Chapter XII: Part 12

I have just now received your favour, dated this day. I am perfectly of your opinion with regard to the independency of the judges. It is a matter beyond doubt in my mind. I was told yesterday, by one of his majesty's council, that Mr. Hutchinson has a letter by the packet, from Bernard, which advises him of it as a fact. This town is to meet to-morrow, to consider what is proper for them to do. We have looked upon it as of so interesting a nature to us, that even the report should alarm us. It is proposed by many among us to apply to the judges for their explicit declaration, whether they will accept of so odious a support, and to apply also to the governour for a general assembly forthwith. I will write you on Thursday, and let you know the event. Our enemies would intimidate us, by saying our brethren in the other towns are indifferent about this matter, for which reason I am particularly glad to receive your letter at this time. Roxbury, I am told, is thoroughly awake. I wish we could arouse the continent.

I write in the utmost haste,

TO ELBRIDGE GERRY.

[MS., Samuel Adams Papers, Lenox Library; a text with slight variations is in J. T. Austin, Life of Elbridge Gerry, vol. i., pp. 10-12.]

BOSTON Oct 29 1772

MY DEAR SIR

I wrote you in great Haste on Tuesday last. Since which the Freeholders & other Inhabitts of this Town have had a Meeting,1 to enquire into the Grounds of the Report that the Salaries of the Judges are fixd & paid by order of the Crown, and to determine upon such measures as should be proper for them to take upon so alarming an Occasion.

The inclosd paper contains a short but true Account of their proceedings. It is proposd by some to petition the Governr to order a session of the Genl Assembly, and that the Town should expressly declare their natural & Charter Rights to their Representatives, and the Instances in which they have been violated peremptorily requiring them to take every Step which the Constitution prescribes to redress our Grievances, or if every such Step has been already taken, to inform their Constituents, that they may devise such Measures as they may see their way clear to take, or patiently bear the Yoke. I will acquaint you with the proceedings of the Town as they pass. In the mean time I wish your Town would think it proper to have a Meeting, which may be most seasonable at this time. For as the Superr Court is to be held at Salem next Week, you will have the Oppy of making a decent Application to them, & enquiring of the Certainty of this Report, & other matters mentd in your Letter to me. Which Enquiry will be more naturally made to them in Case the Govr should decline answering the message of this Town, or do it, if I may be allowd the Expression, equivocally.

This Country must shake off their intollerable burdens at all Events. Every day strengthens our oppressors & weakens us. If each Town would declare its Sense of these Matters I am perswaded our Enemies would not have it in their power to divide us, in whh they have all along shown their dexterity. Pray use your Influence with Salem & other Towns - But I am now going with our Comt to his Excellency.2 Shall be glad of a Letter from you. Your last I read to the Town to their great Satisfaction though I concealed the name of its worthy Author.

1 October 28, Boston Record Commissioners' Report, vol. xviii., p. 88. 2 Adams, Otis and Joseph Warren were members of a committee of seven appointed by the Town of Boston on October 28 to present to the Governor the address adopted by the Town on that date. Ibid., p. 90. The address was prepared by a committee consisting of Adams, Joseph Warren and Benjamin Church. The text is in ibid., p. 89. Cf. Works of John Adams, vol. ii., p. 299 (October 27, 1772).

TO ARTHUR LEE.1

[MS., Samuel Adams Papers, Lenox Library; a text, with variations, is in R. H. Lee, Life of Arthur Lee, vol. ii., Pp. 193-195.] BOSTON Novr 3 1772

MY DEAR SIR/

Since my last we have Advice that Lord Hillsborough is removd from the American Department, & tho he makes his Exit with the smiles & honors of the Court, he has the Curses of the disinterrested & better part of the Colonists. Not that it is thought his Lordship is by any means to be reckoned the most inveterate & active of all the Conspirators against our Rights: There are others on this Side of the Atlantick who have been more assiduous in plotting the Ruin of our Liberties than even he, and they are the more infamous, because the Country they would enslave, is that very Country in which (to use the Words of their Adulators & Expectants) they were "born & educated."

The Character of Lord Dartmouth has been unexceptionable in America in point of moral Virtue; I wish it could be ascertaind of all his Majestys Ministers and Servants. It is the opinion I have of them that makes me tremble for his Lordship, lest in the Circle he should make Shipwreck of his Virtue. I am well informd that he has wrote a very polite Letter to Hutchinson, in which he expresses a Satisfaction in his Conduct, & tells him he has always been of Opinion that the King has a Right to pay his Governors & other officers but surely he should have made himself thoroughly acquainted with the several political Institutions and Charters of the Colonies as well as the nature of free Governments in general before he explicitly & officially declares such an Opinion. I wish a Consideration that he has to correspond with the most artful plausible and insinuating Geniusses, & some of them the most malicious Enemies of the common Rights of Mankind, might induce his Lordship to be upon his Guard against too suddenly giving full Credit to their Representations, which perhaps was the capital mistake of his predecessor in office - our Conspirators were alarmd at his Appointment & I believe are determined if they can to impose upon his Credulity, if he has any such Weakness about him.

We are now alarmd with the Advice that the Judges of our Superior Court, have Salaries appointed by order of the Crown, independent of the people. This has occasiond a meeting of this metropolis, the proceedings of which you have in the inclosed papers. At the first meeting on the Wednesday2 & at the last Adjournment on the Monday3 following, there was a respectable Appearance of the Inhabitants, tho not so full as has sometimes been on Occasions of much less Importance; owing partly to its being the Season of the year when the Town is filled with our Country folks & every one is laying up provisions necessary for the approaching long Winter, partly from the Industry of the Enemies to prevent a full meeting as they before had been to prevent any meeting at all (for they dread nothing more) & partly from the Opinion of some that there was no method left to be taken but the last, which is also the Opinion of many in the Country. However as I said before, there was a respectable meeting; and I think the Town has taken a necessary Step to ascertain the true Sense of the Country with regard to our Grievances, which being known, it will be the easier to determine upon & prosecute to Effect the Methods which ought to be taken for the Redress of our intollerable Grievances. The Tories give out, tho in Whispers, that they expect what they call a Breese before long, which they say they gather from the slow, but regular Approaches that are made. They will form what Judgment they please. Perhaps they begin to be apprehensive that the body of a long insulted people will bear the Insults & Oppression no longer than untill they feel in themselves Strength to shake off the Yoke. If this is their Determination, it is justifiable as far as the Declaration of Mr. H. himself has Weight; for I am told by a Gentleman whom I can credit, that in Conversation he said there was nothing in Morality that forbid Resistance.

In your last you expressd your hopes of the removal of Hillsborough. I could not joyn with you; for if I am to have a master, let me have a severe one that I may always have the mortifying Sense of it. I shall then always be disposed to take the first fair Opportunity of ridding my self of Slavery. There is danger of the peoples being flatterd with such partial Reliefe as Lord Dartmouth may be able, (if disposed) to obtain for them & building upon vain Hopes till their Chains are rivetted. Are they not still heaping Grievance upon Grievance, & while they remain, to what purpose would it be if his Lordship should get a few boyish Instructions to the Govr relaxed? Would this be a reason for a final Submission to a Tribute & Egyptian Taskmasters in Support of despotick Power! The Tribute, the Tribute is the Indignity which I hope in God will never be patiently borne by a People who of all the people on the Earth deserve most to be free.

I am astonishd that [Dr. Franklin] has written no Letter to the Speaker.

I shall write you by the next Ship.

1 Arthur Lee to Samuel Adams, January 25, 1773: "I have just now received your favour of Nov. 3, 1772, together with a pamphlet and some papers, for which I am extremely obliged to you. . . . I shall take the liberty of putting the first part of your letter in the newspapers here, as I think it extremely proper my Lord Dartmouth should read the excellent admonition it contains." R. H. Lee, Life of Arthur Lee, vol. i., p. 226. 2 Boston Record Commissioners' Report, vol. xviii., p. 88. 3 Ibid., p. 92.

TO ELBRIDGE GERRY.

[MS., Samuel Adams Papers, Lenox Library; a text, with variations, is in J. T. Austin, Life of Elbridge Gerry, vol. i., pp. 15-l8.]

BOSTON 5 Novr 1772

MY DEAR SIR

I recd with pleasure your Letter of the 2d Inst. I was sure you cd not but be of Opinion, that Unanimity in the Measures taken by the friends of the Country is of the utmost Importance. I must with great Deferrence to your Judgment, think that even in our wretched State, the mode of petitioning the Govr will have a good Effect. I was aware that his Answers would be in the same high tone, in which we find them expressd; yet our requests have been so reasonable that in refusing to comply with them he must have put himself in the wrong -, in the opinion of every honest & sensible man; the Consequence of which will be, that such measures as the people may determine upon to save themselves, if rational & manly, will be the more reconcileable even to cautious minds, & thus we may expect that Unanimity which we wish for.

I have the satisfaction of inclosing the last proceedings of our Town meeting, in which I think you will perceive a Coincidence with your own Judgment, in a plan concerted for the whole to act upon. Our timid sort of people are disconcerted, when they are positively told that the Sentiments of the Country are different from those of the City. Therefore a free Communication with each Town will serve to ascertain this matter; and when once it appears beyond Contradiction, that we are united in Sentiments there will be a Confidence in each other, & a plan of Opposition will be easily formed, & executed with Spirit. In such a Case (to return your own Language with entire Approbation) those "who have Virtue enough to oppose the wicked designs of the Great, will have this for their boast that they have struggled for & with an honest people."

I was at first of your Opinion "that it wd be most proper for a Come from Boston, united with Comtes from two or three other Towns to wait on the Judges" &c. and I mentiond it to several Gentlemen of the Neighboring Towns who approved of it, but so much Caution prevails, that they suspected whether their respective towns wd stir till Boston had given the Lead, (a needless Compliment to the Capital); This turnd our Thoughts to the Measures taken by the Town, & led me to conceive hopes, that as the Superr Court wd be soon sitting at Salem, Mbl Head & other towns in that County would come into such a proposal.

I take Notice of what you observe "that our whole dependence as people seems to be upon our own Wisdom & Valor," in which I fully agree with you. It puts me in mind of a Letter I recd not along ago from a friend of mine of some note in London, wherein he says, "your whole dependence under God is upon your own Virtue, (Valor). I know of no Noblemen in this Kingdom who care any thing about you, excepting Lords Chatham & Shelburne, & you would do well to be watchful even of them."

I earnestly wish that the Inhabitants of Marblehead & other Towns would severally meet, & if they see Cause, among other Measures, second this town & appoint a Come to be ready to communicate with ours1 when ready. This would at once discover an Union of Sentiments thus far & have its Influence on other Towns. It wd at least show that Boston is not wholly deserted, & might prevent "its falling a Sacrifice to the Rage or ridicule of our (common) Enemies." I shall be pleasd with your further Sentiments & am in strict truth,

1 The Boston Committee of Correspondence was appointed on November 2. "It was then moved by Mr Samuel Adams, That a Committee of Correspondence be appointed to consist of twenty one Persons - to state the Rights of the Colonists and of this Province in particular, as Men, as Christians, and as Subjects; to communicate and publish the same to the several Towns in this Province and to the World as the sense of this Town, with the Infringements and Violations thereof that have been, or from time to time may be made - Also requesting of each Town a free communication of their Sentiments on this Subject - And the Question being accordingly put - Passed in the Affermative. Nem Cont. Boston Record Commissioner Report, vol. xviii., p.93. Cf., William Gordon, History of the Rise, Progress, and Establishment, of the Independence of the United States of America, vol. i., pp. 312-314.

TO ELBRIDGE GERRY.

[MS., Samuel Adams Papers, Lenox Library; a text, with variations, is in J. T. Austin, Life of Elbridge Gerry, vol. i., pp. 19-21.]

BOSTON Novr 14 1772

MY DEAR SIR

Your Letter of the 10 Inst.1 did not come to my hand till this Evening. It is a great Satisfaction to me to be assured from you that the Friends to Liberty in Marblehead are active & that there is like to be a Town meeting there. Our Committee are industrious, and I think I may promise you, they will be ready to report to the Town in two or three days; so that if your Town should think proper to make an Adjournment for ten days or a Fortnight, they will doubtless by that time if not before have an Opportunity of acting upon our Resolutions. I am sorry when any of our Proceedings are not exactly according to your Mind. The Word you object to2 in our resolves was designd to introduce into our State of Grievances "the Chh Innovations and the Establishment of those Tyrants in Religion, Bishops" which as you observe will probably take place. I cannot but hope, when you consider how indifferent too many of the Clergy are to our just & righteous Cause, that some of them are the Adulators of our Oppressors, and even some of the best of them are extremely cautious of recommending (at least in their publick performances), the Rights of their Country to the protection of Heaven, lest they should give offence to the little Gods on Earth, you will judge it quite necessary that we should assert [and] vindicate our Rights as Christians as well as Men & Subjects.

The Town of Roxbury are to meet on Monday next; and a great Number in Cambridge have subscribed a Petition to their Selectmen for a Meeting there. I have recd a Letter from a Gentleman of Influence in Plymouth who is pleasd to say, he thinks the general plan adopted here will produce great Consequences if supported with Spirit in the Country; & that he believes there will be no Difficulty in getting a Meeting there & carrying the point in seconding this town. He tells me, the Pulse of his fellow Townsmen beat high and their resentment he supposes is equal to that of any other Town. May God grant, that the Love of Liberty & a Zeal to support it may enkindle in every town. If the Enemies should see the flame bursting in different parts of the Country & distant from each other, it might discourage their attempts to damp & quench it. I am well assured they are alarmd at the Measure now taking, being greatly apprehensive of the same Consequences from it which our good friend at Plymouth hopes and expects. This should animate us in carrying it into Execution. I beg you would exert your utmost Influence in your neighboring towns and elsewhere. I hear Nothing of old Salem. I fear they have had an opiate administerd to them. I am told there has been a Consultation there, a Cabal in which his E -- y presided. Pray let me still be favord with your Letters & be assured I am sincerely

YOUR FRIEND,

1 T. Austin, Life of Elbridge Gerry, vol. i., pp. 18, 19; the original is in the Samuel Adams Papers, Lenox Library. 2 "Christians."

THE RIGHTS OF THE COLONISTS, A LIST OF VIOLATIONS OF RIGHTS AND A LETTER OF CORRESPONDENCE.1

Adopted by the Town of Boston, November 20, I772.2

[Boston Record Commissioners' Report, vol. xviii., pp. 94-108.]

The Committee appointed by the Town the second Instant "to State the Rights of the Colonists and of this Province in particular, as Men, as Christians, and as Subjects; to communicate and publish the same to the several Towns in this Province and to the World as the sense of this Town with the Infringements and Violations thereof that have been, or from Time to Time may be made. Also requesting of each Town a free Communication of their Sentiments Reported First, a State of the Rights of the Colonists and of this Province in particular -- Secondly, A List of the Infringements, and Violations of those Rights. -- Thirdly, A Letter of Correspondence with the other Towns. -- 1st. Natural Rights of the Colonists as Men. -- Among the Natural Rights of the Colonists are these First. a Right to Life; Secondly to Liberty; thirdly to Property; together with the Right to support and defend them in the best manner they can - Those are evident Branches of, rather than deductions from the Duty of Self Preservation, commonly called the first Law of Nature -

All Men have a Right to remain in a State of Nature as long as they please: And in case of intollerable Oppression, Civil or Religious, to leave the Society they belong to, and enter into another. -- When Men enter into Society, it is by voluntary consent; and they have a right to demand and insist upon the performance of such conditions, And previous limitations as form an equitable original compact. ---

Every natural Right not expressly given up or from the nature of a Social Compact necessarily ceded remains.

All positive and civil laws, should conform as far as possible, to the Law of natural reason and equity. -

As neither reason requires, nor religeon permits the contrary, every Man living in or out of a state of civil society, has a right peaceably and quietly to worship God according to the dictates of his conscience. -

"Just and true liberty, equal and impartial liberty" in matters spiritual and temporal, is a thing that all Men are clearly entitled to, by the eternal and immutable laws Of God and nature, as well as by the law of Nations, & all well grounded municipal laws, which must have their foundation in the former. -

In regard to Religeon, mutual tolleration in the different professions thereof, is what all good and candid minds in all ages have ever practiced; and both by precept and example inculcated on mankind: And it is now generally agreed among christians that this spirit of toleration in the fullest extent consistent with the being of civil society "is the chief characteristical mark of the true church " 3 & In so much that Mr Lock has asserted, and proved beyond the possibility of contradiction on any solid ground, that such toleration ought to be extended to all whose doctrines are not subversive of society. The only Sects which he thinks ought to be, and which by all wise laws are excluded from such toleration, are those who teach Doctrines subversive of the Civil Government under which they live. The Roman Catholicks or Papists are excluded by reason of such Doctrines as these "that Princes excommunicated may be deposed, and those they call hereticks may be destroyed without mercy; besides their recognizing the Pope in so absolute a manner, in subversion of Government, by introducing as far as possible into the states, under whose protection they enjoy life, liberty and property, that solecism in politicks, Imperium in imperio 4 leading directly to the worst anarchy and confusion, civil discord, war and blood shed -

The natural liberty of Men by entring into society is abridg'd or restrained so far only as is necessary for the Great end of Society the best good of the whole-

In the state of nature, every man is under God, Judge and sole Judge, of his own rights and the injuries done him: By entering into society, he agrees to an Arbiter or indifferent Judge between him and his neighbours; but he no more renounces his original right, than by taking a cause out of the ordinary course of law, and leaving the decision to Referees or indifferent Arbitrations. In the last case he must pay the Referees for time and trouble; he should be also willing to pay his Just quota for the support of government, the law and constitution; the end of which is to furnish indifferent and impartial Judges in all cases that may happen, whether civil ecclesiastical, marine or military. -

"The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man ; but only to have the law of nature for his rule."-

In the state of nature men may as the Patriarchs did, employ hired servants for the defence of their lives, liberty and property: and they should pay them reasonable wages. Government was instituted for the purposes of common defence; and those who hold the reins of government have an equitable natural right to an honourable support from the same principle "that the labourer is worthy of his hire" but then the same community which they serve, ought to be assessors of their pay: Governors have no right to seek what they please; by this, instead of being content with the station assigned them, that of honourable servants of the society, they would soon become Absolute masters, Despots, and Tyrants. Hence as a private man has a right to say, what wages he will give in his private affairs, so has a Community to determine what they will give and grant of their Substance, for the Administration of publick affairs. And in both cases more are ready generally to offer their Service at the proposed and stipulated price, than are able and willing to perform their duty. -

In short it is the greatest absurdity to suppose it in the power of one or any number of men at the entering into society, to renounce their essential natural rights, or the means of preserving those rights when the great end of civil government from the very nature of its institution is for the support, protection and defence of those very rights: the principal of which as is before observed, are life liberty and property. If men through fear, fraud or mistake, should in terms renounce and give up any essential natural right, the eternal law of reason and the great end of society, would absolutely vacate such renunciation; the right to freedom being the gift of God Almighty, it is not in the power of Man to alienate this gift, and voluntarily become a slave --

2d The Rights of the Colonists as Christians - These may be best understood by reading - and carefully studying the institutes of the great Lawgiver and head of the Christian Church: which are to be found closely5 written and promulgated in the New Testament -

By the Act of the British Parliament commonly called the Toleration Act, every subject in England Except Papists &c was restored to, and re-established in, his natural right to worship God according to the dictates of his own conscience. And by the Charter of this Province it is granted ordained and established (that it is declared as an original right) that there shall be liberty of conscience allowed in the worship of God, to all christians except Papists, inhabiting or which shall inhabit or be resident within said Province or Territory.6 Magna Charta itself is in substance but a constrained Declaration, or proclamation, and promulgation in the name of King, Lord, and Commons of the sense the latter had of their original inherent, indefeazible natural Rights,7 as also those of free Citizens equally perdurable with the other. That great author that great jurist, and even that Court writer W Justice Blackstone holds that this recognition was justly obtained of King John sword in hand: and peradventure it must be one day sword in hand again rescued and preserved from total destruction and oblivion.

3d. The Rights of the Colonists as Subjects

A Common Wealth or state is a body politick or civil society of men, united together to promote their mutual safety and prosperity, by means of their union.8

The absolute Rights of Englishmen, and all freemen in or out of Civil society, are principally, personal security personal liberty and private property.

All Persons born in the British American Colonies are by the laws of God and nature, and by the Common law of England, exclusive of all charters from the Crown, well Entitled, and by the Acts of the British Parliament are declared to be entitled to all the natural essential, inherent & inseperable Rights Liberties and Privileges of Subjects born in Great Britain, or within the Realm. Among those Rights are the following; which no men or body of men, consistently with their own rights as men and citizens or members of society, can for themselves give up, or take away from others

First, "The first fundamental positive law of all Commonwealths or States, is the establishing the legislative power; as the first fundamental natural law also, which is to govern even the legislative power itself, is the preservation of the Society."9

Secondly, The Legislative has no right to absolute arbitrary power over the lives and fortunes of the people: Nor can mortals assume a prerogative, not only too high for men, but for Angels; and therefore reserved for the exercise of the Deity alone. -

"The Legislative cannot Justly assume to itself a power to rule by extempore arbitrary decrees; but it is bound to see that Justice is dispensed, and that the rights of the subjects be decided, by promulgated, standing and known laws, and authorized independent Judges;" that is independent as far as possible of Prince or People. "There shall be one rule of Justice for rich and poor; for the favorite in Court, and the Countryman at the Plough."10

Thirdly, The supreme power cannot Justly take from any man, any part of his property without his consent, in person or by his Representative. -

These are some of the first principles of natural law & Justice, and the great Barriers of all free states, and of the British Constitution in particular. It is utterly irreconcileable to these principles, and to many other fundamental maxims of the common law, common sense and reason, that a British house of commons, should have a right, at pleasure, to give and grant the property of the Colonists. That these Colonists are well entitled to all the essential rights, liberties and privileges of men and freemen, born in Britain, is manifest, not only from the Colony charter, in general, but acts of the British Parliament.

The statute of the 13th of George 2. c. 7. naturalizes even foreigners after seven years residence. The words of the Massachusetts Charter are these, "And further our will and pleasure is, and we do hereby for us, our heirs and successors, grant establish and ordain, that all and every of the subjects of us, our heirs and successors, which shall go to and inhabit within our said province or territory and every of their children which shall happen to be born there, or on the seas in going thither, or returning from thence shall have and enjoy, all liberties and immunities of free and natural subjects within any of the dominions of us, our heirs and successors, to all intents constructions & purposes whatsoever as if they and every of them were born within this our Realm of England." Now what liberty can there be, where property is taken away without consent? Can it be said with any colour of truth and Justice, that this Continent of three thousand miles in length, and of a breadth as yet unexplored, in which however, its supposed, there are five millions of people, has the least voice, vote or influence in the decisions of the British Parliament? Have they, all together, any more right or power to return a single number11 to that house of commons, who have not inadvertently, but deliberately assumed a' power to dispose of their lives,12 Liberties and properties, then13 to choose an Emperor of China! Had the Colonists a right to return members to the british parliament, it would only be hurtfull; as from their local situation and circumstances it is impossible they should be ever truly and properly represented there. The inhabitants of this country in all probability in a few years will be more numerous, than those of Great Britain and Ireland together; yet it is absurdly expected by the promoters of the present measures, that these, with their posterity to all generations, should be easy while their property, shall be disposed of by a house of commons at three thousand miles distant from them; and who cannot be supposed to have the least care or concern for their real interest: Who have not only no natural care for their interest, but must be in effect bribed against it; as every burden they lay on the colonists is so much saved or gained to themselves. Hitherto many of the Colonists have been free from Quit Rents; but if the breath of a british house of commons can originate an act for taking away all our money, our lands will go next or be subject to rack rents from haughty and relentless landlords who will ride at ease, while we are trodden in the dirt. The Colonists have been branded with the odious names of traitors and rebels, only for complaining of their grievances; How long such treatment will, or ought to be born is submitted.

A List of Infringements & Violations of Rights

We cannot help thinking, that an enumeration of some of the most open infringments of our rights, will by every candid Person be Judged sufficient to Justify whatever measures have been already taken, or may be thought proper to be taken, in order to obtain a redress of the Grievances under which we labour.

Among many others we Humbly conceive, that the following will not fail to excite the attention of all who consider themselves interested in the happiness and freedom of mankind in general, and of this continent and province in particular.

1st - The British Parliament have assumed the power of legislation for the Colonists in all cases whatsoever, without obtaining the consent of the Inhabitants, which is ever essentially necessary to the right establishment of such a legislative -

2d - They have exerted that assumed power, in raising a Revenue in the Colonies without their consent; thereby depriving them of that right which every man has to keep his own earnings in his own hands until he shall in person, or by his Representative, think fit to part with the whole or any portion of it. This infringement is the most extraordinary, when we consider the laudable care which the British House of Commons have taken to reserve intirely and absolutely to themselves the powers of giving and granting moneys. They not only insist on originating every money bill in their own house, but will not even allow the House of Lords to make an amendment in these bills. So tenacious are they of this privilege, so jealous of any infringement of the sole & absolute right the people have to dispose of their own money. And what renders this infringement the more grievous is, that what of our earnings still remains in our own hands is in a great measure deprived of its value, so long as the British Parliament continue to claim and exercise this power of taxing us; for we cannot Justly call that our property which others may, when they please take away from us against our will. -

In this respect we are treated with less decency and regard than the Romans shewed even to the Provinces which They had conquered. They only determined upon the sum which each should furnish, and left every Province to raise it in the manner most easy and convenient to themselves -

3d - A number of new Officers, unknown in the Charter of this Province, have been appointed to superintend this Revenue, whereas by our Charter the Great & General Court or Assembly of this Province has the sole right of appointing all civil officers, excepting only such officers, the election and constitution of whom is in said charter expressly excepted; among whom these Officers are not included. -

4th - These Officers are by their Commission invested with powers altogether unconstitutional, and entirely destructive to that security which we have a right to enjoy; and to the last degree dangerous, not only to our property; but to our lives: For the Commissioners of his Majestys customs in America, or any three of them, are by their Commission impowered," by writing under their hands and seales to constitute and appoint inferior Officers in all and singular the Port within the limits of their commissions" Each of these. petty officers so made is intrusted with power more absolute and arbitrary than ought to be lodged in the hands of any man or body of men whatsoever; for in the commission aforementioned, his Majesty gives & grants unto his said Commissioners, or any three of them, and to all and every the Collectors Deputy Collectors, Ministers, Servants, and all other Officers serving and attending in all and every the Ports and other places within the limits of their Commission, full power and authority from time to time, at their and any of their wills and pleasures, as well By Night as by day to enter and go on board any Ship, Boat, or other Vessel, riding lying or being within, or coming into any Port, Harbour, Creek or Haven, within the limits of their commission; and also in the day time to go into any house, shop, cellar, or any other place where any goods wares or merchandizes lie concealed, or are suspected to lie concealed, whereof the customs & other duties, have not been, or shall not be, duly paid and truly satisfied, answered or paid unto the Collectors, Deputy Collectors, Ministers, Servants, and other Officers respectively, or otherwise agreed for; and the said house, shop, warehouse, cellar, and other place to search and survey, and all and every the boxes, trunks, chests and packs then and there found to break open." -

Thus our houses and even our bed chambers, are exposed to be ransacked, our boxes chests & trunks broke open ravaged and plundered by wretches, whom no prudent man would venture to employ even as menial servants; whenever they are pleased to say they suspect there are in the house wares &c for which the dutys have not been paid. Flagrant instances of the wanton exercise of this power, have frequently happened in this and other sea port Towns. By this we are cut off from that domestick security which renders the lives of the most unhappy in some measure agreable. Those Officers may under colour of law and the cloak of a general warrant, break thro' the sacred rights of the Domicil, ransack mens houses, destroy their securities, carry off their property, and with little danger to themselves commit the most horred murders. -

And we complain of it as a further grievance, that notwithstanding by the Charter of this Province, the Governor and the Great and General Court or Assembly of this Province or Territory, for the time being shall have full power and authority, from time to time, to make, ordain and establish all manner of wholesome and reasonable laws, orders, statutes, and ordinances, directions and instructions, and that if the same shall not within the term of three years after presenting the same to his Majesty in privy council be disallowed, they shall be and continue in full force and effect, untill the same shall be repealed by the Great and General Assembly of this Province: Yet the Parliament of Great Britain have rendered or attempted to render, null and void a law of this Province made and passed in the Reign of his late Majesty George the first, intitled "An Act stating the Fees of the Custom- house Officers within this Province" and by meer dint of power, in violation of the Charter aforesaid, established other and exorbitant fees, for the same Officers; any law of the Province to the contrary notwithstanding -

5th - Fleets and Armies have been introduced to support these unconstitutional Officers in collecting and managing this unconstitutional Revenue; and troops have been quarter'd in this Metropolis for that purpose. Introducing and quartering standing Armies in a free Country in times of peace without the consent of the people either by themselves or by their Representatives, is, and always has been deemed a violation of their rights as freemen; and of the Charter or Compact made between the King of Great Britain, and the People of this Province, whereby all the rights of British Subjects are confirmed to us. -

6th - The Revenue arising from this tax unconstitutionally laid, and committed to the management of persons arbitrarily appointed and supported by an armed force quartered in a free City, has been in part applyed to the most destructive purposes. It is absolutely necessary in a mixt government like that of this Province, that a due proportion or balance of power should be established among the several branches of legislative. Our Ancestors received from King William & Queen Mary a Charter by which it was understood by both parties in the contract, that such a proportion or balance was fixed; and therefore every thing which renders any one branch of the Legislative more independent of the other two than it was originally designed, is an alteration of the constitution as settled by the Charter; and as it has been untill the establishment of this Revenue, the constant practise of the General Assembly to provide for the support of Government, so it is an essential part of our constitution, as it is a necessary means of preserving an equilibrium, without which we cannot continue a free state. -

In particular it has always been held, that the dependence of the Governor of this Province upon the General Assembly for his support, was necessary for the preservation of this equilibrium; nevertheless his Majesty has been pleased to apply fifteen hundred pounds sterling annually out of the American revenue, for the support of the Governor of this Province independent of the Assembly, whereby the ancient connection between him and this people is weakened, the confidence in the Governor lessened and the equilibrium destroyed, and the constitution essentially altered. -

And we look upon it highly probable from the best intelligence we have been able to obtain, that not only our Governor and Lieuvetenant Governor, but the Judges of the Superior Court of Judicature, as also the Kings Attorney and Solicitor General are to receive their support from this Grievous tribute. This will if accomplished compleat our slavery. For if taxes are raised from us by the Parliament of Great Britain without our consent, and the men on whose opinions and decisions our properties liberties and lives, in a great measure depend, receive their support from the Revenues arising from these taxes, we cannot, when we think on the depravity of mankind, avoid looking with horror on the danger to which we are exposed? The British Parliament have shewn their wisdom in making the Judges there as independent as possible both on the Prince and People, both for place and support: But our Judges hold their Commissions only during pleasure; the granting them salaries out of this Revenue is rendering them independent on the Crown for their support. The King upon his first accession to the Throne, for giving the last hand to the independency of the Judges in England, not only upon himself but his Successors by recommending and consenting to an act of Parliament, by which the Judges are continued in office, notwithstanding the demise of a King, which vacates all other Commissions, was applauded by the whole Nation. How alarming must it then be to the Inhabitants of this Province, to find so wide a difference made between the Subjects in Britain and America, as the rendering the Judges here altogether dependent on the Crown for their support. -

7th - We find ourselves greatly oppressed by Instructions sent to our Governor from the Court of Great Britain, whereby the first branch of our legislature is made merely a ministerial engine. And the Province has already felt such effects from these Instructions, as We think Justly intitle us to say that they threaten an entire destruction of our liberties, and must soon, if not checked, render every branch of our Government a useless burthen upon the people. We shall point out some of the alarming effects of these Instructions which have already taken place. -

In consequence of Instructions, the Governor has called and adjourned our General Assemblies to a place highly inconvenient to the Members and grately disadvantageous to the interest of the Province, even against his own declared intention -

In consequence of Instructions, the Assembly has been prorogued from time to time, when the important concerns of the Province required their Meeting -

In obedience to Instructions, the General Assembly was Anno 1768 dissolved by Governor Bernard, because they would not consent to rescind the resolution of a former house, and thereby sacrifise the rights of their constituents. -

By an Instruction, the honourable his Majesty Council are forbid to meet and transact matters of publick concern as a Council of advice to the Governor, unless called by the Governor; and if they should from a zealous regard to the interest of the Province so meet at any time, the Governor is ordered to negative them at the next Election of Councellors. And although by the Charter of this Province the Great & General Court have full power and authority to impose taxes upon the estates and persons of all and every the proprietors and inhabitants of this Province, yet the Governor has been forbidden to give his consent to act imposing a tax for the necessary support of government, unless such persons as were pointed out In the said instruction, were exempted from paying their Just proportion of said tax -

His Excellency has also pleaded Instructions for giving up the provincial fortress, Castle William into the hands of troops, over whom he had declared he had no controul (and that at a time when they were menaceing the Slaughter of the Inhabitants of the Town, and our Streets were stained with the blood which they had barbariously shed) Thus our Governor, appointed and paid from Great Britain with money forced from us, is made an instrument of totally preventing or at least of rendering [futile], every attempt of the other two branches of the Legislative in favor of a distressed and wronged people: And least the complaints naturally occasioned by such oppression should excite compassion in the Royal breast, and induce his Majesty seriously to set about relieving us from the cruel bondage and insult which we his loyal Subjects have so long suffered, the Governor is forbidden to consent to the payment of an Agent to represent our grievances at the Court of Great Britain, unless he the Governor consent to his election, and we very well know what the man must be to whose appointment a Governor in such circumstances will consent -

While we are mentioning the infringement of the rights of this Colony in particular by means of Instructions, we cannot help calling to remembrance the late unexampled suspension of the legislative of a Sister Colony, New York by force of an Instruction, untill they should comply with an Arbitrary Act of the British Parliament for quartering troops, designed by military execution, to enforce the raising of a tribute. -

8th - The extending the power of the Courts of Vice Admirality to so enormous a degree as deprives the people in the Colonies in a great measure of their inestimable right to tryals by Juries., which has ever been Justly considered as the grand Bulwark and security of English property.

This alone is sufficient to rouse our jealousy:And we are again obliged to take notice of the remarkable contrast, which the British Parliament has been pleased to exhibit between the Subjects in Great Britain & the Colonies. In the same Statute, by which they give up to the decision of one dependent interested Judge of Admirality the estates and properties of the Colonists, they expressly guard the estates & properties of the people of Great Britain; for all forfeitures & penalties inflicted by the Statute of George the Third, or any other Act of Parliament relative to the trade of the Colonies, may be sued for in any Court of Admiralty in the Colonies; but all penalties and forfeitures which shall be incurred in Great Britain, may be sued for in any of his Majestys Courts of Record in Westminster or in the Court of Exchequer in Scotland, respectively. Thus our Birth Rights are taken from us; and that too with every mark of indignity, insult and contempt. We may be harrassed and dragged from one part of the Continent to the other (which some of our Brethren here and in the Country Towns already have been) and finally be deprived of our whole property, by the arbitrary determination of one biassed, capricious Judge of the Admirality.

9th - The restraining us from erecting Stilling Mills for manufacturing our Iron the natural produce of this Country, Is an infringement of that right with which God and nature have invested us, to make use of our skill and industry in procuring the necessaries and conveniences of life. And we look upon the restraint laid upon the manufacture and transportation of Hatts to be altogether unreasonable and grievous. Although by the Charter all Havens Rivers, Ports, Waters, &c. are expressly granted the Inhabitants of the Province and their Successors, to their only proper use and behoof forever, yet the British Parliament passed an Act, whereby they restrain us from carrying our Wool, the produce of our own farms, even over a ferry; whereby the Inhabitants have often been put to the expence of carrying a Bag of Wool near an hundred miles by land, when passing over a River or Water of one quarter of a mile, of which the Province are the absolute Proprietors, would have prevented all that trouble. -

10th - The Act passed in the last Session of the British Parliament, intitled, An Act for the better preserving his Majestys Dock Yards, Magizines, Ships, Ammunition and Stores, is, as we apprehend a violent infringement of our Rights. By this Act any one of us may be taken from his Family, and carried to any part of Great Britain, there to be tried whenever it shall be pretended that he has been concerned in burning or otherwise destroying any Boat or Vessel, or any Materials for building &c. any Naval or Victualling Store &c. belonging to his Majesty. For by this Act all Persons in the Realm, or in any of the places thereto belonging (under which denomination we know the Colonies are meant to be included) may be indicted and tryed either in any County or Shire within this Realm, in like manner and form as if the offence had been committed in said County, as his Majesty and his Successors may deem Most expedient. Thus we are not only deprived of our grand right to tryal by our Peers in the Vicinity, but any Person suspected, or pretended to be suspected, may be hurried to Great Britain, to take his tryal in any County the King or his Successors shall please to direct; where, innocent or guilty he is in great danger of being condemned; and whether condemned or acquitted he will probably be ruined by the expense attending the tryal, and his long absence from his Family and business; and we have the strongest reason to apprehend that we shall soon experience the fatal effects of this Act, as about the year 1769 the British Parliament passed Resolves for taking up a number of Persons in the Colonies and carrying them to Great Britain for tryal, pretending that they were authorised so to do, by a Statute passed in the Reign of Henry the Eighth, in which they say the Colonies were included, although the Act was passed long before any Colonies were settled, or even in contemplation. -

11th - As our Ancestors came over to this Country that they might not only enjoy their civil but their religeous rights, and particularly desired to be free from the Prelates, who in those times cruilly persecuted all who differed in sentiment from the established Church; we cannot see without concern the various attempts, which have been made and are now making, to establish an American Episcopate. Our Episcopal Brethren of the Colonies do enjoy, and rightfully ought ever to enjoy, the free exercise of their religeon, we cannot help fearing that they who are are so warmly contending for such an establishment, have views altogether inconsistent with the universal and peaceful enjoyment of our christian privileges: And doing or attempting to do any thing which has even the remotest tendency to endanger this enjoyment, is Justly looked upon a great grievance, and also an infringement of our Rights, which is not barely to exercise, but peaceably & securely to enjoy, that liberty wherewith CHRIST has made us free.

And we are further of Opinion, that no power on Earth can justly give either temporal or spiritual Jurisdiction within this Province, except the Great & General Court. We think therefore that every design for establishing the Jurisdiction of a Bishop in this Province, is a design both against our Civil and Religeous rights: And we are well informed, that the more candid and Judicious of our Brethren of the Church of England in this and the other Colonies, both Clergy and Laity, conceive of the establishing an American Episcopate both unnecessary and unreasonable. -