constitution, and upon th^t supposition was resisted, after multi- tudes of petitions to no purpose, and because there was no tribunal in the constitution, from whence redress could have been ob- tained. There is one passage so pretty, that I cannot refuse myself Mie pleasure of transcribing it. " A smuggler and a whig are cousin Germans, the offspring of two sisters, avarice and ambition. They had been playing mto each other^s hands a long time. The smug- gler received protection from the whig, and he in his turn receiv- ed support from the smuggler. The illicit trader now demanded protection from his kinsman, and it would have been unnatural in him to have refused it ; and beside, an opportunity presented of strengthening his own interest." The wit and the beauty of the style, in this place, seem to have quite enraptured the lively juvenile imagination of this writer. The truth of the fact he never regards, any more than the jus- tics of the sentiment. Some years ago, the smugglers might be pretty equally divided between the vvhigs and the tories. Since that time, they have almost all married into the tory families, for the sake of dispensations and indulgencies. If I were to let my- self into secret history, I could tell very diverting stories of smug- gling tories in New-York and Boston. Massachusettensis is quar- relling with some of his best friends. Let him learn more dis- cretion. We are then told that " the consignees offered to store the tea, under the care of the selectmen, or a committee of the town." This expedient might have answered, if none of the junto, nor any of their connections, had been in Boston. But is it a wonder, that the selectmen declined accepting such a deposit? They supposed they should be answerable, and nobody doubted that to- nes might be found who would not scruple to set tire to the store, in order to make them liable. Besides if the tea was landed, though only to be stored, the duty must be paid, which it was thought was giving up the point. Another consideration, which had great weigiit, was, the other colonies were grown jealous of Boston, and thought it already deficient in point of punctuality, against the duticd articles: and if the tea was once stored, artitices might be used, if not violence, m m fm ^.;M I m i'4 r« ill'; ! :il I i Hi rb jiS-f ii^j (J?" 70 to disperse it abroad. But if through the continual yigilance anA activity of the conamittee and the people, through a whole winter, this should be prevented ; yet one thing was certain, that the tories would write to the other colonies and to England, thoui- ands of falsehoods concerning it, in order to induce the ministry to persevere, and to sow jealousies and create divisions among the colonies. Our acute logician then undertakes to prove the destruction of the tea unjustifiable, even upon the principle of the whigs, that the duty was unconstitutional. The only argument he uses is this : that " unless we purchase the tea, we shall never pay the duty." This argument is so frivolous, and has been so often con- futed and exposed, that if the party had any other, I think they would relinquish this. Where will it carry us ? If a duty wai laid upon our horse?, we may walk ; — if upon our butcher's meat, we may live upon the produce of the dairy ;— ^and if that should be taxed, we may subsist as well as our fellow slaves in Ireland, upon Spanish potatoes and cold water. If a thousand pounds was laid upon the birth of every child, if children are not begotten, none will be born ; — if, upon every marriage, no duties will be paid, if all the young gentlemen and ladies agree to live batchel- ors and maidens. In order to form a rational judgment of the quality of this trans- action, and determine whether it was good or evil, we must go to the bottom of this great controversy. If parliament has a right to tax us and legislate for us, in all cases, the destruction of the tea was unjustifiable ; but if the people of America are right in their principle, that parliame.it has no such right, that the act of parliament is null and void, and it is lawful to oppose and resist it, the question then is, whether the destruction was necessary ? for every principle of reason, justice and prudence, in such cases, demands that the least mischief shall be done ; the least evil among a number shall always be preferred. All men aA convinced that it was impracticable to return it, and rendered so by Mr. Hutchinson and the Boston consignees. Whether to have stored it would have answered the end, or been a less misciiicf than drowning it, I shall leave to the judg- ment of the public. The other colonies, it seems, have no scru- ples aboui it, for we find that whenever tea arrives in any of Ihem, whether from the East India Company, or any other quar- ter, it never fails to share the fate of thirt in Boston. All men will agree that such steps ought not to be taken, but in cases of absolute necessity, and that such necessity must be very clear. But most people in America now think, the destruction of the Boston tea was absolutely necessary, and therefore right and just. It is very true, they say, if the whole people had been united in sentiment, and equally stable in their resolution, not to buy or drink it, there might have been a reason for preserving ft ; but the people here were not so virtuous or so happy. The 71 British ministrj had plundered the people by illegal taxes, an4 applied the money in salaries and pensions, by which devices, they had insidiously attached to their party, no inconsiderable Bumber of persons, some of whom were of family, fortune and influence, though many of them were of desperate fortunes, each of whom, however, had his circle of friends, connections and de- pendants, who were determined to drink tea, both as evidence ol their servility to administration, and their contempt and hatred of the people. These it was impossible to restrain without vio- lence, perhaps bloodshed, certainly without hazarding more than the tea was worth. To this tribe of the wicked^ they say, must be added another, perhaps more numerous, of the weak ; who never could be brought to think of the consequences of their actions, but would gratify their appetites, if they could come at the means. What numbers are there in every community, who have no providence, or prudence in their private affairs, but will go on indulging the present appetite, prejudice, or passion, to the ruin of their estates and families, as well as their own health and characters ! how much larger is the number of those who have no foresight for the public, or consideration of the freedom of posterity ? Such an abstinence from the tea, as would have avoid- ed the establishment of a precedent, dependent on the unanimity of the people, was a felicity that was unattainable. Must the wise, the virtuous and worthy part of the community, who constituted a very grea* majority, surrender their liberty, and involve their posterity in misery in complaisance to a detestable, though small party of knaves, and a despicable, though more numerous com* pany of fools ? If Boston could have been treated like other places, like New York and Philadelphia, the tea might have gone home from thence, as it did from those cities. That inveterate, desperate junto, to whom we owe all our calamities, were determined to hurt us in this, as in all other cases, as much as they could. It is to be hoped they will one day repent and be forgiven, but it is very hai^ to foi^ive without repentance. When the news of this event arrived in England, it excited such passions in the. minister as nothing could restrain ; his resentment w.is inkindicd into revenge, rage, and madness ; his veracity was piqued, as his master piece of policy, proved but a bubbl-.. The bautinig was the fruit of a favourite amour, and no «voii«!er that bis natural af. fection was touched, when he saw it dispatched before his eyes. His grief and ingenuity, if he h:id any. w^>re uifected at the thought that he had misled the Eastlndia Company so much nearer to .Ics truction, and that he had rendered the breach between the kiug- dom and the colonies almost irrecoucileabie : his shame was ex- «ited because opposition had gained a trijinph over him, and the three kingdoms were laughing at him for his obstinacy and his blunders : instead of relieving the company he hud hastened its min : instead of establishing the absolute and unlimited sovereign. ■i% V 'y! ^Ig ^^l % ' '1 i^' \l ;!!' :■ ^. ; .« ; =^ '*!: , t !f \M wmm in '1' I it 'i rj. . II ■I- r ty of parliament over the colonics;, he had excited a more deci-' sive denial of it, and resistance to it. An election dre>^ nigh and he dreaded the rcsentnicnt even of the corrupted electors. In this state of mind bordering On despair, he determines to strike a bold stroke. Bernard was near and did not fail to em- brace the opportunity, to push the old systems Of the junto. By attnckini^ all the colonies together, by the stamp-net, and the paint and glass act, they had been defeated. The charter con- stitution of the Massachusetts Bay, had contributed greatly to both these defeats. Their representatives were too numerous, and too frequently elected, to be corrupted : their people had been used to consider public affairs in their town meetings : their counsellors were not absolutely at the nod of a minister or goV' ftrnor, but were once a year equally dependant on the governor and the two houses. Their grand jurors, were elective by the people, their petit jurors were returned merely by lot. Bern- ard and the junto rightly judged, that by this Constitution the peo- ple had a check on every branch of power, and therefore as lonjf as if lasted, parliamentary taxations, &c. could never be inforced. Bernard, publishes his select letters, and his principles of poli- ty ; his ?on ivrites in defence of the Quebec bill ; hireling garret- tcers are employed to scribble millions of lies againsi us, in pamphlets and newspapers ; and setters employed in the coffee houses, to challenge or knock down all the advocates for the poor Massachusetts. It was now determined, instead of attacking the r.oionies together, though they had been all equally opposed to the plans of the ministry and the claimsof parliament, and there- fore upon ministerial principles equally guilty, to handle them one by one ; and to begin with Boston and the Massachusetts. The destruction of the tea was a tine event for scribblers and speochiliers to declaim upon ; and there was an hereditary hatred of New England, in the minds of many in England, on account of llieir non-conforming principles. It was likewise thought there was a similar jealousy and animosity in the other colonies against 'Vew England ; that they would therefore certainly desert her; thnt she would be intimidated and submit; and then the minis- ter, among his own friends, would acquire immortal honour, :!s the most able, skilful and undaunted statesman of the age. The port bill, charter bill, murder bill, Quebec bill, making allogcther such a frightful system, as would have terrified any people, who did not prefer liberty to life, were all concerted at once ; but all this art and violence have not succeeded. This peo- ple, under great trials jmd dangers, have discovered great abili- ties and virtues, and that nothing is so terrible to them as the loss of their liberties. If these arts and violences are persisted in, and still greater concerted and carried on against them, the world will see that their fortitude, patience and magnanimity will rise in proportion. "Had Cromwell," says our what shall I call him? "had the guidance of the national ire, your proud capital had been levelled n with the dust." Is it any breacli of charity to suppose that such an event as this, would have been a gratincation to this writer ? can we otherwise account for liis indulging himself in a thought so diabolical ? will he set up Cromwell as a model for his dciHed lords, Bute, Mansfield and North ? If he should, there is nothing in the whole history of him so cruel as this. All his conduct in Ireland, as excbptionabic as any part of his whole life, alfords nothing that can give the least probability to the idea of this writer. Till rebellion in Ireland, was most obstinate, and of many years diiiMtion ; 1U0,0()0 Protestants had been murdered in a day, in cold blood, by Papists, and therefore Cromwell might plead some ex- cuse, that cruel severities were necesiaary, in order to restore any pence to that kingdom. But all this will not justify him ; for as hn>* been observed by an historian, upon his conduct in this in- stance, "men are not to divest themselves of humanity, and turn thoiinelves into devils, because policy may suggest that they will succked better as devils than as men !" But is there any parity or similitude between a rebellion of a dozen years standing, in which many battles had been fought, many thousands fallen in war, and 100,000 massacred in a day ; and the drowning three cargoes of tea ? To what strains of malevolence, to what flights of diabolical fury, is not tory rage capable of transporting men ! " The whigs saw their ruin connected with a compliance with the terms of opening the port." They saw the ruin of their country connected with such a compliance, and their own involved in it. But they might have easily voted a compliance, for they were undoubtedly a vast majority, and have enjoyed the esteem and affection of their fellow slaves to their lust hours. Several of them could have paid for the tea, and never have felt the loss. They knew they must suffer, vastly more, than the tea was worth ; but they thought they acted for America and posterity ; and that they ought not to take such a step without the advice of the colo- nies. They have declared our cause their own — that they never will submit to a precedent in any part of the united colonies, by which parliament may take away wharves and other lawful es- tates, or demolish charters ; for if they do, they have a moral certainty that m the course of a few years, every right of Ameri- cans will be taken away, and governors and councils, holding at the will of a minister, will be the only legislatives in the col- onies. A pompous account of the addressers of Mr. Hutchinson, then follows. They consisted of his relations, his fellow Inbonrors in the tory vineyard, and persons whom he had raised in the course of four administrations, Shirley's, Pownal's, Bernard's, and his own,, to places in the province. Considering- the industry that was used, and the vast number of persons in tlje j>roviuce, who iiad received commissions under government upon his recommenda- tion, the small number of sub-crihcrs that was obtained, is among a thousand demonstrations of the unanimity of this people. If it 10 'fill! ill t. i. '1 i i- 1-1 74 H >fi ii ■■ ! I 4 t m (r: liud been thought worth while to have procured a remonstrance agnin»t him, lifty thousand subscribuni might have been easily found. Several gontloinen ol' property were nmong these nd- dreasers, and some of fair character ; but their acquaintance and friendships lay among the junto and their subalterns entirely. Besides, did these addrossera approve the policy or justice of any one of the bills, which were passed the last session of the late parliament ? Did they acknowledge the unlimited authority of parliament ? The Middlesex magistrates remonstrated against tax- ation : but they w«M*e Haltered with hopes, that Mr. Hutchinson would get the port-bill, he. repealed : that is, that he would have undone all, which every one, but themselves, knew he has been doing these fifteen years. "But these patriotic endeavours, were defeated," By what? " By an invention of the fertile brain of one of our party agents, called a committee of correspondence. " This i» the foulest,, sub- tlesl and must veneinous serpent^ that ever issued from the eggs of *«- rfiltOM." I should rather call it, the Ichneumon^ a very industrious, ac- tive and useful animal, which was worshipped in Egypt aH a divinity, because it defended their country from the ravages of the crocodiles. It was the whole occupation of this little crea- ture to destroy those wily and ravenous monsters. It crushed their eggs, wherever they laid them, and with a wonderful ad dress and courage, would leap into their mouths, penetrate their entrails, and never leave until it destroyed them. If the honour of tins invention is due to the gentleman, who is generally understood by the " party agent" or Massachuset- tensis, it belongs to one, to whom America has erec;cd a statue in her heart, for his integrity, fortitude and perseverance in her cause. That the invention itself is very useful and impor- tant, is sulliciently clear, from the unlimited wrath of the tories against it, and irom the gall which this writer discharges upon it. Almost all mankind have lost their liberties through ignorance, inattention and disunion. These committees are admirably cal- culated to diffuse knowledge, to communicate intelligence, and promote unanimity. If the high whigs are generally of such com- mittees, it is because the freeholders, who choose them, are such, and therefore prefer their peers. The tories, high or low, if they can make interest enough among the people, may get them- selves chosen, and promote the great cause of parliamentary revenues, and the other sublime doctrines and mysteries of tory ism* That these committees think themselves " amenable to none," is false ; for there is not a man upon any one of them, who does not acknowledge himself to hold his place, at the pleasure of his constituents, and to be accountable to them, whenever they de- mand it. If the committee of the town of Boston was appointed, for a special purpose at lirst, their commission has been renewed from time to time ; they have been frequently thanked by the 75 );;j town for their vigilance, activity and disinterested labours in the public service. Their doings have been laid before the town nnd approved of by it. The malice of the torics ban several times swelled open their bosoms, nnd broke out into the most intempc« rate and illiberal invectives against it ; but nil in vain. It has only served to shew the impotence of the torics, and increase the importance of the cou)mittec^ These crtmmittees cannot be too religiously careful of the ex- act truth of the intelligence they receive or convey; nor too anxious for the rectitude nnd purity of^ie measures they propose or adopt ; they should be very sure thVlM^ky *lo "<> injury to any man's person, property or character ; and they are generally per- sons of such worth, that I have no doubt of their attention to these rules ; and tlwreforc that the reproaches of this writer are mere slanders. If we recollect how many states have lost their liberties, merely from want of communication with each other, and union among themselves, we shall think that these committees may be intended by Providence to accomplish great events. What the eloquence and talents of negociation of Demosthenes himself could not effect, among the states of Greece, might have been ef- fected by 90 simple a device. Castile, Anagon, Valencia, Major- ca, &c. all complained of oppression under Charles the hfth, dew out into transports of rage, and took arms against him. But they never consulted or communicated with each other. They resisted separately, and were separately subdued. Had Don .Tuan Padil- la, or his wife, been possessed of the genius to invent a com- mittee of correspondence, perhaps the liberties of the Spanish na- tion might have remained to this hour, without any necessity to have had recourse to arms. Hear the opinion of Dr. Robertson. "While the spirit of disaffection was so general among the Span- iards, and 80 many causes concurred in precipitating them into such violent measures, in order to obtain redress of their griev- ances, it may appear strange that the malecontents in the differ- ent kingdoms should have carried on their operations without any mutual concert or even any intercourse with each other. By uniting their councils and arms, they might have acted both with greater force, and with more effect. The appearance of a na- tional confederacy would have rendered it no less respectable among the people, than formidable to the crown ; and the empe- ror, unable to resist such a combination, must have complied with any terms, which the members of it thought tit to prescribe." That it is owing to those committees that so many persons have been found to recant and resign, and so many others to Hy to the army, is a mistake ; for the same things would have taken place, if such a committee had never been in being, and such persons would probably have met with much rougher usage. This wri- ter asks, " have not these persons as good a right to thmk and act for themselves as th« whigs ?'' I answer yes. hut if any man, r- li > Pi -1' ;i ^i! h' - If! wliififor lory, slu M lake it into his hoail to think for himsRlff that he hiis a right to take my property, without my consent ; however tender I may be of the right of private judgment and the free- dom of thought, this is a point in which 1 shall be very likely to dilTor from him, and to tiiink for myself, that I hnvc a right to resist him. If any man shouWI think, ever so conscientiously that the Koman Catholic religion is better than the Protestant, or that the French government is preferable to the British con- !»titution in its purity ; Protealants and Britons, will not be so ten- der of that nian^s coaacieiMC as to suffer him to introduce his favourite religion and,^U|^nment. So the well bred gentle- men, who arc so politenio think, that the charter constitution of this province ought to be abolished, and another introduced, wholly at the will of a minister or the croi^ ; or that our ec- clesiastical constitution is bad, and high church ought to come in, few people will be so tender of these consciences or com- plainant to such polite taste, as to suffer the one or the other to be established. There are certain prejudices among the people, so strong, as to be irresistible. Reasoning is vain, and opposition idle. For example, there are certain popular maxims and pre- cepts called the ten commandments. Suppose a number of line gentlemen, superior to the prejudices of education, should dis- cover that these were made for the common people, and are too illiberal for gentlemen of refined taste to observe; and according- ly should engage in secret contidential correspondences to pro- cure an act of parliament, to abolish the whole decalogue, or to exempt theni from all obligation to observe it. If they should succeed, and their letters be detected, such is the force of pre- judice, and deep habits among the lower sort of people, that it is much to be questioned, whether those refined geniuses would be allowed to enjoy themselves in the latitude of their sentiments. 1 once knew a man, who had studied Jacob Beckman and other mystics until he conscienciously thought the millenium commenc- ed, and all human authority at an end ; that the saints only had a right to property, and to take from sinners any thing they wanted. In this persuasion, he very honestly stole a horse. Mankind pitied the poor man's infirmity, but thought it however their duty to conflne him that he might steal no more. The freedom of thinking was never yet extended in any coun- try so far, as the utter subversion of all religion and morality ; nor as the abolition of the laws and constitution of the country. But " are not these persons as closely connected with the in- terest of their country as the whigs ?" I answer, they are not : they have found an interest in opposition to that of their coun- try, and are making themselves rich and their families. illustrious, by depressing and destroying their country. But " do not their former lives and conversations appear to have been regulated by principles, as much as those of the whigs ?" A few of them, it must be acknowledged, uptil scdug^d by, th^ bewitchiagchariOP Ql' 77 weaiUiaail power, appnared to be men of principle. But tnkinf( the wbiga and tories on un avcriifl^o, the balance of principle, as well nr genius, learning, wit and wealth, is infinitely in fovour of the former. As to somf those persons by nny means whatever, as long as they have any hopes that the miniiitry will place and pension them. The instant these hopes are extinguished, we all know they will be converted of course. Converts from places and pensions are only to be made by places and pensions ; all other reasoning is idle ; these are the penuUima ratio of the tories, as field pieces are the ultima. That we are not " unanimous is certain." But there are nine- teen on one side to one on the other, through the province ; and ninety-nine, out of an hundred of the remaining twentieth part, can be fairly shewn to have some sinister private view, to induce them to profess his opinion. Then we are threatened high, that " this is a changeable world, and times rolling wheel may ere long bring them uppermost, and in that case we should not wish to have them fraught with resentment." To all this we answer, without ceremony, that they always have been uppermost, in every respect, excepting only the es- teem and aflection of the people ; thiiii tlioy always have been fraught with resentment (even their cunning and policy have not restrained Hi«',«'acy, in due pro- portion ; that it inclu«^'S the principal « xcellenci*^, and ex eludes the principal defects of the other toods of fA^ernment— . the most perfect system that the wisdom of ;»*u»h ha* produced, and Englishmen glory in being subject to and pro^^cted by it."" Then we are told, "that the colonies are a part of the Brit- ish empire. ' But what are we to underst*nw. Will the ministry thank Massachuset- tensis for becoming an advoc'ite for such an union and incorpora- tion of all the dominions of the king of Great Britain? Yet with- out such an union, a legislature wliicli shall be sovereign and su- preme in all cases whatsoever, and coextensive with the empire, can never be established upon the general principles of the English constitution, which Massachusettensis lays down, viz an equal mixture of monarchy, aristocracy and democracy. Nay further, iu order to comply with this principle, this now government, this mighty Colossus, which is to bestride the narrow world, must have an house of lords consisting of Irish, East and West Indian, Af- rican, Anierican, as well as English and Scottish noblemen ; for the nobility ought to be .scattered about all the domiuions, as well as ihe representatives of the commons. If in twenty years more America shoulil have six millions of inhabitants, as there is a boundless territory to fill up, she must have five hundred repre- -entatives. Upon these principles, if in forty years she should have ttvelve millions, a thousand; and if the inbal)itants of the iliree kingdoms remain as they are, being already full of inhabi- ia!jtp, what will become of your supreme legislative? It will be translated, crown and all, to America. This is a sublime system tor .\merira. It will flatter those ideas of independency, which »he lories impute to them, if they have any such, more than any other plan of indoi)endency that 1 have ever heard projected. " The best writers upon the law of nations, tell us, that when a nation takes possession of a distant country and settles there, that (.ountry, though separated from the principal establishment, or mothercountiy, naturally becomes a part of the state, equal with its ancient pusses'^ions." Wc are not told who the.se " best writers" are : 1 think we ought to be introduced to them. But their meaning may be no more, than that it is best they should be in- corporated will> the ancient establishment by contract, or by some new law and uislitutioii, by which the new country shall have rq\ial right, |)owers and privileges, as well as equal protection ; and be umler equal obligatioiTS of obedience with the old. Has there been an\ such contract between Britain and the colonics? 81 Is America incorporated into the realm ? Is it a port of the realm ? Is it a part of tlio kingdom? Has it any share in the Irp-'-iative of the realm? The constitution requires that every iooi oC land should be represented in tlie third estate, the democratical branch of the constitution, llow many millions of acres in America, how many thojsands of wealthy landholders, have no representatives there. But let these "best writers" say what they will, there is noth- inq- in the law of nations, which is only the law of right reason, applit'd to the conduct of nations, that requires that emifijrants from a state that should continue, or be made a part of the state. The practice of nations has been different. The,Greeks planted colonies, and neither demanded nor pretended any authority over Ihem, but they became distinct mdependent commonwealths. 7.'he Koh^ans continued their colonies under the jurisdiction of the mother commonwealth ; but, nevertheless, she allowed them the privile!:>es of cities. Indeed fliat sajjacious city seems to have been aware of dillicuUies, similar to those, under which Great Britain is now labouring; she seems to have been «en«ible of the impossibility of keeping colonies, planted at great distances, under the absolute controul of her smatus consulta. Harrington tells us, Oceana p. 43. that the commonwealth of Rome, by })lanting colo- nies of its citizens within the bounds of Italy, took the best way of propagating itself, and naturalizing tb ■ country; whereas if it had planted such colonies without the bounds of Italy, it would have* alienated the citizens, and given a root to lilxMty abroad, that might have sprung up foreign, or savage and hostile to her ; wherefore it never made any such dispersion of itself and its strength^ till it was under the yoke of the emperors, who disburdening themselves of the people, as having less apprehension of what they could do abroad than at home, took a contrary course.'' But these Italian cities, although established by decrees of the senate ©f Rome, to which the colonist was always party, either as a Ro- man citizen about to emigrate, or as a conquered enemy treating upon terms ; were always allowed all the rights of Rom:;e reasonable creatures, and they will discover great ingenuity and modesty. The acts of trade and navigation might be contirmed by provincial law ried into execution by our own courts and juries, and i illicit trade would be cut up by the roots forever. . ' new the smuggling tories in New-York and Boston would cry vut against this, because it would not only destroy their profitable game of smuggling, but their whole place and pension system. But the whigs, that is a vast majority of the whole continent, would n«t regard the smuggling tories. In one wor:i, if public principles and motives and arguments, were alone to determine this dispute between the two countries, it might be settled forever, in a few hours ; but the everlasting clamours of prejudice, passion and private interst, drown every consideration of that sort, and are precipitating us into a civil war. " If then we are a part of the British empire, we must be subject to the supreme power of the state, which is vested in th« estates in parliament." Here again we are to be conjured out of our senses by the magic in the words " British empire," and " supreme power of the state." But however it may sound, I say we are not a part of the British empire ; because the British government is not an empire. The governments of France, Spain, &c. are not em- cjir- and ii this case new ■f r^i ■ ht ■I r '. I I » i, fe ''WM I » *■ ."1, ' \ 'mi mmm ' 84 'ii \,m- ' •■:^: ; M'-' pires, but monarchics,snpi)08ed to be governed by fixed fundamen- tal laws, tUoiiffh not really. The British government is still less intited to the ftyle of an empire : it is a limited monarchy. If Aristotle, Li\ y, and Harrington knew what a republic was, the British constitiiti.on is much more like a republic, than an empire. They define a republic to be a government ttf lawn, and not of men. If this definition is just, the British constitution b nothing more nor less than a republic, in which the king is first magis- trate. This oflice being hereditary and being possessed of such ample and splendid prerogaiives,is no objection to the government'? beiiiif a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right te defend. An em- pire is a despotism, and an emperor a despot, botuid by no law or imitation, but his own will :. it is a stretch of tyranny beyond ab- eoliile monarchy. For altliougli the will of an absolute monarch is law, yet his edicts must l)e registered by parliaments. Even this forn»aiity is not necessary in an empire. There the maxim is (jund priucipi plncuit^ legis huhcl vigorem, even witiioul having that will and pleasure recorded. There are but three empires now in Europe, the German, or holy Roman, the llassian and the OttitUKMI. There is another sense indeed, in which the word empire is UPed, in which it may be applied to the goveinmcnt of Geneva, or any other repul)lic, as wel' as to monarchy, m- (k'>|>i)tism. In this sense it is s^Mionitnnus with government, rile, or dominion. In this sense, we are within the dominion, rule, or government of the king of Great Britain. The (juestion should be, v.'hether we are a part of the kingdom ef Great Britain: this is the only language, known in English laws. We are not then ii part of the British kingdom, realm or state ; and therefore the supreme power of the kingdom, realm or state, is not upon these principles, the supreme power of us. That " supreme power over America is vested in the estates in parliament," is an affront to us ; for there is not an acre of Amer- ican land represented there — there are no American estates in parliament. To say that we '• must be" subject, seems, to betray a con- sciou«i!e^-<, tliat we are not by any law or upon any principles, l)Ut those of mere power ; and an opinion that we ought to be or that it is necessary that we should be. But if this shouhl be, ad- mitted, for argument's sake only, what is the consequence ? The r,onse((uences that may fairly be drawn are these : — That Britain hai been impru;ieiit enough to let colonies be planted, until they are b'M-.ome numerous and important, without ever having wis- dom enough to concert a plan for their government, consistent with her own welfare : that now it is neccessary to make them sr.bniit to the authority of parliament : and because there is no (innciple of law or justice, or reason, by which she can eflfect it; therefore sh(! will resort to war and conquest — to the maxim ddcndii est Carthago. These are the consequences, according to n\- this writer's idea. We think tho consequences nrc, that she has after 150 years, discovered a defect in her jrovernment, which ought to he suppHed by some just and reasonable means ; that is, by the consent of the colonics ; for metaphysicians and politicians may dispute forever, but they will never find any other moral principle or foundation of rule or obedience, than the consent of governors and governed. She has found out that the great ma- chine will not go any longer without u new wheel. She will make this herself. We think she is making it of such materials and workmanship as will tear the whole machine to pieces. We are willing if she can convince us of the necessity of such a wheel, to assist with artists and materials, in making it, so that it may answer the end. But she says, we shall have no share in it ; and if we will not let her patch it up as she pleases, her Massachusettensis and other advocates tell us, she will tear it to pieces herself, by cutting our throats. To this kind of reasoning we can only an- swer, that we will not stand still to he butchered. We will de- feud our lives as long as providence shall enable us. "• It is beyond doubt, that it was the sense both of the parent country and our ancestors, that they were to remain subject to par- liament." This has been often asserted, and as often contradicted, and fully confuted. The confutation may not, however, have come to eve- ry eye which has read this newspaper. Tlie public acts of kings and ministers of state, in that age, when our ancestors emigrated, which were not complained of, re- monstrated and protested against by the commons, are looked upon as sufficientproof of the "sense" of the parent country. The charter to the treasur-'. and company of Virginia, 23d March, IGOi), grants ample power of government, legislative, executive and judicial, and then contains an express covenant " to and with the said treasurer and ccmpany, their successors, factors and assigns, that they, and every of them, shall be free from all taxes and impositions forever, upon any goods or merchandizes, at any time or times hereafter, either upon importation thither, or exportation from thence, into our realm of England, or into any other of our realms or dominions." 1 agree with this writer, that the authority of a supreme legis- lature, includes the right of taxation. Is not this (juotation then an irresistible proof, that " it was not the sense of kmg James or his ministers, or of the ancestors of the V^irginians, that they were to remain subject to parliament as a supreme legislature ?" After this, James issued a proclamation, recalling the patent, but this was never regarded. Then Charles issued another pro- clamation, which produced a remonstrance from Virginia, which was answered by a letter from the lords of the privy council, !22d July, 1634, containing the royal assurance that "all their estates, trade, freedom, and privileges should be en- joyed by them, in as extensive a manner, as they enjoyed them before those proclamations." } '. ■ ! ■ '^ u 86 Here 19 another evidence of the. sense of the king and his nninis- tcr.i. Afterwards parliament sent a squadron of ships to Virginia; the colon}' rose in open resistance until the parliamentary commission- ers granted them conditions, that they should enjoy the privileges of Englishmen; that their assembly should transact the affairs of the colonies ; that they should have a free trade to all places and nations, as the pcojile of England ; and fourthly, that " Virginia shall he free from all taxes^ customs, and impositions whatever, and none shall he imposed on them without consent of their general jr»sembly ; and that neither forts nor castles be erected, or garri- sons maintained, without their consent." One would think this was evidence entiugh of the sense both of the parent country and our ancestors. After the acts of navigation were passed, Virginia sent agents to England, and a remonstrance against those acts. Charles, in an- swer, sent a declaration under the privy seal, 19th April, 1676, athrminjr, " that taxes ought not to he laid upon the inhabitants and proprietors of the colony, hut by the common consent of the general assembly ; except such impositions as the parliament should lay on the commodities imported into England from the colony." And he ordered a charter, under the great seal, to se- cure this right to the Virginians What becomes of the "sense" of the parent coTintry and our ancestors? for the ancestors of the Virginians are our auci'.stors, when we speak of ourselves as Americans. From Virginia let us pass to Maryland, Charles 1st, in l(i.'53, gave a charter to the baron of Baltimore, containing ample powers of government, and this express covenant : " to and with the said lord Baltimore, his heirs and assigns, that we, our heirs and successors, shall at no time hereafter, set or make, or cause to be set any imposition, custom, or other taxation, rate, or contribution whatsoever, in und uj'on the dwellings and inhabitants of the aforesaid province, for their lands, tenements, goods or chattel:*, within the said province j or to be laden or unladen, within the ports or harbours of the said province." What then was the "sense" of the parent country, and the an- cestors of Maryland? liut if by " our ancestors," he confines his idea to >iew England or this province, let us consider. The first planters of Plymouth were our ancestors in the strictest sense. They had no charter or patent for the land they took possession of, and derived no authority from the English parliament or crown, to set up their government. They purchased land of the Indians, and set up a government of tlieir own, on the simple principle of nature, and afterwards purchased a patent for the land of the council at IMymouth, but never purchased any charter for govern- ment of the crown, or the king, and continued te exercise all the powers of government, legislative, executive and judicial, upon ihe plain ground of an original contract am'ong ri dependent iudi- 87 viduaU for 68 years, i. e. until their incorporation with Massnchu letts by our present charter. The same may be said of the colo* Dies which emigrate< v^ / ^ ^ NT ^'> '/ .^^.^V %.^^ Photographic Sciences Corporation 33 WEST MAIN STREET WEBSTER, N.Y. 14S80 (716) 873-4503 ^ \ iV :\ \ 4^ «>^ C^ mmmm 9e {■hit an original, express contract with king William, as well as the people of England. If it follows from thence, that he appears king of the Massa- chusetts, king of Rhode-Island, king of Connecticut, &c. thi« is no absurdity at ail. He will appear in this light, and does ap- pear so, whether parliament has authority over us or not. He is king of Ireland, 1 suppose, although parliament is allowed to have authority there. As to giving his majesty those titles, I have no objection at all : I wish he would be graciously pleasecT to assume them. The only proposition in all this writer's long string of pretend- ed absurdities, which he says follows from the position, that we are distinct states, is this : That, " as the king must govern each state by its parliament, those several parliaments would pursue the particular interest of its own state ; and however well dis- posed the king might be to pursue a line of interest that was common to all, the checks and controul that he would meet with, would render it impossible." Every argument ought to be al- lowed its full weight : and therefore candour obliges me to ac- knowledge, that here lies all the ditficulty that there is in thi« whole controversy. There has been, from first to last, on both sides of the Atlantic, an idea, an apprehension that it was neces- sary, there should be some superintending power, to draw to- gether all the wills, and unite all the strength of the subjects in all the dominions, in case of war, and in the case of trade. The necessity of this, in case of trade, has been so apparent, that, as has often been said, we have consented that parliament should exercise such a power. In case of war, it has by some been thought necessary. But, in fact and exparience, it has not been found so. What though the proprietary colonies, on account of disputes with the proprietors, did not come in so early to the as- sistance of the general cause in the last war, as they ought, and perhaps one of them not at all ! The inconveniences of this were small, in comparison of the absolute ruin to the liberties of all which must follow the submission to parliament, in all cases, which would be giving up all the popular limitations upon the government. These inconveniences fell chiefly upon New Eng- land. She wns necessitated to greater exertions : but she had , rather suffer these again and again, than others infinitely greater. However this stiljoct has been so long in contemplation, that it is fully understood now, in all the colonies ; so that there is no dan- ' ger in c;ise of another war, of any colonie's failing of its duty. * But admitting the proposition in its full force, that it is abso- lutely necessary there should be a supreme power, co-extensive with all the dr.r.Miiions, will it follow that parliament, as now con- stituted, h;\s a right to assume this supreme jurisdiction ? By no means. A union of the colonies might be projected, and an American legislature ; tor, if Amruica has 3,000,000 people, and the whole I m ■ " 91 dominiona 12,000,000, she ought to send a quarter part of all the members to the house of commons, and instead of holding par- liaments always at Westminster, the haughlj^ members for Great Britain must humble themselves, one session in four, to cross the atlantic, and hold the parliament in America. There is no avoiding all inconveniences in human affairs. The greatest possible or conceivable would arise from ceding to par- liament power over us, without a representation in it. The next greatest would accrue from any I'hm (hat can be dev'sed for a representation there. The least of all would arise from going en as we begun, and fared well for 150 yeaw, by letting par- liament regulate trade, and our own assemblies all other matters. As to "the prerogatives not being defined, or limited," it is as much so in the colonies as in Great Britain, and as well understood, and as cheerfully submitted to in the former as the latter. But " where is the British constitution, that we all agree we are entitled to ?" I answer, if we enjoy, and are entitled to more liberty than the British constitution allows, where is the harm ? Or, if we enjoy the British constitution in greater purity and perfection than they do in England, as is really the case, whose fault is this ? Not ours. We may find all the blessings " of this constitution in our pro- vincial assemblies." jQur houses of Representatives have, and ought to exercise, every power of the House of Commons. The first charter to this colony is nothing to the present argument ; but it did grant a power of taxing the people, implicitly, though not in express terms. It granted all the rights and liberties of Englishmen, which include the power of taxing the people. " Our council boards," in the royal governments, *' are des- titute of the noble independence and splendid appendages of peerages." Most certainly : they are the meanest creatures and tools in the political creation ; dependent every moment for their existence on the tainted breath of a prime minister. But they have the authority of the house of lords, in our little models of the English constitution ; and it is this which makes them so great a grievance. The crown has really two branches of our legislature in its power. Let an act of parliament pass at home, putting it in the power of the king, to remove any peer from the house of lords at his pleasure, and what will become of the Brit- ish constitution ? It will be overturned from the foundation. Yet we are perpetually insulted, by being told, that making our council by mandamus, brings us nearer to the British constitution. In this province, by charter, the council certainly hold their seats for the year, after being chosen and approved, independent of both the other branches. For their creation, they are equally obliged to both the other branches ; so that there is little or no bias in favour of either, if any, it is in favour of the prerogative. In short, it is not easy without an hereditary nobility, to constitute a council more independent, more nearly resembling the house of ill? ■ ' -n :.•'', • -m m ■v^; mi m ■■i--. •I; 92 i\ W%A '« . li lords, than the council of this province has ever been by charter. But perhaps it will be said that we are to enjoy the British con- stitution in our supreme legislature, the parliament, not in our provincial legislatures. To this 1 answer, if parliament is to be our supreme legislature, we shall be under a complete oligarchy or aristocracy, not the British constitution, which this writer himself defines a mixture of monarchy, aristocracy, and democracy. — For king, lords and commons will constitute one great oligarchy, as they will stand related to America, as much as the decemvirs did in Rome ; with this difference for the worse, that our rulers are to be three thousand miles off. The definition of an oligarchy, is a govern- ment by a number of grandees, over whom the people have no controul. The states of Holland were once chosen by the peo- ple frequently; then chosen for life. Now they are not chosen by the people at all. When a member dies, his place is filled up, not by the people he is to represent, but by the states. Is not this depriving the Hollanders of a free constitution, and subjecting them to an aristocracy, or oligarchy ? Will not the government of America be like it ? Will not representatives be chosen for them by others, whom they never saw nor heard of ? If our provincial constitutions are in any respect imperfect and want al- teration, they have capacity enough to discern it, and power enough to effect it, without the interposition of parliament. There never was an American constitution attempted by parlia- ment, before the Quebec bill and Massachusetts bill. These are such samples of what they may, anu probably will be, that few Americans are in love with them. However, America will never allow that parliament has any authority to alter their constitution at all. She is wholly penetrated with a sense of the necessity of resisting it, at all hazards. ' And she would resist it, if the con- stitution of the Massachusetts had been altered as much for the better, as it is for the \yorse. The question we insist on most is not whether the alteration is for the better or not, but whether parliament has any right to make any alteration at all. And it is the universal sense of America, that it has none. We are told that " the provincial constitutions have no prin- ciple of stability within themselves." This is so great a mistake, that there is not more order, or stability in any government upon the globe, than there ever has been in that of Connecticut. The same may be said of the Massachusetts and Pennsylvania ^ and indeed of the others very nearly. " That these constitutions in turbulent times would become wholly monarchial, or wholly re- publican ;'• they must be such times as would have a similar effect upon the constitution at home. But in order to avoid the danger of this, what is to be done ? Not give us an English con- stitution, it seems, but make sure of us at once, by giving us con- .stitutions wholly nionarchical, annihilating our houses of repre- sentatives first, by taking from them the support of goverament, &c. \ 93 and then making the councils and judges wholly dependant on the crown. That a representation in parliament is impracticable we all agree : but the consequence is, that we must have a represen- tation in our supreme legislatures here. This was the conse- quence that was drawn by kings, ministers, our ancestors, and the whole nation, more than a century ago, when the colonies were first settled, and continued to be the general sense until the last peace ; and it must be the general sense again soon, or Great Britain will lose her colonies. " This is apparently the meaning of that celebrated passage in Gov Hutchinson's letter, that rung through the continent, viz. *'• There must be an abridgment of what is called English lib- erties." But all the art and subtlety of Massachusettensis will never vindicate or excuse that expression. According to this writer, it should have been " there is an abridgment of English liberties, and it cannot be otherwise." But every candid reader must see that the letter writer had more than that in his view and m his wishes. In the same letter, a little before, he says, " what marks of resentment the parliament will shew, whether they will be upon the province in general, or particular persons, is extremely uncertain ; but that they will be placed somewhere is most certain, and 1 add, because I think it ought to be so." Is it possible to read this without thinking of the port bill, the charter bill, and the resolves for sending persons to England by the stat- ute of Henry VIII. to be tried ! But this is not all. " This is most certainly a crisis," says he, &c. " If no measure shall have been taken to secure this dependence, (i. e. the dependence which a colony ought to have upon the parent state) it is all over with us." " The friends of government will be utterly dis- heartened ; and the friends of anarchy will be afraid of nothing, be it ever so extravagant." But this is not all. " I never think of the measures necessary fci th? peace and good order of the colonies without pain." " There must be an abridgment of what are called English liberties." Wh?.t could he mean ? Any thing less than depriving us of trial by jury ? Feriiaps he wanted an act of parliament to try persons here for treason by a court of admiralty. Perhaps an act that the province shoold be governed by a governor and a mandamus council, without an house of rep- resentatives. But to put it out of all doubt that his meaning was much worse than Massachusettensis endeavors to make it, he ex- plains himself in a subsequent part of the letter, " I wish," says he, " the good of the colony, when I wish to see some further restraint o*' liberty.'''' Here it is rendered certain, that he is pleading for a further restraint of liberty, not explaining the restraint, he appre bended the constitution had already laid us under. My indignation at this letter, has sometimes been softened by compassion. It carries on the face of it evident marks of mad- ness. It was written in such a transport of passions, amfttU'on and I*'-'! , 'a. ^1 :#^ i) 'M i ¥T 1, i! 94 revenge chiefly, that his reason was manifestly overpowered The vessel was tost in such a hurricane, that she could not feel her helm. Indeed, he seems to have had a confused conscious- ness of this himself. Pardon me this excursion, says he, it really proceeds from the state of mind into whieh our perplexed affairs often throws me." " It is our highest interest to continue a part of the British empire ; and equally our duty to remain subject to the authority of parliament," says Massachusettensis. We arc a part of the British dominions, that is of the king of Great Britain, and it is our interest and duty to continue so. It is equally our interest and duty to continue subject to the authority of parliament, in the regulation of our trade, as long as she shall leave us to govern our internal policy, and to give and grant our own money, and no longer. This letter concludes with an agreeable flight of fancy. Th« time may not be so far off, however, as this writer imagines, when the colonies may have the balance of numbers and wealth in her favour. But when that shall happen, if we should attempt to rule her by an American parliament, without an adequate rep- resentation in it, she will infallibly resist us by her arms. NOVANGLUS. .;i I ADDRESSED To the Inhabitants of the Colony of Massachusetts Bay, March 13, 1775. MV FRIENDS, IT has been often observed by me, and it cannot be too often repeated, that colonization is casus omissus at common law. There is no such title known in that law. By common law, I mean that saystem of customs, written and unwritten, which was known and m force in England, in the time of king Richard 1st. This continued to be the case, down to the reign of Elizabeth^ and king James 1st. In all that time, the laws of England were confined to the realm, and within the four seas. There was no provision made in this law for governing colonies beyond the Atlantic, or beyond the four seas, by authority of parliament, no nor for the king to grant charters to subjects to settle in foreign countries. It was the king^s prerogative to prohibit the emigra- tion of any of his subjects, by issuing his writ 7ie exeat regno. And therefore it was in the king's power to permit his subjects to leave the kingdom, i Hawk. P. C. c. 22. § 4. " It is a high 95 to cr'fne to disobey the king's lawful commands, or prohibitions, as not returning from beyond sea, upon the king's letters to that purpose ; for which the offender's lands shall be seized until he return ; and when he does return, he shall be fined, kc. or going beyond sea, against the king's will, expressly signified, either by the writ ne exeat regno^ or under the great or privy seal, or signet, or by proclamation." When a subject left the kingdom, by the king's permission, and if the nation did not remonstrate against it, by the nation's permission too, at least connivance, he carried with him, as a man, all the rights of nature. His alle> giance bound him to the king, and entitled him to protection But how ? not in France ; the king of England was not bound to protect him in France, nor in America ; not in the dominions ol Leivis, nor of Passaehus, or Massachusetts. He had a right to protection, and the liberties of England upon bis return there, not otherwise. How then do we. New Englandmen, derive our laws t I say, not from parliament, not from common law, but from the law of nature, and the compact made with the king in our charters. Our ancestors were entitled to the common law of England, when they emigrated, that is, to just so much of it as they pleased to adopt, and no more. They were not bound or obliged to submit to it, unless they chose it. By a positive prin- ciple of the common law, they were bound, let them be in what part of the world they would, to do nothing against the alle> giance of the king. But no kind of provision was ever made by common law, for punishing or trying any man, even for treason, committed out of the realm. He must be tried in some county of the realm, by that law, the county where the overt-act was done, or he could not be tried at all. Nor was any provision ever made, until the reign of Henry VIU. for trying treasons committed abroad, and the acts of that reign v/ere made on purpose to catch cardinal Pole. So that our ancestors, when they emigrated, having obtained permission of the king to come here, and being never commanded to if>turn into the realm, had a clear right to have erected in this wilderness a British constitution, or a perfect democracy, or any other form of government they saw tit. They indeod, wiiiit* they lived, could not have taken arms against the king e?' Eng- land, without violating their allegiance, but their children would not have been born within the king's allegiance, would not have been natural subjects, and consequently not entitled to protection, or bound to the king. Massachusettensis, Jan. 16, seems possessed of these idea?, and attempts in the most aukward manner, to get rid of thorn, lie is conscious that America must be a part of the realm, before it cau be bound by the authority of parliament; and tberelore is obli- ged to suggest, that we are annexed to the realm, atul to endeav- our to confuse himself an 1 his readers, by confounding the realm, with the empire and dominions. vf ■ I it •m m : ■m m iV.fi..l 1 0¥?1 96 :'-'i-i But will any man soberly contend, that America was ever an- nexed to the realm ? to what realm ? When'JVew England was settled, there was a realm of England, a realm of Scotland, and a realm of Irclanver passed to annex America. But if New-Enj.,land was an- nexed to the reahn of England, how came she annexed to the realm of, or kingdom of Great Britain? The two realms of Eng- land and Scotland were, by the act of union, incorporated into one kingdom by the name of Great Britain : but there is not one word about America in that act. Besides, if America was annexed to the realm, or a part of the kingdom, every act of parliament that is made, v/ould extend to It, named or not named. But every body knows that every act uf parliament, and every other record, constantly distinguishes between this kingdom, and his majesty''s other dominions. Will it be said that Ireland is annexed to the realm, or a part of the kingdom of Great Britain ? Ireland is a distinct kingdom, or realm, by itself, notwithstanding British parliament claims a rip^ht of binding it in all cases, and exercises it in some. And even so the Massachusetts is a realm, New York is a realm, Pennsylvania another realm, to all intents and purposes, as much as Ireland is, or England or Scotland ever were. The king of Groat Britain is the sovereign of all these realms. This writer says, " that in denying that the colonies are an- nexed to the realm, and subject to the authority of parliament, individuals and bodies of men subvert the fundamentals of gov- ornment, deprive us of British liberties, and build up absolute njonarchy in the colonies." This is the fast time that I ever heard or read that the col- onies are ntmcxod to the realm. It is utterly denied that they are, and that it is possible they should be, without an act of par- liament, and acts of the colonies. Such an act of parliament can- not be pro(hiC(Hl, nor any such law of any one colony. Therefore iis this writer builds the whole authority of parliament upon this fact, viz : That the colonies are annexed to the realm, and as it is certain they never were so annexed, the consequence is, that his whole superstructure i'alls. When ho say:*, that they subvert the fundamentals of govern- ment, he begs the question. We say that the contrary doc- trines subvert the fundamentals of government. When he says that they deprive us of British liberties, he begs the question agsiin. We sny that tlic contrary doctrine deprives us of English liberties. : ji's to British liberties, we scarcely know what they are, as the liberties of E>ngland and Scotland are not precisely the same to Ihi* day. Kngli--h liberties are but certain rights of ua- i ;an- rn- loc- Isays Mion they the ua- 97 turOf reserved to the citizen, by the EnjGflish constitution, which rights cleaved to our ancestors, when they crosoed the Atlantic^ and would have inhered in them, if instead of comint; to New* England they had gone to Outaheite, or Patagonia, even atthongh they had taken no patent or charter from the king at all. These rights did not adhere to them the less, for their purchasing pa- tents and charters, in which the king expressly stipulates with them, that they and their posterity should forever enjoy all those rights and liberties. The human mind is not naturally the clearest atmosphere ; but the clouds and vapours which have been raised in it, by the artifices of temporal and spiritual tyrants, have made it impossible to see objects in it distinctly. Scarcely any thing is involved ia more systematical obscurity, than the rights of our ancestors, when they arrived in America. How, in common sense, came the dominions of king Philip, king Massachusetts, and twenty other sovereigns, independent princes here, to be within the al- legiance of the kings of England, James and Charles ? America was no more within the allegiance of those princes, by the com- mon law of England, or by the law of nature, than France and Spain were. Discovery, if that was incontestable, could give no title to the English king, by common law, or by the law of nature, to the lands, tenements, and hereditaments of the native Indiians here. Our ancestors were sensible of this, and therefore hon- estly purchased their lands of the natives. They might have bought them to hold allodially, if they would. But there were two ideas, which confused them, and have con- tinued to confuse their posterity, one derived from the feudal, the other from the canon law. By the former of these sys- tems, the prince, the general, was supposed to be sovereign lord of all the lands, conquered by the soldiers in his army ; and upon this principle, the king of England was considered in law as sove- reign lord of all the land within the realm. If he had sent an army here to conquer king Massachusetts, and it had succeeded, he would have been sovereign lord of the land here upon these principles ; but there was no rule of the common law, that made the discovery of a country by a subject, a title to that country in the prince. But conquest would not have annexed the country to the realm, nor have given any authority to the parliament. But there was another mist cast before the eyes Of the English nation from another source. The pope claimed a sovereign pro- priety in, as well as authority over the whole earth. As head of the christian church, and vicar of God, he claimed this authority over all Christendom ; and, in the same character, he claimed a right to all the countries and possessions of heathens and infidels : a right divine to exterminate and destroy them at his discretion, in order to propagate the catholic faith. When king Henry VIII. and his parliament, threw off the authority of the pope, stripped his holiness of his supremncv. and invested it in himself by an in ■ i: ^:i .-« m • ■•■"a ^.■'.' $:■".■> I 'r 'i M •J» lit oJ* paiiiinjeiit, lie and his courtiers seemed to think that all the iii?hl9 of the holy see were transferred to him ; and it was a union of these two, the most impertinent and fantastical ideas that ever got into im human pericranium, viz : that as feudal sovc- reijfn and supreme head of the church together, a king of Eng- land had a right to all the land their suhjecta could tind, not pos- sessed by any christian state, or prince, though possessed by heathen or iiiiidcl nations, which seems to have deluded the na- tion about the tune of the settlement of the colonies. But none of these ideas gsive or inferred any right in parliament, over the new countries conquered or discovered ; and therefore denying Uiat the colonies are a part of the realm, and that as such they are subject to parliament, by no means deprives us of English liberties. Nor does it " build up absolute monarchy in the col- onies," For admitting these notions of tlie common and feudal law to have been in full force, and that the king was absolute in America, when it was settled ; yet he had a right to enter into a contract with his subjects, and stipulate that they should enjoy all the rights and liberties of Englishmen forever, in consideration of their undertnking to clear the wilderness, propagate Chris- tianity, pay a tilth part of ore, &c. Such a contract as this has been made with all the colonies; royal governments, as well as charter ones. For the commissions to the goverenors contain the plan of the government, and the contract between the king and subject, in the former, as muck as the charters in the latter. Indeed this was the reasoning, and upon these feudal and cath- olic principles in the time of some of the predecessors of Massa- chusettensis. This was the meaning of Dudley, when he asked, " Do you think that English liberties will follow you to the ends of the earth ?" His meaning was, that English liberties were confined to the realm, and out of that the king was absolute. But this was not true ; for au English king had no right to be ab- solute over Englishmen, out of the realm, any more than in it ; and they wore released from their allegiance, as soon as he de- prived them of their liberties. But " our charters suppose regal authority in the grantor." True thev suppose it, whether there was any or not. " If that authority be derived from the British (he should have said Eng- lish) crown, it presupposes this territory to have been a part of the British (he should have said English) dominion, and as such subject to the imperial sovereign. How can this writer shew this authority to be derived from the English crown, including in the idea of it lords and commons ? Is there the least color for such an authority, but in the popish and feudal ideas before men- tioned ? And do these popish and feudal ideas include parliament? Was parliament, were lords and commons parts of the head of the church, or was parliament, that is, lords and commons, part of the sovereign feudatory ? Never. But why was this authority derived from the English, any more than the Scottish or Irish » 99 crown ? It is true the land was to be hold in soccflf^e, like tht manor of 'E»At Grecnwif * ; but tiiis was compact, and it might have been as well to hold, as they held in Qlii«)^ow or Dublin. But, says this writer, "if that authority was vested in the per- son of the king in a different capacity, the liritisih constitution and laws are out of the question, and the king must be absolute as to us, as his prerogatives have never been limited.'^ Not the prerogatives limited in our charters, when in every one of them all the rights of Englishmen are secured to us ! Are not the rights of Englishmen sufficiently known, and are not the prerog« atives of the king among those rights ? As to those colonies which are destitute of charters, the com- missions to their governors have ever been considered as equiv- alent securities, both for property, jurisdiction, and privileges, with charters ; and as to the power of the crown being absolute in those colonies, it is absolute no where. There is no funda- mental or other law, that makes a king of England absolute any where, except in conquered countries ; and an attempt to assume such a power, by the fundamental laws, forfeits the prince's right even to the limited crown. As to " the charter governments reverting to absolute mon- archy, as their charters may happen to be forfeited, by the gran- tees not fulfilling the conditions of them ;" 1 answer, if they could be forfeited, and were actually forfeited, the only conse- quence would be, that the king would have no power over them at all. He would not be bound to protect the people, nor, that I can see, would the people here, who were born here, be, by any principle of common law, bound even to allegiance to the king. The connection would be broken between the crown and the na- tives of the country. It has been a great dispute whether charters granted within the realm, can be forfeited at all. It was a question debated with infinite learning, in the case of the charter of London : it was ad- judged forfeited, in an arbitrary reign : but afterwards, after the revolution, it was declared in parliament, not forfeited, and by an act of parliament made incapable of forfeiture. The charter of Massachusetts was declared forfeited too. So were other Amer- ican charters. The Massachusetts alone, were tame enough to give it up. But no American charter will ever be decreed for- feited again, or if any should, the decree will be regarded no more, than a vote of the lower house of the robinhood society. The court of chancery has no authority without the realm ; by common law, surely it has none in America. What ! the priv- ileges of millions of Americans depend on the discretion of a lord ehancellor ? God forbid ! The passivity of this colony in re- ceiving the present charter, in lieu of the first, is, in the opinion of some, the deepest stain upon its character. There is less to be said in excuse for it, than the witchcraft, or hanging the Qua- kers. A vast party in the province were against it at the time. ■■111 •if •>:.l. ■y^ m ^i> li I 100 I'l'S tii) and thou((ht thcmBclvcs betrnycd by their agent. It has been a wui'iiinii; to tliuir posterity, and one principal motive with the peo- ple, never to trust any at^ent with power to concede away their privilc£fPH again. It may as well be pretended that the people of Great Britain can forfeit their privileges, as the people of this province. If the contract of state is broken, the people and king of England must recur to nature. It is the same in this pro- vince. We shall never more submit to decrees in chancery, or acts of parliament, annihitatigg charters, or abridging English liberties. Whether Massachusettensis was born as a politician, in the year 1764, I knew not : but he often writes as if he know nothing of that period. In his attempt to trace the denial of the supreme authority of the parliament, be commits such mistakes, as a man of age, at that time, ought to blush at. He says, that '•'• when the stamp act was made, the .uthority of parliament to impose ex- ternal taxes, or, in other words, to lay duties upon goods and mer- chandize was admitted,^' and that when the tea act was made, •' a new distinction was set up, that parliament had a right to lay duties upon merchandize, for the purpose of regulating trade, but not for the purpose of raising a revenue." This is a total mis- apprehension of the declared opinions of people at those times. The authority of parliament to lay taxes for a revenue has been always generally denied. And their right to lay duties to reg- ulate trade, has been denied Iv- ;^^^ 104 % m >£ I \»i :^: li: homage, &c. from the prince of Wales. But yet Wales was not parcel of the realm or kingdom, nor bound by the laws of Eng- land. I mention, and insist upon this, because it shews, that al- though the colonics are bound to the crown of England, or, in other words, owe allegiance to whomsoever is king of England ; yet it does not follow that the colonies are parcel of the realm or kingdom, and bound by its laws. As this is a point of great importance, I must beg pardon, however unentertaining it may be, to produce my authorities. Comyns digest, v. 5. page 626. Wales was always feudatory to the kingdom of England. Held of the crown, but not parcel. Per Cook. 1 Roll. 247. 2 Roll. 29. And therefore the kings of Wales did homage, and swore fealty to H. 2. and John and H. 3. And 11 Ed. 1. Upon the conquest of Lewellyn, prince or king of Wales, that principality became a part of the dominion of the realm of England. And by the statute Walliae 12 Ed. 1. It was annexed and united to the crown of England, tanquam partem corporis ejusdem^ &c. Yet if the statute Walliae, made at Rutland 12 Ed. 1. was not an act of parliament (as it seems that it was not) the incorporation made thereby was only an union jure feudally et non jure proprietatis.^^ " Wales, before the union with England, was governed by it» proper laws," &c. By these authorities it appears, that Wales v/as subject, by the feudal law, to the crown of England, before the conquest of Le- wellyn ; but not subject to the laws of England ; and indeed after this conquest, Edw;ird and his nobles, did not seem to think it subject to the English parliament, but to the will of the king as a conqueror of it in war. Accordingly that instrument which is called Slatutum Walliae, and to be found in the appendix to the statutes \ 3, ultliough it was made by the advice of the peers, or officers of the army more properly, yet it never was passed as an act of parliament, but as an edict of the king. It begins not in the stile of an act of parliament. Edwardus Dei gratia Rex Angliae, Do minus Hybcrniae, et Dux Jlquitaniae, omnibus Jidelibus suis., &c. in Wallia, Divina providentia, quae in sui dispositione, says he, nonfallitur, inter alia dispensntionis suae munera, quibus nos et Regnnm nostrum Angliae decorare dignata est, terrain Wal- liae, cum, iricolis suis, prius, nobis, jure feudali subjectam, jam sui gratia, in proprietatis nostrae dominium, obstaculis quibuscumque cessantibus, totalitcr, et cum integritate convertit, et coronas regni praedicti, tanquam partem corporis ejusdem annexuit et univit. Here is the most certain evidence that Wales was subjec- to the kings of England by the feudal law before the conquest, though not bound by any laws but their own. 2d. That the con- quest was considered, in that day, as conferring the property, as well iis juiiscliction of Wales to the English crown. 3. The con quest was considoreil as annexing and uniting Wales to the Enc;;- as :on 105 lish croirn, both in point of property and jurisdiction, as a part of one body. Yet notwithstanding all this, parliament was not con- sidered as acquiring any share in the government of Wales by this conquest. If, then, it should be admitted that the colonies are all annexed and united to the crown of England, it will not folloiv that lords and commons have any authority over them. This statutum Walliae, as well as the whole case and history of that principality, is well worthy of the attention and study of Americans, because it abounds with evidence, that a country may be subject to the crown of England, without being subject to the lords and commons of that realm, which entirely overthrows the whole argument of Gov. Hutchinson, and of Massachusettensis, in support of the supreme authority of parliament, over all the dominions of the imperial crown. ^' ^"0$ itaque, &c. says King Edward 1 . volentes predictam terrain.) &c. sicut et caeteras ditiuni nostrae subjectas^ &LC. mbdebito regimine gubeniari, ci incolas scu habitatores terrarum illarain^ qui alto et basso^ se submiserunt vol- untati nostrae, et quos sic ad nostrum receviinus voluntatem^ certis legibus et consuetudinibiis^ &c. tractari leges., et coasuetudines^ par- turn illarum hactenus usitaias coram nobis et proceribus regni nostri fecimus recitari^ quibus diligcntcr auditis, et plenus intellectis, qtias- dam ipsarum de concilio proccruin predictoruin delevimtis, quasdam permisimus, et quasdam correximus^ et etiam quasdam alias adjun- gendas et statuevdas decrevimus, et cos, &c. observari volumus in forma stibscripta. And then goes -^ to prescribe and establish a whole code of laws for the principality, in the style of a sole legislature, and concludes, Et idea vobis mandamus., quod premissa de cetero in omnibus fir- miter observatis. Ita tamen quod quotiescunque., et quandocunque, et ubicunque, nobis placuerit^ possiinus predicta statuta et coram partes singulas declarare, interpretari^ addere sive diminuere^ pro nostra libito voluntatis., et prout securitati nostrae et terrae 7wstrae predictae viderimus expedire. Here is then a conquered people submitting to a system of laws framed by the mere will of the conqueror, and agreeing to be forever governed by his mere will. This absolute monarch, then, might afterwards govern this country, with or without the advice of his English lords and commons. To shew that Wales was hold before the conquest of Lewellyn, of the king of England, although governed by its own laws, hear lord Coke, Inst. 194, in his commentary on the statute of West- minster. " At this time, viz. in 3 Ed. 1. Lewellyn was a prince or king of Wales, who held the same of the king of England^ as his superior lord, and owed him liege homage and fealty ; and this is proved by our act, viz ; that the king of England was superior dominus., i. e. soveieign lord of the king: I M Lord Coke, in 4 Inat. 239, says " Wales was sometime a realm, or kingdom, (re^lm from the French word royaume, and both a reji^ao) and governed per suas regalas^''* and afterwards, " but^ure Jcudali^'' the kingdom of Wales was holden of the crown of Eng- land^ and thereby, as Bracton saith, was suh poetstate regis. And 80 it continued until the 1 1th year of king Edward 1st. when he subdued the prince of Wales, rising against him, and executed him for treason." "The next year, viz. in the 12th year of king Edward 1. by authority of parliament, it is declared thus, spc'iking in the person of the king, as ancient statutes were wont to do, divinii providentin^'''' iic. as in the statute Walliae, before recited. Hut here is an inaccuracy, for the statutum Walliae was not at) act of parfiainenl, but made by the king with the advice of his oflicars of *he army, by his sole authority, as the statute itself sufficiently snews. " Note," says lord Coke, " diverse mon- archs hold their kingdoms of others jure feudali^ as the duke of Lombardy, Cicill, Naples, and Bohemia of the empire, Granado, Leoiitj of Aragon, Navarre, Portugal of Castile ; and so others." After this the Welch seem to have been fond of the English laws, and desirous of being incorporated into the realm, to be represented in pnrliament, and enjoy all the rights of English- men, as well as to be bound by the Enghsh laws. But kings were so fond of governing this principality by their discretion alone, that they never could obtain these blessings ujitil the reign of Henry Hth. and then they only could obtain a statute, which ena- bled the king to alter their laws at his pleasure. They did in- deed obtain in the 15 Ed. 2. a writ to call twenty-four members to the parliament at York from South Wales, and twenty-four from North Wales ; and again in the 20 Ed. 2. the like number of forty-eight members for Wales, at the parliament of West- minster. But lord Coke tells us " that this wise and warUke na- tion was long after the statutum IValliae not satisfied nor con- tented, and especially, for that they truly and constantly took part with their rightful sovereign and liege lord, king Richard 2d. ; m revenge whereof they had many severe and invective laws made against them in the reigns of Henry 4th. Henry 5th. &c. all which as unjust are repealed and abrogated. And to say the truth, this nation was never in quiet, until king Henry 7th. their own countryman, obtained the crown. And yet not so really re- duced In his time, as in the reign of his son, Henry 8th. in whose time certain just laws, made at the humble suit of the subjects of Wales, the principality and dominion of Wales was incorporated and united to the realm of England ; and enacted that every one born in Wales should enjoy the liberties, rights and laws of this realm, as any subjects naturally born within this realm should ]v.\\G and inherit, and that they should have knights of shires, and burgesses of parliament." Yet we see they could not obtain :iny security for their Hberties, for lord Coke tells us, "in the act of 31 Henry 8th. it was enacted, that the king's most royal liii'L, ?» 107 majesty should, from 4ime to time change, &c. all manner of things in that act rehearsed, as to his most excellont wisflom and dis- cretion should be thought convenient, and also to make laws and ordinances for the commonwealth of his said dominion of Wales at his majesty's pleasure. But for that, the subjects of the do- minion of Wales, &c. had lived in all dutiful si^ijection to the crown of England, &c. the said branch of the said statute of 34 Henry 8th. is repealed, and made void by 21 Jac. c. 10." But if we look into the statute itself of 27, Henry 8th. c. 2fi, we shall find the clearest proof, that being subject to the impe- rial crown of England, did not i-ntitle VVelchmen to the liberties of England, nor make them subject to the laws of England. " Al- beit the dominion, principality and country of Wales, justly and righteously is, and ever hath been incorporated, annexed, united, and subject to and under the imperial crotxn of this realm, as a very mem' ber and joint of the same ; wherefore, the king's most royal ma- jesty of mere droit, and very right, is very head, king, lord and ruler; yet notwithstanding, because that, in the same country, principality and dominion, diverse rights, visages, laws and cus- toms be far discrepant from the laws and customs of this realm, Sic Wherefore it is enacted, by king, lords and commons, '' that his" (i. e. the king's) said country or dominion of Wales shall be, stand and continue forever from henceforth, incorporated, united, and annexed to and with this, his realm of England; and that all and singular person and persons, born or to be born, in the said principality, country, or dominion of Wales, shall have, enjoy, and inherit, all and singular freedoms, liberties, rights, privileges, and laws withui this his realm, and other the king's dominions, as other the king's subjects naturally born within the same, have, enjoy, and inherit." § 2. Enacts that the laws of England shall be introduced and established in Wales : and that the laws, ordi- nances and statutes of this realm of England forever, and none other shall be used and practised forever thereafter, in the said dominion of Wales. The 27th § of this long statute enacts, that Commissioners shall inquire into the laws and customs of Wales, and report to the king, who with his privy council, are empow- ered to establish such of them as they should think proper. § 28 Enacts that in all future parliaments for this realm, two knights for the shire of Monmouth, and one burgess for the town, shall be chosen and allowed such fees as other knights and burgesses of parliament were allowed. § 29 Enacts that one knight shall be elected for every shire within the country or do- minion of Wales, and one burgess for every shire town, to serve in that and every future parliament to be holden for this realm. But by § 36 the king is empowerei-. to revoke, repeal and abro- that whole act, or any part of it, at any time within three gate ears. Upon this statute let it be observed, 1. That the language of Massachusettensis ^^ imperial crown is used in it:- and WiU^ijat ■:m'5 h' m^: ^^■k i^m i\ ••^t* ■c overlooked. " For the matter of the great seal, the judges shewed that the seal was alterable by the king at his pleasure, and he might make one seal for both kingdoms, for seals, coin, and leagues, and of absolute prerogative of the king without parliament, nor restrained to any assent of the people." " But for further resolution of this point, how far the great seal doth command out of Engliind, they made this dis- tinction, that the great seal was current for remedials, which growcth on complaint of the subjects, and thereupon writs are addressed under the great seal of England, whi^h writs arc lim- ited, their precinct to be within the places of the jurisdiction of the court, that was to give the redress of the wrong. And there- fore writs are not to go into Ireland nor the Isles, nor Wales, nor the counties palatine, because the king's courts here have not power to hold plea of lands, nor things there. But the great seal hath a power preceptory, to the person, which power extendeth to any place, where the person may be found." Ludlow's case, &c. who being at Rome, a commandment under the great seal was sent for him to return." So Bertie's case in queen Mary's time, and Inglefield'scase in queen Elizabeth's, the privy seal went to command them to return into the realm, and for not coming their lands were seized," &c. But to return to the point : " And as to the objection," says the book, " that none can be born a natural subject of two kingdoms, they denied that absolutely, for although locally, he can be born but in one, yet effectually, the allegiance of the king extending to both, his birthright shall extend to both." And afterwards, " but that his kingly power ex- tendeth to diverse nations and kingdoms, all owe him equal sub- jection, and are equally born to the benefit of his protection ; and although he is to govern them by their distinct laws^ yet any one of the people coming into the other, is to have the benefit of the laws, wheresoever he cometh ; but living in one, or for his live- lihood in one, he is not to be taxed in the other, because laws or- dain taxes, impositions, and charges, as a discipline of subjection particularized to every particular nation." Another place where this distinction is to be found is in Foster's crown law, p. 184. " There have been writers, who have carried the notion of natu- ral, perpetual, unalienable allegiance much farther than the sub- ject of this discourse will lead me. They say, very truly, that it is due to the person of the king, &c." It is undoubtedly due to the person of the king ; but in that respect natural allegiance differeth nothing from what we call local. For allegiance con- sidered in every light is alike due to the person of the king ; and is paid, and in the nature of things must be constantly paid, to that prince, who for time being, is in the actual and full possession of the regal dignity." Indeed allegiance to a sovereign lord, is nothing more than fe- -^i alty to a subordinate lord, 15 and in neither case, has any relation Hi m ■ fe w m i-i •1 Id' 1 J J f| 1 ill '" ii« ^'^ii |:; 11 1, '', ''ll t- ■fl '^ 'Vf. > y ft •11 1"? 'i9! j I'i! '51 !'a* 1! 114 to, or conricctioti with lawn or parliaments, lords or conii«on». 'I'horo was a rociprocal confidence bet»vef u the lord and vassal. The lonl was to |irotect the vassal in the enjoyment of his land. The vassal was to lie faithful to hi» lord, and defend him agciinst his enemies. 'I'liis obligation on the part uf the vassal, was hid lenity, yj(/p/t/«s. The oath of fealty, hy the feodal law to he ta- ken by the vandal or tenant, is nearly in the very words as the an- cient oath of allccfiance. lint neither fealty, allep'iance, or the oath of cither implied any thing about laws, parliaments, lords or com- mons. The fealty and allepfiancc of Americans then is undoubtf.dly -hie tc tin; person of kingf (jleor^e the third, whom God loTi!4 t't't'si^rvc and prospp.r. It is due to him, in his natural person, a* that nat- ural person is intituled to the crown, the kingly oflico, tin; royal land, Man, or any other case, which is known at common law, or in English history. There is no one precedent in point, in any English records, and therefore it can be determined only by eter- nal reason, and the law of nature. But yet that the analogy of all these cases of Ireland, Wales, Man, Chester, Durham, Lan- caster, kc. clearly concur with the dictates of reason and nature, that Americans arc entitled to all the libertiesof Englishmen, and that they are not bound by any acts of parliament y/hatever, by any law known in English records or history, excepting those for the regulation of trade, which they have consented to and acqui- esced in. 7. To these let me add, that as the laws of England, and the authority of parliament were by common law confined to the realm, and within the lour seas, so was the force of the great leal ol England. Salk. 510. " The great seal of England is appropriated to England, and what is done under it has relation to England, and to no other place." So that the kmg, by common law, had no authority to create peers or governments, or any thing out of the realm, by his great seal ; and therefore our charters and commissions to governors, being under the great eeal, give? us no more authority, nor binds us to any other duties, than if they had been given under the privy seal, or without any seal at all. Their binding force, both upon the crown and us, is wholly from compact and the law of nature. There is another case in which the same sentiments are pre- served ; it is in 2. P. Williams, 70, memorandum 9th August, 1722. It was said by the master of the rolls to have been determined by the lords of the privy council, upon an appeal to the king in council from the foreign plantations. 1st. That if there be a new and uninhabited country, found out by English subjects, as the law is the birih right of every subject, so, wherever they go, they carry their laws with them, and therefore such new found country is to be governed by the laws of Eiigland ; thou^Ii after such country is inhabited by the English, a<.ts of parliament made in England, without natning the foreign plantations, will not bind them ; for which reason it has been determined that the Ptaiulc of frauds and perjuries, which requires three witnesses, and that these should subscribe in the testators presence in the <;>se of a devise of land, does not bind Barbadoes, but that 2dly. Where the king of England conquers a country, it is a different conside- ration ; for there the conqueror, by saving the lives of the poo- ple conquered, gains a right and property la such people ! In con- sequence of which he may impose upon tkem what laws h* w '1 i II .ii ' ii' ■ :M .1 ; ' \ 1'. : ': . 1/ : \ 1 .!■ ■! , I J j ' ' .' ,( 1 |:i , ■ " 118 pleases, feut 3dly. Until such laws, given by the conquering prince, the laws and customs of the conquered country shall hold place, unless where these are contrary to our religion, or enact any thing that is malum in «e, or are silent ; for in all such cases the lawg of the conquering country shall prevail. NOVANGLUS. 'U Ml; ADDRESSED To the Inhabitants of the Colony of Massachusetts Bay, April 3, 1775. MV FRIEND>!, • GIVE me leave now to descend from these general matters, to Massachusettensis. He says " Ireland, who has perhaps the great- est possible subordinate legislature, and sends no members to the British parliament, is bound by its acts when expressly named." But if we are to consider what ought to be, as well as what is, why should Ireland have the greatest possible subordinate legisla- ture ? Is Ireland more numerous and more important to what is called the British empire, than America? Subordinate as the Irish legislature is said to be, and a conquered country as undoubt- edly it is, the parliament of Great Britain, although they claim a power to bind Ireland by statutes, have never laid one farthing of tax upon it. They knew it would occasion resistance if they should. But the authority of parliament to bind Ireland at all, if it has any, is founded upon a different principle entirely from any that takes place in the case of America. It is founded on the con- sent and compact of the Irish by Poyning's law to be s*o governed, if it has any foundation at all : and this consent was given and compact made in consequence of a conquest. In the reign of Henry 2d of England, there were five distinct sovereignties in Ireland ; Munster, Leinster, Meath, Ulstsr and Connaught, besides several small tribes. As the prince of any one of these petty states took the lead in war, he seemed to act, for the time being, as monarch of the island. About the year 1172, Koderic O'Connor, king of Connaui^ht, was advanced to this pre- eminence. Henry had long cast a wishful eye upon Ireland, and now partly to divert his subjects from the thoughts of Becket'9 murder, partly to appease the wrath of the pope for the same event, and partly to gratify his own ambition, he lays hold of a ))retence, that tlie Irish had taken some natives of England and sold them for slaves, ajiplies to the pope for license to invade that island. Adrian the 3d, an Englishman by birth, who was then 119 pontiff, and yery clearlj convinced in his own mind, of his right to dispose of kingdoms and empires, was easily persuaded, by the prospect of Peter's pence, to act as emperor of the world, and make an addition to his ghostly jurisdiction of an island uliich, though converted to Christianity, had never acknowledged any subjection to the see of Rome. He issued a bull, premising that Henry had ever shetvn an anxious care to enlarge the church, and increase the saints on earth and in heaven : that bis design upon Ireland proceeded from the same pious motives : that his applica- tion to the holy see, was a sure earnest of success : that it was a point incontestible, that all christian kingdoms belonged to the patrimony of St. Peter ; that it was his duty to sow among them the seeds of the gospel, which might fructify to their eternal sal- vation. He exhorts Henrj to invade Ireland, exterminate the vices of the natives, and oblige them to pay yearly, from every house, a penny to the see of Rome ; gives him full rigiit and entire au- thority over the whole islan^^l ; and commands all to obey him as their sovereign Macmorrough, a licentious scoundrel, who was king of Leinster, had been driven from his kingdom, for his tyranny, by his own subjects, in conjunction with Ororic, king of Meath, who made war upon him for committing a rape upon his queen, applied to Henry for assistance, to restore him, and promised to hold his kingdom in vassalage of the crown of England. Henry accepted the offer and engaged in the enterprise. It is unnecessary to recapitulate all the intrigues of Henry, to divide the Irish kingdoms among themselves, and set one against another, which are as curious as those of Edward 1st. to divide the kinsr- dom of Wales, and play Lewellyn's brothers against him, or as those of the ministry, and our junto, to divide the American col- onies, who have more sense than to be divided. It is suflicient to say, that Henry's expeditions terminated altogether by means of those divisions among the Irish, in the total conquest of Ireland, ^nd its annexation forever to the English crown. By the annex- ation of all Ireland to the English crown, I mean that all the prin- ces and petty sovereigns in Ireland agreed to become vassals of the English crown. But what was the consequence of this ? The same consequence was drawn, by tne kings of England in this case, as had been drawn in the case of Wales after the conquest of Lewellyn, viz : that Ireland was become part of the property^ possession or revenue of the English crown, and that its authority over it was absolute and without controul. That matter must be traced from step to step. The first mon- ument we find in English records, concerning Ireland, is a mere rescriptuin principis, intituled statutvhi Hibcmiae de coheredibus^ I4, Henry 3d, A. D. 1229. In the old abridgment Tit. Homage, this is said not to be a statute. Vid. Ruffhcad's statutes at large, -V. l. 15. Mr. Cay very properly observes, that it is not an act of parliament, Vid. Barrington's observations on the statutes, p. 34. ""^m V f I I 1 'i. tti I :fc'i (I- ..till': I 4 ill :| !ii! I iH 120 In this rescript, the king informs certain milites, (adrentureis probably in the conquest of Ireland, or their descendants) who had doubts how lands holden by knights' service descending to co- partners, within age, should be divide ], what is the law and cus- torn in England with regard to this. But the record itself shews it to be a royal rescript only. Rex dilecto etfideli suo gerardo Jifmauricii justii' suo Jiibcrniae salutetn. Quia tales Milites de partibus Hiberniue nuper^ ad nos accedentet nobis ostenderunt, '^aod, &c. Et a nobis petierunt inde certiorari qualitcr in regno nostra Angliae in casu consimili hactenits usitatum sit^ &c. He then goes on and certifies what the law in England was, and then concludes, Et Ideo vobis mandamus^ quod predictas consuetudines in hoc casu^ quas in regno nostro Angliae habemus^ ut predicttim est, in terra nostra Hiberniae proclamari et jirmiter ieneri, fac, &c. Here again we find the king conducting, exactly as Edward 1st. did in Wales, after the conquest of Wales. Ireland had now been annexed to the English crown many years, yet parliament was not allowed to have obtained any jurisdiction over it, and Henry or- dained laws for it by his sole and absolute authority, as Edward 1st. did by the statute of Wales. Another incontestible proof that an- nexing a country to the croivn of England, does not annex it te the realm, or subject it to parliament. But we shall find innumer- able proofs of this. Another incontestible proof of this, is the ordinatio pro statu Hiberniae made 17 Edward 1, 1288. This is an ordicance made by the king, by advice of his council, for the government of Ireland. " Edward, by the grace of God, king of England, lord of Ireland, &c. to all those who shall see or heur these letters, doth send salutation. He then goes on and or- dains many regulations?, among \vhich the seventh chapter is " that none of our officers shall receive an original writ pleadable at the common law, but such as be sealed by the great seal of Ireland," to. This ordinance concludes, " In witaess whereof we have caused these our letters patent to be made." Dated at Notting- ham 24th Nov. 17th year of our reign. This law, if it was passed in parliament, was never considered to h{\ve any more binding force, than if it had been made only by the king. By Poyning's law indeed in the reign of sHenry 7th. all )(recedent English statutes are made to bind in Ireland, and thii among the rest ; but until Poyning's law, it had no validity as an act of parliament, and was never executed, but in the English pale, for, notwithstanding all that is said of the total compact by Henry 2d. ; yet it did not extend much beyond the neighbourhood of Dublin, and the conqueror could not enforce his laws and reg- ulations much further. . There is a note on the roll of 21 Edward 1st. in these words : " Et memorandum quod istud statu*vm, de verbo ad verbum, missum fait in Hiberniam^ teste rege apud Kenyngton 1 4 die, Jiugusti^ anno iiL 121 regni sui vieesimo septimo : tt mandatum fuit Johanni Wogan jus- Hdario Hibemiae, quod praedictum statutum^ per Hibtrniam^ in lo- iis quibus expedire viderit legi, tt pvblice proclamari acfirmiter U- nerifficiat. " This note most fully proves, that the king, by his sole au- thority, could introduce any English law ; and will that authority be lessened by the concurrence of the two houses of parliament ? There is also an order of Charles 1st. in the third year of his l-eign, tc the treasurers and chancellors of the exchequer, both of England and Ireland, by which they are directed to increase the duties upon Irish exports ; which shews that it was then im- agined, that the king would tax Ireland by his prerogative, without the intervention of parliament." Yid. obs. on the sta- tutes, p, 127. Another instance to shew, that the king by his sole authority, whenever he pleased, made regulations for the government of Ireland, notwithstanding it was annexed and subject to the crown of Englaud, is the ordinatio facta pro statu terrae Hiberniae, in the 31 Edward 1. in the appendix to Ruffhead's statutes, p. 37. This is an extensive code of laws, made for the government of the Irish church and state, by the king alone, without lords or commons. The kings " volwnus et firmiter precipimusy'''' governs and establishes all, and among other things, he introduces by the 18th chapter, the English laws for the regimen of persons of English extract settled in Ireland. The next appearance of Ireland, in the statutes of England, is in the 34 Edward 3d, c. 17. This is no more than a concession of the king to his lords and commons of England, in these words. ^^ Item, it is accorded that all the merchants,,a8 well aliens as deni- zens, may come into Ireland, with their merchandizes, and from thence freely return with their merchandizes and victuals, without fine or ransom to be taken of them, saving always to the king, his ancient customs and other duties." Ana by chapter 18, " Itetn, that the the people of England, as well religious as other, which have their heritage and possessions in Ireland, may bring their com, beasts and victuals to the said land of Ireland, and from thence re-carry their goods and merchandizes into Eng- land freely without impeachment, paying their customs and de- voirs to the king." All this is no more than an agreement between the king and his En^^lish subjects, lords and commons, that there should be a free trade between the two islands, and that one of them should be free for strangers. But it is no colour of proof that the king could not govern Ireland without his English fords and commons. The 1. Henry 5th. c. 8. All Irishmen and Irish clerks, beg. gars, shall depart this realm bsfore the 1st day of November, ex- cept graduates, sergeants, &c. is explained by 1. Henry 6th. c. 3. which shews what sort of Irishmen only may come to dwell in England. It enacts that all persons, born in Ireland, shall depart 16 ■t . .1 ^tl I'' : -..li 110,1 122 wilt of the realm of England, except a few ; and that Irishmeq shall not be principals of any hall, and that Irishmen shall bring testimonials from the lieutenant, or justice of Ireland, that they are of the king's obeisance. By the 8th, Henry 6th. c. 8. Irish- men resorting into the realm of England, shall put in surety for their goodubearing." • Thus 1 have cursorily mentioned every law made by the king of England, whether in parliament or out of it, for the govern- ment of Ireland, from the conquest of it by Henry 2d. in 1 172, down to the reign of Henry 7th. when an express contract was made between the two kingdoms, that Ireland should for the fu- ture be bound by English acts of parliament, in which it should be specially named. This contract was made in 1495 ; so that upon the whole it appears, beyond dispute, that for more than 300 years, though a conquered country, and annexed to the crown of England ; yet was so far from being annexed to, or parcel of the realm, that the king's power was absolute there, and he might govern it without his English parliament, whose advice concerning it, he was under no obligation to ask or pursue. The contract I here alluded to, is what is called Poyning's law ; the history of which is briefly this. Ireland revolted from England, or rather adhered to the partizans of the house of York ; and Sir Edward Poyning was sent over about the year 1495, by king Henry 7th. with very extensive powers, over the civil tts well as military administration. On his arrival he made severe inquisition about the disaffected, and in particular attack- ed the earls of Diamond apd Kildarc. The first stood upon the defensive, and eluded the power of the deputy : but Kildare was Sent prisoner to England : not to be executed^ it seeins^ nor to be ■tried upon the statute of Henry 8 1' 'i' ii I* \ i M ilHS ill! ''■■ fi; I'; 124 of conquest ;" a right allowed by the law of nations, if not by that of nature ; but which in reason and civil policy can mean nothing more, than that, in order to put an end to hostilities, '^ a compact is either expressly or tacitly made between the con- queror and conquered, that if they will acknowledge the victor for their master, he will treat them for the future as subjects and not as enemies." These are the principles upon which the dependance and sub- ordination of Ireland are founded. Whether they are just or not, is not necessary for us to enquire. The Irish nation have never been entirely convinced of their justice ; have been ever discontented with them ; and ripe and ready to dispute them. Their reasonings have ever been answered, by the ratio ultima and penultima ef the tories, and it requires to this hour no less than a standing army of 12,000 men to confute them; as little as the British parliament exercises the right, which it claims of binding them by statutes, and although it never once attempted or presumed to tax them, and although they are so greatly infe- rior to Britain in power, and so near in situation. But thus much is certain, that none of these principles take place, in the case of America. She never was conquered by Britain. She never consented to be a state dependant upon, or subordinate to the British parliament, excepting only in the reg* ulation of her commerce ; and therefore the reasonings of Brit* ish writers, upon the case of Ireland, are not applicable to the case of the colonies, any more than those upon the case of Wales. Thus have I rambled after Massachusettensis through Wales and Ireland, but have not reached my journey's end. I have yet to travel through Jersey, Guernsey, and I know not where. At present I shall conclude with one observation. In the history of Ireland and Wales, though undoubtedly conquered countries, and under the very eye and arm of England, the extreme diffi- culty, the utter impracticability of governing a people, who have any sense, spirit, or love of liberty, without incorporating them into the state, or allowing them in some other way, equal privile- ges may be clearly seen. Wales was forever revolting for a thous- and years, until it obtained that mighty blessing. Ireland has been frequently revolting, although the most essential power of a supreme legislature, that of imposing taxes, has never been ex- ercised over them, and it cannot now be kept under, but by force ; and it would revolt forever, if parliament should tax them. "What kind of an opinion, thtn, must the ministry entertain of America ? When her distance is so great, her territory so exten> live, her commerce so important, not a conquered country, but dearly purchased and defended ? When her trade is so essential to the navy, the commerce, the revenue, the very existence of Great Britain, as an independent state ? They must think Amer- ica inhaited by three millions of fools and cowards. NOVANCLUS 125 ADDRESSED To the Inhabitants of the Colony of MassaQhusefts Baij, April 10, 1775. MY FRIENDS, THE cases of Wales and Ireland are not yet exhausted They afford such irrefragable proofs, that there is a distinctiou between the crown and realm, and that a country may be annex ed and subject to the former, and not the latter, that they ought to be thorougly studied and understood. The more these cases, as well as those of Chester, Durham, Jersey, Guernsey, Calais, Gascoine, Guienne, &c. are examined, the more clearly it will appear, that there is no precedent in English records ; no rule of common law ; no provision in the English constitution ; no policy in the English or British govern' ment ; for the case of the colonies ; and therefore that we derive, our laws and government solely from our own compacts with Britain and her kings, and from the great legislature of the uni- verse. We ought to be cautious of the inaccuracies of the greatest men, for these are apt to lead us astray. Lord Coke, in 7 Rep. 21, 6, says, '^ Wales was sometimes a kingdom, as it appeareth by 19 Henry 6th. fol. 6, and by the act of parliament of 2 Henry 0th. cap. 6, but while it was a kingdom, the same was holden, and within the fee of the king of England : and this appeareth by our books, Fleta, lib. 1. Edward 3d. 14, 8. Ed. 3d. 59, 13, Edward 3d. Tit. Jurisdict. 10. Henry 4, 6. Plow. com. 363. And in this respect, in divers ancient charters, kings of old time styled them- selves in several manners, as king Edgar, Britanniae Basileus^ Etheldrus, Totius Albionis Dei providentia Imperator, Edre- dus, magnae Britanniae Monarcha, which, among many others of like nature 1 have seen. But by the statute of 1 i of Edward IsJ. Wales was united and incorporated into England, and made par eel of England in possession ; and therefore it is ruled in 7 Hen- ry 4th. fol. 14. That no protection doth lie, quia moratur in nallia, because Wales is within the realm of England. And where it is recited in the act of 27 Henry 8th. that Wales n'ns ever parcel •/" the realm of England^ it is true in this sense, viz : * that before 12 Edward 1st. it was parcel in tenure, and since it in parcel of the body of the realm. And whosoever is born within the fee of the king of England, though it be in another kingdom, is a natural born subject, and capable and inheritable of lands in England, as it appeareth in Plow. com. 126. And thereforf those that were born in Wales before 12 Edward 1st. while it was only holden of England, were capable and inheritable of lands in England.^^ }.■;! , 1 i 1*1 m mt I f ■:':.!' 126 Where my lord Coke or any other sapfe, shews us the ground on which his opinion stands, we can judge for ouMclves, wheth' «r the ground is good, and his opinion just. And if we exam- ine by this nile, we shall find (n the foregoing words, several palpable inaccuracies of expression ; 1, by the 12 E. 1. (which is the Statutum JValli(n quoted by me before) it is certain " that Wales was not united and incoporated into England, and made parcel of England." It was annexed and united to the crown of I'.ngland oidy. It was done by the king^s sole and absolute au- thority ; not by an act of parliament, but by a mere constitutio hnperatorin, and neither E. 1 . nor any of his successors, ever would relinquish the right of ruling it, by mere will and discre- tion until the reign of James I. — 2. It is not recited in the 27 H. », that Wales was ever parcel of the realm of England. The tvords of that stahite are, " incorporated, annexed, united and subject to and under the imperial crown of this realm," is a de- cisive proof that a country may be annexed to the one, without being united with the other. And this appears fully in lord Coke himself, 7 rep. 22, b. " Ireland originally came to the kings of England by conquest, but who was the lirst conquerer thereof hatli been a question. I have seen a charter made by king Edgar, in these words^ Ago Edgarus Anglorum Basileus, om- nium quve inmlarum oceanic (pus Britanniam circumjacent, imperator rt dominvs, gruiias ago ipsi Deo omnipotenti regi meo, qui meum im- perinm sic ampliavit et exaltavit super regnum patrum meorum^ &c. Alihi concessit propitia divinitas, cum anglorum imperis omnia reg' na insularum oceani, &c. Cum suis ferocibus regibus usque JVor- regiam, maximamque partem Hiberniie, cum sua nobilissima civitate de Dnblina, Anglorum regno subjugare, quapropter et ego Christi '■[loriam et Umdem in regno mco exaltare, et ejus servitium ampti- JHcitre devotns dispn^ni, kc. Yet for that it was wholly conquered in the reign of II. 2. The honour of the conquest of Ire- land is attributed to him. That Ireland is a dominion separate and divided from Enghmd it is evident by our books, 20 H. 6, 3. Sir John Pilkington'scase, 32 H.6, 26. 20 Eliz.Dyer360. Plow. com..3G0.and 2,r.3. 1 2.nibcrnia habet parliamentum^etfaciunt leges^et atatuta nostra non ligant eos quia non mittunt milites ad parliameu' r«m, (which is to be understood unless they be specially named) 9cd personcE eoruin sunt^ subjecti regis, sicut inhabitantes in Calesia, Gasco7tia et Guigan. Wherein it is to be observed, that the Irish- man (as to his subjection) is compared to men born in Calice, Gascoin and Guian. Concerning their laws, Ex rottdis petentium, de anno 1 1. Regis 8. 3, there is a charter which that king made beginning in these words : Rex Baronibus, Militibus et omnibus libe- re tcnenibus L. salutem, satis, ut credimus vestra audivit discretion quod quundo bonce memories Johannes quondam rex Anglia, pater noster venit in Hibemiam, ipse duxit secum viros discretos et legis peritos, quorum commmii consilio et adjunctorum Hiberniansium, ttatuit et praccpit leges Aiiglicanas in Hibernia, ita quod easdem ir;-* scriptiiras redaclus reUquit sub sigillo suo ad saccaritim Dublin- So 127 an now the laws of England became the proper laws ot Ireland; and tJierefore because they have parliaments iioltlen there, whereat they have made diverse particuhir laws, concerning that s which no doubt H. 2. did by advice of bis judges, &c. — This Wioiiws, &,c. was anno 6. H. 4. in the custody of sir Christopher Preston, which roll H. 4. in the same year, De atsensu Johannis Tktlbot Chevalier, his lieu- tenant there, and of his council of Ireland, exempliiied, &c. Here we see the original of a parliament in Ireland, which is assigned as the cause or reason why Ireland is a distant kingdom from England : and in the same, 4. inst. 349. we find more evi- dence that all this was done at the instance and request of the people ill Jrelcind. Lord Coke says, " H 2. the father of K. John, did ordain and command, at the instance of the Irish, that ^uch laws as he had in England, should be of force and observed in Ireland. Hereby Ireland, being of itself a distant dominion, and no part of the kingdom of England, (as it directly appeareth by many authorities in Calvin's case) was to have parliaments hoklcn there, as England, &c." See the record as quoted by lord us. leu- ch is dom evi- the K. that rved nioD, reth lents lord 129 Coke iu the luine page, which shewn that even thii establishment of Engiish laws, wafl made D* communi omnium de Hibernict con* sensu. This whole chapier is well worth attending to, because the records quoted in it shew how careful the ancients were to obtain the consent of the governed to all laws, though a conquered peo- ple, and the king absolute. Very unlike the minister of our a;ra, who is for pulling down and building up the most sacred establish- ments of UvfB and government, without the least regard to the consent or good will of Americans. There is one observation more of lord Coke that deserves particular notice. " Sometimes the king of England called his nobles of Ireland to come to his par- liament of England, &c. and by special words the parliiimcnt of England may bind the subjects of Ireland," and cites the record 8. E. 2. and subjoins " an excellent precedent to be followed, when- soever any act of parliament shall be made in England, concern- ing the state of Ireland, &c." By this lord Coke seems to inti- mate ail opinion, that representatives had been and ousjfht to be called from Ireland to the parliament of England, whenever it undertook to govern it by statutes, in which it should be specially named. After all, I believe there is no evidence of any express contract of the Irish nation to be governed by the English parliament, and very little of an implied one ; that the notion of binding it by acts in which it is expressly named is merely arbitrary. And that this nation which has cvsr had many and great virtues, has been most grievously oppressed : and it is to this day so greatly injured and oppressed, that 1 wonder American committees of correspondence and congresses, have not attended more to it than they have. Perhaps in some future time they may. But 1 am running beyond my line. We must. now turn to Burrows's reports, vol. 2. 834. Rex. vs. Cowle. Lord Mansfield has many observations upon the case of Wales, which ought not to be overlooked. Page 850, He -says, *' Edward 1st. conceived the great design of annexing all other parts of the island of Great Britain to the realm of England. The better to effectuate his idea, as time should offer occasion ; he mentioned, " that all parts thereof, not in his own hands or pos- session, were holden of his crown." The consequence of this doctrine was, that, by the feudal law, supreme jurisdiction result- ed to him, in right of his crown, as sovereign lord, in many cases, which he might lay hold of; and when the said territories should «ome into his hands and possession, they would come back as par- cel of the realm of England, from which ^by fiction of law at least) they had been originally severed. This doctrine was liter- ally true as to the counties palatine of Chester ond Durham. But (no matter upon what foundation) he maintained that the princi- pality of Wales was holden of the imperial crown of England : he treated the prince of Walei as a rebellious va&aal ; subdued him ; 17 I 'V' I 130 (l r and took possession of the principality. Whereupon, on the 4th of December, in the 9th year of his reign, he issued a commission to enquire "/jer quas leges et per quas consitetudines, antecessores no9' tri reges reglii consueverant principmn Walliai et barones Wallenses Walli(£ et pares suos tt alios in priores et eorum pares^ ^c." If the principality was feudatory, the conclusion necessarily followed, that it was under the government of the king's laws, and the king's courts, in cases proper for them to interpose ; though (like counties palatine) they had peculiar laws and customs, jura rega- lia, and complete jurisdiction at home." There was a writ at the same time issued to all his officers in Wales, to give information to the commissioners : and there were 14 interrogatories speci- fying the points to be enquired into. The statute of Rutland 12. E. 1, refers to this inquiry. By that statute he does not annex AVales to England, but recites it as a consequence of its coming into hip hands. Divina providenti a terrain Wallice, prius. nobis jure fendali mbjectam, jam in propeietaiis nostree dominium convertit, et corotKt regni Anglia, tanquam partem corporis ejusdem annexuit, et 7/mM^" The 27. H. 8. c. 26. adheres to the same plan, and recites " that Wales ever hath been incorporated, annexed, united and subject to, and under the imperial crown of this realm, as a very member, and joint of the same." Edward 1 . having suc- ceeded as to Wales, maintained likewise that Scotland was holden of the crown of England. This opinion of the court was deliver- ed by lord Mansfield in the year 1759. In conformity to the system contained in these words, my lord Mansfield, and my lord North, together with their little friends Bernard and Hutchinson^ have " conceived the great design of annexing" all North Ameri- ca " to the realm of England," and " the hotter to effectuate this idea, they all maintain, that North America is holden of the crown." And, no matter upon what foundation, they all maintained that America is dependent on the imperial crown and parliament of Great Britain : and they are all very eagerly desirous of treating the Americans as rebellious vassals, to subdue them and take pos- session of their country. And when they do, no doubt America will come back as parcel of the realm of England, from which, by fiction of law at least, or by virtual representation, or by some other dream of a shadow of a shade, they had been originally severed. But these noblemen and ignoblemen ought to have considered, that Americans understand the laws and the politicks as well as themselyes, and that there are 600,000 men in it, between 16 and 60 years of age ; and therefore it will be very difficult to chicanq them out of their liberties by " fictions of law," and " no matter upon what foundation." Mcthinks I hear his lordship upon this occasion, in a soliloquy somewhat like this. " We are now in the midst of a war, which has been conducted with unexampled success and glory. We T ^ 131 Inure conquered a great part, and shall soon complete the conquest of the French power in America. His majesty is near 70 years of age, and must soon yield to nature. The amiable, virtuous and promising successor, educated under the care of my nearest friends, will be influenced by our advice. We must bring the war to a conclusion, for we have not the martial spirit and abilities of the great commoner : but we shall be obliged to leave upon the nation an immense debt How shall we manage that? Why, I have seen letters from America, proposing that parliament should bring America to a closer dependence upon it, and representing that if it does not, she will fall a prey to some foreign power, or set up for herself. These hints may be improved, and a vast revenue drawn from that country and the East Indies, or at least the people here may be flattered and quieted with the hopes of it. It is the duty of a judge to declare law, but under this pre - tence, many we know have given law or made law, and none in all the records of Westminster hall more than of late. Enough has been already made, if it is wisely improved by others, to over- turn this constitution. Upon this occasion I will accommodate my expressions, to such a design upon America aid Asia, and will so accommodate both law and fact, that they may hereafter be im- proved to admirable effect in promoting our design." This is all romance, no doubt, but it has as good a moral as most romances. For 1st. It is an utter mistake that Ed. 1st. conceived the great design of annexing all to England, as one state, under one legisla^ ture. He conceived the design of annexing Wales, &c. to his crown. He did not pretend that it was before subject to the crown, but to him. " Nobis jure feodaW are his words. And when he annexes it to bis crown, he does it by an edict of his own, not an act of parliament : and he never did in his whole life allow, that his parliament, that is his lords and commons, had any au- thority over it, or that he was obliged to take or ask their advice, in any one instance, concerning the management of it, nor did any of his successors for centuries. It wvere never erected by parliament, their regalia and jurisdiction were not given by parliament, and therefore parliament have no authority to take them away. But if the colonies are feudatory to the kings of England, and subject to the government of the king's laws, it is only to such laws as are made in their general assemblies, their provincial leg- islatures. NOVANGLUS. 133 no ADDRESSED To the Inhabitants of the Colony of Massachusetts Bav, April 17, 1775. MY FRIENDS, WE now come to Jersey and Guernsey, which Massachusetten- sis says, " are no part of the realm of England, nor are they represented in parliament, but are subject to its authority." A little knowledge of this subject will do us no harm j and as soon as we shall acquire it, we shall be satisfied how these islands came to be subject to the authority of parliament. It is either upon the principle that the king is absolute there, and has a right to make laws for them by his mere will ; and therefore may ex- press his will by an act of parliament, or an edict at bis pleasure : or it is an usurpation. If it is an usurpation, it ought not to be a precedent for the colonies, but it ought to be reformed, and they ought to be incorporated into the realm, by act of parliament, and Ours ;s their own act. Their situation is no objection to this. an insurmountable obstacle. , ^ , . Thus we see that in every mstance which can be found, the observation proves to be true, that by the common law, the Iaw« of England, and the authority of parliament, and the limits of the realm were confined within seas. That the kings, of England had frequently foreign dominions, some by conquest, some by marriage, and some by descent. But in all those cases the kings were either absolute in those dominions, or bound to govern thoni according to their own respective laws, and by their own legis- lative and executive councils. That the laws of England did not extend there, and the English parliament pretended no jurisdic- tion there, nor claimed any right to controul the king in his government of those dominions. And from this extensive survey of all the foregoing cases, there results a confirmation of what has been so often said, that there is no provision in the common law in English precedents, in the English government or consti- tutioh inade for the case of the colonies. It is not a conquered, but a discovered country. U came not to the king by descent, but was explored by the settlers. It came not by marriage to the king, but was purchased by the settlers cf the savages. U was not granted by the king of his grace, but nas dearly, very dearly earned by the planters, in the l.tbour, blood, and treasure which they expended to subdue it to cultivation. It stands upon na^rounds, then, of law or policy, but what are found in the law of nature, and their express contracts in their charters, and theiv implied contracts in the commissions to governors and terms m settlement. f-f^a I: : tVi,. i Mi. ■'m ■m m m r i! 1 ■ 1 V ii III • '1 ■h <; 11 i Ji fl: I' i f. ) • -'it M h !l ill'' II ,i I- 134 The cases of Chester and Durham, counties palantine within the realm, shall conclude this fatiguing ramble. Chester was art earldom and a county ; and in tlie 21st year of king Richard 2d. A. D. 1397, it was, by an act of parliament, erected into a prin- cij>ality, and several castles and towns, were annexed to it, saving to the king the rights of his crown. This was a county pala- tine, -ind had jura regalia, before this erection of it into a princi- pality. But the statute which made it a principality, was again repealed by 1. Henry ♦th. c. 3, and in 1399, by the 1. Henry 4th. c. 18. Grievous complaints were made to the king, in parliament, of murders, man-slaughters, robberies, batteries, riots. Sue. done by people of the county of Chester, in divers counties of England. For remedy of which it is enr»cted, that if any person of the county of Chester commit any murder or felony in any place mt of that county, process shall be made against him by the com- mon law, till the exigent in the county where such murder or fel- ony was done : and if he llee into the county of Chester, and be outlawed, and put in exigent for such murder or felony, the same outlawry or exigent, shall be certified to the officers and ministers of the same county of Chester, and the felon shall be taken, his lands and goods within that county shall be seized as forfeit into the hands of the prince, or of him that shall be lord of the same county of Chester, and the king shall have the year and day and wnste ; and the other lands and goods of such felons, out of said county, shall remain wholly to tl e king, &c. as forfeit. And a similar provision in case of battery or trespass, &c. Considering the great seal of England, and the process of the king's contracts did not run into Chester, it was natural that miilefactors should take refuge there, and escape punishment, and therefore a statute like this was of indispensible necessity, and afterwards, in 1535, another statute was made, 27. Henry c. 5th. foi the making of justices of peace, within Chester, &c. It recites, "the king, considering the manifold robberies, murders, thefts, tres- passes, riots, routs, embraceries, maintenances, oppressions, rup- tures of his peace, &c. which have been daily done within his county palatine of Chester, &,c. by reason that common justice hath not been indifferently ministered there, like and in form as it is in other places of this his realm, by reason whereof the said criminals have remained unpunished ; for redress whereof, and to the intent that one order of law should be had, the king is em- powered to constitute justices of peace, quorum, and goal deliv- ery, in Chester, &.c." By the 32. Henry 8th. c. 43, another act was made concerning the county palatine of Chester, for shire days. These three acts soon excited discontent in Chester. They had enjoyed an exemption from the king's English courts, legis- lative and exrcutive, and they had no representatives in the Eng- lish parliament, and therefore they thought it a violation of their right*, to bo subjected even to those three statutes, as reasonable IM 135 and absolutely necessary as they appear to have been. And ac- cordingly we find in l54i> — 34 and 35, Henry 8th. c. 13, a zenl- ous petition to be represented in parliament, and an act was made for making of knights and burgesses within the county and city of Chester. It recites a part of the petition to the king from the inhabitants of Chester, stating, " that the county palatine, had been excluded from parliament, to have any knights and bur- gesses there ; by reason whereof, the said inhabitants have hith- erto sustained manifold disherisons, losses, and damages, in lands, goods, and bodies, as well as in the goods civil and politic govern- ance and maintenance of the commonwealth of their said county . and forasmuch as the said inhabitants have always hitherto been bound by the acts and statutes, made by your highness and progeii- itors in said court, meaning, when expressly named, not otherwise, as far forth as other counHes, cities, and boroughs, which have had knights and burgesses, and yet have had neither knight, nor burgess there, for the said county palatine ; the said inhabitants!, for lack thereof, have been oftentimes touched and grieved with acts and statutes, made withm said court, as well derogatory unto the most ancient jurisdictions, liberties, and privileges of your said county palatine, as prejudicial unto the common weal, quietness, rest and peace of your subjects, &c.'* E'or remedy whereof, two knights of the shire, and two burgesses for the city are established. I have before recited all the acts of parliament, which were ever made to meddle with Chester, except the 51. Henry 3d. Stat. 5, in 1266, which only provides that the justices of Chester, and other bailiifs, shall be answerable in the exchequer, for wards, escheats, and other bailiwicks ; yet Chester was never severed from the crown or realm of England, nor ever expressly exempt- ed from the authority of parliament ; yet as they had generally enjoyed an exemption from the exercise of the authority of par- liament, we see how soon they complain of it as grievou? and claim a representation, as a right ; and we see how readily it was granted. America, on the contrary, is not in the realm, never was subject to the authority of parliament, by any principle of law, is so far from Great Britain, that she never can be represent- ed ; yet she is to be bound in all cases whatsoever. The first statute, which appears in which Durham is named, is 27 Henry Sth. c 24, § 21. Cuthbert, bishop of Durham, and his successors, and their temporal chancellor of the jcounty palatine of Durham, are made justices of the peace. The next is 31 'Elizabeth, c. 9, recites, that Durham is, and of long time hath been, an ancient county palatine, in which the Queen's writ hath not, and yet doth not run ; enacts that a. writ of proclamation upon an exigent against any person dwelling in the bishoprick shall run there for the future. And § 5 confirms all the other liberties of the bishop and his officers. And after this, we find no other mention of that bishoprick in any statute until 25 Char. 2. c. 9. Tl^is statute recites, " wh«re- i I w ih'' iif ''A m ill 136 Q9 the inhabitants of the county pnlntine of Durham, have not hitherto h;icl the liberty and priviles^e of electing and sending any knights and burgesses to the high court of parliament, although the inhabitants of thft said county palatine are liable to all pay- ments, rates, and subsidies, granted by parliament, equally with the inhabitants of other counties, citie*s, dad burroughs, in this kingdom, who have their knights and burgesses in the parliament) and are therefore concerned equally with others, the inhabitants of this kingdom, to have knights and bwgesses in the said high court of parliament of their own election, to represent the condi- tion of their county, as the inhabitants of other counties, cities, and burroughs, of this kingdom have." it enacts two knights for the county, and two burgesses for the city. Here it should be observed, that although they acknowledge that they had been lia- ble to all rates, &c. granted by parliament, yet none had actually been laid upon them before this statute. Massachusetten«is then comes to the first charter of this prov- ince, and he tells us, that in it " we shall find irresistible evidence, that our being a part of the empire, subject to the supreme author- ity of the state, bound by its laws, and subject to its protection, was the very terms and conditions by which our ancestors held their lands and settled the province." This is roo.ndly and warm- ly said : but there is more zeal in it than knowledge. As to our being part of the empire, it could not be the British empire, as it is called, because that was not then in being, but was created seventy or eighty years afterwards. It must be the English em- pire then, but the nation was not then polite enough to have in- troduced into the language of the law, or common parlance any such phrase or idea. Rome never introduced the terms Roman empire until the tragedy of her freedom was cumpleated. Before that, it was only the republic, or the city. In the same manner the realm or the kingdom, or the dominions of the king, were the fashionable style in the age of the first charter. As to being sub- ject to the supreme authority of the state, the prince who grant- ed that charter thought it resided in himself, without any such troublesome tumults as lords and commons ; and before the grant- ing that charter, hiid dissolved his parliament, and determined never to call another, but to govern without. It is not very like- ly then, that he intended our ancestors should be governed by parliament, or bound by its laws. As to being subject to its pro- tection, we may guess what ideas king and parliament had of that, by the protection they actually afforded to our ancestors. Not one farthing was ever voted or given by the king or his parlia- ment, or any one resolution taken about them. As to holding their lands, surely they did not hoM their lands of lords and com- mons. If they agreed to hold their lands of the king, this did not subject them to English lords and commons, any more than the inhabitants of Scotland holding their lands of the same king, sub- jected them. But there is not a word about the empire, the ' I 1!" \'b lull' 137 supreme authority bf the state, heing^ hound by its taws, or oblige I li ii I .It 't'i MA8SACHUSETTENSIS, ADDRESSED To the Inhabitants of the Province of Massachusetts Bay>, December 12, 1774. « • MV SCAR eOVNTRYMEN, WHEN a people, by what means soever, are reduced to such a situation, that every thing they hold dear, as men and citizens, is at stake, it is not only excuseable, but even praiseworthy for an individual to offer to the public any thing*, that lie may think has a tendency to ward off the impending danger ; nor should he be restrained from an apprehension that what he may offer will be unpopular, any more than a physician should be restrained from prescribing a salutary medicine, through fear it might be un- palatable to his patient. , The press, when open to all parties and influenced by none, is a salutary engine in a free state, perhaps a necessary one to pre- serve the freedom of that state ; but, when a party has gained the ascendancy so far as to become the licensers of the press, either by an act of government, or by playing off the resentment of the populace against printers and authors, the press itself be- comes an engine of oppression or licentiousness, and is as perni- cious to society, as otherwise it would be beneficial. It is too true to be denied, that ever since the origin of our controversy with Great Britain, the press, in this to;trn, has been much devot- ed to the partizans of liberty ; they have been indulged in pub- lishing what they pleased, /a$ve/ nefas^ while little has been pub- lished on the part of government. The effect this must have had upon the minds of the people in general is olivious ; they must have formed their opinion upon a partial view of the subject, and of course it must have been in some degree erroneous. In short, the changes have been rung so often upon oppression, tyranny and slavery, that, whether sleeping or waking, they are continu;* I ml { m nr fi !&i iiiij 'll:! ^i 142 ally vibrating in our ears ; and it in now high time to ask our- selves, whether we have not been deliuled by sound only. My dear countrymen, let us divest ourselves of prejudice, take a view of our present wretched situation, contrast it with our for- mer happy one, carefully investigate the cause, and indu'^triouslj seek some means to escape the evils we now feel, and prevent those that we have reason to expect. We havb been so long advancing to our present state, and by such gradations, that perhaps many o( us are insensible of our true state and real danger. Should you be told that acts of high trea> son are flagrant through the country, that a great part of the province is in actual rebellion, .vouldyou believe it true? Should you not deem the person asserting it, an enemy to the province ? Nay, should you not spurn him from you witli indignation ? Be calm, my friends ; it is necessary to know the wjrst of a disease, to enable us to provide an effectual remedy. Arc not the bandf of society cut asunder, and the sanctions that hold man to man, trampled upon ? Can any of us recover a debt, or obtain com- pensation for an injury, by law ? Are not many persons, whom oi;ce we respected and revered, driven from their homes and families, and forced to fly to the nrmy for protection, for no other reason but their having accepted commissions under our king, ? Is not civil government dissolved ? Some have been made to bolieve that nothing short oi' attempting the life of the king, or fighting his troops, can amount to high treason or rebellion. If, reader, you are one of those, apply to an honest lawyer, (if such an one can be found) and enquire what kind of offence it is for a num- ber of men to assemble armed, and forcibly to obstruct the course of justice, even to prevent the king^s courts from being held at their stated terms ; for a body of people to seize upon the king^s provincial revenue ; f mean the monies collected by virtue of grants made by the general court to his majesty for the sup- port of his government, within this province ; for a body of men to assemble without being called by authority, and to pass govern- mental acts ; or for a number of people to take the militia out of the hands of the king^s representative, or to form a new militia, or to raise men and appoint officers for a public purpose, without the order or permission of the king, or his representative ; or for a number of men to take to their arms, and march with a profes- sed design of opposing the king's troops ; ^k, reader, of such a lawyer, what is the crime, and what the punishment ; and if, per- chance, thou art one that hast been active in these things, and art not insensibility itself, his answer will barrow up thy soul. I assure you, my friends, I would not that this conduct should be told beyond the borders of this province ; 1 wish it were con- signed to perpetual oblivion ; but alas, it is too notorious to be concealed ; our news-papers have already published it to the world ; we can neither prevent nor conceal it. The shaft is al- ready sped, and the utmost exertion is necessary to prevent the . '1 • iir 1 i f ni 143 ■.^1 our- Wow. W« already feel the effects of anarchy ; mutual confidence, affection, and trinquiiity, those svreetriers of human life, are suc- ceeded by di^^trust, hatred, and wild uproar; the useful arts of agriculture and commerce are neglected for caballing, mobbing this or the other man, because he acts, speaks, or is suspected of thinking different from the prevailing sentiment of the times, in purchasing arms, and forming a militia ; O height of madness ! with a professed design of opposing Great Britain. I suspect many of us have been induced to join in these biettsures. or but faintly to oppose them, from an apprehension that Grct Krituin would not, or could not exert herself sufticiently to subdue Anier- icii. Let us consider this matter. However closely we may h(!g ourselves in the opmion, that the parliament has no right to tax or legislate for us, the people of England hold the contrary opiiion IS firmly. Thoy tell us we are a part of the British em- pire ; that every state, from the nature of government, must have a supreme, uncontrolable power, co-extensive with the em- pire itsf^lf; and that that power is vested in parliament. It is as unpopular to deny this doctrine in Great Britain, as it is to assert it in the colonies ; so there is but little probability of serving our- selves .at this day by our ingenious distinctions between a right of legislation for one purpose, and not for another. We have bid them defiance ; and the longest sword must carry it, unless we change our measures. Mankind are the same, in all parts of the world. The same fondness foi dominion that presides in the breast of an American, actuates the breast of an European. If the colonies are not a part of the British empire already, and subject to the supreme authority of the state, Great Britain will make them so. Had we been prudent enough to confine our op- position within certain limits, we might have stood some chance of succeeding once more ; but alas, we have passed the Rubicon. It is now universally said and believed, in England, that if this op- portunity of reclaiming the colonies, and reducing them to a ^ense of their duty is lost, they, in truth, will be dismembered from the empire, and become as distinct a state from Great Britain, as Han- over; that is, although they may continue their allegiance to the person of the king, they will own none to the imperial crown of Great Britain, nor yield obedience to any of her laws, but such as they shull think proper to adopt. Can you indulge the thought one moment, that Great Britain will consent to this ? For what has she protected and defended the colonies against the maritime powers of Europe, from their first British settlement to this day ? For what did she purchase New-York of the Dutch ? For what was she so lavish of her best blood and treasure in the conquest of Canada, and other territories in America ? Was it to raise up a rival state, or to enlarge her own empire ? Or if the conside- ration of empire was out of the question, what security can she have of our trade, when once she has lost our obedience ? I mention these things, my friends, that you may know how people ■M 4 •,f«r^ ■'•uivr if ■i si II: n1 .11 If j' : I, w \- 111*. , ). I '!' 144 reason upon the subject in England ; and to conTince yod that you are much deceived, if you imagine that Great Britain will accede to the claims of the colonies, she will as soon conquer New-Rngland as treland or Canada, if either of them revolted ; and by arms, if the milder influences of government prove inef- fectual. Perhaps you are as fatally mistaken in another respect, I mean, as to the power of Great Britain to conquer. But can any of yon, that think soberly upon the matter, be so deluded as to believe that Great Britain, who so lately carried her arms with success to every part of the globe, triumphed over the united powers of France and Spain, and whose fleets give law to th^ ocean, is unable to conquer us ? Should the colonies unite in a war against Great Britain (which bv the way is not a supposable case) the colonies south of Pennsylvania would be unable to fur- nish any men ; they have not more than is necessary to govern their numerous slaves, and to defend themselves against the In- dians. I will suppose that the northern colonies can furnish as many, and indeed more men than can be used to advantage ; but have you arms fit for a campaign ? If you have arms, have you military storr-^, or can yon procure them ? When this war is proclaimed, ail supplies from foreign parts will be cut off. Have you money to maintain the war ? Or had you all those things, some others are still wanting, which are absolutely necessary to encounter regular troops, that is discipline, and that subordination, whereby each can command all below him, from a general oflicer to the lowest subaltern ; these you neither have nor can have in such a war. U is well known that the provincials in the late war were never brought to a proper discipline, though they had the example of the regular troops to encourage, and the martial law to enforce it. We all know, notwithstanding the province law for regulating the militia, it was under little more command than wl;iat the officers could obtain from treating and humouring the common soldiers ; what, then, can be expected from such an army as you will bring into the field, if you bring any, each one a politician, pulTcd up with his own opinion, and feeling himself second to none ? Can any of you command ten thousand such men ? Can you punish the disobedient ? Can all your wisdom direct their strength, courage or activity to any given point ? Would not the least disappointment or unfavourable aspect cause a general dereliction of the service ? Your new-fangled militia have already given us a specimen of their future conduct. In Rome of their companies, they have already chosen two, in others, three sets of oflicers, and rre as dissalisticd with the last choice as the first. I do not doubt the natural bravery of my "country- men ; all men would act the same part in the some situation. Such is the army with which you are to oppose the most power- ful nation upon the globe. An experienced oflicer would rathef take his chance with five thousand British troops, than with fifty thousand snch militia, i have hitiierto confined my observationr I i 145 to the Wat* within the interior parts of the colonies, let lis noW turn our eyes to our extensive sea coast, and that we find wholly at the mercy of Great Britain ; our trade, fishery, navi&ration, and maritime towns taken from us the very day that war is pro- claimed. Inconceivably shocking the scene ; if we turn our views to the wilderness, our back settlements a prey to our ancient en- emy, the Canadians, whose wounds received from us in the lat« war, will bleed afresh at the prospect of revenge, and to the nu- onerous tribes of savages, whose tender mercies are cruelties. Thus with the British navy in the front, Canadians and savages irt the rear, a regular army in the midst, we must be certain that Whenever the sword of civil war is unsheathed, devastation will pass through our land like a whirlwind ; our houses be burnt to ashes ; our fair possessions laid Waste, and he that falls by the sword, will be happy in escaping a more ignominious death. I have hitherto gone upon a supposition, that all the colonies, from Nova-Scotia to Georgia, would unite in the war against Gr^at Britain ; but I believe, if we consider coolly upon the mat- ter, we shall find no reason to expect any assistance out of New- England ; if so, there will be no arm stretched out to save us. New England, or perhaps this self-devoted provinte will fall alone the unpitied victim of its own folly, and furnish the World with one more instance of the fatal consequences of rebellion. I have as yet said nothing of the difference in sentiment among ourselves. Upon a superficial view we might imagine that this province was nearly unanimous ; but the case is far different. A very considerable part of the men of property in this province, are at this day fiinnly attached to the cause of government ; bo. dies of men, compelling persons to disavow their seatiments, to resign commissions, or to subscribe leagues and covenants, has wrought no change in their sentiments ; it has only attached them more closely to government, and caused them to wish more fer- vently, and to pray more devoutly, for its restoration. These, and thousands beside, if they fight at all, will fight under the banners of loyalty. I can assure you that associations are now forming in several parts of this province, for the support of his majesty's government and mutual defence ; and let me tell you, whenever the royal standard shall be set up, there will be such a- flocking to it, as will astonish the most obdurate. And now, in God's name, what is it that has brought us to this brink of destruction ? Has not the government of Great Britain been as mild and equita- ble in the colonies, as in any part of her extensive dominions ? Has not she been a nursing mother to us, from the days of our in« fancy to this^time ? Has she not been indulgent almost to a fault ? Might not each one of us at this day have sat quietly under hiir own vine and fig-tree, and there have been none to make us afraid^ were it not for our own folly ? Will not posterity be amazed^ when they are told that the present distraction took its rise from a three penny duty on tea, and call it a more una«c«untable frenzy^ U \li i ■■10^ ■mi .I" 146 -aod motti diBgraccful to the annals of America, tiiaii tbat'of the witchcraft ? I mil attempt in the next paper to retrace the step* Mid mark the progressions that led us to this state. I promise to do it witb fidelity ; and if any thing should look like reflecting on ittdiyidn- als or bodies of men, it must be set down to my impartiality, and not to a fondness for censuring. MASSACHUSETTENSIS. t ii f ADDRESSED To the Inhabitants of the Province of Massachusetts Bay, December 19, 1774. - » If! MV DEAR COUNTRYMEN, I ENDEAVOURED last week to convince you of our real danger, not to render you desperate, but to induce you to Seek immediately some effectual remedy. Our case is not yet reme> diless, as we have to deal with a nation not less generous and hu-> mane, than powerful and brave ; just indeed, but not vindictive. I shall, in this and successive papers, trace^i^his yet growing distemper through its several stages, from the first rise to the present hour, point out the causes, mark the effects, shew the madness of persevering in our present line of conduct, and recom- mend what, I have been long convinced, is our only remedy. I confess myself to be one of those, that think our present calamity is in a great measure to be attributed to the bad policy of a pop' ular party in this province ; and that their measures for several years past, whatever may have been their intention, have been diametrically opposite to their profession, — the public good ; and cannot, at present, lut compare their leaders to a false guide, that having led a benighted tr^iveller through many masses and wind- ings in a thick wood, finds himself at length on the brink of a hor« rid precipice, ;uid, to save himself, seizes fast hold of his follower, to the utmost hazard of plunging both headlong down the steep, anH beinsf dashed in pi(^e8 together against the rocks below. In ordinary cases wc may talk in the measured language of a courtier ; but when such a weight of vengeance is suspended ovef our heads, by a single thread, as threatens every moment to crusk us to atoms, delicacy itself would iie ill-timed. I wiW declare the plain truth wherever I find it, and claim it as a rigb i. 148 M fiH •ienying; the right of parliament to tax the colonies, made their appearance. We read them with wonder ; they savoured of in- dependence ; they flattered the human passions ; the reasoninf^ was specious ; we wished it conclusive. The tran^tion, to be- lieving it so, was easy ; and we, and almost all America, followed their example, in resolving that the parliament had no such right. It now became unpopular to suggest the. contrary ; his life would be in danger that asserted it. The newspapers were open to but one side of the question, and the inflammatory pieces that issued weekly from the press, worked up the populace to a fit temper to commit the outrages that ensued. A non-importation was agreed upon, which alarmed the merchants and manufacturers in Eng- land. It was novel, and the people in England then supposed, that the love of liberty was so powerful in an American merchant, as to stifle his love of gain, and that the agreement would be relig- iously adhered to. It has been said, that several thousands were expended in England, to foment the disturbances there. Howev- er that may be, opposition to the ministry was then gaining ground, from circumstances, foreign to this. The ministry was changed, and the stamp-act repealed. The repealing statute passed, with difticulty however, through the house of peers, near forty noble lords protested against giving way to such an opposition, and fore- told what has since literally come to pass in consequence of it. When the statute was made, imposing duties upon glass, paper, India teas. &c. imported into the colonies, it was said, that this was another instance of taxation, for some of the dutied commod- ities were necessaries, we had them not within ourselves, were prohibited frOm importing them from any place except Great Brit- ain, were therefore obliged to import them from Great Britain, and consequently, were obliged to pay the duties. Accordingly newspaper publications, pamphlets, resolves, non-importation agreements, and the whole System of American opposition was again put in motion. We obtained a partial repeal of this statute, which took ofl' the duties from all the articles except teas. This was the lucky moment when to have closed the dispute. We might have made a safe and honorable retreat. We had gained much, perhaps more than we expected. If the parliament had passed an act declaratory of their right to tax us, our assemblies had resolved, ten times, that they had no such right. We Could not complain of the three-penny duty on tea as burdensome, for a shilling which had been laid upon it, for the purpose of regulating trade, aiid therefore was allowed to be constitutional, was taken off; so that we were in fact gainers nine-pence in a pound by the new regulation. If the appropriation of the revenue, arising from this statute was disrehshed, it was only our striking off one article of luxury from our manner of living, an article too, which if we may believe the resolves of most of the towns in this province, or .rely on its collected wisdom in a resolve of the house of repte- sentt^tives, was to the last degree ruinous to health. It was futile •'I n f 149 to urge its being a precedent, as a reason for keeping up the ball of contention ; for, allowing the supreme legislature ever to want a precedent, they had many for laying duties on commodities im- ported into the colonies. And beside we had great reuson to be- lieve that the remaining part of the statute woutd be repealed, as soon as the parliament should suppose it could be done with honor to themselves, as the incidental revenue arising from the former regulation, was four fold to the revenue arising from the latter. A claim of the right, could work no injury, so long at there was no grievous exercise of it, especially as we had protest- ed against it, through the whole, and could not be said to have departed from our claims in the least. We might now upon good terms have dropped the dispute, and been happy in the ati'cctions of our mother country ; but that is yet to come. Party is iai^ep- erable from a free state. The several distributions of power, as they are limited by, so they create perpetual dissentions between each other, about their respective boundaries ; but the greatest source is the competition of individuals for preferment in the state. Popularity is the ladder by which the partizans usually climb. Accordingly, the struggle is, who shall have the greatest >«hare of it. Each party professes disinterested patriotism, though some cynical writers have ventured to assert, that sell-love is the ruling passion of the whole. There were two parties in this province of pretty long standing, known by the name of whig and tory, which at this time were not a little imbittcred against each other. Men of abilities and acknowledged probity were on both sides. If the tories were suspected of pursuiug their private in- terest through the medium of court favor, there was equal reason to suspect the whigs of pursuing their private interest by the means of popularity. Indeed some of them owed all their impor- tance to it, and must in a little time have sunk into obscurity, had these turbulent commotions then subsided. The tories and whigs took different routs, as usual. The to- ries were for closing the controversy with Great Britain, the whigs for continuing it ; the tories were for restoring government in the province, which had become greatly relaxed by these con- vulsions, to its former tone j the whigs were averse to it ; they even refused to revive a temporary riot act, which expired about this time. Perhaps they thought that mobs were a necessary in- gredient in their system of opposition. However, the whigs had great advantages in the unequal combat ; their scheme flattered the people with the idea of independence ; the tories' plan suppo- sed a degree of subordination, which is rather an humiliating idea ; besides there is a propensity in men to believe themselves injur- ed and oppressed whenever they are told so. The ferment, raised in their minds in the time of the stamp-net, was not yet allayed, and the leaders of the whigs had gained the confidence of the peo* pie by their successes in their former struggles, so that they had nothing to do but to keep up the spirit among the people, and -*T '^ ' ''i '.'.fi w.; '■# > ( m •• f, 150 • t .1: i 11! - !l: they were f ure ef cemmandiog in thia provivce. it required some pains to prevent their minds settiing into that calm, which is ordi- narily the effect of a mild government ; the whigs were sensible that there was no oppression that could be either seen or felt i if any thing wai in reality amiss in government, it was its being too lax. So fur was it from the innocent being in danger of suffering, that the most atrocious offenders escaped with impunity. They accordingly applied themselves to work upon the imagination, and to inflame the passions ; for this work they possessed great talents ; 1 will do justice to their ingenuity ; they were intiowtelj acquainted with the feelings of man, and knew all the avenues t* the human heart. Effigies, paintings, and other imagery werp exhibited ; the fourteenth of August was celebrated annually af a festival in commemoration of a mob^s destroying a building, owi^ ed by the late Lieutenant Governor, which was supposed to have been erected for a stamp-office: and compelling him to res^n hvi office of stamp-master under liberty tree ; annual orations were delivered in the old south meeting house, on the fifth of March, the day when some persons were unfortunately killed by a party of the twenty-ninth regiment ; lists of imaginary grievances were continually published ; the people were told weekly that the mini* istry had formed a plan to enslave them ; that the duty upon tee was only a prelude to a window tax, hearth tax, land tax, and poll tax ; and these were only paving the way for reducing the coun- try to lordships. This last bait was the more easily swallowed, as there seems to be an apprehension of that kind hereditary to the people of New-England ; and were conjured by the'duty the> ow- ed themselves, their country, and their God, by the reverence due to the sacred memory of their ancestors, and all their toils and sufferings in this once inhospitable wilderness, and by their affebtions for unborn millions, to rouse and exert themselves iq the common cause. This perpetual incantation kept the people in continual alarm. We were further stimulated by being told, that the people of England were depraved, the parliament venal, and the ministry corrupt ; nor were attempts wanting to traduce Majesty itself. The kingdom of Great Britain wp,s depicted as an ancient structure, once the admiration of the world, now sliding from its base, and rushing to its full. At the same time we were called upon to mark our own rapid growth, and behold the certain evidence that America was upon the eve of independent empire. When we consider what effect a well written tragedy or novel has on the human passions, though we know it to be all fictitious, what effect must all this be supposed to have had upon those, that believed these high wrought images to be realities ? The tories have been censured for remissness in not having exerted themselves sufficiently at this period. The truth of the case is this ; they saw and shuddered at the gathering storm, but durst not attempt to dispel it, lest it should burst on their own haads. Printers were threatened with the loss of their bread) for 151 publish iDgp freely on the tory side. One Mr. Mein vfos forced to iy the country for persisting in it. All our dissenting ministers were not inactive on this occasion. When the clei^y engage in a political warfare, religion becomes a most powerful engine, either to support or overthrow the state. What effect must it have had upon the audience to hear the same sentiments and principles, which they had before read in a news- paper, delivered on Sundays from the sacred desk, with a reli- gious awe, and the most solemn appeals to heaven, from lips which they had been taught, from their cradles, to believe could utter nothing but eternal truths ? What was it natural to expect from a people bred under a free constitution, jealous of their lib- erty, credulous, even to a proverb, when told their privileges were in danger, thus wrought upon in the extreme ? I answer, outrages disg^raceful to humanity itself. What mischief was not an artful man, who had obtained the confidence and guidance of such an enraged multitude, capable of doing ? He had only to point out this or the other man, as an enemy of his country ; and no character, station, age, or merit could protect the proscribed from their fury. Happy was it for him, if he could secrete his person, and subject his property only to their lawless ravages. By such means, many people naturally brave and human<;, have been wrought upon to commit such acts of private mischief and public vi- •lence, as will blacken many a page in the history of our country. I shall next trace the effects of this spirit, which the whigs had thuhinfused into the body of the people, through the courts of common law, and the general assembly, and mark the ways and means, wherebyt his election the next May. The council consisted pf twenty-eight. From this principle, near half that number, mostly men of the first families, note and abilities, with every possible attachment to their native country, and as far from temptation as wealth and independence could remove them, were tumbled from their seat^ in disgrace. Thus the board, which was intended to moderate between the two extremes of prerogative and privilege, lost its weight in the scale, and the political balance of the province was destroyed. Had the chair been able to retain its own constitutional influ- ence, the loss of the board would have been less felt ; but no longer supported by the board, that fell likewise. The Governor by the charter could do little or nothing without the council. If he called upon a military officer to raise the militia, he was an- swered, they were there already. If he called upon his council for their assistance, they must flrst enquire into the cause. If he wrote to government at home to strengthen his hands, some offi- cious person procured and sent back his letters. It was not the person of a Bernard or Hutchinson that made them obnoxious ; any other governors would have met with the same fate, had they discharged their duty with equal fidelity ; that is, had they strenuously opposed the principles and practices of the whigs; and when they found that the government here could not support itself, wrote home for aid sufficient to do it. And let me tell you, had the intimations in those letters, which you are taught to execrate, been timely attended to, we had now been as happy a people as good government could make us. Gov. Bernard came here recommended by the affections of the province over which he had presided. His abilities are acknowledged. True British honesty and punctuality are traits in his character, too strongly marked to escape the eye of prejudice itself. We know Gov- ernor Hutchinson to be amiable and exemplary in private life. His gpreat abilities, integrity and humanity were conspicuous, in the several important departments that he tilled, before his ap- pointment to the chair, and reflect honour on his native country. But his abilities and integrity, added to his thorough knowledge of the province, in all its interests and connexions, wero. insuffi- cient in this case. The constitution itself was gone, though the i ■■.i*,l i M I'ii 156 :<| ; i !• i'.' ii!;i i' •'!! II "h nnciont form remained ; the spirit was truly republican. He «q- Henvourcd to reclaim us by gentle means. He strove to convince us by ar^fumcnts, drawn from the first principles of government { our several charters, and the express acknowledgments of our an- /cestors, that our claims were inconsistent with the subordination due to Great Britain ; and if persisted in, might work the destruc- tion of those that we were entitled to. For this he was cnHed an en- emy to his country, and set up as a mark for the envenomed ar- rows of malice and party rage. Had I entertained a doubt about its being the governor, and not the man that was aimed at, the admirable facility with which the newspaper abuse was transfer- red from Gov. Hutchinson to his humane and benevotent succes- sor. Gen. Gage, almost as soon as he set foot on our shore, would have removed it. Thus, disaffection to Great Britain being infused into the body of the people, the subtle poison stole through all the veins and arteries, contaminated the blood, and destroyed the very stamina of the constitution. Had not the courts of justice been tainted in the early stages, our government might have expelled the virus, purged off the peccant humors, and recovered its former vigour by its own strength. The judges of the superior court were dependant upon the annual grants of the general court for their support. Their salaries were small, in proportion to the salaries of other officers in the government, of less importance. They had often petitioned the assembly to enlarge them, with- out success. They were at this time reminded of their depend- ance. However, it is but justice to say, that the judges remained unshaken, amid the raging tempests, which is to be attributed rather to their lirmness than situation. But the spirit of the times was very apparent in the juries, The grand jurors were elective ; and in such places where libels, xiots, aod insurrections were the most frequent, the high whigs took care to get them* selves chosen. The judges pointed out to them the seditious libels on governors, magistrates, and the whole government to no effect. They were enjoined to present riots and insurrections, of which there was ample evidence, with as little success. It is difficult to account for so many of the first rate whigs beiqg returned to serve on the petit jury at the term next after extra- ordinary insurrections, without supposing some legerdemain in drawing their nanfes out of the box. It is certain that notwitb- standing swarms of the most virulent libels infested the province, and there were so many riots and insurrections, scarce one offend- er was indicted, and I think not one convicted and punished. Causes of meum et tuum were not always exempt from party in- fluence. The mere circumstance of the whigs gaining the as- cendency over the tories, is trifling. Had the whigs divided the province between them, as they once flattered themselves they should be flble to do, it would have been of little consequence to the community, had they not cut asunder the very sinews of \4. ' !!1' 157 !ir> government, flod 'broke 411 pieces the lig^mentn of social life in the attempt. I will mention two instances, which I have selected out of many, of the weakness of our pfovcrnment, a« they ann recent and unconnected with acts of parlinment. One Ma1coln>, a loyal subject, and as such entitled to protection, the cveninf;^ be- fore the last winter sessions of the i>enerat court, wn* dni^^^ed out of his house, stript, tarred and feathered, and carted several hours in the severest frost of that winter, to the utmost haxard of his life. He was carried to the gallows with an halter about his neck, and in his passage to and from the gallows, was beaten with as cruel f^ripes as ever were administered by the hands of a savage. The whipping, however, kept up the circulation of his blood, and saved the poor man^s life. When they had satiated their malice, they dispersed in good order. This was transacted in the presence of thoosands of spectators ; some of whom were members of the general court. Malcolnrs life was despaired of several days, but he survived and presented a memorial to the general assembly, praying their interposition. The petition was read, and all he obtained was leave to withdraw it. So that be was destitute of protection every hour, until he left the country, as were thousands beside, until the arrival of the king^s troops. This originated from a small fracas in the street, wherein Malcolm struck, or threatened to strike a person that insulted him, with a cutlass, and had no connection with the quarrel of the times, un- less his sustaining a small post in the customs made it. The other instance, is much stronger than this, as it was total^ detached from politics. It had been suspected that infection had been communicated from an hospital, lately erected at Marble- head, for the purpose of innopulating the smalUpov, to the tc .n^s people. This ctiused a great insurrection ; the insurgents burnt the hospital ; not content with that, threatened the proprietors, and many others, some of the first fortunes and characters in the town, with burning their houses over their heads, and continued parading the streets, to the utmost terror of the inhabitants sev- eral days. A massacre and general devastation was apprehend(»!. The persons threatened, armed themselves, and petitioned the general assembly, which was then sitting, for assistance, as there was little or no civil authority in the place. ' A committee was or dered to repair to Marblehead, report the facts, and enquire into the cause. The committee reported the facts nearly as stated in the petition. The report was accepted, and nothing farther done by the assembly. Such demonstrations of the weakness of gov- ernment induced many persons to join the whigs, to seek from them that protection, which the constitutional authority of the province was unable to afford. Government at home, early in the day, made an effort to check us in our career, and to enable us to recover from anarchy with> out her being driven to the necessity of altering our provincial constitution, knowing the predilection that people always have m •''mr i III 11 • 158 for an ancient fomt of government. The judges of the superior court had not been sta^ered, though their feet stood in slippery places, they depended upon the leading whigs for their support. To keep them steady, they were made independent of the grant! of the general assembly : but it was not a remedy any way ade- quate to the disease. The whigs now turned their artillery against them, and it played briskly The chief justice, for ac- cepting the crown grant, was accused of receiving a royal bribe. Thus, my friends, those very persons that had made you be- lieve that every attempt to strengthen government and save our charter was an infringement of your privileges, by little and lit- tle destroyed your real liberty, subverted your charter constitu- tion, abridged the freedom of the house, annihilated the freedom of the board, and rendered the governor a mere doge of Venice. They engrossed all the power of the provinee into their own bands. A democracy or republic it has been called, but it dc not deserve the name of either ; it was, however, a despotic a cruelly carried into execution by mobs and riots, and more incom- patible with the rights of qaankind, than the enormous monarch- ies of the East. The absolute necessity of the interposition of parliament is apparent. The good policy of the act for regula- ting the government in this province, will be the subject of some future paper. A particular enquiry into the despotism of the whigs will be deferred for a chapter on congresses. I shall next ask your attention to a transaction, as important in its consequen- ces, and perhaps more so, than any 1 have yet mentioned ; I mean the destruction of the tea, belonging to the East-India company. I am sensible of the difficulty of the task, in combating generally received opinions. It is bard work to eradicate deep-rooted pre- judice. But I will persevere. There are hundreds, if not thou- sands, in the province, that will feel the truth of what I have written, line by line as they read it, and as to those who obstinately shut their eyes against it now, haply the fever of the times may intermit, there may be some lucid interval, when their minds shall be open to truth, before it is too late to serve them ; otherwise it will be revealed to them in bitter moments, attended with keen remorse and unutterable anguish. Magna est Veritas et prevalebit. MASSACHUSETTENSIS. ':k s ,r. I 159 ADDRESSED To the Inhabitants of the Province of Massachusetts Bay^ January 2, 1775. Mr DEAR COUNTRYMEN, PERHAPS by this time some of you may enquire who it is, that suffers his pen to run so freely ? I will tell you ; it is a native of this province, that knew it before many that are now basking in the rays of political sunshine, had a being. He was favored not by whigs or tories, but the people, with such a stand in the community, as that he could distinctly see all the political manoeu- vres of the province. He saw some with pleasure, others with pain. If he condemns the conduct of the whigs, he does not al- ways approve of the conduct of the tories. He dwells upon the misconduct of the former, because we are indebted to that for bringing us into this wretched slate^ unless the supineuess .of the latter, at some periods, and some impolitic efforts to chfck the whigs in their career, at others, that served like adding fuel to the fire, ought to be added to the account. He is now repaying your favors, if he knows his own heart, from the purest gratitude and the most undissembled patriotism, which will one day be ac- knowledged. I saw the small seed of sedition, when it was im- planted; it was, as a grain of mustard. I have watched the plant until it has become a great tree ; the vilest reptiles that crawl upon the earth, are concealed at the root ; the foulest birds of the air rest upon its branches. I now would induce you to go to work immediately with axes and hatchets, and cut it down, for a twofold reason ; because it is a pest to society, and lest it be felled suddenly by a stronger arm and crush its thousands in the fall. An apprehension of injustice in the conduct of Great Britain towards us, 1 have already told you was one source of our misery. Last week I endeavoured to convince you of the necessity of her regulating, or rather establishing some government amongst u&. I am now to point out the principles and motives upon which the blockade act was made. The violent attack upon the property of the East-India companv^ in the destruction of their tea, was the cause of it. In order to form a right judgment ot that tiansaction, it is necessary to go back and view the cause of its being sent here. As the government of England is mixt, so the spirit '>r ge- nius of the nation is at once monarchial, aristocratical, democrnt- ical, martial and commercial. It is difficult to determine which is the most predominant principle, but it is worthy of remark, that, to injure the Britn^h nation upon either of these points, is like in- juring a Frenchman m the point of honor Comm»Mrp is th« m Hi >. * Sill mm If] I! i'. ^ . J il'^ir ^ 160 great source of national wealth ; for this reason it is cherished by all orders of men from the palace to the cottage. In some coun- tries, a merchant is held in contempt hj the nobles ; in England they respect him. He rises to hij^h honors in the state, often contracts alliances with the tirst families in the king>dom, and no- ble blood flows in the veins of his posterity. Trade is founded upon persons or countries mutually supplying each other with their redundances. Thus none are impoverished, all enriched, the asperities of human life worne away, and mankind made hap- pier by it. Husbandry, manufacture and merchandize are its tri- ple support ; deprived of either of these, it would cease. Agriculture is the natural livelihood of a country but thinly in- habited, as arts and manufactures are of a populous one. The hig^i price of labour prevents manufactures being carried on to advantage in the fn-st, scarcity of soil obliges the inhabitants to pursue them in the latter. Upon these, iind considerations ari- King from the fertility and produce of different climates, and siich like principles, the grand system of the British trade is founded. The collected wisdom of the nation has alw?ys been attentive to this great point of policy, that the national trade might be so bal- anced and poised, as that each part of her extended dominions mipfht be benefitted, and the whole concenir' 'o the good of the umpire. This evinces the necessity of acts k " sjulating trar \ To prevent one part of the empire being enriched at the ex- pence and to the impoverishing of another, checks, restrictions, and sometimes absolute prohibitions are necessary. These are imposed or taken off as circumstances vary. To carry the acte of trade kito execution, many officers are necessary. Thus, we see a number of custom-house officers, so constituted as to bo rhecks and controuls upon es^ch other, and prevent their swerv- ing from their duty, should they be tempted, and a board of com- missioners appointed to superintend the wiiole, like the commis- sioners of the customs in Ei»gland. Hence also arise** the necef- sity of courts of admiralty. The laws and regulations of trade, are esteemed in hlngland, a*^ sacred. An estate made by smuggling or pursuing an illicit tiade, is there looked upon as tilthy lucre, as monies amassed by gaming. and upon the same principle, becisuse it is obtained at the er*pnuc^ and often ruin of others. Tb*' smuggler not only injures tiie puu- lic, but often ruins the fair trader. The great extent of sea-cba^t, many harbours, the variety oi' islands, the numerous creeks and navigable rivers, afford th*- great- est opportunity to drive an illicit trade, in these colonn's, wthout detection. This advantage has not been overlooked by "he avar- icious, and many persons seem to have set the i*ws u! i»»a{i^ at defiance. This accounts for so many new -.-egulau^^* veing made, new officers appointed, and ships of war, troio time i^ timo, station- ed along the continent. The way to HoUam and back again is well known, and by much the greatest p»rt oJ the te» that \y.\* lei been drank in America for several years, has been imported (tovi thence and other places, in direct violation of law. By this thef smu^iers have amassed great estates, to the prejudice of the fair trader. It was sensibly felt by the, East-India company ; they, were prohibited from exporting their teas to America, and were obliged to sell it at auction in London ; the London merchant pur- chased it, and put 4 profit upon it when he shipt it for America ; the American merchant, in his turn, put a profit upon it, and after him the shopkeeper; so that it came to the consumer's hands, at a tery advanced price. Such quantities of tea were annually smug- gled that it was scarcely worth while for the American merchant to import tea from England at all. Some of the principal trading towns in America were wholly supplied with thjs commodity by smuggling ; Boston however continued to import it, until advice was received that the parliament had it in contemplation to pei-. mit the East-India company to send their tea*^ directly to America. The Boston merchants then sent their orders conditionally to their correspondents in England, to have tea shipt for them in ease the East-India company's tea did not come out ; one mer- chant, a g^eat whig, had such an order lying in Engjiai^d for sixty chests, on his own account, when the company's tea. was sent- An act of parliament was made to enable the East-India company to send their tea directly to America, and sell it at auction there, not with a view of raising a revenue from the three penny duty, but to put it out of the power of the smugglers to injure them by their infamous trade. We have it from good authority, that the revenue was not the consideration before parliament, and it is reasonable to suppose it ; for had that been the point in view, it was only to restore the former regulation, which waa then al- lowed to be constitutional, and the revenue would have been res- pectable. Had this new regulation taken effect, the people in America would have been great gainers. The wholesale mer- chant might have been deprived of some of his gains ; but the retailer would have supplied himself with this article, directly: from the auction, and the consumer reap the benefit, as tea would have been sold under the price that had been usual, by near one half. Thus the country in general would have been great gain- ers, the East-India company secured in supplying the American market with this article, which they are entitled to by the laws of trade, and smuggling suppressed, at \eant as to tea. A smug- gler and a whig are cousin germans, the offspring of two sisters, avarice and ambition. They had been playing into each others hands a long time. The smuggler received protection from the whig, and he in his turn received support from the smuggler. The illicit trader now demanded protection from his kinsman, and it would have been unnatural in him to have refused it ; and be side, an opportunity presented of strengthening his own interest. The consignees were connected with the toiies, and that was a further stimulus. Accordingly the preat w&f again set to work, 21 •i'-^ '■'m K' ' .. ,"> •'I 'I Of I'i;^^^ ■i I : I •:; . „ % I! 'A ,.k 'II \\ I lit til «^1 liii and the old stor^ repeated with addition about monopolies, and many infatuated persons once more wrought up to a proper pitch to carry into execution any violent measures, that their leaden should propose. A hold stroke was resolved upon. The whigs, though they had got the art of managing the people, had too mnco sense to be ignorant that it was nil a mere finesse, not only with- out, but directly repugnant to law, constitution and government, and could not last always. They determined to put all at hazard, and to be aut Coesar aut nulhts. The approaching storm was fore- seen, and the first ship that ariived with the tea, detained below Castle William. A body meeting was assembled at the old south meeting-house, which has great advantage over a town meeting;, as no law has yet ascertained the qualitication of the voters ; each person present, of whatever age, estate or country^ may take tjie liberty to speak or vote at such an assembly ; apd that might serve as a screen to the town where it originated, in case el any disastrous consequence. The body meeting consisting of several thousands, being thus assembled, with the leading whigs at itM head, in the first place sent for the owner of the tea ship, and re- quired him to bring her to the wharf, upon pain of their displea- sure ; the ship was accordingly brought up, and the master was obliged to enter at the custom house. He reported the tea, after which twenty days are allowed for landing it and paying the diity. The next step was to resolve. They resolved that the tea should not be lan.?«:! / " .i:< K' * ir 'i '^: '! ( . ■ Il,t; ■ ; i '1 ' 1 ■ '! ' 1 :,, ,., ,,j _ \ .:, ;,! ; f r,- f ' ■ 'ij ',11 164 the principals of treason. We have a gracious king up«n t)i$ throne ; he felt the resentment of a man, softened by the relent- ings of a parent. The bowels of our mother country yearned towards her refractory, obstinate child. It was determined to consider the offence in a milder light, and to compel an indemniiication for the sufferers, and prevent the like for the future, by such means as would be mild, compared with the insuii to the nation, or severe, as our future conduct should be ; that was to depend upon us. Accordingly the blockade act was passed, and had an act of justice been done in indemnifying the sufferers, and an act of loyalty in putting a stop to seditious practices, our port had long since been opened. This act has been called unjust, because it involves the innocent in the same pre- dicament with the guilty ; but it ought to be considered, that pur newspapers had announced to the world, that several thou|andiB attended those body meetings, and it did not appear that there wa|^ one dissentient, or any protest entered. 1 do not know how a per- eon could expect distinction, in such a case, if he neglected to distin- guish himself. When the noble lord proposed it in the house of commons, he called upon all the members present, to mention a better method of obtaining justice in this case ; scarce one denied the necessity of doing something, but none could mention a more eligible way. Even ministerial o^>position was abashed. If any parts of the act strike us, like the severity of a master, let us cool- ly advert to the aggravated insult, and perhaps we shall wonder at the lenity of a parent. Afler this tran^ction, all parties seem to have lain upon their oars, waiting to see what parliament would do. When the blockade act arrived, many and many were desir- ous of paying for the tea immediately, ind some who were guilt- less of the crime, offered to contribute to the compensation ; but our leading whigs n^ust still rule the roast, and that inauspicious influence that had brought us hitherto, plunged us still deeper in misery. The whigs saw their ruin connected with a compliance with the terms of opening the port, as it wodld furnish a convin- cing proof of the wretchedness of their policy in the destruction of the tea, and they might justly have been expected to pay the money demanded themselves, and set themselves industriously to work to prevent it, and sngage the other colonies to espouse their cause. This was a crisis too important and alarming to the province to be neglected by its friends. A number of as respectable persons as any in this province, belonging to Boston, Cambridge, Salem and Marblehead, now came forward, publicly to disavow the pro- ceedings of the whigs, to do justice to the much injured character of Mr. Hutchinson, and to strengthen his influence at the court of Great Britain, where he was going to receive the well deserved plaudit of his sovereign, that he might be able to obtain a repeal or some mitigation of that act, the terms of which they foresaw, ♦the perverseness of the whigs would prevent a compliance with. n. : m ill .Jl ) 165 with. Thii was done by several addresses, which were subscribed by ap> wards of two hundred persons, and would have been by many more, had not the sudden embarkation of Mr. Hutchinson prevent* ed it. The justices of the court of common pleas and general ses- sions of the peace for the county of Plymouth, sent their address to him in England. There were some of almost all orders of men among these addressers, but they consisted principally of men of property, large family connections, and several were independent in their circumstances, and lived wholly upon the income of their estates. Some indeed might be called partizans ; but a very con* siderable proportion were persons that had of choice kept them- selves at a distance from the political vortex ; had beheld the com-> petion of the whigs and tories without any emotion, while the community remained safe ; had looked dowi^on the political dance in its various mazes and intricacies, and saw one falling, thority. This appears specious ; but leads to such absurdities m demonstrate its fallacy. If the colonies are not subject to the authority of parliament, Great Britain and the colonies must be distinct states, as completely so, as England and Scotland were be- fore the union, or as Great Britain and Hanover are now. The J* 17J colonies in that case will owe no allegiance (o the imperial crowo, and perbops not to the penon of the king, as the title to the crown is derived from an act of parliament, made since the set- tlement of this province, which act respects the imperial crown only. Let us wave this difficulty, and suppose allegiance due from the colonies lo the person of the king of Great Britain. He then appears in a new capacity, of king of America, or rather in sev- eral new capacities, of king of Massachusetts, king of Rhode- Island, king of Connecticut, iic. &c. For if our connexion with Great Britain by the parliament be dissolved, we shall have none among ourselves, but each colony become as distinct from the others, ns England was from Scotland, before tlie union. Some have supposed that each state, having one and the same person for its king, is a sufficient connection. Were he an absolute mon- arch, it might be ; but in a mixed government, it i^ ho union at all. For as the king must govern each state, by its parliament, those several parliaments would pursue the particular interest of its own state ; and however well disposed the king might be to pursue a line of interest, that was common to all, the checks and controul that he would meet with, would render it impossible. If the king of Great Britain has really these new capacities, they ought to be added to his titles ; and another difficulty will arise, the prerogatives of these new crowns have never been defined or limited. Is the monarchical part of the several provincial con- stitutions to be nearer or more remote from absolute monarchy, in an inverted ratio to each one's approaching to, or receding from a republic ? But let us suppose the same prerogatives inherent in the several American crowns, as are in the imperial crown of Great Britain, where shall we find the British constitution, that we all agree we are entitUil to? We shall seek for it in vain in our provincial assemblies. They are but faint sketches of the estates of parliament. The houses of representatives, or Burgesses, bare not all the powers of the house of commons ; in the charter governments they have no more than what is expressly granted by their several charters. The first charters granted to this pro- vince did not empower the assembly to tax the people at all. Our council boards are as destitute of the constitutional authority of the house of lords, as their several members are of the noble independence, and splendid appendages of peerage. The house of peers is the bulwark of the British constitution, and through successive ages, has withstood the shocks of monarchy, and the sappii^s of democracy, and the constitution gained strength by the conflict. Thus the supposition of our being independent states, or exempt from the authority of parliament, destroys the very idea of our having a British constitution. The provincial consti- tutions, considered as subordinate, are generally well adapted to those purposes of government, for which they were intended ; that is, to reg^ilate the internal police of the several colonies ; but have no principle, of stability within themselves ; they may sup- f m rJ>\ & '■f' ■■•> a/'i 'hil Hi M H liJ HiS* 'M '■•^i - ■-■ '' ii V ♦ ■'' I V-'J i m I! m \WW ^>h% I • ■ i :!.' I ■^ i'r. 1 i • !iil.i 'J \l ■ :i::f If lit; < liiii . 172 port themselves in moderate times, but would be merged by the violence of turbulent ones, and the several colonies become wholly monarchical, or wholly republican, were it not for the checks, controuls, regulations, and supports of the supreme au- thority of the empire. Thus the argument, that is drawn from their first principle of our being entitled to Engli:4 liberties, destroys the principle itself, it deprives us of the bill of rights, and all tHc benefits resulting from tbe revolution of English laws, and of % the British constitution. Our patriots have been do intent upon building up Americaa rights, that they have overlooked the rights of Great Britain, and our own interest. Instead of proving that we were entitled to. privileges, that our fathers knew our situation would not ad- mit us to enjoy, they have been ai^uing away our most essential rights. If there be any grievance, it does not consist in our being subject to the authority of parliament, but in our not having an actual representation in it. Were it possible for the colonies to have an equ'^d representation in parliament, and were refused it npon proper application, 1 confess 1 should think it a grievance , but at pi^QMnt it seems to be allowed, by all parties, to be imprac- ticable, considering the colonics are distant fron; Gr^dt Britain a thousand transmarine leagues. If that be the c'i^e, the right or privilege, that we complain of being deprived of, is not withheld by Britain, but tbe first principles of government, and the immutable lawa of uature, render it impossible for us to enjoy it. This is a(n>2rei)My the meaning of that celebrated passa(;e in Governor Hutchinson's letter, that rang through the continent, viz : There must be an abridgment of what is called English liberties. He subjoins, that he had never yet seen the projection, whereby a colony, three thousand miles distant Irom the parent state, might enjoy all the privileges of the parent state, and remain subject to it, or in words to that efiect. The obnoxious sentence, taken de« tached from the letter, appears very unfriendly to the colonies ; but considered in connection with ths other parts of the letter, is but a necessary result from our situation. Allegiance and protec- tion are reciprocal. It is our highest interest to continue a part of the British empire ; and equally our duty to remain subject to the authority of parliament. Our own internal police may gen- '^rally be regulatad by our provincial legislatures, but in na- tional concerns, or where our own assemblies do not answer the ends of government with respect to ourselves, the ordinances or interposition of the great council of the nation is necessary. In this case, the major must rule the minor. After many more cen- turies shall have rolled away, long after we, who are now bust- ling upon the stage of life, shall have been received to the bosom of mother earth, and our names are forgotten, the colonies may be so far increased as to have the balance of wealth, numbers and power, in their favour, the good of the empire make it necessary to fix the i^eat of government here ; and some future George, '4 173 rtquaHy the friend of mankind, with him (hat aow sways the British sceptre, may cross the Atlantic and rule Great Britain, bv an American parliament. MaSSACHUSKTTENSIS. " ADDRESSED To the Inhabitants of the Province ofMassackisetis Ba^ January 16, 1775. MT DEAR COUNTRYMEN, HAD a person, some fifteen years ago, undertaken to ppc-ve that the colonies were p. part of the British empire or dominion, and as such, subject to the authority of the British parlianr»* >v, ho would have acted as ridiculous a part, as to have uodertak"!) to prove a self-evident proposition. Had any person denied it, he would have been called a fool or miulman. At this wise peri extend [nly sub- )r a dojs- ade, and jns from ) acts of ^ts to aid of their hout im- [ii^lature. that con- lawyers d the pa- ler *hen- le power I at first id prolix ips more ion, that > author- will ap- f04, by a ligs, and equalled vhence I lat all «i and that ament of hority to shall and it Britain consent on their le parlia- nnot im- lern, but lOUgh cr- 181 '* It is a maxim, that the king can do no wrong ; nnd ever}' good subject is bound to believe his king is not inclined to do any. We arfe blessed with a prince who has given abundant demonstra- tions, that in all his actions, he studies the good of his people, and the true glory of his crown, which are insepcrable. It would therefore be the highest degree of impudtnce and disloyalty, to imagine that the king, at the head of his parliament, could have any but the most pure and perfect intentions of justice, gbodness and truth, that human nature is capable of. All this 1 say and be- lieve of the king and parliament, in all their acts ; even in that which so nearly affects the interests of the colonists ; and that a most perfect and ready obedience is to be yielded to it while it re- mains in force. The power of parliament xa uncontroulable but by themselves, and we must obey. They only can repeal their own acts. There would be an end of all government, if one or a number of subjects, or subordinate provinces should take upon them so far to judge of the justice of an act of parliament, as to refuse obedience to it. If there was nuihing else to restrain such a step, prudence ought to do it, for forcibly resisting the parlia- ment and the king^s laws is high treason. Therefore let the par* liament lay what burdens they please on us, we must, it is our duty to submit and patiently bear them, till they will be pleased to relieve us." The Pennsylvania Farmer, who took the load in explaining away the right of parliament to raise a revenue in America, speaking of regulating trade, tells us, that " he who considers these provinces as states distinct from the British empire, has very slender notions of justice, or of their interest ; we are but parts of a whole, and tU«>refore there must exist a power somewhere to preside, and preserve the connection in due order. This power is lodged in parliament, and we are as much dependant on Great Britain as a perfectly free people can be on another." He supposes that we are dependant in some considerable degree upon Great Britain ; and that that dependance is nevertheless consist ent with perfect freedom. Having settled this point, let us reflect upon the resolves and proceedings of our patriots. We often read resolves denying the authority of parliament, which is the imperial sovereign, gild- ed over with professions of loyalty to the king, but the golden leaf is too thin to conceal the treason. It either argues profound ignorance or hypocritical cunning. We find many unsuspecting persons prevailed on openly to op- pose the execution of acts of parliament with force and arms. My friends, some of the persons that beguiled you, could have turned to the chapter, page and section, where such insiirroctions are pronounced rebellion, by the law of the land ; and had not their hearts been dead to a sense of justice, and steeled against every feeling of humanity, they would have timely warned you of your danger. Our patriots have sent us in pursuit of a mere ■ M ^'^. :-^''l •■!■ n nE ■ " '■ '1 p. f. |l ' 1 B v i 1 • ' ¥' ' i !;^' ^' ' if n 1 lit 'I 1 1 ' 1. ■v I '>i> f^ li 182 ignit faitiua, a fascinatint; tiflare devoid of substance ; and noir when we find ourselves bewildered, with "carce one rny of hope to raise our sinkinf^ spirits, or stay our fainting souls, they conjure up phantoms more delusive and fleeting, if possible, than that which first led us astray. They tell us, we are a match for Great Britain. The twentieth part of the streng-th that Great Britain could exert, were it necessary, is more than sufHcient to crush this defenceless province to atoms, notwithstanding all the va- pouring of the disaffected here and elsewhere. They tell us the army is disaifected to the service. What pains have our wretch- ed politicians not taken to attach them to it ? The officers con- ceive no very favourable opinion of the cause of the whigs, from the obloquy with which their General hath been treated, in re- turn for his humanity, nor from the infamous attempts to seduce the soldiers from his majesty's service. The policy of some of our patriots has been as weak and contemptible, as their motives are sordid and malevolent ; for when they found their success, in corrupting the soldiery, did not answer their expectations, they took pains to attach them firmer to the cause they adhered to, by preventing the erecting of barracks for their winter quarters, by which means many contracted diseases, and some lives were lost, from the unwholesome buildings they were obliged to occupy ; and, as though some stimulus was still wanting, some provocation to prevent human nature revolting in the hour of battle, they de- prived the soldiers of a gratification never denied to the l>rute creation ; straw to lie on. I do not mention this conduct to raise the resentment of the troops ; it has had its effect already ; and it is proper you should know it ; nor should i have blotted paper in relating facts so mortifying to the pride of man, had it not been basely suggested that there would be a defection should the army take the field. Those are matters of small moment, compared to another, which is the cause they are engaged in. It is no long- er a struggle between whigs and tories, whether these or those t^hall occupy posts of honour, or enjoy the emoluments of office, liur is it now whether this or the other act of parliament shall be repealed. The army is sent here to decide a question, intimately concected with the honour and interest of the nation, no less than whether the colonies shall continne a part of, or be for ever dis- membered from the British empire. It is a cause in which no honest Aniericau can wish our politicians success, though it is de- voutly to be Tvished, that their discomtiture may be effected with- out recourse being had to the ultima ratio — the sword. This, our wretched situation, is but the natural consequence of denying the authority of parliament, and forcibly opposing its acts. Someiiniiis we are amused with intimations that Holland, France or Spain, will make a diversion in our favour. These, equally with the oiliprs, are suggestions of despair. These powers have ( olonies of their own, and might not choose to set a bad example, fiy cncoiirasring the colonies of any other state to revolt. The 183 , from m Dutch have too much money in the English funds, and are tou much attached to their money to espouse our ciuarrel. The French and Spaniards have not yet forgot the drubbing they re- ceived from Great Britain last war ; and all three fear to offend that power which our politicians would persuade us to despise. Lastly, they tell us that the people in England will take our part, and prevent matters from coming to extremity. This is their fort, where, when driven from every other post, they fly for refuge. Alas, my friends ! our congresses have stopped up every ave- oue that leads to that sanctuary. We hear, by every arrival from England, thi<* it is no longer a ministerial, (if it ever was) but a national cause. My dear countrymen, 1 deal plainly with 31OU. I never should forgive myself if 1 did not. Arc there not eleven regiments in Boston ? A respectable tleet in the harbour ? Men of war stationed at every considerable port along the continent ? Are there not three ships of the line sent here, notwithstanding the danger of the winter coast, with more than the usual compli- ment of marines ? Have not our congresses, county, provincial, and continental, instead of making advances for an accommoda- tion, bid defiance to Great Britain ? He that runs may read. If our politicians will not be pursuaded from running against the thick bosses of the buckler, it is time for us to leave them to their fate, and provide for the safety of ourselves, our wives, our chil- dren, our friends, and our country. , I have many things to add, but must now take my leave, for thi^ week, by submitting to your judgment whether there be not an absolute necessity of immediately protesting against all traitorous resolves, leagues, and associations, of bodies of men, that appear to have acted in a reprejentative capacity. Had our congresses been accidental or spontaneous meetings, the whole blame might have rested upon the individuals that composed them ; but as they appear in the character of the people's delegates, is there not the utmost danger of the innocent being confounded with the guilty, unless they take care timely to distinguish themselves ? MASSACHUSETTENSIS. t . EM IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 1.25 mm If li£ ill 2.0 III 1.8 U ill 1.6 V] <^ /2 >> <^/ ."^ '^> '/ /^ Hiotographic Sdences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 873-4503 ^5- I 6^ i I t m 1i i. xr 164 ADDRESSED 7)> ^/le Inhabitants of the Province of Massachusetts Bay^ January 30, 1775. MY DEAR COVKTRVMEK AS the oppugnation to the king in parliament tends manifestly to independence, and the colonies would soon arrive at that point, did not Great Britain check them in their career ; let ns indulge the idea, however extravagant and romantic, and suppose our- selves for ever separated from the parent state. Let us suppose Great Britain sinking under the violence of the shock, and over- whelmed by her ancient hereditary enemies ; or what is more probable, opening new sources of national wealth, to supply the deficiency of that which used to flow to her through American channels, and perhaps planting more loyal colonies in the new discovered regions of the sonth, still retaining her pre-eminence among the nations, though regardless of America. Let us now advert to our own situation. Destitute of British protection, that impervious barrier, behind which, in perfect se- curity, we have increased to a degree almost exceeding the bounds of probability, what other Britain could we look to when in dis- tress ? What succedaneum does the world afford to make good the loss? Would not our trade, navigation, and fishery, which no nation dares violate or invade, when distinguished by British col- oars, becomt the sport and prey of the maritime powers of Eo- rope ? Would not our maritime towns be exposed to the pilla- ging of every piratical enterprise ? Are the colonies able to maintain a fleet, sufficient to afford one idea of security to such an extensive sea-coast ? Before they can defend themselves against foreign invasions, they must unite into one empire ; other- wise the jarring interests, and opposite propensities, would render the many headed monster in politics, unwieldly and inactive. Neither the form or seat of government would be readily agreed upon ; more difficult still would it be to fix upon the person or persons, to be invested with the imperial authority. There is perhaps as great a diversity between the tempers and habits of the inhabitants of this province, and the tempers and habits of the Carolinians, as there subsists between some different nations ; nor need we travel «o far ; the Rhode-Islanders are as diverse from the people of Connecticut, as those mentioned before. Most of the colonies are rivals to each other in trade. Between others tliere subsist deep animosities, respecting their boundaries, which have heretofore produced violent altercations, and the sword of its Bay^ lanifestljr lat point, 8 indulge pose our- s suppose ind over- ; is more ipply the \mcrican the new eminence >f British erfect se- le bounds en in dis- ake good which no citish coi- rs of Ea- the pilla- able to to such emselves other- render inactive, agreed rson or ^here is labits of ts of the ons ; nor rse from Most of n others which iword of 185 civil war has been more than once unsheathed, without hrin;jt were torn, reluctant and bleed- insf from them, in the last war, hy the superior strength of Britain. Oiir enemies would ag^ain extend their line of fortification, from the northern to the southern shore ; and by means of our late settlements stretchin;^ themselves to the confines of Canada, and the communications opened iVom one country to the other, we should be exposed to perpetual incursions from Canadians and savages. But our distress would not end here ; for when once tlicse incursions should be supported by the formidable arma- ments of PVance and Spain, the whole continent would become their easy prey, and would be parcelled out, Poland like. Rec- ollect the consternation we were thrown into last war, when Fort William Henry was taken by the French. It was apprehended that all New England would be overrun by their conquering arniB. It was even proposed, for our own people to burn and lay waste all the country west of Connecticut river, to impede the enemies march, and prevent their ravaging the country east of it. This j)roposal come frotn no inccnsiderable man. Consider what must really have been our fate, unaided by Britain last war. Great Britain aside, what earthly power could stretch out the compassionate arm to shield us from those powers, that have long beheld us with the sharp, piercing eyes of avidity, and have here- tofore bled freely, and expended their millions to obtain us ? Do you suppose their lust of empire is satiated ? Or do you suppose they would scorn to obtain so glorious a prize by an easy conquest ? Or can any be so visionary or impious, as to believe that the Father of the Universe will work miracles in favour of rebellion ? And after having, by some unseen arm, and mighty power, destroyed Great Britain for us, will in the same mysterious way defend us against other European powers ? Sometimes we are told, that the colonies may put themselves under the protection of some one foreign slate ; but it ought to be considered, that to do that, we must throw ourselves into their power. We can make them no return for protection, but by trade ; and of that they can have no assurance, unless we become subject to their laws. This is evi- dent by our contention with Britain. Which state would you prefer being annexed to ; France, Spain, or Holland ? I suppose the latter, as it is a republic. But are you sure, that the other powers of Europe would be idle spectators ; content to suffer the Dutch to engross the Ameri- can colonies, or their trade ? And what figure would the Dutch probably make in the unequal contest ? Their sword has been long since sheathed in commerce. Those of you that have visited Surinam, and seen a Dutch governor dispensing at discre- tion his own opinions for law, would not suddenly exchange the English for Dutch government. 187 I will subjoin some observations from the Farmer's letters. " Wheu the appeal is made to tlie sword, highly probable it is, that the punishment will exceed the oli'encc, and the calamities attending on war outweigh those preceding it. These considera- tions of justice and prudence, will always have great influence with good and wise men. To these reflections it remains to be added, and ought forever to be remembered, that resistance in the case of the colonies agsiinst their mother country, is extremely different from the resistance of a people against their prince. A nation may change their king, or race of kingt", and retaining their ancient form of government, be gainers by changing. Thus Great Britain, under the illustrious house of Brunswick, a house that seems to flourish for the happiness of mankind, has found a felicity unknown in the reigns of the Stewarts. But if once we are separated from our mother country, what new form of govern- ment shall we adopt, or where shall we find another Britain to supply our loss ? Torn from the body, to which we are united by religion, laws, affection, relation, language and commerce, we must bleed at every vein. In truth, the prosperity of these pro- vinces is founded in their dependance on Great Britain." MAJSSACHUSETTENSIS. " f 11' Jut**" j '' - ;.<■ ■■; f i ■.' ' f^v Ml W 'i rt ■ ■ I , ADDRESSED To the Inhabitants of the Province of Massachusetts Bay, February 6, 1775. MT DEAR COUNTRYMEN, WHEN we reucct upon the constiVutional connection between Great Britain and the colonies, view ihe reciprocation of interest, consider that the welfare cf Britai'i, in some measure, and the prosperity of America wholly cJtj.ends upon that connection ; it is astonishing, indeed, almost incredible, that one person should be found on either side of the Atlantic so base, and destitute of ev- ery sentiment of justice, as to attenpt to destroy or weaken it. If tliere are none such, in the nunie of Almighty God, let me ask, wherefore is rebellion, that implacable fiend to society, suffered to rear its ghastly front among us, blasting, with haggard look) each social joy, and embittering every hour ? Rebellion is the most atrocious offence, that can be perpetrated by man, save those which are committed more immediately against the supreme Governor of the Universe, who is the avenger of his own cause. It dissolves the social band, annihilates the security resulting from law and government ; introduces fraud, violence, 1, ■■ '■■ ■',■ m v^ UTTr 188 M ', ■ i' t 1 ■J t 1 t ■ i \ • ' i m mpinp, murder, «acrile£^*», and the long: train of evils, that riot, tincontronlcd, in a state of nature. Allegiance and protection are reciprocal. The subject is bound by the connpact to yield obe- dience to government, and in return, is entitled to protection from it ; thus the poor are protected against the rich ; the weak against the strong ; the individual against the many ; and this protection is guaranteed to each member, by the whole commu- nity. But when government is laid prostrate, a state of war, of nil against all commences; might overcomes right; innocence it- self has no security, unless the individual sequesters himself from his followmen, inhabits his own cave, and seeks his own prey. This is what is called a state of nature. 1 once thought it chi- merical. The punishment inflicted upon rebels and traitors, in all states, bears some proportion to the aggravated crime. By our law, the jtunishment is, " That the offender be drawn to the gallows, and not be carried, or walk ; that he be hanged by the neck, and then cut down alive ; that his entrails be taken out and burned while he is yet alive ; that his head be cut off; that his body be divided into four parts ; that his head and quarters be at the king's dis- posal." The consequences of attainder, are forfeiture and cor- ruption of blood. " Forfeiture is two-fold, of real and personal estate ; by attain- der in high treason a man forfeits to the king all his lands and tenements of inheritance, whether fee simple, or fee tail ; and all his rights of entry on lands and tenements, which he had at the time of the offence committed, or at any tinje afterwards to be for ever vested in the crown. The forfeiture relates back to the time of the treason being committed, so as to avoid all interme- diate sales and incumberances ; even the dower of the wife is for- feited. The natural justice of forfeiture, or confiscation of pro- perty, for treason, is founded in thi^ consideration, that he, who has thus violated the fundamental principles of government, and broken his part of the original contract between king and people, hath abandoned his connections with society ; hath no longer any right to those advantages, which before belonged to him purely as a member of the community, among which social advantages the right of transferring or transmitting property to others, is one of the chief. Such forfeitures, moreover, whereby his posterity must suffer, as well as himself, will help to restrain z man, not only by the sense of his duty and dread of personal punishment, but also by his passions and natural affections ; and will influence every dependatit and relation he has to keep him from offending." 4 Kiack. 37 1. 375. It is remarkable, however, that this offence, notwithstanding it is of a crimson colour, and the deepest dye, and its just punish- ment is not confined to the person of the offender, but beggars all his family, is sometimes committed by persons, who are not con- scious of guilt. Sometimes they are ignorant of the law, and do vt| 189 not foresee the evils they brincf upon society ; at otliers, they arc induced to think that thoir cause is founded in the ot( nml luinci- ples of justice and truth, that they are only making an aji|ieal to heaven, and may justly expect its decree in their favour. Doubt- less many of the rebels, in the year 1745, were buoyed up with such sentiments, nevertheleos they were cut down lilie grass be- fore the scythe of the mower ; the gibbet and scaffold received those that the sword, wearied with destroying, had spared ; and what loyalist shed one pitying tear over their graves? I'hey were incorrigible rebels, and deserved their fate. 'I'he commu- nity is in less danger, when the disaffected attempt to excite a re- bellion against the person of the prince, than when government itself is the object, because in the former case the questions are few, simple, and their solutions obvious, the fatal conseouences more apparent, and the loyal people more alert to suppress it in embryo; whereas, in the latter, a hundred rights of the jccijdc, inconsistent with government, and as many grievances, destitute of foundation, the mere creatures of distempered br;iiiis, are pourtrayed in the liveliest colours, and serve as bugbears to af- fright from their duty, or as decoys to allure the ignorant, the credulous and the unwary, to their destruction. 'J'heir suspicions are drowned in the perpetual roar for libeilv and country; and even the professions of allegiance to the person of the king, are improved as means to subvert his government. In mentioning high treason in the course of these papers, I may not always have expressed myself with the precision of a lawyer ; they have a language peculiar to themst.lves. I have examined their books, and beg leave to lay before you some fur- ther extracts, which deserve your attention. " To levy war against the king, was high treason by the common law, 3 inst. 9. This is also declared to be high treason by the stat. of 25 Kdw. 3. c. 2. and by the law of this province, 8 W. 3 c. 5. Assem- bling in warlike array, against a statute, is levying war against the king, 1 Hale 133. So to destroy any trade generally, 146. Riding with banners displayed, or forming into companies ; or being fuinished with military ofiicers ; or armed with military weapons, as swords, guns, &.c. any of these circumstances carries the speciem belli, and will support an indictment for high treason in levying war, 150. An insurrection to ri.ise the price of ser vants wages was held to be an overt-act of this species of trea- son, because this was done in defiance of the staivte of labourers j it was done in defiance of the king's authority, 5 Bac. 117 cites 3 inst. 10. Every assembling of a number of men, in a warlike manner, with a design to redress any public grievance, is likewise an overt-act of this species of treason, because this being an at- tempt to do that by private authority, which only ought to be done by the king^s authority, is an invasion of the prerogative, 5 Bac. 117 cites 3 inst. 9. Ha. p. c. 14. Kel. 71. Sid. 358. 1. Hawk. 37 Every assembling of a number «f men in a warlike manner, with : ■7-,:, '-hi: ■■■M '.i • ■ ; t ■ : i ]'. J -» ■t i Hi: m. "M'-Ti: .' i ■ -.1 I ' ■r 190 b;i>i' r^^ .11 M. iiiffl'!i'i'i...iiill! Y * "A M,i", Irlii' ! 1 an intention to reform the government, or the law, is an overt- act of this species of treitson, 5 B.ic. 117. cites 3 inst. 9. 10. Poph. 122. kel. 76. 7. 1 Hawk. 37. Levying war miiy be by taking arms, not only to dethrone the king, but under pretence to reform religion, or the laws, or to remove evil couucellors, or other grievances, whether real or pretended, 4 Black. 81. Fos- ter 211. If any levy war to expulse strangers ; to deliver men out of prison ; to remove councellors, or against any statute ; or to any other end, pretending reformation of their own heads, without warrant, this is levying wir against the king, because they take upon them royal authority, which is against the king, 3 inst. 9. If three, four, or more, rise to pull down an inclosure, this is a riot ; but if they had risen of purpose to alter religion, estab- lished ivithin the realm, or laws, or to go from town to town gen- erally, and cast down inclosures, this is a levying of war (though there be no great number of conspirators) within ihe purview of this statute ; because the pretence is public and general, and not private in particular, 3 inst. 9. Foster 211. if any, with strength and weapons, invasive and defensive, do hold and defend a castle or fort, against the king and his power, this is levying of war against the king, 3 inst. 10 Foster 219. 1 Hale l-*9. 296. It was resolved by all the judges of England in the reign of Hen- ry the 8th, that an insurrection against the statute of labourers, for the enhancing of salaries and wages, was a levying of war against the king, because it was generally against the king''s laxo^ and the offenders took upon them the reformation thereof, which subjects by gathering of power, ought not to do, 3 inst. 10. All ri- sings in order to eflfect innovations of a public and general concern, by an armed force, are, in construction of law, high treason within the clause of levying war For though they are not levelled at the person of the king, they are against his royal majesty. And besideu, they have a direct tendency to dissolve all the bonds of society, and to destroy all property, and all government too, by numbers and an armed force, Foster 211. In Benstead^s case, Cro. car. 593. At a conference of all the justices and barons, it was resolved, that going to Lambeth house, in warlike manner, to surprize the arch- bishop, who was a privy counsellor (it being with drums and a multitude) to the number of three hundred persons, was treason ; upon which Foster, page 212, observes, that if it did appear by the libel, which he says was previously posted up at the ex- change, exhorting the apprentices to rise and sack the bishop's house, upon the Monday following, or by the cry of the rabble, :it Lambeth house, that the attempt was made on account of mea- sures the king had taken, or was then taking at the instigation, as they imagined, of the archbishop, and that tht? rabble had deliberately and upon a public invitation, attempted by numbers and open force, to take a severe revenge upon the privy counsellor for the measures the sovereign had taken or was pursuing, the grounds arid reasons nf the resolutions would bo sufliciently explained, without taking 1.1 . I ' an overt- st. 9. 10. n,\y be by pretence uucellors, .81. Fos- liver men utute ; or vn heads, ;ause they iig, 3 inst. xsure, this ion, estub- town gen- r (though purview iieral, and any, with ind defend is levying 149. 296. fn of Hen- labourers, ng of war king''s law, !of, which 0. All ri- l concern, son within lied at the id besideii, )f society, numbers car. 593. )lved, that the arch- ims and a 3 treason ; ippear by it the ex- e bishop's le rabble, it of mea- on^as they irately and 1 force, to measures rtd reasons }ut taking 191 fhat W«/c circumstance of the dnun into the case. And he dehv- era as his opinion, page 208, that no great stress can be laid on that distinction taken by Ld. C. J. Hale, between an insurrection with, and one without the appearance of an ar/ny formed under leaders, and provided with military weapons, and with drums, col- ours, Sac. and says, the want of these circumstances weighed noth- ing with the court in the cases of Damaree and Purchase, but that it was supplied by the number of the insurgents. That they were provided with axes, crows, and such like tools, /uror anna minh' trat ; and adds, page 208, the true criterion in all these cases, is, qiioanivw, did the parties assemble, whether on account of some private quarrel, or, page 211, to effect innovations of a public and ^ewcra/ concern, by an armed force. Upon the case of Damaree and Purchase, reported 8 stat. in. 218. to 285. Judge Foster ob- serves, page 215, that "since the meeting houses of prolestant dissenters are, by the toleration act taken under protection of the /azf, the insurrection in the present case, being to pull down all dissenting protestant meeting-houses, was to be considered as a public declaration of the rabble against that act, and an attempt to render it ineffectvalhy numfcew and open force." If there be a conspiracy to levy war, and afterwards war is lev- ied, the conspiracy is, in every one of the conspirators, an overt act of this species of treason, for there can be no accessary in high treason, 5 Bac. 115. cites 3 inst. 9. 10. 138 Hales P. C. 14. Kel. 19. 1 Hawk. 38. A compassing or conspiracy to levy war is no treason, for there must be a levying of war in facto. But if ma- ny conspire to levy war, and some of them do levy the same ac- cording to the conspiracy, this is high treason in all, for in treason all are principals, and war is levied, 3 inst. 9. Foster 213, The painful task of applying the above rules of law to the sev- eral transactions that we have been eye witnesses to, will never be mine. Let me however intreatyou, to make the application in your own minds; and those of you that have continued hither- to faithful among the faithless, Abdiel like, to persevere in your integrity ; and those of you that have been already ensnared by the accursed wiles of designing men, to cast yourselves immedi- ately upon that mercy, so conspicuous through the British consti- tution, and which is the brightest jewel in the imperial diadem. MASSACHUSETTENSIS. m ■;l" Jill-' ■. fiu, 'v. * I .-t ' ''(&* .tr'rh. ■ ' v. ' ! ).' '■ ■ ■ ■ 'A. . '.J' :i '.1 h ' 102 'i ■1 ■ ' - 1 ii} ADDRESSED To the Inhabitants of the Province of Massachusetts Bay, February 13, 1775. WY DEAR COrNTRYMEN, I OFKEHED to your consideration, last week, a few extracts from the Ikw books, to enable tliose thai have been but little con- versant with the law of the land, to form a judgmeut, an 104 1 1 y : '."i ,: ,. if .I! <«, I m li' i ■,'l' oii)(!r|L(ein,y oi the liitc limci rc(|uii'orl,nn(1 whic^i mipflit have pro vrd the salvation of tho province. In short, the hoard which wa« intpn ■ ■ i. iHVC pre hich waR onwc, or of doing lh<' motn- I, and arc r commif- • from in- admit of ro wholly loinlcdby liiispundod dnnl, than J inconve- xperioncc )owprs arf nintnin his f indcpen- restrained 8 and many I moderate strate, and ;rievance9 ; f the prov- ri existence b repealed, it be found It is im- my sinister Sometimes 1, th«y are s, in which the condi- i,thatwork They also tarliament. ihed by act y and equi- answering ase, where of the leg- revocation, iews of our itution was shafts, and fabric of a ieat at the lite regret. Iheir competitors adv^incod to the honort they aspired to th^nri- selves. These disappointed, .unbitious, and envious mm, iii'^til the poison of disalVectiun into the minds of the lower classes, and as soon as they are properly imprejfnated, exclaim, the iicojile nev- er will submit to it. They now would urge them into certain ruin, to prevent the execution of an act of parliament, designed anil calculated to restore peace and harmony to the province, and to rccal that happy state, when year rolled round on year, in a con- tinual increase of our felicity. The Quebec bill is anotlRT capital grievance, because the Ca- nadians are tolerated in the enjoyment of tiioir religion, which they were entitled to, by an article of capitulation, when they •ubuiitted to the British arms. This toleration is not an exclusion of the protestant religion, which is established in every part of the empire, as tirmly as civil polity can establish it. It is a strange kind of reasoning to argue, from the French inhabitants of the conquered province of Quebec being tolerated, in the enjoyment of the Koman Catholic religion, in which they were educated, and in which alone they repose their hope of eternal salvation; that therefore government intends to deprive us of the enjoyment of the protestant religion, in which alone we believe, especially as the political interests of Britain depend upon protestant connex- ions, and the king^s being a protestant hiniself is an indispensable condition of his weaving the crown. This circumstance however served admirably for a fresh stimulus, and was eagerly grasped by the disaffected of all orders. It added pathos to pulpit oratory. We often see resolves and seditious letters interspersed with po- pery here and there in Italics. If any of the clergy have endeav- oured, from this circumstance, to alarm their too credulous audi- ences, with an apprehension that their religious privileges were in danger, thereby to excite them to take up arms, we must lament the depravity of the best of men ; but human nature stands apal- led when we reflect upon the aggravated guilt of prostituting our holy religion to the accursed purposes of treason and rebeUion. As to our lay politicians, I have long since ceased to wonder at any thing in them ; but it may be observed that there is no surer mark of a bad cause, than for its advocates to recur to such pitiful shifts to support it. This instance plainly iiidicates that their sole dependance is in preventing the passions subsiding, and cool reason resuming its seat. It is a mark of their shrewdness however, for whenever reason shall resume its seat, the political cheat will be detected, stand confest in its native turpitude, and the political knave be branded with marks of infamy, adequate, if possible, to the enormity of his crimes. MASSAC HUSETTENS IS. \ •I S ■)'•■ • 14 ill '.:', -I fae declared con- cerning the colonies and plantations in America, that they had ^( ever since the planting thereof been and ought to be subject to such laws, orders and regulations, as are or shall be made by the parliament of England." This declaration though differing in expression, is the same in substance with the other. Our house of representatives, in their dispute with governor Hutchinson, concerning the supremacy of parliament, say, ^^ It is difficult, if possible, to draw a line of distinction between the universal author* ity of parliament over thecolonies, and no authority at all." The declaratory statute was int nded more especially to assert the right of parliament, to maKe laws and statutes for raising a revenue in America, lest the repeal of the stamp act might be urg- ed as a disclaimer of the right. Let us now inquire whether a power to raise a revenue be not the inherent, unalienable right of the supreme legislative of every well regulated state, where the hereditary revenues of the crown, or established revenues of the state are insufficient of themselves ; and whether that power be not necessarily coextensive with the power of legislation, or rath- er necessarily implied in it. The end or design of government, as has been already observ- ed, is the security of the people from internal violence and rapa- city, and from foreign invasion.. The supreme power of a state must cecessarily be so extensive and ample as to answer those purposes, otherwise it is constituted in vain, and degenerates into empty parade and mere ostentatious pegeantry. These pur- poses cannot be answered without a power to raise a revenue ; for without it neither the laws can be executed, nor the state de- fended. This revenue ought, in national concerns, to be appor- tioned throughout the whole empire according to the abilities of the several parts, as the claim of each to protection, is equal ; a refusal to yield the former is as unjust as the withholding of the latter. Were rny part of an empire exempt from contributing their proportionable part of the revenue, necessary for the whole, such exemption would be manifest injustice to the rest of the empire ; as it must of course bear more than its proportion of tlie publie burden, and it would amount to an additional tax. 11 the proportion of each part was to be determined only by itself in a separate legislature, it would not only involve in it the ab- surdity of imperium in imperio, but the perpetual contention ari- sing from the predominant principle of self-interest in each, with- out having any common arbiter between them, would render the disjointed, discordant, torn, and dismembered state incapable of collecting or conducting its force and energy for the preservation of the whole, as emergencies might require. A government thus constituted, would contain the seeds of dissolution in its first prin- ciples, and must soon destroy itself. I have already shewn, that by your first charter, this province vas to be subject to taxation, after the lapse of twenty-one years. 199 •;^,l;i ^ and that the authority of parliament to impose such taxes, was claimed so early as the year 1 642. In the patent for Pennsylvania, which is now in force, there is this clause, " And further our pleasure is, and by these presents, for us, &ic. we do covenant and grant to, and with the said William Penn, &c. that we, &c. shall at no time hereafter set or make, or cause to be set, any imposition, custom, or other taxation, or rate or contribution whatsoever, in and upon the dwellers, and inhab- itants of the aforesaid province, for their lands, tenements, goods or chattels within the said province, or in and upon any goods or merchandise within the said province, to be laden or unladen with- in the ports or harbours of the said province, unless the same be with the consent of the proprietors, chief governor, or assem- bly, or act of ■parliamenty These are stubborn facts ; they are incapable of being winked orut of existence, how much soever, we may be disposed to shut our eyes upon them. They prove, that the claim of a right to raise a, revenue in the colonies, exclusive of the grants of their own assemblies, is coeval with the colonies themselves. 1 shall next shew, that there has been an actual, uninterrupted exercise of that right, by the parliament time immemorial. MASSACHUSETTENSIS. : % m :'i '■":}■' I ^ I '.? ;■; ■ !-W !' Hi ADDRESSED To the Inhabitants of the Provinceof Massachusetts Bay^ February 27, 1775. MV DEAR COUNTRYMEN, BY an act of parliament made in the twenty-fifth year of the reign of Charles 2d. duties are laid upon goods and merchandise of various kinds, exported from the colonies to foreign countries, or carried from one colony to another, payable on exportation. I will recite a part of it, viz : " For so much of the said commo- dities as shall be l?den and put on board such ship or vessel ; that ist3 say, for sugar, white, the hundred weight, five shillings ; and brown and Muscovados, the hundred weight, one shilling and six pence ; tobacco, the pound, one penny ; cotton wool, the pound, one half-penny ; for indigo, two-pence ; ginger, the hundred weight, one shilling ; logwood, the hundred weight, five pounds ; fustic, and all other dying wood, the hundred weight, six-pence ; cocoa, the pound, one-penny, to be levied^ collected, and paid, at such places, and to such collectors and other officers, as shall be appointed in the respective plantations, to collect, levy, and r«- ;ir!i^ I,) '■Ii ■ V J- h \i ^■' ■••I , t\ ■ W 1 1 ; M 1 ;4i 1 41 HlPfi ■l.tlf ! 4,i'ii. I ' !, !■ : i' ^I'A'A I "I. j|.) :' ifr wi i ;fe fci> u;i ^':!ii:'llv:? >, i'l .1 200 Ceive the same, before the landing thereof, and under such penal* ties, both to the officers, and upon the goods, as for non-payment of, or defrauding his majesty of his customs in England. And for the better colletting of the several rates and duties imposed by this act^ be it enacted that this ^hole business shall be ordered and managed, and the several duties hereby imposed shall be caused to be levied by the commissioners of the cuttoms in England, by and under the authority of the lord treasurer of England, or commis- sioners of the treasury." It is apparent, from the reasoning of this statute, that these du- ties were imposed for the sole purpose of revenue. There has lately been a most ingenious play upon the words and expressions ayable^ or oisrht to be paid by any of the before mentioned acts^ as are provided for the officers of the ctistoms in England " The act of the 9th of Q,ueen Ann, for establishing a post-of- fice, gives this reason for its establishment, and for laying' taxes thereby imposed on the carriage of letters in Great Britain and Ireland, the colonies and plantations in N"orth America and the West Indies, and all other her majesty's dominions aad territories, " that the business may be done in such manner as may be most beneficial to the people of these kingdoms, and her majesty may be supplied, and the revenue arising by the said office, better im- proved, settled, and secured to her maje'^ty, her heirs, and succes- sors." The celebrated patriot. Dr. Franklin, was till lately one of the principal collectors of it. The merit in putting the post- office in America upon such a footing us to yield a large revenue to the crown, is principally ascribed to bim by the whigs. I would not wish to detract from the real merit of that gentleman, but had a tory been half so assiduous in increasing the America revenue, Novanglus would have wrote parricide at the end of his name. By an act of the sixth of George 2d. a duty is laid on all foreign rum, molasses, syrups, sugars, and paneles, to be raised, levied, collected, and paid unto, and for the use of his majesty, his heirs, and successors. The preamble of an act of the fourth of his present majesty declares, " that it is just and necessary that a revenue in America for defraying the expences of defending, protecting, and ac- curing the same,'''' &c. by which act duties are laid upon foreign sugars, coSee, Madeira wine ; upon Portugal, Spanish, and all other wine, except French wine, imported from Great Britain; upci silks, bengals, stuffs, calico, linen cloth, cambric, and lawn, imported from particular places. Thus, my friends, it is evident, that the parliament has been in the actual, uninterrupted use and exercise of the right claimed by them, to raise a revenue in America, from a period more re- mote than the grant of the present charter, to this day. These revenue acts have never been called unconstitutional till very lately. Both whigs and tories acknowledged them to be constitu- tional. In 1.764, Governor Bernard wrote and transmitted to his friends, his polity alluded to, and in part recited by Novanglus, wherein he asserts the right or authority of the parliament to tax the colonies Mr. OMs, whose patriotism, sound policy, profound learning, integrity and honour, is mentioned in strong terms by Novanglus, in the self-same year, in a pamphlet which ho pub- lished to the whole world, asserts the right or authority of parlia- ment to tax the colonies, as roundly as ever Governor Bernard did, which I. shall have occasion to take an extract from hereafter. Mr. Otis was at that time the most popular man in the province, and continued his popularity many years afterwards. 11 •*''H'\''- Pill' i Pit : ',, i . w Ih^'-W' ' , :, 1 i m -'» 'A' viiiji ''! -i'i «■] . i> 4 ■'i^ k • '■ ' '?■• l:[ . :i'1i; ■' 'i? *>' ■ ; ■ ! < i; ! .',>:i 202 Is it not a moat astonishing instance of caprice, or infatuation, that a province, torn from its foundations, should be precipitating itself into a war with Great Britain, because the British parliament asserts its right of raiding a revenue in America, inasmuch as the claim of that right is as ancient as the colonies themselves; and there is at present no grievous exercise of it? The parliaments refusing to repeal the act is the ostensible foundation of our quarrel. If we ask the whigs whether the pitiful three penny duty upon a luxurious, unwholesome, foreign commodity gives jiist occasion for the opposition ; they tell us it is the precedent they are contending about, in:♦'»■... m'' •m**- ADDRESSED To the Inhabitants of the Province of Massachusetts Bay, March 6, 1775. :t? W^:' ■ .- MY DEAR COUNTRYMEN, NOVANGLUS, and all others, have an indisputable right to publish their sentiments and opinions to the world, provided they conform to truth, decency, and the municipal laws, of the society of which they are members. He has wrote with a professed de- sign of exposing the errors and sophistry which he supposes are j; ': ;■: 1 304 f. I '■■ ■■I freqiiAnt in my publications. His denign is so far laudnblef and I inlend to correct them wherever he convinces me there is an in- stance of either. 1 have no objection to the minutest disquisition; contradiction and disputation, like the collision of 6int and steel, often strike out new li^ht ; the bare opinions of either of us, un- accompanied by the gfrounds and reasons upon which they were formed, must be considered only as propositions made to the read- er, for him to adopt, or reject as his own reason may judge, or feelings dictate. A large proportion of the labours of Novanglus consist in denials of my allegations in matters of such public no- toriety, as that no reply is necessary. He has alleged many things destitute of foundation ; those that affect the main object of our pursuit, but remotely, if at all, I shall pass by without par- ticular remark ; others, of a more interesting nature, I shall review minutely. After some general observations upon Massa- chesettensis, he slides into a most virulent attack upon particular persons, by names, with such incomparable ease, that shews him to be a great proficient in the modern art of detraction and ca- lumny. He accuses the late governor Shirley, governor Hutch- inson, the late lieutenant governor Oliver, the late judge Russell, Mr. Paxton, and brigadier Ruggles, of a conspiracy to enslave their country. The charge is high coloured ; if it be just, they merit the epithets dealt about so indiscriminately, of enemies to their country. If it be groundless, Novanglus has acted the part of an assassin, in thus attempting to destroy the rcputatioii of the living; and of something worse than an assassin, in entering those hallowed mansions, where the wicked commonly cease from trou- bling, and the weary are at rest, to disturb the repose of the dead. That the charge is groundless respecting governor Bernard, gov- ernor Hutchinson, and the late lieutenant governor, I dare assert, because they have been acquitted of it in such a manner, as every good citizen must acquiesce in. Our house of representatives, acting as the grand inquest of the province, presented them before the king in council, and after a full hearing, they were acquitted with honour, syid the several impeachments dismissed, as ground- less, vexatious, and scandalous. The accusation of the house was similar to this of Novanglus ; the court they chose to institute their suit in, was of competent and high jurisdiction, and its de- cision final. This is a sufficient answer to the state charges made by this writer, so far as they respect the governors Bernard, Hutchinson and Oliver, whom he accuses as principals ; and it is a general rule, that if the principal be innocent, the accessary cannot be guilty. A determination of a con^ititutional arbiter ought to seal up the lips of even prejudice itself, in silence ; oth- erwise litigation must be endless. This calumniator, nevertheless, has the effrontery to renew the charge in a public news paper, although thereby he arraigns our most gracious Sovereign, and the lords of the privy council, as well as the gentlemen he has named. Not content with woanding the honour of judges, coqa- 205 tellors and governors, with missile w«npon9, dnrted from nn ob< scare corner, he now aims a blow at majesty itself. Any one maj^ accuse ; but accusation, unsupported by proof, recoils upon the head of the accuser. It is entertaining enougli to consider the crimes and misdemeanors alleged, and then examinu tlio evidence be adduces, stript of the false cflare he has thrown upon it. The crimes are these; the persons named by him conspired toj^cther to enslave thoir country, in consrquence of a plan, the outlines of which have been drawn by sir Edmund Andross and othera, and handed down by tradition to the present times. He tells US that governor Shirley, in 1754, communicated the profound secret, the great design of taxing the colonics by act of parliament, to the sagacious jijentleman, eminent philosopher, and di^linguish- ed patriot, Dr. Franklin. The profnuml secret is this ; after the commencement of ' stilities between the English and French col- onies in the last war, a convention of committees from several provinces were called by the king, to agree upon some general plan of defence The principal ditficulty they met with was in devising means whereby each colony might be obliged to contri- bute its proportionable part. General Shirley proposed that ap- plication shcndA be made to parliament to impower the committees of the several colonies to tax the whole according to their several propor- tions. This plan was adopted by the convention, and approved of by the assembly in New York, who passed a resolve in these words : " That the scheme proposed by governor Shirley for the defence of the British colonies in North America, is well concert- ed, and that this colony joins therein." This however did not succeed, and he proposed another, viz. for the parliament to assess each one's proportion, and in case of failure to raise it on their part, that it should be done by parliament. This is the profound secret His assiduity* in endeavouring to have some effectual plan of general defence established, is, by the false colouring of this writer, represented as an attempt to aggrandise himself, fami- ly and friends ; and that gentleman, under whose administration the several parties in the province were as much united, and the whole province rendered as happy as it ever was, for so long a time together, is called a ^^crafty, busy, ambitious, intriguing, en- terprizing man." This attempt of Governor Shirley for a par- liamentary taxation, is however a circumstance strongly militating with this writer's hypothesis, for the approbation shewn to the Governor's proposal by the convention, which consisted of per- sons from the several colonies, not inferior in point of discern- ment, integrity, knowledge or patriotism to the members of our Inte grand congress^ and the vote of the New York assembly fur- nishes pretty strong evidence that the authority of parliament, even in point of taxation, was not doubted in that day. Even Dr. Franklin, in the letter alluded to, does not deny the right. His objections go (o the inexpediency of the measure. He sup- poses U would create uneasiness in the minds of the colonitft:> '< i -vri' •?% 206 lit,i: ;■'' ' ill I."! • !i* :»•!,! ■r* should they be thus taxed, unless they wen; previously allowed to send representatives to parliament. If Dr. FranUlin really supposes that the parliament has no constitutional right to raise a revenue in America, 1 must confess myself at a loss to reconcile his conduct in accepting the oflice of post-master, and his assidui- ty in increasing the revenue in that department, to the patriotism predicated of him by Novanglus, especially as this unfortunately happens to be an internal tax. This writer then tells us, that the plan was interrupted by the war, and afterwards by Governor PownaPs administration. That Messieurs Hutchinson and Oliver, stung with envy at Governor Pownal's favourites, propagated slanders respecting him to render him uneasy in his seat. My answer is this, that he that publishes such falsehoods as these in a public newspaper, with an air of seriousness, insults the nnde«'- standing of the public, more than he injures the individuals he defames. In the next place we are told, that Governor Bernard was the proper man for this purpose, and he was employed by the junto to suggest to the ministry the project of taxing the col- onies by act of parliament. Sometimes Governor Bernard is the arch enemy of America, the source of all our troubles, now only a tool in the hands of others. 1 wish Novanglus's memory had served him better, his tale might have been consistent with itself, however variant from truth. After making these assertions with equal gravity and assurance, he tells us, he does not advance this without evidence. I had been lookiag out for evidence a long time, and was all attention when it was promised, but my disap- pointment was equal to the expectation he had raised, when I found the evidence amounted to nothing more than Governok' Bernard's letters and principles of law and polity, wherein he as- serts the supremacy of parliamet over the colonies both as to legislation and taxation. Where this writer got his logic, I do not know. Reduced to a syllogism, his argument stands thus ; Governor Bernard, in 176*1 wrote and transmitted to England certain letters and principles of law and polity, wherein he asserts the right of parliament to tax the colonies; Messieurs Hutchin- son and Olivei were in unison with him in all his measures ; tlierefore Messieurs Hutchinson and Oliver employed Governor Bernard to suggest to the ministry the project ot taxing the colo- nics by act of parliament. The letters and principles are the whole of the evidence, and this is all the appearance of argument contained in his publication. Let us examine the premises. That Governor Bernard asserted the right of parliament to tax Iha colonies in 1764, is true. So did Mr. Otis, in a pamphlet he published the self-same year, from which I have already taken an extract. Id a pamphlet published in 1765, Mr. Otis tells us, " it is certain that the parliament of Great Britain hath a just, clear, equitable and constitutional right, power and authority to bind the colonies by all acts wherein they are named. Every lawyer, ii;!y every Tyro, knows this ; no less certain is it that the parlia- 207 ^ nliowed I in runlly it to raise reconcile in a^sidui- patriotism n'tunatfly I, that the Governor nd Oliver, ropagatcd leat. My 3 these in he iindei'* iriduals he r Bernard ployed by ^ the col- ard ii the now only mory had vith itrjeir, Lions with ance this ice a long my disap- d, when I Governor Mn he as- )Oth as to )gic, I do ids thus ; England le asserts Hutchin- leas'ires ; Governor the colo- are the argument premises. ;nt to tax iphiet he taken an Is us, " it ist, clear, to bind f lawyer, \e parlia> nient of Great Britain has a just and equitable right, power and authority to impose taxes on tho colonies internal and external^ on lands as well as on traded Hut does it follow from Governor Bernanrs transmitting his principles of polity to four persons in England, or from Mr. Otis's publishing to the whole world similar principles, that either the one or the other suggested to the min. islry the project of taxing the colonies by act of parliament ? Hardly, supposing the transmission and publication had been prior (o the resolution of parliament to that purpose ; but very unfor- tunately for our reasoner, they were both subsequent to it, and were the effect and not the cause. The history of the stamp act is this. At the close of the last war, which was a native of America, and increased the national debt upwards of sixty millions, it was thought by parliament to be but equitable, that an additional revenue should be raised in America, towards defraying the necessary charges of keeping it in a state of dorcnco. A resolve of this nature was passed, and the colonies made acquainted with it through their agents, in 1764, that their assemblies might make the necessary provision if they would. The assemblies neglected doing any thing, and the parliament passed the stamp act. There is not so much as a colourable pretence that any American had a hand in the mat- ter. Had governor Bernard, governor Hutchinson, or the late lieutenant governor been any way instrumental in obtaining the stamp act, it is very strange that not a glimpse of evidence should ever have appeared, especially when we consider that their pri- vate correspondence has been published, letters which were written in the full confidence of unsuspecting friendship. The evidence, as Novanglus calls it, is wretchedly deficient as to fix- ing the charge upon governor Bernard ; but, even admitting that governor Bernard suggested to the ministry the design of taxing, there is no kind of evidence to prove that the junto, as this ele- gant writer calls the others, approved of it, much less that they employed him to do it. But, says he, no one can doubt but thiit Messieurs Hutchinson and Oliver were in unison with governor Bernard, in all his measures. This is not a fact, Mr. Hutchinson dissented from him respecting the alteration of our charter, and wrote to his friends in England to prevent it. Whether gover- nor Bernard wrote in favour of the stamp act being repealed or not I cannot say, but I know that governor Hutchinson did, and have reason to think his letters had great weight in turning the scale, which hung doubtful a long time, in favour of the repeal. These facts are known to many in the province, whigs as well as tories, yet such was the infatuation that prevailed, that the mob destroyed his house upon supposition that he was the patron of the stamp act. Even in the letters wrote to the late Mr. Whate- ly, we find him advising to a total repeal of the tea act. It can- not be fairly inferred from persons' intimacy or mutual confidence, that they always approve of each others plans. Messieurs Oti-, 1% ^^t I 'U < ll ■■> : ■ft i« m I:- ' ;r I -I- \\ ■-,11 ; 208 Cu8hin)(, Hancuck ami Adnma were m contidflDtinl friends, and made common cause equiilty with Ihe othpr gentlemen. May we th^'oce inffT, that the tliree latter hold that the parliament has a just and equitiibU r'ght to impof>e taxes on the colonies ? Or, that " the time may come, when the real interest of the whole may require an act of parliament to annihilate all our charters?" For these also are Mr. Olis's words. Or may we lay it down ai a principle to reason from, that these g;entlemen never disagree respecting measures ? We know they do often, very materially. This writer is unlucky hoth in his principles and inferences. But where is the evidence respecting brigadier Ruggles, Mr. Paxton, and the late judge Russel ? he does not produce even the shadow of a shade. He does not even pretend tlint they were in unison with governor Bernard in all his measures. In mattcn of small moment a man may be allowed to amuse with ingenious fiction, but in personal accusation, in matters so interesting both to the individual and to the public, reason and candour require something more than assertion, without proof, dccUimation with- out argument, and censure without dignity or moderation : this however, is characteristic of Novanglus. It is the stale trick of the whig writers feloniously to stab the reputation, when their antagonists are invulnerable in (heir public conduct. These gentlemen were all of them, and the survivers still con- tinue to be, friends of the English constitution, equally tenacious of the privileges of the people, and of the prerogative of the crown, zealous advocates for the colonies continuing their consti- tutional dependance upon Great Britain, as they think it no less the interest than the duty of the colonists ; averse to tyranny and •pprnssion in all their forms, and always ready to exert themselves for the relief of the oppressed, though they differ materially from the whigs in the mode of obtaining it ; they discharged the duties of the several important departments they were called to fill, with equal faithfulness and ability ; their public services gained them the confidence of the people, real merit drew after it popularity; their principles, firmness and popularity rendered them obnoxious to certain persons amongst us, who have long been indulging them- selves, in hopes of rearing up an American commonwealth, upon the ruin of the British constitution. This republican party is of long standing ; thoy lay however, in a great measure, dormant for several years. The distrust, jealousy and ferment raised by the stamp act, afforded scope for action. At first they wore the garb of hypocrisy, they professed to be friends to the British con- stitution in general, but claimed some exemptions from their local circumstances ; at length threw off their disguise, and now stand confessed to the world in their true characters, American republi- cans. These republicans knew, that it would be impossible for them to succeed in throjected more than fifty years since, for the extending their possessions from the mouth of the Mississippi on the south, to Hudson's Buy on the north, for secur- ing the vast body of Indians in that inland country, and for sub- jecting the whole continent to the crown of France." " That many circumstances gave them great advantages over us, which if not attended to, would soon overbalance our superiority of num- bers ; and that these advantages could not be ren;oved withoui his majesty's gracious interposition." The assembly of Virginia, in an address to the king, represent- ed, " that tbc endeavours of the French to establish a sotllement m J-LJ ' ■ 1 ''■..« ":<• 212 npon the frontiers, wr« a high insult offered to his majesty, and if not timely opposed, with vigor and resolution, must be attended with the most fatal consequences," and prayed his majesty to ex- tend his royal beneficence towards them. T'he commissioners who met at Albany the same year, repre- sented, " that it was the evident design of the French to surround the British colonies ; to fortify themselves on the back thereof; to take i'nd keep possession of the heads of all the important riv- ers ; to draw over the Indians to their interest, and with the help of such Indians, added to s!<' of l'2ngland and unjust to the colonies? Or wherein have the <; nlaiMos been injured'.' We hear mu''.h of the restraints under uhicli the trade of the colonies is laid by acts of parliament for Uu! advantage of Groat Britain, but the restraints under which the pi'ople of Great J]rilain are laid by acts of parliament for the ad- vantage of the colonies, are carefully kept out of sight; and yet, upon a comparison the one will be found full as grievous as the oilier. For is- it a greater hardship on the colonies, to be con- iiiicd ia some instances to the markets of Great Britaiu for the sale of their commodities, than it is on the people of Great Britain to I'^n planted in egislature, had variety iaries with, tianting to- ant to the came more fi the way 1 as Great- d the Brit- sing those ngland has and it has America t:> I been giv- in Europe, lat Britain, further en- inds, boun- 1 their de- r lops and jrican pot- ies having ), bounties, leen grant- upon their the south- ng the im- ther parts, the for- 1 parts of 3 by great on the im- to remain, SilL and jnce ; and I products es, it may 3 the peo- > have the ints under ament for vhich the )r the ad- and yet, )us as the o be con- the sale Britain to m aifj be obliged to buy the commodities from them only ? If the islam! colonies are obliged to give the people of Great Britain the pre- emption of their sugar and coffee, is it not a greater hardship on the people of Great Britain to be restrained fpom purchasing su- gar and coffee from other countries, where they could get those commodities much cheaper than the colonies make them pay for them ? Could not our manufactures hare indigo much l>ctter and cheaper from France and Spain than from Carolina ? And yet is there not a duty imposed by acts of parliament on French and Spanish indigo, that it may come to our manufacturers at a dearer rate than Carolina indigo, though a bounty is also given out o( the money of the people of England to the Carolina planter, to enable him to sell his indigo upon a par with the French and Spanish 'I Bat the instance which has already been taken notice of, the act which prohibits the culture of the tobacco plant in Great Britaia or Ireland, is still more in point, and a more striking proof of the justice and impartiality of the supreme legislature; for what re- straints, let me ask, are the colonies laid under, which bear so strong marks of hardship, as the prohibiting the farmers in Great Britain and Ireland from raising upon their own lands, a product which is become almost a necessary of life to them and their fam- ilies ? And this most extraordinary restraint is laid upon them, for the avowed and sole purpose of giving Virginia and Maryland a monopoly of that commodity, and obliging the people of Great Britain and Ireland to buy all the tobacco they consume, from them, at the prices they think fit to sell it for. The annals of no country, that ever planted colonies, can produce such an instance as this of regard and kindness to their colonies, and of restraint upon the inhabitants of the mother country for their advantage. Nor is there any restraint laid upon the inhabitants of the colonies in return, which carries with it so great appearance of hardships, although the people of Great Britain and Ireland have, from their regard and affection to the colonies, submitted to it without a mur- mur for near a century." For a more particular inquiry, let me recommend the perusal of the pamphlet itself, also another pam- phlet lately published, entitled, " the advantages which Amorica ("orives from her commerce, connection and dependance on Great Britain." A calculation has lately been made both of the amount of the revenue arising from the duties with which our trade i ^ at present chained, and of the bounties and encouragement paid out of the British revenue upon articles of American produce imported into England, and the latter is found to exceed the former more than four fold. This does not look like a partiality to our disadvantage. However, there is no surer method of determining whether the colonies have been oppressed by the laws of trade and revenue, than by observing their effects. From what source has the wealth of the colonies flowed ? Whence is it derived ? Not from agriculture only exclusive of I f ^•>^.' ?■■■>'-'; ' 210 \'-' n im ii commerce the colonists uould this day have been u poor people, pofHessed of little more than the necessaries for supporting life ; of course their numbers would be few ; for population alwayu keeps pace with tHe ability of maintaining a family ; there would have been but little or no resort of strangers here ; the arts and sciences would have made but small progress ; the inhabitants would rather have degenerated into a slate of ignorance and bar- barity. Or had Great Britain laid such restrictions upon our trade, as our patriots would induce us to believe, that is, had we been pouring the fruits of all our labour into the lap of our parent and been enriching her by the sweat of our brow, without receiving an equivalent, the patrimony derived from our ancestors must have dwindled from little to less, until their posterity should have suffered a general bankruptcy. But how different are the effects of our connection with, and subordination to Britain ? They are too strongly marked to escape the most careless observer. Our merchants are opulent, and our yeomanry in easier circumstances than the noblesse of some states. Population is so rapid as to double the number of inhabitants in the short period of twenty-five years. Cities are springing up in the depths of the wilderness. Schools, colleges, and even uni- versities are interspersed through the continent ; our country abounds with foreign refinements, and flows with exotic luxuries. These are infallible marks not only of opulence but of freedom. The recluse may speculate — the envious repine — the disaffected calumniate — all these may combine to excite fears and jealousies in the minds of the multitude^, and keep them in alarm from the beginning to the end of the year; but such evidence as this must for ever carry conviction with it to the minds of the dipassion- ate and judicious. Where are the traces of the slavery that our patriots would terrify us with ? The effects of slavery are as glaring and ob- vious in those countries that are cursed with its abode, as the ef- fects of war, pestilence or famine. Our land is not disgraced by the wooden shoes of France, or the uncombed hair of Poland : we have neither racks nor inquisitions, tortures or assassinations : the mildness of our criminal jurisprudence is proverbial, " a man must have many frieuHn tu get hangedin JS''ew England.^'' Who has been arbitrarily imprisoned, disseized of Ms freehold, or de- spoiled of his goods ? Each peasant, that is industrious, may acquire an estate, enjoy it in his life time, and at his death, trans- mit a fair inheritance to his posterity. The protestant religion is established, as far as human laws can establish it. My dear friends, let me ask each oii« whether he has not enjoyed every blessing, that is in the power of civil government to bestow ? And yet the parliament has, from the earliest days of the colonies, claimed the lately controvcrled right, both of legislation and tax- afion ; and for more (Ii;m a century has been in the actual exer- cise of it. There is no grievious exeicise of that light at thif !M: ■ 217 Jay, unless the measures taken to prevent our revDltiiig, may be Galled grievances. Are we, then, to rebel, lest there should he grievances ? Arc we to take up arms and make war against our parent, lest that parent, contrary to the experience of a cen- tury and a half, contrary to her own genius, inclination, affection and interest, should treat us or our posterity as bustards and not as sons, and instead of protecting should enslave us ? The annals of the world have not yet been deformed with a single instance of so unnatural, so causless, so wanton, so wicked a rebellion. There is but a step between you and ruin : and should our patriots succeed in their endeavours to urge you on to take that step, and hostilities actually commence, New England will stand recorded a singular monument of human folly and wickedness. I beg leave to transcribe a little from the Farmer's letters. — " Good Heaven ! Shall a total oblivion of former tendernesses and bless- ings be spread over the minds of a good and wise people by the sordid arts of intriguing men, who covering their selfish projects under pretences of public good, first enrage their countrymen in- to a frenzy of passion, and then advance their own influence and interest by gratifying the passion, which they themselves have ex- cited ?'' When cool dispassionate posterity shall consider the af- fectionate intercourse, the reciprocal benetits, and the unsuspect- ing confidence, that have subsisted between these colonies and their parent state, for such a length of time, they will execrate, with the bitterest curses, the infamous memory of those men whose ambition unnecessarily, wantonly, cruelly, first opened the sources of civil discord. MASSACHUSETTENSIS. ., .,'■1,1' m 1 '. 't- M i ,' ' ■a, ADDRESSED To the Inhabitants of the Province of Massachusetts Bay^ March 27, Ml?.. MY DEAR COUNTRYMEN, OUR patriots exclaim, *' that humble and reasonable petitions from the representatives of the people have been frequently treated with contempt." This is as virulent a libel upon his ma- jesty's government, as falshood and ingenuity combined could fab- ricate. Our humble and reasonable petititions have not only been ever graciously received, when the established mode of exhibit- ing them has been observed, but generally granted. Applications of a different kind, have been treated with neglect, though not al- ways with the contempt they deserved. These either originated 28 Mi-i i. ■. m i 21U in illegal assemblies, and could not be received without implicitly countenancing such enormities, or contained such matter, and were conceived in such terms, as to be at once an insult to his majesty, and a libel on his government. Instead of being decent remonstrances against real grievances, or prayers for their re- moval, they were insidious attempts to wrest from the crown, or the supreme legislature, their inherent, unalienable prerogatives or rights. We have a recent instance of this kind of petition, in the ap- plication of the continental congress to the king, which starts with these words : " A standing army has been kept in these colonies ever since the conclusion of the late war, without the consent of our assemblies^ This is a denial of the king's authority to station his military forces in such parts of the empire, as his majesty may judge expedient for the common safety. They might with equal propriety have advanced one step further, and denied its being a prerogative of the crown to declare war, or conclude a peace, by \vhich the colonies should be affected, without the consent of our assemblies. Such petitions carry the marks of death in their faces, as they cannot be granted but by surrendering some con- stitutional right at the same time ; and therefore afford grounds for suspicion at least, that they were never intended to be granted, but to irritate and provoke the power petitioned to. It is one thing to remonstrate the inexpediency or inconveniency of a par- ticular act of the prerogative, and another to deny the existence of the prerogative. , It is one thing to complain of the inutility or hardship of a particular act of parliament, and quite another to deny the authority of parliament to make any act. Had our pa- triots confined themselves to the former, they would have acted a part conformable to the character they assumed, and merited the encomiums they arrogate. There is not one act of parliament that respects us, but would have been repealed, upon the legislators being convinced, th 220 to the intctnpprate /enl of some, and al leiiglli were so circum- vented iinil wroupfht upon by the artifice and duplicity of others, as to lend the sanction of their names to such measures, as they condemned in their hearts. Vide a pamphlet published by one of the delpgiitcs, entitled, "A candid examination, &c." The congress could not be ignorant of what every body else knew, that their appointment was repugnant to, and inconsistent with every idea of government, and therefore wisely determined to destroy it. Their i'lint essay that transpired, and which was rraftor of no less grief to the friends of our country, than of tri- umph to its enemies, was the ever memorable resolve approba- ting and adopting the SuHolk resolves, thereby undertaking to give a continental sanction to a forcible opposition to acts of parliament, shutting up the courts of justice, and thereby abrogating all hu- man laws, seizing the king^s provincial revenue, raising forces in opposition to the king^s,and all the tumultuary violence,witb which this unhappy province had been rent asunder. This fixed the complexion, and marked the character of the congress. We were, therefore, but little surprized, when it was announced, that as far as was in their power, they bad dismem- bered the colonies from the parent country. This they did by resolving, that " the colonists are entitled to an exclusive power of legislation in their several provincial legislatures.^' This stands in its full force, and is an absolute denial of the authority of parliament respecting the colonies. . Their subjoining that, ^^fromnecessity they consent to the ope* ration fnot the authority) of such acts of the British parliament, jas are (not shall be) bona fide restrained to external commerce," is so far from weakening their first principle, that it strengthens it, and is an adoption of the acts of trade. This resolve is a man- ifest revolt from the British empire. Consistent with it, is their overlooking the supreme legislature, and addressing the inhabi- tants of Great Britain, in the style of a manifesto, in which they flatter, complain, coax, and threaten alternately ; and their prohib- iting all commercial intercourse between the two countries : with equal propriety and justice the congress might have declared war against Great Brits\in ; and they intimate that they might justly do it, and actually shall, if the measures already taken prove ineffec- tual. For in the addrossi to the colonies, after attempting to en- rage their countrymen by every colouring and heightning in the power of language, to the utmost pitch of frenzy, they say, " the state of these colonies would certainly justify otAer measures than we have advised ; we were inclined to offer once more to his mo' jesty the petition of his faithful and oppressed subjects in America," and admonish the colonists to '* extend their views to mournful events^ and to be in all respects prepared for every contingency.'* This is ti eating Great Britain as an alien enemy ; and if Great Britain be sucb, it is justifiable by the law of nations. But their jittempt to alienate the affections of the inhabitants of the new 221 oonquereil province of Quebec from his majesl^N government, is altoj^cther unjustifiable, even upon that principle. In the truly Jesuitical address to the Canadians, the congress endeavour to se- duce them from their allegiance, and prevail on them to join the confederacy. After insinuating that they had been tricked, du- ped, oppressed and enslaved by the Quebec bill, the congress ex- claim, why this degrading distinction? " Have not Canadians sense enough to attend to any other public affairs, than gathering stones from one place and piling them up in another ? Unhappy people ; who are not only injured but insulted.^^ " Such a treacherous ingenuity has been exerted, in drawing up the code lately offered you, that every sentence, beginning with a benevolent pretention, concludes with a destructive power; and the substance of the whole divested of its smooth words, is that the crown and its min- isters shall be as absolute throughout your extended province, as the despots of Asia or Africa. We defy you, casting your viaw up- on every side, to discover a single circumstance promising, froni any quarter, the faintest hope of liberty to you or your posterity, but from an entire adoption into the union of these colonies." The treachery of the congress in this address is the more flagrant, by the Quebec bill's having been adapted to the genius and manners of the Canadians, formed upon their own petition, and received with every testimonial of gratitude. The public tranquility has been often disturbed by treasonable plots and conspiracies. Great Britain has been repeatedly deluged by the blood of its slaughter- ed citizens, and shaken to its centre by rebellion. To offer such aggravated insult to British government was reserved iov the grand continental congress. None but ideots or madmen could suppose such measures had a tendency to restore " union and harmony be- tween Great Britain and the colonies." Nay ! The very demands of the congress evince, that that was not in their intention. Instead of confining themselves to those acts, which occasioned the misun- derstanding, they demand a repeal of fourteen, and bind the colo- nies by a law not to trade with Great Britain, until that shall be done. Then, and not before, the colonists are to treat Great Brit- oin as an alien friend, and in no other light is the parent country ever after to be viewed ; for the parliament is to surcease enact- ing laws to respect us forever. These demands are such as can- not be complied with, consistent with either the honor or interest of the empire, and are therefore insuperable obstacles to a union via congress. The delegates erecting themselves into the states general or su- preme legislature of all the colonies, from A''ova Scotia to Georgia^ does not leave a doubt respecting their aiming, in good earnest, at independency : this they did by enacting laws. Although they recognize the authority of the several provincial legislatures, yet they consider their own authority as paramount or supreme ; oth- erwise they would not have acted decisively, but submitted their plans to the final determination of the acsf^inbljos. Somolimos in- •■ ''1 ,' i )'■. ri 15 m' m ' [■ • r 1 ' I m '■■.•1- I ,ii i-il ' j m 222 ii; ;.: i ■■;. M' ■r .«' I' :i ':-ii\ deed thoy use the toriiiH rcrjiiest nnd recommend ; at oihen tliey speak in the styh* of authority. Such is the resolve of the 27th of Septeml»er : " Kcsolvc I !;'•• , ;; f '■ »< ' %'. 1 ' iff.' ' ;tt • , *■ . > I m-' i They repeatedly complain of the Roman Catholic religion be- ing established in Canada ; and in their address to the Canadians^ ask, '"'• U liberty of conscience be offered them in their religion by the Quebec bill,'^ and answer, '' no : God gave it to you and the temporal powers, with which you have been and are connected, firmly stipulated for your enjoyment of it. If laws, divine and kuman^ could secure it against the despotic caprices of wicked men, it was secured before." They say to the people of Great Britain, " place us in the same situation, that we were in, at the close of the last war, and our harmony will be restored." Yet some of the principal grievances, which are to be redressed, existed long before that era, viz. The king^s keeping a standing army in the colonies ; judges of admiralty receiving their fees, &c. from the effects condemned by themselves; counsellors holding commissions during pleasure, ex- ercising legislative authority ; and the capital grievance of all, (hi; parliament claiming and exercising over the colonies a right both of legislation and taxation. However the wisdom of the grand continental congress may reconcile these seeming inconsist- encies. Had the delegates been appointed to devise means to irritate and enrage the inhabitants of the two countries, against each other, beyond a possibility of reconciliation, to abolish our equal system of jurisprudence, and establish a judicatory as arbitrary, as the Romish inquisition, to perpetuate animosities among ourselves, to reduce thousands from affluence to poverty and indigence, to in- jure Great Britain, Ireland, the West Indies, and these colonies, to attempt a revolt from the authority of the empire, and finally to draw down upon the colonies the whole vengeance of Great Britain ; more promising means to effect the whol6 could not have been devised thafi those the congress adopted. Any deviation from their plan would have been treachery to their constituents, and an abuse of the trust and confidence reposed in them. Some idolaters have attributed to the congress the collected wisdom of the continent. It is as near the truth to say, that every particle of disaffection, petulance, ingratitude, and disloyalty, that for ten years past have been scattered through the continent, were united and consolidated in them. Are these thy Gods, O Israel ! MASSACaUSETTENSIS. •i; I ' * ligion b«- lanadians^ eligion hj u and the onnectedf 'ivine and >f wicked I the same , and our rievancea, t era, viz. judges of lemncd by asure, ex- ice of all, ies a right )m of the f inconsist- rritate and ach other, Lial system iry, as the rselves, to nee, to in- ; colonies, md finally s of Great d not have deviation nstituents, 01. Some wisdom of y particle lat for ten ere united 1! NSIS. 225 ADDRESSED To the Inhabitants of the Province of Massachusetts Bay^ April 3, 1775. MV DEAR COUNTRTMEK^ THE advocates for the opposition to parliament often remind us of the rights of the people, repeat the Latin adage vox populi vox Dei^ and tell us that government in the dernier resort is in the people ; they chime away melodiously, and to render their music tnore ravishing, tell us, that these are revolution principles. I hold the rights of the people as sacred, and revere the principles, that have established the succession to the imperial crown of Great Britain, in the line of the illustrious house of Brunswick ; but that the difficulty lies in applying them to the cause of the Whigs, hie lahor hoc opus est ; for admitting that the collective body of the people, that are subject to the British empire, have an in- herent right to change their form of government, or race of kings, it does not follow, that the inhabitants of a single province, or of a number of provinces^ or any given part under a majority of the whole empire, have such a right. By admitting that the less may rule or senuester themselves from the greater, we tinhinge all government. Novanglus has accused me of traducing the people of this province. I deny the charge. Popular demagogues al- ways call themselves the people, and when their own measures are censured, cry out, the people, the people are abused and in- Suited. He says, that I once entertained different sentiments from those now advanced. I did not write to exculpate myself. If through ignorance, inadvertence or design, I have heretofore con- tributed in any degree, to the forming that destructive system of politics that is now in vogue, I was under the greater obligation thus publicly to expose its errors, and point out its pernicious ten- dency. He su^ests, that 1 write from sordid motives. I despise the imputation. I have written my real sentiments not to serve a party (for, as he justly observes, I have sometimos quarreled with my friends) but to serve the public ; nor would 1 injure my country to inherit all the treasures that avarice and ambition sitfh for. Fully convinced, that our calamities were chiefly created by the leading whigs, and that a perseverins^; in the same measures that gave rise to our troubles would complete our ruin, I have written freely. It is painful to me to give offence to an individual, but I have not spared the ruinous policy of my brother or my friend ; they are both far advanced. Truth, from its own energy, will finally prevail ; but to have a speedy effect, it must sometimes bp arcompanied with severitv. The terms whig and tory have 1 ■■,•■■••■(»>. m m m Mi^ :V ' ^ii ■; U .f 1 n.;i i t!.M .|-;^ t! 91 ■ ''I. 22C been aduptcd according to the arbitrary use of them in this pro- vince, but they rather ought to be reversed ; an American tory is a supporter of our excellent eonstitution, and an American whig a subverter of it. Novanglus abuses me, for saying, that the whigs aim at inde- pendence. The writer from Hampshire county is my advocate. He frankly asserts the independency of the colonies without any reserve ; and is the only consistent writer I have met with on that side of the question. For by separating us from the king as well as the parliament, he is under no necessity of contradicting him- self. Novanglus strives to hide the inconsistencies of his hypoth- esis, under a huge pile of learning. Surely he is not to learn, that arguments drawn from obsolete maxims, raked out of the ruins of the feudal system, or from principles of absolute mon- archy, will not conclude to the present constitution of govern- ment. VV hen he has finished his essays, he may expect some particulifr remarks upon them. I should not have taken the trouble of writing these letters, had I not been satisfied that real and permanent good would accrue to this province, and indeed to all the colonies, from a speedy change of measures. Public jus- tice and generosity are no less characteristic of the English, than their private honesty and hospitality. The total repeal of the stamp act, and the partial repeal of the act imposing duties on pa- per, &c. may convince us that the nation has no disposition to injure us. We are blessed with k king that reflects honor upon a crown. He is so far from being avaricious, that he has relinquish- ed a part of his revenue ; and so far from being tyrannical, that he has generously surrendered part of his prerogative for the sake of freedom. His court is so far from being tinctured with dissipation, that the palace is rather an academy of the literati, and the royal pair are as exemplary in every private virtue, as they are exalted in their stations. We have only to cease contending with the su- preme legislature, respecting its authority, with the king respect- ing his prerogatives, and with Great Britain respecting our subor- dination ; to dismiss our illegal committees, disband our forces, despise the thraldom of arrogant congresses^ and submit to constitu- tional government, to be happy. Many appear to consider themselves as procul a Jove a/ulmine pmcul ; and because we never have experienced any severity from Great Britain, think it impossible that we should. The English nation, will bear much from its friends ; but whoever has read its history must know, t. at there is a line that cannet be passed with impunity. It is not the fault of our patriots if that line be not al- ready passed. They have demanded of Great Britain more than ehe can grant, cousisterrt with honor, her interest, or our own, and are now brandishing the sword of defiance. Do you expect to conquer in ivar ? War is no longer a simple, but an intijciite science, not to b^ learned from books or two or three campaigns, but from long experience. You need not be toW € *i'^:'-' "\-\ m. his pro- can tory :an whig at inde- dvocate. lOut any 1 on that ^ as well :ing him- hypoth- to learn, It of the ute mon- govern- ict some aken the that real indeed to ihlic jus- ish, than >al of the es on pa- •sition to •r upon a elinquish- I, that he le sake of ssipation, the royal e exalted :h the su- f respect- ur suboF- ir forces, I constitu- afulmine irity from s English s read its ?sed with )e not al- lore than own, and I simple, r two or ot be told 227 that his majesty's generals. Gage and Haldimand, are possessed of every talent requisite to great commanders, matured by long ex- perience in many parts of the world, and stand high in military fame : that many of the officers have been bred to arms from their infancy, and a large proportion of the army now here, have al- ready reaped immortal honors in the iron harvest of the field. — Alas ! My friends, you have nothing to oppose to this force, but a militia unused to service, impatient of command, and destitute of resources. Can your officers depend upon the privates, or the privates upon the officers ? Your war can be but little more than mere tumultuary rage : and besides, there is an awful disparity between troops that fight the battles of their sovereign, and those that follow the standard of rebellion. These reflections may ar- rest you in an hour that you think not of, and come too late to serve you. Nothing short of a miracle could gain you one battle ; but could you destroy all the British troops that are now here, and burn the men of war that command our coast, it would be but the beginning of sorrow ; and yet without a decisive battle, one campaign would ruin you. This province does not produce its necessary provision, when the husbandman can pursue his calling without molestation : what then must be your condition, when the demand shall be increased, and the resource in a manner cut off ? Figure to yourselves what must be your distress, should your wives and children be driven from such places, as the king^s troops shall occupy, into the interior parts of the province, and they as well as you, be destitute of support. I take no pleasure in painting these scenes of distress. The whigs affect to divert you from Ihem by ridicule ; but should war commence, you can expect nothing but its severities. Might I hazard an opinion, but few of your leaders ever intended to engage in hostilities, but they may have rendered inevitable what they intended for intimidation. Those that unsheath the sword of rebellion may throw away the scabbard, they cannot be treated with, while in arms ; and if they lay them down, they are in no other predicament than conquered rebels. The conquered in other wars do not forfeit the rights of men, nor all the rights of citizens, even their bravery is rewarded by a generous victor ; far different is the case of a routed rebel host. My dear countrymen, you have before you, at your elec- tion, peace or war, happiness or misery. May the God of our forefathers direct you in the way that leads to peace and happi- ness, before your feet stumble on the dark mountains, before the evil days come, wherein you shall say, we have no pleasure in them. MASSACHUSETTENSIS i :..tM'v:. f'i* fli: ■ 1 ■ 1 : \ „ j t 1. i ■i'il ■ ,11 5 : . 'i> I .:«, !» i; '■.^! I. t ■'Vhii, •i:': ,.^ »., im ". i *• ]fl ■ iil . * ■- -''^■.'' , " y -"- . • ^. i > tii >'i ..1 . * LETTERS FROM THB HON. JOHN ADAMS, TO JHB HON. WM. TUDOR, AND OTHERS, OS THE EVENTS OF THE AMERICAN REVOLUTION. TO TIU EDITOB. OF THE WEEKLY EE0I8TER. m !.' u ■ i; ■ I 1. ■ ■ I ■■•■^ ^uincy^ January 14, 1818. Mr. Niles, IN a former letter I hazarded an opinion, that the true his- tory of the American revolution could not be recovered. I had many reasons for that apprehension ; one of lyhich I will attempt to explain. Of the determination of the British cabinet to assert and main- tain the sovereign authority of parliament over the colonies, in all cases of taxation and internal policy, the first demonstration which arrived in America was an order in council to the officers of the customs in Massachusetts Bay, to carry into execution the acts of trade^ and to apply to the supreme judicature of the pro- vince for "Writs of assistance^ to authorise them to break and enter all houses, cellars, stores, shops, ships, bales, casks. Sac. to search and seize all goods, wares, and merchandizes, on which the taxes imposed by those acts had not been paid. Mr. Cockle, of Salem, a deputy under Mr, Paxton, of Boston, the collector of the customs, petitioned the superior court in Sa- lem, in November, 1760, for such a writ. The court doubted its constitutionality, and consequently its legality ; but as the king's order ought to be considered, they ordered the question to be ar- gued before them, by counsel, at the next February term in Boston. ■ ■■ fc 1 /•^ 1''! 230 rAlt i '] m ■"! X ■■'■ u t ")ii V ft-''': :*■' li The community was greatly alarmed. The merchaots of Sa- lem and of Boston, applied to Mr. Otis to defend them and their country, against that formidable instrument of arbitrary power. They tendered him rich fees ; he engaged in their cause, but *vould accept no fee?. JAMES OTIS, of Boston, sprung from families among the ear- liest of the planters of the colonies, and the most respectable in rank, while the word rank, and the idea annexed to it, were tole- rated in America. He was a gentleman of general science, and extensive literature. He had been an indefatigable student dur- ing the whole course of his education in college, and at the bar. He was well versed in Greek and Roman history, philosophy, or- atory, poetry, and mythology. His classical studies had been un- usually ardent, and his acquisitions uncommonly great. He had composed a treatise on Latin prosody, which he lent to me, and I urged him to print. He consented. It is extant, and may speak for itself. It has been lately reviewed m the Aulhology by one of our best scholars, at a mature age, and in a respectable station. He bad also composed, with equal skill and great labour, a treatise on Greek prosody. This he also lent me, and, by his indulgence, 1 had it in my possession six months. When I returned it, I beg- ged him to print it. He said there Avcre no Greek types in the country, or, if there were, there was no printer who knew how to use them. He was a passionate admirer of the Greek poets, es- pecially of Homer ; and he snid it was in vain to attempt to read the poets in any language, without being master of their prosody. This classic scholar was also a great master of the laws of nature aud nations. He had read Puffendorph, Grotius, Barbeyrac, Bur- lamaqui, Vattcl, Heineccius; and, in the civil law, Domal, Jus- tinian, and, upon occasions, consulted the corpus juris at large. It was a maxim whicli he inculcated on his pupils, as his patron in profession, Mr. Gridley, had done before him, " that a lawyer ought never to he 'inithout a volume of natural or public law, or moral philosophy, on his table, or in his pocket.'''' In the history, the com- mon law,and statute laws of England, he had no superior, at least in Boston. Thus qualified to resist the system of usurpation and despotism, meditated by the British ministry, under the auspices of the earl of Bute, Mr. Otis resigned his commission from the crown, as ad- vocate general, an office very lucrative at that time, and a sure road to the highest favours of government in America, and enga- ged in the cause of his country without fee or reward. His ar- gument, speech, discourse, oration, harangue — call it by which name you will, was the most impressive upon his crowded audi- ence of any, that I ever heard before or since, excepting only ma- ny speeches by himself in Fanuiel Hall, and in the House of Rep- resentatives, which he made from time to time, for ten years after- wards. There were no stenographers in those days. Speeches were not printed ; ami all that was not remembered, like the har- rown, as ad- 231 angues of Indian orators, was lost in air. Who, at the distanct: of fifty seven years, would attempt, upon memory, to give even a sketch of it. Some of the heads are remembered, out of which Livy or Sallust would not scruple to compose an oration for history, I shall not essay an analysis or a sketch of it, at present. I shall only essay an analysis or a sketch of it, at present. I shall only say, and 1 do say in the most solemn manner, that Mr. Otis's ora- tion, against writs of assistancCf breathed into this nation the breath of life. Although Mr. Otis had never before interfered in public affairs, his exertions, on this single occasion, secured him a commanding popularity with the friends of their country, and the terror an■■', . jL-! r: \ '"• ■> ■ ■ > ■M li ^ i ■4 -1 ;'-l K ■In i ■ ::• ' ■. it i^ liit-^ 232 i: 1. ■ !•■" r On /A« death o/jAMka 6tii, Arined 6j/ lightnings at Andotif^ soon tfut the ptaee o/1783, written at the time. WHEN flushed with conqueat and elate with pride, Critannia^s monarch Heaven^s hifrh will defy^d ; And, bent on blood, bj hist of rule inclined, With odious chains to tcx (he freeborn midd ; . , . • On these yonn^ shores set up unjust command, .tad spread (he slaves of office round the land ; Then Oris rose, and, great in patriot fame. To listening crowds resistance dar'd proclaim. From soul to soul the bright idea ran. The fire of freedom flew from man to man ; His pen, like Sidney^s, made the doctrine known, His tongue, like Tully^ shook a tyrant's throne. Then men grew bold, and, in the public eye^ The right ditine ofmonarehs dar^d to try ; Light shone on all, despotic darkness fled — ' And for a sentimkht a nation bled. Frommen, like Otis, IK DEPENDEifCft grew; j From such beginnings empire rose to view. Bom for the world, his comprehensive mind >Sc!aUti'd the wide politics of human kind : Bless'd with a native strength artd fire of thought, With Greek and Roman learning richly fraught, Up to the fountain head he pushed his vieTr, And from first principles his maxims drew. 'Spite of the times, this truth he blaz'd abroad ; " The people's safety is the law of Go©."* For (his he suffered ; hire'ing slaves combin'd To dress in shades the brightest of mankind. And see they come, a dark desi)^ning band. With Murder's heart and Execution's hand. , ' Hold, villains ! Those polluted hands restrain ; Sior (hat exalted head with blows profane 1 A nobler end awaits his patriot head ; In other sort he'll join the illustrious dead. Yes ! when tiie glorious work which he begun, .,v Shall stand the most complete beneath the sun — • .,•■ When peace shall come to crown the grand design, Mis eyes shall live to see the work divine.— ,. - The Heavens shall then his generous spirit claim, " In storms as loud as his immortal fame.'*t > '- ' Hark ! — (he deep thunders echo round the skies I > '• • * * On wings of flame the eternal errand flies. . . . . i One chosen, chari(ab1e bolt is sped. And Otis mingles with tlie glorious dead. • Snlux populiy was (he mo(to of one of his essays. ^ V'aner,on the death of Cromwell. :.^!: t\ ■V'l 233 -*» "I: -■ • TO THE SAME. . - Quincy, fefcruary 13, 1818. Mli. NiLES, ,. ' , . THE American Revolution was not a common event. Its effects and consequences have already been awful over a great part of the globe. And when and where are they to cease ? But what do we mean by the American revolution ? Do we mean the American war ? The revolution was effected before the war commenced. The revolution was in the minds and hearts of the people A change in their religious sentiments, of their duties and obligations. While the king, and all in authority under him, were believed to govern in justice and mercy a(icordingto the laws and constitution derived to them from the God of nature, and transmitted to them by their ancestors — they thought themselves bound to pray for the king and queen and all the royal family, and all in authority under them ; as ministers ordained of God for their good. But when they saw those powers renouncing all the prin* ciples of authority, and bent upon the destruction of all the secu- rities of their lives, liberties and properties, they thought it their duty to pray for the continental congress and all the thirteen state conjjfresses, &c. There might be, and there were others, who thought less about religion and conscience, but had certain habitual sentiments of al- legiance and loyalty derived from their education ; but believing allegiance and protection to be reciprocal, when protection was withdrawn, they thought allegiance was dissolved. Another alteration *vas common to all. The people of Ameri- ca had been educated in an habitual affection for England as their mother country ; and while they thought her a kind and tender parent (erroneously enough, however, for she never was such a mother) no affection could be more sincere. But when they found her a cruel Beldam, willing like lady Macbeth, to " dash their brains out," it is no wonder if their filial affections ceased and were changed into indignation and horror. This radical dmnge in the principles^ opinions^ sentiments and oj- fections of the people, was the real American revolution. By what means, this great and important alteration in the relig- ious, mora!, political and social character of the people of thirteen colonies, all distinct, unconnected and independent of each other, was begun, pursued and accomplished, it is surely interesting to humanity to investigate, and perpetuate to posterity. To this end it is greatly to be desired that young gentlemen of letters in all the states, especially in the thirteen original states, would undertake the laborious, but certainly interesting and amu- sing task, of searching and collecting all the records, pamphlets, newspapers, and even handbills, whirh in any way contributed to 30 4 ) vii m ; n .til • i K ' K I.; ml ' '■* • * ;il 1 ;(* :fe :::;> ■f . t?i f -■Jll ?i :r.y s ' i- , 'H 1 ■ • -^ , ■-' i ■ , ' •,' . " 234 c'ianj?e the temper and views at the people and compose them into an independent nation. The colonies had grown up under constitutions of government so different, there was so great a variety of religions, they were composed of so many different nations, their customs, mannets and habits had so little rosembhmce, and their intercourse had been so rare and their knowledge of each other so imperfect, that to unite th<'m in the same principles in theory and the same system of ac- tion, was certainly a very difficult enterprise. The complete accomplishment of it, in so short a time and by such simple means, was perhaps a singular example in the history of mankind. Thir- teen clocks were made to stril;.- logclher ; a perfection of mechan- ism which no artist had ever before effected. In this research, the glorinroles of individual gentlemen and of separate states i^ of little conse<|nence. The means and the mea- sures are the proper objects of investigation. These may be of use to posterity, not only in this nation, but in South America and all other countries. They rtiay teach mankind that revolutions are no trillos ; that they ought never to be undertaken rashly ; nor without deliberate consideration and sober reflection; nor without a solid, immutable, eternal foundation of justice and humanity ; nor without a people possessed of intelligence, fortitude and integ- rity sufficient to carry them with steadiness, patience, and perse- verance, through all the vicissitudes of fortune, the fiery trials and melancholy disasters they may have to encounter. The town of Boston early instituted an annual oration on the fourth of July, in commemoration of the principles and feelings which contributed to ]>roduce the revolution. Many of those oration.s I have heard, and aill that I could obtain 1 have read. Much ingenuity and eloquence appears upon every subject, except those principles and feelings. That of my honest and amiable neighbour, Josiah Quincy, appeared to me the most directly to the purpose of the institution. Those principles and feelings ought to be traced back for two hundred years, and sought in the liislory of the country from the firat plantations in America. Nor should the principles and feelings of the EngUsh and Scotch to- wards the colonies, through that whole period ever be forgotten. The perpetual disconlance between British principles and feelings and of those of America, the next year after the suppression of the French power in America, came to a crisis, and produced an :. explosion. It was not until after the annihilation of the French dominion in America, that any British ministry had dared to gratify their own wishes, and the desire of the nation, by projecting a formal plan for raising a national revenue from America, by parliamentary taxation. The lirst great manifestation of this design was by the order to carry into strict executions those acts of parliament which were well known by the appellation of the acts of tradcy which had lain n dead letter, unexecuted for a half a century, and (r^onu' ef thorn. I believe, lor nearly a whole one. 235 v|5 This produced, m 1760 and 1761, an ariakciiing anA a revival oi American principles and feelinp^s, with an enthusiasm which went on increasing, till in 1775 it burst out in open violence, hostility and fury. The characters, the most conspicuous, the most ardent and in- fluential in this revival, from 1760 to 17GG, were, first and fore- most, before all and above all, James Otis ; next to him was Oxen- bridge Thatcher ; next to him, Samuel Adams ; next to him, John Hancock ; then Dr. Mayhew ; then Dr. Cooper and his brother. Of Mr. Hancock^s life, character, jjenerous nature, grciit and dis- interested sacrifices, and important services, if I had forces, I should be glad to write a volume. But this I hope will be done by some younger and abler hand. Mr. Thatcher, because his name and merits are less known, must not be wholly omitted. — ■ This gentleman was an eminent barrister at law, in as large prac* tice as any one in Boston. There was not a citi/.en of that town more universally beloved for his learning, ingenuity, every domes- tic and social virtue, and conscientious conduct in every relation of life. His patriotism was as ardent as his progenitors had been ancient and illustrious in this country. Hutchinson often said, " Thatcher was not born a plebeian, but he was determined to die one." In May, 1763, I believe, he was chosen by the town of Boston one of their representatives in the legislature, a colleague with Mr. Otis, who had been a member from May 1761, and he continued to be re-elected annually till his death in 17C5, when Mr. Samuel Adams was elected to fill his place, in the absence of Mr. Otis, then attending the congress at New York. Thatcher had long been jealous of the unbounded ambition of Mr. Hutchin- son, but \vhen he found him not content with the office of lieut. governor, the command of the castle and its emoluments, of judge of probate for the county of Suffolk, i^seat in his majesty ^s council in the legislature, his brother in-law secretary of state by the king^s commission, a brother of that secretary of state, a judge of the supreme courtandamember of council, now in 1760 and 1761, soliciting and accepting the office of chjef justice of the superior court of judicature, he concluded, as Mr. Otis did, and as every other enlightened friend of his country did, that he sought that office with the* determined purpose of determining all causes in fa- vor of the ministry at St. James's, and their servile parliament. His indignation against him henceforward, to 1765, when he died, knew no bounds but truth. I speak from personal know- ledge. For, from 1758 to 1765, I attended every superior and inferior court in Boston, and recollect pot one, in which he did not invite me home to spend evenings with him, when he made me converse with him as well as 1 could, on all subjects of religion, morals, law, politics, history, philosophy, belles lettres, theology, mythology, cosmogony, metaphysics, — Lock, Clark, Leibnits, Bo- lingbroke, Berckley, — the pre-established harmony of the uni- verse, the nature of matter and of spirit, and the eternal establish- 4j '■ m- 4i:V' .(»fj;<.-,; ;t M: %'■ iii-M 'I t j 'I i 'it f ■'l- 1 . ,.' ■'« 1236 paent of coincidences between their operations, fntc, foreknow- ledcre, absolute ; and we reasoned on such unfathomable subjects as high as Milton^s gentry in pandemonium ; and wc understood them as well as they did, and no better To such mighty myste> rics he added tlie news of the day, and the tittle tattle of the town. But his favourite subject was politics, and the impending threaten* ing system of parliamentary taxation and universal guvernmeni over the colonies. On this subject he was so anxious and agitated that I have no doubt it occasioned his premature death. From the time when he arguf^d the question of writs of assistance, to his death.he considered the king, ministry, parliament and nation of G. B. as determined to new model the colonies from the foundation ; to annul all their charters, to constitute them all royal govern- ments ; to raise a revenue in America by parliamentary taxation ; to apply that revenue to pay the salr.rics of governours, judges and all other crown oOiccrs; and, after all this, to raise as large a revenue as they pleased, to be applied to national purposes at the exchequer in England; and further to establish bishops and the whole system of the church of England, tythesand all, throughout all British America. This systom, he said, if it was suffered to prevail, would extinguish the ilame of liberty all over the world; that America would be employed as an engine to batter down all the miserable remains of liberty in Great Britain and Ireland, where only any semblance of it was left in the world. To this «ystem he considered Hutchinson, the OHvers and all thrir con* nections, dependants, adherents, shoelickers, &c. entirely devo- ted. He asserted that they were all engaged with all the crown officers in America and the understrappers of the ministry in Eng- land, in a deep and treasonable conspiracy to betray the liberties of their country, for their own private, personal and family ag- grandizement. His philippicks against the unprincipled ambition and avarice of all of them, but especially of Hutchinson, were unbridled ; not only in private, confidential conversations, but in all companies and on all occasions. He gave Hutchinson ttie sol)- riquet of ^^ Summa Potestatis," and rarely mentioned him but by the name of " Summa." His liberties of speech were no secrets to his enemies. 1 have sometimes wondered that they did not throw him over the bar, as they did soon afterwards major Haw- ley. For they hated him worse than they did James Otis, or Samuel Adams, and they feared him more, because they had no jevenge for a father's disappointment of a seat on the superior bench to impute to bun, as they did to Otis ; and Thatcher's char- acter through life had been so modest, decent, unassuming; his morals go pure, and his religion so venerated, that they dared not attack him. In h speech which iiball be read after my death, a.^ my dying testimony agiiin^t this infornal tyranny which they are bringing upon us.'' Seeing the violent agitation into which it threw him, 1 clianged the sul jcct ns soon as possible, and retired. He had been contined for some time. Had he been abroad among the people, he would not have complained so pa- thetically of the " lethargy and stupidity that prevailed," for town and country were all alive ; and in August bociime active enough, and some of the people proceeded to unwarrantabio excesses, which were more lamented by the patriots than by their enemies. Mr. Thatcher soon died, deeply lamented by all the frienils of their country. Another gentleman, who had great influence in the commence- ment of the revolution, was doctor Jonathan Mayhew, a descend- ant of the ancient governor of Martha's Vineyard. This divine had raised a great reputation both in Europe and America, by the publication of a volume of seven sermons in the reign ol king George the secoiM, 1749, and by many other writings, particular- ly a sermon in 1750, on the thirtieth of January, on the subject of passive obedience and non-resistance; in which the saintship and matyrdom of king Charles the first are considered, seasoned with wit and satire superior to any in Swift or Franklin. It was read by every body ; celebrated by friends and abused by enemies. During the reigns of king George the first and king George the second, the reigns of the Stuarts, the two Jameses and the two Charleses, were in general disgrace in England. In America they had always been held in abhorrence. The persecutions and cru- elties suffered by their ancestors under those reigns, had been transmitted by history and tradition, and Mayhew seemed to be raised up to revive all their animosities against tyranny, in church and state, and at the same time to destroy their bigotry, fanaticism and inconsistency. David Hume's plausible, elogant, fascinating and fallacious apology, in which be varnished over the crimes of the Stuarts, had not then appeared. To draw the character of Mayhew would be to transcribe a dozen volumes. This transcen- dant genius threw all the weight of his great fame into the scale of his country in 1761, and maintained it there with zeal and ardor till his death in 1766. In 1763 appeared the controversy between him and Mr. Apthorp, Mr. Caner, Dr. Johnson and archbishop Seeker, on the charter and conduct of the society for propagating the gospel in foreign parts. To form a judgment of this debate \ beg leave to refer to a review of the whole, printed at the time ■ i r.'i *)■>* m m :i . :'' ill ^ n: I1?' %:: :. f I Si»'J 238 and written by Samuel Adams, though by some, very absurdly axd erroaeously, ascribed to Mr. Apthorp. If I am not mistaken, it wiii be found a model of candor, sagacity, impartiality, and close, correct reasoning. If any gentleman supposes this controversy to be nothing to the present purpose, he is grossly mistaken. It spread an universal alarm against the authority of parliament. It excited a general and just apprehension, that bishops and diocesses and churches, and priests, and tythes, were to be imposed on us by parliament. It was known, that neither king, nor ministry, nor archbishops, could appoint bishops, in America, without an act of parliament ; and if parliament could tax us, they could establish the church of England, with all its creeds, articles, tests, ceremonies, and tythes, and prohibit all other churches, as conventicles, and schism shops. Nor must Mr. Gushing be forgotten. His good sense and sound judgment, the urbanity of his manners, his universal good char- acter, bis numerous friends and connections, and his continual in- tercourse with all sorts of people, added to his constant attach- ment to the liberties of his country, gave him a great and salutary influence from the beginning in 17G0. Let me recommend these bints to the consideration of Mr. Wirt, whose life of Mr. Henry I have read with great delight. I think that after mature investigation, he will be convinced, that Mr. Henry did not " give the first impulse to the ball of independence," and that Otis, Thatcher, Samuel Adams, Mayhew, Hancock, Gush- ing, and thousands of others, were labouring for several years at the wheel, before the name of Henry was heard beyond the lim- its of Virginia. If you print this, I will endeavour to send you something con- cerning Samuel Adams, who was destined to a longer career, and to act a more conspicuous, and perhaps a more important part than any other man. But his life would require a volume. If you decline printing this letter, I pray you to return it as soon as pos- sible to. Sir, Your humble servant, JOHN ADAMS. TO MR. WIRT. Sir, Quincy, January 5, 1818. YOUR sketches of the life of Mr. Henry have given me a rich entertainment. I will not compare them to the Sybil, conducting ^neas to see the ghosts of departed sages and heroes in the region b?>Iow, but to an angel, convoying me to the abodes of the bless- ed on high, to converse with the spirits of just men made perfect. '^\ ''i irdly anil taken, it nd close, ng to the universal a general churches, irliameat. :hbishops, rliament ; le church tnies, and nd schism and sound ;ood char- ntinual in- int attach- d salutary Mr. Wirt, . I think , that Mr. endence," 3ck, Cush- i\ years at id the lim- thing con- areer, and tant part If you •on as po8- lDAMS. I;, 1818. me a rich conducting the region the bless- e perfect. 23d The names of Henry, Lee, Bland, Pendleton, Washington, Rut- ledge, Dickinson, Wythe, and many others, will ever thrill through my veins with an agreeable sensation. I am not about to make any critical remarks upon your works, at present. But, sir. A Erant heroes ante Agamemoona multi. Or, not to garble Horace, Vixere fortes ante Agamemnona Muhi: sed oaincs iilacrimabiles ' Urgentur, ignotique longa Nocte, carent quia vate sacro. If I could go back to the age of thirty five, Mr. Wirt, I wouKi endeavour to become your rival ; not in elegance of composition, but in a simple narration of facts, supported by records, histories, and testimonies, of irrefragable authority. I would adopt, in all its modesty, your title, " Sketches of the life and writings of James Otis, of Boston." And, in imitation of your example, I would in- troduce portraits of a long catalogue of illustrious men, who were agents in the revolution, in favor of it or against it. Jeremiah Gridley, the father of the bar in Boston, and the pre- ceptor of Pratt, Otis, Thatcher, Gushing, and many others ; Ben- jamin Pratt, chief justice of New-York ; colonel John Tynge, James Otis, of Boston, the hero of the biography ; Oxenbridge Thatcher, Jonathan Sewall, attorney general and judge of admi- ralty ; Samuel Quincy, solicitor general ; Daniel Leonard, nOw chief justice of Bermuda; Josiah Quincy, the Boston Cicero; Richard Dana and Francis Dana, his son, first minister to Russia, and aflerwards chief justice ; Jonathan Mayhew, D. D. Samuel Cooper, D. D. Charles Chauncey, D. D. James Warren and his wife ; Joseph Warren, of Bunker's Hill ; John Winthrop, profes-> sor at Harvard college, and a member of council ; Samuel Dex- ter, the father ; John Worthington, of Springfield ; Joseph Haw- ley, of Northampton, and James Lovel, of Boston ; governors Shirley, Pownal, Bernard, Hutchinson, Hancock, Bowdoin, Adams, Sullivan, and Gerry ; lieutenant governor Oliver, chief justice Oliver, juc^e Edmund Trowbridge, judge William Gushing, and Timothy Ruggles, ought not to be omitted. The military char- acters. Ward, Lincoln, Warren, Knox, Brooks, Heath, &c. must come in of course. Nor should Benjamin Kent, Samuel Swift, or John Reed, be forgotten. I envy none of the well merited glories of Virginia, or any of her sages or heroes. But, sir, I am jealous, very jealous, of the honour of Massachusetts. The resistance to the British system, for subjugating the colo- nies, began in 1760, and in the month of February, 17^1, Jame.c Otis electrified the town of Boston, the province of Massachu- setts bay, and the whole continent, more than Patrick Henry ever did in the whole course of his life. If we mast have panegyrics and hyperboles, I must say, that if Mr. Henry was Demosthenes, and Mr. Richard Henry Lee, Cicero, James Otis was haiah and Ezekiel united. ':7'-:.5|;; ¥■ .' ■* i ■ k ..;rr« ' ii ■'H ■;f ft40 <;>. f S*;. '■?, I. i!i; .:| i bopeii 8ir, that some youngs gentleman, of the ancient and hoii* curable family of " The Searchers," will hereafter do impartial justice, both to Vii^inia and Massachusetts. After all this freedom, 1 assure you, sir, it is no flhttery, when I congratulate the nation on the acquisition of an attorney general of such talents and industry as your " Sketches" demonstrate. With great esteem, I am. Sir, Your friend and humble servant, JOHN ADAMS. Mr. Wirt, Attorney General of the United States. TO THE SAME. dm. Ciuincy, January 23, i819. t I THANK you for your kind letter of the 12th of this month. As I esteem the character of Mr. Henry, an hoviour to our country, and your volume a masterly dt:lineation of it, I gave orders to purchase it as soon as I heard of it, but was told it was not to be had in Boston. 1 have seen it only by great favour on a short loan. A copy from the author would be worth many by purchase. It may be sent to me by the mail. From a personal acquaintance, perhaps I might say a friend- ship, with Mr. Henry, of more than forty years, and from all that I have heard or read of him^ 1 have always considered him as a gentleman of deep reflection, keen sagacity, clear foresight, dar- ing enterprise, inflexible intrepidity, and untainted integrity; with an ardent zeal for the liberties, the honour, and felicity of his country, and his species. All this, you justly as I believe, repre- sent him to have been. There are, however, remarks to be made upon your work, which, if I had the eyes and hands, I would, in the spirit of friendship, attempt. But my hands, and eyes. and life, are but for a moment. When congress had tinished their business, as they thought, in the autumn of 1774, 1 had, with Mr. Henry, before we took leave of each other, some familiar conversation^ in which I expressed a full conviction, that our resolves, declarations of rights, enumer- ation of wrongs, petitions, remonstrances, and addresses, associa* tions, and noii importation agreements, however theytnight be ex-> pected in America, and however necessary to cement the union of the colonies, would be but waste water in England. Mr. Hen- ry said, they might make some impression among the people of England, but agreed with me that they would be totally lost upon the government. 1 had but just refj^ived a short and hasty letter, written to m»> by major Joseph H»wley, of Northampton, con- taining '■'■ a feu broken hints," as iw called them^ of what he 241 thought was proper to be done, and concluding with these worclS( " afttr all we ntust fighV This letter I read to Mr. Henry, who listened with great attention ; and as soon as I had pronounced the words, " after all we must fight," he raised his head, and with an energy and vehemence that I can never forget, broke out with *' Bv G — D, I AM OF THAT man's MIND." I put the letter into his hand, and when he had read it, he retui^ned it to me, with an equally solemn asseveration, that he agreed entirely in opinion with the writer. I considered this as a sacred oath^ upon a very great occasion, and could have sworn it as religiously as he did, and by no means inconsistent with what you say, in some part of your book, that he never took the saCred name in vain. As I knew the sentiments with which Mr. Henry left congress, in the autumn of 1774, and knew the chapter and verse from which he had borrowed fhp sublime expression, " we must fight," I was not at all surprised at your history, in the 122d page, in the note, and in some of the preceding and following pages. Mr. Henry only pursued, in March, 1775, the views and vows of No- vember, 1774. The other delegates from Virginia returned to their 8'.ate in full confidence, that all our grievances would be redressed. The last words that Mr. Rich -d Henry Lee said to me, when we parted, were, "wc shall infallibly carry all mtr points. You will be 00111- pletely relieved ; all the offensive acts will be repealed ; the army and Jleet will be recalled^ and Britain will give up her foolish project" Washington only was in doubt. He never spoke in public. In private he joined with those who advocated a non-exportation, as well as a non importation agreement. With both he thought vre should prevail ; without either, he thought it doubtful. Henry was clear in one opinion, Richard Henry Lee in an opposite opin- ion, and Washington doubted between the two. Henry, howevdr, appeared in the end to be exactly in the right. Oratory, Mr. Wirt, as it consists in expressions of the counte- nance, graces of attitude and motion, and intonation of voice, although it is altogether superficial and ornamental, will always command admiration, yet it deserves little veneration. Flashes of wit, coruscations of imagination and gay pictures, what are they ? Strict truth, rapid reason and pure integrity are the only essential ingredients in sound oratory. I flatter myself, that Demosthenes, by his " action ! action ! action !" meant to express the same opinion. To speak of American oratory, ancient or modern, would lead me too far, and beyond my depth. I must conclude with fresh assurances of the high esteem of your humble servant, JOHN ADAMS, William Wirt, Esq. Jittorney General of the United Statef. 31 3^! • .rip i8i •ift^ '"•'i mi ■'14 I I '4j 1 .• 'ti tJ'HI 242 M^U TO THE HON. WM. TUDOR. '.i-'-h Qmncy, February 85, 1818. DEAR SIR, As Mr. Wirt has filled my head with James Otis, and as 1 am well informed, that the honourable Mr. **♦***♦♦ *****^ alias *••***•*, alias •** ***»», kc. roundly asserts, that Mr. " Otis had no patriotism," and that " he acted only from revenge of his father's disappointment of a seat at the Superior Bench," I will tell you a story which may make you laugh, if it should not happen to melt you into tears. Otis belonged to a club, who met on evenings, of which club William Molineux, whose character you know very well, was a member. Molineux had a petition before the legislature, which did not succeed to his wishes, and he became for several evenings sour, and wearied the company with his complaints of services, losses, sacrifices, S:c. and said, '■'• that a man who has behaved as I have, should be treated as I am, is intolerable," &c. Otis had gaid nothing, but the company were disgusted and out of patience, when Otis rose from his seat, and said, ^' come, come. Will, quit this subject, and let us enjoy ourselves. I also have a list of griev- ances, will you hear it ? The club expected some fun, and all cried out, " Aye ! Aye I let us hear your list." " Well, then. Will ; in the first place I resigned the office of advocate general, which 1 held from the crown which produced me ; how much, do you think ?" " A great deal, no doubt," said Molineux. " Shall we say two hundred sterling a year?" " Aye, more I believe," said Molineux. " Well, let it be 200 ; that for ten years is two thousand. In the next place, I have been obli- ged to relinquish the greatest part of my business at the bar. Will you set that at 200 more ?" " Oh I believe it much more than that. " Well let it be 200. This for ten years makes two thous- and. You allow, then, I have lost 4000^ sterling." " Aye, and more too," said Molineux. ^^ In the next place, I have lost an hundred friends ; among whom were the men of the first rank, fortune and power in the province. At what price will you estimate them ?" " Damn them," said Molineux, " at nothing. You are better without them than with them.'* A loud laugh. " Be it so," said Otis. " In the next place, I have made a thousand enemies ; amongst whom are the government of the province and the nation. What do you think of this item ?" " That is as it may happen," said Mo- lineux. " In the next place, you know t love pleasure. But 1 have renounced all amusement for ten years. What is that worth to a man of pleasure ?" " No great matter," said Molineux, " you have made politics your amusement." A hearty laugh. # 1818. as I am **, alias Otis had 3 father's tell you n to melt lich cluh sll, was a ■e, which evenings services, ihaved as Otis had patience, ^ill, quit of griev- , and all ; office of produced ubt," said ' "Aye, that for )een obli- the bar. nore than wo thous- Aye, and ; among rer in the " Damn without Otis. amongst in. What said Mo* ut I have vorth to a IX, " you • 243 ^' In the next place, I have ruined as fine health and as good a constitution of body, as nature ever gave to man." " This is mel- ancholy indeed," said Molineux. *^ There Is nothing to be said upon that point." '^ Once more, said Otis, holding his head down before Molineux, look upon this head ! (where was a scar in which a man might bury his finger.) What do you think of this ? And what is worse, my friends think I have a monstrous crack in my scuil. This made all the company very grave, and look very solemn. But Otis setting up a laugh, and with a gay countenance, said to Moli- neux, " Now, Willy, my advice to you is, to say no more about your grievances ; for you and 1 had belter put up our accounts of profit and loss in our pockets, and say no more about them, lest the world should laugh at us." This whimsical dialogue put all the company, and Molineux himself into good humour, and they passed the rest of the eve- ning in joyous conviviality. It is provoking, and it is astonishing, and it is mortifying, and it is humiliating to see, how calumny sticks, and is transmitted from age to age. Mr. ****** is one of the last men 1 should have expect- ed to have swallowed that execrable lie, that Otis had no patri- otism. The father was refused an ofhce worth 1200/. old tenor, or about 120/. sterling, and the refusal was no loss, for his practice at the bar was worth much more ; for Colonel Otis was a lawyer in profitable practice, and his seat in the legislature gave him more power and more honour ; for this refusal the son resigned an office which he held from the crown, worth twice the sum. The son must have been a most dutiful and affectionate child to the father. Or rather, most enthusiastically and frenzically affec- tionate. I have been young, and now am old, and I solemnly say, I have never known a man whose love of his country was more ardent or sincere ; never one, who suffered so much ; never one, whose services for any ten years of his life, were so important and essen- tial to the cause of his country, as those of Mr. Otis from 1760 to 1770. The truth is, he was an honest man, and a thorough taught lawyer. He was called upon in his official capacity as advocate general by the custom house officers, to argue their cause in fa- vour of writs of assistants. These writs he knew to be illegal, unconstitutional, destructive of the liberties of his country ; a base instrument of arbitrary power, and intended as an entering wedge to introduce unlimited taxation and legislation by authority of par- liament. He therefore scorned to prostitute his honour and his conscience, by becoming a tool. And he scorned to hold an office which could compel him or tempt him to be one. He therefore resigned it. He foresaw as every other enlightened man foresaw, a tremendous storm coming upon his country, and determined to ran all risques, and share the fate of the ship, after exerting all '^i m , • -I'll ■ ■•V-., * . :;1.: ''\^: n M ■'I < ill \ I r \ f' 1 244 bis energies to savv her, if possible. At the solicitation of Boston and Salem, he accordingly embarked and accepted the command. To attribute to such a character sinister or trivial motives is ridiculous. You and Mr. Wirt have '' brought the old man out," and 1 fear be will never be driven in again, till he falls into the grave. JOHN ADAMS. TO THE HON. WM. TUDOR. Quincy, March 29, 1818. DEAR sin. IS your daughter, Mrs. ♦♦♦♦♦♦, who I am credibly informed, is one of the most accomplished ladies, a painter ? Are you ac- quainted with Miss •♦♦♦♦ ♦♦**♦, who 1 am also credibly informed is one of the most accomplished ladies, and a painter ? Do you know Mr. Sargent ? Do you correspond with your eld companion in arms, Col. John Trumbull ? Do you think Fisher will be an historical painter ? Whenever you shall find a painter, male or female, I pray you to suggest a scene and subject. The scene is the council chamber of the old town house in Bos- ton. The date is the month of February, 1761, nine years before you caine to me in Cole lane. As this is five years before you entered college, you must haye been in the second form of master Lovell's school. That council chamber was as respectable an apartment, and more so too, in proportion, than the house of lords or house of commons in Great Britain, or that in Philadelphia in which the declaration of independence was signed in 1776. In this chamber, near the fire, were seated five judges, with lieutenant governor Hutchinson at their head, as chief justice ; all in their new fresh robes of scarlet English cloth, in their broad bands, and immense judicial wigs. In this chamber was seated at a long table all the barristers of Boston, and its neighbouring coun- ty of Middlesex, in their gowns, bands iand tye-wigs. They were not seated on ivory chairs ; but their dress was more solemn and more pompous than that of the Roman Senate, when the Gauls broke in upon them. In a corner of the room must be placed wit, sense, imagination, genius, pathos, reason, prudence, eloquence, learning, sciience, and immense reading, hung by the shoulders on two crutches, covered with a cloth great coat, in the person of Mr. Pratt, who had been solicited on both sides but would engage On neither, being about to leave Boston forever, as chief justice of New York. Two portraits, at more than full length, of king Charles the second, and king James the second, in splendid golden frames, r Boston mmand. [)tives is m out,'' into the AMS. 1818. iformed, you ac- inforine4 Do you mpanioi^ ill be an pray yott ie in Bos- ,rs before ifore you )f master ent, and house of hich the ^es, with justice ; eir broad seated at Dg coun- ley were emn and le Gauls iced wit, oquence, ilders on ereon of engage ustice of irles the frames, 245 were hung up in the most conspicuous side of the apartment. If my young eyes or old memory have not decoivod me, these were the finest pictures 1 have seen. The colours^ ul' their long (low- ing robes and their royal ermines were the most glowing, ine fig- ures the most noble and graceful, the features the mobt di^itinct and characteristic : far superior to those of the king and queen of France in the senate chamber of congress. 1 believe they were Vandyke's. Sure I am there was no painter in England capable of them at that time. They had been sent over wittioul frames, in governor Pownal's time. But as he was no admirer of CJiarlses or Jameses, they were stowed an ay in a garret among rubbish, till governor Bernard came, h.id them cleaned, superbly framed, and placed in council for the admiration and imitation of all men, no doubt with the concurrence of Hutcbinsun and all the junto ; for there has always been a junto. One circumstance more. Samuel Quincy and John Adams bad been admitted barristers at that term. John was the youngest. He should be painted, look- ing like a short thick fat archbishop of Canterbury, seated at the table, with a pen in his hand, lost in admiration, nuw and then min< uting those despicable notes which you know that ♦♦•♦♦•♦♦ ******** stole from my desk, and printed in the Massachusetts Spy, with two or three bombastic expressions interpolated by him- self; and which your pupil, judge il^inot, has printed in nis history. You have now the stage and the scenery. Next follows a nar- ration of the subject. 1 rather think that we lawyers ought to call it a brief of the cause. When the British ministry received from general Amherst his despatches, announcing his conquesi of Montreal, and the conse- quent annihilation of the French government and power in Amer- ica, in 1759, they immediately conceived the design and took the resolution of conquering the English colonies, and subjecting them to the unlimited authority of parliament. With this view and in- tention, they sent orders and instructions to the collector of the custom» in Boston, Mr. Charles Paxton, to apply to the civil author- ity for writs of assistance, to enable the custom house officers, tide waiters, land waiters, and all, to command all sheriA's and con- Stables to attend and aid them in breaking open houses, stores, shops, cellars, ships, bales, trunks, chests, casks, packages of all sorts, to search for goods, wares and merchandizes, which had been imported against the prohibitions, or without paying the tax- es imposed by certain acts of parliament, called " The Acts of Trade," i. e. by certain parliamentary statutes, which had been procured to be passed from time to time, for a century before, by a combination of selfish intrigues between West India plantei-s and North American royal governors. These acts never had been executed, and there never had been a time when they would have been, or could have been, obeyed. Mr. Paxton, no doubt consulting with governor Bernard, lieu- tenant governor Hutchinson, and all the principal crown officers, m |4i i>. •«»*'" ^.$- ■■■\f 'f § m m 1 ' *■' ^,\ ' '>/ ,";* •s!v-?f 246 U- ! am) all the rest of the Junto, thought it not prudent to commence his operations in Boston. For ohvious n^asons, he instructed his deputy collector in Salem, Mr. Cockle, to apply by petition to the superior court, in November, 176U, then silting in that town, for writs of assistance. Stephen Sewall was then cuief justice of that court, an able man, an uncofTupted American, and a sound whig, a sincei'i' friend of liberty, civil and religious. He expressed great doubts of the legality of such a writ, and of the authority of the court to grant it. Not one of his brother judges uttered a word in favor of it ; but as it was an application on the part of the crowo, it must be heard and determined. After consultation, the court ordered the question to be argued at the next February term, in Boston, i. e. in 1761. In the mean time chief justice Sewall died, and lieutenant gov- ernor Hutchinson was appointed chief justice of that court in his stead. Every observing and thinking man knew that this appoint- ment was made for the direct purpose of deciding this question, in favour of the crown, and all others in which it should be inter* ested. An alarm was spread far and wifle. Merchants of Salem and Boston applied to Mr. Pratt, who refused, and to Mr. Otis and Mr Thatcher, who accepted, to defend them against this terrible me- nacing monster, the writ of assMtance. Great fees were offered, but Otis, and 1 believe Thatcher, would accept of none. " In such a cause," said Otis, " I despise all fees." I have given you a sketch of the stage and the scenery, and a brief of the cause ; or, if you like the phrase better, of the trag- edy, comedy or farce. Now for the actors and performers. Mr. Gridley argued with his characteristic learning, ingenuity and dignity, and said every thing that could be said in favour of Cockle's petition, all depend- ing, however, on the " If the parliament of Great Britain is the sovei'eign legislator of all the British empire." Mr. Thatcher followed him on the other side, and argued with the softness of manners, the ingenuity, the cool reasoning which were peculiar to his amiable character. But Otis was a flame of Fire ! With a promptitude of classical allusions, a depth of research, a rapid summary of historical events and dates, a profusion of legal authorities, a prophetic glare of his eyes into futurity, and a rapid torrent of impetuous eloquence he hurried away all before him. American independence was then and there bom. The seeds of patriots and heroes to defend the .Xon Sine Diis Animosus Infans ; to defend the viorcrcus youth were then and there sown. Every man of an immense ciowded audi- ence appeared \o me to go away as I did, ready to take arms against writs of assistance. Then and there was the first scene of thetirstact of opposition to the arbitrary claims of Great Britain. Then and there the child Independence was born. In fifteen years, i. e. in 1776, he grew up to manhood and declared himself free. M commence itructed his ition to the t town, for lice of that lud whig, a essed great rity of the d a word in the crown, the court ?y term, in tenant gov- ourt in his liis appoint- question, in Id be inter« Salem and Kis and Mr. srrible me- ere offered, me. " In lery, and a f the trag- rgued with said every ili depend- itain is the •gued with ling which of classical -ical events lare of his quence he e was then defend the outh were ivded audi- take arms st scene of :at Britain. In fifteen ed himself 247 The court adjourned for consideration, and after some days nt the close of the term, Hutchinson chief justice arose and said, " The court has considered the subject of writs of assistance, and can see no foundation for such a writ; but as the practise in Eng- land is not known, it has been thought best, to continue the que:;- tion to next term, that in the mean time opportunity may be given to write to England for information concerning the subject/* lu six months the next term arrived ; but no judgment was pronoun- ced ; nothing was !?aid about writs of assistance ; no letters from Engla; ' and nothing more was said in court concerning them. — But it was generally reported and understood that the court clan- destinely granted them ; and the custom house ofKcers hiid them in their pockets, though I never knew that they dared to produor. and execute them in any one instance. Mr. Otis's popularity was without bounds. In May, 1761, he was elected into the house of representatives, by an almost unani- mous vote. On that week I happened to be at Worcester attend- ing a court of common pleas of which, brigadier Ruggles wus chief justice. When the news arrived from Boston, you can have no idea of the consternation among the government people. Chief justice Ruggles at dinner at colonel Chandler's on that day, said, *^ Out of this election will arise a damn'd faction, which will shake this province to its foundation." For ten years afterwards Mr. Otis, at the head of his country's cause, conducted the town of Boston and the people of the prov- ince with a prudence and fortitude, at every sacrifice of personal interest and amidst unceasing persecution, which would have done honour to the most virtuous patriot or martyr of antiquity. I fear I shall make you repent of bringing out the old gentleman. JOHN ADAMS. TO THE HON. WM. TUDOR* Q^uincy, April 5, 1818. DEAR SIR} IN Mr. Wirt's elegant and eloquent panegyrick on Mr. Henry I beg your attention from page 56 to page' 67, the end of the second section, where you will read a curious specimen of the ag- onies of patriotism in the early stages of the revolution. " When Mr. Henry could carry his resolutions but by one vote, and that against the influence of Randolph, Bland, Pendleton, Wythe and all the old members whose influence in the house had till then been unbroken ; and when Peyton Randolph afterwards president of congress swore a round oath, he would have given 500 guineas for a single vote ; for one vote would have divided the house, and Robinson was in the chair, who he knew would have negatived the resolution." m m !?■- r , , , > •: i m ■'1 m ■ lu-J 248 lis And you will nlso see the confused manner in which they vtett first rpcordod, and how thoy have since been garhlcd in history. My remarks at prespnt will be confined to the anecdote in page G5. Caesar had his Brntns, Charles the first, his Cromwell, and George the third. Treason cried the speaker — treason, treason, echoed from every part of the house. Henry finished his sentence by the wnnl«, " may profit by their example." If this be treason make the most of it. In judge Minot's history of Massachusetts Bay, volume second, m page 102 and 103, you will find another agony of patriotism in 1762, three years before Mr. Henry's. Mr. Otis suflered one of equal severity in the house of representatives of Massachusetts. Judge Minot's account of it is this* The remonstrance offered to the governor was attended with aggravating circumstances. It was passed, after a very warm speech, by a member in the house, and at first contained the fol- lowing offensive observation. " For it will be of little consequence to the people whether they were subject to George or Louis ; the king of Great Britain, or the French king ; if both were arbitrary, as both would be, if both could levy taxes without parliament." Though judge Minot (joes not say it, the warm speech was from the tongue, and the of- fensive observation, from the pen of James Otis j when these words of the remonstrance were first read in the house, Timothy Pain, Esq. a member from Worcester, in his zeal for royalty, though a very worthy and very amiable man, cried out, treason ! treason ! the house however were not intimidated, but voted the remonstrance with all the treason contained in it, by a large major- ity ; and it was presented to the governor by a committee of which Mr. Otis Was a member. Judge Minot proceeds — " The governor was so displeased with tlic passage, that he sent a letter to the speaker, returning the message to the house ; in which he said, that the king's name, digaity and cause, were so improperly treated that he was obliged to desire the speaker to recommend earnestly to the house, that it might not be entered upon the minutes in the terms in which it then stood. For if it should, he was then satisfied thej' would again and again, wish that some part of it were expunged, espe- cially if it should appear, as he doubted not it would when he en- tered upon his vindication, that there was not the least ground for the insinuation, under colour of which, that sacred and well belov- ed name was so disrespectfully brought into question. Upon the reading of this letter, the exceptionable clause was struck out of the message. , I have now before me a pamphlet printed in 17G3, by Edes & Gill, in Queen street, Boston, entitled a vindication of the conduct of the house of representatives of the province of the Massachu- setts Bay, more particularly in the last session of the general as- sembly, by James Otis, Esq. a member of said house, with this motto — m ause was 249 Let »uch, such only, tread thi« sacred fldor, Who dare to Iovk their Country and be poor ; Or good, tho* rich, humane and wise, tho* ^eat, Jove give but these, wt-'ve nouKht to fear from fate. 1 wish I could transcribe the whole of this pamphlot, because it is a document of importance in the early history of the revolu- tion, which ouj^ht never to be fort^otten. It shows in a strong^ light the heaves and throes of the burning mountain, three years at least, before the explosion of the volcano in Mai.sachusctta or Virginia. Had judge Minot ever seen this pamphlet, could he have given so superficial an account of this year, 17G2? There was more than one ^^warm speech'''' made in that session of the legislature ; Mr. Otis himself, made many A dark cloud hung over the whole continent ; but it was peculiarly black and threatening over Mas- sachusetts and the town of Boston, against which devoted city the first thunderbolts of parliamentary omnipotence were intended and expected to be darted. Mr. Otis, from his Brst appearance in the house in 1761, had shewn such a vast superiority of talents, in- formation and energy to every other member of the house, that in 1763 he took the lead as it were of course. lie opemed the session with a speech, a sketch of which he has given us himself. It depends upon no man's memory. It is warm ; it is true. But it is warm only with loyalty to his king, love to his country, and exultations in her exertions in the national cause. This pamphlet ought to be reprinted and deposited in the cabi> net of the curious. The preface^ is a fratik, candid and manly page, explaining the motive of the publication, viz : the clamours against the house for their proceedings, in which he truly says, — . " The world ever has been, and ever will be pretty equally divi- ded, between those two great parties, vulgarly called the winners and the losers ; or to speak more precisely, between those who are discontented that they have no power, and those who think they never can have enough." Now it is absolutely impossible to please both sides either by temporizing, trimming or retreating ; the two former justly incur the censure of a wicked heart ; the latter that of cowardice, and fairly and manfully lighting the bat- tle, and it is in the opinion of many worse thau either^ On the 8th of September, A. D. 1762, the war still continuing in North America and the West Indies, governor Bernard made his speech to both houses, and presented a requisition of sir Jeffery Amherst, that the Massachusetts troops should be continued in pay during the winter. Mr. Otis made a speech, the outlines of which he has recorded in the pamphlet, urging a compliance with the governor's recom- mendation and general Amherst's requisition ; and concluding with a motion for a committee to consider of both. A committee was appointed, of whom Mr. Otis was one, and reported not only a continuance of the troops already in service, 33 i[' la ■ l' *'illi W 250 .. ;. [,M ^m but an nddition uf nine hundred mcnf with an augmented bounty to encournfi^c thnir enlistment. If the oratorH on the 4th of July, renlly wish to investigate the principles and feelings which produced the revolution, they ought to study this pamphlet and Dr. Mayhew^s sermon on passive obe- dience and non resistance, and all the documents ot those da)rs. The celebrations of independence have departed from the object of their institution, as much as the society for the propagation of the gospel in foreign parts have from their charter. The insti- tution had better be wholly abolished, than continued an engine of the politics and feelings of the day, instead of a memorial of the principles and feelings of the revolution half a century ago, I might have said for two centuries before. This pamphlet of Mr. Otis exhibits the interesting spectacle of a great man glowing with loyally to his sovereign, proud of his connection with the British empire, rejoicing in its prosperity, its triumphs and its glory, exulting in the unexampled efforts of his own Dative province to promote them all : but at the same time grieving and complaioin^ at the unjrenerous treatment that prov- ince had received from its boginnintr from the mother country, and shuddering under the prospect of still greater ingratitude and cruelty from the same source. Hear a few of his words, and read all the rest. ''^Mr. Speaker — This province has upon all occasions been dis- tinguished by its loyalty and readiness to contribute its most stren- uous efforts for his msjusty's service. 1 hope this spirit will ever remain as an indelible characteristic of this people," &ic. &c. " Our own immediate interest therefore, as well as the general cause of our king and country requires, that we should contribute the last penny and the last drop of blood, rather than by any back- wardness of ours, his majosty's measures should be embarrassed: and thereby any of the enterprises that may be planned for the regular troops, miscarry. Some of these considerations 1 pre- sume, induced the assembly upon his majesty's requisition, signi- fied last spring by lonl Egremont, so cheerfully and unanimously to raise thirty three hundred men for the present campaign ; and upon another requisition signified by sir Jeffery Amherst to give a handsome bounty for enlisting about nine hundred more into the regular service. The colonies, we know, have often been blamed without cause ; and we have had some share of it. Witness the miscarriage of the pretended expedition against Canada, in queen Ann's time, just before the infamous treaty of Utretcht. it is well known by some now living in this metropolis, that the officers both of the army and navy, expressed their utmost surprise at it upon thiir arrival. To some of them no doubt, it was a disap- pointment ; for in order to shift the blame of this shameful affair from themselves, they endeavoured to lay it upon the New Eng- land colonies. " I am therefore clearly for raising the men," &c. Sic. "This province has, since the year 1754, levied for his miyesty's service 251 )Ounty to igate the ey ought aive obe- ose days, he object gntion of rhe inati- Piigine of al of the iry ago, I ectacle of )ud of his lerity, its )rlfl of his ime time hat prov- • country, titude and and read been dis- iost stren- wiil ever ," &c. &c. e general contribute any back- )arrassed : ed for the ons 1 pre- ion, signi- animously aign ; and t to give a e into the en blamed itness the , in queen It is well he officers prise at it e a disap- leful affair New Eng- «This ^'s service as soldiers and seamen, near thirty thousand men, besides what have been otherwise employed. One year if» pnrticuhr it was said that every fifth man was engaged in one shape or another. — We have raised sums for the support of this war, that tho last gen- eration could hardly have formed any idea of. We are now deep- ly in dubt," &c. &c. On the 14th of Septembepj the house received a message from the governor, containing a somewhat awkward confession of cer- tain expenditures of public money with advice of council, which had not been appropriated by the house, lie had fitted out the Massachusetts sloop of war, increased her cHtablishment of men, Aic. Five years before, perhaps this irregularity might have been connived at or pardoned ; but, since the debate concerning writs of assistance, and since it was known that the acts of trade were to be enforced, and a revenue collected by authority of parlia- ment, Mr. Otis^s maxim, that ^' taxation without representation was tyranny," and " that expenditures of public money, without appro- priations by the representatives of the people, were unconstitu- tional, arbitrary and therefore tyrannical," had become popular proverbs. They were common place observations in the streets. It was impossible that Otis should not take fire upon this message of the governor. He accordingly did take fire, and made that flaming speech which judge Minot calls ^^ a xiL'urm speech''^ without informing u« who made it or what it contained. 1 wish Mr. Otis had given us this warm speech as he has the comparatively cool one, at the opening of the session. But this is lost forever. It concluded however, with a motion for a committee to consider the governor's message and report. The committee was appointed, and Otis was the first after the speaker. The committee reported the following ai jwer and remon* strance, every syllabic of which is Otis : " May it please your Excellency: " The house have duly attended to your excellency's message of the eleventh inst. relating to the Massachusett's sloop, and are humbly of opinion that there is not the least necessity for keeping up her present complement of men, and therefore desire that your excellency would be pleased to reduce them to six, the old establishment made for said sloop by the general court. Justice to ourselves, and to our constituents obliges us to remonstrate against the method of making or increasing establishments by the governor and council. " It is in effect, taking from the house their most darling privi- lege, the right of originating all taxes. '^ It is, in short, annihilating one branch of legislation. And when once the representatives of the people give up this privi- lege, the government will very soon become arbitrary. ^' No necessity therefore, can be sufficient to justify a house of representatives in giving up such a privilege ; for it would be of little consequence to the people, whether they were sabject to I ; .if' , ■/ 1) m 252 UM George or Louis, the king of Great Britain or the French king ; if both were arbitrary, as both would be, if both could levy taxes without parliament. " Had this been the 6rst instance of the kind, we might not have troubled your excellency about it; but lest the matter should go into precedent, we earnestly beseech your excellency, as you re- gard the peace and welfare of the p|j|^vince, that no measures of this nature be taken for the future, let the advice of council be what it may." This remonstrance being read, was accepted by a large majori- ty, and sent up and presented to his excellency by a committee of whom Mr. Otis was one. But here, Mr. Tudor, allow me, a digression, an episode. Lord EUenborough in the late trial of Hone, says '' the Athanasian Creed is the most beautiful composition that ever flowed from the pen of man.'' I agree with his lordship, that it is the moet cor ^.immBte mass of absurdity, inconsistency and contradiction that ever was put to- gether. But I appeal to your taste and your conscience, whether the foregoing remonstrance of James Otis is not as terse a morsel of good sense, as Athanasiu^^s Creed is of nonsense and blar- phemy ? The same day the above remonstrance was delivered, the town ;was alarmed with a report, that the house had sent a message to liis excellency, reflecting on his majesty's person and government, and highly derogatory to his crown and dignity, and therein desir- ed, that his excellency would in no case take the advice of his majesty's council. The governor's letter to the speaker, is as judge Minot repre- sents it. Upon reading it, the same person who had before cried out, treason ! treason ! when he Hrst heard the offensive words, now cried out, " rase them ! rase ihem !" They were accord- ingly expunged. In the course of the debate, a new and surprising doctrine was advanced. We have seen the times, when the majority of a council by their words and actions have seemed to think them- selves obliged to comply with every thing proposed by the chair, and to have no rule of conduct but a governor's will and pleasure. But ndw for the first time it was asserted, that the governor in ail cases was obliged to act according to the advice of council, and consequently would be deemed to have no judgment of his own. In page 17, Mr. Otis enters on his apology, excuse or justifica- tion of the offensive words : which, as it is as facetious as it is edi- fying, 1 will transcribe at length in his own words, viz : " In order to excuse, if not altogether justify the offensive pas- sage, and clear it from ambiguity, I beg leave to premise two or three data. 1. God made all men naturally equal. 2. The ideas of earthly superiority, pre-eminence and grandeur, are educa- tional, at least acquired, not innate. 3. Kings were, and pl»Dta- vm 253 cing; if y taxes lot have ould go you re- iures of incil be I majori- littee of e. Lord banasian from the tfi:, mass 8 put to- whether a morsel and blaS' the town '«sage to ernmentf 'in desir- ;e of his t repre- re cried |e words, accord- rine was [■ity of a kk them- le chair, Pleasure, ior in all icil, and lis own. justitica- bt is edi' jive paa- two or 16 ideas educa- pl»Dta- tion governors should be made for the good of the people, and nol the people for them. 4. No government has a right to make hobby-horses, asses and slaves of the subjects ; nature having made sufficient of the former, for all the lawful purposes of man, from the harmless peasant in the field, to the most refined politician in the cabinet; but none of the last, wh'ch infallibly proves they are unnecessary. 6. Though most governments are de facto arbitrary, and consequently the curse and scandal of human na- ture, yet none are dejure arbitrary. 6. The British constitution of (ifovrnment, as now established in his majesty's person and familv, is the wisest and best in the world. 7. The king of Great Britain is the best, as well as the most glorious monarch upon the globe, and his subjects the happiest in the universe. 0. It is most humbly presumed, the king would have. all his plantation governors follow his royal example, in a wise and strict adher- ence to the principles of the British constitution, by which in con- junction with his other royal virtues, he is enabled to reign in the hearts of a brave and generous, a free and loyal people. 9. This is the summit, the ne plus ultra of human glory and felicity. 10. The French king is a despotic arbitrary prince, and conse- quently his subjects are very miserable. " Let us now take a more careful review of this passage, which by some out of doors has been represented as seditious, rebellious, and traitorous. I hope none, hoivever, will be so wanting to the interest of their country, as to represent the matter in this light on the east side of the Atlantic, though recent instances of such a conduct might be quoted, wherein the province has, after its most strenuous efforts, during this and other wars been painted in all the odious colours, that avarice, malice, and the worst passions could suggest. " The house assert, that it would be of little consequence to the people, whether they were subject to George or Louis ; the king of Great Britain or the French king, if both were arbitrary as both would be, if both could levy taxes without parliament. Or in the same words transposed without the least alteration of the sense. It would be of little consequence to the people, whether they were subject to George the king of Great Britain, or Louis the French king, if both were arbitrary, as both would be, if both could levy taxes without parliament. " The first question that would occur to a philosopher, if any question could be made about it, would be, whether it were true? But truth being of little importance, with must modern politicians, we shall touch lightly on that topic, and proceed to inquiries of a more mterestmg nature. " That arbitrary government implies the worst of temporary evils, or at least the continual danger of them, is certain. That a man would be pretty equally subject to these evils, under every arbitrary government, is clear. That 1 should die very soon after my head should i>e cut off. whether by a sabre or a brvad sword, ■p.; •1 251 i 1 whether chopped oflF to gratify a tyrant, by the Christian name of Tom, Dick, or Harry, is evident. That the name of the tyrant would be of no more avail to save ray life, than the name of the executioner, needs no proof. It is therefore manifestly of no importance what a prince's christian name is, if he be arbitrary, any more indeed if he were not arbitrary. So the whole amount of this dangerous proposition, may at least, in one view be reduced to this, viz: It is of little import ince mhat a king'^s christian name is. It is, indeed, of importance, that a king, a gov- ernor, and all other good christians, siiould have a christian name, but whetlter Edward, Francis, or William, is of none, that I can discern. It being a rule, to put the most mild and favour- able construction upon words, that they can pos^^ibly bear, it will follow, that this^troposilion is a very harmless one, that cannot by any means tend to prejudice his majesty's person, crown, dignity, or cause, all \vhich 1 deem equally sacred with hi? excellency. " If this proposition will bear an hundred different constructions, they must all be admitted before any that imports any bad mean- ing, much more a treasonable one. " It is conceived the house intended nothing disrespectful to his majesty, his government, or gov' nor, in those words, it would be very injurious to insinuate tl. ■> n house, tha' upon all occa- sions has distinguished itself by a truly loyal sjtirit, and which .spirit possesses at least nine hundred and ninety nine in a thousand, of their constituents throughout the province. One good natured construction at lea.st seems to be implied in the assertion, and that pretiy strongly, viz : that in the present situation of Great Britain and France, it is of vast importance to be a Britain rather than a Frenchman, as the French king is nn arbitrary, despotic prince, but the king of Great Britain is not so de jure, de facto, nor by in- clination ; a greater difference on this side the grave cannot be found, than that which subsists betvveen British subjects and the slaves of tyranny. '•' Perhaps it may be objecied, that there is some ditference even between arbitrary princes ; in this respect at least, tbat some are more vigorous than others. It is granted ; t»ut, then, iet it be re- membered, that the life of man is a vapour, '.hat sivadt soon van- ish away, and we know not who may come after b»m, a wise man or a fool ; though the clianceR before and sine, Solomon have ever been in favour of the latter. Thereft>^e if is said of little <;onsequence. Had it been no mstead of Imle, the clause upon the most rigid stricture might have been ioun<> barely exception- able. " Some tine gentlemen havf> charifed th»' **xf*ression as indeli- cate. This is a capital impn-^^hmeflil mi politics, and therefore demands our most serious attentioi- T"*e idea of delicacy, in the creed of some politcians, implies, that an inferior should, at the peril of all that is near and dear i< him, i. e. his interest, avoid •very the least trifle that can cffenu l«is superior. Does my su- 255 n name of the tyrant me of the stly of no arbitrary, he whole 1 one view t a king's ing, a gov- i christian none, that md favour- ear, it will ; cstnnot by Ml, dignity, ellency. ist ructions, bad mean- ctful to his (t would •n ail occa- and which a thousand, od natured n, and that eat Britain her than a tic prince, nor by in- cannot be cts and the rence even it some are *»t it be re- \ soon van- a wise man omon have id of little lause upon exception- n as indeli- 1 therefore acy, in the )uld, at the rest, avoid loes my su- perior want my estate ? I must give it him, and that with a good grace ; which is appearing:, and, if possible, being really obliged to him, that he will condescend to take it. The reason is evident ; it might give him some little pain or uneasiness to see me whim- pering, much more openly complaining, at the loss of a little glit- tering dirt, I must according to this system, not only endeavour to acquire myself, but impress upon all around me, a reverence and passive obedience, to the sentiments of my superior, little short of adoration. Is the superior in contemplation a king, I must consider him as God's Vicegerent, cloathed with unlimited power, his will the supreme law, and not accountable for his actions, let them be what they may, to any tribunal upon earth. Is the superior a plantation governor ? He must be viewed, not only as the most excellent representation of majesty, but as a vice- roy in his department, and quoad provincial administration, to all intents and purposes, vested with ail the prerogatives that were ever exercised by the most absolute pjrince in Great Britain. " The votaries of this sect, are all monopolizers of offices, pec- ulators, informers, and generally the seekers of all kinds. It is better, say they, to " give up any thing, and every thing quietly, than contend with a superior, who, by his prerogative, can do, and as the vulgar express it, right or wrong, will have whatever he pleases. For you must know, that according to some of the most refined and fashionable systems of modern politics, the ideas of right and wrong, and all the moral virtues, aro to be considered only as the vagaries of a weak and distempered imagination in the possessor, and of no use in the world, but for the skilful politician to convert to his own purposes of power and profit. With these " The love of country is an emptf ime ; " For gold they hunger, but ne'er thirst for fame.'' ** It is well known, that the least '• patriotic spark" unawares *' catched" and discovered, disqualifies a candidate from all further preferment in this famous and flourishing order of knights errant. It must, however, be confessed, that they are so catholic as to ad- mit all sorts, from the knights of the post, to a garter and star, provided they are thoroughly divested of the fear of God, and the love of mankind ; and have concentrated nil their views in dear self, with them the only " sacred and well beloved name" or thing in the universe. See Cardinal Richlieu's Political Testament, and the greater Bible of the Sect, Mandevillc's Fable of the Bees. Richlieu expressly, in solemn earnest, without any sarcasm or irony, advises the discarding all honest men from the presence of a prince, and from even the purlieu"", of a court. According to Mandeville, " the moral virtues arc the political offspring which flattery begot upon pride." The most darling principle of the great apostle of the order, who has done more than any mortal towards diflfa^ing corruption, not only through the three kingdoms, but through the remotest dominions, is, that every man has his price, and that if you bid high enough you are sure of him. ■r-i t56 i! .'^\:'m . it '^!W ' lilv ■i '. Hi m '* To those who have been taught to bow at the name of it king, with as much ardor and devotion as a papist at the sight of a crupiiix, the assertion under examination may appear harsh ; but there is an immense difference between the sentiments of a Brit- ish house of commons remonstrating, and those of a courtier cring- ing for a favour. A house of representatives here, at least, bears ati equal proportion to a governor, with that of a house of commons, to the king. There is indeed one ulifference in favour of a house of representatives ) when a house of commons address the king, they speak to their sovereign, who is truly the most august per- sonage upon earth. When a house of representatives remonstrate to a governor, they speak to a fellow subject, though a superior who is undoubtedly* entitled to decency and respect ; but i hardly think to quite so much reverence as his master. " It may not be amiss to observe, that a form of speech may be in no sort improper, when used arguendo, or for illustration, speak- ing of the king; which same form may be very harsh, indecent and ridiculous, if spoken to the king. " The expression under censure has had the approbation of divers gentlemen of sense, who are quite unprejudiced to any party. They have taken it to imply a compliment, rather than any indecent reflection upon his majesty's wise and gracious ad- ministration. It seems strange, therefore, that the house should be so suddenly charged by his excellency, with impropriety, groundless insinuations," &c. " What cause of so bitter repentance, " again and again," could possibly have taken place, if this clause had been printed in the journaL I cannot imagine, tf the case be fairly represented, I guess tne province can be in no danger from a house of represen- tatives daring to speak plain English when they are complaining o( a grievance. I sincerely believe that the house had no dispo- sition to enter into any contest with the governor or council. Sure I am, that the promoters of this address had no such view. On the contrary, there is the highest reason to presume, that the house of representatives will at all times rejoice in the prosperity of the governor and council, and contribute their utmost assist- ance in supporting those two branches of the legislature in all their just rights and pre-eminence. But the house is, and ought to be, jealous and tenacious of its own privileges ; these are a sa- crcd deposit, entrusted by the people, and the jealousy of them is a godly jealousy.^^ Allow me now, Mr. Tudor, a few remarks: 1. Why has the sublime compliment of "treason! treason!" made to Mr. Henry, in 1 765, been so celebrated, when that to Mr. Otis, in 17t>2, three years before, has been totally forgotten ? Because the Virginia Patriot has had many trumpeters, and very loud ones ; but the Massachusetts Patriot none, though false accusers and vile calum- niators in abundance. 2. I know not whether judge Minot was born in 1762. He cer- tainly never saw, heard, felt, or understood any thing of the prin- ••* 1 Bme of b ! sight of r harsh ; )/" c Brit- ier cring- ast^ bears commons^ ' a house the king, g^ust per- nonstrate superior 1 hardly h may be >n, speak- indecent •bation of ed to any Iher than icious ad- se should •ropriety, n," could id in the sented, I epresen- (iplaining DO dispo- council. ch view. that the rosperity )st assist- re in all ad ought are a sa- them is a ' has the , Henry, )2, three Virginia but the e calum- He cer- he prin- 257 ciples or feelings of that year. If he had, he could not hav6 given so frosty an account of it. The " wnrtil speech" he men- tions, was an abridtcment or second edition of Otis^d argument in 1761, against the execution of the acts of trade. It was a flamingo declaration against taxation without representation. It was a warning voice against the calamities that were coming upon his country. It was an ardent effort td alarm and arouse his couii- trymen against the menacing system of parliamentary taxation. 3. Bernard was no great thing, but he was not a fool. It i^ impossible to believe, that he thought the offensive passage trea- son or sediHon^ of such danger and importance as he represented it. But his design was to uestroy Otis. " There is your enemy," said Bernard, (after a Scottish general) " if ye do nOt kill him, he will kill you.'^ 4 How many volumes af-e concentrated in this little fugitive pamphlet, the production of a few hurried hours, amidst the con- tinual solicitations of a crowd of clients ; for his business at the bar at that time was very extensive and of the first importance ; and amidst the host of politicians, suggesting their pland and schemes, claiming his advice and directions I 5. Look over the declarations of rights and wrOugs issued by congress in 1774. Look into the declaration of independence, in 1776. Look into the writings of Dr. Price and Dr. Priestly. Look into all the French constitutions of government ; and to cap the climax, look into Mr. Thomas Paine^s common sense, crisis, and rights of man ; what can you find that is not to be found in sol- id substance in this " vindication of the house of representatives ?" 6. Is it not an affront to common sense, an insult to truth, vir- tue, and patriotism, to represent Patrick Henry, though he was my friend as much as Otis, as the father of the American revolu- tion, and the founder of American independence ? The gentle- man who has done this, sincerely believed what he wrote 1 doubt not ; but be ought to be made sensible, that he is of yesterday, and knows nothing of the real origin of the American revolution. 7. if there is any bitterness of spirit discernible in Mr. Otis's vindication, this was nt t natural to him. He was generous, cna- did, manly, social, friendly, agreeable, amiable, witty, and gay, by nature, and by habit honest, almost to a proverb, though quick and passionate against meanness and deceit. But at this time he was agitated by anxiety for his country, and irritated by a torrent of slander and scurrillity, constantly pouring upon him from all quarters. Mr. Otis has fortified his vindication, in a long and learned note, which, in mercy to my eyes and fingers, 1 must borrow another hand to transcribe, in another sheet. [Here follow quotations from Locke on government. Part IL Ch. IV. Id. Ch. XI. Id. Ch. XIV. B. 1. Ch. II. and B. II. Ch. II.] " This other original Mr. Locke has demonstrated to be thfl consent of a free people, (t is possible there are a few ; and I tT' •■1 ■ M si' TO THE HON. WM. TUDOR. 4 Quincy, April 15, 1818. DEAR SIR, 1 HAVE received your obliging favour of the 8th, but cannot consent to your resolution to ask no more questions. Your ques- tions revive my sluggish memory. Since our national legislature have established a national painter — a wise measure, for which I thank them, my imagination runs upon the art, and has already painted, 1 know not how many, historical pictures. 1 have sent you one, give me leave to send another. The bloody rencontre I I »,, ,fi ,. i „ 259 between the citizens and the soldiers, on the 5th of March, 1770, produced a tremendous sensation throughout the town and coun- try. The people assembled first at Faneuil Mall, and adjourned to the old South Church, to the number, as was conjectured, of ten or twelve thousand men, among whom were the most virtuous, substantial, independent, disinterested and intelligent citizens. — They formed themselves into a regular deliberative body, chose (heir moderator and secretary, entered into discussions, delib- erations and debates, adopted resolutions, appointed commit- tees. What has become of these records, Mr. Tudor ? Where are they ? Their resolutions in public were conformable to those of every man in private, who dared to express his thoughts or his feelings, ^^ that the regular soldiers should be banished from the town, at all hazards.^' Jonathan Williams, a very pious, inoffen- sive and conscientious gentleman, was their moderator. A remon- strance to the governor, or the governor and council, was ordain- ed, and a demand that the regular troops should be removed from the town. A committee was appointed to present this remon- strance, of which Samuel Adams was the chairman. Now for the picture. The theatre and the scenery are the same with those at the discussion of writs of assistance. The same glorious portraits of king Charles II. and king James II. to which might be added, and should be added, little miserable like- nesses of Gov. Winthrop, Gov. Bradstreet, Gov. Endicott and Gov. Belcher, hung up in obscure corners of.the room. Lieut. Gov. Hutchinson, commander in chief in the absence of the governor, must be placed at the head of the council table. Lieut. Col. Dal- rymple, commander in chief of his majesty's military forces, taking rank of all his majesty^s counsellors, must be seated by the side of the lieutenant govemor^and commander in chief of the pro- vince. Eight and twenty counsellors must be painted, all seated at the council board. Let me see, what costunic ? What was the fashion of that day, in the month of March ? Large white wigs, English scarlet cloth cloaks, some of them with gold laced hats, not on their heads, indeed, in so august a presence, but on a table before them. Before these illustrious personages appeared Sam- uel Adams, a member of the house of representatives and their clerk, now at the head of the committee of the great assembly at the old South church. Thucidydes, Livy or Sallust would make a speech for him, or, perhaps, the Italian Bota, if he had known any thing of this transaction, one of the most important of the rev- olution ; but I am wholly incapable of it ; and, if I had vanity enough to think myself capable of it, should not dare to attempt it. He represented the state of the town and the country ; the dan- gerous, ruinous and fatal effects of standing armies in populous cities in time of peace, and the determined resolution of the pub- lic, that the regular troops, at all events, should be removed from the town. Lieutenant governor Hutchinson, then commander in chief, at the head of a trembling council, said, '^ he had no author- .■ ^H V i'. ll-^ll if «>" 260 .! '.li im h^ ity over the king^s troops, that they had their separate comman- der and separate orders and instructions, and that he could not interfere with them/^ Mr. Adams instantly appealed to the char- ter of the province, by which the governor, and in his absence the lieutenant governor, was constituted ^^ commander in chief of all the military and naval power within its jurisdiction/^ So obvi- ously true and so irrefragable was the reply, that it is astonishing that Mr. Hutcliinson should have so grossly betrayed the constitu- tion, and so atrociously have violated the duties of his office by asserting the contrary. But either the fears or the ambition of this gentleman, upon this and many other occasions, especially in his controversy with the two houses, three years afterwards, on the supremacy of parliament, appear to have totally disarranged his understanding. He certainly asserted in public, in the most solemn manner, a multitude of the roundest falshoods, which he must have known to be such, and which he must have known could be easily and would certainly be detected, if he had not ivholly lost his memory, even of his own public writing. You, Mr. Tudor, knjew Mr. Adams from your childhood to his death. In his common appearance, he was a plain, simple, decent citizen, of middling stature, dress and manners. He had an exquisite ear for mutiic, and a charming voice, when he pleased to exert it. — Yet his ordinary speeches in town meetings, in the house of rep- resentatives and in congress, exhibited nothing extraordinary ; but upon great occasions, when his deeper feelings were excited, he erected himself, or rather nature seemed to erect him, without the smallest symptom of affectation, into an upright dignity of fig- ure and gesture, and gave a harmony to his voice, which made a strong impression on spectators and auditors, the more lasting for the purity, correctness and nervous elegance of his style. This was a delicate and a dangerous crisis. The question in the )ast resort was, whether the town of Boston should become a scene of carnage and desolation or not ? Humanity to the soldiers conspired with a regard for the safety of the town, in suggesting the wise measure of calling the town together to deliberate. For nothing short of the most solemn promises to the people, that the soldiers should, at all hazards, be driven from thetown, had pre- served its peacfe. Not only the immense assemblies of the people, from day to day, but military arrangements from night to night, were necessary to keep the people and the soldiers from getting togpiher by the ears. The life of a red coat would not have been safe in any street or corner of the town. Nor would the lives of the inhabitants have been much more secure. The whole militia of the city was in requisition, and military \yatches and guards were every where placed. We were all upon a level ; no man was exempted ; our military officers were our only superi- ors. I had the honor to be summoned in my turn, and attended at the state house with my musket and bayonet, my broadsword and partridge boz^ under the command of the famous Padidock. I 261 know yon will laajfh at my military figure ; but I believe there was not a mo'o obedient scidicr in the rogimeni, nor one mor<> itn* partial betwiicu the people an*! the |•p^;•ul•^l•9. In this character I was upon duty all ni^rht in my turn. No man appeared more anxious or more deeply impii'SS'^d with a sense of danger on all sides, than our commuidi-r Paddock. He calleil me, common soldier as 1 was, Irequently to his councils. 1 had a £(reat deal of conversation with him, and no man appeared more apprelK-nsive of a fatal calamity to the town, or more zealous by every prudent measure to prevent it. Such was the situation of affairs, when Samuel Adiims was reasoning with lieutenant governor Hutchinson and lieutenant colonel Dalrymple. He had fairly driven them from all their outworks, breastworks and entrenchments, to their citadel. There they paused and considered and deliberated. The heads of Hutchinson and Dalrymple were laid together in whis- pers for a long time : when the whispering ceased, a long and sol- emn pause ensued, extremely painful to an impatient and expect- ing audience. Hutchinson, in time, broke silence ; he had con- sulted with colonel Dalrymple, and the colonel had authorized him to say that he might order one regiment down to the castle, if that would satisfy the people. With a self-recollection, a self- possession, a selt-command, a presence of mind that was admired by every man present, Samuel Adams arose with an air of dignity and majesty, of which he was sometimes capable, stretched forth bis arm, though even then quivering with palsy, and with an har- monious voice and decisive tone, said, " if the lieutenant governor or colonel Dalrymple, or both together, have authority to remove one regiment, they have authority to remove two ; and nothing short of the total evacuation of the town by all the regular troops, will satisfy the public mind or preserve the peace of the province." These few words thrilled through the veins of every man in the audience, and produced the great result. After a little awk- ward hesitation, it was agreed that the town should be evacuated and both regiments sent to the castle. After all this gravity it is merry enough to relate that William Molineaux, was obliged to march side by side with the command- er of some of their troops, to protect them from the indignation of the people, in their progress to the wharf of embarcation for the castle. Nor is it less amusing that lord North, as I was re- peatedly and credibly informed in England, with his characteristic mixture of good humour and sarcasm, ever after called these troops by the title of " Sam Adams's two regiments." The painter should seize upon the critical moment when Sam- uel Adams stretched out his arm, and made hi$ last speech. It will be as difhcult to do justice, as to paint an Apollo ; and the transaction deserves to be painted as much as the surrender of Burgoyne. Whether any artist will ever attempt it, I know no^. JOHN ADAMS. 'I )■>■ .j^i 262 \i M TO THE HON. WM. TUDOIl. . Qutnc^, April 33, 181B. DEAR SIR, YOUR letter of the 5th has been received. Your judgment of Mr. Wirt's biography of my friend, Mr. Henry, is in exact uni- son with my own. I have read it with more delight than Scott's romances in verse and prose, or Miss Porter's Scottish Chiefs, and other novels. I am sorry you have introduced me. I could wish my own name forgotten, if I could develope the true causes of the rise and pro- gress of American revolution and independence. Why have Harmodius and Brutus, Culigni and Brederode, Cromwell and Napoleon failed, and a thousand others ? Because human nature cannot bear prosperity. Success always intoxicates patriots as well as other men ; and because birth and wealth al- ways, in the end, overcome popular and vulgar envy, moce surely than public interest. The causes of our parties during and since the revolution, would lead me too far. You cannot ask me too many questions. I will answer them all according as strength shall be allowed to your aged and infirm friend, JOHN ADAMS. TO THE HON. WM. TUDOR. Qumcy, May 12, 1818. VEAR SIK, 1 N my letters to you, 1 regard no order. And I think, I ought to mike you laugh sometimes : otherwise my letters would be too grave, if not too melancholy. To this end, 1 send you Jemmi- bellero, " the song of the drunkard" which was published in Fleet's " Boston Evening Post," on the 13th of May. 1 765. It was universally agreed to have been written by Samuel Waterhouse, who had been the most notorious scribbler, satyrist and libeller, in ihe service of the conspirators, against the liberties of America, and against the administration of governor Pownal, and against the characters of Mr. Pratt and Mr. Tyng. The rascal had wit. But is ridicule the test of truth ? You see the bachanalian ha ! ha ! at Otis's prosodies Greek and Latin ; and you see the encouragement of scholarship in that age. The whole legion, the whole phalanx, the whole host of conspirators against the liberties of America, could not have produced Mr. Otis's Greek and Latin prosodies. ' Yet they must be made the scorn of fools. Such was the char- acter of the age, or rather of the day. Such have been and such will be the rewards of real patriotism in all ages and all over the world. — I am, as ever, your old friend and humble servant, JOHN ADAMS. / 263 TO THE HON. WM. TUDOK. Qtanc^, June 1, 181ii. DEAR SIR, NO man couW have written from memory Mr. Otis's arg;ument of four or five hours, ngainst the acts of trade, as revenue hiw8, and against writs of assistants, as a tyrannical engine to execute them, the next day after it was spoken. How awkward, then, would be an attempt to do it after a lapse of fifty seven years ? Nevertheless, some of the heads of his discourse are so indelibly imprinted on my mind, that 1 will endeavour to give you some very short hints of them. 1. He began \vith an exordium, containing an apology for his resignation of the oflice of advocate general in the court of ad- miralty ; and for his appearance in that cause in opposition to the crown, and in favour of the town of Boston, and the merchants of Boston and Salem. 2. A dissertation on the rights of man in a state of nature. He asserted, that every man, merely natural, was an independent sovereign, subject to no law, but the law written on his heart, and revealed to him by his Maker, in the constitution of his nature, and the inspiration of his understanding and his conscience. Mia right to his life, his liberty, no created being could rightfully con- test. Nor was his right to bis property less incontestible. The club that he had snapped from a tree, for a staff or for defence^ was his own. His bow and arrow were his own ; if by a pebble he had killed a partridge or a squirrel, it was his own. No crea- ture, man or beast, had a right to take it from him. If he had taken an eel, or a smelt, or a sculpion, it was his property. In short, he sported upon this topic with so much wit and humour, and at the same time so much indisputable truth and reason, that he was not less entertaining than instructive. He asserted, that these rights were inherent and inalienable. That they never could be surrendered or alienated but by ideots or madmen, and all the acts of ideots and Innatics were void, and not obligatory by all the laws of God and man. Nor were the poor negroes forgotten. Not a Q,uakerin Philadelphia, or Mr. Jefferson, of Virginia, ever assert- ed the rights of negroes in stronger terms. Young as 1 was, and ignorant as 1 was, 1 shudiiered at the doctrine be taught ; and 1 have all my life time shuddered, and still sh'idder, at the conse- quences that may be drawn from such premises. Shall we say, that the rights of masters and servants clash, and can be decided only by force ? I adore the idea of gradual abolitions ! But who shall decide how fast or how slowly these abolitions shall be made ? 3. From individual independence he proceeded to assoi iatioa. If it was inconsistent with the dignity of human natur* to say, that men were gregarious animals, like wild horses and w tid geese, it surely could offend no delicacy to say they wei-; so';ial animals i! 'I . (:■ <1 :■ 264 im hy nature that they were Tniitunl oympathics ; and, above all, the sweet attrnction of the sexes, which must soon draw them together in little groups, and by decrees in larger congregntiunfl, for inu> tuni assistance and defence. And this must have happened before any formal covenant, hy express words or signs, wai conchidod. When general counsels and deliderations commenced, the objects con Id be no other than the mutual defence and secu- rity of every individual for his life, his liberty^ and his property. To suppose them to have surrendered these in any other way than by equal rules nnd general consent, was to suppose them ideols or madmen, who«e acts were never binding. To suppose them surprised by fraud, or compelled by force, into any other compact, such fraud and such force could confer no obligation. Every man had a right to trample it under foot whenever he pleased. In short, he »S!«erted these rights lo be derived only from nature, and the author of nature; that they were inherent, inalienable, and indt'feasibie by any laws, pacts, contracts, Cove- nants, or stipulations, which man could duviHe. 4. These principles and these rights were wrought into the English constitution as fundamental laws. And uniler this head he went back to the old Snxon laws, and to Magna Charta, and the fifty confirmations of it in parliament, and the execrations ordained against the violators of it, and the national vengeance which had been taken on them from time to time, down to the Jameses and Charleses ; and to the petition of rights and the bill of rights, and the revolution. Mc asserted, that the security of these rights to life, liberty, and property, had been the object of all those strug- gles against arbitrary power, temporal and spiritual, civil and po- litical, military and ecclesiastical, in every age. He asserted, that our ancestors, as British subjects, and we, their de!«cendants, as British subjects, were entitled to all those rights, by the British constitution, as well as by the law of nature, and our provincial charter, as much as any inhabitant of London or Bristol, or any part of England ; and were not to be cheated out of them by any phantom of '-' virtual representation," or any other fiction of law or |>olitics, or any monkish trick of deceit and hypocrisy. 5. He then examined the acts of trade, one by one, and demon- strated, that if they were considered as revenue laws, they de- Htroyed all our security of property, liberty, and life, every right of nature, and the English constitution, and the charter of the pro- vince. Here h«; considered the distinction between "external and internal taxes," at that time a popular and common-place distinction, lint he a«serted there was no such distinction in the- ory, or upon any |»rinci|)le tut "necessity." The necessity that the coninierce of the empire should be under one direction, was obvious. The Americans had been so sensible of this necessity, that they had connived at the distinction between external and in- ternal taxes, and had suhmitted to the acts of trade as regulations of commerce, l>ut never as taxations, or revenue laws. Nor had the British governmeut, till now, ever dared to attempt to enforce tve all, the n together ifl, for mu> happened signn, wul immenced, und secu- property, other way pose them ['o suppose any other obligation, enever he rived only e inherent, nets, Cove- ht into the [lis head he ta, and the [)8 ordained which had imeses and rights, and e rights to Itose Strug- vil and po*' ierted, that ndants, as the British provincial ol, or any em by any tion of law isy. tnd demon- 8, they de- ivery right of the pro- " external imon-place tion in the- lessity that iction, was necessity, nal and in- 'egulationf: Nor had to enforce m ""■ them ai tasiUont or feveoue laws. They had laid dormant in thai character fof a century ahnost. The navigation att he allowed to he binding upon us, because we had consented to it by our own lejfislature. Here he gave a history of the navigation act of the first of Charles «d. a iilagiarism from Oliver Cromwell. Thif act had laid dormant tor fifteen years. In 1673, after repeated letters and orders from the king, governor Winthrop very can* didly informs hit majesty, that the law had not been executed, because it was thought unconstitutional ; parliament not having authority over us. I shall pursue this subject in a short series of letters. Provi- dence pursues its incomprehensible and inscrutable designs in its own way, and by its own instruments. And as 1 sincerely believe Mr Otis to have been the earliest and thu principal founder of One of the greatest political revolutions, that ever occurred among men, it seems to me of some importance, that his name and char- acter should not bo forgotten. Young men should bo taught M honour merit, but not to adore it. The greatest men have the ' greatest faults. JOHN ADAMS. TO THE HON. WM. TUDOR. Quineyf June 9, 1818. BEAR SIR, I HAVE promised you hints of the heads of Mr. Otis's oration, argument, speech, call it what you will, against the acts of tkade, OS revenue laws, and against writs of assistants, as tyrannical instra* ments tor Try them into execution. But I enter on the performance of my promise to you, not without fear and trembling ; because I am in the situation of a lady^ whom you knew first as my client, the widow of Dr. Ames, or Dedham , and afterwards, as the mother of your pupil, the late brilliant orator, Fisher Ames, of Dedham. This lady died last year, at 95 or 06 years of age. In one of her last years she said, " She was in an awkward situation ; for if she related any fact of an old date, any body might contradict her, for she could find no witness to keep her in countenance." Mr. Otis, after rapidly running over the history of the contin- nal terrors, vexations, and irritations, which our ancestors endured from the British government, from 1620, under James 1st. and Charles Ist. ; and acknowledging the tranquility under the par- liament and Cromwell, from 1648, to the restoration, in 1060, pro- duced the navigation act, as the first fruit of the blessed restora- tion of a Stuart's reign. This act is in the 12ih year of Charles 2d. chapter 18, " An act for the encouraging and increasing of shipping and navigation." " For the increase' of shipping, and encouragement of the nav- igation of this nation, wherein, under the good providence and '3i "§ m m M ■ j£i 266 '14 protection of God, the wealth, safety, and strength of this king" doin, is so much concerned, be it enacted, that from and after the first day of December, 1 660, and from thence forward, no goods, or commodities, whatsoever, shall be imported into, or exported ont of, any lands, islands, plantations, or territories, to his majesty belonging or in his possession, or which may hereafter belong unto or be in the possession of his miijesty, his heirs and successors, in Asia, Africa, or America, in any other ship or ships, vessel or vessels, whatsoever, but in such ships or vessels, as do truly and without fraud, belong only to the people of England or Ireland, dominion of Wales, or town of Berwick upon Tweed, or are of the built of, and belonging to, any of the said lands, islands, plan- tations cr territories, as the proprietors and right owners thereof, and wher'iof the master, and three fourths of the mariners, at least, are English ; under the penalty of the forfeiture, and loss of all the goods and commodities which shall be imported into, or ex- ported ont of any of the aforesaid places, in any other ship or ve9- bil, as also of the ship or vessel, with all its gun?, furniture, tackle, ammunition, and apparel : one third part thereof to his majesty, his heirs and successors : one third pavt \o the governor of such land, plantation, island, or territory, where such default shall be committed, in case the said ship or ^'oods be there seized ; or oth- erwise, that third part also to hrs majesty, his heirs and successors ; and the other third part to him or them who chall seize, inform, or sue for the same in any court of record, by bill, information, plaint, or other action, wherein no essoin, protection, or wager of law shall be allowed : and all admirals and other commanders at sea, of any of the ships of war or other ships, having commission from his majesty, or from his heirs or successors, are hereby ati- thorizod, and strictly required to seize and bring in as prize, all such ships or vessels as shall have offended, contrary hereunto, and deliver them to the court of admiralty, there to be proceeded against ; and in case of condemnation, one moiety of such forfeit- ures shall be to the use of such admirals or commanders, and their companies, to be divided and proportioned among them, according to the rules and orders of the sea, in case of ships taken prize ; and the other moiety to the use of his majesty, his heirs and suc- cessors." Section second enacts, all governors sha?l take a solemn oath to do their utmost, that every clause shall he punctually obeyed. See the statute at large. See also section third of this statute, which I wish I could transcribe Section fourth enacts, that no goods of foreign growth, produc- ' tion or manufacture, shall be brought, even in English shipping, from any other countries, but only from those of the said growth, production or manufacture, under all the foregoing penalties. Mr. Otis commented on this statute ir all its parts, especially on the foregoing section, with great severity. He expatiated on ita lis king" fter the ) goods, xported majesty ' belong xessors, esse! or ruly and Ireland, ir are oi' ds, plan- thereof, at least, ss of all ), or ex- 3 or ves- , tackle, majesty, r of such : shall be ; or oth- ;ces8ors ; , inform, >rmation, wager of linders at amission reby ati- )rize, all ereunto, 'oceeded forfeit* md their ccording prize ; and suc- imn oath obeyed. I could produc- * (hipping, growth, Hies. cially OD ed on ita 267 Dorroiv, contracted, seifish, and e»**liisive spirit. Yet he could not and wonid not deny its policy, or controvert the necessity of it, for England, in that age. surrounded .is she was by France, Spain, Holland, and other jealous rivals ; nor would he dispute the pru- dence of governor Levereft, and the Massachusetts legislature, in adopting it, in 1675, after it had laid dormant for fifteen years; though the adoption of it was inHnitoly prejudicial to the interests, the growth, the increase, the prospority of the colonies m gen- eral, of New E>igland in partfcuiar ,«nd inon' of all, to the town of Boston. It was an immense sacrilic»> to wha^ was called th« mother country. Mr. Otis thought, that « lu- statute ought to have been sufficient to satisfy the ambition, the itvarice, the cupidity of any nation, but especially of one who boAMted of ifr-ing a tender mother of her children colonies ; and wIh^h those children had always been so fondly disposed to acknowledgi> the condescending tenderness of their dear indulgent mother. This 8t;]'.ute, however, Mr. Otis said, w»« vvhoflly prohibitory. It abounded, indeed, with penalties and forfei!r»res, and with bribes to governors and informers, and custom houi»o- oHicers, and naval officers and commanders ; but it imposed no iax<^s. Taxes were laid in abundance by subsequent acts of trade , >ut this act laid none. Nevertheless, this was one of the acts that were to be carried into strict execution by these writs of assistance. Houses were to be broken open, and if a piece of Dutch linen could be found, from the cellar to the cock loft, it was to be sei/.ed and become the prey of governors, informers, and majesty. When Mr. Otis had extended his observations on this act of nav* igation, much farther than I dare to attempt to repeat, he pro- ceeded to the subsequent acts of trade. These, he contended, imposed taxes, and enormous taxes, burthensome taxes, oppres- sive, ruinous, intolerable taxes. And here he gave the reins to his genius, in declamation, invective, philippic, call it which you will, against the tyranny of taxation, without lepresentation. But Mr. Otis^s observations on those acts of trade, must be postponed for another letter. Let me, however, say, in my own name, if any man wishes to investigate thoroughly, the causes, feelings, and principles of the revolution, he must study this act of n&vigation and the acts of trade, as a philosopher, a politician, and a philanthropist. JOHN ADAMS. TO THE HON. WM. TUDOR. Qkincj/, June 17, 1818. DCAtl SIR, THE next statute produced and commented by fir. Otis was the Uth of Charles the second, i. e. 1663, ch. 7. " An act for the en- couragement of trade.'^ i ■ i' .' *■" I 268 J'- ■'? '-i '^U Sec. 5. — " And in regard his majesty ""s plantations, beyoad t.he seas are inhabited and peopled by his subjects of this his kingdom of England, for the maintaining a greater correspondence and kindness betiVeen them, and keeping them in a firmer dependance upon it, and rendering them yet more beneficial and advantageous «nto it, in the further employment and increase of English ship- ping and seamen, vent of English woolen and other manufa<*.tures and commodities, rendering the navigation to and from the ' .uie, more cheap and safe, and making thh kingdom a staph, nc^^ /xAy of the commodities of those plantations, but also of the commodities of other countries and places, /or the supplying of them ; and it be- ing the usage of other nations to keep their plantations trades to themselves." Sec. 6. — " Be it enacted, he. that no commodity of the growth, production or manufac'ure of Europe, shall be imported into any land, island, plantation, colouj, territory or place, to his majesty belonging, or which shall hereafter belong unto or be in possession pf his majesty, his heirs and successors, in Asia, Africa or Ameri- ca, (Tangier only excepted) but what shall be bona fide, and with- out fraiid, laden and shipped in England, Wales, or the town of Berwick upon Tweed, and in English built shipping, or which were bona fide bought before the Ist of October, 16G2, and had such certificate thereof as is directed in one act pnsr^ed the last session of the present parliament, entitled "«3n act for preventing frauds and regulating abuses in hismajesty''s customs ;" and whereof the master, and three fourths of the marinets at least are English, and which shall be carried directly thence, to the said lands, is- lands, plantations, colonies, territories or places, and from no other })lace or places whatsoever; any law, statute or usage to the con- trary notwithstanding ; under the penalty of the loss of all such commodities of the growth, production or manufacture of Europe, as shall be imported into any of them, from any other place whlat- soever, by land or water ; and if by water, of the ship or vessel also, in which they were imported, with all her guns, tackle, fur- niture, ammunition and apparel ; one third part to his majesty, his heirs and successors ; one third part to the governor of such land» island, plantation, colony, territory or place, into which such goods were imported, if the said shi;), vessel or goods be there seized or informed against and sued for ; or otherwise, that third part also to his majesty, his heirs and successors ; and the other third part to him or thei: who shall seize, intbrm, or sue for the same in any of his majesty's courts in such of the said lands, islands, colonies, plantations, territories or places where the offence was committed, or in any court of record in England, by bill, informa- tion, plaint, or other action, wherein no essoin protection or wager of law shall be allowed." Sections?. 8. 9. and 10. of this odious instrument of mischief and misery to mankind, all calculated to fortily by oaths and penal- tics, the tyraimical ordinances of the preceding sectioas. .'VS 269 ^? Mr. Otis^s observations on these statutes ivere numerous, and some of them appeared to me at the time, youngp a9 1 was, bitter. But as I cannot pretend to rerollect those observations with pre- cision, t will recommend to you and others to make your oivn re- marks upon them. You must remember, Mr. Tudor, that you and I had much trouble with these statutes after you came into my olHce, in 1770 ; and 1 had been tormented with them for nine years before, i. e. from 1761. I have no scruple in making a confession with all the simplicity of Jean Jac Rosseau, that 1 never turned over the leaves of these statutes, or any section of them, without pronouncing a hearty curse upon them. I felt them^ as an humiliation, a degradation a disgrace to my Country and to myself as a native of it. Let me respectfully recommend to the future orators on the fourth of July, to peruse these statutes in pursuit of pnncij)les and feelings that produced the revolution. Oh ! Mr. Tudor, when will France, Spain, England and Hol- land renounce their selfish, contracted, exclusive systems of reli- gion, government and commerce ? I fear, never. But they may depend upon it, their present systems of coloni/.a- tion cannot endure. Colonies univers;illy, ardently br^'athe tor independence. No man, who has a soul will ever live in a colo- ny, under the present establishments, one moment longer than necessity compels him. But I must return to Mr. Otis. Tiic burthen of his song was " Writs of asmiance.^^ All these rigorous s-tatutes were now to be carried into rigorous execution by the still more vigorous in- struments of arbitrary power, " Writs of assistance." Here arose a number of very important questions. What were writs of assistance ? Where were they to be found ? VV hen, where, and by what authority had they been invented, created, and established ? Nobody could answer any of these questions. — Neither chief justice Hutchinson, nor any one of his four apsociate judges, pretended to have ever read or seen in any book any such writ, or to know any thuig about it. The court had ordered or requested the bar to search for precedents and authorities for it, but none were found. Otis pronounced boldly, thut there were none, and neither judge nor lawyer, bench or bar, pretended to confute him. He asserted farther, that there was no colour ot authority for it, but one produced oy Mr. Gridley in a statute of the 1 3th and 14th of Charles the second, which Mr. Otis said was neither authority, precedent or colour of either, in America. Mr. Thatcher said he had diligently s -arched all the books, but could .'ind no such writ. He had indeed found in Kastalls Entries, a thing which in some of its features resembling this, but so little iike it in the whole, that it was not worth while to read it. Mr. Gridley, who, no doubt, was furnished, upon this great aiul critical occasion, with all the information possessed by the govern* ^»Vs if r - f ■•: ji: ( M t,: i I.' .» M,'. 270 or, lieutenant governor, secretary, custom house officers, and all other crown officers, produced, the statute of the thirteenth and fourteenth of Charles the second, chapter eleventh, entitled, ^ An Act to prevent frauds, and regulating abuses in his majesty's cus- toms." Section fifth, which I will quote verbatim. "And be it further enacted by the authority aforesaid, that in case, after the clearing of any ship or vessel, by the person or persons which are or shall be appointed by his majesty for managing the customs or any their deputies, and discharging the watchmen and tidesmen from attendance thereupon, there shall be found on board such ship or vessel, any goods, wares or merchandizes, which have been concealed from the knowledge of the said person or persons^ which are or shall be so appointed to manage the customs, and for which the custom, subsidy and other duties due upon the import- ation thereof have not been paid ; then the master, purser, or other person taking charge of said ship or vessel, shall forfeit the sum of one hundred pounds : and it shall be lawful, to or for any person or persons authorized by writ of assistance under the seal oj kis majesty' t caun of exchequer^ to take a constable, headborough, or other public officer, inhabiting near unto the place, and in the day time to enter, and go into any house, shop, cellar, warehouse or room, or other place ; and in case of resistance, to break open doors, chests, trunks, and other package, there to seize, and from thence to bring any kind of goods or merchandize whatsoev- er prohibited and uncustomed, and to put and secure the same, in his majest3r''s storehouse in the port, next to the place where such seizure shall be made." Here is all the colour for " Writs of assistance," which the officers of the crown aided by the researches of their learned counsel, Mr. Gridley, could produce. Where, exclaimed Otis, is your seal of his majesty's court of exchequer ? And what has the court of exchequer to do here ? But my sheet is full, and my patience exhausted for the present. JOHN ADAMS. i ViS> TO THE HON. WM. TUDOR. Quincy, June 2t, 1818. DEAR sm, MR. OTIS said such a " writ of assistance" might become the reign of Charles 2d. in England, and he would not dispute the taste of the parliament of England, in passing such an act, nor the people of England in submitting to it ; but it was not calculated for the meridian of America. The Court of Exchequer had no jurisdiction here. Her warrants and her writs were never seen here. Or if they should be, they would be waste paper. He insisted however, tiiut these warrants and writs were even in e same, id 271 England inconsistent with the fundamental laws, the natural and constitutional rights of the subjects. If, however, it would please the people of England, he might admit, that they were legal there, but not here. Diligent research had been made by Otis and Thatcher, and by Gridley, aided, as may well be supposed, by the officers of th«^ customs, and by all the conspirators against American liberty, on both sides the water, for precedents and examples of any thin^ similar to this writ of assistance, even in England. But nothing' could be found, except the following: An act of the 12lh of Charles 2d. chapter S2. '^ An act for the regulating the trade of Bay-making, in the Dutch Bay-hall, in Colchester.*' The fifth section of this statute, " for the better discovering, finding out and punishing of the frauds and deceits, aforesaid, be it enacted, that it shall and may be lawful for the governors of the Dutch Bay-hall, or their officers or any of them, from time to time, in the day time, to search any cart, waggon or pack, wherein they shall have notice, or suspect any such deceitful Bays to be, and also from time to time, with a constable, who are hereby required to be aiding and assisting tho n, to make search in any house, shop, or warehouse, where they are informed any sucVi deceitful Bays to be, and to secure and seize the same, and to carry them to the Dutch Bay-hall ; and that such Bays so seized and carried to the said hall, shall be con£^cate and forfeit, to be disposed in such manner as the forfeitures herein before mentioned, to be paid by the weavers and fullers, are herein before limited and appointed.!' The Dutch Bay hall made sporl for Otis and his audience ; but was acknowledged to have no authority here, unless by certain distant analogies and constructions, which Mr. Gridley himself did not pretend to urge. Another ridiculous statute was of the 22d and 23d of Charles 2d. chapter 8th, " An act for the regulating the making of Kidderminster Stuffs." By the eleventh section of this important law, it is enactod^ " That the said president, wardens, and assistants of the said Kid- derminster weavers, or any two or more of them, shall have, and hereby have power and authority, to enter into and search the houses and workhouses of any artificer undftr the ro-g-ulalion of the said trade, at all times of the day, and usual times ofoponinjf shops and working ; and into the shops, houses, and wiirehouses of any common buyer, dealer in, or retailor of any of the said cloths or stuffs, and into the houses and workhouses of any dyer, sheerman, and all other workmen's houses and places of sale, or dressing of the said cloths, or stuffs and yarns ; and may there view the said cloths, stuffs and yarns respectively; arul if auy cloth, stuff or yarns shall be found defective, to seize and carry away the same to be tried hy a jury." The wit, the humour, the irony, the satire, played off, by Mr. Otis, in his observations on these act? of navigation, Dutch hays and Kidderminster stuffs, it would oe madness in me to pretend to m i' I '^:: t r .1 '■ ■i 272 li'i Hill remember with any accuracy. But this I do «ay, that Hdraee^e I* Irritate mulcet^ xcris tcrroribu^ implet^'^ was never exemplified in my hoannj^ wiJh so i^reat effect. NVith all his drollery, he in. tcrmixed solid and sober observations upon the acts of navigation, by Sir Jofihiia Ciiild, nnd other English writers upon trade, which I shall produce together in another letter. It is hard to be called upon, at my age, to such a service as this. But it is the duty of JOHN ADAMS. ■■.;'■ TO THE HON. WM. TUDOll. Quiney, Jufy d, 1818. Dear sin, IN the search for sbmething, in the history and statutes of England, in any degree resembling this monstrum horrendum ingens^ the writ of assistance, the following example« were found. In the statute of ijie first year of king Janes the second, chap- ter third, " An act for granting to bis majesty an imposition upon all wines and vinegar," &c. Section 8, it is enacted, "That the officers of his majesty's customs &c. shall nave power and author^ ity to enter on board ships and vessels and make searches, and t6 do all other matters and things, which may tend to secure the true payment of the duties by this act imposed, and the due and orderly collection thereof, wliich any customers, collectors or oth- er officers of any of his majesty's ports can or may do, touching tiie securing his majesty's customs of tonnage and poundage," Sic. &,c. &c. 1 must refer to the statute for the rest. In the statute of king .James the second, chapter four, " An act for granting to his majesty an imposition upon all tobacco and su- gar imported," &c. Section fifth, in certain cases, " The commis* •inners may appoint «me or mure officer or officers to enter into nil the cellars, warehouses, stoie cellars, or other places whatso- ever, belonging to such importer, to search, see and try," &c. &c. ^c. I must again ' etcr to the statute for the rest, which is indeed iiothing to (be present purpose. Though the portraits of Charles the second and James the ?econd were blazing before his eyes, 'heir characters and reigns were s'ufficiently odious to all but the conspirators against human 'iherty, to excite the highest applauses of Otis's philippics against them and all the foregoing acts of their reigns, which writs of as- sistance were now intended to enforce. Otis asserted and proved, that none of these statutes extended to America, or were obliga- tory here by any rule of law, ever acknowledged here, or ever li«'fore preli.'nded in England. Anotner species of statutes were introduced by the counsel for the crown, wliich 1 shall «tate as they occur to iue without any 1'iN y : Hdraee^s xemplified ery. he iQ« lavigation, ide, which service ad kDAMS. », 1818. I statutes of dtim ingens, und. cond, chap" >sition upon *' That the and author^ ;he8, and tO I secure the the due and ktore or oth- lo, touching idage,'^ Stc. ir, " An act ceo and su- he commis* D enter into ces whatso' 7," &.C. &c, ch is indeed James the and reigns linst human pics against writs of as- ind proved, rere obliga- re, or ever counsel for vithout any 273 regard to the order of time. 1. of James the second, chapter 17. *^ An act for the revival and continuance of several acts of parlia* ment therein mentioned/' in which the tobacco law among others is revived and continued. 13th and 14th of Charles 2nd, chapter 13. *^ An act for prohibit* ing the importation of foreign bone-lace, outwork, embroidery, fringe, band*strings, buttons and needle work." Pray sir, do not laugh ! for something very serious comes in section third. '^ Be it further enacted, that for the preventing of the importing of the said manufactures as aforesaid, upon complaint and information given, to the justices of the peace or any or either of them within their respective counties, cities and towns corporate, at times reasonable, he or they are hereby authorized and required to issue forth his or their warrants to the constables of their respective counties, cities and towns, corporate, to enter and search for such manufactures in the shops being open, or warehouses and dwel- ling houses of such person or persons, as shall be suspected, to have any such foreign bone-laces, embroideries, cut work, fringe, band-strings, buttons or needle work within their respective coun- ties, cities, and towns corporate, and to seize the same, any act, statute or ordinance to the contrary thereof in any wise notwith- standing.'' Another curious act was produced, to prove the legality of writs of assistance, though it was no more to the purpose than all the others. I mean the statute of the 12th of Charles the second, chapter third, ^^ An act for the continuance of process and judicial proceedings continued." in which it is enacted, section first, ^^ That no pleas, writs, bills, actions, suits, plaints, process, pre- cepts, or other thing or things, 4;o. shall be in any wise continu- ed," &c. But I must refer to the act. 1 cannot transcribe. If any anti- quarian should hereafter ever wiph to review this period, he will see with compassion how such a genuis as Otis was compelled to delve among the rubbish of such statutes, to defend the country against the gross sophistry of the crown and its officers. Another act of 12 C. 2d, ch. 12, ^^ An act for confirmation of judicial proceedings," in which it is enacted, he. '-^ that nor any writs, or actions on, or returns of any writs, orders or other pro- ceedings in law or equity, had made, given, taken or done, or de- pending in the courts of chancery, king's bench, upper bench, common pleas, and court of exchequer, and court of exchequer chamber, or any of them, &c. in the kingdom of England, &c. shall be avoided, &c." I must refer to the statute. In short, wherever the custom house officers could find in any statute the word " writs", the word " continued" and the words " court of exchequer," they had instructed their counsel to pro- duce it, though in express " words restricted to the realm." Mr. Gridley was incapable of prevaricating or duplicity. 35 us. ,■'1 'I'!; • -•ilt !■:; v\ 274 1 ?' *? r It was a moral spectacle, more affecting to me than any I have since seen upon any stage, to see a pupil treating his master with all the deference, respect, esteem and affection of a son to a fath- er, and that without the least affectation ; while he baffled and confounded all his authorities, and confuted all his arguments and reduced him to silence. Indeed, upon the principle of construction, inference, analogy, or corollary, by which they extended these acts to America, they might have extended the jurisdiction of the court of king^s bench, and court of common pleas, and all the sanguinary statutes against crimes and midemeanors, and all their church establishment of archbishops and bishops, priests, deacons, deans and chapters ; and all their acts of uniformity, and all their acts against conven- ticles. I have no hesitation or scruple to say that the commencement of the reign of George the third was the commencement of another •Stuart's reign : and if it had not been checked by James Otis and others first, and by the great Chatham and others afterwards, it would have been as arbitrary as any of the four. I will not say it would have extinguished civil and religious liberty upon earth ; but it would have gone great lengths towards it, and would have cost mankind even more than the French revolution to preserve it. The most sublime, profound and prophetic expression of Chatham's oratory that he ever uttered was, " I rejoice that America has resisted ; two millions of people reduced to servi- tude, would be fit instruments to make slaves of the rest." Another statute was produced, 12 C. 2. cap. 19, " An act to prevent frauds and concealments of his majesty's customs and sub- sidies." '♦ lie it enacted," &c. " that if any person or persons Sac. flhaU cause any goods, for which custom, subsidy, or other duties are due or payable, &,c. to be landed or conveyed away, without due entry thereof first made and the customer or collector, or his deputy agreed with ; that then and in such case, upon oath thereof made before the lord treasurer, or any of the barons of the exche- quer, or chief magistrate of the port or place where the offence shall be committed, or the next adjoining thereto, it shall be law- full, to and for the lord treasurer, or any of the b irons of the ex- chequer, or the chief magistrate of the port or place, &c. to issue out a warrant to any person or persons, thereby ennf)ling him or them, with the assistanceof a sheriff, justice of the peace o.' con- stable, to enter into any house in the day time where nuch goods are suspected to be concealed, and in case of resistance, to break open such houses, and to seize and secure the same goods so con- cealed J and all oificers and ministers of justice are hereby requir- ed to be aiding and assisting thereunto." Such was the sophistry ; such the chicanery of the officers of the crown, and such their power of face, as to apply these stat- utes to America and to the petition for writs of assistance from the superior court. JOHN ADAMS. 275 y I have iter with to a fath- iffled and tents and analogy, ica, they 's bench, is against hment of haptcrs ; : conven- cment of f another Otis and 'wards, it II not say m earth ; luld have preserve ession of >ice that to servi- n act to and sub- rsons Sac. ir duties without )r, or his !/i thereof e exche- offence be Jaw- the ex- to issue him or or con- ;h goods to break ) so con- y requir- ficers of ese stat- ice from )AMS. TO THE HON. WM. TUDOR. Q,uiney^ July 14, 1818. DEAR SIR, MR. OTIS, to show the spirit of the acts of trade, those 1 have already quoted, as well as of those I shall hereafter quote, and as the best commentaries upon them, produced a number of authors upon trade, and read passages from them, which 1 shall recite, without pretending to remember the order in which he read them. 1. Sir Josiah Child, " A new discourse of trade." Let me recommend this old book to the perusal of my inquisitive fellow citizens. A discerning mind will find useful observations on the interest of money, the price of labour, &c. &c. kc. 1 would quote them all, if 1 had time. But I will select one. In page 16, of his preface, he says, " I understand not the world so little, as not to know, that he that will faithfully serve his country, must be content to pass through good report, and evil report." 1 can- not agree to that word, " content.^'* 1 would substitute instead of it, the words, " as patient as he can." Sir Josiah adds, " neither regard I, which 1 meet with." This is too cavalierly »>oken. It is not sound philosophy. Sir Joshua proceeds : ''Truth I am sure at last will vindicate itself, and be found by my countrymen." Amen ! So be it ! I wish I could believe it. But it is high time for me to return from this ramble to Mr. Otis^s quotations from Sir Joshua Child, whose chapter four, page 105, is "' concerning the act of navigation." Probably this knight was one of the most active and able inflamers of the national pride in their navy and their commerce, and one of the principal pro- moters of that enthusiasm for the act of navigation, which has prevailed to this day. F'or this work was written about the year 1677, near the period when the court of Charles 2d. began to urge and insist on the strict execution of the act of navigation. Such pride in that statute did not become Charles, his court orhiq nation of royalists and loyalists, at that time. For shall I blush, or shall I boast, when I remember, that this act was not the in> vention of a Briton, but of an American. George Downing, a native of New England, educated at Harviirrl College, whose name, ofiice, and title appear in thoir catalotfue, went to Eng- land in the time of lord Clarendon's civil wars, and became such a favourite of Cromwell and the ruling powers that he was sent ambassador to Holland. He was not only not received, but ill treated, which he resented on his return to England, by proposing an act of navigation, which was adopted, and has ruined Holland, and would have ruined America, if she had not resisted. To borrow the language of the great Dr. Johnson, this ' Dog" Downing must have had a head and brains, or in other words, genius and address • but if we may believe history, he wa« a scour*' i3> • $ 276 (Irel. To ingratiate himseir with Charles 2d. he probably not only pleaded his merit in inventing the navigation act, but he be> trayed to the block some of his old republican and revolutionary friends. George Downing ! Far from boasting of thee as my countryman, or of thy statute as an American invention ; if it were lawful to wish for any thing past, that has not happened, 1 should wish that thou hadst been hanged, drawn, and quartered, instead of Hugh Peters, and Sir Henry Vane. But no ! This is too cruel for my nature i I rather wish, that thou hadst been obliged to fly with thy project, and report among the rocks and caves of the mountains in New England. But where is Downing^s statute ? British policy has suppress- ed all the laws of England, from 1648 to 1660. The statute book contains not one line. Such are records, and such is history. The nation, it seems, was not unanimous in its approbation of this statute. The great knight himself informs us, page 105, *^ that some wise and honest gentlemen and merchants doubted whether the inconveniences it has brought with it be not greater than the conveniences.'' This chapter was, therefore, written to answer all objections ; and vindicate and justify Downing's statute. Mr. Otis cast an eye over this chapter, and adverted to such •bservations in it, as tendnd to show the spirit of the writer, and of the statute ; which might be summed up in this comprehen- sive Machiavelian principle, that earth, air, and seas, all colonies and all nations were to be made subservient to the growth, grandeur and power of the British navtf. And thus, truly, it happened. The two great knights, Sir George Downing, and Sir Josiah Childymust be acknowledged to have been great politicians ! Mr. Otis proceeded to chapter 10, of this work, page 166, ** concerning plantations." And he paused at the 6th proposition, in page 167, ^^ That all colonies and plantations, do endamage their mother kingdoms, whereof the trades of such plantations are not confined by severe laws, and good executions of those laws, to the mother kingdom.'' Mr. Otis then proceeded to seize the key to the whole riddle, in page 168, proposition eleventh, *' that JVew England is the most prejudicial plantation to the kingdom of England," Sir George Downing, no doubt, said the same to Charles 2d. Otis proceeded to page 1 70, near the bottom, ^^ we must consider what kind of people they were and are that have and do transport themselves to our foreign plantations.^'' New England, as every one knows, was originally inhabited, and hath since been successively replenished by a sort of people called Puritans, who could not conform to the ecclesiastical laws of England ; but being wearied with church censures and persecutions, were forced to quit their fathers' land, to find out new habitations, as many of them did in Germar^ and Holland, as well as at New England ; and had there 277 fably not It he be> lUtionary otryman. lawful to viah that of Hugh il for my with thy intains in iuppresft- e statute 9 history, bation of age 105, I doubted t greater vritten to s statute, d to such riter, and nprehen- II colonies grandeur ghts, Sir edged to »age 166t >positioD, ndamnge antations of those I riddle, the most r George ( consider transport very one cessively :ould not wearied uit their m did in ad there n«t h^en a New England found for some of them, Gormnny and Holland probably had received the rest : but Old England, to hn sure, would have lost them all. " Virginia and Barbadoes were first peopled by a sort of loose, vagrant people, vicious, and destitute of the means to live at home, (being either unfit for labour, or such as could find none to cm- ploy themselves about, or had so misbehaved themselves by whor- ing, thieving, or other debauchery, that none would set them al work) which merchants and masters of ship%, by their agont<<, (or spirits, as they were called) gathered up about the streets ot London, and other places, clothed and transported, to be employ- ed upon plantations ; and these I say, were such as, had there been no English foreign plantation in the world, could probably never have lived at home, to do service for their country, but must havp come to be hanged, or starved, or died untimely of some of those miserable diseases, that proceed from want and vice ; or else havr sold themselves for soldiers, to be knocked on the head, or starv- ed in the quarrels of our neighbours, ns many thousands of bravtf Englishmen were in the low countries, as also in the wars of Ger- many, France, and Sweden, &c. or else, if they could by begging or otherwise, arrive to the stock of 2s. 6d. to waft them over to Holland, become servants to the Dutch, who refuse none. " But the principal growth and increase of the aforesaid plan- tations of Virginia and Barbadoes, happened in, or immediately after, our late civil wars, when the worsted party, by the fate of war, being deprived of their estates, and having, some of them, never been bred to labour, and others of them made unfit for it by the lazy habit of a soldier's life, their wanting means to maintain them all abroad, with his majesty, many of them betook them> selves to the aforesaid plantations ; and great numbers of Scotch soldiers of his majesty's army, after Worcester fight, were by the then prevailing powers voluntarily sent thither. " Another great swarm or accession of the new inhabitants t« the aforesaid plantations, as also to New England, Jamaica, and all other his majesty's plantations in the West Indies, ensued UMon his majesty's restoration, when the former prevailing party bciii^- by a divine hand of providence brought andcr, tUe annv dislmiuiod, many officers displaced, and all the new ,'urchasers of public titlcH dispossessed of their pretended lands, 'states, Ulc. many became impoverished, and destitute of empl'^^ inont; and therefore such as could find no way of living at home, ao'^ some who feared the re-establishment of the ecclesiastical laws, m\ tr which tlicy coulil not live, were forced to transport themselves, or soil themselves for a few years, to be transported by others, o the foreign Eng- lish plantations. The constant supply, that the said plantations have since had, hath been such vagrant, loose people, as I have before mentioned, picked up especially about the streets of Lon- don and Westminster, and malefactors condemned for crimes, for which by law they deserved to die ; and some of those people |i It . ■ if ■'ii . I. I'- ll! i wm "iu #. ^-^ IMAGE EVALUATION TEST TARGET (MT-3) /. V.x 1.0 I.I 2.5 l^|28 |j50 l"^* u ^ 1.8 1.25 1.4 1.6 4 6" ► V] ^^ /a o?y .^ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 SJ ,\ iV \\ % V ^ o^ Wo o^ K i»' h m 278 called quakers, banished for meeting on pretence of religioas norship. " Now, if frona the premises it be duly considered, nhat kind of persons those have been, by whom our plantations have at all fimes been replenished, I suppose it will appear, that such they have been, and under such circumstances, that if his majesty had had no foreign plantations to which they might have resorted, I'^^ngland, however, must have lost them " Any man, who will consider with attention these passages from yir Josiah Child, may conjecture what Mr. Otis's observations up- America, I general, >urageous, d more in- sts as well lid, ungen- n this pas- n a fit tool d friend of ar in Har- 1 observa- ild. felt it his uthor, and Ir. Otis or from your lDAMS. 7, 1818. ork of the lost preju- lustry and tutions do promise to themselves long life, with a wonderful increase of peo- ple, riches and power : and although no men ought to envy that virtue and wisdom in others, which themselves either cannot or will not practice, but rather to command and admire it ; yet I think it the duty of every good man primarily to respect the wel- fare of his native country ; and therefore, though 1 ma^' olTcnd some whom I would not willingly displease, I cannot omit, in the progress of this discourse, to take notice of some particulars, wherein Old England suffers diminution by the growth of those colonies settled in New England, and how that plantation differs from those more southerly, with respect to the gain or loss of this kingdom, viz. " All our American plantations, except that of New England, produce commodities of different natures from those of this king- dom, as sugar, tobacco, cocoa, wool, ginger, sundry sorts of dying woods, oic. Whereas, New England produces generally the same we have here, viz : corn and cattle : some quantity of lish they do likewise kill, but that is taken and saved altogether by their inhabitants, which prejudiceth our Newfoundland trade ; whereas, as hath been said, very few are or ought, according to prudence, be employed in those fisheries but the inhabitants of Old England. The other commodities we have from them are some few great masts, furs, and train oil, whereof the yearly value amounts to very little, the much greater value of returns from thence being made in sugar, cotton, wool, tobacco, and such like commodities, which they first receive from some other of tiis m;ijesty's plantations in barter for dry cod fish, salt mackerel, beef, pork, bread, beer, flour, peas, &c. which they supply Barbadoes, Jamaica, &c. with, to the diminution of the vent of those commodities from this king- dom ; the greatest expense whereof in our West India plantations would soon be found in the advance of the value of our lands in England, were it not for the vast and almost incredible supplies those colonies have from New England. "2. The people of New England, by virtue of their primitive charters, being not so strictly tied to the observation of the laws of this kingdom, do sometimes assume a liberty of trading, contra- ry to the act of navigation, by reason whereof many of our Amer- ican commodities, especially tobacco and s>igar, are transported in New England shipping directly into Spain and other foreign coun- tries, without being landed in England, or paying any duty to his majesty, which is not only loss to the king, and a prejudice to the navigation of Old England, but also a total exclusion of the old English merchants from the vent of those commodities in those ports where the new English vessels trade ; because there being no custom paid on those commodities in New England, and a great custom paid upon them in Old England, it must necessarily follow that the New English merchant will be able to afford his commo- dities much cheaper at the market, than the Old English merchant : and those that can sell cheapest, will infallibly engross the whole trade, sooner or later. A!. m It j' • 1 , ' ■'■ a.' M ^if 280 " 3. Of all the American plantations, his majesty hath nene, eo apt for the building of shipping as New England, nor none so com- parably qualified for breeding of seamen, not only by reason of the natural industry of that people, but principally by reason of their cod and mackerel fisheries : and in my poor opinion, there is noth- ing more prejudicial, and in prospect more dangerous to any moth- er kingdom, than the increase of shipping in her colonies, planta- tions and provinces." " 4. The people that evacuate from us to Barbadoes, and the other West India plantations, as was hinted, do commonly work one Englishman to ten blacks ; and if we kept the trade of our said plantation entirely to England, England would have no less inhabitants, but rather an increase of people by such evacuation; because that one Englishman, with the ten blacks that work with hiin, accounting what thej' eat, use, and wear, would make em- ployment for four men in England, as was said before ; whereas, peradventure, of ten men that issue from us to New England. " To conclude this chapter, and to do right to that most indus- trious English colony ; I must confess, that though we lose by their unlimited trade with our foreign plantations, yet we are very great gainers by their direct trade to and from Old England : our yearly exportations of English manufactures,malt, and other goods, from hence thither, amounting in my opinion to ten times the value of what is imported from thence ; which calculation I do not make at random, but «ipon mature consideration, and peradventure up- on as much experience in this very trade as any other person will pretend to : and thereibre, whenever a reformation of our correspondency in trade with that people shall be thought on, it will in my poor judgment require great tenderness and very serious circumspection." Mr. Otis's humour and satire were not idle upon this occasion, but his wit served only to increase the effect of a subsequent, very grave and serious remonstrance and invective against the detesta- ble principles of the foregoing passages, which he read with re- gret, but which it was his duty to read, in order to shew the tem- per, the views and the objects of the knight, which were the same with those of all the acts of trade anterior and posterior, to the writing of this book : and those views, designs and objects were, to annul all the New England charters, and they were but three, Massachusetts, Rhode Island and Gonnnecticut ; to reduce all the colonies to royal governments, to subject them all to the supreme doniinatioii of parliament, who were to tax us, without limitation, ^vho would tax us whenever the crown would recommend it, which crown would recommend it, whenever the ministry for the time being should please, and which ministry would please as often as the West India planters and North American governors, crown ofticers and naval commanders should solicit more fees, salaries, penalties and forfeitures. Mr. Otis had no thanks for the knight for his pharisaical com- pliment to New England, at the cxpeHse of Virginia and other cole- i-'' nane, eo J so com- lonof the of their e is noth- iny moth- s, planta- and the nly work cle of our ; no less acuation ; rork with nake em- whereas, land. lost indufi- re lose by e are very land : our her goods, i the value 3 not make enture up- her person on of our bought on, 8 and very occasion, uent, very le detesta- with rc- the tem- the same ior, to the ts were, to )ut three, ice all the supreme imitation, d it,which the time is often as ors, crown 3, salaries, aical com- )ther cole- W 281 hies who for any thing he knew were equally meritorious. It was certain the first settlers of New England were not all godly. But he reprotated in thp strongest terms that language can com- mand, the machiaviiian, the Jesuitical, the diaboliciil and infernal principle that men, colonies and nations were to be sacrificed, be- cause they were industrious and frugal, wise and virtuous, while others were to be encouraged, fostered and cherished, because they were pretended to be profligate, vicious and lazy. But, my friend, I must quit .Tosiah Child, and look for others of Mr. Otis's authorities. JOHN ADAMS. TO THE HON. WM. TUDOR. Qtttnci/, Jul}/ 27, 1818. BEAR SIR, ANOTHER author produced by Mr. Otis was, " The trade and navigation of Great Britain considered," by Joshua Gee. " A new edition, with many interesting notes and additions by a mer- chant," printed in 1767. This new edition, which was printed no doubt to justify the ministry in the system they were then pursu- mg, could not be the edition that Mr. Otis produced in 1761. The advertisement of the editor informs us that " This valuable trea- tise has for many years been very scarce, though strongly recom- mended by the best judges and writers on trade, and universally allowed to be one of the most interesting books on that subject." " The principles upon which it was written continue, with little tariation." But 1 am fatigued with quotations, and must refer you to the advertisement in the book,which will shew,past a doubt, that this was a ministerial republication. The " feelings, the manners and principles," which produced thf; revolution, will be excited and renovated by the perusiil of ^his book, as much as by that of sir Josiah Child. I wish I co'i!.! fill sheets of paper with quotations from it ; but this is impossible. If 1 recommend it to the research, and perusal, and patient thinkiug of the present gen- eration, it is in despair of being regarded. For who will engage in this dry, dull study ? Yet Mr. Otis laboured in it. He assert'jd and proved, that it was only a reinforcement of the system of sir Josiah Child, which Gee approved in all things, and even quoted with approbation the most offensive passage in his book, the scur- rilous reflections on Virginia and Barbadoes. Another writer produced by Mr. Otis was " Memoirs and consid- erations, concerning ihe trade and revenues of the British colo- nies in America ; with proposals for rendering those colonies more beneficial to Great Britain. By John Ashley, Esq." This book is in the same spirit luul systpni of Josiah Child and Joshua Gee . 36 lyi '-'^^ 282 Mr. Otis also (luoted Postleihvvait. But I can quote no more. If any man of the present age can read these authors and not feel his " feelings, manners and principles," shocked and insulted, 1 know not of what stuff he is made. All I can say is, that 1 read them all in my youth, and that I never read them without being set on tire. I will, however, transcribe one passage from Ashley, painful as it is. In page 41, he says, " The laws now in being, for the reg- ulation of the plantation trade, viz* the 14 of Charles the second, ch. II. sec. 2, 3, 9, 10 ; 7 and 8 William III. ch. 22. sec. 5, 6 ; 6 George II. ch. 13, are very well calculated, and were they put in execution as they ought to be, would in a great measure put an end to the mischiefs here complained of. If the several officers of the customs would see that all entries of sugar, rum and molasses, were made conformable to the directions of those laws ; and let every entry of such goods distinguish expressly, what are of Brit- ish growth and produce, and what are of foreign growth and pro- duce ; and let the whole cargo of sugar, penneles, rum, spirits, molasses and syrup, be inserted at large in the manifest and clear- ance of every ship or vessel, under office seal, or be liable to the same duties and penalties as such goods of foreign growth are lia- ble to. " This would very much baulk the progress of those who carry on this illicit trade, and be agreeable and advantageous to all fair traders. " And all masters and skippers of boats in all the plantations, should give some reasonable security, not to take in any such good* of foreign growth, from any vessel not duly entered at the custom- house, in order to land the same, or put the same on board any other ship or vessel, without a warrant or sufferance from a prop- er officer." But you will be fatigued with quotations, and so is your friend, JOHN ADAMS. ■•('■ B 1- V* ... "■ ■ I 7 ■ I ' * ■ TO THE HON. WM. TUDOR. Quincy, July 30, 1818 DEAR SIR ANOTHER passage which Mr. Otis read from Ashley gave occasion, as 1 suppose, to another memorable and verj' curious event, wiiich your esteemed pupil and my beloved friend judge Minot has recorded. The passage is in the 42d page. " In fine, I would humbly pro- pose that the duties on foreign sugar and rum imposed by the be- fore mentioned act of the 6th of king George the second, remain as they are, and also the duty on molasses, so far as concerns the im- portations into the sugar colonies ; but that there be an abatement ir> more, and not insulted, it I read ut being ainful as the reg- ; second, . 3, 6; 6 !y put in e put an )[1icers of molasses, ; and let e of Brit- and pro- n, spirits, and clear- ble to the hi are lia- ^ho carry to all fair lantations, uch good* le custom- board any »m a prop- ir friend, DAMS. 0, 1818 ihley gave ry curious lend judge umbly pro- by the be- remain as rns the iin- abatemenl 283 of the duty on molasses imported into the northern colonies, so far as to give the British planters a reasonable advantage over foreigners, and what may bear some proportion to the charge, risque and inconvenience of running it, in tlie manner they now do, or after the proposed regulation shall be put in execution : wheth- er this duty shall be one, two or three pence, sterling money of Great Britain per gallon, may be matter of consideration." Gra- cious and merciful indeed ! The tax might be reduced and made supportable, but not abolished. Oh ! No ! by no means. Mr. Hutchinson, however, seized this idea of Ashley, of redu- cing the tax on molasses, from six pence to three pence or two pence or a penny, and the use he made of it you shall learn from your own pupil and my amiable friend judge Minot. Volume 2d. page 142. " About this time there was a pause in the opposition to the measures of the crown and parliament, which might have given some appearance of the conciliation of parties, but which was more probably owing to the uncertainty of the eventual plan of the ministry, and the proper ground for counter- acting it. The suppressing of the proposed instructions to the agent by a committee of the house of representatives, indicated that this balance of power there was unsettled. Several circum- stances shewed a less inflexible spirit, than had existed among the leaders." " The governor appointed the elder Mr. Otis a justice of the coui't of common pleas, ana judge of probate for the county of Barnstable. The younger wrote a pamphlet on the rights of the British colonies, in which he acknowledged the sovereignty of the British parliament, as well as the obligations of the colonies to submit to such burdens as it might lay upon them, until it should be pleased to relieve them ; and put the question of taxing Amer- ica upon the footing of the common good." I beg your attention to Mr. Minot's history, vol. 2, from page 140 to the end of the chapter in page 152. Mr. Minot has en- deavoured to preserve the dignity, the impartiality and the deli- cacy of history. But it was a period of mingled glory and disgrace. But as it is a digression from the subject of Mr. Otis's speech against writs of assistance, 1 can pursue it no further at present. Mr. Hutchinson seized the idea of reducing the duiies. Mr. Otis and his associates seemed to despair of any thing mere. Hutch- inson was chosen agent, to the utter astonishment of every Amer- ican out of doors. This was committing the lamb to the kind guar- dianship of the wolf. The public opinion of all the friends of their country was decided. The public voice was pronounced in ac- cents so terrible that Mr. Otis fell into a disgrace from which nothing but Jemmibullero* ssi\ed him. Mr. Hutchinson was polite- ly excused from his embassy, and the storm blew over. Otis, upon * Jemmibullero — This was a silly and abusive soug, written by a Mr. S. Wa- terhouse, a stanch t»ry ; but with so little wit, that it only espoied the writer to contennpt. 1 M: I I i lit')''- :li!iJ ■m 284 whose zeal, energy, and exertions the whole great cuwc seemed to depend, returned to his duty, and gave entire satisfaction to the end of his political career. Thus ended the piddling project of reducing the duty on molas- ses from six pence a gallon, to five pence, four pence, three pence, two pence or a penny. And one halfpenny a gallon, would have abitndonod the groat principle, as much as one pound. This is another digression from the account of Mr. Otis's argu- ment against writs of assistance and the act ; of trade. I have heretofore written you on this subject. The truth, the whole truth, must and will and ought to come out ; and nothing but the truth shall appear, with the consent of your humble servant, JOHN ADAMS. m m'.^'A 1i i V^^ TO THE HON. WM. TUDOR. Quinci/, August 6, 1818. " Mid ike low murmurs of submission, fear and mingled rage f my llairtpden raised his Toice, and to the la-ws appealed,'''' DEAK sm, MR. OTIS had reasoned like a philosopher upon the navii^ation acts, and all the tyrannical acts of Charles 2d. ; but when he came to the revenue laws, the orator blazed out. Poor king William ! If thy spirit, whether in heaven or elsewhere, heard James Otis, it must have blushed. A stadtholder of Holland, by accident, or by miracle, vested with a little brief authority, in Eng- land, cordially adopting the system of George Downing, Josiah Child, and Charles 2d. for the total destruction of that country to which he owed his existence, and all his power and importance in the world. And, what was still worse, joining in the conspi- racy, with such worthy characters to enslave all the colonies in Europe, Asia, and America ; and indeed all nations, to the omnip- otence of the British parliament, and its Royal navy. The act of parliament of the seventh and eighth of king Wil- liam 3d. was produced, chapter 22d. " An act for preventing frauds, and regulating abuses in the plantation trade." I wish I could transcribe this whole statute, and that which precedes it : *' An act for the encouragement of seamen," but whc would read them ? Yet it behoves our young and old yeomen, mechanics, and labourers, philosophers, politicians, legislators, and merchants to read them. However tedious and painful it may be for you to read, or me to transcribe, any part of these dull statutes, we must endure the task, or we shall never understand the American revolution. Recollect and listen to the preamble of this statute, of the 7th and 8th of William 3d. chapter 22d. 285 W seemed n to the 1 molas- B pence, lid have j's argu- I have e whole but the fint, )AMS. 1818. ragCy ?ny avii^ation vvhea he [oor king heard and, by in Eng- Josiah ountry to portance conspi- onies ia le omnip- dng Wil- e venting I wish I cedes it : uld read echanics, erchants for you utes, we American i statute^ '• Whereas, notwithstanding diverse acts made for the encourage- ment of the navigation of this kingdom, and fcr the better securing and regulating the plantation trade, more especially one act of parliament made in the 1 2th year of the reign of the late king Charles 2d, intituled, an act for the increasing of shipping and navigation. Another act made in the 15th year of the reign of liis said late majesty, intituled an act for the encouragement of trade. Another act made in the 22d and 23d years of his said late majesty's reign, intituled, an act to prevent the planting of tobacco in England, and for regulation of the phmtation trade. Another act, made in the 25th year of the reign of his said late majesty, intituled, an act for the encouragement of the Greenland and Eastland lisheries, and for the better securing the plantation trade, great abuses are daily commitfed, to the prejudice of the English navigation, and the loss of a great part of the pliinlation trade to this kingdom, by the artifice and cunning of ill disposed persons; for remedy whereof for the future," &c. Will you be so good, sir, as to pause a moment on this pream- ble ? To what will you liken it ? Does it resemble a great, rich, powerful West India planter; Alderman Beckford, for example, preparing and calculating and writing instructions for his over- seers ? " You are to have no regard to the health, strength, com- fort, natural atfections, or moral feelings, or intellectual endow- ments of my negroes. You are only to consider what subsistenc; to allow them, and what labour to exact of them, will subserve my interest. According to the most accurate calculation I can make, the proportion of subsistence and labour which will work them up, in six years upon an average, is the most proHtable to the planter." And this allowance, surely, is very humane ; for we estimate here, the lives of our coal-heavers upon an average at only two years, and our fifty thousand girls of the town at three years at most. "And our soldiers and seamen no matter what." Is there, Mr. Tudor, in this preamble, or in any statute of Great Britain, in the whole book, the smallest consideration of the health, the comfort, the happiness, the wealth, the growth, the popula- tion, the agriculture, the manufactures, the commerce, the fishe- ries of the American people ? All these things are to be sacri- ficed to British wealth, British commerce, British domination, and the British navy, as the great engine and instrument to accomplish all. To be sure, they .vere apt scholars of their master, Tacitus, whose fundamental and universal principle of philosophy, reli- gion, morality, and policy, was, that all nations and all things were to be sacrificed to the grandeur of Rome. Oh ! my fellow citi- zens, that I had the voice of an archangel to warn you against these detestable principles. The world was not made for you, you were made for the world. Be content with your own rights. Never usurp those of others. What w«uld be the merit, and the fortunes of a nation, that should never do or suffer wrong ? The purview of this statute, was in the same spirit with the preamble ; pray read it I Old as you are ; you are not so old as n ''■Wi Mi; 286 :^'¥m i' lA -!';; I am ; and I assure you 1 have conquered my natural impatience 90 far as to read it again, after almost sixty years acquaintance with it, in all its horrid dfibrmity. Every artifice is employed to ensure a rigorous, n severe, a cruel execution of this sy.-jtem of tyranny. The religion, the morality, of all pliuitation governors, of all naval commanders, of all custom house officers, if th«»y had any, and all men have som<^, were put in requisition l»y the most solemn oaths. Their amhilion was iiili^tcd by th'! forfeiture of their officers ; their ava- ri<-e was secured by the most temj)ting penalties and forfeitures, to he divided among tliem. Fine picking to be sure ! Even the lowest, the basest informers weio to be made gentlemen of fortime ! 1 must transcribe one section of this detestable statute, and leave you to read *he rest; I can transcribe no more. The sixth section of this benign law, of our glorious deliverer kiii^ William, is as follows : Section 6. " And for the more effectual preventing of frauds, and regulating abuses in the plantation tnide, in America, be it further enacted by the authority aforesaid, that all ships coming into, or going out of any of the said plantations, and lading, or un- lading any goods or commodities, whether the same be his majes- ty's ships of war, or merchant ships, and the masters and com- manders thereof, and their ladings, shall be subject and liable to the same rules, visitations, searches, penalties, and forfeitures, as to the entering, landing, and discharging their respective ships and ladings, as ships and their ladings, and the commanders and masters of ships, are subject and liable unto in this kingdom, by virtue of an act of parliament made in the fourteenth year of the reign of king Charles 2d. intituled, an act for preventing frauds, and regulating abases in his majesty's customs. And that the officers for collecting and managing his majesty's revenue, and in- specting the plantation trade, and in any of the said plantations, shall have the same powers and authorities, for visiting and searching of ships, and taking their entries, and for seizing and securing, or bringing on shore any of the goods prohibited to be imported or exported into oroutof any the said plantations, or for which any duties are payable, or ought to have been paid, by any of the before mentioned acts, as are provided for the officers of the customs in England by the said last mentioned act, made in the fourteenth year of the reign of king Charles 2d. ; and also to enter houses or warehouses, to search for and seize any such goods ; and that all the wharfingers, and owners of keys and wharves, or any lightermen, bargemen, watermen, porters, or other persons assisting in the conveyance, concealment, or rescue of any of the said goods, or in the hindering or resistance of any of the said olVicers in the performance of their duty, and the boats, barges, lighters, or other vessels employed in the conveyance of such goods, shall be subject to the like [»ains and penalties as are TipatiencH [Uiiintatice severe, a igion, the ninanders, men have s. Their their ava- orfcitures, Even the tlemen of atute, and I deliverer of frauds, srica, be it ps coming' ling, or un- his majes- and com- d liable to feitures, as ctive ships anders and ngdom, by- rear of the ng frauds, i that the ue, and in- dantations, siting and ieizing and lited to be ions, or for lid, by any officers of nade in the nd also to any such keys and lorters, or , or rescue ice of any the boats, ireyance of ties as are w. 287 ^lovided by the same act made in the fourteenth year of the reign of king Charl . i.M. in relation to prohibited or unaccustom- ed goods in this kingdom ; and that " the like assistance^'' shall be given to the said officers in the execution of their office, as by the said last mentioned act is provided for the officers in England ; and also, that the said officers shall be subject to the same penalties and forfeitures, for any corruptions, frauds, connivances, or con- cealments, in violation of any the before mentioned laws, us any officers of the customs in England are liable to, by virtue of the last mentioned act; and also, that in case any officer or olliccrsiu the plantations shall be seized or molested for any thing done in the execution of their office, the said officer shall and may plead the general issue, and shall give this or other custom acts in evi- dence, and the jtulge to allow thereof, have and enjoy the like priv- ileges and advantages, as are allowed by law to the officers of his majesty's customs in England." Could it be pretended, that the superior court of judicature, court of assize, and general goal delivery in the province cf Mas- sachusetts bay had all the powers of the court of exchequer in England, and consequently could issue warrants like his majesty's court of exchequer in England? No custom house officer dared to say this, or to instruct his counsel to say it. It is true, this court was invested with all the powers of the courts of king's bench, common pleas and exchequer in England. But this was a law of the province, made by the provincial legislature, by virtue of the powers vested in them by the charter. Otis called and called in vain for their warrant from " his ma- jesty's court of exchequer." They had none, and they could have none from England, and they dared not say, that Hutchinson's court was " his niJijesty's court of exchequer." Hutchinson himseU dared not say it. The principle would have been fatal to parlia- mentary prentensions. This is the second and the last time, 1 believe, that the word " assistance'^ is employed in any of thtie statutes. But the words " writs of assistance" were no where to be found ; in r.o st:Uute. no law book, no volume of entries; neither in Kasti'.ll, Coko. or Fitzherbert, nor even in Instructor Clericalis, or Burns's .Justice. Where, then, was it to be found ? No where, but in the imagi- nation or invention of Boston custom house officers, royal govern- ors, West India planters, or naval commanders. It was indeed a farce. The crown, by its agents, accumulated construction upon construction, and inference upon inference, as the giants heaped Peiion upon Ossa. 1 hope it is not impious ov profane to compare Otis to Ovid's jupiter. But "' uiisso fidmine perfregit Olympum^ et excussit Subjecto Pelio Ossam.'''' He dashed this whole building to pieces, and scattered the pulverized atc^ms to the four winds; and no judge, lawyer, or crown officer dared to say, why do you so ? They were all reduced to total silence. In plain English, by cool, patient comparison of phrasnology of these statutes, their several provisions, the dates of their enact- m .i: iiH i Pi fEs hi' ;-;t^ 288 ments, the privilpges of our rhartrrs, tlic morits of the colonist*, &c. he shewed the pretensions to introduce the revenue acts, and these arbitrary and mechanical writs of assistance, as an instru- ment for the execution of thrm to he so irrational ; by his wit he vepresent.'d the attempt as so ludicrous and ridiculous ; and by his dignified reprobation of an impudent attempt to impose on the peo- ple of America ; he raised such a storm of indignation, that even IlutchiiisoM, who had been appointed on purpose to sanction this writ, dared not utter a word in its favour ; and Mr. Gridley himself seemed to me to exult inwardly at the glory and triumph of hi" pupil. This, I am sure, must be enough, at this time, and from thi« text to fatigue you, as it is more than enough to satisfy yourmos( obedient, &ic. JOHN ADAMS. TO THE HON. WM. TUDOR. Q^uincy, August 11, I81C. ■■»>,■ ' ■it W.S DKAR SIR, THE " Defence of the New England charters by Jer. Dnm mer," is, both for style and matter, one of our most classical American productions. " The feelings, the manners and princi- ples which producGu the revolution," appear in as vast abundance in this work, as in any, that 1 have read. This beautiful compo- sition ought to be reprinted and read by every American who has learned to read. In pages 30 and ^1, this statute of 7th and 8th of king William, ch. 1^2. sec. 9th, is quoted, " All laws, by-laws, usa- ges or customs, at this time, or which hereafter shall be in prac- tice, or endeavoured or pretended to be in force or practice in any of the pla.itations, which are in any wise repugnant to thi? present act, or any other law hereafter to be made in this king- dom, so far as sucli law shall relate to and mention the plantations, are illegal, null and void to all intents and purposes whatsoever." This passage Mr. Otis quoted, with a very handsome eulogium of the author and his book. He quoted it for the sake of the rule es- tablished in it by parliament itself for the construction of its own statutes. And he contended that by this rule there could be no pretence for extending writs of assistance to this country. He al- so alluded to many other passages in this work, very applicable to his purpose, which any man who reads it mustperceive, but which I have not time to transcribe. If yon, or your inquisitive and ingenious son, or either of my ?ons or grandsons or great grand sons, should ever think of these thing?', it may not be improper to transcribe from a marginal note at the end ot this statute, an enumeration of the " Further pro- visions concerning plantations." II. VV. 3, c. 12 ; 3, 4 of An. c. 5 and 10; 6 of An. c. 30 : of An. c. 13; 9th of An. c. J7; 10 An. t'Ki T. colonislf, c iicts, and an instru- his wit hp and by his n the peo- that even nction this ey himself iph of hi" from thi« yourmosf lDAMS. , 181C. 'er. Dnm 3t classical md princi- jbundance ful compo- 1 who has and 8th ol •laws, usa- 5 in prac- ractice in ant to thi? this king- antations, itsoever." logium of le rule es- jfits own uld be no He al- ilicable to but which her of my of these ginal note rther pro- >f An. c. 5 10 An. 289 c 22 and 20; 4 Geo. 1, c. 11; 6 Geo. 1, c. 12 and 15; 13 Geo. 1, r. 5 ; 3 Geo. 2, c. 12 and 2'd ; 4 Geo. 2, c. 16 ; a Geo. 2, c. 7 and »; 6 Geo. 2, c. 16 ; a Geo. 2, c. 13; 8 Geo. 2,c. 19; 12 Geo. 2, c. 30 ; 15 Geo. 2, c. 31 and 33 ; 24 Geo. 2, c. 51 and 53 ; 20 Geo. 2, c. 5 and 35 ; and 30 Geo. 2, 9. The vigilance of the crown oflicers and their learned counsel on one side, and that of merchants, patriots and their counsel on the other, produced every thing in any of these statutes which could favor their respective arguments. It would not only be ri- diculous in me, but culpable to pretend to recollect all that were produced. Such as I diitinctly remember 1 will endeavour to in- troduce to your remembrance and rellections. Molasses or melasses or molosses, for by all these names, they are designated in the statutes. By the statute of the second year of our glorious deliverers, king William and queen Mary, session second, chapter four, section 35. " For ev^ry hundred weight of molosses, containing 112 pounds, imported from any other place than the English plantations in America, eight shillings over and abo- e what the same is charged within the book of rates." The next statute that I recollect, at present, to have been intro- duced upon that occasion, was the sixth of George the second, ch. thirteen, '^ An act for the better securing and encouraging the trade of his majesty's sugar colonies in America.'' Cost what it will, 1 must transcribe the first section of this statute, with all its parliamentary verbiage. 1 hope some of my fellow citizens of the present or some future age will ponder it. " Whereas, the welfare and prosperity of your majesty's sugar colonies in America, are of the greatest consequence and impor- tance, to the trade, navigation and strength of this kingdom ; and whereas, the planters of the said sugar cotonies have of late years, fallen under such great discouragements, that they are unable to improve or carry on the sugar trade, upon an equal footing with the foreign sugar colonies, without some advantage and relief be given to them from G. Britain : For remedy whereof, and for the good and welfare of your majesty's subjects, we your majesty's most dutiful and loyal subjects, the commons of Great Britain, as- sembled in parliament, have given and granted unto your majesty, the several and respective rates and duties hereinafter mentioned, and in such manner and form as is hereinafter expressed ; and do most humbly beseech your majesty, that it may be enacted, and be it enacted by the king's most excellent majesty, by and with the consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, that from and after the twenty tifth day of December, one thou- sand seven hundred and thirty-three, there shall be raised, levied, collected, and paid, unto and for the une of his majesty, his heirs and successors, upon all rum or spirits of the produce or manufac- ture of any of the colonics or plantations in America, not in the possession or under the dominion of his niitjcsty. his heirs and sno- 37 ! I ■ lit m i.. !i i»1f ml !f' Inl. • : i'. '•it If :\ -U4 290 cessors, which at any time or times, within or during the continu- ance of this act, shall be imported or brought into any of the colo* nies or plantations in America, which now are, or hereafter may be, in the possession or under the dominion of his majesty, his heirs or successors, the sum of nine pence, money of Great Britain, to be paid according to the proportion and value of five shillings and six pence the ounce in silver, for every gallon thereof, and aAer that rate for any greater or lesser quantity ; and upon all molasses or syrups of such foreign produce or manufacture, as aforesaid, which shall be imported or brought into any of the said colonies of or belonging to his majesty, the sum of six pence of like money for every gallon thereof, and after that rate for any greater or lesser quantity ; and upon all sugars and pancles of such foreign growth, produce or manufacture as aforesaid, which shall be imported into any of the said colonies or plantations of or belonging to his majesty, a duty after the rate of five shillings of like money for every hundred weight avoirdupois of the said su- gar and pancles, and after that rate for a greater or lesser quan- tity." Now, sir, will you be pleased to read judge Minot^s history, vol. 2d, from page 137 to 140, ending with these words : '''■ But the strongest apprehensions arose from the publication of the orders for the strict execution of the molasses act, which is said to have caused a greater alarm in the country, than the taking of fort Wil- liam Henry did in the year 1787." This 1 fully believe, and cer- tainly know to be true ; for I was an eye and an ear witness to both of these alarms. Wits may laugh at our fondness for molas- ses, and we ought all to join in the laugh with as much good hu- mor as general Lincoln did. General Washington, however al- ways asserted and proved, that Virginians loved molasses as well as New Englandmen did. I know not why we should blush to confess that molasses was an essential ingredient in American in- dependence. Many great events have proceeded from much smaller causes. Mr. Otis demonstrated how these articles of molasses and sugar, especially the former, entered into all and every branch of our commerce, fisheries, even manufactures and agriculture. He as- serted this act to be a revenue law, a taxation law, made by a for- eign legislature without our consent, and by a legislature who had no feeling for us, and whose interest prompted them to tax us to the quick. Pray, Mr. Tudor, calculate the amount of these duties upon molasses and sugar. What an enormous revenue for that age ! Mr. Otis made a calculation and shewed it to be more than sufficient to support all the crown officers. JOHN ADAMS. I' mmmmrm^mn' T^ ! contiau- the colo- ifter may jesty, his It Britain, shillings reof, and 1 upon all icture, as )f the said [ pence of :e for any tancles of lid, which tions of or hillings of le said su- sser quan- istory, vol. " But the the orders Lid to have f fort Wil- e, and cer- witness to for molas- good hu- awever al- jes as well d blush to lerican in- rom much and sug^r, ich of our He as- e by a for- e who had tax us to lese duties for that more than DAMS. 291 TO THE HON. WM. TUDOR. ^uincy, August 16, 1818. DEAR SIA, WE cannot yet dismiss this precious statute of the 6th of George 2d. chapter 13. The second section I must abridge, for I cannot transcribe much more. It enacts, that all the duties imposed ]>y the first section, shall be paid down in . ready money by the importer, before landing. The third section must be transcribed by me or some other person, because it is the most arbitrary among statutes, that were all arbitrary, the most unconstitutional among laws, which were all unconstitutional. Section 3d. '^ And be it further enacted, that in case any of the said commodities shall be landed, or put on shore in any of his majesty's said colonies or plantations in America, out of any thip or vessel, before due entry be made thereof, at the port or place where the same shall be imported, and before the duties by this act charged or chargeable thereupon, shall be duly paid, or without a warrant for the landing and delivering the same, tirst signed by the collector, or impost officer, or other proper officer or officers of the custom or excise, belonging to such port or place respectively, all such goods as shall be so landed or put on shore, or the value of the same, shall be forfeited ; and all and every such goods as shall be so landed or put on shore, contrary to the true intent and meaning of this act, shall, and may be seized by the governor or commander in chief, for the time being, of the colonies or plantations, where the same shall be so landed or put on shore, or any person or persons, by them authorized in that behalf, or by warrant of any Justice of the peace or other magis- trate, (which warrant such justice or magistrate is hereby empow- ered and required to give upon request) or by any custom house officer, impost, or excise officer, or any person or persons, him or them accompanying, aiding and assisting, and all and every such offence and forfeitures shall, and may be prosecuted for and recovered in any court of admiralty in his majesty''s colonies or plan- tations in America, (which court of admiralty is hereby authorized, impowered anU required to proceed to hear ,and finally determine the same) or in any court of record in the said colonies or plantations, where such offence is committed, at the election of the informer or prosecutor, according to the course and method used and practised there in prosecutions for offences against penal laws relating to cuS' toms or excise ; and such penalties and forfeitures so recovered there, shall be divided as follows, viz : one third part for the use of his majesty, his heirs and successors, to be applied for the sup- port of the government of the colony or plantation, where the same shall be recovered, one third part to the governor or com- ^0 It III 111 n ?• .t. 29S mmf mander in chief, of (he said colony or plantation, and the other third part to the informer or prosecutor, who shall sue for the same. '* Section five contains the penalties on persons assisting in such unlawful importation. Section 6th. " Fifty pound penalty on molesting an officer on his duty. Officer, if sued, may plead the general issue. Fifty pound penalty, on officer conniving at such fraudulent importation. Section 7th. " One hundred pound penalty, on master of ship, &c. permitting such importation. Section 8th. " The onus probandi in suits to lie on the owners. Section 12. "Charge of prosecution to be borne out of the king's part of seizures, forfeitures and penalties." George 2d. was represented and believed in America to be an honest, well meaning man ; and although he consented to this statute and others wiiich he thought sanctioned by his predeces- 90IS, especially king William, yet it was reported and understood, that he had uniformly resisted the importunities of ministers, gov* ernors, planters, and projectors, to induce him to extend the sys- tem of taxation and revenue in America, by saying, that " he did not understand the colonies ; he wished their prosperity. They appeared to be happy at pre^tut ; and he would not consent to any innovations ; the consequences of which he could not foresee." Solomon, in all his glory, could not have said a wiser thfng. If George 3d. had adopted this sentiment, what would now be the state of the world ? Who can tell ? or who cap conjecture ? The question now was concerning the designs of a new reign, and of a young prince. This young king had now adopted the whole system of his predecessors, Stuarts, Oranges, and Hano- verians, and determined to carry it into execution, right or wrong ; and that, by the most tyrannical instruments, that ever were in* vented ; writs of assistance. What hope remained for an Amer- ican, who knew, or imagined he knew, the character of the Eng- lish nation, and the character of the American people ? To bor row a French word, so many reminiscences rush upon me, that I know not which to select, and must return for the present to Mr. Otis. By what means this young inexperienced king was first tempted by his ministers, to enter with so much spirit into this sys- tem, may be hereafter explajned. Mr. Otis analyzed this statute, 6. George 3d. c. 13, with great accuracy. His calculations may be made by any modern mathe- matician who will take the pains. How much molasses, for exam- ple, was then subject to this tax ; suppose a million gallons, which is far less than the truth. Six pence a gallon was futi one half of the value of the article. It was sold at market for one shilling ; and I have known a cargo purchased at a pistareen. The duties on a million gallons, would then be twenty five thousand pounds sterling a year ; a fund amply sufficient, with the duties on sugars, kc. and mo|-e than sufficient, at that time, to pay all the salariefi of 293 T1 the other iue for the ing in such I officer on iue. Fifty nportation. ler of ship, he owners, out of the ca to be an ed to this i predeces- inderstood, isters, gov- ad the sys- at " he did ity. They isent to any ►t foresee." r thing. If now be the jcture ? new reign, dopted the and Hano- or wrong ; »r were in* r an Amer- )f the Eng- To bor me, that I sent to Mr. r was first ito this sys» all the governors upon the continent, and all judges of adnnralty too. Mr. King, formerly of Massachusetts, now of New-York, in a late, luminous and masterly speech, in senate, page 18, informs us, from sure sources, that ••' we import annually upwards of six million gallons of West India rum." The Lord have mercy on us ! •' More than half of which comes from the English colonies. We also import every year, nearly seven millions of gallons of molas- ses ; and as every gaMon of molasses yields, by distillation, a gal- lon of rum, the rum imported, added to that distilled from molas- ses, is probably equal to twelve millions of gallons, which enor- mous quantity is chiefly consumed, besides whiskey, by citizens of the United States." Again, 1 devoutly pray, the Lord have mercy on us ! But calculate the revenue, at this day, from this single act of George 2d. It would be sufficient to bribe any nation, less know- ing and less virtuous, than the people of America, to the voluntary surrender of all their liberties. Mr. Otis asserted this to be a revenue law ; a taxation law ; an imconstitutional law ; a law subversive of every end of society and government ; it was null and void. It was a violation of all the rights of nature, of the English constitution, and of all the charters and compacts with the colonies ; and if carried into exe- cution by T its of assistance, and courts of admiralty, would de- stroy all se 'irity of life, liberty, and property. Subjecting all these laws to ihe jurisdiction of judges of admiralty, poor depen> dent creatures ; to the forms and course of the civil law, without juries, or any of the open, noble examination of witnesses, or pub- licity of proceedings, of the common law, was capping the climax, it was clenching the nail of American slavery. Mr. Otis roundly asserted, that this statute, and the preceding statutes, never could be executed. The whole power of Great Britain would be ineffectual ; and by a bold figure, which will now be thought exaggeration, he declared, that if the king of Great Britain in person were encamped on Boston common, at the head of twenty thousand men, with all his navy on our coast, he would not be able to execute these, laws. They would be resisted or eluded. JOHN ADAMS. ' u with great em mathe- for exam- ons, which one half of le shilling ; The duties md pounds on sugars, salaries of TO THE HON. WM. TUDOH. Quincy, August 21, 1818. DEAR Sm, MR. OTIS quoted another author, "■ The political and com- mercial works of Charles D'Avenant, L.L. D. vol. 2. discourse 3. On the plantation trade." 1 cannot transcribe seventy six pages. 294 r*M If, .•> .' but wish that Americans of all classes would rend them. They arc in the same strain with Downing, Child, Gee, Ashley, Charles 2, James 2, William and Mary, William 3, Ann, George 2, and George 3 ; all conspiring to make the people of North America hewers of wood and drawers of water, to plantation governors, custom house ofBcers, judges of admiralty, common informers. West India planters, naval commanders, in the first place ; and, after all these worthy people should be amply supported, nour- ished, encouraged and pampered, if any thing more could be squeezed from the hard earnings of the farmers, the merchants, the tradesmen and labourers in America, it was to be drawn into the exchequer in England, to aggrandize the British navy^ Mr. Otis proceeded to another species of statutes, relative to our inter al policy, even our domestic manufactures and fireside comforts ; I might say, our homespun blankets and woollen sheets, so necessary to cover some of us, if not all of us, in our slumbers in the long nights of our frozen winters. I shall refer to these statutes as they occur, without any regard to order, and shall not pretend to transcribe any of them. '^ Furs of the plantations to be brought to Great Britain. 8 Geo. 1. c. 15. S3. 24." " Hats, not to be exported from one plantation to another. 5 Geo. 2. c. 22." " Hatters in America, not to have more than two apprentices. 5 Geo. 2. c. 22. ss. 7." " Slitting mills, steel furnaces, &c. not to be erected in the plan- tations. 23 Geo. 2. c. 29. ss. 9." '"'■ No wool, or woollen manufacture of the plantations shall be exported. 10 & 11 Wm. 3. c. 10. ss. 19." " Exporting wool, contrary to the regulations, forfeiture of the ship, &c. 1 2 Geo. 2. c. 2 1 . ss. 1 1 ." I cannot search for. any more of these mincing laws. Mr. Otis alternately laughed and raged against them all. He said one mem- ber of parliament had said, that a hobnail should not be manufac- tured in America ; and another had moved that Americans should he compelled by act of parliament, to send their horses to Eng- land to be shod. He believed, however, that this last was a man of sense, and meant, by this admirable irony, to cast a ridicule on the whole selfish, partial, arbitrary and contracted system of par- liamentary regulations in America. Another statute there is, and was quoted by Mr. Otis, by which wool was prohibited to be water-borne in America; in consequence of which, a fleece of wool could not be conveyed in a canoe acrosi a river or brook, without seizure and forfeiture. But 1 am wearied to death by digging in this mud ; with search- ing among this trash, chaff, rubbish of acts of parliament ; of that parliament which declared it had a right to legislate for us, as siovereign, absolute and supreme, in all cases whatsoever. But I deny that they ever had any right to legislate for us, in any ckse r ■ f :''k;:/ 295 . They Charles ge 2, and America overnors, nformers, ce ; and, ed, nour- could be lerchanls, rawD into elative to )d fireside en sheds, ' slumbers ? to these [ shall not in. 8 Geo. lother. 5 )prentices. n the plan- s shall be ure of the Mr. Otis one mem- manufac- ans should es to Eng- vas a man 'idicule on im of par- by which nsequence noe across th search- of that for us, as r. But I any c&se whatsoever. And on this point we ar<* and were at issue, before God and the world. These righteous judges have decided the question ; and it is melancholy that any Americans should still doubt the equity and wisdom of the decision. Such were the bowels of compassion, such the tender mercies of our pious, virtuous, our moral and religious mother country, to- wards her most dutiful and affectionate children ! Such they are still ; and such they will be, till the United States shall compel that country to respect this. To this end, poor and destitute as I am, I would ■ cheerfully contribute double my proportion of the expense of building and equipping thirty ships o{ the line, before the year 1820. Mr. Otis asserted all these acts to be null and void by the law of nature, by the English constitution, and by the American charters ; because America was not represented in parliament. He entered into the history of the charters. James the first and Charles the first, could not be supposed to have ever intended that parliament, more hated by them both than the pope or the French king, should share with them in the government of colonies and corpo- rations which they had instituted by their royal prerogatives — " Tom, Dick, and Harry were not to censure them and their coun cil." Pym, Hambden, sir Harry Vane and Oliver Cromwell did not surely wish to subject a country, which they sought as an asy- lum, to the arbitrary jurisdiction of a country from which they wished to fly. Charles the second had learned by dismal, doleful experience, that parliaments were not to be wholly despised. He, therefore, endeavoured to associate parliament with himself, iu his navigation act, and many others of his despotic projects, even in that of destroying, by his unlimited licentiousness and debauch- ery, the moral character of the nation. Charles the second court ed parliament as a mistress ; his successors embraced her as a wife, at least for the purpose of enslaving America. Mr. Otis roundly asserted this whole system of parliamentary regulations, and every act of parliament before quoted, to be ille- gal, unconstitutional, tyrannical, null and void. Nevertheless, with all my admiration of Mr. Otis, and enthusiasm for his character, I must acknowledge he was not always consistent in dr.i 1^ H P tit i' I. :i 296 TO THE HON. WM. TUDOR. QwtMcj/, Jlugust 31, 1818. J>KAIl SIR, 1 HAVE before mentioned the instructions of the city of Boa- ton to their representatives, in May 1764, printed in an appendix to Mr. Otis's " Rights of the colonies." In obedience to those in- structions, or at least in consequence of them Mr. Otis prepared a memorial to the house of representatives, which was by them vo- ted to be transmitted to Jasper Mauduit, Esq. agent for the prov- ince, only as a statement drawn up by one of the house, to be improved as he may judge proper." In this memorial Mr. Otis has preserved and immortalized his own arguments and authorities to prove the acts of trade null and void, which he had advanced and produced three yeare before in his oration against those acts and their formidable instrument, writs of assistance. Thi?! is a fortunate circumstance for me, be- cause it relieves me from the trouble of recollection, and the more l>ainful task of research in old books. " The public transactions", says Mr. Otis, " from William the first, to the revolution, may be considered as one continued strug- q^le, between the prince and the people, all tending to that happy establishment, which Great Britain has since enjoyed. " The absolute rights of Englishmen, as frequently declared in parliament, from Magna Charta, to this time, are the rights of per- gonal security, personal liberty and of private property. " The allegiance of British subjects being natural, perpetual and inseparable from their persons, let them be in what country they may ; their rights are also natural, inherent and perpetual. " By the laws of nature and of nations ; by the voice of univer- sal reason, and of God, when a nation takes possession of a desart, uncultivated, uninhabited country, or purchases of savages, as was the case with far the greatest part of the British settlements ; the colonists transplanting themselves and their posterity, though sep- arated from the principal establishment, or mother country, nat- >u-ally become part of the state with its ancient possessions, and ontitled to all the essential rights of the mother country. This is not only confirmed by the practice of the ancients, but by the mod- orns ever since the discovery of America. Frenchmen, Spaniards, and Portuguese are no greater slaves abroad than at home ; and hitherto Britons have been as free on one side of the Atlantic as on the other : an.d it is humbly hoped that his majesty and the par- liament will in their wisdom be graciously pleased to continue the colonies in this happy state." '* It is pnjsumed. that upon these principles, the colonists have been by their several charters declared natural subjects, and en- trusted with the power of making their own local laws, not re pugnant to the law?; of England, and with the power of taxing themselves," 9 1! 297 , 1818. ty of Bos- appendix ) those in- irepared a them vo- the prov- luse, to be •talized his le null and J before in nstrument, for me, be- id the- more ^^illiam the nuedstrug- that happy declared in ghts of per- 1, perpetual lat country perpetual, e of univer- of a desart, ages, as was iments ; the though sep- try, nat- tessions, and [ry. This is ]by themod- 1, Spaniards, , home ; and Ltlantic as on land the par- jontinue the )loni8ts have tcts, and en- flaws, not re rer of taxing " This legislative power is subject to the same charter to the king's negative as in Ireland. This effectually secures the depen- dence of the colonies on Great Britain. By the 13lh of George 2. ch. 9. even foreigners having lived seven yoars in any of the colonies are deemed natives on taking the oaths of allegiance, &c. and are declared by the said act to be his majesty's natural boru subjects of the kingdoms of Great Britain, to all intents, construc- tions and purposes, as if any of them had been born within the kingdom. The reasons given for this naturalization in the pre- amble of the act are, that the increase of the people is the means of advancing the wealth of any nation or country. And many for- eigners and strangers, from the lenity of our government, the pu- rity of our religion, the benefit of our laws, the advantages of our trade, and the security of our property, might be induced to come and settle in some of his majesty's colonies in America, if they were partakers of the advantages and privileges, which the native born subjects there enjoy. " The several acts of parliament and charters, declaratory of the rights and liberties of the colonies, are but in athrmance of the common law and law of nature in this point. There are, says my lord Coke, regularly three incidents to subjects born; 1. Pa- rents under the actual obedience of the king ; 2. That the place of his birth be within the king's dominions ; 3. The time of his birth to be chiefly considered. " For he cannot be a subject born of one kingdom, that was born under the allegiance of a king of another kingdom. See Calvin's case and the several acts and decisions on naturalization, from Ed- ward the third to this day. The common law is received and practised upon here and in the rest of the colonies ; and all an- cient and modern acts of parliament, that can be considered as part of or in amendment of the common law, together with such acts of pariiament, as expressly name the plantations, so that the pow- er of the British parliament is held sacred and as uncontroulable in the colonies, as in England. The question is not upon the gen- eral power or right of the parliament ; but whether it is not cir- cumscribed within some equitable and reasonable bounds ? It is hoped it will not be considered as a new doctrine, that even thfe authority of the parliament of Great Britain is circumscribed by certain bounds, v^hich, if exceeded, their acts become those of mere power v/ithoul right, and consequently void. The judges of England have declared in favour of these sentiments, when they expressly declare, that acts of parliament against natural equity are void. That acts against the fundamental principles of the British constitution are void. A very important question here presents itself. It essentially belongs to the society, both in rela- tion to the manner, in which it desires to be governed, and to the conduct of the citizens. This is called the legislative power.-~ The nation may entrust the exercise of it to the prince or to an assembly ; or to an assembly and the prince jointly ; who have ■^)^ 4 .'i' 29« Ik P'V^ m ■m ^i then a rip^ht of inakinpf new nnd abroirating old laws. It is hero (hMnanded whether, if their power extends so far, as to the funda- mental laws, they may chatij^e the constitution of the state ? The principles we have laid down lead us to decide this point with cer- tainty, that the authority of these legfislators does not extend so far, and that they out^ht to consider the fundamental laws as sacred, if the nation has not in very express terms given them the power to change them. For the constitution of the state ought to he fixed ; and since that was first established by the nation, which afterwards trusted certain persons with the legislative powei, the fimdamen- tal laws are excepted from their commission. It appears that the society had only resolved to make provision for the state's being always furnished with laws, suited to particular conjunctures, and gave the legislature fjr that purpose, the power of abrogating the ancient civil and political laws, that were not fundamental, and of making new ones. But nothing leads us to think that it was wil- ling to submit the constitution itself to their pleasure. "• When a nation takes possession of a distant country and settles a colony there, that country though separated from the principle establishment or motiier country, naturally becomes a part of the stale equally with its ancient possessions. Whenever the political laws or treaties make no distinction between them every thing said of the territory of a nation ought also to extend to its colo- nies. An act of parliament made against natural equity, as to make a man judge in his own cause, would be void, Hob. 87. Trin. 12. .lac. Day v. Savage, S. C. & P. cited Arg. 10. Mod. 115. Hill 11. Ann C. B. in case of Thornby & Fleetwood, " but says that this must be a clear case, and judges will strain hard rather than inter- pret an act void, ab initio.''^ This is granted, but still their author- ity is not boundless, if subject to the controul of the judges in any case. Holt, chief justice, thenght what lord Coke says in Dr. Bonham's case a very reasonable and true saying, that if an act of parliament should ordain the same person both party and judge, in his own case, it would be a void act of parliament, and an act of parliament can do no wrong, though it may do several things that look pretty odd ; for it may discharge one from the allegiance he lives under, and restore to the state of nature, but it cannot make one that lives under a government both party and judge, per Holt C. J. 12 Mod. 687. 688. Hill 13. W. 3. B. R. in the case of the city of London v. Wood. It appears in our books, that in several cases, the common law should controul acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant and impossible to be performed, the common law shall controul it, and adjudge it to be void, and therefore, 8 E. 3., 30. Thomas Tregor's case upon the statute of W. 2. cap. 38. and Art. Chart. 9. Herle said that sometimes statutes are made contrary to law and right, which the maker of them jtercoiving will not put them into execu- tion. This doctrine is agreeable to the law of nature and nations, It is heTP he fiinda- ite? The I with cer- end 90 far, 1 sacred, il e power to n be fixed ; afterwards fiindamen- irs that the atc's being ctures, and ogating the ital, anmas Tregor's art. 9. Herle aw and right, jm into execu- e and nation* ^ 299 and to the divine dictates of natural and revealed religion. It ii contrary to reason that the supreme power should have a right to alter the constitution. This would imply that thns(3 who are in- trusted with sovereignty by the |>eople, have a right to do as they please. In other words, that those, who arc invented with power to protect the people and su|)port their rights and liberties, have a right to make slaves of them. This is not very remote from a tlat contradiction. Should the parliament of Clreat Britain follow the example of some other foreign otates, Sweden, Denmark, France, &c,. and vote thci king absolute and despotic ; would such an act of parliament make him so ? Would any minister in his sen- ses advise a prince to accept of such an ofl'er of power ? It would be unsafe to accept of such a donation because the parliament or donors would grant more \ an it »vas in their power lawfully to give, the law of nature never invested them with a power of sur- rendering their ov>n liberty, and the people certainly never intrus- ted any body of men with a power to surrender theirs in exchange for slavery. But if the whole state be conquered if the nation be subdued, in what manner can a victor treat it without transgressing the bounds of justice ? What are his rights over the conquest ? Some have dared to advance this monstrous principle, that the con- queror is absolute master over this conquest, that he may dispose oi it as his property, treat it as he pleases, according to the com- mon expression of treating a state as a conquered country, and hence they derive one of the sources of despotic government. — But enough of those that reduce men to the state of transferable goods, or use them like beasts of burden, who deliver them up as the property or patrimony of another man. Let us argue upon principles countenanced by reason, and becoming humanity. The whole right of the conqueror proceeds from the just defence of himself, which contains the support and prosecution of his rights. Thus when he has totally subdued a nation with whom he had been at war, he may without dispute cause justice to be done him, with regard to what gave rise to the war, and require payment for the expense and damage he has sustained ; he may, according to the exigency of the place, impose penalties on it as an example ; he may, should prudence so dictate, disable it from undertaking any pernicious design for the future. But in securing all these views the mildest means are to be preferred. We are always to remember, that the law of nature permits no injury to be done to an enemy, unless in taking measures necessary for a just defence and a reasonable security. Some princes have only imposed a tribute on it ; others have been satisfied in stripping it of some of its privileges, dismembering it of a province, or keeping it in awe by fortresses ; others, as their quarrel was only with the sovereign in person, have left a nation in the full enjoyment of its rights, on- ly setting a sovereign over it. But if the conqueror thinks prop- er to retain the sovereignty of the vanquished state, and has such a right ; the manner in which he is to treat the state still flows ii [i 5) •ii 300 N % ! I i I'' I from the same principlog. If the sovereign be only the just object of his complaint, reason declares, that by his conquest he acquires only such rights ns actually belonged to the dethroned sovereign ; and on the submission of his people he is to govern it according to the laws of the state. If the people do not voluntarily submit, the slate of war subsists. When a sovereign, as pretending to have the absolute disposal of a people whom he has conquered, is for enslaving them, he causes the state of war to subsist between this people and him. M. De Vattel, B. 3. c. 10. sec. 201. " It is now near three hundred years since the continent of North America was first discovered, and that by British subjects ; the Cubois discovered the continent before the Spaniards. Ten gen- erations have passed away, through infinite toils and bloody con- flicts, in settling ihis country. None of those ever dreamed, but that they were entitled at least to eqtial privileges with those of the same rank born within the realm. " British America has been hitherto distinguished from the slavish colonies round about it, as the fortunate Britons have been from most of their neighbours on the continent of Europe. It is for the interest of Great-Britain that her Colonies be ever thus dis- tinguished. Every man must wilfully blind himself that does not see the immense value of our acquisitions in the late war ; and that though we did not retain all ;it the conclusion of peace, that we obtained by the sword, yet our gracious sovereign, at the same time that he has given a divine lesson of equitable moderation to the princes of the earth, has retained sufficient to make the British arms the dread of the universe, and his name dear to all posteriy. " To the freedom of the British constitution, and to their increase of commerce, it is owing, that our colonies have flourished with- out diminishing the inhabitants of our mother country, quite con- trary to the effects of plantations, made by most other nations which have suffered at home, in order to aggrj^ndize themselves abroad. This is remarkably the case of Spain. The subjects of a free and happy constitution of government, have a thousand ad- vantages to colonize above those who live under despotic prince^. " We see how the British colonies on the continent have out- grown those of the French ; notwithstanding, they have ever engaged the savages to keep us back. Their advantages over us in the West Indies, are, 1st. A capital neglect in former reigns, in suffering them to have a firm possession of so many valuable isl- ands, thsit we had a better title to than they. 2. The French, una- ble to push their settlements effectually on the continent, have bent their views to islands, and poured vast numbers into them. 3. The climate and business of these islands is by nature much better adapted to Frenchmen and to Negroes, than to Britons. 4. The labour of slaves, black or white, will be ever cheaper than that of freemen, because that of individuals among the former, will never be worth so much as with the latter; but this difference is jnore than supplied, by numbers under the advantages above men- 301 ! just object he acquires sovereign ; iccording to submit, the ing to have erecl, is for et\veen this ent of North ibjects ; the Ten gen- bloody con- reamed, but ith those of m the slavish been from c. It is for ver thus diS' If that does ite war; and peace, that , at the same lodoration to ce the British ( all posteriy. heir increase urished with- :y, quite con- olher nations ;e themselves lie subjects of thousand ad- potic prince^- ent have out- y have ever itages over us ner reigns, in f valuable isl- i French, una- ent, have bent lem. 3. The ! much better Lons. 4. The aper than that e former, will is difference is ;es above men- tioned. The French will ever be able to soil their West India produce cheaper, than our own islnndrrn ; and yet, while our own iiilanders can have such a price for theirs, as to grow much richer than the French, or any other of the king's subjects in America, as is the case ; and what the northern colonies take from the French, and other foreign islands, centers linally in return to Great Britain for her manufactures, to an immense value, and with tt vast profit to her. It is contrary to the lirst principles of policy to cloy such a trade with duties; much more to proliibit it, to the risque, if not certain destruction of the fishery. " It is allowed by the most accurate British writers on commerce, Mr. Postlethwait in particular, who seems to favour the cauj-e of the sugar islands, that one half of the immense commerce of Great Britain is with her colonies. It is very certain, that without the fishery, seven eighths of this commerce would cease. The fish- ery is the centre of motion, upon which the wheel of all the Brit- ish commerce in America turns. Without the American trade, would Britain, as a commercial state, make any great figure i-t this day in Europe ? " Her trade in woollen and other manufactures is said to be less- ening, in all parts of the world, bui America, where it is increaii- ing, and capable of infinite increase, iVorn a concurrence of every circumstance in its favour. Here is an oxiensive tenitory ol dif- ferent climates, which, in time, will consume, and he able to pay for as much manufactures as Great Britain and Ireland can make, if true maxims are pursued. The French, for reasons already mentioned, can underwork, and consequently undersell the English manufactures of Great Britain, in every market in Europe. But they can send none of their manufactures here ; and ii is the wish of every honest British American, that they never may ; it is best they never should. We can do better without the manufactures of Europe, save those of Great Britain, than with them. But without the West India produce we cannot ; without it our fish- ery must infallibly be ruined. When that is gone, our own isl- ands will very poorly subsist. No British manufactures can be paid for by the colonists. What will follow ? One of these two things, both of which it is the interest of Great liritain to prevent 1st. The northern colonists must be content to go naked, and turn savages. Or 2d. become uianuAicturers of linnens and woollens, to clothe themselves ; which, if they cannot carry to the perfec- tion of Europe, will be very destructive to the interests of Great Britain. The computation has been made, and that within bounds j and it can be demonstrated, that if North Atnerica is only driven to the fatal necessity of manufacturing a suit of the most ordinary linnen or woollen, for each inhabitant, annually, which may be soon done, when necessity, ihe mother of invention shall operate, Great Britain and Ireland will lose two millions per annum, besides a diminution of the revenue to nearly the same amount. This may appear paradoxical ; but a few years experience of the exo- .i:. 302 ( tition o( Wu^ 8ugnr uct, will siilTicicntly convince the itiirliiimcnt, nul only ot'tlx; inntility, but deslructivc tendency of it, while cal- culations iniiy be little tittended to. That the trade with the colo- nier examples will be followed, and that common sense in common language will, in time, become fashion- able. But the hope must be faint as long as clerks are paid by the line and the number of syllables in a line. Some passages of these charters must however, be quoted ; and 1 will endeavour to strip them as well as I can, of their useless words. They are recited in the charter of king Willi;\m and queen Mary, dated the seventh day of October, in the third year r>f their reign, i. e. in 1691. " Whereas king James the first, in the 18th year of his reign, did grant to the council at Plymouth, for the planting and govern- 303 his con* upposed tionably )ntinent. iters arc tter than Qntinent, gracious lat when )nies are portance me, that iting the iiilt upon y princi- lude the )pe your so long e subject 1 as your )AMS. 1818. Otis fre- ide them se. And immense ere com- ions, and have at- success. and that ! fashiou- paid by ted; and ir useless V.xm and lird ye.ir lis reign, govern- ing New England, all that part of Amorica, from the 40th to the 48th degree of latitude, and from sea to sea, together with all sands, waters, fishings, and all and singular other commodities^ jurisdictions, royalties, privileges, franchises and pre-eminences, both within the said tract of land upon the main^ and also within the islands and seas adjoining : to have and hold, all, unto the said council, their heirs and successors and assigns forever : to be hoi* den of his said majesty as of his manor of East Greenwich, in free and common socage, and not in capite, or by knights' service. — ^ Yielding to the king a tifth part of the ore of gold and silver. For and in respect of all and all manner of duties^ demands and services 'whatsoever.''^ But I cannot pursue to the end this infinite series of words.— - You must read the charter again. For although you and I have read it fifty times, I believe you will find it, as I do, much stronger in favour of Mr. Otis's argument than I expected or you will expect. I doubt whether you will take the pains to read it again ; but your son will, and to him I recommend it. The council of Plymouth, on the 10th of March, in the 3d year of the reign of Charles the first, granted to sir Henry lloswell and others, pai't of New England by certain boundaries, with all the prerogatives and privileges. King Charles the first, on the 4th of March, in the fourth year of his reign confirmed to sir Henry Roswell and others, all those lands before granted to them by the council of Plymouth. King Charles the first, created sir Henry Roswell and others, a body corporate and politick. And said body politick, did settle a coio- ny which became very populous. In 1684, in the 36th year of king William and queen Mary's dearest uncle, Charles the second, a judgment was given in the court of chancery, that the letters pater.t of Charles the first, should be cancelled, vacated and annihilated. The agents petitioned to be re-incorporated ; I can easily con- ceive their perplexity, their timidity, their uncertainty, their choice of difiiculties, their necessary preference of the least of a multitude of evils : for I have felt them all, as keenly us they did. William and Mary unite Massachusetts, New Plymouth, the Province of Maine and Nova Scotia, into one province, to be hol- den in fee of the manor of East Greenwich, paying one fifth of gold and silver ore. Liberty of conscience to be granted to all Christians, except pa- pists. Good God ! A grant from a king of liberty of conscience ' Is it not a grant of the King of Kings, which no puppet or royalist upon earth can give or take away ? The general court impo^vered to erect judicatories and courts of record. The general court inipowered to make laws, " not re- pugnant to the laws of Ehgland.^^ Here was an unfathomable gulf of controversy* The grant itself, of liberty oj co7isciencey was repugnant to the laws of England Everv thing was repugnant to 39 f n 306 (he laws of Engbnd. The whole system of colonization was be- yond the limits of the laws of England, and beyond the jurisdiction of their national legislature. The general court is authorized to impose fines, &c. and taxes. But the fell paragraph of all, is the proviso in these words : — " Provided always, and it is hereby declared that nothing herein shall extend or be taken to erect or grant, or allow the exercise of any admiralty court jurisdiction, power, or authority, but that the same shall be, and is hereby reserved to us and our successors, and shall from time to time, be erected, granted and exercised by Ttrtue of commissions to be issued under the great seal of England, or under the seal of the high adiniral, or the commissioners for executing the oflllce of high admiral of England." The history of this court of admiralty would require volumes. Where are its records and its files ? Its libels and answers ? Its in- terrogatories and cross interrogatories ? All hurried away to Eng- land, as I suppose never to be seen again in America, nor proba- bly to be inspected in Europe. The records and files of the court of probate in Boston were transported to Halifax. Judge Foster Hutchinson had the honour to return them after the peace of 1783. But admiralty record? have never been restored as I have heard. The subject may be pursued hereafter by your servant, JOHN ADAMS. : ( \: I 1 tfid L TO THE HON. \VM. TODOR. Qwincj/, September 13, 1818. OEAR SIR, IT is some consolation to find in the paragraph of the charter, next following the court of admiralty, that nothing in it " shall in any manner enure, or be taken to abridge,* bar, or hinder any of our loving subjects whatsoever, to use and exercise the trade of fishing upon the coasts of New England, but that they and every of them shall have full and free power and liberty to continue and use their said tiade of fishing upon the said coast, in any of the seas thereunto adjoining, or any arms of the said seas, or salt water rivers, where they have been wont to fish ; and to build and sett, upon the lands within our said province or colony, lying waste, and not then possessed by particular proprietors, such wharfs, sta- ges, and work-houses, as shall be necessary for the salting, drying, keeping and packing of their fish, to be taken and gotten upon thitl coast ; and to cut down and take such trees and other mate- rials there growing or being upon any parts or places lying' waste, and not then in possession of particular proprietors, as shall be needful for that purpose, and for ail other necessary easments, helps and advantages, concerning the trade of fishing there, in such manner and form, as they have been heretofore at any time 307 was be- risdiction orized to nrords : — ig herein exercise , but that iccessors, rcised by England, ioners for volumes. •s ? Its in- ly to Eng- or proba- 3ton were le honour Y records DAMS. 1 818. ! charter, " shall in er any of trade of nd every tinne and f the seas ;ilt water and sett, Dg waste, larfs, sta- 5 drying, ten upon ler mate- ng waste, shall be easments, there, in any time accustomed to do, without making any willful waste or spoil, any thing in these presents to the contrary notwithstanding." Fellow citizens ! Recollect that " This our province or colony" contained the whole of Nova Scotia as well as *he " Province of Maine, Massachusetts bay and New Plymouth." Will you ever surrender one particle, one iota of this sacred charter right, and still more sacred right of nature, purchase, acquisition, possession, usage, habit and conquest 1 Let the thunder of British cannon say what it will, I know you will not. I know you cannot. And if you could be base enough to surrender it, which I know you can- not and never will be, your sons will reclaim it, and redemand it, at the price of whatever blood or treasure it may cost, and will obtain it, secure it, and command it, forever. This pretended, grant is but an acknowledgment of your antecedent right b^ na- ture, and by English liberty. You have no power or authority to alienate it. It was gi anted, or rather acknowledged to your suc- cessors and posterity as well as to you, and any cessions you could make would be null and void in the sight of God and all reasonable men. Mr. Otis descanted largely on these charters. His observations carried irresistible conviction to the minds and hearts of many others as well as to mine, that every one of those statutes from the navigation act, to the last act of trade, was a violation of all the charters and compacts between the two countries, was a funda- mental invasion of our essential rights, aiid was consequently null and void ; that the legislatures of the colonies, and especially of Massachusetts, had the sole and exclusive authority of legislation and especially of taxation in Ametica. The indecision and inconsistency which appear in some of Mr. Otis^s subsequent writings is greatly to be regretted and lamented. They resemble those of colonel Bland, as represented by Mr. Wirt I wish I had Col. Blands's pamphlet, that I might compare it with some of Mr. Otis's. I have too many daily proofs of the infirmity of my memory to pretend to recollect Mr. Otis's reasoning in detail. If, indeed, I had a general recollection of any of his positions, I could not ex- press them in that close, concise, nervous and energetic language, which was peculiar to him, and which I never possessed. I must leave you, sir, to make your own observations and re- flections upon these charters. But you may indulge me in throw- ing out a few hints, rather as queries or topicks of speculation, than as positive opinions. And here, though 1 see a wide field, I must make it narrow. 1. Mr. Bollan was a kind of learned man, and of indefatigable research, and a faithful friend to America ; though he lost all his influence when his father-in-law governor and general Shirley went out of circulation. This Mr. Bollan, printed a book very early on the ^' rights of the colonies." 1 scarcely ever knew a book so deeply despised. The English reviews would not allow it to be the production of a rational creature. In America itself I'' i! 3oa it was held in no esteem. Otis himself, expressed in the house of rapresentatives, in a public speech, his contempt of it in these words : " Mr. Bollan^s book is the strangest thing I ever read ; under the title of ' Rights of Colonies,' he has employed one third of his work to prove that the world is round ; and another, that it turns round ; and the last, that the pope was a devil for pretending to give it to whom he pleased." AH this I regretted. I wished that Bollan had not only been permitted, but encouraged to proceed. There was no doubt he would have produced much in illustration of the ecclesiastical and political superstition and despotism of the ages when colonization commenced and proceeded. But Bollan was discouraged and ceased from his labours. What is the idea, Mr. Tudor, of British allegiance ? And of Eu- ropean allegiance ? Can you, or rather will you analize it ? At present, I have demands upon me, w Jich compel me to close ab- ruptly, with the usual regard of your friend, JOHN ADAMS. TO THE HON. WM. TUDOR. II ^uincy^ Septemler 18, 1818. DEAR SIK, THE English doctrine of allegiance is so mysterious, fabulous and enigmatical, that it is difficult to decompose the elements of which it is compounded. The priests, under the Hebrew econ- omy, especially the sovereign pontiffs, were anointed with conse- crated oil, which was poured upon their heads in such profusion, tbat it ran down their beards, and they were thence called " the Lord's anointed." When kings were peroiitted to be introduced, they were anointed in the same manner by the sovereign pon- tiff ; and they too were called " the Lord's anointed." When the pontiiTs of Rome assumed the customs, pomps and cere- monies of the Jewish priesthood, they assumed the power of consecrating things, by the same ceremony of " holy oil." The pope, who, as vicar of God, possessed the whole globe of earth in supreme dominion and absolute property, possessed also the power of sending the holy ghost wherever \\e pleased. To France it pleased his holiness to send him in a phial of oil ; to Rheiras in the beak of a dove. I have not heard, that my my friend, Louis 18th. has been consecrated at Rheims by the pouring on of this holy oil ; but his worthy elder brother, Louis 16th. was so consecrated at a vast expense of treasure and ridicule. How the holy bottle was conveyed to England, is worth inquiry. But there it is, and is used at every coronation ; and is demurely, if not devoutly shewn to every traveller who visits the tower. These ideas were once as firmly established in England, as they were in Rome ; and no small quantity of the relich of them remain to this day. Hence the doctrines of the divine right of kings, and 309 louse of in these ? read ; ne third -, that it ^tending ly been loubt he tical and >nization iged and id of Eu- eit? At close ab- lAMS. 1818. fabulous ments of ew econ- ith conse- rofusion, led " the roduced, ign pon- When nd cere- )ower of ," The of earth also the ed. lof that To oil; my s by the er, Louis ridicule. inquiry, emu rely, e tower. as they n remain ings, and the duties in subjects of unlimited submission, passive obcdienbe and non-resistance, on pain (Oh, how can I write it) ot eternal dam- nation. These doctrines have been openly and boldly asserted and defended, since my memory, in the town of Boston, and in the to»vn of Quincy, by persons of no small consideration in the world. >irhom 1 could name, but I will not, because their posterity are much softened from this severity. This indelible character of sovereij^nty i" kings, and obedience in subjects, still remains. The ris^hts and duties are inherent, un- alienable, indefeasible, indestructible and immortal. Hence ihe right of a lieutenant or midshipman of a British man of war, to search all American ships, impress every seaman his judgeship shall decree by law, and in fact to bo a subject of his king, and compel him to tight, though it may be ngainst his father, brother or son. My countrymen ! will you submit to these miscrablf remnants of priestcraft and despotism ? There is no principle of law or government, that has been more deliberately or more solemnly adjudged in Great Britain, than that allegiance is not due to the king in his otficial capacity or political capacity, but merely to his personal capacity. Allegiance to parliament is no where fonnd in English, Scottish or British laws. What, then, had our ancestors to do \vith parliament? Nothing more than with the .Tewish Sanhedrim, or Napoleon's literary and scientific Institute at Grand Cairo. They owed no allegiance to parliament as a whole, or in part. None to the house of lords, as a branch of the legislature, nor to any individ- ual peer or number of individuals. None to the house of com- mons, as another branch, nor to any individual commoner or group of commoners. They owed no allegiance to the nation, any mop- than the nation owed to thcm|||^nd they had as good and clear a right to make laws for England, as the people of England had to make laws for them. What right, then, had king James 1st. to the sovereignty, do- minion, or property of North America ? No more than king George 3d. has to the Georgium Sidus, because Mr. HerscheJI discovered that planet in his reign. His only colour, pretension or pretext is this. The pope, as head of the church, was sove- reign of the world. Henry 8th. deposed him, became head ol the church in England ; and consequently became sovereign mas- ter and proprietor of as much of the gbbe as he could grasp. A group of his nobles hungered for immense landed estates in Amer- ica, and obtained from his quasi holiness a large tract. But it was useless and unprofitable to them. They must have planters and settlers. The sincere and conscientious protestants had been driven from England into Holland, Germany, Switzerland, &c. by the terrors of stocks, pillories, croppings, scourges, imprisonments, roastings and burnings, under Henry 8th. Elizabeth, Mary, James 1st. and Charles 1st. The noblemen and gentlemen of the council of Plymouth wanted settlers for their lands in America, and setou foot a negotiation with the persecuted fugitive religionists abroad, I J I 310 promised them liberty of conecience, exemption from all jurisdic- tion, ecclesiasticiil, civil and political, except allegiance to the king, and the tribute, moderate surely, of one fifth of gold and silver ore. This charter was procured by the council at Plymouth, and displayed off as a lure to the persecuted, fugitive Englishmen abroad ; and they were completely taken into the snare, as Charles 2d. convinced them in the first year of his actual, and the twelfth of his imaginary reign. Sir Josiah Child, enemy as he was, has stated, in the paragraphs quoted from him in a former letter fairly and candidly the substance of these facts. Our ancestors had been so long abroad, that they had acquired comfortable establishments, especially in Holland, that singular region of toleration, that glorious asylum for persecuted Hugunots and Puritans ; that country where priests have been enternally worrying one another ; and alternately teazing the government to persecute their antagonists, but where enlightened statesmen have constantly and intrepidly resisted their wild fanaticism. The first charter, the charter of James 1st. is more like a treaty between independent sovereigns, than like a charter of grant of privileges from a sovereign to his subjects. Our ancestors were tempted by the prospect and promise of a government of their own, independent in religion, government, commerce, manufac- tures, and every thing else, excepting one or two articles of tri- fling importance. Independence of English church and state, was the fundamental principle of the first colonization, has been its general principle for two hundred years, and now I hope is past dispute. Who then was the author, inventor, discoverer of independence ? The only true answer must be the first emigrants ; and the proof of it is the charier of James 1st. jJIVhen we say, that Otis, Adams, Mayhew, Henry, Lee, Jefferson, aic. were authors of indepen- dence, we ought to say they were only awakeners and revivers of the original fundamental principle of colonization. I hope soon to relieve you from the trouble of this tedious cor- respondence with your humble servant, JOHN ADAMS. TO THE HON. WM. TUDOR. Qttincy, September 523, 1818. BEAK SIR, * IF, in our search of principles, we have not been able to in- vestigate any moral, philosophical or rational foundation for any claim of dominion or property in America, in the English nation, their parliament or even of their king ; if the whole appears a mere usurpation of fiction, fancy and superstition ; what was the right to dominion or property in the native Indians ? Shall we say, that a few handfuUs of scattering tribes of savages have a right to dominion and property over a quarter of the globe. »« 311 iirisdic- to the )ld and mouth, lishmen Charles twelfth was, has ;r fairly icquired singular [ugunots iternally ernment ;atesinen im. ! a treaty ' grant of ors were of their manufac- les of tri- damontal principle endence ? the proof , Adams, indepen- vivers of dious cor- DAMS. 1818. able to iQ- 3n for any sh nation, appears a at was the of savages the globe, capable of nourishing hundreds of happy human beings ? Win had not Europeans a right to come and hunt and fish with them ? The Indians had a right to life, liberty and property in common with all men ; but what right to dominion or property beyond these '? Every Indian had a right to his wigwam, his armour, his utensils ; when he had burned the woods about him, and planted his corn and beans, his squashes and pompions, all these were his undoubt- ed right: but will you infer from this, that he had right of exclu- sive dominion and property, over immense regions of uncultivated wilderness, that he never saw, that he might have the exclusive privilege of hunting and fishing in them, which he himself never expected or hoped to enjoy ? These reflections appear to have occurred to our ancestors ; end their general conduct was regulated by them. They do not seem to have had any confidence in their charter, as conveyina, any right, except against the king, who signed it. They consid- ered the right to be in the native Indians. And in truth all the right there was in the case, lay there. They accordingly respect- ed the Indian wigwams and poor plantations ; their clambanks and musclebanks and oysterbanks, and all their property. Property in land, antecedent to civil society, or the social com- pact, seems to have been confined to actual possession and power of commanding it. It is the creature of convention ; of social laws and artificial order. Our ancestors, however, did not amuse themselves, nor puzzle themselves with these refinements. Ther considered the Indians as having rights ; and they entered into ne- gfotiations with them, purchased and paid for their rights and claims, whatever they were, and procured deeds, grants, and quit claims of all their lands, leaving them their habitations, arms, utensils, fishings, huntings and plantations. There is scarcely a litigation at law concerning a title to land, that may not be traced to an Indian deed. 1 have in my possession, somewhere, a parch- ment copy of a deed of Massasoit of the township of Braintree, incorporated by the legislature in one thousand six hundred and thirty nine. And this was the general practice thro oijh the coun- try, and has been to this day through the continent. In short, I see not how the Indians could have been treated with more equity or humanity, than they have been in general in North America The histories of Indian wars have not been suffiiMently regarded When Mr. Hutchinson's history of Massachusetts bay first n|)- peared, one of the most common criticisms upon it, was the sliglil, cold and unfeeling manner in which he p.issed over the Indian wars. I have heard gentlemen the best informed in the history of the country, say, " he had no sympathy for the suffering- of his ancestors," "otherwise he could not have winked out of sight, one of the most important, most affecting, afflicting and distressing branches of the history of his country." There is somewhere in existence, as I hope and believe, a man- uscript history of Indian wars, written by the Rev. Samuel Niles of Brakitree. Almost sixty years ago, I was an humble acquaintance __ _J 312 of this venerable clergfyman, then, as 1 beheve more than four iicore years of ii<;e. IJe askci] me many questions, and informed me, in his oM'n house, that he was endeavouring to recollect and commit to writing an history of Indian wars, in his own time, and before it, as (,iv as he could collect information. This history he completed and prepared for the press : but no printer would un- dertake it, or venture to propose a subscription for its publication. Since my return from Europe, I enquired of his oldest son, the lion. Samuel Niles of Braintree, on a visit he made me at my own house, what was become of that manuscript ? He laughed, and said it was still safe in the till of a certain trunk ; but no encour- agement had ever appeared for its publication. Ye liberal chris- tians ! Laugh noi at me, nor frown upon me, for thus reviving the memory of your once formidable enemy. I was then no ihore of ;i disciple o^ his theological science than ye are now. But I then revered and still revere the honest, virtuous and pious man. Fas at ct ab hoste doCeri. And his memorial of facts might be of great value to this country. What infinite pains liave been taken and expenses incurred in treaties, presents, stipulated aumsof money, instruments of agricul- ture, education ? What dangerous and unwearied labours to con- vert the poor ignorant savages to Christianity ? And alas! with how little success? The Indians are as bigotted to their religion as the Mahometans are to their Koran, the Hindoos to their Shaster, the Chinese to Confucius, the Romans to their Saints and Angels, or the Jews to Moses and the Prophets. It is a principle of reli- gion, at bottom, which inspires the Indians with such an invincible aversion both to civilization and Christianity. The same principle has excited their perpetual hostilities against the colonists and the independent Americans. If the EInglish nation, their parliaments and all their kings have appeared to be totally ignorant of all these things, or at least to have vouchsafed no consideration upon them ; if we, good patri- otic Americans have forgotten them, Mr. Otis had not. He enlar- ged on the merit of our ancestors in undertaking so perilous, ar- duous, and almost desperate an enterprize, in disforresting bare creation ; in conciliating and necessarily contending with Indian natives ; in purchasing rather than conquering a quarter of the globe at their own expense, at the sweat of their own brows ; at the hazard and sacrifice of their own lives ; without the smallest aid, assistance or comfort from the government of England, or from England itself as a nation. On the contrary, constant jeal- ousy, envy, intrigue against their charter, their religion and all their privileges. Laud, the pious tyrant dreaded them, as he fore- saw they would overthrow his religion. Mr. Otis reproached the nation, parliaments and kings with in- justice, ungenerosity, ingratitude, cruelty and perfidy in all their conduct towards this country, in a style of oratory that I never hoard equalled in this or any other country. JOHN ADAMS. ,■•4- f> than lour informed )llect and time, and listory he vould un- blication. ; son, the it my own hed, and o encour- sral chris- riving the rhore of iut I then lan. Fas e of great icurred in ofagricul- irg to con- ilas! with religion as ir Shaster, id Angels, lie of reli- invincible B principle 3ts and the kings have at least to ;ood patri- He enlar> erilous, ar- jsting bare trith Indian *ter of the brows ; at \\e smallest ngland, or stant jeal- ion and all as he fore- igs with in' in all their at I never ADAMS.