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(J a, rs: O R A SERIES of LETTERS, COMtAtWlNG A FAITHFUL STATE OF MANY IMPORTANT AND STRIKING FACTS, WHICH LAID THE FOUNDATION OF THE PRESENT TROUBLES I N t H B Province of the Majfachufetts^Bay \ lNTERSi»ERSEii Wlttt ANIMADVERSIONS and REFLEGTiONSj ORiCtNAtLlr Addrcffed to the PEOPLi; of that Province, and Worthy the Confideration of the true Pathiots of this Country. ij By a Person of ttonor upon the Spot. Falfus Honor juvatf ^ iHendax tnfamta ierreli ^etUt nifi mendofum ^ mendacem ? Fir bonut eji quis ? i^i CoKjhlta Patruntt qui Legei Juraque/ervat. HaR. Ep. xvii — -I--— ^- " • The SECOND EDITION. BOSTON printed: London «print,e4 for J. Mathews, No. i?, in the Btratid, MDCCLXXVI. • \ > ^ ■t t. ^ f.. u .. V 1 < i PREFACE. THIS excellent pamphlet was publiflied in a feries of letters, which firfl appeared in one of the weekly news-papers at Bofton, and afterwards in the form of a pamphlet, entitled Massachusettensis, in the courfc of the laft winter. It has been thought, that a republication of a detail and difcuffion of fads and circumflances^ v/hich were unanfwerable upon the fpot, might at lead lilence the clamors of thofe people at hom^^ who, without proper evidence or information, but with an excefs of terror for our public liberties* have perfuaded themfelves, that the caufe of Ame- rica and true patriotifm is one and the fame, and that, therefore, the conftitution of this country muft at all events fubiuit to the ruinous prctenfions of her colonies. To enlarge upon the merits of the piece itfelf, either refpeding the intimate knowledge it contains of the fubjcdl, or the force* acumen and jufticeof the author's rcafonings (what- ever room the editor may fuppofe there is for en- comiums), is purpofely omitted, in deference to the public, who will undoubtedly render the ap- probation it may be found to defer ve. It is necef- mm vi PREFACE. 1 fary, and only nccefTary, to fay, that thefe letters were written by a gentleman of honor, rank and learning, who faw what he dcfcribes, and who kpows the truth of what he avers. The refledlions, which he has made (and refledtions, juftly made^ conftitute, as M. Ro//m obferves, '* the very foul ** of hiftory"), are natural and folid dedu6lions from the ftate of things under his own obfervation» They need only a candid and impartial perufal to be both admitted and admired j though, to the dif- grace of human nature, it muft be owned, in the words of a very ingenious writer, that weak is thi effeB of eloquence (and, I may add, even of reafon and truth itfelf ) on the prcedetenrtinat ions ofparty^. In a word, his fadls and arguments not only feem inconteftable ; but there appears, throughout the whole, that fpirit of philanthropy ind concern for the welfare of his mifguided countrymen, which recommends the author as much to the heart, as his good fenfe does his book to the underftanding. The reader, however, ought to be Apprized of the author's meaning in the ufc of the words Whig ' and Tory, which frequently occur in the letters. Thefe terms have very different iignifications iii Old and New England. In America, the word . Tory now implies a friend to the fupremacy of the ' Britijh confiltution over all the empire ; and the word Wh \g^ an a[jerter of colonial iyidependence^ or (what is juft the fame) of legiflations, diflind: and divided from Britifh legiflation, in all the feveral provinces. In this fenfe^ and in this fenfe alone, are the terms Principles of Penal Law*- C« v« PREFACE. vU applied throughout the letters (as the author hlm- felf explains them at pa^e 1 15.)> ^^^ have no fort of reference to the odious diftiQ<5\ions which for- merly prevailed, but have now happily lubfided, in this country, upon the notion of a feparate in- tcreft between the King and People, In the prefent . controvcrfy, the King and People of the British iflands have, andean have, but c«^ intereftj which American independence, aiming firft at the unity of our conititution, then at the extent of our com- merce, and laftly at the dignity of our power, at- tempts to deftroy. Yet this is the mock-patriot- ifm of the day-^— a patriotifm, founded on the igno- . ranee of fome, urged by the artifices of others, and tending to the ruin of all. To be a patriot in mode, is to aim at a reparation of the flate into twenty ox thirty different parcels, inftead of feeking a confolidationof feveral provinces into one empire. People of this ftamp are for faving our enemies the trouble of enforcing the difficult part of their motto — divide & imperayx- by attempting the ^r/i for them. Happily, the good fenfe of the nation has; begun to dete(^ the impoflurc s and, 'tis hoped,, that, in a little time, the well-difpofed Americans will perceive, that Britons, detefting tyranny in all its forms, and always willing to refcue even torcign: nations from the yoke of bondage, have no thoughts of impofing it upon their children. They have ever been too brave to be Haves themfelves, and too generous to make flaves of others. They never had more liberty in their perfons, properties, religion, fpeech, writings, and adtions, than in the prefent reign : I had almofl faid, they cannot have xnorCf without an abrogation of all order and go- vern- ▼m PREFACE. t i vemmcnt. Thefe invaluable blofiings can only be fccured by the prefervation of their happy confti- tution. In a word, let their enemies name the monarchy l: republic upon earth, which can boaft their noble zeal for true liberty, or an equal pof* feflion of public freedom ! And what has America obtained by her revolt from the conftitution of Britain ? I fpeak not of that province, which is at prefent the feat of war ; but of thofe, who are yet unmolefted in the exercife of their new prerogatives, and of their boafted na^ tural rights. What opprefllons have not thefe en- dured from the arbitrary didtatcs of a lawlefs con-* grefs, or the favage determinations of an infolent mob ? Peaceable fubjeds, merely for being peace^ ahicy have been haled away to prifon, forced into their army, or firipped of their poffeffions. Men, who have remonflrated againil fuch brutal proceed- ings, have been dill more ignominioufly treated, and, without either the appearance of legal deci« fion or the forms of legal puniftiment, have beea expofed to all the indecent refentments of an aban- doned multitude. Clergymen, of the eilablifhed church, have been driven from their cures, upon no other account than for not omitting the prayer for the King and royal family, in the common ufe of divine fervice, Thefe are fome of the choicefl blcflings, which congreflcs and commit* tees have beftowed : Let me aik, if fuch can pofli-» bly be expedted froni the King and parliament gf Great-Britain ? ■' LETTER I. T(? ibe Inhabitants of the Province of the MaJJachu^ fettS'Bay, 1^3^^^^^^ a people, by what means foever,' are reduced to fuch a fituation, that evc;y thing they hold dear, as men and citizens^ is at (lake, it is not only excufable, but. even praifeworthy, for an individual to offer to the public any thing, that he may think has a tendency to ward off the impending danger ; not fliould he be reftrained from an apprehen- fion that what he may offer will be unpopular, any more than a phyfician fhould be reftrained from prelcribing a falutary medicine, throiigh fear it might be unpalatable to his patient. The prefs, when open to all parties and influenced by none, is a falutary engine in a free ftate, perhaps a neceffary one to preferve the freedom of that ftate •, but, when a party has gained the afcendency fo far as to become the licenfers of the prefs, either by an zSt of government, or by playing off the refentment of the populace againft prin- ters -and authors ; the prefs itfelf becomes an engine of op- preffion or licentioufnefs, and is as pernicious to fociety as otkerwife it would be ueneficial. It is too true to be de- nied, that, ever fince the origin of our controverfy with Great Britain, the prefs, in this town, has been much de- voted to the partizans of liberty : they have been indulged in publilliing what they pleafed, fas vel nefas^ while little has been publilhed on the part of government. The effeft this muft have had upon the minds of the people in gene- ral is obvious ; they muft have formed their opinion upon a partial view of the fubjeft, and of courfe it muft have been in fome degree erroneous : In fhort, the changes B have im ll f ( 2 ) have been rung (o often upon opprefTion, tyranny and flavery, that, whether deeping or waking, they are con- tinually vibrating in our ears ; and it is now high time to aik ourfelves, whether we have not been deluded by 'found only. My dear countrymen, let us diveft ourfelves of prejudice, take a view of our prefent wretched fituation, contraft it with our former happy one, carefully invefligate the caufe, and induftrioufly feek fomc means to efcape the evils we now feel, and prevent thofe that we have reafon to expeft. We have been io long advancing to our prefent ftate, and by fuch gradations, that perhaps many or us are infenfible of our true ftate and real danger. Should you be told, that adls of high treafon are flagrant through the country, that a great part of the province is in adual rebellion; would you believe it true ? Should you not deem the perfon aflert- ing it an enemy to the province ? Nay, Ihould you not fpurn him from you with indignation ? Be calm, my friends, it is neceffary to know the worft of a difeafe, to enable us to provide an efFeftual remedy. Are not the bands of fociety cut afunder, and the fandtions, that hold man to man, trampled upon ? Can any of us recover a debt, or obtain compenfation for an injury, by law ? Are not many perfons, whom once we refpedted and revered, driven from their homes and families, and forced to fly to the army for proteftion, for no other reafon but their hav- ing accepted commiflions under our king ? Is not civil government diflblved ? Some have been made to believe, that nothing fliort of attempting the life of the king, or fighting his troops, can amount to high treafon or rebel- lion. If, reader, you are one of thofe, apply to an honeft: lawyer (if fuch an one can be found), and enquire what kind of offence it is, for a number of men to aflemble armed, and forceably to obftrud: the courfe of juftice, even to prevent the king*s courts from being held at their ftated terms ; for a body of people to feize upon the king's pro- vincial revenue, 1 mean the monies colledled by virtue of grams made to his Majefliy for the fupport of his govern- ment within this province j k, a body of men to afTemble without I • ( 3 ) without being called by authority, and to pafs governmental afts ; or for a number of people to take the militia out of the hands of the king's reprefentative*, or to form a new mili- tia, or to raife men and appoint officers for a public pur- pofe, without the order or permiflion of the king or his reprefentative ; or for a number of men to take to their arms, and march with a profefled defign of oppofing the king's troops : afk, reader, of fuch a lawyer, what is the crime, and what the punilhment ; and if per chance thou art one that haft been adive in thefe things, and art not infenfibility itfelf, his anfwer will harrow up thy foul. I aflure you, my friends, I would not that this conduft lliould be told beyond the borders of this province ; I wifli it were configned to perpetual oblivion •, but, alas, it is too notorious to be concealed : our news-papers have al- ready publiftied it to the world, and we can neither prevent Jior conceal it. The fhaft is already fped, and the aitmoft 4Jxertion is neceflary to prevent the blow. We already feel the effects of anarchy : mutual confidence, affedtion and tranquillity, thofe fweeteners of human life, are fuc- ceeded by diftruft, hatred and wild uproar -, the ufeful arts of agriculture and commerce are negleded for cabal- ing, mobbing this or the other man, becaufe he adts, fpeaks, or is fufpedled of thinking different from the pre- vailing fentiment of the times, in purchafing arms and forming a militia, O height of madnefs ! with a profefTed defign of oppofing Great-Britain. I fufped many of us have been induced to join in thefe meafurcs, or but faint- ly to oppofe them, from an apprehenfion that Great-Bri- tain would not or could not exert herfelf fufficiently to fubdue America. Let us confider this matter : However clofely we may hug ourfelves in the opinion that the parli- ament has no right to tax or legiflb :: for us, the people of England hold the contrary opinion as firmly : they tell us we are a part of the Britifh empire ; that every ftate from the nature of government muft have a fupreme unoon- troulable powercotxtcnuve with the empire itfelf; and that, that power is vefled in parliament. It is as abfurd to deny this dodrrae in Great-Britain, as it is to alTert it in the B 2 colonies; i.<' ( 4 ) colonies-, fo there Is but little probability of ferving onr- felves at this day by onr ingenious diftindions between a right of legiflature for one purpofe and not for another. We have bid them defiance, and the longeft fword muft carry it, iinlefs we change our meafures. Mankind are the fame in all parts of the world •, the fame fondnefs for do- minion that prefides in the breaft of an American, adluates the breaft of an European. If the colonies are not a part of the Britifli empire already, and fubjed to the fupreme authority of the Hate, Great-Britain will make them fo. Had we been prudent enough to confine our oppofition within certain limits, we might have ftood fome chance of fucceeding once more •, but alas we have paifed the Rubi- con. It is now uaiverfally laid and believed, in England, that if this opportunity of reclaiming the colonies, and re- ducing them to a lenfe of their duty is loft, they in truth will be difmembered from the empire, and become as dif- tin(5l a ftate from Great-Britain as Hanover •, that is, al- though they may continue their allegiance to the perlbn of the King, they will own none to the imperial crown of Great-Britain, nor yield obedience to any of her laws but fuch as they Ihall think proper to adopt. Can you indulge the thought one moment, that Great-Britain will confent to this ? For what has ftie proteded and defended the colo- nies againft the maritime powers of Europe, from their firft Britifti fettlc-nent to this day ? For what did fhe purchafe New- York of the Dutch ? For what was ftie fo lavift; of her beft blooc. and treafure in the conqueft of Canada, and other territories in America ? Was it to raife up a rival ftate, or to enlarge her own empire ? Or, if the confideration of empire was out of the queftion, what fecurity can flie have of our trade, when once flie has loft our obedience ? I men- tion thefe things, my friends, that you may know how people reafon upon the fubied in England*, and to convince you that you are much deceived, if you imagine that Great- Britain will accede to the claims of the colonies : fhe will as foon conquer New-England as Ireland or Canada, if either of them revolted; and by arms, if the milder influences ''government prove incffe<5tual. Perhaps you arc as fa- prove tally ( 5 ) tally miflaken in another refpefl, I mean as to the power of Great-Britain to conquer; but can any of you, that think foberly upon the matter, be fo deluded as to believe that Great-Britain, who fo lately carried her arms with fuccefs to every part of the globe, triumphed over the united powers of France and Spain, and whofe Heets give law to the ocean, is unable to conquer us ? Should the colonies unite in a war with Great-Britain (which by the way is not a kippofablc cafe) the colonies fouth of Penn- fylvania would be unable to furnifh any men ; they have not more than is neceffary to goVern their numerous Haves, and to defend themlelves againft the Indians. 1 will fup- pofe that the northern colonies can furnifli as many, and indeed more men than can be ufed to advantage j but have you arms fit for a campaign ? If you have arms, have you military i^ores, or can you procure them ? When this war is proclaimed, all fupplies from foreign pares will be cut off. Have you money to maintain the war ? Or had you all thofe things, fome others are flill wanting, which are ablblutely neceffary to encounter regular troops, that is difcipline, and that fubordination whereby each can command all below him from a general officer to the lowefl fubaltern : thefe you neither have nor can have in fuch a war. It is well known that the provincials in the late war were never brought to a proper difcipline, though they had the example of the regular troops to en- courage, and the martial law to enforce it. We all know, notwithflanding the province law for regulating the militia, it was under but little more command than what the officers could obtain from treating and humouring the common foldiers : what then can be expefted frem fuch an army as you will bring into the field, it you bring any, each one a politician, puffed up with his own opinion, and feeling himfelf fecond to none ? Can any of you command ten thoufand fuch men ? Can you punifh the diibbedient ? Can all your wifdom direct their ftrength, courage and adivity to any given point ? Would not the leaft difap- pointment or unfavourable afpe6t caufe a general derelic- tion of the fervice ? Your new-fangled miluia have already- given I '* E ■I'! ( 6 ) given us zfpecimen of their future condutfl. In fome of their companies, they have already chofen two, in others three fets of officers, and are as diflatisfied with the laft choice as the firft. I do not d'^ubt the natural bravery of my countrymen : all men would a6t the fame part in the fame fituation. Such is the army, with which you are to oppofe the moft powerful' nation upon the globe. An experienced officer would rather take his chance with five thoufand Britifh troops, than with fifty thoufand fuch mi- litia. I have hitherto confined my obfervations to the war within the interior parts of the colonies ; let us now turn our eyes to our extenfive fea coaft, and that we find wholly at the mercy of Great-Britain -, our trade, fifhery, navigation and maritime towns taken from us, the very day that war is proclaimed. Inconceivably (hocking the fcene, if we turn our views to the wildernels; our back lettlements a prey to our ancient enemy, the Canadians, whofe wounds received from us in the late war will bleed afreili at the profpeft of revenge, and to the numerous tribes of fa- vages, whofe tender mercies are cruelties : thus with the Britilh navy in the front, Canadians and favages in the rear, a regular army in the midft, we muft be certain that, when ever the fword of civil war is unlheathed, devafta- tion will pafs through our land like a whirlwind, our houfes be burnt to afhes, our fair pofleffions laid wafte, and he that falls by the fword will be happy in efcaping a more ignominious death. I have hitherto gone upon a fuppofition that all the co- lonies from Nova-Scotia to Georgia would unite in the war againft Great-Britain -, but I believe if we confider coolly upon the matter, we fliall find no reafon to expert any af- filtance out of New-England : if fo, there will be no arm ftretched out to lave us, New-England, or perhaps this fclf-devoted province will fall alone the unpitied victim of its own folly, and furnifh the world with one more inftance of the fatal confequences of rebellion. I have as yet faid nothing of the difference in fenti- ment among ourfelves : upon a fuperficial view we might imagine, that this province was nearly unanimous, but J le of I hers ', laft ry of the e to An five mi- i war turn (7) but the cafe is far different. A very confiderable part of the men of property in this province are at this day firmly attached to the caufe of government-, bodies of men compelling perfons to difavow their fentiments, to refign commifllons, or to fubfcribe leagues and covenants,, have wrought no change in their fentiments : it has only attached them more clofely to government, and caufcd them to wifli more fervently, and to pray more devoutly for its reftoration: thefe and thoufands befide, if they fight at all, will fight under the banners of loyalty. I can affurc you that aflbciations are now forming in feveral parts of this province for the fupport of his Majefty's government and mutual defence; and let me tell you, when ever the royal Itandard fhall be fet up, there will be fuch a flocking to it, as will aftonifh the moll obdurate. And now; in God's name, what is it that has brought us to this brink of deftruftion ? Has not the government of Great-Britain been as mild and equitable in the colonies as in any part of her extenfive dominions ? Has not fhe been a nurfing mo- ther to us from the days of our infancy to this time ? Has fhe not been indulgent almoft to a fault ? Might not each one of us at this day have fat quietly under his own vine and fig-tree, and there have been none to make us afraid, were it not for our ov/n folly ? Will not poflerity be amazed, when they are told that the prefent diftraftion took its rife from a three-penny duty on tea, and call it a more unac- countable frenzy, and more difgraceful to the annals of America than that of the zvitchcraft, I will attempt in the next paper to retrace the fteps and i..ark the progrefHons that led us to this ftate. I promife to do it with fidelity, and, if any thing fhould look like re- fleding on individuals or bodies of men, it muft be let down to my impartiality, and not to a fondnefs for cenfuring. MASSACHUSETTENSIS. December 12, 1774. LET- ( 8 ) ; ■;, > . .ir 11 70 LETTER IT. * Ttf the Inhabitants of the Province of Mjffachufetts-Bay, My dear Countrymen, 1 ENDEAVOURED laft week to convince you of our real danger, riot to render you delperate, but to induce you to leek immediately fomeeffeduai remedy. Our cafe is not remedilefs, as we have to deal with a nation not lefs generous and humane than powerfu) and brave -, juft in- deed, but not vindidlive. 1 Thall, in this and fuccefllve papers, trace this yet growing diltemper through its leveral flages, from its firll rife to the prelent hour, point out the caufes, mark the effcds, fhew the madnefs of perfevering in our prefent line of condu6l, and recommend what, I have been long con- vinced, is our only remedy. I confefs my felf to be one of thofe that think our prefent calamity is in a great mea- fure to be attributed to the bad policy of a popular party in this province ; and that their mcafures for feveral years paft, whatever may have been their intention, have been diametrically oppofite to their profeflion, — the public good •, and cannot, at prefent, but compare their leaders to a falfe guide, who, having led a benighted traveller through many mazes and windings in a thick wood, finds himfelf at length on the brink of a horrid precipice, and, to fave himfeltjfeizes fad hold of his follower, to the utmoft hazard of plunging both headlong down the fteep, and being dafhed in pieces together againft the rocks below. In ordinary cales, we may talk in the meafured language of a courtier •, but when fuch a weight of vengeance is ful- pended over our heads, by a fingle thread, as threatens every moment to crufh us to atoms, delicacy itfelf would be ill-timed : I will declare the plain truth whenever 1 find it, and claim it as a right to canvafs popular meafures and expofe their errors and pernicious tendency, as freely as governmental mearurcs are canvalfed, lb long as I confine myfelt within the limits of tlie law. At Che conclufion of the late war, Great-Britain found, that, though Hie had humbled her enemies, and greatly en- larged I ( 9 ) hrged her own empire, that the national debt amounted to almolt one hundred and fifty millions, and that the an- nual expence of keeping her extended dominions m a ftate of defence, which good policy dictates no lefs in a time of peace than war, was increafed in proportion to the new ac- quifitions. Heavy taxes and duties were already laid, not only upon the luxuries and conveniences, but even the ne- cefTaries of life in Great-Britain and Ireland She knew, that the colonies were as much benefited by the conquefts in the late war, as any part of the empire, and indeed more fo, as their continental foes were fubdued, and they might now extend their fettlements not only to Canaca, but even to the weftern ocean — The greateft opening was given to agriculture, the natural livelihood of the country, that ever was known in the hiftory of the world, and their trade was proteded by the Britifh navy. The revenue to the crown, from America, amounted to but little more than the charges of colleding it. — She thought it as reafon^ able, that the colonies fliould bear a part of the national burden, as that they fhould (hare in the national benefit. For this purpofe, the ftamp-a(5t was pafled. The colonies foon found, that the duties impofed by theftamp-aft would be grievous, as they were laid upon cuftom-houfc papers, law-proceedings, conveyancing, and indeed extended to almoft all their internal trade and dealings. It was gene- rally believed through the colonies, that this war, a tax not only exceeding our proportion, but bey5 ) What mifchicf was not an artful man, who had obtained the confidence and guidance of fuch an enraged multitude, ca- pable ot doing ? He had only to point out this or the other ir.an as an enemy to his country, and no character, ftation, age or merit, could protect the prol'cribed from their fury. Happy was it for him, if he could fecrete his perfon, and fubjedt his property only to their lawlelis ravages. By fuch means, many people naturally brave and humane, have been wrought upon to commit fuch a6ts of private mifchief and public violence, as will blacken many a page in the hiftory of our country. I fhall next trace the cfFcds of this fpirit, which the whigs had thus infuled into the body of the people, through the courts of common law, and the general-alTembly ; and mark the ways and means whereby they availed themfelves of it to the ilibverfion of our charter conftitution, antece- dent to the late aft of parliament. MASSACHUSETTENSIS. December 19, 1774. LETTER III. 2''(9 the Inhabitants of the Province of MaJJachufetts-Bay, r*r^O undertake to convince a perfon of his error is the X indifpenfable duty, the certain, though dangerous, teft of friendfhip. He that could ice his friend perfevering in a fatal error, without reminding him of it, and ftriving to reclaim him, through fear that he might thereby incur his difpleafure, would little dcfervs the lacred name himielf. Such delicacy Is not only falle, but criminal. Were I not fully convinced, upon the mod mature deliberation that I am capable of, that the temporal falvation of this province depends upon an entire and fpeedy change of mea- iures, which mud depend upon a. change of fentiment, re*- fpcdingourownconduft, andthcjufticeof thcBritifh nation; I never fliould have obtruded myfelf on the public, — I re- peat my promife, to avoid pcrfonal reflexion as much as the nature of the taflv will admit of; but I will continue faithfully to expofe the wretched policy of the whigs, tho* I may be obliged to penetrate the circana, and difcover fuch things ( i6 ) tilings as, were there not a necefllty for it, I fhould be in* finitely happier in drawing a veil over, or covering with a mantle. Should I be lb unfortunate as to incur your dif- plealure, 1 fhall neverthelefs think myielf happy if I can but Inatch one of my fellow-lubjecls as a brand out of the burning. Perhaps fome may imagine, that t have reprefcnted too many of my countrymen, as well as the leading whigs, in an unjull p^int of light, by fuppofing thefe fo wicked as to millea;!, (^r 'hfe(o Httle circumfped as to be miQed, in matters of the lad importance. Whoever has been con- verfant wirh the h.ftory of man, muft know that it abounds with fuch initances. The fame game, and with the fame fuccefs, has been played in all ages and in al! countries. The bulk of the people are generally but little verfed in matters of Ilatc. Want of inclination or opportunity io figure in public life, makes them content to refl the affairs of government in the hands, where accident or merit ha~ placed thtm. Their views and employments are confined to the humbler walks of bufinefs oi retirement. There is a latert fpark however in their breafls, capable of being kindled into a flame ; to do this has always been the em- plcyment of the difafieired. They begin by reminding the people of the elevated rank they nold in the univerfej as men -, that all men by nature are equal ; that Kings are but the minillers oi the people ; that their authority is de- legated to them by tlie pec^plc for their good ; and that they Iiave a right to rcfume It, and place it in other hands, or keep it themiclves, whenev'er it is made ufe of to opprefs them. Doubtlels there liave been inftances, where thefe principles have been inculcated to obtain a redrel's of real grievances, but they have been much oftener perverted to the woril of pur(:oles. — No government, however perfect in theory, is adminiilered in perfedion •, the frauty of man does not ad-rit of it. A imall miftake, m point of policy, often furniflies a pretence to libel government, and per- fuadeche people, that their rL^lers are tyrants, and the whole governnicnt a fyflem ot opprefiion. Thus fhe ieeds of fe- dition are uluaHy ibwnj and the people are icd to facrificc reai , :ha dif- can the ited :hz^ ' i 17 ) Ircal liberty to llcentioufnefs, which gradually ripens Into rebellion and civil war. And what is ftill more to be la- iTiented, the generality of the people, who are thus niade the dupes of artifice, and the mere ftilts of ambition, are fuie to be lofers in the end. The beft they can expeft, is to be thrown negleflcd by, when they are no longer want- ed •, but they are feldom fo happy : if they are fubdued, coniii'cation of eftate and ignominious derth are their por- tion i if they conquer, their own army is often turned upon them, to fubjugate them to a more tyrannical go- vernment than that they rebelled againlt. Hidory is re- plete with inftances of this kind : we can trace them in re- mote antiquity ; we find them in modern times, and have a remarkable one in the very country from which we are de- rived. It is an univerfal truth, that he that would excite a rebellion, whatever profefTions of philanthropy he may make, when he is infinuating and worming himlelf into the good graces of the people, is at heart as great a tyrant as ever weilded the iron rod of oppreffian. 1 (hall have occa- fion hereafter to confider this matter more fully, when I fhall endeavour to convince you, how little we can gain, and how much we may lofe, by this unequal, unnatural, and defperatc conteft. My prefent bufinefs is, to trace the fpirit of oppofition to Great-Britain through the general Court, and the courts of common law» In moderate times, a reprefentative that votes for an unpopular meafure, or oppofes a popular one, is in danger of lofing his eledlion the next year •, when party runs high, he is lure to do it. It was the policy of the whigs to have their quelliOns, upoa high matters, determined by yea and nay votes, which Were publillicd with the reprefentatives names in the next gazette. This was commonly followed by fevere Itriftures and the moll illiberal invedVives upon the difTentients : f'^metimes they were held up as objeds of relentment, of contempt at others j the abufe was in proportion to the extravagance of the meafure they oppofed. This may feem not worth notice, but its confequences were impor- tant. The fcurrility made its way into the diflentient's town, it lurniilied his competitor wich means to fupplanc D him, ( '8 t ; ^1 'i:i' him, and he took care to fliun the rock his predecefToi* had fplit upon. In this temper of the times, it was enough to know who voted with CafTius and who with Lucius, to determine who was a friend and who an enemy to. the country, without once adverting to the queftion before the lioufe. The lofs of a feat in the houfe was not of fo much confequence*, but, when once he became ftigmatized as an enemy to his country, he was expofed to infult ; and if his' profeflion or bufinefs was fuch, that his livehhood depend- ed much on the good graces of his fellow citizens, he was in danger of lofing his bread and involving his whole fami- ly in ruin. One particular fet of members, in committee, always prepared the refolves and other fpirited meafures. At firftf they were canvafled freely, at length would Aide through" the houfe without meeting an obftacle : The lips of the diflentients were fealed up ; they fat in filence, and beheld with infinite regret the meafures they durft not oppofe. Many were borne down againft their wills by the violence of the current : upon no other principle can we reconcile their oftenfible condu«5t in the houfe to their declarations in private circles. The apparent unanimity in the houfe en- couraged the oppofitionout of doers, and that in its turn flrengthened the party in the houfe. Thus they went on, mutually fupporting and up-lifting each other. Alfemblies and towns refolved alternately : fome of them only omitted refolving to fnatch the fceptre out of the hands of our So- vereign, and to Itrike the imperial crown trom his facred head. A mafter-ftroke in politics, refpefting the agent, ought not to be negleded. Each colony has ufually an^ agent re- fiding at the court of Great-Britain : Thefe agents are ap- pointed by the three branches of their feveral affemblies, and indeed there cannot be a provincial agent without fuch appointment. The whigs foon fouhd, that they could not have fuch fervices rendered them trom a provincial agent, as would anfwer their purpofes. The houfe therefore re- fufed to join with the other two branches of the general court in the appointment. The houfe chofe an agent for them- r 19 y themfelves ; and the council appointed another. Thus we had two agents for private purpofes, and the expence of agency doubled •, and with equal reafon a third might have been added, as agent for the Governor, and the charges been trebled. The additional expence was of little confideration, com- pared with another inconvenience that attended this new mode of agency. The'perfrn, appointed by the houfc, was the oftenfible agent of the province, though in fad he was only the agent of a few individuals that had got the art of managing the houfe at their pleafure. He knew his con- tinuing in office depended upon ihem. An office that yielded feveral hundred pounds fterling annually, the bufi- nefs of which confined in little more than attending the le- vees of the Great, and writing letters to America, was worth preferving. Thus he was under a ftrong temptatioa to facrifice the province to a party ; and echoed back the fentiments of his patrons. The ?idvices, continually received from one of the perfons that was thus appointed agent, had great influence upon the members of the houfe of more moderate principles. He had pufhed his refearches deep into nature, and made important difcoveries : they thought he had done the fame in politics, and did not admire him lefs as a politician than as a philofopher. His intelligence, as to the difpofition of his Majefty, the miniftry, the parliament, anr he nation ia general, was deemed the moil authentic. He advifed us to keep up our oppofition, to refolve and re-refolve, to cherifh a military fpirit ; uniformly holding up this idea, that if we continued firm, we had nothing to fear from the government in England. He even propofed fome modes of oppofition himfelf. The fpirited meafures were always ufhered into the houfe with a letter from him. I have been fometimes almoft ready to fufpe6t him of being the primum mohik, and that, like the man behind the curtain at a pup- pet-fliew, he was playing off the figures here with his own fecret wires. If he advifed to thefe mealures contrary to his better knowledge, from finifter views, and to ferve a private purpofe, he has wilfully done the province irrepa- D 2 rablc ( 20 ) rablc injury. However, I will do him jiidice: heen)oincd it upon us to refrain from violence, as that would unite the nation againft us •, and I am rather inclined to think that he was deceived himfelf with refped to the meafures he re- commended, as he had already felt the refentment of that very government which he told us there was nothing to fear from. This difpofition of the houfe could not have pro* duced fuch fatal efFeds, had the other two branches of the legiflature retained their conftitutional freedom and in- fluence. They might have been a fufficient check. The councillors depended upon the general alTembly for their political exiftence : the whigs reminded the council of their mortality. If a councillor oppofed the violent meafures of the whigs with any fpirit, he loll: his elevftion the next May. The council conGfted of twenty- eight. Prom this principle, near half that number, mollly men of the firil families, note and abilities, with every poflible attachment to their native country, and as far from temp- tation as wealth and independence could remove thtm, were tumbled from their feats in difgrace. Thus the b ard, which was intended to moderate between the two extremes of prerogative and privilege,loft its weight in thefcale, and the political balance of the province was deftro/ed. Had the chair been able to retain its own ccnftitutional influence, the lofs of the board would have been lei's fcit ; but, no longer fupported by the board, that fell likewile. The Governor, by the charter, could do little or nothing without the council. If he called upon a military officer to raife the militia, he was anfwered, they were there al- ready. If he called upon his council for their afllftance, they muft firft enquire into the caufe. If he wrote to go- vernment at home to (Irengthen his hands, fome officious perfons procured and fent back his letters. It was not the pcrfon of a Bernard or Hutchinfon that made them obnoxious ; any other governors would have met with the fame fate, had they difcharged their duty with equal fidelity •, that is, had they ftrenuoufly oppofed the principles and pradices of the whigs •, and when they tpurid that the government here could not fupport itfelf, wrote -d lat rC' lat *ar ro- (he in- f *' ) wrote home for aid fufficienf to do it. And let me tell you, had the intimations in thofe letters, which you are taught to execrate, been timely attended to, we had been as happy a people as good government could make us. Governor Bernard came here recommended by the affedions of the province, over which he had prefided. His abilities are ac- knowledged. True Britifh honefty and pun^^M-^lity arc traits in his chara6ler too ftrongly marked toefcape the eye of prejudice itfelf. We know Governor Hutchinfan to be amiable and exemplary in private life : his great abilities, integrity and humanity, were confpicuous in the leveral J important dtpartirents that he filled, before his appoint- ment to the chair, and rcfleft honour on his native countrv. But his abilities and integrity, added to his thorough knowledge of the province, in all its intcrefls and connec- tions, were infufficient in this cafe. The conftiturion it- felf was gone, though the ancient form remained : the fpirit was truly republican. He endeavoured to reclaim us by gentle means. He ftrove to convince us by argu- ments, drawn from the firft principles of government, our fevcral charters, and the exprefs acknowledgments of our ancellors, that our claims were inconfiftent with the fub- ordination due to Great-Britain ; and, if perfifted in, might work the deftru.flion of thofe that we were entitled to. For this, he was called an enemy to his country, and let up as a mark for the envenomed arrows 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 v/hich the news-paper abufe was transferred from Governor Hutchinfon to his humane ^nd benevolent fuc- ceflbr. General Gage, almoft: as foon as he fet foot on our ihore, would have removed it. Thus, difaffedion to Great-Britain being; infufed into the body of the people, the fubtle poifon llole through all the veins and arteries, contaminated the blood, and deftroy- ed the very ftamina of the conftitution. Had not the courts of jurtice been tainted in the early ftages, our government might have expelled the virus, purged off the peccant hu- dcrs, and recovered its former vigour by its own ftrength. The m :::1 ^' i; ( 22 ) The judges of the fuperior courts were dependent upon the annual grants of the general court for their fupport. Their falaries were fmall in proportion to the falaries of Other officers in the government of lefs importance. They had often petitioned the aflembly to enlarge them, without fuccefs. They were at this time reminded of their dependence. However, it is but juftice to fay, that the judges remained unQiaken, amid the raging tempefts, which^ is to be attributed rather to their firmnefs than fituation. But the fpirit of the times was very apparent in the juries. The grand jurors were ele(5live •, and in fuch places where libels, riots, and infurredions were the mod frequent, the high whigs took care to get themfelves chofen. The judges, pointed out to them the feditious libels on governors, ma- giftrates, and the whole government*, but to no effedl. They were enjoined to prefent riots and infurredions, of which, there was ample evidence, with as little fuccefs. It is difficult to account for fo many of the firft rate whigs being returned to ferve on the petit-jury at the term next after extraordinary infurre(5lions, without fuppofing ibme legerdemain in drawing their names out of the box. It is certain, that, notwithftanding fwarms of the moll viru- lent libels infefted the province, and there were fo many riots and infurredions, fcarce one offender was indifted, and I think not one convidted and punifhed. Caufes of meum et tuum were not always exempt from party influence. The mere circumftance ot the whigs gaining the afcen- dency over the tories is trifling. Had the whigs divided the province between them, as they once flattered them- felves they fhould be able to do, it would have been of little confequence to the community, had they not cut afunder the very finevi^s of government, and broke in pieces the ligaments of focial life in the attempt. I will mention two inftances, which I have feleded out of many, of the weaknefs of our government, as they are recent and xinconnefted with ads of parliament. One Malcolm, a loyal fubjeft, and, as fuch, entitled to protection, the even- ing before the laft winter feffions of the general-court, was dragged out of his houfc, ftripped, tarrqd and feathered, and on rt. of nr 1 'A ( ^3 ) and carted fdveral hours in the fevered froft of that wintei'^ to the iitmoft hazard of his lite. He was carried to the gallows with an halter about his neck, and, in his paffagci to and ^rom the gallows, was beaten with as cruel ftripes as ever were adminiftered by the hands of a favage. The whipping, however, kept up the circulation of his blood, and faved the poor man's life. When they had fatiated their malice, they difperfed in good order. This was tranf* a6l:ed in the prefence of thousands of fpe6lators, fome oi whom were members of the general-court. Malcolni'i life was defpaired of feveral days, but he furvived and pre-* fented a memorial to the general-aflembly, praying their in- terpofition. The petition was read, and all he obtained was; leave to withdraw it. So that he was deftitute of pro-^ teftion every hour until he left the country ; as were thou- iands faefide, until the arrival of the King's troops. Thii originated in a fmall fracas in the ftreet, wherein Malcolm ftruck, or threatened to ftrike, a perlon that infulted him, withacutlars,apd had no connection with the quarrel of thi^ times, unlefs hisfuftainingafmallpoftin the cuftoms made it. The ether inilance is much ftronger than this, as it Was totally detached from politics. Ic had been lufpected, that infedion had been communicated from an hofpital, lately ereded at Marblehead, for the purpofc of innocula- ting the fmall -pox, to the town's people. This caufed a great infurredion : the iniurgents burnt the hofpital i not content with that, threatened the proprietors and many others, feme of the firll fortunes and characters in the town, with burning their houfcs over their heads, and continued parading the itrects, to the utmoft terror of the inhabitants feveral days. A mafiTacre and general davalta- tion was apprehended. The peribns threatened, armed them^ felves, and petitioned the general-ailembly, w'lich was then fitting, for afTiftance, as there was little or no civil authority in the place. A committee was ordered to re- pair to Marblehead, report the fafts, and inquire into the caufe. The committee reported the facts nearly as itated in the petition -, the report was accepted, and nothing tar. thcr done by the afiembly. Such demonflrations ot the weak- Weakncfs of government, induced many perfons to join th« whigs, to feek from them that prote<5lion, which tlie con- ftitutional authority of the province was unable to affgrd. ; Government, at home, early in the day, made an effort to check US in our career, and to enable us to recover from anarchy without her being driven to the neceffity of alter- ing our provincial conflitution, knowing the prediledlion that people always have for an anticnt form of government. The judges of the fuperior court had not bren daggered, though their feet ilood in flippery places •, they depended upon the leading whigs for their fupport. To keep them fteady, they were made independent of the grants of the general -afTcmbly, But it wis not a remedy any way ade- quate to the dileafe. The whigs now turned their artille- ry againll them ; and it played brifkly. — The chief juftice, •for accepting the crown grant, was accufed of receiving a royal bribe. , ,, ,.; ., Thus, my friends, thofe very pcrlbns, who had made you believe, that every attempt to ftrcngthtn government, and fave our charter, was an infringement of your privileges ; by little and little, dcftroyed ycur real liberty, lubvcrted your charter conflitution, abridged the freedom of the houfe, annihilated the freedom of ihe board, and rendered the go- vernor a mere doge of Venice. They engrofied all the power of the province into their o\wn hands : A democracy or republic it has been called, but it does not deferve the name of either — It was, however, a defpotifm, cruelly car- ried into execution by mobs and riots, and more incompa- tible with the rights of mankind, than the enormous mo- narchies ot the Eail. The abiolute neccfTiiy of the inter- pofition of parliament is apparent. 1 he good policy of the a6t:, for regulating the government in this province, will be the iubjeclof fome future paper. A particular Inquiry into the defpotifm of the whigs will be deterred for a chapter on congreffis. 1 Iliall next aik your attention to a tranfatfion, as important in its conjequences, and perhaps more lb, than any 1 have yet n^cnnoned, 1 mean the de- Uructlon of the tea, belonging to the Eaft-India company, 1 am lenfible of the difHcuky ot the taflv, in combating ge- nerally { ^6 ) ' fterally received opinions. It is hard work to eradicate deep-rooted prejudice. But I will perlevere. There are hundreds, if not thoufands, in the province, that will feel the truth of what I have written, line byline, as they read it i and as to thofe who obftinately fhut thcT eyes againft it now, haply the fever of the times may intermit v there may b« fome lucid interval when their minds fhall be open to truth before it is too late to ferve them, otherwifc it will be re- vealed to them in bitter moments, attended with keen re- morfe and unutterable anguilh. Magna eft Veritas et pr^t- vakbitt M AS S AC HU SET TENS IS, December 26, 1774. LETTER in. 7o the Inhabitants of the Province of Mafjachufetts-Bay. PERHAPS, by this time, fome of you may enquire who it is, that fuffers his pen to run fo freely ? 1 will tell you ; it is a native of this province, that knew it before many, that are now bafking in the rays of political funlhine, had a being. JHe was favored, not by whigs or torics, but the people, with fuch a Hand in the community, as that he could dillin(51:ly fee all the political manoeuvres of the pro- vince. He faw fome with pleafure, others with pain. If he condemns the condud of the.whigs, he does not always approve of the condud of the tories^ He dwells upon the mifconduft of the former, becaufe we arc indebted to that for bnnging us into this wretched ftatc; unlefs the fu- pinenefs of the latter, at fome periods, and fome impolitic efforts to check the whigs in their career, at others, that fcrved like adding fuel to the fire, ought to be added to the account. F-Ic is now repaying your favours, if he knows his own heart, from the purtll gratitude and the mofl un- dilTembled patriotifm, which will one day be acknowledged. I law the fmall leed of fedition, when it was implanted : ic was, as a grain of muftard. 1 have watched the plant un* til it has become a great tree ; the vileit reptiles that crawl upon the earth, arc concealed at the root i the foulcft birds E of ''■':». Ik! m • ■ iiV' ( *<5 ) of the air reft upon its branches. I now would Induce you to go to work immediately with axes and hatchets, and cut it down, for a two-fold reafon ; becaufe it is a peft to fociety, and left it be felled Tuddenly by a ftronger arm> and cruft) its thoufands in the fall. An apprehenfion of injuftice in the condu(fl of Great- Britain towards us, \ have already told you was one fourcc of our mifery. Laft week I endeavoured to convince you of the neccfllty of her regulating, or rather eftablilliing, fome government amongft us. I am now to point our the principles and motives, upon which the blockade aft was made. The violent attack upon the property of the Eaft- India company, in the dcftrudion of their tea, was the caufe of it. In order to form a right judgment of that tranfaftion, it is neceffary to go back and view the caufc of its being fent here. As the government of England is mixt, fo the fpirit or genius of the nation is at once mon- archical, ariftocratical, democratical, martial, and commer- cial. It is difficult to determine, which is the moft predo- minant principle j but it is worthy of remark, that to injure the Britiih nation upon either of thefe points, is like in- juring a Frenchman in the point of honor. Commerce is. the great fource of national wealth -, for this reafon it is cherilhcd by all orders of men from the palace to the cot- tage. In fome countries, a merchant is held in contempt by the nobles ; in England they refpedl him. He riles ta high honors in the ftate, often contracts alliances with the firft families in the kingdom, and noble blood flows in the veins of his pofterity. Trade is founded upon pcrfons or countries mutually fupplying each other with their redun- dances. Thus none are impoverilhed, all enriched, the afpericics of human life worn away, and mankind made happier by it. Hulbandry, manufacture, and merchandize are its triple fupport : deprived of either of thefe, it would ceafe. Agriculture Is the natural livelihood of a country but thinly inhabited, as arts and manufadlures are of a popu- lous one. The high price of labour prevents manufactures being carried on to advantage in the firft > fcarcity of foil obliges ( *7 ) obliges the inhabitants to purl'ue them in tlie latter. Upon thcie, and the confidcrations arifing from the fertility and produce of different climates, and luch like principles, the grand fyftem of the Britifh trade iz founded. The col- le<5led wild', m of the nation has always been attentive to this great point of policy, that the national trade might be fo balanced and poilcd, as that each part of her extend- ed dominions might be benefited, and the whole concen- tre to the good of the empire. This evinces the neceflity of a6t:s for regulating trade. '■• To prevent one part of the empire being enriched at; the cxpence and to the impoverifliing of another, checks, reftridJons, and fometimes abfolute prohibitions, are necef- fary. Thefe are impofed or taken off as circumftances vary. To carry the a6ts of trade into execution, many officers are neceffary. Thus we fee a number of cuftomhoufe officers fo conftituted, as to be checks and controuls upon each other, and prevent their fwerving from their duty, fliouid they be tempted -, and a board of commiffioners ap- pointed to fuperintend the whole, like the commiffioners of the cuftoms in England. Hence alfo arifes the necef* firy oi courts of admiralty. The laws and regulations of trade are efteemed in Eng- land as facred. An eftare made by fmuggling, or purfuing an illicit trade, is there looked upon asfilthylucre, as monies amaffcd by gaming ♦, and upon the fame principle, becaufe it is obtaired at the expenc;; and often ruin of odiers. The "fmuggler not only injures the public, but often ruiriis iht •fair trader. . The great extent of fea-coaft, many harbours, the variety of iflands, the numerous creeks and navigable rivers, af- ford the greateft opportunity to drive an ifficit trade in thefe colonies without detection. This advantage has not been overlooked by the avaricious, and many perfons feem to have fet the laws of trade ai a defiance. This accounts for fo many new regulations being made, new officers appoint- tud, and fhips of war from time to time ftationed along the continent. The way to Holland and back again is well known -, and -by much tht greateft pan gf the tea that has £ a beea f I f Vimm'i ( 28 ) been drank in America for fevcral years, has been im- ported from thence and other places, in dircft violation of^ law. By this the fmugglers have amafled great cftates, to the prejudice of the fair trader. It was fenfibly felt by the Eaft-India company •, they were prohibited from exporting their teas to America, and were obliged to fell itataiidlion in London •, the London merchant purchafed ir, and put a profit upon it when he Ihipt it for America •, the Ameri- can merchant, in his turn, put a profit upon it, and after him the fhopkeeper ; fo that it came to the confumers hands, at a very advanced price. Such quantities of tea "were annually Imugglcd, that it was fcarccly worth while for the American merchant to import tea from England at all. Some of the principal trading towns in America were wholly llipplied with this commodity by fmuggling: Bofton however continued to import it, until advice was received that the parliament had it in contemplation to permit the Eaft-India company to fend their teas diredly to America. The Bofton merchants then fent their orders conditionally to their correfpondents in England, to have tea fliipt for them, in cafe the Eaft-India company's tea did nor come out. One merchant, a great whig, had fuch an order lying jn England for fixty chefts, on his own account, when the company's tea was fent. An adt of parliament was made to enable the Eaft-India company to lend their tea diredlly to America, and fell it at auflion there *, not with a view of raifing a revenue from the three-penny duty, but to put it out of the power of the fmugglei •; to injure them by their infamous trade. We have it 'iioin good authority, that the revenue was not the confidcjation before parliament ; and it is reafonable to fuppofe it : for had ihat been the point in view, it was only to reftore the former regulation, which was then allowed to be conftitutional, and the re- venue would have been refpedlable. Had this new regu- lation taken efFe(5l, the people in America would have been great gainers. The wholefale merchant might have been deprived of fome of his gains •, but the retailer would have fupplied himfelf with this article, dircdly from the audtion, and the confumcr reap the benefit j as tea would have been ~ ibid ( '^9 ) fold, under the price that had been ufual, hy near one half. 1 hiis the country in general would have bren ^reat gain- ers, the Eaft-lndia company fecured in fiipplying the A- merican markets with this article, which they are entitled to by the laws of trade, and linuggling fupprclTcd, at leaft as to ti-a. A Ihnigg'er and a whig arc coufin-germans, the offspring of two fillers, avarice and ambition. They had been playing into each others hands a long time. The fmuggler received protcdtion from the whig ♦, and he, in his turn, received lupport from the fmuggler. T he illicit trader now demanded protcdion from hiskinlman, and it would have been unnatural in him to have refufed it -, and befide, an opportunity prefcntedof ftrengthening his own intereft. The confignees were connefted with the tories, and that was a further ilimulus. — Accordingly, the prels was again fet to work, and the old ftory repeared with add tions about monopolies ; and many infatuated peribns once more wrought up to a proper pitch to carry into execution any violent meafures, that their leaders fhould propofe. A bold ftrokc was relolved upon. *J he whigs, though they had got the art of managing the people, had too much fenfe to be ignorant that it was all a meer fintffe, not only without, but diredlly repugnant to lav, conl^itution and government, and could not lalt always. They determined to put all at hazard, and to be aut defar ant nihil The aj:)proaching ftorm was forefeen ; rnd the firfl: Ihip tliat arrived with the tea was detained below Caftlc- William. Abody meetingwas alfembled at the old-fouth meeting-houfe, which has great advantage over a town-meeting, as no law has yet afcer- tained the qualification of the voters ; each peribn preicnt, of whatever age, eftate, or country, may take the liberty to fpeak or vote at fuch an aflfembly ; and that may lervc as a fkreen to the town where it originated, in cafe of aiiy dilaflrous confequence. The body-meeting confifting of feveral tiioufands, being thus afi^embled, with the leading whigs at its head, in the firft place fent for the owner of the tea-(hip, and required Irim to bring her to the wharf, upon pain of their difpleafi.ire ; the fiiip was accordingly brought up, and the mailer wa§ obliged to enter at the cuftom- ( 30 ) cuftom-honfc : He reported the tea, after wlilch twenty* days are allowed for landing it and paying the dutv. The next ftcp was to refolvc. — They refolved that the tea fhould not be landed, nor the duty paid, that it fhould go home in the fame bottom that it came in, &:c. &c. This was the fame" as refolving to deftroy it, for as the fliip Iiad been compelled to come to the wharf, and was entered at the cuftom-honfe, it could not, by law, be cleared cur, without the duties being firft paid, nor could the Governor grant a permit for the veflel to pafs Caftle-William, without a certificate from the cuftcm-houfeof fuch clearance, con- fident with his duty. The body accordingly ordered a military guard to ^''atch the (hip every night until further orders. The confignees had been applied to, by the fcledl- tnen, to fend the tea to England : they aniwered, they could not, for if they did, it would be forfeited by the ads of trade, and they fhould be liable to make good the lofs to the Eaft-india company. Some of the confignees were mobbed, and all were obliged to fly to the caftle, and there immure themfelves. They petitioned th? Governor and Council to take the property of the Eaii- India company tinder their protedion. The council declined being con- cerned in it. The confignees then offered the body to (lore the tea under the care of the feledmen cr a committee of the town of Bofton, and to have no further concern in the matter until they could fend co England, and receive fur- ther inftrudiions from their principals. This was refufed -with difdain. The military guard w^s regularly kept in rotation till the eve of the twentieth day, when the duties mufl have been paid, the tea landed, or be liable to feizure ; then the military guard was withdrawn, or rather omitted being polled ; and a number of perfons in difguife force- ably entered the (Ifips (three being by this time arrived) fplit open thechefls, and emptied all the tea, being often tnoufand pounds flerling value, into the dock, and per- fumed the town with its fragr-^nce. Another circumftance ought not to be omitted : the afternoon before the deft ruc- tion of the tea, the body fent the owner of one of the fhips to the Governor, to dcnwnd a pafs j he anfwcred, that he %vould ( 31 ) would as foon give a pafs for that as any other veflel, if he had the proper certificate from tht cuftom-houfc» without which he could not give a pafs for any, confift- ent with his duty. It was known that tiiis would be the anfwer, when the melTage was fent ; and it was with the utmoft difRcuky that the body were kept together till the meflengcr returned. When the report was made, a ihout was fet up in the galleries and at the door, and the meeting immediately difperfed. The Governor had, pre- vious to this, fent a proclamation by the fheriff, com* manding the body to difperfe ; they permitted it to be re^d, and anfwered it with a general hifs. Thefe are the fadls as truly and fairly ftated, as I am able to ftate them. The oftenfible rcafon for this condud, was the tea's be- ing fubjc£t to the three-penny duty. Let us take the advocates for this tvanfadion upon their own principle, and admit the duty to be unconftitutional, and fee how the argument ftands. Here is a cargo of tea, fubjeft, upon its being entered and landed, to a duty of three-pence per pound, which is paid by the Eaft-India company, or bf cheir fadors, which amounts to the fame thing. Unleft we purchafe the ica-, wc Ihall never pay the duty ; if we purchafe it, we pay the three-pence included in the price; therefore, left we lliould purchafe it, wc have a right to deftroy it A flimfy pretext ! and it cither f^ppofcs the peo- ple deftitutc of virtue, or that their purchafing of the tea was a matter of no importance to the community ; but even this gauze covering is ftripped off, when we confider, that £he Bollon merchants, and fomc who were adivc at the body-meeting, were every day importing from Eng- land large quantities of tea, fubjed to the fame duty, and vending it unmolelted ; and at this time ha:l orders lying in their correfpondents hands, to fend them conliderable quantities of tea, in cafe the Eafl-India company fhould not fend it themfelves. When the news of this tranfadion arrived in England, and it was confidered in what manner almoft every other n gulation of trade had been evaded by artifice, and when artifice could no longer fcrve, recourfe was had to violence ; the i: *i •1^ ( 3'2 ) the Brit'^Hi Hon wa? rcnfed. The crown-lawyers Were call- ed upon for the law •, tliev aufwcrcd, high-trealbn. Had a Cromwell, whom fomc amongft us deity and imitate, in all his iniitable perl'edions, had the guidance of the na* tional ire ; unlels compcnfation had been made to the fuf* fcrers immediately upon its being demanded, your proud capital had bten levelled with the dull: ; not concent with that, livers of blood would have been (htd to make atone- ment for the injured" honour of the nation. It was debated whedier to attaint the principals of trealbn. We have i gracious king upon the throne, he telt the rcfcntment oi a man, foftencd by the rclentings of a parent. The bowels of our mother-country yearned towards her refradory, ob- ftinatc child. Ic was determined to confider the offence in a milder light, and to compel an indemnification for the fufferers, aiid prevent the like for the future, by fuch means as would be mild, compared with the infult to the nation, or fcvere, "s our future conduct fhould be : That was to depend upon us. Accordmgly, the blockade ad was pafied ; and had an a(5t of juRicc been done in indemnifying the fufferers^ and an acl of loyalty in putting a Itop to leditious prac- tices, our port had long fince been opened. This a6t has been called u^iuft, became it involves the innocent in the iame predicament with the guilty : But it ought to be con- fidered, that our news-papers had announced to the world, that leveral thoufands attended thoil body-meetings ; and it did not appear, that there was one diflentient, or any proteft entered. I do not know, how a perfon could ex- pert diftindlion in fuch a cafe, if he negicded to diftin- guilh himlelf. When the nobk lord propofed it in the houie of commons, he called upon all the members pre- lent to mention a better method of obtaining jultice in this cale: fcarce one denied the neccfiity of doing fomething 5 but none could mention a more eligible way. Even minifr ferial oppofition was abaflicd. If any parts of the adt ftrike U5, like the feverity ot a mailer -, let us coolly ad- vert to the aggravated infult, j- iid, perhaps, we fhall won- der at the kiiity of a parent. After this tranfadtion^ all ; . . parties ( 33 ) J)arties feem to have laid upon their oars, waiting to fee what parliament would do. When the blockade adl ar- rived, many and many were defirous of paying for the te^ immediately ; and fome, who were guiltleis of the crimen offered to contribute to the compenfation : but our leading whigs muft ftill rule the roaft, and that inaufpicious influ- ence, that had led us hitherto, plunged us ftill deeper in mifery. The whigs faw their ruin conneded with a com-; pjiance with the terms of opening the port ; as it would afford a convincing proo^ of the wretchedneis of their po- licy in the deflrudion of the tea, and as they might juftly have been expe*5ted to pay the money demanded themielves ^ . and fo fet thcmfelves induliriouily to work to prevent itj arid engage the other colonies to efpoufe their catile. This, was a ci-ifis too important and alarming to the pro- vince to be neglected by its friends. A number of as re- fpe6lable peifons as any in this province, belonging tot Bbfton, Cambridge, Salem, and Marblehead, now came: forward, publicly todifavow the proceedings of the whigs^ to do juffice to the much injured characler of Mr. Hutch- infon, and to ftrengthen his influence at the court of Great- Britain, where he was going to receive the well-deferved plaudit of his fovereign, that he might be able to obtain a repeal or fome mitigation of that adt, the terms of which,- they forefaW, the perverfenefs of the whigs would prevent a compliance with. This was done by feveral addreffes^- \vl:ich were fubfcribed by upwards of two hundred perfons,- •;;., that hufband has been feparated irom wife, father from fon, brother from bro- ther, the fweet intercourfe of conjugal and natural affection interrupted, and the unfortunate refugee forced to abandon all the comforts of domeliic life. My countrymen, I beg you to paufe and refled on this condud : havtf not ihcle people, that are thus infulted, as good a right to think and ad for themfelves in matters of the lail importance as the whigs .? Are they not as clolely conneCled with the in- tereft of their country as the whigs ? Do not their former lives and converfations appear to have been regulated by principle, as much as thole of the whigs ? You muft an- Iwer, yes. Why then do you fuffer them to be cruelly treat- ed for differing in fentiment from you ? Is it confiltent with that liberty you profels ? Let us wave the confidcration of right and liberty, and lee if this condudt can be reconcil- ed to good policy. Do you exped to make converts by it? Perfecution has the fame effcd in politicb, that it has in re- ligion ; it confirms the Icdary. Do you wifh to filcnce them, that the inhabitants of the province may appear una- F 2 ninious ■ ■■ 1' '•■Vf If .ill ( 36 ) pimous ? The mal-treatment they received for diffbring from you^ is an undeniable evidence that we are not un- animous. It may not be amifs to confider, that this is a changeable world, and time's rolling wheel may, ere long, bring them uppermoft ; in that cafe, I am fure you would pot wilh to have them fraught with refentment. It is afto- nifhing, my friends, that thofe, who are in purfuit of liber- ty, Ihould ever fuffcr arbitrary power, in fuch an hideous form and fqualid hue, to get a footing among them. I ap- peal to your good fenfe •, I know you have it, and hope to penetrate to ir, before 1 have finifhed my publications, not- withftanding the thick atmofphere that now invelopes it. Bur, to return from my digrefllon. The committee of f orrefpondence reprefented the dcftru6lion of the tea in their pwn way. They reprefented thole that addreffed Governor Hutchinfon, as perfons of no note or property •, as mean, bafe wretches and feekers, who had be'^n facrificing their country in adulation of him. Whole ^tions have wor- ihipped the rifing, but, if this be an inft.nce, it is the only inftance of people's worfhipping the letting, fun. By this means, the humane and benevolent in various parts of the (Tontinenr, were induced to advife us not to comply with the terms fur opening our port, and engaged to relieve us with ^heir charities, from the diftrefs that muflotherwife fall upon the poor. Their charitable intentions may aicend to hea- ven, like incenfe from the altar, in fwect memorial before the throne of God •, butthtir donations came near proving fatal to the province : It encouraged the whigs to pcrfevere in injuftice, and has been the means of feducing many an honeft man into the commiffion of a crime, that he did not fufpedt himfelf capable of being guilty of. What I have told you, are not the fuggeftions of a fpeculatift ; there are fome miftakes as to numbeis, and there may be fome as. to time and place, partly owing to mifcopying, and partly to my not always having the books and papers neceffary %o greater accuracy, at hand j but the relation of fadls is iri fubllance true, I had almoft faid, as holy writ.-— I do not sfK you to take the truths of them from an anonymous wri- itr: The evidence of m.oft of them is within your reach, examine for yourfclves : — I promile, that the benefit you •will, '( 37 ) will reap therefrom will abundantly pay you for the trouble vf the refearch ; you will find* I have faithfully unriddled the whole myftery of our political iniquity. I do not ad- drefs myfelf to whigs or tories, but to the whole people, I know you welL You are loyal at heart, friends to good order, and do violence to yourfelves in harbouring, one moment, difrefpeftiul fentimcnts towards Great -Britain, the land of our forefathers' nativity, and facred repofitory of tiicir bones : but you have been moft infidioufly in- duced to believe, that Great-Britain is rapacious, cruel, and vindidtive, and envies us t!ie inheritance purchafed by the Iweat and blood of our anceftors. Could that thick mift that hovers over the land, and involves it in more than Egyptian darknefs, be but once difpelled, that you might fee our fovereign the provident father of all his people, and Great-Britain a nurfing mother to thefe colonies, as they really are ; long live our gracious king, and happinefs to Britain, would reibund from one end of the province to the other. MASSACHUS£TT£NSIS. January 2, 1775. . LETTER V. ^0 the Inhabitants of the Province of Majfachufetts-Bay^ My dear Countrymen. S.OME of you may perhaps fufpedt that I have been ) wantonly fcatteriiig firebrands, arrows and death, to gratify a malicious and revengeful difpofition : The truth IS this •, I had feen many excellent detached pieces, but could fee no pen at work to trace our calamity to its fource, and point out the many adventitious aids, that confpired to raiie it to its prefent height ; though I impatiently ex- pedled it, being tully convinced that you wait only to know the true ftate of fads, to redify whatever is amifs in the province, without any foreign afliftance. Others may be induced to think, that I grudge the induftrious poor of Bofton their fcantlings of charity. I will ifTue a brief in their favour. The Opulent, be their political fentimentsi jyhat they may, ought to relieve them from their llifFerings, and i 111 ^ I M S ( 38 ) «nd thofc who, by former donations, have been the innocent .cauie of pro' /aifl'.ng their fufFerings, are under a tenfold cbViga " 3n to aF^ft them now j and at the fame time to m^k^ ""he ir ft explicit declarations, that they did not in- .lena to promote nor ever will join in rebellion. Great al- lowances are to be made for the erodings, windings and tergiverfations of a politician : he is a cunning animal, and as government is faid to be founded in opinion, his tricks •may be a part of the arcana imperii. Had our politicians confined themfelves within any reafonable bounds, I never Ihould have mokfted them ; but when I became fatisfied, that many innocent, unfufpeding perfons were in danger of being drenched with blood and carnage, I could reftrain my emotions no longer; and, having once broke the bands of natural referve, was determined to probe the fore to the bottom, though I was fure to touch the quick. It is very foreign from my intentions to draw down the vengeance of Great- Britain upon the whigs ; they are too valuable a part of the community to lole, if they will permit them- felves to be faved : I wilh nothing worfe to the higheft of them, than that they may be deprived of their influence, till fuch time as they ihall have changed their fentimehts, principles and m«afures. Sedition has already been marked through its zigzag path to the prefent times. When the ftatute for regula- ing the government arrived, a match was put to the train, and the mine, that had been long forming, fprung, and threw the whole province into confufion and anarchy. The occurrences of the fummer and autumn paft are lo recent and notorious, that a particular detail of them is unnecef- fary. Suffice it to fay, that every barrier that civil go- vernment had eredled for the fecurity of property, liberty and life, was broken down; and law, conftitution and go- vernment trampled under by the rudeft invaders. 1 (liall 7!0C dwell upon thefe harfh notes much longer, I fhall yet becomiC an advocate for the leading whigs •, much muft be allowed to men in their fituation, forcibly aduated by the chagrin of difappointment, the fear of punifliment, and the fafcmation of hope at the lame time. Perhaps b di ( 39 ) Perhaps the whole ftory of empire does not fnrnifli ano- ther inftance of a forcible oppofition to government witfi fo much fpecious and fo little real caufe, with fuch apparent probability without any pofTibility of fuccefs. The ftamp- a6t gave the alarm. The inftability of the public counfelr,. from the Grenvillian adminiftration to the appointment of the earlof HilKborough to the American department,afFord- ed as great a profpedof fuccefs, as the heavy duties, impof- ed by the (lamp-ad, did a colour for the oppofition. It was necefTary to give the hiftory of this matter in its • courfe, offend who it would, becaufe thofe afts of govern- ment, that as walled the greateft grievances, became pro- per and neceflary, through the mifconduft of our politi- cians-, and the juftice of Great-Britain towards us, could not be made apparent without firft pointing out that. I intend to confider the afts of the Britifli government, which are held up as the principal grievances, and enquire whether Great-Britain is chargeable with injuftice in any one of them ; but muft firft a{k your attention to the au- thority of parliament. 1 fufped many of our politicians . are wrong in their firft principle, in denying that the con- ftitutional authority of parliament extends to the colonies v if fo, it muft not be wondered at, that their whole fabric is fo ruinous : I (hall not travel through all the arguments that have been adduced, for and againft this queftlon, but attempt to reduce the fubftanceof them to a narrow com- . pafs, after having taken a curfory view of the Britifli con- llitution. The fecurity of the people from internal rapacity and violence, and from foreign invafion, is the end and dcfigr» of government. The fimple forms of government are monarchy, ariftocracy and democracy, that is, where the authority of the ftate is vefted in otje^ a few, or the many^ Each of thefe fpecies of government has advantages peculiar to itfelf, and would anfwer the ends of government, were the perfons, intrufted with the authority ot the ftate, always guided themfelves by unerring wifdom and public virtue ;. but rulers are not always exempt from the weaknefs and depravity, which make government ne^ellary to fociety. Thus ",i im \K , W 11 m'h' ( 40 ) t'hus monarchy is apt to rufh headlong Into tyranny, ari- itocracy to beget fadlion and multiplied iirurpation, and democracy to degenerate into tumulr, violence and anar- chy. A government, formed upon thefc three principles in due proportion, is the beft calculated to anl'wer the ends of governmfenr, and to endure. Such a government is the: Britifh conftitution, confifting of King, Lords and Com- mons, which at once includes the principal excellencies,, and excludes the principal defeds of the other kinds of government. It is all >wed, both by Englifhmen and fo- reigners, to be the moll perfect fyllem that the wifdom of ages has produced. The diHributions of power are fojuft^ and the proportions fo exafl, as at once to fupport and controUl each other. An Englifhman gloHes in being fub- jed to and proteded by fuch a government. The colonies are a part of the Britifh empire. The befl writers upon the laws of nations tell us, that when a nation takes poirefllort of a diftant country, and fettles there, that country, though feparated from the principal eftablilhment or mother-coun- try, naturally becomes a part of the ftate, equal with its ancient pofleiTions. Two fupreme o** independent autho- rities cannot exifl in the fame ilate. It would be what is called imperium in imperio, and the height of political abfurd- ity. The analogy between the political and human body is great. Two independent authorities in a flat'e would be like two diftin6t principles ot volition and adlion in the hu- man bodyj diffenting, oppofing, and deftroyingeach other. If then we are a part of the Britifh empire, we muft be fubject to the lupreme power of the ftate, which is veftecl in the eftates of parliarhent, notwithflanding each of the colonies have legillative and executive powers of their own, delegated or granted to them for the purpofes of regulating their own internal police, which are fubordinate, and muft necefTarily be fubjed, to the checks, controul and re- gulation of the fupreme authority. TMs dodtrine is not new -, but the denial of it is. It is beyond a doubt that it was the fenfe both of the parent country and our anceftors, that they were to remain lubjedt to parhament j it is evident from the charter itftif, and ' ' ^ this lllii ( 4t ) this authority has been exercifed by parliament, from time to time, almoli; ever fmce tlie firft lettlement of the coun- try, and has been cxprcfsly acknowledged by our provin- cial legiflatures It is not lefs our intereft than our duty to continue fubje^t to the authority of parliament, which will be more fully conlidered hereafter. The principal argu- ment againft the authority is this -, the Americans are enti- tled to all the privileges of an englifliman *, it is the pri- vilege of an englifhman to be exempt from all laws that he does not confent to in perfon, or by reprefentative; the Ame- ricans are not reprefentcd in parliament, and therefore areex- cmptfrom ads of parliament, or, in other words, not fubje61: to its authority. This appears fpecious; but leads to fuch ab- furdities as demonftrate its fallacy. If the colonies are not fubjed to the authority of parliament, Great-Britain and the colonies muft be diftind ftates, as completely fo as England and Scotland were before the union, or as Great* Britain and Hanover are now. The colonies in that cafe will owe no allegiance to the imperial crown, and perhaps not to the perfon of the King; as the title to the crown is derived from an acl of parliament, made fince the fettle- ment of this province, which ad refpcds the imperial crown only. Let us wave this difficulty, and fuppofe alle- giance due from the colonies to the perfon of the king o£ Great Britain •, he then appears in a new capacity, as king of America, or rather, in feveral new capacities, as kingo^ MalTachuletts, king of Rhode-Ifland, king of Connedicut,. &:c. &c. P'or, if our connedion with Great Britain, by the parliament, bedilfolved, we Ihall have none among ourfelvesj" but each colony will become as diftind from the others, as England was frofti Scotland before the union. Some have fuppofed, that each ftate having one and the fame perfon for its king, it is a fufficient connedion: Were he an abfolute monarch, it might be -, but, in a mixed govern* mcnt, it is no union at all. For, as the king muft govern each ftate by its parliament, thofe feveral parliaments would purfue the particular intereft of its own ftate ; and however well difpofed the king might be to purfue a line of intereft' that was common to all, the checks and controul, that he would meet witli, would render it impoflible. If the king .© ©f ll -. ( 42 ) of Grat-Biit./in has really thefc ne\/ capacities, they ongfit To be ad(J; :?! ■ ( 44 ) the, major mufl rule the minor. After many more centu- ries fhall have rolled away, long after we, who are now buft- ling upon the ftage of life, (hall have been received to the bofoin x)f mother earth, and our names are forgotten •, the colonies may be fo far cncreafed as to have the bahmce of wealth, numbers, and power in their favour The good of the empire may then make it neceffary to h..' tlie f'at of government here ; and fome future George, equally the friend of mankind with him who now iways the Hritifb fcep- tre, may crofs the Atlantic, and rule Great Britain by am American parliament. M AS S AC HU SET TEN SIS. January 9, 1775. L E T T E R Vr. 7s' the Inhabitants of the Province of Maj]achufetts-Bay» HA D a perfon, fome fifteen years ago, undertaken to prove that the colonies were a part of the Britilh empire or dominion, and, as fuch, fubjed to the authority of theBritilh parliament; he would have acted as ridiculous a part, as to have undertaken to prove a ielf-evident pro- pofition : Had any perfon denied it, he would have been called a fool or madman. At this wife period, ii;diviuiials and bodies of men deny it, notwithftandmg in doing it they fubvert the fundamentals of government, deprive us oif Britifii liberties, and build up abfolute monarchy in the colonies J for our j^iharters fuppofe regal authority in the grantor. If that authority be derived from the Britilh crown, it prae-fuppofes this territory to have been a part of the Bri- tifh dominion, and as fuch fubjed: ro the imperial lovereigno IJF that authority was vetted in the perfon of the King, in a different capacity; theBritifh conftitution and laws are out of the queilion, and the King muft be as abfo^ute to us, as tho' his prerogatives had never been circumfcribed. Such muft have been the fovereign authority of the feveral Kings, who have granted American charters, previous to the le- veral grants: there is nothing to detrad from it, at this time in thgfe colonies thiit are dcfticutc of charters v ^^nd ~ - the 'i\:M\ lit ( 45 ) the char«-^i* governments muft then feverally revert to sb- IbUite monarchy as their charters may happen to be forfeit* ^d by the grantees not fulfilling the crnditions ot them, for every charter contains an exprefs or implied condition. It is curious indeed to trace tlic denial and oppugnation to the fupreme authority of the Hate. When the (lamp- a£l was made, the authority of parliament to impofe inter- nal taxes was denied, but their right to impole external ones, or, in other words, to lay duties upon goods and merchandil'e, was admitted. When the a6i: was made, im- pofing duties upon tea. Sec a new diftinccion was fet up ; that the parliament had a right to lay duties upon mer- chandife for the purpofe of regulating trade, but not for tl w purpofe of raifing a revenue; That is, the parliament had good right and lawful authority to lay the former duty of a (hilling on the pound, but had none to lay the prcfcnt duty of three pence. Having got thus far fafe, it vyas only taking one ftep more to extricate ourlelves en- tirely from their fangs, and become independent ftates : That our patriots moll heroically reiblved upon, and flatly denied that parliament had aright to make any laws what- ever, thar Ihould be binding upon the colonies. There is no poiTible medium between ablolute independence and fubjedtion to the authority of parliament. He muft be blind indeed that cannot fee our deareft intereft in the latter, notwithftanding many panr after the former : miC- guided men ! could they once overtake their wilh, they would be convinced of the madnefs of the purfuit. My dear countrymen, it is of the laft importance that we fettle this point clearly in our minds ; it will ferve as a fure teft^ certain criterion, and invariable Handard, to diftin- guilh the friends from the enemies of our country, patriot- ifm from fedition, loyalty trom rebellion. To deny the fupreme authority of the ftate is a high mifdcmcanor, to fay no worfe of it ; to oppofe it by force is an overt act of " eafon, punifliable by^ confifcation of cftatc and a moft ignominious death. 1 he realm of England is an appro- priate term f:r the ancient realm of England, in contra- diltind'ion to Wales and othcf territories that have been an- ■n m !■ li ■'11 li ( 46 ^ innexcd to it. Thefe, as they have been ftverally anncxecf to the crown, whether by conqueft or otherwilc, became a part of the empire, and fubjedt. to the authority of par- liament, whether they fend members to parliament or not, and whether they have legiflativc powers of their own or not. Thus Ireland, which has perhaps the greateft pofllblc fubordinate legiUature, and fends no members to the Britifh parliament, is bound by its afts, when exprefsly named. Guernfey and Jerfey are no part of the realm of Eng- land, nor are they reprefented in parliament, but are lub' jed to its authority : And, in the fame predicament are the American colonies, and all the other difperfions of th^ empire. Permit me to requeft your attention to this fub- je6t a little longer : I aflure you it is as interefting and im- portant, as it is dry and unentertaining, L -t us now recur to the firft charter of this province, and we fhall find irrefiftable evidence, that our being part of the empire, fubje6t to the fupreme authority of the Hate, bound by its Jaws and entitled to its protedtion, were the terms and conditions by which our anceftors held their lands and fettled the province. Our charter, like all other American charters, is under the great feal of England j the grants are made by the King, for his heirs and Juccef- forsy the feveral tenures to be of the King, his heirs and fuccejjors: in like manner are the refervations. • It is appa- rent, the King afted in his royal capacity, as King of Eng- land, which neceffarily fuppofes the territory granted, to be a part of the Englilh dominions, holden of the crown of England, . The charter, after reciting feveral grants of the territory to Sir Henry Rofwell and others, proceeds to incorporation in thefe wore ' And for as much as the good and prof- * perous fuccefs of the plantations of the faid parts of New- * England aforefaid intended by the faid Sir Henry Rofwell * u.id others, to be fpecdily fet upon, cannot but chiefly * depend, next under the blefling of almighty God and the * fupport of our royal authority, upon the good govern- * ment of the fame, to the end that the affairs of bufinefs^ • which ( 47 5 * which frorrt time to time fhall happen and arife concern-* ' ing the laid lands and the plantations of the lame may b«- ' the better managed and ordered, we have further hereby^ * ot our fpccial grace, certain knowledge and mcer motion, * given, granted and confirmed, and for us, cur heirs and ' iuccellbrs, do give, grant and confirm unto our faid trufty ' and well beloved fubjefts. Sir Henry Rofwell, &c. and ' all fuch others as Ihall hereafter be admitted and made * free of the company and fociety hereafter mentioned, fhall ' from time to time and at all times, forever hereafter, be, * by virtue of thefe prefents, one body corporate, politic in * fa^ and name, by the name of the Governor and company ' of the Majjachufetts-Bay, in New-England ; and them ' by the name of the Governor and company of the Maf- ' fachufetts-Bay, in New-England, one body politic and ' corporate in deed, fa61: and name. We do for us, our * heirs and fucceffors make, ordain, conftitute and confirm * by thefe prefents, and that by that name they fhall have * perpetual fucccfiion, and that by that name they and their ' luccefibrs fhall be capable and enabled as well to implead * and to he impleaded^ andtoprofecute, demand and anfwer and ' be anizvered unto all and fingidar fiats, caiSes, quarrels and * anions of what kind or nature foever ; and iiifo to have, take^ *" pofj^fs., acquire and purchafe,, any lay , tenements and he* * reditaments, or any goods or chatties, the fame to Icafe, grants ' demife, aliene, bargain^ fell and difpofe of, as c:,r liege people * of this our realm of Enghmd, or any other corporai Ion or boay ' politic of the fame, may do.* I would beg leave to a(k one fimple queilion, whether this looks like a diftind ftatp or independent empire, riovifion is then made for eledl. ig a governor, deputy sovcrnor and eighteen alTiftants. After which is this claule : ' We do for us, our heirs and fuccef- ' fors, cive and grant to the laid goveraor and comp - / * and their fuccelTors, that the governor, or in his abfence ' the deputy-governor, of the faid company for the time ' being, and liich of the affiftants or freemen of the faid * company as fhall be prefent, or the greater number of * them fo alfembled, whereof the governor or deputy* * governor and fix of the affiftants, at the Icaft to beleven, fiiall :\-i Greats 1- "■rr.Tr C 6i ) Great-Britain, nOw daggering and finking under "the loatl ' of your own taxes, and the weight of your own goyern- ■> ment. Confider further, that to render government ope-; native and falutary, Jubordination is neceflary. This our patriots need not be told of; and when once they had mounted the Iked, and found themfelves fo well feated as tiyj^Mn no riflv of being thrown from the faddle, the feverity of their diicipline to reftore fubordinarion, would be in proportion to their former treachery in deftroying it. We have already feen fpecimens of their tyranny, in their in- human treatment of perfons guilty of no crime, except that of differing in fentiment from themfelves. What then niufl: we exped from fuch fcourges of mankind, when fup- ported by imperial power ? To elude the difficulty, refulting from our defencelefe fituation, we are told, that the colonies would open a free trade with all the world, and all nations would join in pre- ceding their common mart. A very little refledion will convince us that this is chimerical. American trade, how- ever beneficial to Great-Britain, while Ihe can command it, would be but as a drop of the bucket, or the light duft of the balance, to all the commercial ftates of Europe. Befides, were Kritilh fleets and armies no longer deftined to our protedion, in a very Ihort time France and Spain would recover poircfTion of thole territories, that were torn, reludtant and blt-cding from them, in the laft war, by the fuperior ftrength of Britain. Our enemies would again extend their line of fortification, from the northern to the fouthern (bore, and by means of our late fettlements ftretch- ing themi'elves to the confines of Canada, and the com- munication opened from one country to ^the other, we fhould be expofed to perpetual incurfions from Canadians and lavages; but cur dillrels would not end here, fqr when once thefe incurfions fliould be fupported by the formidable armaments of France and Spain, the whole continent would become their eafy prey, and would be parcelled out, Poland like. Recoiled the conlVernation we were thrown into laft war, when Fort- William Henry was taken by the French ; It was apprehended that ail New* W.r, =|; 'H !■ ?';-, Mil . I m in » m M m- m m t 62 )• New-England would be over-run by their conquering arms. It was even propofed, for our own people to burn and lay wafte all th". country weft of Conne6bicut fiver, to impede the enemic. Tiarch, and prevent their ravaging the country eaft of it. This propolal came from no inconfi- derable man. Confider what muft really have been our fate, unaided by Britain laft war. Great-Britain afide, what earthly power cculd ftretch out the compaflionate arm to fhield us from thole powers, that have long beheld us with the fharp, piercin^i eyes of avidity, and have heretofore bled freely and expended their millions to obtain us ? Do you fuppofe their lull of empire is fatiated ? Or do you fuppofe they would fcorn to ob- tain fo glorious a prize by an eafy conqueft ? Or can any be fo vifionary or impious as to believe that the Father of the univerfe will work miracles in favour of rebellion, and, after having by fome unfeen arm and mighty power deilroyed Great- Britain for us, will in the fame myfterious way defend us againll other European powers ? Sometimes we arc told, that the colonies may put themfelves under the proteftion of fome one foreign ilate ; but it ought to be confidered that, to do that, we muft throw ourfelves in- to their power. We can make them no return for protec- tion but by trade, and of that they can have no afTurance, tinle/s we become juhjeSl to their laws •, this is evident by our contention with Britain. V/hich ftate would you prefer being annexed to, France, Spain, or Holland ? 1 fuppofe the latter, as it is a republic : but are you lure, that the other powers of Europe would fee idle fpe6i:atcrs, content to fuffer the Dutch to engrofs the American colonies or their trade ? And what figure would the Dutch probably make in the unequal conteft ? Their fword has been long fince flieathed in commerce. Thofe of you that have vifited Surinam, and fecn a Dutch governor dilpenfmg at difcretion his own opin'ons for law, would not luddenly exchange the Engliih for l^utch government; ■• j. >'i ■ ' . I will fubjoin fome obfervations from the Farmer's hit- ters : \ When the appeal is made to the fword, highly ( 63 ) probablelt is, that the punifliment will exceed the offenccj; and the calamities attending on war out-weigh thofe preceding it. Thefe confiderations of juftice and pru- dence, will always have great influence with good ami wile men. To thefe reflc6tions it remains to be added, and ought for ever to he remembered, that refiftance, in the cafe of rhe colonies againft their mother-country, is extremely different from the refiilance of a people againft their Prince : A nation may change their King or race of Kings, and, retaining their ancient form of government, be gainers by changing. Thus Great-Britain, under the il- luftrious houfe of Brunfwick, a houie that fecms to flouriih for the happincfs of mankind, has found a feli- city unknown in the reigns of tie Stuarts. But if once we are feparated from our mother-country, what new form of government fliall we adopt, or v/here ihall we find another Britain to fupply our lofs ? Torn from tlie^ body to which we are united by religion, laws, affedion, relation, language and commerce, we mud bleed at every vtiti. In truth, the prosperity of these provincjss IS FOUNDED IN THEIR DEPEN DANCE ON Gl? E AT-Br ITAIN. * M A S S A C H U S E T T E N S I S. January 30, 1775. , . . . ,, ,. ■ ' . - 'LETTER JX, To the Jnhahiiants of the Pr evince of Ma[jachufetti'Bay, WHEN we refled upon the conftitutionalconne61:ion between Great-Britain and the colonics, view the reciprocation of intcreil, confider that the v/elfare of Bri- tain in fome mealiire, and the profperity of America wholly, depends upon that connection ^ it is aftonifbing, indeed almofl incredible, that one pcrion fliould be found on either fide ot the Atlantic, fo bale and dcilituteof every fentiment ot" judicc, as to attempt to deftroy or weaken it. If there are none fuch, in the name or Almighty God, let me afk •, wheretorc is rebellion, that implacable fiend to fociety, fullered to rear its ghalfly front atnong us, blaft- ing with haggard look each fociai joy, and embittering every hour ^ Ke-» If' I i i i- ' k r A' IT MA * , ( 64 ) "^ "Rebellion is fhe moft atrocious ofFence tliat cah be p^f"-* pctrated by man, fave thofe which are committed more im- medfatcly againft the fupreme Governor of the tiniverfc^ who is the avenger of his own caufe. It diflblvcs the fo* cial band, annihilates the fecurity relulting from law and government, introduces fraud, violence, rapine, murder, facrilege, and the lortg train of evils that riot uncontrouled in a ftate of nature. Allegiance and protection are reci- procal. The lubj-dt is bound by the compa(51: to yield obedience to government, and in return is entitled to pro- tedion from it. Thus the poor are protefted againft the rich, the weak againft the ftrong, the individual againft the many; and this protedlion is guaranteed to each mem- ber, by the whole community : but when government is laid proftrate, a ftate of war of all againft all commences j might overcomes right ; innocence itfelf has no fecurity^ unlefs the individual fequcfters himfelf from his fellowmen, inhabits his own cave, and feeks his own prey. This is what is called a Hate of nature, I once tho^ht it chimerical. i^> ^ ^ ' -*^ i«\ 4 The punifhment, inftifted upon rebels and traitors in all ilates, bears fome proportion to the aggravated crime* By our law the punifliment is, * That the offender be drawn * to the gallows, and not be carried or walk 5 that he bef • hanged by the neck, and then cut down alive, that his * entrails be taken out and burned while .he is yet alive^ • that bis head be cut off, that his body be divided into * four parts, that his head and quarters be at the King** • difpofal.* The confequerices of attainder are forfeiture and corruption of blood. ' Forfeiture is twofold, of real a.nd of perfonal eftate ^ b/ • attainder in high treafon a man forfeits to the King all his • lands and tenements of inheritance, whether fee fimple * or fee tail, and all his rights of entry on lands and tene^ • ments, which he had at the time of the ofFence committed^ * or at any time afterwards, to be for ever vefted in the ' crown. The forfeiture relates back to the time of the" A treafon being committed, ib as to avoid all intermediate * falcs and incumbrances -, even the dower of the wife is for-- . fcitedr I i ( 65 ) * ffited. The natural juftice of forfeiture or confifcatioa * of property, fortreafon, is founded in this confideration, * that he, who has thus violated the fundamental principles ' of government, and broken his part of the original con- * tradi: between King and people, hath abandoned his con- * neftions with fociety, and hath no longer any right to thofe ' advantages, which before belonged to him, purely as a * member of the community ; among which focial advan- * tages the right of transferring or tranfmitting property to * others, is one of the chief. Such forfeitures., moreover, * whereby his pofterity muft fufFer as well as himfelf, will * help to reftrain a man, not only by the fenfe of his duty * and dread of perfonal punifliment, but alfo by his pafllons * and natural affections-, and will influence every dependent * and relation he has to keep him from offending.* 4 Black. 374. 375- It is remarkable however, that this offence, notwith- ftanding it is of a crimlbn colour and of the deepefl: dye, and its juft punifliment is not confined to the perfon of the of- fender, but beggars all his family, is fometimes committed by perfons who are not confcious of guilt: Sometimes they are ignorant of the law, and do not forefee the evils they bring upon fociety ; at others, they are induced to think that their caufe is founded in the eternal principles of jufliice and truth, that they are only making an appeal to heaven, and may jufl:ly exped its decree in their favour, Doubtlefs,manyof the rebels in the year 1745 were buoyed up with fuch fentiments: neverthelefs they were cut dowa like grafs before the fcythe of the mower •, the gibbet and fcaffold received thofe that the fword, wearied with de- ftroying, had fpared ; and what loyalifl: flied one pitying tear over their graves ? They were incorrigible rebels, and deferved their fate. The community is in lefs danger ■when the difaffe<5ted attempt to excite a rebellion againft the perfon of the Prince, than when government itfelf it the obje6t ; becaufe in the former cafe the queftions are few, fimple, and their folutions obvious, the fatal confc* quenccs more apparent, and the loyal people more alert to m m m hi 1 3' M, I; I . ( 66 ) fupprcfs it in embryo : whereas, in the latter, a hundred rights of the people, inconfiftent with government, and as many grievances, deftitute of foundation, the mere crea- tures of diftempered brains, are poiirtrayed in the livelieft colours, and fcrve as bug-bears to affright from their duty, or as decoys to allure the ignorant, the credulous and the unwary to their deftrudtion. Their fufpicions are drowned in the perpetual roar for liberty and country ; and even the profeflions of allegiance to the'perfon of the King, are im- proved as means to fubvert his government. In mentioning high-treafon in the courfe of thefe papers, I may not always have exprelfed myfclf with the precifion c '^ the lawyers •, they have a language peculiar to them- ftives : I have examined their books, and beg leave to lay before you fome further cxtradls which deferve your at- tention : ' To levy war againft the King, was high-trea- fon by the common law, 3 inft. 9, This is alfo declared to be high-treafon by the flat, of 25 Ed. 3. c. 2. and by the law of this province, 8 W. 3. c. 5. — AfTembling in warlike array, againft a ftatute, is levying war againft the King, I Hale 133. So, to deftroy any trade generally, 146. riding with banners difplayed, or forming into comja- or being furniflied with military officers — or armed nies- with military weapons, asfwords, guns, &c. any one of thele circumftances carries the fpeciem belli, and will fupport an jndidlmentibr high-treafon in levying war, 150 — An in- iurredion to raile the price of fervants wages was held to be an overt aft of this fpecies of treafon, becaufe this was done in defiance of the ftatute of labourers, it was done in defiance of the King^s authority, 5 Bac. 117. cites 3 inft, 10. —Every aflembling of a number of men in a warlike man- ner, 'with a defign to rcdrefs any 'public grievance, is like- wife an overt adt of this fpecies of treafon, becaufe this, be- ing an attempt to do that by private authority, which only ought to be done by the King's authority, is an invafion of the prerogative, 5 Bac 117. cites 3 inft. 9. rta. p. 0.14, Kel. 71. Sid. 358, I Hawk, ^y, — Every affembling of a number of men in a warlike manner, with an intention to reform the government^ or the law, is an overt ad of this fpecie:^ ( 6; ) fpecies of treafoni 5 Bac. 117. cites 3 inft. g", 10. Poph. 122 Kcl. 76. 7. I Hawk, 37. — Levying war may be by taking arms, not only to dethrone the King, but under pretence to reform religion, or the laws, or to remove evil counfellors, or other grievances, whether real or pretend- edy 4 Black. 81. Forter 211. — If any levy war to expel ftrangers, — to deliver men out of prifon, — to remove coun- fellors,-— or againft any ftatute^ — or to any other end, pre- tending reformation of their own heads, without warrant ; this is levying war againft the King, becaufe they take upon them royal authority which is againft the King, 3 inft. 9. — If three, four or more, rife to pull down an inclofure^ this is a riot ; but if they had rifen of purpofe to alter re- ligion eftabliftied within the realm, or laws, or to go from town to town generally, and caft down inclofures, this is a levying of war (though there be no great number of con- fpirators) within the perview of this ftatute •, becaufe the pretence h public and general^ and not. private in particular, 3 inft. 9. Fofter an. — If any with ftrength and weapons, invafive and defenfive, do hold and defend a caftle or fo: t againft the King and his power, this is levying of war againft the King, 3 inft, 10. Fofter 219. i Hale 146.296, —It was refolved by all the judges of England in the reigti of Henry the 8th, that an infurredlion againft the ftatute of labourers, for the inhancing of falaries and wages, was a levying of war againft the King, becaufe it was gene- rally againft the King^^s law^ and the offenders took upon them the reformation thereof, which fubjedls by gathering of power, ought not to do, 3 inft. 10. — All rifings in or- der to effed innovations of a public and general concern, by an armed force, are, in conftruftion of law, high-trea- fon within the claufe of levying war.— For though they are not levelled at the pcrfon of the King, they are againft his royal Majefty. And befides, they have a dire<5t tendency to diflblve all the bonds of fociety, and to deftroy all pro- perty, and all government too, by numbers and an armed force, Fofter2ii. InBenftead'scafc, Cro.car.593. At a con- ference of all thejuftices and barons, it was relolved, that going to Limbech houle, in warlike manner, to furprife K 2 the It' mi ir l;v ( 68 ) tlie Arclibi{liop, who was a privy-counfellor (it being with drums and a multitude) to the number of three hundred perlons, was trcafon ; upon which Fofter (page 212) ob- serves, that if it did appear by the libel (which he fays was previoufly pofled up at the Exchange, exhortingtheappren- tices to rile and fack the Bilhop's houfe, upon the Monday following) or by the cry of the rabble, at Lambeth houfe, that the attempt was made on account of meafures ibe King hcd taken., or uas then taking at the irjiigation, as thty ima- git?cd, of the Jrchhijhcp^ and that the rabble had deliheratefyy and upon 'Jl public invitation^ attempted by »«w/'tfrj and open force, to take a Jevere revenge upon the privy counfelier for the meafures the Sovereign had taken or was purfuing •, the grounds and reafons of the refolution would be lufficiently explained, without taking that little circumftance of the drum into the cafe : — And he delivers it a*^ ' 's opinion (page 208) that no great ftrefs can be laid o. that diftindlion taken by Ld. C. J. Hale, between an infurredlion with, and cne without, the appearance of an army formed under lead' ers and provided with military weapons, and with drums, colours, &c. and fays, the want of thefe circumftances weighed nothing with the courc in the cafes of Damaree and Purchafe, but that it was fupplied by the number of the infurgents : That they v/ere provided with axes, crowa and luch like tools, ftinr arma minijlrat ; and adds (page 2v 8) the true criterion in all thefe cafes, is, quo animo, did the parties aflemblc, whether on account of fome private quarrel, or (page 21 1) to effect innovations of a /i«^//V and general Qov\Q(^Yn^ by an armed force. Upon the cafe of Da- rnarte and Purchafe (reported 8 flat. in. 218. to 285.) Judge Fofler obfervts (page 215) that * fincc the meeting- * hcufes of proteitant diflenters are, by the toleration aSl^ ' taken Ui.der prote^icm of the kw^ the infurredticn in * the prefent cale (being to pull down all diflenting pro* * tcftant mceting-houfei:) was to be confidered as a public * declaration of the rabble againft that a5f^ and an attempt; ' to render it inefft^ual by numbers and open force.' If there be a conj'piracy to levy war, and afterwards war is levied J the conlpiracy is, in every one of the confpitators, an ( ^9 ) an overt uSt of this fpecies of treafon, for there can be no accefTary in high-trealbn, 5 Bac. 115. cites 3 inft. 9. lo, 138 Hales P. C. 14. Kel. 19. 1 Hawk. 38. A com- palTing or con{piracy to levy war v no treafon, for there muft be a levying of war infa5lo. But if m?ny confpire to levy war, and fome of them do levy the fame according to the confpiracy •, this is high-treafon in all, for in treafon all are principals, and war is levied, 3 init. 9. Foftcr2i3. The painful taflc of applying the above rules of law to the ftveral tran lad ions that we have been eye-witnefles to, will never be mine. Let me however intreat you to make the application in your own minds ; and thofe of you that have continued hitherto " faithful among the faithlefs", Abdiel like, to perfevere in your integrity: and thofe of you that have already beenenfnared by the accurfed wiles of de- figning men, I would exhort to caft yourfelvcs immediately upon that mercy, fo confpicuous through the Britifh confti- tution, and which is the brighteft jewel in the imperialdiadem. MASSACHUSETTENSIS. February 6, 1775. LETTER X. To the Inhabitants of the Province of Ma[fachufetts-Bay, IOflfcred to your confideration, laft week, a few extracts from the law-books, to enable thofe, that have been but little converfant with the law of the land, to form a iudg- ment, and determine for themfelves, whether any have been lb far beguiled and feduced from their allegiance, as to commit the moil aggravated offence againft fociety,— high-trealbn. The whigs reply, riots and infurreAions are frequent in England, the land from which we fprang ; we are bone of their bone, and flefh of their flefh : — Granted ; but at the fame time be it remembered, that in England the executive power is commonly able and willing to fupprefs infurre6tions, the judiciary to diftribute impartial jullice, and the legiflaiive to aid and ftrengthen the two former if necelTary ; and whenever thefe have proved ineffectual to allay inteftine commotions, war, with its coDComitant hor- r if' ■:i,;tf ni'> ' IK t,.^ f 70 ) hbrrors, have paflcd through the land, marking their rout with blood : The bigger part of Britain has at fomc period or other, within the reach of hiftory, been forfeited co the crown, by the rebellion of its proprietors. Let us now take a view of American grievances, and try, by the fure touchftone of realbn and the conftirution, whether there be any a6l or adls, on the part of the King or parliament, that vvill juflify the whigs even in foro confcieniU^ m thus forcibly oppofing their government. Will the alte- ration of the mode of appointing one branch of our pro- vincial Icgiflature furnifli fo much as an excufe for it, con- fidering that our politicians, by their intrigues and machi- nations, had rendered the aflembly incapable of anfwering the purpofe of government, which is protection, and our charter was become as inefficacious as an old ballad ? Or can a plea of juftification be founded on the parliament's giving us an exadl tranfcript of P^nglifli laws for returning jurors, when our own were infufficient to afford compen- fation to the injured, to fupprcfs feditions, or even to re- ftrain rebellion ? It has been heretofore obferved, that each member of the community is entitled to protection ; for this he pays taxes, for this he relinquilhes his natural right of revenging injuries and redrefling wrongs, and for this the fword ofjuftice is placed in the hands of the magi- ftrare. It is notorious that the whigs had ufurped the power of the province in a great meafure, and exercifed it by revenging themfelves on their opponents, or in compel- ling them to inlift under their banners. Recoiled the fre- quency of mobs and riots, the invafions and demolitions Oi- dwelling-houfes and other property, the perfonal abufe and frequent neceffity of perions abandoning their habita- tions, the taking fanduary on board men of war, or at the caftle, previous to the regulating bill. Confider that thefe fufferers >yere loyal fubjedls, violators of no law, that many of them were crown officers, and were thus per- fccuted for no other offence than that of executing the King's law. Confider, further, that if any of the fufferers fought redrefs in a court of law, he had the whole whig in- tercft to combac : they gathered like a cloud and hovered like * i.:': \m. ( 11 ) like harpies round the feat of juftice, until the fuitor was cither condemned to paycofts to his antagonift, or recovered fo fniall damages, as that they were fwallowed np in his own. Confider further, that thefe riots were not the acci- dental or fpontaneous rifings of the populace, but the re- fult of the deliberations and mature councils of the whigs, and were fometimes headed and led to adion by their prin- cipals. Confider further, that the general aflembly lent no aid to the executive power. Weigh thefe things, my friends, and don.bt if you can, whether the a6l for regulat- ing our government did not flow from the parental ter.der- nefs of the Bridfh councils, to enable us to recover from anarchy, without Britain being driven to the necefTity of inflifling punifliment, which is her flrange work. Having taken this curfory view of the convulfed ftate of the pro- vince, let us advert to our charter-form ot government, and we Ihall find its difliributions of power to have been fa prepofterous as to render it next to impoflible for the pro- vince to recover by its own ftrength. The council was cleftive annually by the houfe, liable to the negative of the chair j and the chair was reftrained from acling even in trie executive department, without the concurrence of the board. The political ftruggle is cfcen between the governor and the houfe; and it is a maxim with politicians, that he that is not for us is againft us : Accordingly, when party runs high, if a councillor adhered to the {governor, the houfe refufed to eledl him the next year-, if he adhered to the houfe, the governor negatived him ; if he trimmed his bark, fo as to fleer a middle courfe between Scylla and Cha- rybdis, he was in danger of fuffering more bv the negledt of both parties, than of being wrecked but on one. In moderate times this province has been happy under our charter-form of government -, but, when the political ftorm arofe, its original defed became 'Apparent : We have fometimes leen half a dozen fail of tory navigation unable, on an eledlion day, to pais the bar formed by tlie flux and reflux of the tides at the entrance oi the harbuur, and as many whiggifb ones ftranded the next mDrnin^ on Gover- nor's Ifland7 The whigs took the lead in thii game -, and there- m [i;, . M II f ( 7i ) therefore T think the blame ought to reft upon them, though the tables were turned upon them in the fequcl. A fiender acquaintance with human nature will inform us,, and experi- ence has evinced, th'at a body of men, thus conftituted, are not to be depended upon to ad that vigorous, intrepid and de- cifive part, which the emergency of the late times required, and which might have proved the falvation of the province. In fhort, the board, which was intended to moderate be- tween tlie governor and the houfe, or perhaps lather to fupport tlie former, was incapable of doing either by its original conftitution. By the regulating aft the members of the board are appointed by the King in council, and are not liable even to the lufpcnfion of the governor ; their commilTions are durante bene placito^ and they are therefore far from independence. The infant ftate of the colonies does not admit of a peerage, nor perhaps of any third branch of legiflature wholly independent. In moll of the colonies the council is appointed by mandamus^ and the members are moreover liable to be fufpended by the governor j by which means they are more dependent than thofe appointed according to the regulating aft, but no inconvenience arifes from that mode of appointment. Long experience 'las evinced its utility. By this ftatute, extra- ordinary powers are devolved upon the chair, to enable the governor to maintain his authority, and to oppofewith vigour the daring I'pirit cf independence, fo maniteft in the 'ivhigs. Towu-rnet'tings are reftrained to prevent their paf- fing traiterous refolves. Had thele, and many other innova- tions contained in this act, been made in moderate times, when due reverence wa« yielded to the magiftrate, and obe- dience to che law, they might have been called grievances ; but we have no realbn to think, that, had the fituation of the province been fuch, this ftatute would ever have iiad an exiftence — nor have we any reafon to doubt, but that it will be repealed, in whole or in part, ftiould our pre- lent form of government be found by experience to be pro- duflive of rapine or oppreflion. It is impofTible, that the King, lords or commons could have any fn'ifter views ia regulating tht; government of this province. Sometimes wq ( 73 ) we are told that charters are facred : However facred, they are forfeited through negligence or j^z//} of their franchifes, in which cafes the law judges, that the body politic has broken the condition upon which it was incorporated. There are many inftances of the negligence and abufc which work the forfeiture of charters delineated in law books. They alfo tell us, that all charters may be vacated by a6i: of parliament. Had the form of our provincial legiQaturc been cftabliflied by a6t of parliament, that adt might have been conftitutionally and equitably repealed, when it was found to be incapable of anfwering the end of its inftitu- tion. Stronger ftill is the preft iit cafe, where the form of governn.ient was eltablilhed by one branch of the legifla- ture only, viz. the King, and all three join in the revoca- tion. This ad was however a fatal ftroke to the ambiti- ous views of our republican patriots. The monarchical pare ot the conlUtution was fo guarded by it, as to be no longer vulnerable by their (hafrs •, and all their fancied greatncfs vanilhed like the bafelels fabric of a vifion. Many, who had been long driving to attain a feat at the board, with their faces thitherward, beheld, with infinite regret, their competitors advanced to the honors they afpired to them- felves. Thele difappointeJ, ambitious and envious men inftil the poifon of dilaffection into the minds of the lower claffcs, and as foon as th( y are p.operly impregnated, ex- claim, the p'jple never will fubrnit to it. They now would urge them into certain ruin, to prevent the execution of an ad of parliamenr, defigned and calculated to reiiore peace and harmony to the province., and to recal that hap- py ttate, when year rolled round on year, in a continual increaft of our felicity. The Quebec bill is another capital grievance, becaufe the Canadians are tolerated in the enjoyment of their re- ligion, which they were entitled to, by an arcicle of capi- tulation, when they fubmitted to the Britith arms. Thiii toleration is not an exclufion of the protcllaot religion, which is eftabh(hcd in every part of the empire, as firmly as civil polity can eftablifli it. It is a ftcange kind of rea- foning to argue, from ^'^e French inhabitants of the con- L que red H ■" , ih A 'I- ii-ff I ( 74 ) qucred province of Q^ucbec, bt-ing tolerated in the enjoy- ment of the Roman Catholic rehgion in which ihey were educated, and in which alone they lepole ihcir hope of eter- nal falvaticn, that therefore government intends to deprive usof th.; enjoyment of the prorefhnt religion in which alone we believe-, efpecially as the political intcrcits of Britain de- pend upon proteftant connexions, and the King's being a proteftant liimfelf is an indifpenfable condition ot his wear- ing the crown. This circumuance, however, ferved admi- rably for a freOi ftimiilus, and was eaj^erly grafped by the difaffeded of all orders. It added pathos to pulpit oratory. We often fee refolvcs and lediduus letiers interfperfed wiih popery here and there in Italics. If any of the clergy have endeavoured, from this circumftance, to alarm ihejr too credulous audiences, with an apprehenfion that their reli- gious privileges were in danger, thereby to excite tliem to take up arms; we muft lament the depravity of the beft of men : but human nature flands appalled when we refied upon the aggravated guilt of prcftituting cur holy religion to the accurjed purpcjes of tr^ajon and rebeUion. As to our iay politicians, I have long fmce ceafed to v^^onder at any thing in them ; but it may be obferved, that there is no furer mark of a bad caufe than for iis advocates to recur to fuch pitiful fbifts to fupport it. This milance plainly indicates, that their folc dependence is in preventing the pallions fubfiding, and cool reafon refuming \is feat. It is a mark of their fhrewdnefii however, for whenever reaion ^all refume its feat, the political cheat will be deteded. Hand confcft in its native turpitude, and the political knave be branded with marks of infamy, adequate, if poflible, to the enormity of his crimes. MASS AC HU SETT EN SIS. February 13, 1775. LETTER XI. ^0 the Inhabitants of the Province of Majjachufetts-Bay. IT would be an endlefs taflc to remark minutely upon each of the fancied gritvances, that Iwarm and clufter, fill ( 75 ) fill and deform, the American chronicles. An adeptnefs at difcovering grievances, has lately been one of thti princi- pal recommendations to public notice and popular applaufe. We have had geniules feic^ltd for that purpofe, called com- mittccs upon grievances', a iagacious fet they were, and difcovert-d a multitude before it was known, that they them- felves were tlie greateft grievances that the country was in- fefled with. 1'ne cafe is fhortly this -, the whigs iuppofe the colonies to be feparate or diftincl ftatcs :' having fixed th:s opinion in their minds, they areainolofs for grievances. Could I agree with them in their i^rft principle, 1 fhould acquiefce m many of their dedu<5tions ; for in that cale cve-> ry act of parliament extending to the colonies, and every movement of the crown to carry them into exccuiio!!, would be really grievances, however wife and falutary ihcy might be in themfclvcs-, as they would bo exertions ol" a power that we were not conftitutionally fubjed to, and would delerve the name oF ufurpation and tyranny. But deprived of this, their corner (lone, the terrible fabric of grievances vanillies like caftles raifed by enchantment, and leaves the wondering fpcdator amazed and confounded at the deception. He lulpeds hirnfcit to have but juft awoke from deep, or recovered from a trance, and that the for- midable fpcftre that had frozen him with horror, was no more than ihe cr«^ature of a vifjon, or the delufion of a dream. Upon this point, whether the colonies are dilfinii: dates or not, our puriots have laihly tendered Great Britain an iflHje, p^ainft every principle of law and conftitution, againlt reafon and common prudence. 7'here is no arbiter between us but th^. f-jjcrd; and that the decifion of that tribunal will be agamit us, reaibn forefees, as plainly as it can dif- cover any event that lies in the womb of futurity. No per- lon, unieis adluated by ambition, pride, malice, envy, or a malignant combination of the whole that verges towards ma.ln'ji's, ard hurries the man away from himlelf, would wage war upon fuch unequal terms. No honed man wopld engage himlelf, much lels plunge his country into the ca- terms, without firlt fettling d moments of reflexion. lamities of a war upoii equal with his confcience, in the ret i ^■^ L 2 the M ■ ( 76 ) the important queftion refpeding the judice of his canfe. To do this, we muft hear and weigh evety thing rhac i'hatloever that fhall lerve ' his m^jtfty, or any other perion whatever in any of his ma- *jefty*s ftiips or vefiels whatloever, belonging or to belong ' to any fubjeds of England, or any other his majefty's do- ' minions, Ihall allow, and there fhall be paid out of the • wrr^es ol' every fuch leaman, to grow due for fuch his fer- • vice, fix pence per annum tor the better fupport of the • fain holpltfll, an^l to au£.nient the rrc'f»«^ thereof,' 'I his tax ( 8i ) tax was impofcd in the reign of King William the third, of bleflfed memory, and is Hill levied in the colonies. It would require a volume to recite or minutely remark upon all the revenue ads that relate to America. We find them ;n many reigns, impofing newdutitfs, taking off, or reduc- ing, old ones, and making provifion for ihcir colle6t:ion, or new appropriations of them. By an a6t of the 7th and 8th of William and Mary, entitled * an ad for preventing f raud? * and regulating abufes in the plantations,' all former a6ls rcfpeding the plantations are renewed, and all Ihips and velfels, coming into any port hfre, are liable to the fame re- gulations and reftridions as (hips in the ports in England are liable to ; and it enads ' That the officers for collc^ing ' and managing his majejty^s revenue^ and infpe5iing the plan^ * tation trade in many of the faid plantations^ fliall have the * fame powers and authority for vifiting and fearching of ' fliips and taking their entries, and for feizing, or fecuring^ >' or bringing on fliore, any of the goods prohibited to be * imported or exported into or out of any of the faid colo- ' nies and plantations, or for which any duties are payable ' or ought to be paid by any of the before mentioned a£is, as are ^provided for the ojfcers of the cufioms in England.^ The a6t of the 9th of Qiieen Anne, for eftablifliing a po.ft-ofFicc, gives this reafon for its eftablifhment, and for laying taxes thereby impofcd on the carriage of letters in Great" Britain and Ireland, the colonies and plantations in North-America and the Wefl-Indies, and all other his ma- jefty's dominions and territories, '• that the burmer& may be * done in fuch manner as may be moil beneficial -to the ' people of thefe kingdoms, and her majefty may be lup- * plied, and the revenue arifing by the faid office, better *■ improved, fettled and fecured to her majefty, her heirs an4 ^ fucceffors.' The celebrated patriot, Dr. Franklin, was till lately one of the principal collectors of ,it. The merit in putting the poft-office in America upon fuch a footing as to yield a large revenue to the crown, is principally af- cribed to him by the whigs. J would not wifh to 4etra<$ irom the real merit of that gentleman •, but, had a tory beea half fo afTiduous in increafing the American revenue, No- ^ yanglui ll I ■ '■ [ I 'iff B m lii" I i -.It 1^ ( 84 ) vangliis would have wrote parricide at the end of his nnine. . By an adl of the fixth of George the iecond, a duty is laid on all foreip:n rum, nvjlaffes, lyrups, fugars and panelcs, to be raifcd, kvied^ collccled and pcid unto and fcr the ufe of his majefty, his heirs and fucccfjors. 7'he pre:ur.ble of an atl of the fourth of his prelcnt majefty dcciart'S, that * it is jitff ' and neceffary that a revenue in Amtrica for defraying the CX' * pences of defending^ pro tetling and fectirivg the famc^ die. by which a(ft duties are laid upon foreign fugars, coffee, Ma- deira wine •, upon Portugal, Spanifli and all otiier wine (ex- cept French wine! imported from Grear-Brirain j upon filks, bengals, ftuffs, callico, linen cloth, cambric and lawn, im- ported from particular placts. Thus, my friends, it is evident, that the parliament has been in the a6lua), uninterrupted ufe and extrcile of the right claimed by thim, to raife a revenue in America, from a period more remote than the grant of the preTent charter, to this day. Thcfe revenue adls have never been called un- conftituticnal till vcrv latclv. Both whi<]^s and tories ac- knowledged them to be confbitutional. In 1764 Governor Bernard wrote and tranfmitted to his friends his p dity al- luded to, and in p^?rt received by Novanglus, v/herein he af- ferts the right or authority of parliament to tax tlie colonics. Mr. Otis, whofe patriotilm, found policy, profound learn- ing, integrity and honour, is mentioned in ftrong terms by Kovanglus, in the felf-fame year, in a pamphlet which he publifacs to the whole world, afierts the right or authori- ty of parliament to tax the colonies, as roundly as ever Go- vernor Bernard did, which I fnall have occafion to take an extradl: from hereafter. Mr. Otis was at that time the moit popular man in the province, and continued his popularity many years afterwards. Is it not a moll allonifning inftance of caprice, or infa- tuation, that a province, torn from its foundations, fliould, be precipitating itfelf into a war with Great-Britain, becnule the Britifli parliament afi'crts its right cf raifing a revenie in America; inafmuch as the claim ot that right is as antiei t as the colonies ihemielve^, and there is at prefent no griev- ' ouscxercile of it r The parliament's rcfufm^ :o repeal the ii*¥.i . . . ( 83 ) tea a*^ is the oHenriblc foundation of our quarrel. If we aflv the whigs, whether the pitiful three-[)enny dury upon a Jujcurious, unvvholcfome, foreign commodity, gives julloc- cafion for the oppofizion •, th^y tell us, it is the preced-nc thfv are contending abjut, infinuating that it is an innova- ti;)n. But this ground is n Jt tenable •, for a total repeal of the tea-ail would not ferve us upon the fcorc of precedents. They are numrrous without this. The whigs have been extremely partial rerpe.':;in;j tea. Poor tea has been made the (hibbolcth of party •, while melaflc?, wine, coffee, indi- po, cvc. Uc. have been unmc^lcRTd. A perlon th:\t drinks New-Iingland rum. dilliilcd from melaffcs fubjcv^t to a like duty, is equally delerv'.ng of a coat of tar and feathers witli him that di-inl;s tea. A coillc drinker is as culpable as either, viewed iii a political light. Ikit, fay our patriots, ir ths BririQi parliament [v\y take a penny from us without cur confenr, they may a pound, and fo on, till they have -Lhed .rvay all our property, 'i'his inctflint incantation operates tike a fpell or a charm, and checks the efforts of joyaity in many an hontft bread:. Let us give it its full Wei ht: Do they mean that if the parliament has a right to raife a revenue of one pei-.ny on the colonies, that they muft therefore have i right to wrelt trom us all our pro- pei ■ ? If this be th ir meaning, 1 deny their deduction ; for t .e fupreme leg. ' uure can have no right to tax any J3art if the empire to . greate. amount, than its jufl: and trquitaule proportion of the necefTary national cxpence. 'J his is a line drawn by the coiillitution itlelf. Do they mean, that, if we a'.' nit that the parliament may conibtu- tionally raifc one pmny upon us for :he purpofes of re- venue, they will probably proceed trom light to heavy t.>.xt?,^ till their im.pofitions become grievous and intole- rable ? Thi.-. amounts to no more than a denial of the right, k§f it fhouM [)e abuied. But an argument drawn from the adual abuic of a power, will not conclude to the ille- gality of {ijiQh power -, much iels will an arguirient drawn from the capability of its being abuied. If it would, v/e might readily argue away all pov/er that man is intrufted With. I will admit, that a power of taxation is more liable ivi 2 to t I' .' 'I, ,11 m vo^ '^^a> ^ ^^, w. IMAGE EVALUATION TEST TARGET (MT-S) h A 4r <^\% A f/. 1.0 I.I llBB It: ■jS M 22 2.0 1.8 1.25 ||.4 1 1.6 ^ 6" ► 1>1 It ' Photographic Sciences Corporation 23 WEST MAIN il'REET WEBSTER, N.Y. 14580 (716) 873-4503 ^ :\ \ r*-^ % ^^q, V 6^ ■J-'--- 1, ,M . fV/'.' to abuft tdan legiflation feparaiely confidefed ; and it would give me pleafure to fee forrie other line drawn, fome Other barrier erefted, than what the conftitution has already done, if it be pofTible^ Whereby the conftitutional author- ity of the fupreme legiflature might be preferved intire^ and America be guaranteed in every right and exemption, confiftent with her fubordination and dependence. But this can only b^ done by 'parliament, I repeat^ 1 am no advo- cate for a land-tax, or any other kind of internal tax, nor do I think we were in any danger of them ; 1 have not been able to difcover one lympti/m of any fuch intention in the parliament, fince the repeal of the ftami -a6b. Indeed the principal fpeakers of the majority, that repealed the liamp-a(ft, drew the line for us, between internal and exter- nal taxation; and I think we ought, in honour, juftice, and good policy, to have acquiciced therein, at lead till there Was fome buruenlome exercife of taxation. For there is but little danger from the letter, that is, from duties laid upori trade; as any grievous reib'.dVion or impofition on Ameri- can trade, v/ould be i'enfibly felt by the Britilh 5 and I think, \\'ith Dr. Franklin, that ' they (the Britiih nation) have a ' natural and equitable right to fome roll or duty upon mer- * chandifes carried through that part ot* their dominion;?, * v'z. the American fcas, towards defraying the expence * they are at in Ihips to maintain the fafety of that carriage/ Thefe were his words in his examination at the bar of the houTe, in 1765. ^cd tempera mutantiir^ el nos mutamur in illis* Before we appeal to heaven tor the juftice of our cau e, we ought to determine, with ourlelves, fome other queftions, whether America is not obliged in equity to contribute fomething toward the national defence : Whether the pre- fent American reve/iue amounts to our proportion: And whether we can, with any tolerable grace, ace ufe Great-Bri- tain of iyjjiijlice in im|:o{in^' the late duties, when our /'vifem- blies were previoufiy called upon, and refufed to make any provifion for themlclves. '1 hele, with feveral imaginary grievances, not yet particularly remarked upon, 1 fliall con- iider in reviewing the publications of Novanglus ; a per- lormance, which, though not dellitute of ingenuity, I read with «. J >./ . ( ^5 ) ivlth a mixture of grief and indignation, as it feems to be rraculated to blow up every fpark of animofity, and to kin- •dle ilich a flame, as muft inevitably confume a great part of this onqp happy province, before it can be extinguiflicd. MASSACHUSETTENSIS. February 27, 1775. LETTER XIII. ^0 the Inhabitants of the Province of Mafjachufetts^Bay^ NOVANGLUS and all others have an indifputable right to publiih their fentime' ts and opinions to the world, provided they conform to truth, decency and the municipal laws of the Ibciety of which they are members- He has wrote with a profelTed defign of expofing the errors and fophiftry, which he luppofes are frequent in my publi- cations : His defign is fo far laudable ; and I intend to cor- real them wherever he convinces me there is an inftanceof either. I have no objedion to the minutefl difquvfition l contradidion and difputation, like the coUifion of flint and fteel, often fl:rike out new light. The bare opinions of either of us, accompanied by the grounds and reafons upon which they were formed, muft be confidered only as propofitions made to the reader for him to adopt or rejed, as his own reafon may judge, or feelings diflate. A large proportion of the labours of Novanglus confift in denials of my alle- gations in matters of fuch public notoriety, as that no re- ply is neceflary : He has alledged many things deftitute of foundation. Thofe that affeft the main obje6t of our purfuit but remotely, if at all, I fliall pals by without par- ticular remark ; others, of a mor^ interefting nature, I (hall review minutely. After fome general oblervations upon Maflachulettenfis, he Aides into a moil virulent attack upon particular perfons, by names, with fuch incomparable eafe, that fliews him to be a great proficient in the modern art of detraction and calumny. He accufes the late GoverRor Shirley, Governor Hutchinfon, the late Lieutenant Gover- nor Oliver, the late Judge Ruffcll, Mr Paxton, and Briga- dier Rugglcs, of a confpiracy to cnlliive their country. The charge Mk 13 w m charoje IS high coloured : if it be jufl:, they merit the. epi- thets, dealt about fo indifcriminately, of enemies to tlieir country v if it begroundlefs, Novanglus has aded the part of an afTaflTm, in thus attempting to deftroy the reputation of the living, and of fomething worfe than an affaflin, in entering thofe hallowed manfions, where the wicked com- monly ceafc from troubling and the weary are at reft, to difturb the repofe of the dead. That the charge is ground- lefs refpeding Governor Bernard, Governor Hutchinfon, ^d the late Lieutenant Governor, I dare affert •, bccaufe they have been acquitted of it in fuch a manner as every good citizen mutt acquiefce in. Our houfe of reprefenta- lives, afting as the grand inqueft of rhe province, prefented them before the King in council ; and after a full hearing they were acquitted with honor, and the feverai Impeach- ments difmifled, as groundlefs, vexatious and fcanddous^ The accufation of the houfe was fimilar to this of Novan- glus 5 the court, they chofe to inllitute their fuit in, was of comf-etent and high jur.fdidion, a"d its decifion final. This is a fafficient anfwer to the ftate charges made by tliis writer, ioi2kX as they refpeft th:; Governers Bernard, Hutchinfon and Oliver, whom he accufes as principals *, and it is a ge- neral rule, that, if the principal be innocent, the acceffary cannot be guilty. A dctermmation of aconftitutional arbi- ter ought to feal up the lips of even prejudice icfelf in fi- lence ; othcrwife litigation muft be endltis. This calum- niator neverthelffs has the effrontery to renew the charge in a public news-papt:r, although thereby he arraigns our mod gracious Soveteign and the lords of the privy council, as well as the gentlemen he has named. Not content with wounding the honor of judges, counfellors and governors, w\ih miffile weapons, darted from an obfcure corner, he now aims a blow at Majedy itfelf. Any one may accule, tut accufation unfupported by proof recoils upon the head of the accufer. It is cniertaining enough to confidiT the crimes and mifdeme^nors alledged, and then examine the evidence he adduces, llript of the falfe glare he has thrown upon it. The crimes are thefe ; the perfons named by him con- fpired together to Ioyed Governor Bernard to fugged to the miniftry the projciS of taxing the colonies by aft of parliament. ' The letters and principles are the whole of the evidence j and this is all the appearance of argument contained in hij publication. Let us examine the*premifes. That Go- vernor Bernard afferted the right of parliament to tax the colonies in 1764, is true. So did Mr. Otis, in a pam- phlet he publiQied the felf-fame year ; from which I have already taken an extraft. In a pamphlet publifhcd in 1765, Mr, Otis tells us, ' it is certain that tlje parlianientof ' Great-Britain hath ajuft, clear, equitable and conilitu- * tional right, power and authority to bind the colonies by * all afts whereiiji they are named. Every lawyer, nay *. every tyro, knows this •, no lefs ^certain is it that the ' parliament of Great-Britain has ajuft and equitable right, * power and authority, to impofe taxei on the colonies interr ' nal and external^ on lands, as well as on trade. ' But does it follow from Governor Bernard's tranfmitting his principle^ .of polity to four perfons in England, or from Mr. Ptis*^ publi(hi?ig to the whole world fimilar principles, th^teithe;! ihe one or the other fuggefted to the miniftry the projedt o/tax-ing the colonies by afl of parliament? Hardly, Xuppofing the tranfmiflion and publication had been prior to the refolution of parliament to that purpofe ; but very unfortunately for our reafoner, ihey were both fubfcqjiient to it, and were the effeft, and not the caufe. The hiftory of the ftamp-a6t is this : At the clofe of the ;!aft war, which was a native of America, and increafed tfie xiatiooal debt upwards of fixty millions, it was thought by parliament to be but equitable, that an additional ;-evcnue ■>n i! til ( 90 ^ Pi I'. fliould be raifed in America, towards defrayiflg the ncccf- fary charges of keeping it in a ftate of defence : A refolvc of this nature was paffcd, and the colonies made acquainted with it through their agents, in 1764, that their aflem- blies might make the ncccflfary provifion if. they would. The aflcmblies ncgleded doing any thing, and the parlia- ment pafled the ftamp-a6b. There is not fo much as a colourable pretence, that any American had 2 Ijand in the matter. Had Governor Bernard, Governor Hutchinfon, or the late Lieutenant-Governor been any way inftrumental in obtaining the ftamp-aft, it is very ftrangc that not a glimpfe of evidence fhould ever have appeared, efpecially when we confider that their private correfpondencc has been publifhed, letters which were written in the full con- fidence of unfufpedling frlend(hip. The evidence, as No- vanglus calls it, is wretchedly deficient as to fixing the charge upon Governor Bernard ; but even admitting that Governor Bernard fuggefted to the miniftry the defign of taxing, there is no kind of evidence to prove that the junto, as this elegant writer calls the others, approved of it, much lefs that they employed him to do it. But, fays he, no one can doubt butthat Meflieurs Hutchinfon and Oliver were in nnifon with Governor Bernard, in all his meafures : This is not a fa(5t ; Mr. Hutchinfon diflented from him refpecl- ing the alteration of our charter, and wrote to his friends in England to prevent it. Whether Governor Bernard wrote in favour of the ftamp-a6l being repealed or not, I cannot fay, but I know that Governor Hutchinfon did, and have reafon to think his letters had great weight in turning the fcalc, which hung doubtful a long time, in fa- vour of the repeal. Thefe fads arc known to many in the province, whigs as well as torics ; yet fuch was the in- fatuation that prevailed, that the mob deftroyed his houfc upon fuppofition that he was the patron of the ftamp-a6t. FLvcn in the letters wrote to the late Mr. Whately, we find him advifing a total repeal of the tea-a(5b. It cannot be fairly inferred from perlbns intimacy or mutnal confidence, that they always approve of each others plans. Meflieurs Otis, Culhing, Hancock and Adams were confidential- v friends. iS ( 9' ) friends, and made common caufe ecljually with the other gentlemen. — May we thence infer, that the three latter hold that the parliament has a juft and equitable right to impofc taxes on the colonies ? Or, that ' the time may come, when the real intereft of the whole may require an adt of parliament to annihilate all our charters ?' For thefc alfo are Mr. Otis's words . Or may we lay it down as a princi- ple to reafon from, that thefe gentlemen never difagree refpeding meafures ? We know they do often, and very ma- terially too. This writer is unlucky both in his principles and inferences : But where is the evidence refpei^ing Bri- gadier Ruggles, Mr Paxton, and the late Judge Ru (Tel ? He does not produce even the fliadow of a fhade. He does not even pretend, thattheywereinunifon with Governor Bernard in all his meafures. In matters of fmall moment a man may be allowed to amufe with ingenious fidion ; but in perfonal accufation, in matters fo intercfting both to the individual and to the public, reafon and candour require fomething more than aflertion without proof, declamation without argument, and cenfure without dignity or mode- ration : This, however, is charafteriftic of Novangius. It is the ftale trick of the whig writers felonioufly to ftab reputations, when their antagonifts are invulnerable in their public conduft. Thefe gentlemen were all of them, and the furvivors ftill Continue to be, friends of the Englifli conftitution, equally tenacious of the privileges of the people and of the pre- rogative of the crown, zealous advocates for the colonies continuing their condicutional dependence upon Great-Bri- tain, as they think it no lefs the intereft than the duty of the colonift?, averfc to tyranny and opprefTion in ail their forms, and always ready to exert themfelves for the relief of the oppreffed, though they differ materially from the whigs in the mode of obtaining it. They dilcharged the duties of thefeveral important departments they were called to fill, with equal faithfulnefs and ability ; their public fervices gained them the confidence of the people ; real merit drew after it popularity-, anddieir principles, firmnefs and popularity rendered them obnoxious to ccrtam perlons N 2 amongtt I ■I I H^ P-H ( $4 ) SmorigftiJsi wfio Kiave long been indulging tJiemfclvcs, ?ri the hope of rearing rp an Amtrican common-wealth" l^pon the ruins of the Britilh conftitution. This republican f>arty is of long Handing: they lay however, in a great hieafurc, dormant for feveral years. The diftruft, jealouiy find ferment, railed by the ftamp-a(5l^ afforded Icope for aftion. At firft they wore the garb of hypocrify •, they pro- fefled to be friends to the Britifh conftitution in general, tut claimed fome exemptions from their local circumftari- ces J at length they threw off their difguife, and now ftand Confe/Ted to the world in their true charaflers, Amhrican JiEPuBLiCANS.— Thefe republicans knew, that it would be impofTible for them to iucceed in their darlingprcjvfis, with- out firll dellroying the influence of thele adherents to the conftitution : Thtir only method to accompliili it, was by publications charged with falfliood and Icurrility Not- withdanding the favourable opportunity the ftamp-a6V gave of impoling upon the ignorant and credulous, I have lome- times been amazed to f-re, with how little hefitation (ome flovenly baits Were fw^Uowed. Sometines t'le adherents to the conftitution were called ininifferial tjch; at ethers, king, lords and commons, .were the toc^ls oi ihem : for al- liioft every a<5l of parliament that has been nia^'e rtrpctfting America, in the prtient reign, we are told was draughted in Boftoii, or its environs, and only fent to England to run through th^ forms of parliament. Such ftories, however improbable^ gained credit -, even the fidtitious bill, for re- ftrairing mi-rriages and murdering baftard children, met ■\\'ith fome fimple enough to think it feal. He, that readily imbibes Tuch abfurdities, niay clainn affinity with the per- ion, mentioned by Mr. Addifort, who made it his prad'ce to fwaliow a chimera every morning for breaftfaft. To be more feriousj I pity the weaknefs of thofe that are capable of being thus duped, almoft as much as I defpiie the wretch that would avail himlelf of it, to deftroy private chara6lers and the public tranquillity. By fuch infamous methods', rhany of the antient, trufty and fkilful pilots, who had fteei-ed the community fafely in the mofl perilous times, %erc dirivcn from the helm, and their places occupied by dit- < 9i ) dlf^crtrtt perfons i fome of whom, bankrupts in fortune; bi finefs and fame, are now ftriving to run the fhip on the rocks, that they may have an opportunity of plundering the wreck. The gentlemen, named by Novanglus, have nfverthclefs pcrfevered, with unlhaken conftancy and firm- ntls, in their patriotic principles and conduct, through a variety of fortune •, and have, at prefent, the mournful confolation of reflcding, that, had their admonitions and counlels been timely attended to, their country would never have been involved in its prefent calamity. MASSACHUSETTENSIS. March 6, 1775. ' •'* LETTER XIV. 7*(? the Inhabitants of the Province of Maffachufetts-Bay. OUR patriotic writers, as they call each other, cftimate the fervices rendered by, and the advantages refulr- ing from, the colonies in Britain, at a high rate-, but allow but little, if any, merit in her towards the colonies. Nov- anglus would perfuade us, that, exclufive of her afliilancc in the lad war, we have had lout little of her ptote(^inn, unlcfs it was luch as her name alone afforded. Dr. Frank- lin, when before the houfe of commons, in 1765, denieJ, that the late war was jentered into for the defence of the people in America. The Pennfylvania Farmer tells us, in his letters, that the war was undertaken folcly for the be- nefit of Great-Britain, and that, however advantageous the fubduing or keeping any of thefc countries, viz. Ca- nada, Nova-Scotia and the Floridas may be to Gieat- Britain, the acquifition is greatly injurious to thefe colo- nies ; and that the colonies, as conftantly as dreams tend to the ocean, have been pouring the fruits of all their la-^ bours into their mother's lap. Thus, they would indues us to believe, that we derive little or no advantage from Great-Britain, and thence they infer the injuftice, ra- pacity and cruelty of her condud towards us. I fully agree with them, that the fervices rendered by the co- JonicB are great and meritorious : The plantations are addi- m km k ■( 94 ) addirions to the empire of ineftimable value : The American market for Britifli manufadurcs, the great nur- fery for fcamen formed by our fhipping, the cultivation of deferts, and our rapid population, arc increafing and incx- liauflible fources of natic>nal wealth and ftrcjigth ; I com- mend thel'e patriots for tncir eftimations of the national ad- vantages accruing from the colonics, as much as I tliink them deferving of cenfure for depreciating the advantages and benefits that wc derive from Britain. A particular en- quiry into the protedion afforded us, and the commercial advantages refulting to us from the parent-flate, will go a great way towards conciliating the afredlions of thofe, whole minds are at prefent unduly imprefTed with different fenti- 'ments towards Great-Britain. The inteftine commotions, "with which England was convulfed and torn, foon after the emigration of our anceftors, probably prevented that at- tention being given to them in the earlieft flages of this co- lony, that otherwife would have been given. The prin- cipal difficulties, that the adventurers met with, after the ftrusgle of a few ot the firft years were over, were the in- curlions of the French and Savages conjointly, or of the lat- ter infligated and fupportcd by the former. Upon a rcpre- fentat\on of this to England, in uhe time of the interreg- num, Acadia, which was then the principal fource of our diiquietude, was reduced by an Englifli armament. At the requell of this colony, in Qtieen Annc*s reign, a fleet of fifteen men of war, bcfides iranfports, troops, &c. was lent to affift us in an expedition aganft Canada ; the fleet fuffered fhipwreck, and the atteoipt proved abortive. It ought not to be forgotten, that the fiege of Louifbourg, in 1745, by our own torces, was covered by a Britifh fleet of ten ftiips, four ot 60 guns, one of fifty, and five of 40 guns, befides the Vigilant of fixty-four, which was taken during the fiege, as (he was attempting to throw fupplies into the garrifon. It is not probable, that the expedition would have been undertaken without an cxpedation of fome naval affiftance, or that the redudion could have been effeded without it. In January, 1754, our affembly, in a mefiage to Governor Shirley, prayed him to rcprefcnt to the Kin<.^j . ( 95 ) * that the French had made fich extraordinary encroach- ments, and taken fuch meafiires, fince the conclufion of the preceding war, as threatened great danger, and perhaps, in. time, even the intire deftriidion of this province, without theinterpofition ot his Majefty, notwithftanding any pro- vifion we could make to prc-vent it :' — ' 1 hat the French had erefled a tort on the ifthmus of the pcninlula near Bay Vert, in Nova-Scotia, by means of which they maintaintxl a communication by fea with Canada, St. John's Ifland, and I.ouifbourg: — 'That near the mouth ot St. Johirs river the French had podcflt'd themfelves of two forts, formerly ' built by them, one ot which was garriron<:;d by regular troops, and had ercfled another ftrong fort at twenty leagues up the river, and that thefe encroachments might prove fatal not only to the eaftern parts of his Majedy's territories within this province, but aifo, in time, to the whole of this province, and tlje relt of his Majflly's terri- tories on this continent:* — ' That whilll the French held Acadia under the treaty of St. Germain, they lb cur off the trade of this province, and galled the inhabitants with incur- lions into their territories, that Oi liver Cromwell found it neceffary, tor the fafety of New-Rngla-.d, to make a defcent by fea into thf* river of St. John, and dil- pofTefs them of that and all the forts in Acadia. — T'hat Acadia was reftored to the French by the treaty of Breda, in i66y :* — That th s colony felt again the fame milbhie- vouseffeds from their poflfelTing it, infomuch, that after forminor feveral expeditions againll it, the inhabitants were obliged, in the latter end ot the war in Q^jeen Anne*3 reign, to repreient to her IMaiefty, how dcltru6live the pofiefTion ot the Bay of Fundy and Nova-Scotia, by the French, was to this province and the Britifli trade; where- upon the Britifli miniltry thought it neceilirv to fit out a ' formal expedition ay^ainjl that province with Englijh troops^ and a conliderabl.:; armament ot our own, ur/dcr General Nicholibn, by which it was again reduced to ihe lubjec- tion of the crown of Great-i5rirain : — ' 'I'har we were then, viz. in 1754, liable to feel more mifchievous cffcds than we had ever yet done, unlefs his Majelty ihould be plcafei tr fii.' ( 9« ) plcafcd to caufe them to be removed.' They aUb remon- ftrated ou*- danger from the encroachments of the French at Crown Point. — ^ In April, i y^^, the Council and Houfe reprefented, ' That ii evidently appeared, that the French were far advanced in the execution of a plari proje6led more ^han fifty years fince, for ths extending their pofTcf- fions from the mouthof the Mifliflippionthefouth, to Hud- fon's Bay on the north, for fecuring the vaft body of In- dians in that inland country, and for fubjedting the whole continent to the crown of France:' — * That many cir- ciimftances gave them great advantages over us, which, if not attended tc, would foon overbalance our fuperiority of numbers ; and that thtfe difad vantages could not be re- moved without his Majefty*s gracious interpofition,' The Afiembly of Virginia, in an addrefs to the King, reprefented, » That the endeavour of the French to ef- tablilh a fettlement upon the frontiers, was a high infult offered to his Majefty, and, if not timely oppofed with vigour and refolution, muft be attended with the moft fatal confequcnces,' and prayed his Majefty to extend his royal beneficence towards them. The commiflioners, who met at Albany the fame year, reprefented, ' that it was the evident defign of the French to furround the Britilh colonies *, to fortify themfelves oi) the back thereof; to take and keep pofleffion of the heads of all the important rivers ; to draw over the Indians to their intereft, and with the help of fuch Indians, added to fuch forces as were then arrived, and might afterwards arrive, or be fcnt from Europe, to be in a capacity of making a general attack on the feveral governments ; and if at the fame time a ftrong naval force fhould be fent from France, there was the utmoft danger that the whole ^ continent would be (ubjeded to that crown : and that it feemed abfolutely neceffary, that fpeedy and effectual mea^- fures lliould be .taken to fecure the colonies from thz Jlavery they were threatened with.' Wc did not pray in vain. Great-Britain, ever attentive to the real grievances of her colonies, haftened to our re- lief with maternal fpeed. She covered our feas with her ' Ihips, ( 97 ) fhips, and Tent forth the braveft of her fons to fight our battles. They fought, they bled, and conquered with us, Canada, Nova-Scotia, the Floridas, and all our Americaqi foes, were laid at our feet. It was a dear-bought vidlory j the wilds of America were faturated with the bloocj pf fh? noble and the brave. The war, which, at our requeft, was thus kindled iri America, fpread through the four quarters of the globe^ and obliged Great-Britain to exert her whole force an4 energy to ftop the rapid progrefs of its devouring flames. To thefe infliances of adual exertions for our immedi»-" ate protedlion and defence, ought to be added the fleets ftationcd on our coaft, and the convoys and fecqrity af- forded to our trade and fiihery in times of war ; and her maintaining, in times of peace, fuch a navy and army, as 10 be always in readinefs to give profeftion, as exigencies may require ; and her ambaflddors, refiding at foreign courts, to watch and give the earlicft intelligence of their motions. By fuch precautions, every part of her wide ex^ tended empire enjoys as ample fecurity as human power and policy can afford. Thofe neceflary precautions arc fupported at an immenfe expencej and the colonies reap the benefit of them equally with the reft of the eiT;ipirc. To thefe confiderations it Ihould like wile be added, that whenever the colonies have exerted themfelves in a war, ithough in their own defence, to a greater degree than their proportion with the reit of the empire, they have been re.- imburfed by the parliamentary grants ; This was the cafe^ in the laft war, with this province. From this vit-w, which I think is an impariial one, ij: is evident, that Great-Britain is not lefs attentive to ourin.- ztrd^i than her own -, and that her fons, who have fettled oi;i new and diilant plantations, are equally dear to her witl^ thofe that cultivate the an.t,ient domain, and inhabit thgi manfion-houie. MASSAC H US ETTEI^ SIS, March *3» ^775- Q J.E?- m III ' ■ ; • /--I '} h ft ii/ h 1-. , if - i ( 93 ) LETTER XV. To the Inhahiianfs of the ?r evince of MojJachifetts-'Bay, THE outlines of Bririih commerce have been hereto- fore fketched ; and the inierefts of each p.irt in par- ticular, and of the whole empire conjoinrly, have been ihewn to be the principles by which the grand fyftem is poized and balanced. Whoever will take upon himfelf the trouble of reading and comparing the feveral adts of trade wh'ch refpec'"'- the colonies, will be convinced, that the cherifliing their trade and promoting their intereft have been the objcds of parliamentary attention equally with thofe of Britain. He will fee, that the great council of the empire has ever ellcemed our profperity as inleparable from the Britifli; and if, in lome inftances, the colonies have been rcftridled to the emolument of other p.uts of the empire, .they in their turn, not excepting England itfelf, have been alfo reftrided fuflicienrly to rcftore the balance, if not to caufe a preponderation in our favour. Permit me to transcribe a page or two from a pamphler, written in England, and lately republilhed here, wherein this matter is Tlated with great juftice and accuracy. ' The people of England and the American adventur- * ers being To difaerentiy circumdanced, ic required no * great fagacity to difcover, that as there were many com- ' modities which America could juppiy on better terms * than they could '-e railed in England, fo mft it be * much more for the colonies' advantage to take others * from England, tlian attempt to make them thcmfelves. * The American lands were cheap, covered with woods, ' and abounded with native commodities. The firft at- * tention of tlie fcrtlcrs was necelfarily engaged in cutting * down the tinvbcr, and clearing the ground tor culture ; * for before they had fupplied themfelves with provifmns, * and had hands to fpare from agriculture, it was impol- *" fible they could fet about man ufadu ring. England^ * therefore, undertook to fupply them with manufadures, * and cither purchafcd licd^r or iound markets for the * timber not ( 99 ). timber, the Colonics cut down upon their lands, or the fifli they caught upon their coafts. It was foon difco- vered that the tobacco plant was a native of, and flou- rifhed in, Virginia. It had been alfo planted in Eng- land, and wac found to delight in the foil. The legil- lature however, wifely and equitably confidering that England had variety of produdls and Virginia had no other to buy her neceflaries with, palTed an adt prohi- biting the people of England from planting tobacco, and thereby giving the monopoly of that plant to the colonies. As the inhabitants increafcd, and the lands becaiTje more cultivated, further and new advantages were thrown in the way of the American colonies. All foreign markets, as well as Great-Britain, were open for their timber and provifions ; and the Bricifn Weft-India idands were prohibited from purchafing thofe commodities from any other than them. And fmce England has found itlelf in danger of wanting a fupply of timber, and it has been judged nt^ceiTary to con- fine the export from America to Great-Britain and Ireland, full and ample indemnity has been given to the colonies for the lols of a choice ot markets in Europe, by very large bounties paid out ot the revenue of Great- Britain, upon the importation of American timber. And as a further encouragement and reward to them for clear- ing their lands, bounties are given upon tar and pitch, which are made frcm their decayed and ulelefs trees-, and the very aflics of their lops and branches are made of value by the late bounty on American potaflies. The Ibil and climate of the* northt-rn colonies having been found well adapted to the culr.ure of flax and hemp, bounties, equal ro half the fir ft. coft of" thofe commoditie^, have been granted by parliament, payable out of the Britifti revenue, upon their importation in- to Great-Britain. The growtn of rice in the fouthern colonies has been greatly encouraged, by prohibit»ng the importation of that grain into the Britifti domini- ons from ochcr parts, and allowing it to be traniported ^rom the colonics to the for;:!>^a icrntori'cs in America, 02 and -'♦ri/f i 1, ( too T aiid eVeft to tte foutlicrn parts of Europe. Indigo has been fturtured ift thofe colonics by great parliamentary bounties, which have been long paid upon the importa- tion into Great-Britain, and of late are allowed to re- main, eVen when it is carried cut again f^ foreign mar- kets. Silk and wine have alfo been objedts of parlia- mentary munificence, and will one day probably be- come confiderable American products, under that en- couragement. In which of thefe inftances, it may be demanded, has the legiflature flicwn itfelf partial to the people of England and unjuft to the colonies ? Or where- in have the colonics been injured ? We hear much of the reftraints under which the trade of the colonies is laid by afts of parliament for the advantage of Great-Britain, but the reftraints under which the people of Great- Britain are laid by ads of parliament, for the advantage of the colonies, are carefully kept out of fight j—^and yet, upon a comparifon, the one will be found full as grievous as the other.— For is it a greater hardftiip on the colonies, to be confined in fome inftances to the markets of Great- Bi tain for the lale of their commodities, than it is on the people of Great-Britain to be obliged to buy the commo- dities from them only ? If the ifiand colonies are obliged to give the people of Great-Britain the pre-t-mption of their fugar and coffee ; is it not a greater hardlhip on the people of Great-Britain to be reftrained from purchafing fugar and cofice from other countries, where they could get them much cheaper than the colonies make them pay for them ^ Could net our manufacturers have indigo much better and cheaper from France and Spain than from Carolina ? And yet is there not a duty impofed by afts of parliament on 1 rench and Spanilb indigo, that it inay come to our manufacturers at a dearer rate than Ca- rolina indigo, though a bouniy is alio given out of the money of the people of i: ngland to the Carolina planter, to enable him to Icil his indigo upon ^par with the French" and ^paniili ? But ths inftance which has been already taken notice of, the acft wiiich prohibits the culture of the tobacco plant in Great-Britain or Ireland, is ftill more Ma )»5- ( lOI ) * in point, and a more ftriking proof of the jnftice.and im- * partiality of the fupreme legiflature : for what reftraints, * let me alk, are the colonics laid under, which bear fucli * ftrong marks of hardfhip, as prohibiting the farmers ia * Great-Britain and Ireland from raifing, upon their own * lands, a product w{iich is become almoft a neceffary of * life to them and their families ? And this moft extraor- * dinary reftraint is laid upon them, for the avowed and fole * purpofe of giving Virginia and Maryland a monopoly of * that commodity, and obliging the people of Great-Bri- * tain and Ireland to buy all the tobacco they confume, * from them, at the prices they think fit to fell it for, The * annals of no country, that ever planted colonies, can pro- * duce fuch an inftance as this of regard and kindnefs to their * colonies, and of reftraint upon the inhabitants of the mo- * ther-country for their advantage, Noristhere any reftraint * laid upon the inhabitants of the colonies in return, which ' carriesinitfuchgreatappearanceof hardfliip, although the * people of Great- Britain and Ireland have, from their regard * and afFcdion to the colonies, fubmitted to it without amur- * mur for near a century.' For a more particular inquiry, let me recommend the perufal of the pamphlet itfelf, and alfo of another pamphlet lately publiftied, entitled, * the * advantages which America derives from her commerce, * connexion and dependence on Great- Britain.' A calculation has lately been made both of the amount of the revenue arifing from the duties with which our trade is at prefent charged, and of the bounties and encourage- ment paid out of the Britifli revenue upon articles of Ame- rican produce imported into England ; and the latter is found to "^ceed the former more than four-fold^ This; does not look like a partiality to our difadvantage :— r However, there is no furer method of determining whether the colonies have been opprefied by the laws ot trade and revenue, than by obferving their effedts. From what fource has the wealth of the colonies flowed ? "Whence is it derived ? Not from agriculture only. Exclu- five of commerce, the colonifts would this day have been a poor people, poflcfled of little i^iorc than the necelTaries for ^ ' ' ' Iwp- ( 102 ) fupporclng life •, of courfe their numbers would be few; for population always keeps pace with theability of main- taining a family : there would have been but little or no rcfort of ftrangers here -, the arts and fciences would have made but final! progrefs j the inhabitants would rather iiave degenerated mto a {late of ignorance and barbarity. Or had Great-Britain hid fuch rellridions 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 iweat of o«r brow, Vfithout receiving an equivalent i the patrimony derived froni our anceftors muft have dwindled from little to leis, fill their pofterity fliould have fuffered a general bank- ruptcy. But how different are the effe(5ls of our connediort with, and fubordintition to Britain/* They are too ftrongly marked to efcape the moft. carelefs o&fcrver. Our mer- chants are opulent, and our yeomanry in ^afier circum- jRances than the nobltlTe of fomc (tates : Populaiion is lb rapid as to double the number of inhabitants in the fhort period of twenty-five years : Cities are fpringing up in the depths of the wildernefs : Schools, colleges, and even univerfities, are interfpcrfed through the continent : Our country abounds with foreign refinements, and flows with exotic luxuries. Thefe are infallible marks, not only of opulence^ but o{ freedom. The reclufe may fpeculare — the envious repine — the difaffecled calumniate -, — all thefe may combine to create fears and jealoufies in the minds of the multitude, and keep them in alarm from the beg'n- ning to the end of the year •, but iuch evidence as this mult for ever carry convidion with ic to the minds of the difpafii ;nate and judicious. Where arc the traces of (lavery, that our patriots would terrify us with ? The efFcdts of flavery are as glaring and obvious in thofe countries that are curled with its aoode, as the cffcifls of war, peHilence, or famine. Our land is not difgraced by the wooden flioes ot France, or the tin- combed hair ot Poland : We have neither racks nor in- ^.^uificions, tortures nor afr^lfinauons : The mildnel's of oar ( 103 ) our criminal jurifprudence is proverbial, * a man muflhaue ' many friends to get hanged in New-England,* Who has been arbitlarily imprifoncd, difTeized of his freehold, or defpoilcd of his goods ? Each peafant, that is induftrious, may acquire an cflate, enjoy it in his life-tinie, and at hiS death tranfmic a fair inhc itance to his poftcrity. The proteftant icligion is eflablifhed, as far as human laws can elUblifh it. My dear friends, let me a(k each orte, whe- ther he has not enjoyed every blefllng that i: in the power of civil government to bellow ? And yet the parliament has, from the earliell days of the colonies, claimed the lately controverted right boih ot legiflation and taxation, and for more than a century has been in the excrcil'e of it. There is no grievous exercife of thaf right at this day, un- lefs the meafures taken to prevent our revolting may be called grievances. Are we then to rebel, lell there Ihould be grievances ? Are we to take up arms and make war againft our parent, left that parent, contrary to the expe- rience of a century and a half, contrary to her own genius, inclination, affcdion, and interell, Ihould treat u.-. or our pollerjcy as ballards and not as fons, and inrtead of pra- ttling fliould erjlave us .-^ 1"he annals of the world i)avc not yet been deformed with a ftngle initance ot lo unna- tural, lo caufclefs, fo wanton, lo wicked, a rebelhoij. There is but a Itep between you and ruin i and IhouU our patriots fucceed in their endeavours to urge you on to take that ttep, and hollilities auUuily com uence, Nc-w- Knglund will Hand recor .1 — ■■ ■ I ■ I ■■ !■ .i*-^ p., I mm. .^.n ,,^_.^ i.ii — ■■■■ !■ ■ . .,1 LETTER XVI. To the Inhabitants of the Province of ^ 'ijjachufettS'Bay, OUR patriots exclaim. That humble and rcafonable petitions from the reprefentativei of the people have been frequently treated with contempt. This is as virulent a Jibel upon his Majefty's government, as falfhood and in- genuity combined could fabricate. Our humble and rea- sonable petitions have not only been ever gracioufly receiv- ed, when the eftablifhed mode of exhibiting them has been obferved, but generally granted. Applications of a differ- ent kind have been treated with negledt, though not al- ways with the contempt they defervcd. Thefe either ori- ginated in illegal alicmblies, and could not be received without implicitly countenancing fuch enormities, or con- rained fuch matter, and were conceived in fuch terms, as CO be at once an insfult to his Majefty and a libel on his government. Inftead of being decent remonftrances againft real grievances, or prayers for their removal, they were infidious attempts to wreft from the crown, or the fupreme legiQature, their inherent, unalienable prerogatives or lights. We have a recent Inftance of this kind of petition, in tlie application of the continental congrefs to the King, •which Itarts with thefe words : * A ftanding army has been kept in thefe colonies ever fince the conclufion of the late ^;var, without the cunfcjitofcttradetnhlies.^ This is a denial oi the King's authority to flation his military forces in fuch parts of the empire, as his Majefty may judge expedient for the common fafety. They might with equal propriety have advanced one fiep further, and denied its being a prerogative ot the crown to declare war, or conclude a peace m-j peace ( 105 ) peace by which the colonies fhould be afFedled, without the conient of our affemblies. Such petitions carry the marks of death in their faces, as they cmnot be granted but by furrcndering fome conftitutional right at the fame time ; and therefore thtfy afford grounds for fulpicion at leaft, that they were never intended to be granted, but to irritate and provoke the power petitioned to. It is one thing to remonftrate the inexpediency or inconvenicncy of a parti- cular ad of the prerogative, and another to deny the exift- ence of the prerogative. It is one thing to complain of the inutility or hardihip of a pardcular ad of parliament, and quite another to deny the authority of parliament to make any ad. Had our patriots confined themfelves to the former, they would have aded a part conformable to the charader they affumed, and merited the encomiums they arrogate. There is not one ad of parliament that refpeds us, but would have been repealed upon the legiflators being con- vinced that it was oppreflive ; and fcarcely one, but would have fhared the fame fate, upon a reprefentation of its be- ing generally difguftful to America. But, by adhering to the latter, our politicians have ignorantly or wilfully be- trayed their country. Even when Great-Britain has relaxed in Her meafurcs, or appeared to recede from her claims, in- ilead of manifeftations of gratitude, our politicians have rilen in their demands, and fometimes to fuch a degree of infolence, as to lay the Britifli government under a necef- fity of perfevering in its meafures to preferve its honor. It was my intention, when I began thefe papers, to hav« minutely examined the proceedings of the continental con- grefs ; as the delegates appear to me to have given their country a deeper wound, than any of their predeccffors had inflided, and I pray God it may not prove an incurable one 5 but am in fome meafure anticipated by Grotius, Phiicareine, and the many pamphlets that have been pub- ■lifhed, and Ihall therefore confine my obfervations to fome of Its moll ftriking and charaderiftic features. A congrefs or convention of committees from the feveral t colonics, conftitutionally appointed by the fupreme autho- F rity U'i, fl; llBB't ; 11 m m f 106 ) nty of the (late, or by the Several provincial legiflaturea, amenable to and eontrolubk by the power that convt^ncd them, would be falutary in many fuppofable cafes : Such was the conventior^ of 1 754 ; bwt a ongrels, oiherwife ap- pointed, muft be an unlawful aflembly, wholly incompa- tible with the conftitution, and dangerous in the cxtrf me ; more cfpecially as fuch aflemblies will ever chiefly confift of the moft violent partiaans. The Prince or Sovereign, as feme writers call the fupreme authority of a ftate, is fuf- ficiently ample and extenfive to provide a remedy for every wrong in all pofTible emergeficies and contingencies ; con- iequently, a ^ower that is not derived from fuch authority, fpringing up m a ftate, muft encroach upon it *, and in pro- portioo as the ufurpation inlarges itrel^, the rightful prince vm^ be dimioifhed : indeed they cannot long fubfift to- gether, but muft continually militate till one or the other Ipie deftroyed- Had tlie continental congrcfs confifted of com,mi,ttees from the feveral houfes of aflcmbly, although deftitute of the content of the feveral governors, they would b^ve had ibme appearance oi authority •, but many of them were appointed by other committees, as illegally conftitu- ted as therolelvea. However, at fo critical and delicate a juncture, Great-Eritain being alarmed with an apprehen- iion that the colonies were aiming at independence on the one hand» and the colonies apprehenfive of grievous impo- fitions and exactions from Great-Britain on the other; many real patriots imagined that a congrefs might be emi- nently ferviceable, as they might prevail on the Boftonians to- make reftitution to the Eaft-lndia company, might ftill ifhe commotions in this province, remove any ill-founded apprehcnfions refpcfting the colonies, and propole fome plan for a cordial and permanent reconciliation, which might be adopted by the feveral affemblics, and make its way through them to the fupreme legiflature. Placed in this point of light, many good men viewed it with an !■- dulgenteye ^ and tories, as well aswhigs, bade the delegates Godfpeed. The path of duty was too plain to be overlooked v but tmfortunately: foooc of the moft influential of the xnembeis V : were 'f ( >07 ) were the very peiTons, that had been the wilful c^u{c of the evils they were expedtrd to remedy. Fifliing in troubled waters had lona b'-reii their bufinefs and delight; and thcjr denreiated nothing more than that the (lorm. they had blovvn u[), fhouid I'ubfide. They were old in intrigue, and would have fipiiH-ed in a conclave. The fubtilty, hy- pocrify, cunning and chicanery, habitual to fuch men, were pra<^tiled with as much ucceis jn this, as they had been bclorc in other popular aflemblies. boinc of the members, of the firft rate abilities and charaders, endeavoured to confine the deliberations and relolves of the congrefs to the defign of its inftitution, which was ' to rellorc peace, harmony and mutual confi- * dence,* but were oblijj^ed to fubmit to the intemperate zeal of lome, and at len^h were lo circumvented and wrought upon by the artifice and duplicity of others, as to lend the fandion ot their names to fuch mcarures as thev condemned in their hearts. See a pamphlet publilhed by one of the delegates intitled, yf candid exa^ntnation^ &c. The Congrefs could not be ignorant of what erery body elfe knew, that their appointment was repugnant to, ana inconfiftent with, every idea of government, and therefore they wiieiy oetermined to deftroy it. Their fiift eflay that tranfpired, and which was matter of no Ids grief to xht friends of our country than of triumph to its enemies, was the ever-memorable rcfolve approving and adopting the Suffolk refolves^ thereby undertaking to give a continental fan6lion to a forcible oppofition to ads of parliament, fhutting up the courts of jultice, and thereby abrogatmg all human laws, leizing the King's provincial revenue, raifing forces in oppofition to the King's, and all the tu- multuary violence, with which this unhappy province has been rent afunder. This fixed the complexion and marked the charader of the congrefs. We were therefore but little furprizcd when it was announced, that, as far as was in their pO'-'C-, they had difmembeiJed the colonies from the parent-C3»ntry. This they did by reibPving, that ' the eolonifts a-e entitled P 2 to ' I I fii. ( io8 ) * to an cxclufive power of legillation in their feveral pro- * vinci.il legiQatiires.* This Hands in its full foicc, and is an abl lute denial of the authority^ of parliament refpcding the colonies. I'heir fubjoining that ' from neceffity they conient to the * operation (not the authority) of lii h acts ot the Britijh * parliament as are (not fhall be) bond fide rellrained to rx- * ternal commerce,' is lb far from weakening thtir firll principle that it ftrengthens it, and extends to the ads of trade. This relblve is a maniftft revolt Irom the Britifh empire. — Confident with it, is their overlooking the lu- preme legiflature, and addrefling the inhabitants of Great- Britain, in the ftyle of a manifefto, in which they flatter, complain, coax, and threaten alternately: Their prohibit- ing all commercial intercourfe between the two countries ; with equal propriety and juftice, the congrefs m ght have declared war againft Great-Britain, and they intimate that they mightjuilly do it, and actually (hall, if the mcafures already taken prove ineffectual •, for in the addrels to the colonies, after attempting to enrage their countrymen, by every colouring and heightening in the power of language, to the iitmofl pitch of frenzy, they fay, * the ftate of thel'e * colonies would certainly juftify other meallires than wc * have advifed ; we were inclined to oflTer once more to his * Majejly the petition of his faithful and opprefTed fubjefts * in America -,' and then theyadmonilh the colonifts to * ex- * tend their views io mournful event Sy and to be in all refpeds * prepared for every contingency.' This is treating Great-Britain as an alien-enemy; and if Great-Britain be luch, it isjuftifiable by the law of nations : but their attempt to alienate the affeftions of the inhabi- tants of the new conquered province of Quebec from his majefty's government, is altogether unjuftifiablc, even upon that principle. In the truly jefuitical addrefs to the Cana- dians, the congrefs endeavour to feduce them from their al- legiance, and to prevail on them to join the confederacy. After infinuating that they had been tricked, duped, op- preflcd and enflaved by the Quebec bill, the congrefs ex- claim, * Why this degrading diftindlion ? Have not Cana- ' dians ( '09 ) * dians fcnfe enon^'^h to attend to any other public affairs * than gatlu'riria ituncs at one place and piling them up in 'another? Unhappy people ! who are not only injured, ' bat infiiltt'd* » Such a treacherous ingenuity has been * exerted in drawino; up the code lately offered you, that ' every fencence, bfoinnin T I'M "1, '} k i 'i'5' ( 112 ) * the immunities and privileges granted and confirmed to ' them by royal charters,' declare that they * wifh not a ' diminution of the prerogative, nor loHcitthe grant of any * new right or favour,* and that they ' fhall always care- * fully and zealoufly e.ideavour to fupport his royal autho- * rity, and our connedlion with Great-Britain ;*— -yet they deny thcKing's prerogative to flation troops in the colonies, difown him in the capacity in which he granted the pro- vincial charters ♦, diiclaim the autliority of the King in parliament •, and undertake to enacl a id execute laws, without any authority derived from the crown. This is diffolving all conne(fl:ion between the colonies and the crown, and giving us a new King, altogether incompre- henfible, not indeed from the infinity of his attributes, but from a privation of every royal prerogative, and not leaving even the femblance of a connection with Great-Britain. They declare, that the colonics ' are entitled to all the * rights, liberties and immunities of free and natural born * fubjefts within the realm of England,* and ' all the be- ' nefits fecurcd to the fubje(^ by the Englifli conflitution,* but difclalm all obedience to Britilli government ; — in other words, they claim the protedlion, and difclaim the allegiance. T hey remonftratc as a grievance, that ' both ' houles of parliament have refolved, that the colonifts may * be tried in F,ngland for offences alledged to have been ' committed in America, by virtue of a ftatute palTed in * the thirty- fifth year of Henry the eighth ;' — and yet rc- folve, that they are entitled to the benefit of fuch Englilh ilatutes as exiited at the time of their colonization, and are applicable to their fcveral local and other circum- ilances. They relblve that the colonifts are entitled to a free and excltt/ive power ot legiflation in their fcveral pro- vincial alTemblies •, — yet undertake to legijlate in congrefs. The immutable laws of nature, the principles of the Englilh conititution, and our feveral charters, are the bafis upon which they pretend to found themfeKcs, and com- plain more efpecially of being deprived of trials by juries j — but eftabliih ordinances incompatible with either the laws of nature, the EngUHi conllitution, or our charter 5 —and i k lfi-;= I cm i ^ ( "3 ) i^and appoint committees to punifli the violaters of themi not only without a jury, but even without a form of trial. They repeatedly complain of the Roman Catholic reli- ligion being cftablifhed in Canada, and, in their addrefs to the Canadians, afk, * if liberty of confcience be offered * them in their religion by the Quebec bill,' and anfwer, * no i God gave it to you, and the temporal powers, wich * which you have been and are conr^fled, firmly flipulated * for your enjoyment of it. If laws divine and human could * fecure it againft the defpotic caprices of wicked men, it ' was fecured before.* They fay to the people of Great-Britain, ' place us in * the lame fituation that we were in at the clofe of the laft * war, and our harmony will be rellored.' Yet ibme of the principal grievances, which are to be redrelTed, exifted long before that jera, viz. the King's keeping a Handing army in the colonies -, — judges of admiralty receiving their fees, &c. from the effeds condemned by themfelves ; — councillors holding commiffions during plcafure ; exercif- ing legiflative authority •, — and the capital grievance of all, the parliament claiming and exercifing over the colonies a right of taxation. However, the wifdom of the grand continental congrefs may reconcile thefe fecming incon- fiftences. Had the delegates been appointed to devifc means to irritate and enrage the inhabitants of the two conn, "es, againft each other, beyond a polTibility of reconciliation, to abolifh our equal fyftem of jurifprudence, and eftablifli a judicatory as arbitrary as the Roman inquifition, to per- per.uate animofities among ourfelves, to reduce thouiands from alBuence to poverty and indigence — to injure Great- Britain, Ireland, the Weft-Indies and thcfe colonies — to attempt a revolt from the authority of the empire — and finally to draw down upon the colonies the whole venge- ance of Great-Britain ; — more promifmg means to effect the whole could not have been deviled than thofe the con- grels have adopted. — Any deviation from their plan would have been treachery to their conftituents, and an abufe of the tiuft and confidence rcpoled in them. Some idolaters have Q attributed 8*!; ml 'I ;f. ' J'- V' ;',' ■ E .' * ■ ■ ■ ;■ :|: ■ ■ ,ii:'? ll: I '<.;! ]■■ ■ m isttribtitcd to tte congrefs the colleded wifdom of the con- tiiient. It is nearer the truth to lay^ that every particle df difaffcdlionj petulance, ingratitude and difloyalty, that for teti years pafl have been fcattercd through the conti- iifcnt, were united and conlblidated in them. Are thefe thy Gods, O Ifrael ! MASSACHUSETTENSIS. March i^^ 1775. t» I ll ■ II I n I I I I — I ■ I . III! II «» LETTER XVII. ^0 the Inhabitants of the Province of Mafjachufetts-Bay, T'HE advocates for the oppofition to parliament, often remind us of the rights of the people, repeat the Latin adage, vox populi vox Dei, and tell us, that govern- inent, in the dernier refort, is in the people :«.they chime away melodioufly, and, to render their mufic more ravifh- ing, tell us, that thefe are revolution principles. I hold the rights of the people to be facred, and revere the princi- ples that have eftabliflied the fucceflion to the imperial crown of Great-Britain in the lineof the illiiftrious houfe of Brunfwick ; but the difhculty lies in applying them to the caufe of the whigs, hie labor, hoc opus eji ; for ad- mitting, that the colledive body of the people, that aic fubjedl to the Britifli empire, have an inherent right to change their form of government, or race of Kings-, it does not follow, that the inhabitants of a fingle province or of a number of provinces, or any given part under a majority of the whole empire, have fuch a right. By ad- mitting that the lefs may rule or fequefter themfclves trom the greater, we unliinge all government. Novanglus has acculed me of traducing the peopkof this province.'' I deny the charge. Popular demagoguesi^always call them** ielvt^s the pecpie^ and, v hen their own meafures are cen- fured, cry our, the people, the people are abufed and in- fulted. He fays, that I cnce entertained different ienti- Jnents from thofe now advanced : 1 did not write to cx- tulpare myfelf : Jf through ignorance, or inadver'ency, i liavc licretolgre contributed, in any degree, to the form- ^iv