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- Chapter I of Common Sense
OF THE ORIGIN AND DESIGN OF GOVERNMENT IN GENERAL. WITH CONCISE REMARKS ON THE ENGLISH CONSTITUTION SOME writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins. Society is produced by our wants, and government by our wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher. Society in every state is a blessing, but government even in its best state is but a necessary evil in its worst state an intolerable one; for when we suffer, or are exposed to the same miseries by a government, which we might expect in a country without government, our calamities is heightened by reflecting that we furnish the means by which we suffer! Government, like dress, is the badge of lost innocence; the palaces of kings are built on the ruins of the bowers of paradise. For were the impulses of conscience clear, uniform, and irresistibly obeyed, man would need no other lawgiver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest; and this he is induced to do by the same prudence which in every other case advises him out of two evils to choose the least. Wherefore, security being the true design and end of government, it unanswerably follows that whatever form thereof appears most likely to ensure it to us, with the least expense and greatest benefit, is preferable to all others. In order to gain a clear and just idea of the design and end of government, let us suppose a small number of persons settled in some sequestered part of the earth, unconnected with the rest, they will then represent the first peopling of any country, or of the world. In this state of natural liberty, society will be their first thought. A thousand motives will excite them thereto, the strength of one man is so unequal to his wants, and his mind so unfitted for perpetual solitude, that he is soon obliged to seek assistance and relief of another, who in his turn requires the same. Four or five united would be able to raise a tolerable dwelling in the midst of a wilderness, but one man might labor out the common period of life without accomplishing any thing; when he had felled his timber he could not remove it, nor erect it after it was removed; hunger in the mean time would urge him from his work, and every different want call him a different way. Disease, nay even misfortune would be death, for though neither might be mortal, yet either would disable him from living, and reduce him to a state in which he might rather be said to perish than to die. Thus necessity, like a gravitating power, would soon form our newly arrived emigrants into society, the reciprocal blessings of which, would supersede, and render the obligations of law and government unnecessary while they remained perfectly just to each other; but as nothing but heaven is impregnable to vice, it will unavoidably happen, that in proportion as they surmount the first difficulties of emigration, which bound them together in a common cause, they will begin to relax in their duty and attachment to each other; and this remissness, will point out the necessity, of establishing some form of government to supply the defect of moral virtue. Some convenient tree will afford them a State-House, under the branches of which, the whole colony may assemble to deliberate on public matters. It is more than probable that their first laws will have the title only of Regulations, and be enforced by no other penalty than public disesteem. In this first parliament every man, by natural right will have a seat. But as the colony increases, the public concerns will increase likewise, and the distance at which the members may be separated, will render it too inconvenient for all of them to meet on every occasion as at first, when their number was small, their habitations near, and the public concerns few and trifling. This will point out the convenience of their consenting to leave the legislative part to be managed by a select number chosen from the whole body, who are supposed to have the same concerns at stake which those have who appointed them, and who will act in the same manner as the whole body would act were they present. If the colony continue increasing, it will become necessary to augment the number of the representatives, and that the interest of every part of the colony may be attended to, it will be found best to divide the whole into convenient parts, each part sending its proper number; and that the elected might never form to themselves an interest separate from the electors, prudence will point out the propriety of having elections often; because as the elected might by that means return and mix again with the general body of the electors in a few months, their fidelity to the public will be secured by the prudent reflection of not making a rod for themselves. And as this frequent interchange will establish a common interest with every part of the community, they will mutually and naturally support each other, and on this (not on the unmeaning name of king) depends the strength of government, and the happiness of the governed. Here then is the origin and rise of government; namely, a mode rendered necessary by the inability of moral virtue to govern the world; here too is the design and end of government, viz., freedom and security. And however our eyes may be dazzled with snow, or our ears deceived by sound; however prejudice may warp our wills, or interest darken our understanding, the simple voice of nature and of reason will say, it is right. I draw my idea of the form of government from a principle in nature, which no art can overturn, viz., that the more simple any thing is, the less liable it is to be disordered, and the easier repaired when disordered; and with this maxim in view, I offer a few remarks on the so much boasted constitution of England. That it was noble for the dark and slavish times in which it was erected is granted. When the world was overrun with tyranny the least therefrom was a glorious rescue. But that it is imperfect, subject to convulsions, and incapable of producing what it seems to promise, is easily demonstrated. Absolute governments (though the disgrace of human nature) have this advantage with them, that they are simple; if the people suffer, they know the head from which their suffering springs, know likewise the remedy, and are not bewildered by a variety of causes and cures. But the constitution of England is so exceedingly complex, that the nation may suffer for years together without being able to discover in which part the fault lies, some will say in one and some in another, and every political physician will advise a different medicine. I know it is difficult to get over local or long standing prejudices, yet if we will suffer ourselves to examine the component parts of the English constitution, we shall find them to be the base remains of two ancient tyrannies, compounded with some new republican materials. First.- The remains of monarchical tyranny in the person of the king. Secondly.- The remains of aristocratical tyranny in the persons of the peers. Thirdly.- The new republican materials, in the persons of the commons, on whose virtue depends the freedom of England. The two first, by being hereditary, are independent of the people; wherefore in a constitutional sense they contribute nothing towards the freedom of the state. To say that the constitution of England is a union of three powers reciprocally checking each other, is farcical, either the words have no meaning, or they are flat contradictions. To say that the commons is a check upon the king, presupposes two things. First.- That the king is not to be trusted without being looked after, or in other words, that a thirst for absolute power is the natural disease of monarchy. Secondly.- That the commons, by being appointed for that purpose, are either wiser or more worthy of confidence than the crown. But as the same constitution which gives the commons a power to check the king by withholding the supplies, gives afterwards the king a power to check the commons, by empowering him to reject their other bills; it again supposes that the king is wiser than those whom it has already supposed to be wiser than him. A mere absurdity! There is something exceedingly ridiculous in the composition of monarchy; it first excludes a man from the means of information, yet empowers him to act in cases where the highest judgment is required. The state of a king shuts him from the world, yet the business of a king requires him to know it thoroughly; wherefore the different parts, unnaturally opposing and destroying each other, prove the whole character to be absurd and useless. Some writers have explained the English constitution thus; the king, say they, is one, the people another; the peers are an house in behalf of the king; the commons in behalf of the people; but this hath all the distinctions of an house divided against itself; and though the expressions be pleasantly arranged, yet when examined they appear idle and ambiguous; and it will always happen, that the nicest construction that words are capable of, when applied to the description of something which either cannot exist, or is too incomprehensible to be within the compass of description, will be words of sound only, and though they may amuse the ear, they cannot inform the mind, for this explanation includes a previous question, viz. How came the king by a power which the people are afraid to trust, and always obliged to check? Such a power could not be the gift of a wise people, neither can any power, which needs checking, be from God; yet the provision, which the constitution makes, supposes such a power to exist. But the provision is unequal to the task; the means either cannot or will not accomplish the end, and the whole affair is a felo de se; for as the greater weight will always carry up the less, and as all the wheels of a machine are put in motion by one, it only remains to know which power in the constitution has the most weight, for that will govern; and though the others, or a part of them, may clog, or, as the phrase is, check the rapidity of its motion, yet so long as they cannot stop it, their endeavors will be ineffectual; the first moving power will at last have its way, and what it wants in speed is supplied by time. That the crown is this overbearing part in the English constitution needs not be mentioned, and that it derives its whole consequence merely from being the giver of places pensions is self evident, wherefore, though we have and wise enough to shut and lock a door against absolute monarchy, we at the same time have been foolish enough to put the crown in possession of the key. The prejudice of Englishmen, in favor of their own government by king, lords, and commons, arises as much or more from national pride than reason. Individuals are undoubtedly safer in England than in some other countries, but the will of the king is as much the law of the land in Britain as in France, with this difference, that instead of proceeding directly from his mouth, it is handed to the people under the most formidable shape of an act of parliament. For the fate of Charles the First, hath only made kings more subtle not- more just. Wherefore, laying aside all national pride and prejudice in favor of modes and forms, the plain truth is, that it is wholly owing to the constitution of the people, and not to the constitution of the government that the crown is not as oppressive in England as in Turkey. An inquiry into the constitutional errors in the English form of government is at this time highly necessary; for as we are never in a proper condition of doing justice to others, while we continue under the influence of some leading partiality, so neither are we capable of doing it to ourselves while we remain fettered by any obstinate prejudice. And as a man, who is attached to a prostitute, is unfitted to choose or judge of a wife, so any prepossession in favor of a rotten constitution of government will disable us from discerning a good one.
- Chapter II of Common Sense
OF MONARCHY AND HEREDITARY SUCCESSION MANKIND being originally equals in the order of creation, the equality could only be destroyed by some subsequent circumstance; the distinctions of rich, and poor, may in a great measure be accounted for, and that without having recourse to the harsh, ill-sounding names of oppression and avarice. Oppression is often the consequence, but seldom or never the means of riches; and though avarice will preserve a man from being necessitously poor, it generally makes him too timorous to be wealthy. But there is another and greater distinction for which no truly natural or religious reason can be assigned, and that is, the distinction of men into KINGS and SUBJECTS. Male and female are the distinctions of nature, good and bad the distinctions of heaven; but how a race of men came into the world so exalted above the rest, and distinguished like some new species, is worth enquiring into, and whether they are the means of happiness or of misery to mankind. In the early ages of the world, according to the scripture chronology, there were no kings; the consequence of which was there were no wars; it is the pride of kings which throw mankind into confusion. Holland without a king hath enjoyed more peace for this last century than any of the monarchial governments in Europe. Antiquity favors the same remark; for the quiet and rural lives of the first patriarchs hath a happy something in them, which vanishes away when we come to the history of Jewish royalty. Government by kings was first introduced into the world by the Heathens, from whom the children of Israel copied the custom. It was the most prosperous invention the Devil ever set on foot for the promotion of idolatry. The Heathens paid divine honors to their deceased kings, and the Christian world hath improved on the plan by doing the same to their living ones. How impious is the title of sacred majesty applied to a worm, who in the midst of his splendor is crumbling into dust! As the exalting one man so greatly above the rest cannot be justified on the equal rights of nature, so neither can it be defended on the authority of scripture; for the will of the Almighty, as declared by Gideon and the prophet Samuel, expressly disapproves of government by kings. All anti-monarchial parts of scripture have been very smoothly glossed over in monarchial governments, but they undoubtedly merit the attention of countries which have their governments yet to form. Render unto Caesar the things which are Caesar's is the scriptural doctrine of courts, yet it is no support of monarchial government, for the Jews at that time were without a king, and in a state of vassalage to the Romans. Near three thousand years passed away from the Mosaic account of the creation, till the Jews under a national delusion requested a king. Till then their form of government (except in extraordinary cases, where the Almighty interposed) was a kind of republic administered by a judge and the elders of the tribes. Kings they had none, and it was held sinful to acknowledge any being under that title but the Lords of Hosts. And when a man seriously reflects on the idolatrous homage which is paid to the persons of kings he need not wonder, that the Almighty, ever jealous of his honor, should disapprove of a form of government which so impiously invades the prerogative of heaven. Monarchy is ranked in scripture as one of the sins of the Jews, for which a curse in reserve is denounced against them. The history of that transaction is worth attending to. The children of Israel being oppressed by the Midianites, Gideon marched against them with a small army, and victory, through the divine interposition, decided in his favor. The Jews elate with success, and attributing it to the generalship of Gideon, proposed making him a king, saying, Rule thou over us, thou and thy son and thy son's son. Here was temptation in its fullest extent; not a kingdom only, but an hereditary one, but Gideon in the piety of his soul replied, I will not rule over you, neither shall my son rule over you, THE LORD SHALL RULE OVER YOU. Words need not be more explicit; Gideon doth not decline the honor but denieth their right to give it; neither doth be compliment them with invented declarations of his thanks, but in the positive stile of a prophet charges them with disaffection to their proper sovereign, the King of Heaven. About one hundred and thirty years after this, they fell again into the same error. The hankering which the Jews had for the idolatrous customs of the Heathens, is something exceedingly unaccountable; but so it was, that laying hold of the misconduct of Samuel's two sons, who were entrusted with some secular concerns, they came in an abrupt and clamorous manner to Samuel, saying, Behold thou art old and thy sons walk not in thy ways, now make us a king to judge us like all the other nations. And here we cannot but observe that their motives were bad, viz., that they might be like unto other nations, i.e., the Heathen, whereas their true glory laid in being as much unlike them as possible. But the thing displeased Samuel when they said, give us a king to judge us; and Samuel prayed unto the Lord, and the Lord said unto Samuel, Hearken unto the voice of the people in all that they say unto thee, for they have not rejected thee, but they have rejected me, THEN I SHOULD NOT REIGN OVER THEM. According to all the works which have done since the day; wherewith they brought them up out of Egypt, even unto this day; wherewith they have forsaken me and served other Gods; so do they also unto thee. Now therefore hearken unto their voice, howbeit, protest solemnly unto them and show them the manner of the king that shall reign over them, i.e., not of any particular king, but the general manner of the kings of the earth, whom Israel was so eagerly copying after. And notwithstanding the great distance of time and difference of manners, the character is still in fashion. And Samuel told all the words of the Lord unto the people, that asked of him a king. And he said, This shall be the manner of the king that shall reign over you; he will take your sons and appoint them for himself for his chariots, and to be his horsemen, and some shall run before his chariots (this description agrees with the present mode of impressing men) and he will appoint him captains over thousands and captains over fifties, and will set them to ear his ground and to read his harvest, and to make his instruments of war, and instruments of his chariots; and he will take your daughters to be confectionaries and to be cooks and to be bakers (this describes the expense and luxury as well as the oppression of kings) and he will take your fields and your olive yards, even the best of them, and give them to his servants; and he will take the tenth of your seed, and of your vineyards, and give them to his officers and to his servants (by which we see that bribery, corruption, and favoritism are the standing vices of kings) and he will take the tenth of your men servants, and your maid servants, and your goodliest young men and your asses, and put them to his work; and he will take the tenth of your sheep, and ye shall be his servants, and ye shall cry out in that day because of your king which ye shall have chosen, AND THE LORD WILL NOT HEAR YOU IN THAT DAY. This accounts for the continuation of monarchy; neither do the characters of the few good kings which have lived since, either sanctify the title, or blot out the sinfulness of the origin; the high encomium given of David takes no notice of him officially as a king, but only as a man after God's own heart. Nevertheless the People refused to obey the voice of Samuel, and they said, Nay, but we will have a king over us, that we may be like all the nations, and that our king may judge us, and go out before us and fight our battles. Samuel continued to reason with them, but to no purpose; he set before them their ingratitude, but all would not avail; and seeing them fully bent on their folly, he cried out, I will call unto the Lord, and he shall sent thunder and rain (which then was a punishment, being the time of wheat harvest) that ye may perceive and see that your wickedness is great which ye have done in the sight of the Lord, IN ASKING YOU A KING. So Samuel called unto the Lord, and the Lord sent thunder and rain that day, and all the people greatly feared the Lord and Samuel And all the people said unto Samuel, Pray for thy servants unto the Lord thy God that we die not, for WE HAVE ADDED UNTO OUR SINS THIS EVIL, TO ASK A KING. These portions of scripture are direct and positive. They admit of no equivocal construction. That the Almighty hath here entered his protest against monarchial government is true, or the scripture is false. And a man hath good reason to believe that there is as much of kingcraft, as priestcraft in withholding the scripture from the public in Popish countries. For monarchy in every instance is the Popery of government. To the evil of monarchy we have added that of hereditary succession; and as the first is a degradation and lessening of ourselves, so the second, claimed as a matter of right, is an insult and an imposition on posterity. For all men being originally equals, no one by birth could have a right to set up his own family in perpetual preference to all others for ever, and though himself might deserve some decent degree of honors of his contemporaries, yet his descendants might be far too unworthy to inherit them. One of the strongest natural proofs of the folly of hereditary right in kings, is, that nature disapproves it, otherwise she would not so frequently turn it into ridicule by giving mankind an ass for a lion. Secondly, as no man at first could possess any other public honors than were bestowed upon him, so the givers of those honors could have no power to give away the right of posterity, and though they might say, "We choose you for our head," they could not, without manifest injustice to their children, say, "that your children and your children's children shall reign over ours for ever." Because such an unwise, unjust, unnatural compact might (perhaps) in the next succession put them under the government of a rogue or a fool. Most wise men, in their private sentiments, have ever treated hereditary right with contempt; yet it is one of those evils, which when once established is not easily removed; many submit from fear, others from superstition, and the more powerful part shares with the king the plunder of the rest. This is supposing the present race of kings in the world to have had an honorable origin; whereas it is more than probable, that could we take off the dark covering of antiquity, and trace them to their first rise, that we should find the first of them nothing better than the principal ruffian of some restless gang, whose savage manners of preeminence in subtlety obtained him the title of chief among plunderers; and who by increasing in power, and extending his depredations, overawed the quiet and defenseless to purchase their safety by frequent contributions. Yet his electors could have no idea of giving hereditary right to his descendants, because such a perpetual exclusion of themselves was incompatible with the free and unrestrained principles they professed to live by. Wherefore, hereditary succession in the early ages of monarchy could not take place as a matter of claim, but as something casual or complemental; but as few or no records were extant in those days, and traditionary history stuffed with fables, it was very easy, after the lapse of a few generations, to trump up some superstitious tale, conveniently timed, Mahomet like, to cram hereditary right down the throats of the vulgar. Perhaps the disorders which threatened, or seemed to threaten on the decease of a leader and the choice of a new one (for elections among ruffians could not be very orderly) induced many at first to favor hereditary pretensions; by which means it happened, as it hath happened since, that what at first was submitted to as a convenience, was afterwards claimed as a right. England, since the conquest, hath known some few good monarchs, but groaned beneath a much larger number of bad ones, yet no man in his senses can say that their claim under William the Conqueror is a very honorable one. A French bastard landing with an armed banditti, and establishing himself king of England against the consent of the natives, is in plain terms a very paltry rascally original. It certainly hath no divinity in it. However, it is needless to spend much time in exposing the folly of hereditary right, if there are any so weak as to believe it, let them promiscuously worship the ass and lion, and welcome. I shall neither copy their humility, nor disturb their devotion. Yet I should be glad to ask how they suppose kings came at first? The question admits but of three answers, viz., either by lot, by election, or by usurpation. If the first king was taken by lot, it establishes a precedent for the next, which excludes hereditary succession. Saul was by lot, yet the succession was not hereditary, neither does it appear from that transaction there was any intention it ever should. If the first king of any country was by election, that likewise establishes a precedent for the next; for to say, that the right of all future generations is taken away, by the act of the first electors, in their choice not only of a king, but of a family of kings for ever, hath no parallel in or out of scripture but the doctrine of original sin, which supposes the free will of all men lost in Adam; and from such comparison, and it will admit of no other, hereditary succession can derive no glory. For as in Adam all sinned, and as in the first electors all men obeyed; as in the one all mankind were subjected to Satan, and in the other to Sovereignty; as our innocence was lost in the first, and our authority in the last; and as both disable us from reassuming some former state and privilege, it unanswerably follows that original sin and hereditary succession are parallels. Dishonorable rank! Inglorious connection! Yet the most subtle sophist cannot produce a juster simile. As to usurpation, no man will be so hardy as to defend it; and that William the Conqueror was an usurper is a fact not to be contradicted. The plain truth is, that the antiquity of English monarchy will not bear looking into. But it is not so much the absurdity as the evil of hereditary succession which concerns mankind. Did it ensure a race of good and wise men it would have the seal of divine authority, but as it opens a door to the foolish, the wicked; and the improper, it hath in it the nature of oppression. Men who look upon themselves born to reign, and others to obey, soon grow insolent; selected from the rest of mankind their minds are early poisoned by importance; and the world they act in differs so materially from the world at large, that they have but little opportunity of knowing its true interests, and when they succeed to the government are frequently the most ignorant and unfit of any throughout the dominions. Another evil which attends hereditary succession is, that the throne is subject to be possessed by a minor at any age; all which time the regency, acting under the cover of a king, have every opportunity and inducement to betray their trust. The same national misfortune happens, when a king worn out with age and infirmity, enters the last stage of human weakness. In both these cases the public becomes a prey to every miscreant, who can tamper successfully with the follies either of age or infancy. The most plausible plea, which hath ever been offered in favor of hereditary succession, is, that it preserves a nation from civil wars; and were this true, it would be weighty; whereas, it is the most barefaced falsity ever imposed upon mankind. The whole history of England disowns the fact. Thirty kings and two minors have reigned in that distracted kingdom since the conquest, in which time there have been (including the Revolution) no less than eight civil wars and nineteen rebellions. Wherefore instead of making for peace, it makes against it, and destroys the very foundation it seems to stand on. The contest for monarchy and succession, between the houses of York and Lancaster, laid England in a scene of blood for many years. Twelve pitched battles, besides skirmishes and sieges, were fought between Henry and Edward. Twice was Henry prisoner to Edward, who in his turn was prisoner to Henry. And so uncertain is the fate of war and the temper of a nation, when nothing but personal matters are the ground of a quarrel, that Henry was taken in triumph from a prison to a palace, and Edward obliged to fly from a palace to a foreign land; yet, as sudden transitions of temper are seldom lasting, Henry in his turn was driven from the throne, and Edward recalled to succeed him. The parliament always following the strongest side. This contest began in the reign of Henry the Sixth, and was not entirely extinguished till Henry the Seventh, in whom the families were united. Including a period of 67 years, viz., from 1422 to 1489. In short, monarchy and succession have laid (not this or that kingdom only) but the world in blood and ashes. 'Tis a form of government which the word of God bears testimony against, and blood will attend it. If we inquire into the business of a king, we shall find that (in some countries they have none) and after sauntering away their lives without pleasure to themselves or advantage to the nation, withdraw from the scene, and leave their successors to tread the same idle round. In absolute monarchies the whole weight of business civil and military, lies on the king; the children of Israel in their request for a king, urged this plea "that he may judge us, and go out before us and fight our battles." But in countries where he is neither a judge nor a general, as in England, a man would be puzzled to know what is his business. The nearer any government approaches to a republic, the less business there is for a king. It is somewhat difficult to find a proper name for the government of England. Sir William Meredith calls it a republic; but in its present state it is unworthy of the name, because the corrupt influence of the crown, by having all the places in its disposal, hath so effectually swallowed up the power, and eaten out the virtue of the house of commons (the republican part in the constitution) that the government of England is nearly as monarchical as that of France or Spain. Men fall out with names without understanding them. For it is the republican and not the monarchical part of the constitution of England which Englishmen glory in, viz., the liberty of choosing a house of commons from out of their own body- and it is easy to see that when the republican virtue fails, slavery ensues. My is the constitution of England sickly, but because monarchy hath poisoned the republic, the crown hath engrossed the commons? In England a king hath little more to do than to make war and give away places; which in plain terms, is to impoverish the nation and set it together by the ears. A pretty business indeed for a man to be allowed eight hundred thousand sterling a year for, and worshipped into the bargain! Of more worth is one honest man to society, and in the sight of God, than all the crowned ruffians that ever lived.
- Chapter III of Common Sense
THOUGHTS OF THE PRESENT STATE OF AMERICAN AFFAIRS IN the following pages I offer nothing more than simple facts, plain arguments, and common sense; and have no other preliminaries to settle with the reader, than that he will divest himself of prejudice and prepossession, and suffer his reason and his feelings to determine for themselves; that he will put on, or rather that he will not put off the true character of a man, and generously enlarge his views beyond the present day. Volumes have been written on the subject of the struggle between England and America. Men of all ranks have embarked in the controversy, from different motives, and with various designs; but all have been ineffectual, and the period of debate is closed. Arms, as the last resource, decide the contest; the appeal was the choice of the king, and the continent hath accepted the challenge. It hath been reported of the late Mr. Pelham (who tho' an able minister was not without his faults) that on his being attacked in the house of commons, on the score, that his measures were only of a temporary kind, replied, "they will fast my time." Should a thought so fatal and unmanly possess the colonies in the present contest, the name of ancestors will be remembered by future generations with detestation. The sun never shined on a cause of greater worth. 'Tis not the affair of a city, a country, a province, or a kingdom, but of a continent- of at least one eighth part of the habitable globe. 'Tis not the concern of a day, a year, or an age; posterity are virtually involved in the contest, and will be more or less affected, even to the end of time, by the proceedings now. Now is the seed time of continental union, faith and honor. The least fracture now will be like a name engraved with the point of a pin on the tender rind of a young oak; The wound will enlarge with the tree, and posterity read it in full grown characters. By referring the matter from argument to arms, a new area for politics is struck; a new method of thinking hath arisen. All plans, proposals, &c. prior to the nineteenth of April, i.e., to the commencement of hostilities, are like the almanacs of the last year; which, though proper then, are superseded and useless now. Whatever was advanced by the advocates on either side of the question then, terminated in one and the same point, viz., a union with Great Britain; the only difference between the parties was the method of effecting it; the one proposing force, the other friendship; but it hath so far happened that the first hath failed, and the second hath withdrawn her influence. As much hath been said of the advantages of reconciliation, which, like an agreeable dream, hath passed away and left us as we were, it is but right, that we should examine the contrary side of the argument, and inquire into some of the many material injuries which these colonies sustain, and always will sustain, by being connected with, and dependant on Great Britain. To examine that connection and dependance, on the principles of nature and common sense, to see what we have to trust to, if separated, and what we are to expect, if dependant. I have heard it asserted by some, that as America hath flourished under her former connection with Great Britain, that the same connection is necessary towards her future happiness, and will always have the same effect. Nothing can be more fallacious than this kind of argument. We may as well assert, that because a child has thrived upon milk, that it is never to have meat; or that the first twenty years of our lives is to become a precedent for the next twenty. But even this is admitting more than is true, for I answer roundly, that America would have flourished as much, and probably much more, had no European power had any thing to do with her. The commerce by which she hath enriched herself are the necessaries of life, and will always have a market while eating is the custom of Europe. But she has protected us, say some. That she hath engrossed us is true, and defended the continent at our expense as well as her own is admitted, and she would have defended Turkey from the same motive, viz., the sake of trade and dominion. Alas! we have been long led away by ancient prejudices and made large sacrifices to superstition. We have boasted the protection of Great Britain, without considering, that her motive was interest not attachment; that she did not protect us from our enemies on our account, but from her enemies on her own account, from those who had no quarrel with us on any other account, and who will always be our enemies on the same account. Let Britain wave her pretensions to the continent, or the continent throw off the dependance, and we should be at peace with France and Spain were they at war with Britain. The miseries of Hanover last war, ought to warn us against connections. It hath lately been asserted in parliament, that the colonies have no relation to each other but through the parent country, i.e., that Pennsylvania and the Jerseys, and so on for the rest, are sister colonies by the way of England; this is certainly a very roundabout way of proving relation ship, but it is the nearest and only true way of proving enemyship, if I may so call it. France and Spain never were, nor perhaps ever will be our enemies as Americans, but as our being the subjects of Great Britain. But Britain is the parent country, say some. Then the more shame upon her conduct. Even brutes do not devour their young; nor savages make war upon their families; wherefore the assertion, if true, turns to her reproach; but it happens not to be true, or only partly so, and the phrase parent or mother country hath been jesuitically adopted by the king and his parasites, with a low papistical design of gaining an unfair bias on the credulous weakness of our minds. Europe, and not England, is the parent country of America. This new world hath been the asylum for the persecuted lovers off civil and religious liberty from every Part of Europe. Hither have they fled, not from the tender embraces of the mother, but from the cruelty of the monster; and it is so far true of England, that the same tyranny which drove the first emigrants from home pursues their descendants still. In this extensive quarter of the globe, we forget the narrow limits of three hundred and sixty miles (the extent of England) and carry our friendship on a larger scale; we claim brotherhood with every European Christian, and triumph in the generosity of the sentiment. It is pleasant to observe by what regular gradations we surmount the force of local prejudice, as we enlarge our acquaintance with the world. A man born in any town in England divided into parishes, will naturally associate most with his fellow parishioners (because their interests in many cases will be common) and distinguish him by the name of neighbor; if he meet him but a few miles from home, he drops the narrow idea of a street, and salutes him by the name of townsman; if he travels out of the county, and meet him in any other, he forgets the minor divisions of street and town, and calls him countryman; i.e., countyman; but if in their foreign excursions they should associate in France or any other part of Europe, their local remembrance would be enlarged into that of Englishmen. And by a just parity of reasoning, all Europeans meeting in America, or any other quarter of the globe, are countrymen; for England, Holland, Germany, or Sweden, when compared with the whole, stand in the same places on the larger scale, which the divisions of street, town, and county do on the smaller ones; distinctions too limited for continental minds. Not one third of the inhabitants, even of this province, are of English descent. Wherefore, I reprobate the phrase of parent or mother country applied to England only, as being false, selfish, narrow and ungenerous. But admitting that we were all of English descent, what does it amount to? Nothing. Britain, being now an open enemy, extinguishes every other name and title: And to say that reconciliation is our duty, is truly farcical. The first king of England, of the present line (William the Conqueror) was a Frenchman, and half the peers of England are descendants from the same country; wherefore by the same method of reasoning, England ought to be governed by France. Much hath been said of the united strength of Britain and the colonies, that in conjunction they might bid defiance to the world. But this is mere presumption; the fate of war is uncertain, neither do the expressions mean anything; for this continent would never suffer itself to be drained of inhabitants to support the British arms in either Asia, Africa, or Europe. Besides, what have we to do with setting the world at defiance? Our plan is commerce, and that, well attended to,will secure us the peace and friendship of all Europe; because it is the interest of all Europe to have America a free port. Her trade will always be a protection, and her barrenness of gold and silver secure her from invaders. I challenge the warmest advocate for reconciliation, to show, a single advantage that this continent can reap, by being connected with Great Britain. I repeat the challenge, not a single advantage is derived. Our corn will fetch its price in any market in Europe, and our imported goods must be paid for buy them where we will. But the injuries and disadvantages we sustain by that connection, are without number; and our duty to mankind I at large, as well as to ourselves, instruct us to renounce the alliance: Because, any submission to, or dependance on Great Britain, tends directly to involve this continent in European wars and quarrels; and sets us at variance with nations, who would otherwise seek our friendship, and against whom, we have neither anger nor complaint. As Europe is our market for trade, we ought to form no partial connection with any part of it. It is the true interest of America to steer clear of European contentions, which she never can do, while by her dependance on Britain, she is made the make-weight in the scale of British politics. Europe is too thickly planted with kingdoms to be long at peace, and whenever a war breaks out between England and any foreign power, the trade of America goes to ruin, because of her connection with Britain. The next war may not turn out like the Past, and should it not, the advocates for reconciliation now will be wishing for separation then, because, neutrality in that case, would be a safer convoy than a man of war. Every thing that is right or natural pleads for separation. The blood of the slain, the weeping voice of nature cries, 'tis time to part. Even the distance at which the Almighty hath placed England and America, is a strong and natural proof, that the authority of the one, over the other, was never the design of Heaven. The time likewise at which the continent was discovered, adds weight to the argument, and the manner in which it was peopled increases the force of it. The reformation was preceded by the discovery of America, as if the Almighty graciously meant to open a sanctuary to the persecuted in future years, when home should afford neither friendship nor safety. The authority of Great Britain over this continent, is a form of government, which sooner or later must have an end: And a serious mind can draw no true pleasure by looking forward, under the painful and positive conviction, that what he calls "the present constitution" is merely temporary. As parents, we can have no joy, knowing that this government is not sufficiently lasting to ensure any thing which we may bequeath to posterity: And by a plain method of argument, as we are running the next generation into debt, we ought to do the work of it, otherwise we use them meanly and pitifully. In order to discover the line of our duty rightly, we should take our children in our hand, and fix our station a few years farther into life; that eminence will present a prospect, which a few present fears and prejudices conceal from our sight. Though I would carefully avoid giving unnecessary offence, yet I am inclined to believe, that all those who espouse the doctrine of reconciliation, may be included within the following descriptions: Interested men, who are not to be trusted; weak men who cannot see; prejudiced men who will not see; and a certain set of moderate men, who think better of the European world than it deserves; and this last class by an ill-judged deliberation, will be the cause of more calamities to this continent than all the other three. It is the good fortune of many to live distant from the scene of sorrow; the evil is not sufficiently brought to their doors to make them feel the precariousness with which all American property is possessed. But let our imaginations transport us for a few moments to Boston, that seat of wretchedness will teach us wisdom, and instruct us for ever to renounce a power in whom we can have no trust. The inhabitants of that unfortunate city, who but a few months ago were in ease and affluence, have now no other alternative than to stay and starve, or turn out to beg. Endangered by the fire of their friends if they continue within the city, and plundered by the soldiery if they leave it. In their present condition they are prisoners without the hope of redemption, and in a general attack for their relief, they would be exposed to the fury of both armies. Men of passive tempers look somewhat lightly over the offenses of Britain, and, still hoping for the best, are apt to call out, Come we shall be friends again for all this. But examine the passions and feelings of mankind. Bring the doctrine of reconciliation to the touchstone of nature, and then tell me, whether you can hereafter love, honor, and faithfully serve the power that hath carried fire and sword into your land? If you cannot do all these, then are you only deceiving yourselves, and by your delay bringing ruin upon posterity. Your future connection with Britain, whom you can neither love nor honor, will be forced and unnatural, and being formed only on the plan of present convenience, will in a little time fall into a relapse more wretched than the first. But if you say, you can still pass the violations over, then I ask, Hath your house been burnt? Hath you property been destroyed before your face? Are your wife and children destitute of a bed to lie on, or bread to live on? Have you lost a parent or a child by their hands, and yourself the ruined and wretched survivor? If you have not, then are you not a judge of those who have. But if you have, and can still shake hands with the murderers, then are you unworthy the name of husband, father, friend, or lover, and whatever may be your rank or title in life, you have the heart of a coward, and the spirit of a sycophant. This is not inflaming or exaggerating matters, but trying them by those feelings and affections which nature justifies, and without which, we should be incapable of discharging the social duties of life, or enjoying the felicities of it. I mean not to exhibit horror for the purpose of provoking revenge, but to awaken us from fatal and unmanly slumbers, that we may pursue determinately some fixed object. It is not in the power of Britain or of Europe to conquer America, if she do not conquer herself by delay and timidity. The present winter is worth an age if rightly employed, but if lost or neglected, the whole continent will partake of the misfortune; and there is no punishment which that man will not deserve, be he who, or what, or where he will, that may be the means of sacrificing a season so precious and useful. It is repugnant to reason, to the universal order of things, to all examples from the former ages, to suppose, that this continent can longer remain subject to any external power. The most sanguine in Britain does not think so. The utmost stretch of human wisdom cannot, at this time compass a plan short of separation, which can promise the continent even a year's security. Reconciliation is was a fallacious dream. Nature hath deserted the connection, and Art cannot supply her place. For, as Milton wisely expresses, "never can true reconcilement grow where wounds of deadly hate have pierced so deep." Every quiet method for peace hath been ineffectual. Our prayers have been rejected with disdain; and only tended to convince us, that nothing flatters vanity, or confirms obstinacy in kings more than repeated petitioning- and nothing hath contributed more than that very measure to make the kings of Europe absolute: Witness Denmark and Sweden. Wherefore since nothing but blows will do, for God's sake, let us come to a final separation, and not leave the next generation to be cutting throats, under the violated unmeaning names of parent and child. To say, they will never attempt it again is idle and visionary, we thought so at the repeal of the stamp act, yet a year or two undeceived us; as well me we may suppose that nations, which have been once defeated, will never renew the quarrel. As to government matters, it is not in the powers of Britain to do this continent justice: The business of it will soon be too weighty, and intricate, to be managed with any tolerable degree of convenience, by a power, so distant from us, and so very ignorant of us; for if they cannot conquer us, they cannot govern us. To be always running three or four thousand miles with a tale or a petition, waiting four or five months for an answer, which when obtained requires five or six more to explain it in, will in a few years be looked upon as folly and childishness- there was a time when it was proper, and there is a proper time for it to cease. Small islands not capable of protecting themselves, are the proper objects for kingdoms to take under their care; but there is something very absurd, in supposing a continent to be perpetually governed by an island. In no instance hath nature made the satellite larger than its primary planet, and as England and America, with respect to each Other, reverses the common order of nature, it is evident they belong to different systems: England to Europe- America to itself. I am not induced by motives of pride, party, or resentment to espouse the doctrine of separation and independence; I am clearly, positively, and conscientiously persuaded that it is the true interest of this continent to be so; that every thing short of that is mere patchwork, that it can afford no lasting felicity,- that it is leaving the sword to our children, and shrinking back at a time, when, a little more, a little farther, would have rendered this continent the glory of the earth. As Britain hath not manifested the least inclination towards a compromise, we may be assured that no terms can be obtained worthy the acceptance of the continent, or any ways equal to the expense of blood and treasure we have been already put to. The object contended for, ought always to bear some just proportion to the expense. The removal of the North, or the whole detestable junto, is a matter unworthy the millions we have expended. A temporary stoppage of trade, was an inconvenience, which would have sufficiently balanced the repeal of all the acts complained of, had such repeals been obtained; but if the whole continent must take up arms, if every man must be a soldier, it is scarcely worth our while to fight against a contemptible ministry only. Dearly, dearly, do we pay for the repeal of the acts, if that is all we fight for; for in a just estimation, it is as great a folly to pay a Bunker Hill price for law, as for land. As I have always considered the independency of this continent, as an event, which sooner or later must arrive, so from the late rapid progress of the continent to maturity, the event could not be far off. Wherefore, on the breaking out of hostilities, it was not worth the while to have disputed a matter, which time would have finally redressed, unless we meant to be in earnest; otherwise, it is like wasting an estate of a suit at law, to regulate the trespasses of a tenant, whose lease is just expiring. No man was a warmer wisher for reconciliation than myself, before the fatal nineteenth of April, 1775 (Massacre at Lexington), but the moment the event of that day was made known, I rejected the hardened, sullen tempered Pharaoh of England for ever; and disdain the wretch, that with the pretended title of Father of his people, can unfeelingly hear of their slaughter, and composedly sleep with their blood upon his soul. But admitting that matters were now made up, what would be the event? I answer, the ruin of the continent. And that for several reasons: First. The powers of governing still remaining in the hands of the king, he will have a negative over the whole legislation of this continent. And as he hath shown himself such an inveterate enemy to liberty, and discovered such a thirst for arbitrary power, is he, or is he not, a proper man to say to these colonies, "You shall make no laws but what I please?" And is there any inhabitants in America so ignorant, as not to know, that according to what is called the present constitution, that this continent can make no laws but what the king gives leave to? and is there any man so unwise, as not to see, that (considering what has happened) he will suffer no Law to be made here, but such as suit his purpose? We may be as effectually enslaved by the want of laws in America, as by submitting to laws made for us in England. After matters are make up (as it is called) can there be any doubt but the whole power of the crown will be exerted, to keep this continent as low and humble as possible? Instead of going forward we shall go backward, or be perpetually quarrelling or ridiculously petitioning. We are already greater than the king wishes us to be, and will he not hereafter endeavor to make us less? To bring the matter to one point. Is the power who is jealous of our prosperity, a proper power to govern us? Whoever says No to this question is an independent, for independency means no more, than, whether we shall make our own laws, or whether the king, the greatest enemy this continent hath, or can have, shall tell us, "there shall be now laws but such as I like." But the king you will say has a negative in England; the people there can make no laws without his consent. in point of right and good order, there is something very ridiculous, that a youth of twenty-one (which hath often happened) shall say to several millions of people, older and wiser than himself, I forbid this or that act of yours to be law. But in this place I decline this sort of reply, though I will never cease to expose the absurdity of it, and only answer, that England being the king's residence, and America not so, make quite another case. The king's negative here is ten times more dangerous and fatal than it can be in England, for there he will scarcely refuse his consent to a bill for putting England into as strong a state of defence as possible, and in America he would never suffer such a bill to be passed. America is only a secondary object in the system of British politics- England consults the good of this country, no farther than it answers her own purpose. Wherefore, her own interest leads her to suppress the growth of ours in every case which doth not promote her advantage, or in the least interfere with it. A pretty state we should soon be in under such a second-hand government, considering what has happened! Men do not change from enemies to friends by the alteration of a name; and in order to show that reconciliation now is a dangerous doctrine, I affirm, that it would be policy in the kingdom at this time, to repeal the acts for the sake of reinstating himself in the government of the provinces; in order, that he may accomplish by craft and subtlety, in the long run, wha he cannot do by force ans violence in the short one. Reconciliation and ruin are nearly related. Secondly. That as even the best terms, which we can expect to obtain, can amount to no more than a temporary expedient, or a kind of government by guardianship, which can last no longer than till the colonies come of age, so the general face and state of things, in the interim, will be unsettled and unpromising. Emigrants of property will not choose to come to a country whose form of government hangs but by a thread, and who is every day tottering on the brink of commotion and disturbance; and numbers of the present inhabitants would lay hold of the interval, to dispose of their effects, and quit the continent. But the most powerful of all arguments, is, that nothing but independence, i.e., a continental form of government, can keep the peace of the continent and preserve it inviolate from civil wars. I dread the event of a reconciliation with Britain now, as it is more than probable, that it will be followed by a revolt somewhere or other, the consequences of which may be far more fatal than all the malice of Britain. Thousands are already ruined by British barbarity; (thousands more will probably suffer the same fate.) Those men have other feelings than us who have nothing suffered. All they now possess is liberty, what they before enjoyed is sacrificed to its service, and having nothing more to lose, they disdain submission. Besides, the general temper of the colonies, towards a British government, will be like that of a youth, who is nearly out of his time, they will care very little about her. And a government which cannot preserve the peace, is no government at all, and in that case we pay our money for nothing; and pray what is it that Britain can do, whose power will be wholly on paper, should a civil tumult break out the very day after reconciliation? I have heard some men say, many of whom I believe spoke without thinking, that they dreaded independence, fearing that it would produce civil wars. It is but seldom that our first thoughts are truly correct, and that is the case here; for there are ten times more to dread from a patched up connection than from independence. I make the sufferers case my own, and I protest, that were I driven from house and home, my property destroyed, and my circumstances ruined, that as man, sensible of injuries, I could never relish the doctrine of reconciliation, or consider myself bound thereby. The colonies have manifested such a spirit of good order and obedience to continental government, as is sufficient to make every reasonable person easy and happy on that head. No man can assign the least pretence for his fears, on any other grounds, that such as are truly childish and ridiculous, viz., that one colony will be striving for superiority over another. Where there are no distinctions there can be no superiority, perfect equality affords no temptation. The republics of Europe are all (and we may say always) in peace. Holland and Switzerland are without wars, foreign or domestic; monarchical governments, it is true, are never long at rest: the crown itself is a temptation to enterprising ruffians at home; and that degree of pride and insolence ever attendant on regal authority swells into a rupture with foreign powers, in instances where a republican government, by being formed on more natural principles, would negotiate the mistake. If there is any true cause of fear respecting independence it is because no plan is yet laid down. Men do not see their way out; wherefore, as an opening into that business I offer the following hints; at the same time modestly affirming, that I have no other opinion of them myself, than that they may be the means of giving rise to something better. Could the straggling thoughts of individuals be collected, they would frequently form materials for wise and able men to improve to useful matter. Let the assemblies be annual, with a President only. The representation more equal. Their business wholly domestic, and subject to the authority of a continental congress. Let each colony be divided into six, eight, or ten, convenient districts, each district to send a proper number of delegates to congress, so that each colony send at least thirty. The whole number in congress will be at least three hundred ninety. Each congress to sit..... and to choose a president by the following method. When the delegates are met, let a colony be taken from the whole thirteen colonies by lot, after which let the whole congress choose (by ballot) a president from out of the delegates of that province. I the next Congress, let a colony be taken by lot from twelve only, omitting that colony from which the president was taken in the former congress, and so proceeding on till the whole thirteen shall have had their proper rotation. And in order that nothing may pass into a law but what is satisfactorily just, not less than three fifths of the congress to be called a majority. He that will promote discord, under a government so equally formed as this, would join Lucifer in his revolt. But as there is a peculiar delicacy, from whom, or in what manner, this business must first arise, and as it seems most agreeable and consistent, that it should come from some intermediate body between the governed and the governors, that is between the Congress and the people, let a Continental Conference be held, in the following manner, and for the following purpose: A committee of twenty-six members of Congress, viz., two for each colony. Two members for each house of assembly, or provincial convention; and five representatives of the people at large, to be chosen in the capital city or town of each province, for, and in behalf of the whole province, by as many qualified voters as shall think proper to attend from all parts of the province for that purpose; or, if more convenient, the representatives may be chosen in two or three of the most populous parts thereof. In this conference, thus assembled, will be united, the two grand principles of business, knowledge and power. The members of Congress, Assemblies, or Conventions, by having had experience in national concerns, will be able and useful counsellors, and the whole, being empowered by the people will have a truly legal authority. The conferring members being met, let their business be to frame a Continental Charter, or Charter of the United Colonies; (answering to what is called the Magna Charta of England) fixing the number and manner of choosing members of Congress, members of Assembly, with their date of sitting, and drawing the line of business and jurisdiction between them: always remembering, that our strength is continental, not provincial: Securing freedom and property to all men, and above all things the free exercise of religion, according to the dictates of conscience; with such other matter as is necessary for a charter to contain. Immediately after which, the said conference to dissolve, and the bodies which shall be chosen conformable to the said charter, to be the legislators and governors of this continent for the time being: Whose peace and happiness, may God preserve, Amen. Should any body of men be hereafter delegated for this or some similar purpose, I offer them the following extracts from that wise observer on governments Dragonetti. "The science" says he, "of the politician consists in fixing the true point of happiness and freedom. Those men would deserve the gratitude of ages, who should discover a mode of government that contained the greatest sum of individual happiness, with the least national expense."- Dragonetti on Virtue and Rewards. But where says some is the king of America? I'll tell you Friend, he reigns above, and doth not make havoc of mankind like the Royal of Britain. Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king. For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other. But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is. A government of our own is our natural right: And when a man seriously reflects on the precariousness of human affairs, he will become convinced, that it is in finitely wiser and safer, to form a constitution of our own in a cool deliberate manner, while we have it in our power, than to trust such an interesting event to time and chance. If we omit it now, some Massenello * may hereafter arise, who laying hold of popular disquietudes, may collect together the desperate and the discontented, and by assuming to themselves the powers of government, may sweep away the liberties of the continent like a deluge. Should the government of America return again into the hands of Britain, the tottering situation of things, will be a temptation for some desperate adventurer to try his fortune; and in such a case, what relief can Britain give? Ere she could hear the news the fatal business might be done, and ourselves suffering like the wretched Britons under the oppression of the Conqueror. Ye that oppose independence now, ye know not what ye do; ye are opening a door to eternal tyranny, by keeping vacant the seat of government. * Thomas Anello, otherwise Massenello, a fisherman of Naples, who after spiriting up his countrymen in the public market place, against the oppression of the Spaniards, to whom the place was then subject, prompted them to revolt, and in the space of a day became king. There are thousands and tens of thousands; who would think it glorious to expel from the continent, that barbarous and hellish power, which hath stirred up the Indians and Negroes to destroy us; the cruelty hath a double guilt, it is dealing brutally by us, and treacherously by them. To talk of friendship with those in whom our reason forbids us to have faith, and our affections, (wounded through a thousand pores) instruct us to detest, is madness and folly. Every day wears out the little remains of kindred between us and them, and can there be any reason to hope, that as the relationship expires, the affection will increase, or that we shall agree better, when we have ten times more and greater concerns to quarrel over than ever? Ye that tell us of harmony and reconciliation, can ye restore to us the time that is past? Can ye give to prostitution its former innocence? Neither can ye reconcile Britain and America. The last cord now is broken, the people of England are presenting addresses against us. There are injuries which nature cannot forgive; she would cease to be nature if she did. As well can the lover forgive the ravisher of his mistress, as the continent forgive the murders of Britain. The Almighty hath implanted in us these inextinguishable feelings for good and wise purposes. They are the guardians of his image in our hearts. They distinguish us from the herd of common animals. The social compact would dissolve, and justice be extirpated the earth, of have only a casual existence were we callous to the touches of affection. The robber and the murderer, would often escape unpunished, did not the injuries which our tempers sustain, provoke us into justice. O ye that love mankind! Ye that dare oppose, not only the tyranny, but the tyrant, stand forth! Every spot of the old world is overrun with oppression. Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her. Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind.
- Chapter IIII of Common Sense
OF THE PRESENT ABILITY OF AMERICA, WITH SOME MISCELLANEOUS REFLECTIONS I HAVE never met with a man, either in England or America, who hath not confessed his opinion, that a separation between the countries, would take place one time or other. And there is no instance in which we have shown less judgment, than in endeavoring to describe, what we call, the ripeness or fitness of the Continent for independence. As all men allow the measure, and vary only in their opinion of the time, let us, in order to remove mistakes, take a general survey of things and endeavor if possible, to find out the very time. But we need not go far, the inquiry ceases at once, for the time hath found us. The general concurrence, the glorious union of all things prove the fact. It is not in numbers but in unity, that our great strength lies; yet our present numbers are sufficient to repel the force of all the world. The Continent hath, at this time, the largest body of armed and disciplined men of any power under Heaven; and is just arrived at that pitch of strength, in which no single colony is able to support itself, and the whole, who united can accomplish the matter, and either more, or, less than this, might be fatal in its effects. Our land force is already sufficient, and as to naval affairs, we cannot be insensible, that Britain would never suffer an American man of war to be built while the continent remained in her hands. Wherefore we should be no forwarder an hundred years hence in that branch, than we are now; but the truth is, we should be less so, because the timber of the country is every day diminishing, and that which will remain at last, will be far off and difficult to procure. Were the continent crowded with inhabitants, her sufferings under the present circumstances would be intolerable. The more sea port towns we had, the more should we have both to defend and to loose. Our present numbers are so happily proportioned to our wants, that no man need be idle. The diminution of trade affords an army, and the necessities of an army create a new trade. Debts we have none; and whatever we may contract on this account will serve as a glorious memento of our virtue. Can we but leave posterity with a settled form of government, an independent constitution of its own, the purchase at any price will be cheap. But to expend millions for the sake of getting a few we acts repealed, and routing the present ministry only, is unworthy the charge, and is using posterity with the utmost cruelty; because it is leaving them the great work to do, and a debt upon their backs, from which they derive no advantage. Such a thought is unworthy a man of honor, and is the true characteristic of a narrow heart and a peddling politician. The debt we may contract doth not deserve our regard if the work be but accomplished. No nation ought to be without a debt. A national debt is a national bond; and when it bears no interest, is in no case a grievance. Britain is oppressed with a debt of upwards of one hundred and forty millions sterling, for which she pays upwards of four millions interest. And as a compensation for her debt, she has a large navy; America is without a debt, and without a navy; yet for the twentieth part of the English national debt, could have a navy as large again. The navy of England is not worth, at this time, more than three millions and a half sterling. No country on the globe is so happily situated, so internally capable of raising a fleet as America. Tar, timber, iron, and cordage are her natural produce. We need go abroad for nothing. Whereas the Dutch, who make large profits by hiring out their ships of war to the Spaniards and Portuguese, are obliged to import most of the materials they use. We ought to view the building a fleet as an article of commerce, it being the natural manufactory of this country. It is the best money we can lay out. A navy when finished is worth more than it cost. And is that nice point in national policy, in which commerce and protection are united. Let us build; if we want them not, we can sell; and by that means replace our paper currency with ready gold and silver. In point of manning a fleet, people in general run into great errors; it is not necessary that one-fourth part should be sailors. The privateer Terrible, Captain Death, stood the hottest engagement of any ship last war, yet had not twenty sailors on board, though her complement of men was upwards of two hundred. A few able and social sailors will soon instruct a sufficient number of active landsmen in the common work of a ship. Wherefore, we never can be more capable to begin on maritime matters than now, while our timber is standing, our fisheries blocked up, and our sailors and shipwrights out of employ. Men of war of seventy and eighty guns were built forty years ago in New England, and why not the same now? Ship building is America's greatest pride, and in which, she will in time excel the whole world. The great empires of the east are mostly inland, and consequently excluded from the possibility of rivalling her. Africa is in a state of barbarism; and no power in Europe, hath either such an extent or coast, or such an internal supply of materials. Where nature hath given the one, she has withheld the other; to America only hath she been liberal of both. The vast empire of Russia is almost shut out from the sea; wherefore, her boundless forests, her tar, iron, and cordage are only articles of commerce. In point of safety, ought we to be without a fleet? We are not the little people now, which we were sixty years ago; at that time we might have trusted our property in the streets, or fields rather; and slept securely without locks or bolts to our doors or windows. The case now is altered, and our methods of defence ought to improve with our increase of property. A common pirate, twelve months ago, might have come up the Delaware, and laid the city of Philadelphia under instant contribution, for what sum he pleased; and the same might have happened to other places. Nay, any daring fellow, in a brig of fourteen or sixteen guns, might have robbed the whole Continent, and carried off half a million of money. These are circumstances which demand our attention, and point out the necessity of naval protection. Some, perhaps, will say, that after we have made it up with Britain, she will protect us. Can we be so unwise as to mean, that she shall keep a navy in our harbors for that purpose? Common sense will tell us, that the power which hath endeavored to subdue us, is of all others the most improper to defend us. Conquest may be effected under the pretence of friendship; and ourselves, after a long and brave resistance, be at last cheated into slavery. And if her ships are not to be admitted into our harbors, I would ask, how is she to protect us? A navy three or four thousand miles off can be of little use, and on sudden emergencies, none at all. Wherefore, if we must hereafter protect ourselves, why not do it for ourselves? Why do it for another? The English list of ships of war is long and formidable, but not a tenth part of them are at any one time fit for service, numbers of them not in being; yet their names are pompously continued in the list, if only a plank be left of the ship: and not a fifth part, of such as are fit for service, can be spared on any one station at one time. The East, and West Indies, Mediterranean, Africa, and other parts over which Britain extends her claim, make large demands upon her navy. From a mixture of prejudice and inattention, we have contracted a false notion respecting the navy of England, and have talked as if we should have the whole of it to encounter at once, and for that reason, supposed that we must have one as large; which not being instantly practicable, have been made use of by a set of disguised tories to discourage our beginning thereon. Nothing can be farther from truth than this; for if America had only a twentieth part of the naval force of Britain, she would be by far an over match for her; because, as we neither have, nor claim any foreign dominion, our whole force would be employed on our own coast, where we should, in the long run, have two to one the advantage of those who had three or four thousand miles to sail over, before they could attack us, and the same distance to return in order to refit and recruit. And although Britain by her fleet, hath a check over our trade to Europe, we have as large a one over her trade to the West Indies, which, by laying in the neighborhood of the Continent, is entirely at its mercy. Some method might be fallen on to keep up a naval force in time of peace, if we should not judge it necessary to support a constant navy. If premiums were to be given to merchants, to build and employ in their service, ships mounted with twenty, thirty, forty, or fifty guns, (the premiums to be in proportion to the loss of bulk to the merchants) fifty or sixty of those ships, with a few guard ships on constant duty, would keep up a sufficient navy, and that without burdening ourselves with the evil so loudly complained of in England, of suffering their fleet, in time of peace to lie rotting in the docks. To unite the sinews of commerce and defence is sound policy; for when our strength and our riches, play into each other's hand, we need fear no external enemy. In almost every article of defence we abound. Hemp flourishes even to rankness, so that we need not want cordage. Our iron is superior to that of other countries. Our small arms equal to any in the world. Cannon we can cast at pleasure. Saltpetre and gunpowder we are every day producing. Our knowledge is hourly improving. Resolution is our inherent character, and courage hath never yet forsaken us. Wherefore, what is it that we want? Why is it that we hesitate? From Britain we can expect nothing but ruin. If she is once admitted to the government of America again, this Continent will not be worth living in. Jealousies will be always arising; insurrections will be constantly happening; and who will go forth to quell them? Who will venture his life to reduce his own countrymen to a foreign obedience? The difference between Pennsylvania and Connecticut, respecting some unlocated lands, shows the insignificance of a British government, and fully proves, that nothing but Continental authority can regulate Continental matters. Another reason why the present time is preferable to all others, is, that the fewer our numbers are, the more land there is yet unoccupied, which instead of being lavished by the king on his worthless dependents, may be hereafter applied, not only to the discharge of the present debt, but to the constant support of government. No nation under heaven hath such an advantage as this. The infant state of the Colonies, as it is called, so far from being against, is an argument in favor of independence. We are sufficiently numerous, and were we more so, we might be less united. It is a matter worthy of observation, that the more a country is peopled, the smaller their armies are. In military numbers, the ancients far exceeded the moderns: and the reason is evident, for trade being the consequence of population, men become too much absorbed thereby to attend to anything else. Commerce diminishes the spirit, both of patriotism and military defence. And history sufficiently informs us, that the bravest achievements were always accomplished in the non-age of a nation. With the increase of commerce England hath lost its spirit. The city of London, notwithstanding its numbers, submits to continued insults with the patience of a coward. The more men have to lose, the less willing are they to venture. The rich are in general slaves to fear, and submit to courtly power with the trembling duplicity of a spaniel. Youth is the seed-time of good habits, as well in nations as in individuals. It might be difficult, if not impossible, to form the Continent into one government half a century hence. The vast variety of interests, occasioned by an increase of trade and population, would create confusion. Colony would be against colony. Each being able might scorn each other's assistance: and while the proud and foolish gloried in their little distinctions, the wise would lament that the union had not been formed before. Wherefore, the present time is the true time for establishing it. The intimacy which is contracted in infancy, and the friendship which is formed in misfortune, are, of all others, the most lasting and unalterable. Our present union is marked with both these characters: we are young, and we have been distressed; but our concord hath withstood our troubles, and fixes a memorable area for posterity to glory in. The present time, likewise, is that peculiar time, which never happens to a nation but once, viz., the time of forming itself into a government. Most nations have let slip the opportunity, and by that means have been compelled to receive laws from their conquerors, instead of making laws for themselves. First, they had a king, and then a form of government; whereas, the articles or charter of government, should be formed first, and men delegated to execute them afterwards: but from the errors of other nations, let us learn wisdom, and lay hold of the present opportunity- to begin government at the right end. When William the Conqueror subdued England he gave them law at the point of the sword; and until we consent that the seat of government in America, be legally and authoritatively occupied, we shall be in danger of having it filled by some fortunate ruffian, who may treat us in the same manner, and then, where will be our freedom? where our property? As to religion, I hold it to be the indispensable duty of all government, to protect all conscientious professors thereof, and I know of no other business which government hath to do therewith. Let a man throw aside that narrowness of soul, that selfishness of principle, which the niggards of all professions are so unwilling to part with, and he will be at once delivered of his fears on that head. Suspicion is the companion of mean souls, and the bane of all good society. For myself I fully and conscientiously believe, that it is the will of the Almighty, that there should be diversity of religious opinions among us: It affords a larger field for our Christian kindness. Were we all of one way of thinking, our religious dispositions would want matter for probation; and on this liberal principle, I look on the various denominations among us, to be like children of the same family, differing only, in what is called their Christian names. Earlier in this work, I threw out a few thoughts on the propriety of a Continental Charter, (for I only presume to offer hints, not plans) and in this place, I take the liberty of rementioning the subject, by observing, that a charter is to be understood as a bond of solemn obligation, which the whole enters into, to support the right of every separate part, whether of religion, personal freedom, or property, A firm bargain and a right reckoning make long friends. In a former page I likewise mentioned the necessity of a large and equal representation; and there is no political matter which more deserves our attention. A small number of electors, or a small number of representatives, are equally dangerous. But if the number of the representatives be not only small, but unequal, the danger is increased. As an instance of this, I mention the following; when the Associators petition was before the House of Assembly of Pennsylvania; twenty-eight members only were present, all the Bucks County members, being eight, voted against it, and had seven of the Chester members done the same, this whole province had been governed by two counties only, and this danger it is always exposed to. The unwarrantable stretch likewise, which that house made in their last sitting, to gain an undue authority over the delegates of that province, ought to warn the people at large, how they trust power out of their own hands. A set of instructions for the Delegates were put together, which in point of sense and business would have dishonored a school-boy, and after being approved by a few, a very few without doors, were carried into the house, and there passed in behalf of the whole colony; whereas, did the whole colony know, with what ill-will that House hath entered on some necessary public measures, they would not hesitate a moment to think them unworthy of such a trust. Immediate necessity makes many things convenient, which if continued would grow into oppressions. Expedience and right are different things. When the calamities of America required a consultation, there was no method so ready, or at that time so proper, as to appoint persons from the several Houses of Assembly for that purpose and the wisdom with which they have proceeded hath preserved this continent from ruin. But as it is more than probable that we shall never be without a Congress, every well-wisher to good order, must own, that the mode for choosing members of that body, deserves consideration. And I put it as a question to those, who make a study of mankind, whether representation and election is not too great a power for one and the same body of men to possess? When we are planning for posterity, we ought to remember that virtue is not hereditary. It is from our enemies that we often gain excellent maxims, and are frequently surprised into reason by their mistakes. Mr. Cornwall (one of the Lords of the Treasury) treated the petition of the New York Assembly with contempt, because that House, he said, consisted but of twenty-six members, which trifling number, he argued, could not with decency be put for the whole. We thank him for his involuntary honesty. * *Those who would fully understand of what great consequence a large and equal representation is to a state, should read Burgh's political Disquisitions. To conclude: However strange it may appear to some, or however unwilling they may be to think so, matters not, but many strong and striking reasons may be given, to show, that nothing can settle our affairs so expeditiously as an open and determined declaration for independence. Some of which are: First. It is the custom of nations, when any two are at war, for some other powers, not engaged in the quarrel, to step in as mediators, and bring about the preliminaries of a peace: but while America calls herself the subject of Great Britain, no power, however well disposed she may be, can offer her mediation. Wherefore, in our present state we may quarrel on for ever. Secondly. It is unreasonable to suppose, that France or Spain will give us any kind of assistance, if we mean only to make use of that assistance for the purpose of repairing the breach, and strengthening the connection between Britain and America; because, those powers would be sufferers by the consequences. Thirdly. While we profess ourselves the subjects of Britain, we must, in the eye of foreign nations, be considered as rebels. The precedent is somewhat dangerous to their peace, for men to be in arms under the name of subjects; we on the spot, can solve the paradox: but to unite resistance and subjection, requires an idea much too refined for common understanding. Fourthly. Were a manifesto to be published, and despatched to foreign courts, setting forth the miseries we have endured, and the peaceable methods we have ineffectually used for redress; declaring, at the same time, that not being able, any longer to live happily or safely under the cruel disposition of the British court, we had been driven to the necessity of breaking off all connection with her; at the same time assuring all such courts of our peaceable disposition towards them, and of our desire of entering into trade with them. Such a memorial would produce more good effects to this Continent, than if a ship were freighted with petitions to Britain. Under our present denomination of British subjects we can neither be received nor heard abroad: The custom of all courts is against us, and will be so, until, by an independence, we take rank with other nations. These proceedings may at first appear strange and difficult; but, like all other steps which we have already passed over, will in a little time become familiar and agreeable; and, until an independence is declared, the continent will feel itself like a man who continues putting off some unpleasant business from day to day, yet knows it must be done, hates to set about it, wishes it over, and is continually haunted with the thoughts of its necessity.
- Appendix to Common Sense
APPENDIX SINCE the publication of the first edition of this pamphlet, or rather, on the same day on which it came out, the king's speech made its appearance in this city. Had the spirit of prophecy directed the birth of this production, it could not have brought it forth, at a more seasonable juncture, or a more necessary time. The bloody-mindedness of the one, show the necessity of pursuing the doctrine of the other. Men read by way of revenge. And the speech instead of terrifying, prepared a way for the manly principles of independence. Ceremony, and even, silence, from whatever motive they may arise, have a hurtful tendency, when they give the least degree of countenance to base and wicked performances; wherefore, if this maxim be admitted, it naturally follows, that the king's speech, as being a piece of finished villainy, deserved, and still deserves, a general execration both by the congress and the people. Yet as the domestic tranquility of a nation, depends greatly on the chastity of what may properly be called national manners, it is often better, to pass some things over in silent disdain, than to make use of such new methods of dislike, as might introduce the least innovation, on that guardian of our peace and safety. And perhaps, it is chiefly owing to this prudent delicacy, that the king's speech, hath not before now, suffered a public execution. The speech if it may be called one, is nothing better than a wilful audacious libel against the truth, the common good, and the existence of mankind; and is a formal and pompous method of offering up human sacrifices to the pride of tyrants. But this general massacre of mankind, is one of the privileges, and the certain consequences of kings; for as nature knows them not, they know not her, and although they are beings of our own creating, they know not us, and are become the gods of their creators. The speech hath one good quality, which is, that it is not calculated to deceive, neither can we, even if we would, be deceived by it. Brutality and tyranny appear on the face of it. It leaves us at no loss: And every line convinces, even in the moment of reading, that He, who hunts the woods for prey, the naked and untutored Indian, is less a savage than the king of Britain. Sir John Dalrymple, the putative father of a whining jesuitical piece, fallaciously called, The address of the people of ENGLAND to the inhabitants of America, hath, perhaps from a vain supposition, that the people here were to be frightened at the pomp and description of a king, given, (though very unwisely on his part) the real character of the present one: "But," says this writer, "if you are inclined to pay compliments to an administration, which we do not complain of," (meaning the Marquis of Rockingham's at the repeal of the Stamp Act) "it is very unfair in you to withhold them from that prince, by whose NOD ALONE they were permitted to do anything." This is toryism with a witness! Here is idolatry even without a mask: And he who can calmly hear, and digest such doctrine, hath forfeited his claim to rationality an apostate from the order of manhood; and ought to be considered- as one, who hath, not only given up the proper dignity of a man, but sunk himself beneath the rank of animals, and contemptibly crawl through the world like a worm. However, it matters very little now, what the king of England either says or does; he hath wickedly broken through every moral and human obligation, trampled nature and conscience beneath his feet; and by a steady and constitutional spirit of insolence and cruelty, procured for himself an universal hatred. It is now the interest of America to provide for herself. She hath already a large and young family, whom it is more her duty to take care of, than to be granting away her property, to support a power who is become a reproach to the names of men and Christians. Ye, whose office it is to watch over the morals of a nation, of whatsoever sect or denomination ye are of, as well as ye, who are more immediately the guardians of the public liberty, if ye wish to preserve your native country uncontaminated by European corruption, ye must in secret wish a separation But leaving the moral part to private reflection, I shall chiefly confine my farther remarks to the following heads: First. That it is the interest of America to be separated from Britain. Secondly. Which is the easiest and most practicable plan, reconciliation or independence? with some occasional remarks. In support of the first, I could, if I judged it proper, produce the opinion of some of the ablest and most experienced men on this continent; and whose sentiments, on that head, are not yet publicly known. It is in reality a self-evident position: For no nation in a state of foreign dependance, limited in its commerce, and cramped and fettered in its legislative powers, can ever arrive at any material eminence. America doth not yet know what opulence is; and although the progress which she hath made stands unparalleled in the history of other nations, it is but childhood, compared with what she would be capable of arriving at, had she, as she ought to have, the legislative powers in her own hands. England is, at this time, proudly coveting what would do her no good, were she to accomplish it; and the Continent hesitating on a matter, which will be her final ruin if neglected. It is the commerce and not the conquest of America, by which England is to be benefited, and that would in a great measure continue, were the countries as independent of each other as France and Spain; because in many articles, neither can go to a better market. But it is the independence of this country on Britain or any other which is now the main and only object worthy of contention, and which, like all other truths discovered by necessity, will appear clearer and stronger every day. First. Because it will come to that one time or other. Secondly. Because the longer it is delayed the harder it will be to accomplish. I have frequently amused myself both in public and private companies, with silently remarking the spacious errors of those who speak without reflecting. And among the many which I have heard, the following seems the most general, viz., that had this rupture happened forty or fifty years hence, instead of now, the Continent would have been more able to have shaken off the dependance. To which I reply, that our military ability at this time, arises from the experience gained in the last war, and which in forty or fifty years time, would have been totally extinct. The Continent, would not, by that time, have had a General, or even a military officer left; and we, or those who may succeed us, would have been as ignorant of martial matters as the ancient Indians: And this single position, closely attended to, will unanswerably prove, that the present time is preferable to all others: The argument turns thus- at the conclusion of the last war, we had experience, but wanted numbers; and forty or fifty years hence, we should have numbers, without experience; wherefore, the proper point of time, must be some particular point between the two extremes, in which a sufficiency of the former remains, and a proper increase of the latter is obtained: And that point of time is the present time. The reader will pardon this digression, as it does not properly come under the head I first set out with, and to which I again return by the following position, viz.: Should affairs be patched up with Britain, and she to remain the governing and sovereign power of America, (which as matters are now circumstanced, is giving up the point entirely) we shall deprive ourselves of the very means of sinking the debt we have or may contract. The value of the back lands which some of the provinces are clandestinely deprived of, by the unjust extension of the limits of Canada, valued only at five pounds sterling per hundred acres, amount to upwards of twenty-five millions, Pennsylvania currency; and the quit-rents at one penny sterling per acre, to two millions yearly. It is by the sale of those lands that the debt may be sunk, without burden to any, and the quit-rent reserved thereon, will always lessen, and in time, will wholly support the yearly expense of government. It matters not how long the debt is in paying, so that the lands when sold be applied to the discharge of it, and for the execution of which, the Congress for the time being, will be the continental trustees. I proceed now to the second head, viz. Which is the earliest and most practicable plan, reconciliation or independence? with some occasional remarks. He who takes nature for his guide is not easily beaten out of his argument, and on that ground, I answer generally- That INDEPENDENCE being a SINGLE SIMPLE LINE, contained within ourselves; and reconciliation, a matter exceedingly perplexed and complicated, and in which, a treacherous capricious court is to interfere, gives the answer without a doubt. The present state of America is truly alarming to every man who is capable of reflection. Without law, without government, without any other mode of power than what is founded on, and granted by courtesy. Held together by an unexampled concurrence of sentiment, which is nevertheless subject to change, and which every secret enemy is endeavoring to dissolve. Our present condition, is, legislation without law; wisdom without a plan; a constitution without a name; and, what is strangely astonishing, perfect Independence contending for dependance. The instance is without a precedent; the case never existed before; and who can tell what may be the event? The property of no man is secure in the present unbraced system of things. The mind of the multitude is left at random, and feeling no fixed object before them, they pursue such as fancy or opinion starts. Nothing is criminal; there is no such thing as treason; wherefore, every one thinks himself at liberty to act as he pleases. The tories dared not to have assembled offensively, had they known that their lives, by that act were forfeited to the laws of the state. A line of distinction should be drawn, between English soldiers taken in battle, and inhabitants of America taken in arms. The first are prisoners, but the latter traitors. The one forfeits his liberty the other his head. Notwithstanding our wisdom, there is a visible feebleness in some of our proceedings which gives encouragement to dissensions. The Continental Belt is too loosely buckled. And if something is not done in time, it will be too late to do any thing, and we shall fall into a state, in which, neither reconciliation nor independence will be practicable. The king and his worthless adherents are got at their old game of dividing the continent, and there are not wanting among us printers, who will be busy spreading specious falsehoods. The artful and hypocritical letter which appeared a few months ago in two of the New York papers, and likewise in two others, is an evidence that there are men who want either judgment or honesty. It is easy getting into holes and corners and talking of reconciliation: But do such men seriously consider, how difficult the task is, and how dangerous it may prove, should the Continent divide thereon. Do they take within their view, all the various orders of men whose situation and circumstances, as well as their own, are to be considered therein. Do they put themselves in the place of the sufferer whose all is already gone, and of the soldier, who hath quitted all for the defence of his country. If their ill judged moderation be suited to their own private situations only, regardless of others, the event will convince them, that "they are reckoning without their Host." Put us, says some, on the footing we were in the year 1763: To which I answer, the request is not now in the power of Britain to comply with, neither will she propose it; but if it were, and even should be granted, I ask, as a reasonable question, By what means is such a corrupt and faithless court to be kept to its engagements? Another parliament, nay, even the present, may hereafter repeal the obligation, on the pretence of its being violently obtained, or unwisely granted; and in that case, Where is our redress? No going to law with nations; cannon are the barristers of crowns; and the sword, not of justice, but of war, decides the suit. To be on the footing of 1763, it is not sufficient, that the laws only be put on the same state, but, that our circumstances, likewise, be put on the same state; our burnt and destroyed towns repaired or built up, our private losses made good, our public debts (contracted for defence) discharged; otherwise, we shall be millions worse than we were at that enviable period. Such a request had it been complied with a year ago, would have won the heart and soul of the continent- but now it is too late, "the Rubicon is passed." Besides the taking up arms, merely to enforce the repeal of a pecuniary law, seems as unwarrantable by the divine law, and as repugnant to human feelings, as the taking up arms to enforce obedience thereto. The object, on either side, doth not justify the ways and means; for the lives of men are too valuable to be cast away on such trifles. It is the violence which is done and threatened to our persons; the destruction of our property by an armed force; the invasion of our country by fire and sword, which conscientiously qualifies the use of arms: And the instant, in which such a mode of defence became necessary, all subjection to Britain ought to have ceased; and the independency of America should have been considered, as dating its area from, and published by, the first musket that was fired against her. This line is a line of consistency; neither drawn by caprice, nor extended by ambition; but produced by a chain of events, of which the colonies were not the authors. I shall conclude these remarks, with the following timely and well intended hints, We ought to reflect, that there are three different ways by which an independency may hereafter be effected; and that one of those three, will one day or other, be the fate of America, viz. By the legal voice of the people in congress; by a military power; or by a mob: It may not always happen that our soldiers are citizens, and the multitude a body of reasonable men; virtue, as I have already remarked, is not hereditary, neither is it perpetual. Should an independency be brought about by the first of those means, we have every opportunity and every encouragement before us, to form the noblest, purest constitution on the face of the earth. We have it in our power to begin the world over again. A situation, similar to the present, hath not happened since the days of Noah until now. The birthday of a new world is at hand, and a race of men perhaps as numerous as all Europe contains, are to receive their portion of freedom from the event of a few months. The reflection is awful- and in this point of view, how trifling, how ridiculous, do the little, paltry cavillings, of a few weak or interested men appear, when weighed against the business of a world. Should we neglect the present favorable and inviting period, and an independence be hereafter effected by any other means, we must charge the consequence to ourselves, or to those rather, whose narrow and prejudiced souls, are habitually opposing the measure, without either inquiring or reflecting. There are reasons to be given in support of Independence, which men should rather privately think of, than be publicly told of. We ought not now to be debating whether we shall be independent or not, but, anxious to accomplish it on a firm, secure, and honorable basis, and uneasy rather that it is not yet began upon. Every day convinces us of its necessity. Even the tories (if such beings yet remain among us) should, of all men, be the most solicitous to promote it; for, as the appointment of committees at first, protected them from popular rage, so, a wise and well established form of government, will be the only certain means of continuing it securely to them. Wherefore, if they have not virtue enough to be Whigs, they ought to have prudence enough to wish for independence. In short, independence is the only bond that can tie and keep us together. We shall then see our object, and our ears will be legally shut against the schemes of an intriguing, as well as a cruel enemy. We shall then too, be on a proper footing, to treat with Britain; for there is reason to conclude, that the pride of that court, will be less hurt by treating with the American states for terms of peace, than with those, whom she denominates, "rebellious subjects," for terms of accommodation. It is our delaying it that encourages her to hope for conquest, and our backwardness tends only to prolong the war. As we have, without any good effect therefrom, withheld our trade to obtain a redress of our grievances, let us now try the alternative, by independently redressing them ourselves, and then offering to open the trade. The mercantile and reasonable part of England will be still with us; because, peace with trade, is preferable to war without it. And if this offer be not accepted, other courts may be applied to. On these grounds I rest the matter. And as no offer hath yet been made to refute the doctrine contained in the former editions of this pamphlet, it is a negative proof, that either the doctrine cannot be refuted, or, that the party in favor of it are too numerous to be opposed. Wherefore, instead of gazing at each other with suspicious or doubtful curiosity, let each of us, hold out to his neighbor the hearty hand of friendship, and unite in drawing a line, which, like an act of oblivion, shall bury in forgetfulness every former dissention. Let the names of Whig and Tory be extinct; and let none other be heard among us, than those of a good citizen, an open and resolute friend, and a virtuous supporter of the RIGHTS of MANKIND and of the FREE AND INDEPENDENT STATES OF AMERICA.
- Epistle to Quakers in Common Sense
EPISTLE TO QUAKERS To the Representatives of the Religious Society of the People called Quakers, or to so many of them as were concerned in publishing a late piece, entitled THE ANCIENT TESTIMONY and PRINCIPLES of the people called QUAKERS renewed with respect to the KING and GOVERNMENT, and Touching the COMMOTIONS now prevailing in these and other parts of AMERICA, addressed to the PEOPLE IN GENERAL. THE writer of this is one of those few, who never dishonors religion either by ridiculing, or cavilling at any denomination whatsoever. To God, and not to man, are all men accountable on the score of religion. Wherefore, this epistle is not so properly addressed to you as a religious, but as a political body, dabbling in matters, which the professed quietude of your Principles instruct you not to meddle with. As you have, without a proper authority for so doing, put yourselves in the place of the whole body of the Quakers, so, the writer of this, in order to be on an equal rank with yourselves, is under the necessity, of putting himself in the place of all those who approve the very writings and principles, against which your testimony is directed: And he hath chosen their singular situation, in order that you might discover in him, that presumption of character which you cannot see in yourselves. For neither he nor you have any claim or title to Political Representation. When men have departed from the right way, it is no wonder that they stumble and fall. And it is evident from the manner in which ye have managed your testimony, that politics, (as a religious body of men) is not your proper walk; for however well adapted it might appear to you, it is, nevertheless, a jumble of good and bad put unwisely together, and the conclusion drawn therefrom, both unnatural and unjust. The two first pages, (and the whole doth not make four) we give you credit for, and expect the same civility from you, because the love and desire of peace is not confined to Quakerism, it is the natural, as well as the religious wish of all denominations of men. And on this ground, as men laboring to establish an Independent Constitution of our own, do we exceed all others in our hope, end, and aim. Our plan is peace for ever. We are tired of contention with Britain, and can see no real end to it but in a final separation. We act consistently, because for the sake of introducing an endless and uninterrupted peace, do we bear the evils and burdens of the present day. We are endeavoring, and will steadily continue to endeavor, to separate and dissolve a connection which hath already filled our land with blood; and which, while the name of it remains, will be the fatal cause of future mischiefs to both countries. We fight neither for revenge nor conquest; neither from pride nor passion; we are not insulting the world with our fleets and armies, nor ravaging the globe for plunder. Beneath the shade of our own vines are we attacked; in our own houses, and on our own lands, is the violence committed against us. We view our enemies in the characters of highwaymen and housebreakers, and having no defence for ourselves in the civil law; are obliged to punish them by the military one, and apply the sword, in the very case, where you have before now, applied the halter. Perhaps we feel for the ruined and insulted sufferers in all and every part of the continent, and with a degree of tenderness which hath not yet made its way into some of your bosoms. But be ye sure that ye mistake not the cause and ground of your Testimony. Call not coldness of soul, religion; nor put the bigot in the place of the Christian. O ye partial ministers of your own acknowledged principles! If the bearing arms be sinful, the first going to war must be more so, by all the difference between wilful attack and unavoidable defence. Wherefore, if ye really preach from conscience, and mean not to make a political hobby-horse of your religion, convince the world thereof, by proclaiming your doctrine to our enemies, for they likewise bear ARMS. Give us proof of your sincerity by publishing it at St. James's, to the commanders in chief at Boston, to the admirals and captains who are practically ravaging our coasts, and to all the murdering miscreants who are acting in authority under HIM whom ye profess to serve. Had ye the honest soul of Barclay* ye would preach repentance to your king; Ye would tell the royal tyrant of his sins, and warn him of eternal ruin. Ye would not spend your partial invectives against the injured and the insulted only, but like faithful ministers, would cry aloud and spare none. Say not that ye are persecuted, neither endeavor to make us the authors of that reproach, which, ye are bringing upon yourselves; for we testify unto all men, that we do not complain against you because ye are Quakers, but because ye pretend to be and are NOT Quakers. *Thou hast tasted of prosperity and adversity; thou knowest what it is to be banished thy native country, to be overruled as well as to rule, and set upon the throne; and being oppressed thou hast reason to know now hateful the oppressor is both to God and man. If after all these warnings and advertisements, thou dost not turn unto the Lord with all thy heart, but forget him who remembered thee in thy distress, and give up thyself to follow lust and vanity, surely great will be thy condemnation. Against which snare, as well as the temptation of those who may or do feed thee, and prompt thee to evil, the most excellent and prevalent remedy will be, to apply thyself to that light of Christ which shineth in thy conscience and which neither can, nor will flatter thee, nor suffer thee to be at ease in thy sins. - Barclay's Address to Charles II. Alas! it seems by the particular tendency of some part of your Testimony, and other parts of your conduct, as if all sin was reduced to, and comprehended in the act of bearing arms, and that by the people only. Ye appear to us, to have mistaken party for conscience, because the general tenor of your actions wants uniformity: And it is exceedingly difficult to us to give credit to many of your pretended scruples; because we see them made by the same men, who, in the very instant that they are exclaiming against the mammon of this world, are nevertheless, hunting after it with a step as steady as Time, and an appetite as keen as Death. The quotation which ye have made from Proverbs, in the third page of your testimony, that, when a man's ways please the Lord, he maketh even his enemies to be at peace with him; is very unwisely chosen on your part; because it amounts to a proof, that the king's ways (whom ye are so desirous of supporting) do not please the Lord, otherwise, his reign would be in peace. I now proceed to the latter part of your testimony, and that, for which all the foregoing seems only an introduction, viz: It hath ever been our judgment and principle, since we were called to profess the light of Christ Jesus, manifested in our consciences unto this day, that the setting up and putting down kings and governments, is God's peculiar prerogative; for causes best known to himself: And that it is not our business to have any hand or contrivance therein; nor to be busy-bodies above our station, much less to plot and contrive the ruin, or overturn any of them, but to pray for the king, and safety of our nation, and good of all men: that we may live a peaceable and quiet life, in all goodliness and honesty; under the government which God is pleased to set over us. If these are really your principles why do ye not abide by them? Why do ye not leave that, which ye call God's work, to be managed by himself? These very principles instruct you to wait with patience and humility, for the event of all public measures, and to receive that event as the divine will towards you. Wherefore, what occasion is there for your political Testimony if you fully believe what it contains? And the very publishing it proves, that either, ye do not believe what ye profess, or have not virtue enough to practice what ye believe. The principles of Quakerism have a direct tendency to make a man the quiet and inoffensive subject of any, and every government which is set over him. And if the setting up and putting down of kings and governments is God's peculiar prerogative, he most certainly will not be robbed thereof by us; wherefore, the principle itself leads you to approve of every thing, which ever happened, or may happen to kings as being his work. Oliver Cromwell thanks you. Charles, then, died not by the hands of man; and should the present proud imitator of him, come to the same untimely end, the writers and publishers of the Testimony, are bound by the doctrine it contains, to applaud the fact. Kings are not taken away by miracles, neither are changes in governments brought about by any other means than such as are common and human; and such as we are now using. Even the dispersing of the Jews, though foretold by our Savior, was effected by arms. Wherefore, as ye refuse to be the means on one side, ye ought not to be meddlers on the other; but to wait the issue in silence; and unless you can produce divine authority, to prove, that the Almighty who hath created and placed this new world, at the greatest distance it could possibly stand, east and west, from every part of the old, doth, nevertheless, disapprove of its being independent of the corrupt and abandoned court of Britain; unless I say, ye can show this, how can ye, on the ground of your principles, justify the exciting and stirring up of the people, firmly to unite in the abhorrence of all such writings, and measures, as evidence a desire and design to break off the happy connection we have hitherto enjoyed, with the kingdom of Great Britain, and our just and necessary subordination to the king, and those who are lawfully placed in authority under him. What a slap in the face is here! the men, who, in the very paragraph before, have quietly and passively resigned up the ordering, altering, and disposal of kings and governments, into the hands of God, are now recalling their principles, and putting in for a share of the business. Is it possible, that the conclusion, which is here justly quoted, can any ways follow from the doctrine laid down? The inconsistency is too glaring not to be seen; the absurdity too great not to be laughed at; and such as could only have been made by those, whose understandings were darkened by the narrow and crabby spirit of a despairing political party; for ye are not to be considered as the whole body of the Quakers but only as a factional and fractional part thereof. Here ends the examination of your testimony; (which I call upon no man to abhor, as ye have done, but only to read and judge of fairly;) to which I subjoin the following remark; "That the setting up and putting down of kings," most certainly mean, the making him a king, who is yet not so, and the making him no king who is already one. And pray what hath this to do in the present case? We neither mean to set up nor to put down, neither to make nor to unmake, but to have nothing to do with them. Wherefore your testimony in whatever light it is viewed serves only to dishonor your judgment, and for many other reasons had better have been let alone than published. First. Because it tends to the decrease and reproach of religion whatever, and is of the utmost danger to society, to make it a party in political disputes. Secondly. Because it exhibits a body of men, numbers of whom disavow the publishing political testimonies, as being concerned therein and approvers thereof. Thirdly. Because it hath a tendency to undo that continental harmony and friendship which yourselves by your late liberal and charitable donations hath lent a hand to establish; and the preservation of which, is of the utmost consequence to us all. And here, without anger or resentment I bid you farewell. Sincerely wishing, that as men and Christians, ye may always fully and uninterruptedly enjoy every civil and religious right; and be, in your turn, the means of securing it to others; but that the example which ye have unwisely set, of mingling religion with politics, may be disavowed and reprobated by every inhabitant of America.
- William Pitt's Speech Against the Stamp Act
William Pitt's Speech Against the Stamp Act Gentlemen—Sir (to the Speaker), I have been charged with giving birth to sedition in America. They have spoken their sentiments with freedom against this unhappy act, and that freedom has become their crime. Sorry I am to hear the liberty of speech in this house, imputed as a crime. No gentleman ought to be afraid to exercise it. It is a liberty by which the gentleman who calumniates it might have profited. He ought to have desisted from this project. The gentleman tells us, America is obstinate; America is almost in open rebellion. I rejoice that America has resisted. Three million of people so dead to all feelings of liberty, as voluntarily to submit to be slaves, would have been fit instruments to make slaves of the rest. I come not here armed at all points, with law cases and acts of parliament, with the statute book doubled down in dog’s-ears, to defend the cause of liberty: if I had, I myself would have cited the two cases of Chester and Durham. I would have cited them, to have shown that even under former arbitrary reigns, parliaments were ashamed of taxing a people without their consent, and allowed them representatives. Why did the gentleman confine himself to Chester and Durham? He might have taken a higher example in Wales; Wales, that never was taxed by parliament till it was incorporated. I would not debate a particular point of law with the gentleman. I know his abilities. I have been obliged to his diligent researches: but, for the defense of liberty, upon a general principle, upon a constitutional principle, it is a ground on which I stand firm; on which I dare meet any man. he gentleman tells us of many who are taxed, and are not represented. The India Company, merchants, stock-holders, manufacturers. Surely many of these are represented in other capacities, as owners of land, or as freemen of boroughs. It is a misfortune that more are not equally represented: but they are all inhabitants, and as such, are they not virtually represented? Many have it in their option to be actually represented: they have connections with those that elect, and they have influence over them. The gentleman mentioned the stockholders: I hope he does not reckon the debts of the nation as a part of the national estate. Since the accession of King William, many ministers, some of great, others of more moderate abilities, have taken the lead of government.” —He then went through the list of them, bringing it down till he came to himself, giving a short sketch of the characters of each of them. None of these thought, or even dreamed, of robbing the colonies of their constitutional rights. That was reserved to mark the era of the late administration: not that there were wanting some, when I had the honour to serve his majesty, to propose to me to burn my fingers with an American stamp-act. With the enemy at their back, with our bayonets at their breasts, in the day of their distress, perhaps the Americans would have submitted to the imposition: but it would have been taking an ungenerous and unjust advantage. The gentleman boasts of his bounties to America. Are not those bounties intended finally for the benefit of this kingdom? If they are not, he has misapplied the national treasures. I am no courtier of America; I stand up for this kingdom. I maintain, that the parliament has a right to bind, to restrain America. Our legislative power over the colonies is sovereign and supreme. When it ceases to be sovereign and supreme, I would advise every gentleman to sell his lands, if he can, and embark for that country. When two countries are connected together, like England and her colonies, without being incorporated, the one must necessarily govern; the greater must rule the less; but so rule it, as not to contradict the fundamental principles that are common to both. If the gentle- man does not understand the difference between external and internal taxes, I cannot help it; but there is a plain distinction between taxes levied for the purpose of raising a revenue, and duties imposed for the regulation of trade, for the accommodation of the subject; although, in the consequences, some revenue might incidentally arise from the latter. The gentleman asks, when were the colonies emancipated? But I desire to know, when were they made slaves. But I dwell not upon words. When I had the honour of serving his Majesty, I availed myself of the means of information which I derived from my office: I speak, therefore, from knowledge. My materials were good; I was at pains to collect, to digest, to consider them; and I will be bold to affirm, that the profits to Great Britain from the trade of the colonies, through all its branches, is two millions a year. This is the fund that carried you triumphantly through the last war. The estates that were rented at two thousand pounds a year, threescore years ago, are at three thousand pounds at present. Those estates sold then from fifteen to eighteen years’ purchase; the same may now be sold for thirty. You owe this to America: this is the price America pays you for her protection. And shall a miserable financier come with a boast, that he can bring a pepper-corn into the exchequer, to the loss of millions to the nation? I darenot say, how much higher these profits may be augmented. Omitting the immense increase of people by natural population, and the emigration from every part of Europe, I am convinced the whole commercial system of America may be altered to advantage. You have prohibited where you ought to have encouraged, encouraged where you ought to have prohibited. Improper restraints have been laid on the continent, in favour of the islands. You have but two nations to trade with in America. Would you had twenty! Let acts of parliament in consequence of treaties remain, but let not an English minister become a custom-house officer for Spain, or for any foreign power. Much is wrong; much may be amended for the general good of the whole. Does the gentleman complain he has been misrepresented in the public prints? It is a common misfortune. In the Spanish affair of the last war, I was abused in all the newspapers for having advised his Majesty to violate the laws of nations with regard to Spain. The abuse was industriously circulated even in hand-bills. If administration did not propagate the abuse, administration never contradicted it. I will not say what advice I did give the King. My advice is in writing, signed by myself, in the possession of the Crown. But I will say what advice I did not give to the King. I did not advise him to violate any of the laws of nations. As to the report of the gentleman’s preventing in some way the trade for bullion with the Spaniards, it was spoken of so confidently that I own I am one of those who did believe it to be true. The gentleman must not wonder he was not contradicted when, as minister, he asserted the right of Parliament to tax America. I know not how it is, but there is a modesty in this House which does not choose to contradict a minister. Even your chair, sir, looks too often toward St. James’s. I wish gentlemen would get the better of this modesty. If they do not, perhaps the collective body may begin to abate of its respect for the representative. Lord Bacon has told me, that a great question would not fail of being agitated at one time or another. I was willing to agitate such a question at the proper season; theGerman war, my German war, they called it. Every session I called out, has any body any objection to the German war? Nobody would object to it, one gentleman only excepted, since removed to the Upper House by succession to an ancient barony. He told me he did not like a German war. I honored the man for it, and was sorry when he was turned out of his post. A great deal has been said without doors of the power, of the strength of America. It is a topic that ought to be cautiously meddled with. In a good cause, on a sound bottom, the force of this country can crush America to atoms. I know the valor of your troops. I know the skill of your officers. There is not a company of foot that has served in America, out of which you may not pick a man of sufficient knowledge and experience to make a governor of a colony there. But on this ground, on the Stamp Act, which so many here will think a crying injustice, I am one who will lift up my hands against it. In such a cause, your success would be hazardous. America, if she fell, would fall like the strong man; she would embrace the pillars of the state, and pull down the Constitution along with her. Is this your boasted peace? Not to sheathe the sword in its scabbard, but to sheathe it in the bowels of your countrymen? Will you quarrel with yourselves, now the whole house of Bourbon is united against you? While France disturbs your fisheries in Newfoundland, embarrasses your slave-trade to Africa, and withholds from your subjects in Canada their property stipulated by treaty; while the ransom for the Manillas is denied by Spain, and its gallant conqueror basely traduced into a mean plunderer, a gentleman (Colonel Draper) whose noble and generous spirit would do honor to the proudest grandee of the country. The Americans have not acted in all things with prudence and temper. The Americans have been wronged. They have been driven to madness by injustice. Will you punish them for the madness you have occasioned? Rather let prudence and temper come first from this side. I will undertake for America that she will follow the example. There are two lines in a ballad of Prior’s, of a man’s behavior to his wife, so applicable to you and your colonies, that I can not help repeating them:— Be to her faults a little blind: Be to her virtues very kind. Upon the whole, I will beg leave to tell the House what is my opinion. It is, that the Stamp-act be repealed absolutely, totally, and immediately. That the reason for the repeal be assigned, because it was founded on an erroneous principle. At thesame time, let the sovereign authority of this country over the colonies be asserted in as strong terms as can be devised, and be made to extend to every point of legislation whatsoever: that we may bind their trade, confine their manufactures, and exercise every power whatsoever—except that of taking their money out of their pockets without their consent.” The address was agreed to without a division. Source: https://classroom.monticello.org/view/74192/
- Royal Proclamation of Colonial Boundaries
The Royal Proclamation - October 7, 1763 BY THE KlNG. A PROCLAMATION GEORGE R. Whereas We have taken into Our Royal Consideration the extensive and valuable Acquisitions in America, secured to our Crown by the late Definitive Treaty of Peace, concluded at Paris. the 10th Day of February last; and being desirous that all Our loving Subjects, as well of our Kingdom as of our Colonies in America, may avail themselves with all convenient Speed, of the great Benefits and Advantages which must accrue therefrom to their Commerce, Manufactures, and Navigation, We have thought fit, with the Advice of our Privy Council. to issue this our Royal Proclamation, hereby to publish and declare to all our loving Subjects, that we have, with the Advice of our Said Privy Council, granted our Letters Patent, under our Great Seal of Great Britain, to erect, within the Countries and Islands ceded and confirmed to Us by the said Treaty, Four distinct and separate Governments, styled and called by the names of Quebec, East Florida, West Florida and Grenada, and limited and bounded as follows, viz. First--The Government of Quebec bounded on the Labrador Coast by the River St. John, and from thence by a Line drawn from the Head of that River through the Lake St. John, to the South end of the Lake Nipissim; from whence the said Line, crossing the River St. Lawrence, and the Lake Champlain, in 45. Degrees of North Latitude, passes along the High Lands which divide the Rivers that empty themselves into the said River St. Lawrence from those which fall into the Sea; and also along the North Coast of the Baye des Chaleurs, and the Coast of the Gulph of St. Lawrence to Cape Rosieres, and from thence crossing the Mouth of the River St. Lawrence by the West End of the Island of Anticosti, terminates at the aforesaid River of St. John. Secondly--The Government of East Florida. bounded to the Westward by the Gulph of Mexico and the Apalachicola River; to the Northward by a Line drawn from that part of the said River where the Chatahouchee and Flint Rivers meet, to the source of St. Mary's River. and by the course of the said River to the Atlantic Ocean; and to the Eastward and Southward by the Atlantic Ocean and the Gulph of Florida, including all Islands within Six Leagues of the Sea Coast. Thirdly--The Government of West Florida. bounded to the Southward by the Gulph of Mexico. including all Islands within Six Leagues of the Coast. from the River Apalachicola to Lake Pontchartrain; to the Westward by the said Lake, the Lake Maurepas, and the River Mississippi; to the Northward by a Line drawn due East from that part of the River Mississippi which lies in 31 Degrees North Latitude. to the River Apalachicola or Chatahouchee; and to the Eastward by the said River. Fourthly--The Government of Grenada, comprehending the Island of that name, together with the Grenadines, and the Islands of Dominico, St. Vincent's and Tobago. And to the end that the open and free Fishery of our Subjects may be extended to and carried on upon the Coast of Labrador, and the adjacent Islands. We have thought fit. with the advice of our said Privy Council to put all that Coast, from the River St. John's to Hudson's Streights, together with the Islands of Anticosti and Madelaine, and all other smaller Islands Iying upon the said Coast, under the care and Inspection of our Governor of Newfoundland. We have also, with the advice of our Privy Council. thought fit to annex the Islands of St. John's and Cape Breton, or Isle Royale, with the lesser Islands adjacent thereto, to our Government of Nova Scotia. We have also, with the advice of our Privy Council aforesaid, annexed to our Province of Georgia all the Lands Iying between the Rivers Alatamaha and St. Mary's. And whereas it will greatly contribute to the speedy settling of our said new Governments, that our loving Subjects should be informed of our Paternal care, for the security of the Liberties and Properties of those who are and shall become Inhabitants thereof, We have thought fit to publish and declare, by this Our Proclamation, that We have, in the Letters Patent under our Great Seal of Great Britain, by which the said Governments are constituted. given express Power and Direction to our Governors of our Said Colonies respectively, that so soon as the state and circumstances of the said Colonies will admit thereof, they shall, with the Advice and Consent of the Members of our Council, summon and call General Assemblies within the said Governments respectively, in such Manner and Form as is used and directed in those Colonies and Provinces in America which are under our immediate Government: And We have also given Power to the said Governors, with the consent of our Said Councils, and the Representatives of We have also thought fit, with the advice of our Privy Council as aforesaid, to give unto the Governors and Councils of our said Three new Colonies, upon the Continent full Power and Authority to settle and agree with the Inhabitants of our said new Colonies or with any other Persons who shall resort thereto, for such Lands. Tenements and Hereditaments, as are now or hereafter shall be in our Power to dispose of; and them to grant to any such Person or Persons upon such Terms, and under such moderate Quit-Rents, Services and Acknowledgments, as have been appointed and settled in our other Colonies, and under such other Conditions as shall appear to us to be necessary and expedient for the Advantage of the Grantees, and the Improvement and settlement of our said Colonies. And Whereas, We are desirous, upon all occasions, to testify our Royal Sense and Approbation of the Conduct and bravery of the Officers and Soldiers of our Armies, and to reward the same, We do hereby command and impower our Governors of our said Three new Colonies, and all other our Governors of our several Provinces on the Continent of North America, to grant without Fee or Reward, to such reduced Officers as have served in North America during the late War, and to such Private Soldiers as have been or shall be disbanded in America, and are actually residing there, and shall personally apply for the same, the following Quantities of Lands, subject, at the Expiration of Ten Years, to the same Quit-Rents as other Lands are subject to in the Province within which they are granted, as also subject to the same Conditions of Cultivation and Improvement; viz. To every Person having the Rank of a Field Officer--5,000 Acres. To every Captain--3,000 Acres. To every Subaltern or Staff Officer,--2,000 Acres. To every Non-Commission Officer,--200 Acres . To every Private Man--50 Acres. We do likewise authorize and require the Governors and Commanders in Chief of all our said Colonies upon the Continent of North America to grant the like Quantities of Land, and upon the same conditions, to such reduced Officers of our Navy of like Rank as served on board our Ships of War in North America at the times of the Reduction of Louisbourg and Quebec in the late War, and who shall personally apply to our respective Governors for such Grants. And whereas it is just and reasonable, and essential to our Interest, and the Security of our Colonies, that the several Nations or Tribes of Indians with whom We are connected, and who live under our Protection, should not be molested or disturbed in the Possession of such Parts of Our Dominions and Territories as, not having been ceded to or purchased by Us, are reserved to them. or any of them, as their Hunting Grounds.--We do therefore, with the Advice of our Privy Council, declare it to be our Royal Will and Pleasure. that no Governor or Commander in Chief in any of our Colonies of Quebec, East Florida. or West Florida, do presume, upon any Pretence whatever, to grant Warrants of Survey, or pass any Patents for Lands beyond the Bounds of their respective Governments. as described in their Commissions: as also that no Governor or Commander in Chief in any of our other Colonies or Plantations in America do presume for the present, and until our further Pleasure be known, to grant Warrants of Survey, or pa And We do further declare it to be Our Royal Will and Pleasure, for the present as aforesaid, to reserve under our Sovereignty, Protection, and Dominion, for the use of the said Indians, all the Lands and Territories not included within the Limits of Our said Three new Governments, or within the Limits of the Territory granted to the Hudson's Bay Company, as also all the Lands and Territories lying to the Westward of the Sources of the Rivers which fall into the Sea from the West and North West as aforesaid. And We do hereby strictly forbid, on Pain of our Displeasure, all our loving Subjects from making any Purchases or Settlements whatever, or taking Possession of any of the Lands above reserved. without our especial leave and Licence for that Purpose first obtained. And. We do further strictly enjoin and require all Persons whatever who have either wilfully or inadvertently seated themselves upon any Lands within the Countries above described. or upon any other Lands which, not having been ceded to or purchased by Us, are still reserved to the said Indians as aforesaid, forthwith to remove themselves from such Settlements. And whereas great Frauds and Abuses have been committed in purchasing Lands of the Indians, to the great Prejudice of our Interests. and to the great Dissatisfaction of the said Indians: In order, therefore, to prevent such Irregularities for the future, and to the end that the Indians may be convinced of our Justice and determined Resolution to remove all reasonable Cause of Discontent, We do. with the Advice of our Privy Council strictly enjoin and require. that no private Person do presume to make any purchase from the said Indians of any Lands reserved to the said Indians, within those parts of our Colonies where, We have thought proper to allow Settlement: but that. if at any Time any of the Said Indians should be inclined to dispose of the said Lands, the same shall be Purchased only for Us, in our Name, at some public Meeting or Assembly of the said Indians, to be held for that Purpose by the Governor or Commander in Chief of our Colony respectively within which they shall lie: and in case they shall And we do hereby authorize, enjoin, and require the Governors and Commanders in Chief of all our Colonies respectively, as well those under Our immediate Government as those under the Government and Direction of Proprietaries, to grant such Licences without Fee or Reward, taking especial Care to insert therein a Condition, that such Licence shall be void, and the Security forfeited in case the Person to whom the same is granted shall refuse or neglect to observe such Regulations as We shall think proper to prescribc as aforesaid. And we do further expressly conjoin and require all Officers whatever, as well Military as those Employed in the Management and Direction of Indian Affairs, within the Territories reserved as aforesaid for the use of the said Indians, to seize and apprehend all Persons whatever. who standing charged with Treason. Misprisions of Treason. Murders, or other Felonies or Misdemeanors. shall fly from Justice and take Refuge in the said Territory. and to send them under a proper guard to the Colony where the Crime was committed of which they, stand accused. in order to take their Trial for the same. Given at our Court at St. James's the 7th Day of October 1763. in the Third Year of our Reign. GOD SAVE THE KING Source: https://avalon.law.yale.edu/18th_century/proc1763.asp Video Summary
- Resolutions of the Boston Town Meeting
Resolutions of the Boston Town Meeting; September 22, 1768 The committee appointed to take the state of our public affairs into consideration reported the following declaration and resolves: Whereas it is the first principle in civil society, founded in nature and reason, that no law of the society can be binding on any individual without his consent, given by himself in person, or by his representative of his own free election; and whereas in and by an Act of the British Parliament passed in the first year of the reign of King William and Queen Mary, of glorious and blessed memory, entitled an Act declaring the Rights and Liberties of the Subject, and Settling the Succession of the Crown; the Preamble of which Act is in these words, viz: " Where.as the late King James the Second, by the assistance of diverse evil councillors, judges, and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion, and the laws and liberties of this kingdom," it is expressly among other things declared, that the levying money for the use of the Crown, by pretence of prerogative, without grant of Parliament for a longer time or in other manner than the same is granted, is illegal. And whereas in the third year of the reign of the same King William and Queen Mary, their Majesties were graciously pleased by their royal charter to give and grant to the inhabitants of his Majesty's province all the territory therein described, to be held in free and common socage; and also to ordain and grant to the said inhabitants certain rights, liberties, and privileges therein expressly mentioned; among which it is granted, established, and ordained, that all and every the subjects of them, their heirs and successors, which shall go to inhabit within said province and 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 them, their heirs and successors, to all intents, purposes, and constructions whatever, as if they and every of them were born within the realm of England. And whereas by the aforesaid Act of Parliament made in the first year of the said King William and Queen Mary, all and singular the promises contained therein, are claimed demanded, and insisted on as the undoubted rights and liberties of the subjects born within the realm. And whereas the freeholders and other inhabitants of this town, the metropolis of the province in said charter mentioned, do hold all the rights and liberties therein contained to be sacred and inviolable - at the same time publicly and solemnly acknowledging their firm and unshaken allegiance to their alone and rightful sovereign King George the third, the lawful successor of the said King William and Queen Mary to the British throne. Resolved, that the said freeholders and other inhabitants of the Town of Boston will at the utmost peril of their lives and fortunes take all legal and constitutional measures to defend and maintain the person, family, crown, and dignity of our said sovereign Lord George the third; and all and singular the rights, liberties, privileges, and immunities granted in the said royal charter, as well as those which are declared to be belonging to us as British subjects by birthright, as all others therein specially mentioned. And whereas by the said royal charter it is specially granted to the Great and General Court or assembly therein constituted, to impose and levy proportionable and reasonable assessments, rates, and taxes upon the estates and persons of all and every the proprietors and inhabitants of said province or territory, for the service of the king in the necessary defence and support of his government of this province, and the protection and preservation of his subjects therein, therefore: Voted, as the opinion of this town, that the levying money within this province for the use and service of the Crown in other manner than the same is granted by the Great and General Court or assembly of this province is in violation of the said royal charter; and the same is also in violation of the undoubted natural rights of subjects, declared in the aforesaid Act of Parliament, freely to give and grant their own money for the service of the Crown, with their own consent, in person, or by representatives of their own free election. And whereas in the aforesaid Act of Parliament it is declared that the raising or keeping a standing army within the kingdom in time of peace, unless it be with the consent of Parliament, is against law; it is the opinion of this town that the said declaration is founded in the indefeasible right of the subjects to be consulted, and to give their free consent in person, or by representatives of their own free election, to the raising and keeping a standing army among them; and the inhabitants of this town being free subjects, have the same right derived from nature and confirmed by the British constitution, as well as the said royal charter; and therefore the raising or keeping a standing army, without their consent in person or by representatives of their own free election, would be an infringement of their natural, constitutional, and charter rights; and the employing such army for the enforcing of laws made without the consent of the people, in person, or by their representatives, would be a grievance. The aforegoing report being divers times distinctly read, and considered by the town, the question was put: whether the same shall be accepted and recorded, and passed unanimously in the affirmative. Upon a motion made and seconded, the following votes was unanimously passed, viz : Whereas by an Act of Parliament of the first of King William and Queen Mary, it is declared that for the redress of all grievances, and for amending, strengthening, and preserving the laws, parliaments ought to be held frequently, and inasmuch as it is the opinion of this town that the people labour under many intolerable grievances which unless speedily redressed threaten the total destruction of our invaluable natural, constitutional, and charter rights: And furthermore as his excellency the governor has declared himself unable, at the request of this town, to call a general court, which is the assembly of the states of this province for the redress of such grievances: Voted, that this town will now make choice of a suitable number of persons to act for them as a committee in convention, with such as may be sent to join them from the several towns in this province, in order that such measures may be consulted and advised as his Majesty's service, and the peace and safety of his subjects in this province may require; whereupon the Hon. James Otis, Esq., the Hon. Thomas Cushinq, Esq., Mr. Samuel Adams, and John Hancock, Esq., were appointed a committee for the said purpose, the town hereafter to take into consideration what recompense shall be made them for the service they may perform. Voted, that the selectmen be directed to write to the selectmen of the several towns within this province informing them of the aforegoing vote, and to propose that a convention be held, if they shall think proper, at Faneuil Hall, in this town, on Tuesday the 22d day of September, instant, at 10 o'clock before noon. Source: Boston (Mass.) Boston town records [1631]-1822. Boston, Municipal printing office, 1877-1906.
- Principles of Law and Polity
PRINCIPLES O F LAW and POLITY, Applied to the Government of the British Colonies in America. Written in the Year 1764. Published in the Year 1774. PREFACE In the Year 1764. A VIEW of the prefent wealth, power, and cx- tenfion of the BriliJJj Empire is alarming as well as pleafing : we cannot but be concerned for the {lability of a fabrick built on fo disjoined foundations, and raif- ed to fo great a heighth ; and muft be convinced that it will require much political ilciil to fccure its duration. The mofl obvious means to efFeft this, muft be an Union of the feveral parts of this vaft body, and efpecially a Connexion between the Scat of Empire and its Depen- dencies ; a Connexion not created by temporary expe- dients, or fupported by enforced fubje£lion ; but eftab- liftied upon fixed Principles of Lazv and Polity, and maintained by a regular, free, and equitable fubordina- tion. What are the principles which will befl: conneft the Head and the Members of this great Empire is the fubje£l of the prefent enquiry. They ought to be fim- ple, plahi, and certain, dr they will not be fuitable to their general purpofe ; they ought to be gencraHy ad- mitted, or they will not have their full effe(St ; they muft be fuch as will ftand the tell of rcafou, or they will not be generally admitted. In this difputative age, and in a fclcnceof all the mofl dif- putative, it may feem a difficult tait ro attcippc to fettle K 3 a gene-a general theory for a bufinefs in which fuch a variety of paflions, prejudices, and interefls, are like to inter- pofe. Scnfible of this, and ftudious only of Truth and Utility, the writer has avoided declamation, and kept clofe to argument. He has reduced his whole fubje£^ into a fet of propofitions ; beginning with firfl principles which are felf-evident, proceeding to propofitions ca- pable of pofitive proof, and defcending to hypothefes which are to be determined by degrees of probability only. This was intended to be a perfe^l chain ; the avoiding of prolixity is the caufe why it is not fo : where any links Ihali appear to be wanting, the judicious reader will eafily fupply them. The advantages of this kind of writing are obvious: by feeing the principles and the reasoning of the arguments laid before him ar- ticulately, the reader can more precisely determine what to affent to, and what to deny j and the writer, If he should appear to be mistaken, will have the merit of contributing to his own conviction. The present expecl:ation, that a new Regulation of the American Governments will soon take place, probably arifcs more from the opinion the public has of the abi- lities of the prefent Miniftry, than from any thing that has tranfpircd from the Cabinet : it cannot be fuppofed that their penetration can overlook the neceffuy of fuch a Pvegulation, nor their public I'pirit fail to carry it into execution. But it may be a queflion, whether the prefent is a proper time for this work : more urgent bufmefs may Hand before it j fome preparatory ftcps may be required to precede it ; caution and deliberation may retard it: but thefe will only ferve to poftpone. As we may expeft that this Reformation, like all others, will be oppofed by powerful prejudices, it may not be amifs to reafon with them at leifure, and endeavour to take off their force before they become oppofed to Go- vernment. Principles of Law and Polity 1. The Kingdom of Great Britain is imperial; that is, sovereign, and not subordinate to or dependent upon any earthly power. 2. In all imperial states there resides somewhere or other an absolute power, which we will call the Sovereignty. 3. The Sovereignty of Great Britain is in the King in Parliament; that is, in the King acting with the advice and consent of the Lords and the Commons (by their Representative), assembled in the Parliament of Great Britain. 4. The King in Parliament has the sole right of legislation, and the supreme superintendency of the government; and, in this plentitude of power, is absolute, uncontrollable, and accountable to none; and therefore, in a political sense, can do no wrong. 5. The Execution of the government is in the King alone, to be exercised according to the laws of the country, written and unwritten. 6. The exercise of this right is the King's Prerogative ; and, whilst it is regulated by the laws, the King can do no wrong in fuch exercise. 7- The Laws are either unwritten, that is, rules of government immemorially admitted and approved j or written, that is, ordinances of the Parliament, 8. The privileges of the people are the right of having conjunctively, by their representatives, one third part of the sovereign legislative power, and of enjoying separately the protection and benefit of the laws, 9. The Kingdom of Great Britain has, belonging to and depending upon it, divers external dominations and countries; all which together with Great Britain, form the British Empire. Let, therefore, the British Empire signify the aggregate body of the British dominions, and the Kingdom of Great Britain the island which is the seat of the government. 10. The King of the Parliament, is the sole and absolute Sovereign of the whole British Empire. 11. No members of the British Empire, other than the Parliament of Great Britain, can have a right to interfere in the exercise of this Sovereignty, but by being admitted into the Parliament, as Wales, Chester, and Durham have been, and Ireland may be. 12. Such a union is not necessary to the generality of the British external dominions; but it may be expedient with most of them. 13. The external British dominions, without such a union, are subordinate to and dependent upon the Kingdom of Great Britain, and must derive from thence all their powers of legislation and jurisdiction. 14. Legislation is not necessary to an external and dependant government; jurisdiction is necessary and essential to it. Therefore, 15. A separate Legislation is not an absolute right of British subjects residing out of the seat of Empire; it may or may not be allowed, and has or has not been granted, according to the circumstances of the community. 16. Where it is granted allowed, it must be exercised in subordination to the Sovereign power from whom it is derived. 17. No grant of the power of Legislation to a dependent government, whether it comes from the King alone, or from the Parliament, can preclude the Parliament of Great Britain from interfering in such dependent government, at such time and in such matter as they shall think fit. 18. Though the King can do a£ls to bind himfelf and his fuccelTors, he cannot bind the Parliament \ nor can the Varliament bind their fucceffors, nor even them- felves. 19. It is the Ki?ig's prerogative to provide for the ad* ininiftration of juftice in general, according to law. 20. In places to which the ordinary adminiftrationof jufl:ice does not extend, the King has a right to malcC: extraordinary j)rovilion for it, fo that fuch provifion be as conformable to the laws as the cafe will permit. Keverthelefs, 21. It is the right of the Parliament y by its fupreme power of legiflation and fuperintendency, to adjuft and fettle finally the powers and modes of jurifdiftion. Therefore, 22. The new jurifdiftions efiabliflied by \\\t King, until they are confirmed by Parliament, are only tem- porary provifions. 23. The King has a right to grant to private perfons goods or lands which have been acquired by, or have fal- len to the general eflate, fo that fuch grants be agreeable to law; in which cafe, they are prefumed to be bene- ficial to the community. 24. Such grants may be enquired into legally by th^ courts of law, and difcretionally by the Parliament; and if they (liail be found to be illegal, exorbitant, of ])rejudicial to the community, they may be avoided, up- on a prcfumption that the King was deceived. 25. A grant upon a condition performed or to be performed, is a grant upon a valuable consideration : if the condition is performed, the grantee becomes a pur- chafer for value ; if it is not performed, the grant is void. 26. Jurisdiction, being a matter of public trust, and not of private property, cannot be claime4 as granted for a valuable consideration. 27. If a grantee professes to hold a jurisdiction as a property yielding profit, he proves that he ought not to hold it; as the profit must arise from something or other prejudicial to the public; for whose sake only jurisdictions are or ought to be created or exercised. 28. Where the Ki^^S grants jurisdiction and lands in one grant, they are in law two separate grants, as they are to be judged by separate and diflinft principles ; and the grant of the one may be valid, and of the other void or voidable. 29. The rule that a British subject shall not be bound by laws, or liable to taxes, but what he has consented to by his representatives, must be confined to the inhabitants of Great Britain only; and is not strictly true even there. 30. The Parliament of Great Britain, as well from its rights of Sovereignty as from occasional exigencies, has a right to make laws for, and impose taxes upon, its subjects in its external dominations, although they are not represented in such Parliament. But, 31. Taxes imposed upon the external dominations ought to be applied to the use of the people, from whom they are raised. 32. The Parlia?nent o£ Great Britain has aright and a duty to take care to provide for the defence of the American colonies ; efpecially as fuch colonies arc un- able to defend themfelves. 33. The Parliament of Great Britain has a right and a duty to take care that provifion be made for a fufficient fupport of the American governments. Becaufe, 34. The fupport of the Government is one of the principal conditions upon which a colony is allowed the power of Legiflation. Alio, becaufe 35. Some of the Ammcan Colonies have fhewn them- filves deficient in the fupport of their feveral Govern- ments, both as to fufficiency and independency. 36. The colonies ought, so far as they are able, to pay the charge of the support of their own governments, and of their own defense. 37. The defense of the American colonies, being now almost wholly a sea service, is connected with the defense of trade. Therefore, 38. Duties upon imports and exports, make the most proper funds for the expenses of such defense. And, 39. It being the proper business of the Parliament of Great Britain, to establish and determine the necessary regulations and restrictions of the trade of their external dominions; and the duties upon the American imports and exports being interwove with the regulations and restrictions of trade; the imposition of such duties is the proper business of the Parliament. 40. The port duties being most properly applicable to the defense of the colonies, it remains that the support of the governments be provided for by internal duties. 41. The fund for the defence of the country* and ihofe for the fupport of the Governments, fliould be kept feparate ; becaufe the former relates to the general whole of the country, and the latter to the particu- lar divifions of it. ^^ i-*-- ' 42. The fund for the defence of the country ftiould be kept entire, becaufe itmuil be applied to the de- fence of fuch parts as ihall have mofl: need of it, with- out any regard to the particular divifions of the coun- try. 43. The feveral funds for the fupport of the Govern- ments ought to be kept feparate : otherwife money, raifed by internal taxes in one Province, may be applied to the fupport of the Government cf another ; which feems not to be equitable. 44. Although the right of the Parliament of Great Britain, to raise taxes in any parts of the British Empire, is not to be disputed; yet it would be most advisable to leave to the Provincial Legislatures the raising the internal taxes. 45. If the sums required were fixed, there would be no inconvenience in letting the Provincial Legislature determine the manner in which they shall be raised. 46. It will be more agreeable to the people, that the necessary internal taxes should be raised by the Provincial Legislatures; as they will be most able to consult the particular convenience of their respective provinces. Whereas, 47. It may be difficult to form a general Parliamentary tax, so as to make it equally suitable to all provinces. 48. It would make it more agreeable to the people, though the sum to be raised was prescribed, to leave the method of taxation to their own legislature. 49. If the Provincial Legislatures should refuse to raise the sums required for the support of government, or should insist upon doing it by improper means, the Parliament might then take the business into their own hands. 50. But it is most probable that the people would acquiesce in this measure, and would soon be reconciled to it, when they observed the good effects of a certain and adequate establishment for the support of government. For, 51. The want of such an establishment has had bad consequences in many of the governments of the American colonies, and has contributed more than all other things put together, to contention in the legislature, and defect of justice in the courts of law. Therefore, 52. The establishment of a certain, sufficient, and independent Civil List, is not only expedient, but necessary to the welfare of the American colonies. 53. Such an appointment will tend greatly to remove all the seeds of contention, and to promote a lasting harmony and good understanding between the government and the people. 54. The People of the colonies ought not to object to fuch an appointment, becaufe the fupport of Govern- ment is one of the terms upon which they have received the power of Leglflation -, and, if the Government is not fupported, the Legiflation mufl: ceafe : and becaufe 55. The Support of Government ought to be certain and fufficient ; otherwife the execution of it will be un- certain, and its powers infufficient for its purpofes. 56. The Government ought not to be dependent upon the people ; and the particular means ufcd in Ibme of the Colonies to keep their Governments dependent, and the ufe which has been made of fuch dependency, afford ample proofs that they ought not to be fo, 57. The right of a people in a Lcgiflative Colony, to judge of the expediency of extraordinary and contingent expences, does not conclude for the fame right as to the ordinary and neceflary expences ; becaufe 58. The former mud be ever uncertain, the latter may be reduced to a certainty ; the one concerns the welfare only of the colony, the other the very exigence as a separate state. 59. The subjects of the British Empire, residing in its external dominions, are entitled to all the rights and privileges of British subjects, which they are capable of enjoying. 60. There are some rights and privileges which the British subjects, the external dominions, are not equally capable of enjoying with those residing in Great Britain. 61. The right of having a share in the Imperial Legislature, is one of these incapacities in those external dominions, where a representation is impracticable. 62. A representation of the American colonies in the Imperial Legislature is not impracticable: and therefore, 63. The propriety of a Representation of the American colonies in the Imperial Legislature, must be determined by expediency only. 64. A representation of the American colonies, in the Imperial Legislature, is not necessary to establish the authority of the Parliament over the colonies. But, 65. It may be expedient for quieting disputes concerning such authority, and preventing a separation in the future times. 66. The expediency of American Legislatures, does not arise from the want of their having representatives in the Imperial Legislature. 67. If the American colonies had representatives in Parliament, still there would be an occasion for provincial Legislatures, for their domestic economy, and the support of their governments. But, 68. All external Legislatures must be subject to, and dependent on, the Imperial Legislature: otherwise there would be an Empire in and Empire. 69. Some external States are incapable of a Legifla* ture; which has often been the cafe of infant Colo- nies. Therefore, 70. The same form of Government is not equally proper to a colony in its infant and in its mature state. 71. There may be a middle flate between infancy and maturity, which may admit of a form of Govern- ment more proper for it than either of the extremes. 72. There is but one perfect form of government for Provinces arrived at maturity. 73. That is the most perfect form of Government for a dependent province which approaches the nearest to that of the sovereign state, and differs from it as little as possible. 74. There is no such form of government among the American colonies and therefore, 75. Every American Government is capable of having its constitution altered for the better. 76. The Grants of the powers of Governments to American colonies by charters, cannot be underftood to be intended for other than their infant or growing ftates. 77. They cannot be intended for their mature flate, that is, for perpetuity; becaufe they are in many things unconftitutional and contrary to the very nature df a Britijh Government. Therefore, 78. They mufl be confidered as defigned only as tem- porary means, for fettling and bringing forward the peopling^ the colonies; which being eliefled, the caufe of the peculiarity of their conflitution ceafes. 79. If the Charters can be pleaded againfl the autho- rity of Parliament, they amount to an alienation of the dominions of Great Britain, and are, Jn effe£l, a£ls of tlifmemberlng the Briti/h Empire, and Will operate as fuch, if care is not taken to prevent it. 80. To make the Government of a Province the moft perfed, it is neceflary to regard the Extenfion as well as the Conditution of it. 8 1 . A Province fhould be fo extended, that the ho- nourable fupport of the Government (hould not be bur- thenfome ; and fo confined, that the alTembling the Le- giflature may not be inconvenient. 82. Where the Legiflature can meet without inconve- nience, the larger a Province is, the more effeftual will be the powers of its Government. 83. The notion which has heretofore prevailed, that the dividing Jmerica into many governments, and different modes of government, will be the means to prevent their uniting to revolt, is ill-founded ; fince, if the Governments were ever fo much confo- lidated, it will be neceflary to have fo many diflinft States, as to make an union to revolt imprafticable. Whereas, 84. The fplitting America into many fmall govern- ments, weakens the governing power, and ftrengthens that of the people ; and thereby makes revolting more probable and more practicable. 85. To prevent revolts in future times (for there is no room to fear them in the present) the most effectual means would be, to make the governments large and respectable, and balance the powers of them. 86. There is no government in America at present, whose powers are properly balanced; there not being in any of them a real and distinct third legislative power mediating between the King and the people, which is the peculiar excellence of the British Constitution. 87. The want of such a third Legislative power, adds weight to the popular, and lightens the royal scale: so as to destroy the balance between the royal and popular powers. 88. Although America is not now (and probably will not be for many years to come) ripe enough for a hereditary Nobility; yet it is now capable of a Nobility for life. 89. A Nobility appointed by the King for life, and made independent, would probably give strength and stability to the American governments, as effectually as an hereditary Nobility does to that of Great Britain. 90. The reformation of the American governments should not be controlled by the present boundaries of the colonies; as they were mostly settled upon partial, occasional, and accidental considerations, without any regard to a whole. 91. To settle the American governments to the greatest possible advantage, it will be necessary to reduce the number of them; in some places to unite and consolidate; in others to separate and transfer; and in general to divide by natural boundaries instead of imaginary lines. 92. If there (hould be but one form of Government eftabiifhed for all the North American Provinces, it would greatly facilitate the reformation of them : fince, if the mode of Government was every where the fame, people would be more indifferent under what divifion they were ranged. 93. No objections ought to arise to the alteration of the boundaries of provinces from Proprietors, on ac- count of their property only ; fince there is no occafion that it fliould in the lead affect the boundaries of pro- perties. 94. The present diflinftlons of one government being more free or more popular than another, rend to embarrass and to weaken the whole; and Ihould not be al- lowed to fubfifl: among people, fubjecl to one King and one Law, and all equally fit for one form of Govern- ment. 95. The American colonies, in general, are at this time arrived at that state, which qualifies them to receive the most perfect form of government, which their situation and relation to Great Britain make them capable of. 96. The people of North America, at this time, expect a revisal and reformation of the American governments, and are better disposed to submit to it than ever they were, or perhaps ever will be again. 97. This is therefore the proper and critical time to reform the American governments upon a general, constitutional, firm, and durable plan; and if it is not done now, it will probably every day grow more difficult, till at last it becomes impracticable. Source: https://archive.org/details/selectlettersont00bern/page/65/mode/1up
- Answer of the Massachusetts Assembly to Governor Bernard
Answer of the Massachusetts Assembly to Governor Bernard October 25, 1765 May it please your Excellency, The house of representatives have entered into a due consideration of your speech to both houses at the opening of the session; and should have earlier communicated to your excellency our sentiments thereupon, had not the late sudden and unexpected adjournment prevented it. We must confess, that after your excellency had called us together, in pursuance of the unanimous advice of a very full council, we were in hopes you would have given the assembly time then to have considered the critical state of the province, and determined what was proper to be done at so difficult and dangerous a conjuncture. Your excellency tells us, that the province seems to be upon the brink of a precipice! A sight of its danger is then necessary for its preservation. To despair of the commonwealth, is a certain presage of its fall: your excellency may be assured, that the representatives of the people are awake to a sense of its danger, and their utmost prudence will not be wanting to prevent its ruin. We indeed could not have thought that a weakness in the executive power of the province had been any part of our danger, had not your excellency made such a declaration in your speech: certainly the general assembly have done every thing incumbent on them; and laws are already in being for the support of his majesty’s authority in the province. Your excellency doth not point out to us any defect in those laws; and yet you are pleased to say, that the executive authority is much too weak. Surely you cannot mean, by calling the whole legislative in aid of the executive authority, that any new and extraordinary kind of power should by law be constituted, to oppose such acts of violence as your excellency may apprehend from a people ever remarkable for their loyalty and good order, though at present uneasy and discontented. If then the laws of the province for the preservation of his majesty’s peace are already sufficient, your excellency we are very sure need not to be told, to whose department it solely belongs to appoint a suitable number of magistrates to put those laws in execution, or remove them in case of failure of their duty therein. And we hope this important trust will remain with safety to the province, where the constitution has lodged it. Your excellency is pleased to tell us, that declarations have been made and still subsist, that the act of parliament for granting the stamp-duties in the colonies, shall not be executed within the province. We know of no such declarations. If any individuals of the people have declared an unwillingness to subject themselves to the payment of the stamp-duties, and choose rather to lay aside all business, than to make use of the stamped papers, as we are not accountable for such declarations, so neither can we see any thing criminal in them: this house has no authority to control their choice in this matter: the act does not oblige them to make use of the papers; it only exacts the payment of certain duties for such papers as they may incline to use: such declarations may possibly have been made and may still subsist, very consistently with the utmost respect to the king and parliament. Your excellency has thought proper to enumerate very minutely the inconveniences that may arise from the stamped papers not being distributed among the people; with respect to some of which your love and concern for the province leads you to fear more for us than we do for ourselves. We cannot think you excellency would willingly aggravate our dangers; we are not in particular so alarmed, as your excellency seems to be, with the apprehension of the hand of violence being let loose. Your excellency, upon recollection, will find that all papers relative to crown matters are exempt from stamps. The person of his majesty’s good subjects will still remain secure from injury: that spirit which your excellency tells us attacks reputations, and pulls down houses, will yet be curbed by the law. The estates of the people will remain guarded from theft or open violence. There will be no danger of force of arms becoming the only governing power. Nor shall we realize what your excellency is pleased to call a state of general outlawry. This we think necessary to be observed without a particular consideration of all the consequences, which your excellency fears, to prevent, if possible, any wrong impressions from fixing in the minds of ill-disposed persons, or remove them if already fixed. You are pleased to say, that the stamp act is an act of parliament, and as such ought to be observed. This house, sir, has too great a reverence for the supreme legislature of the nation, to question its just authority: it by no means appertains to us to presume to adjust the boundaries of the power of parliament; but boundaries there undoubtedly are. We hope we may, without offence, put your excellency in mind of that most grievous sentence of excommunication solemnly denounced by the church in the name of the sacred Trinity, in the presence of king Henry the third, and the estates of the realm, against all those who should make statutes, or observe them, being made contrary to the liberties of Magna Charta.—We are ready to think those zealous advocates for the constitution usually compared their acts of parliament with Magna Charta; and if it ever happened that such acts were made as infringed upon the rights of that charter, they were always repealed. We have the same confidence in the rectitude of the present parliament; and therefore cannot but be surprised at an intimation in your speech, that they will require a submission to an act, as a preliminary to their granting relief from the unconstitutional burdens of it; which we apprehend includes a suggestion in it far from your excellency’s design, and supposes such a wanton exercise of mere arbitrary power, as ought never to be surmised of the patrons of liberty and justice. Furthermore, your excellency tells us that the right of the parliament to make laws for the American colonies remains indisputable in Westminster: without contending this point, we beg leave just to observe that the charter of this province invests the general assembly with the power of making laws for its internal government and taxation; and that this charter has never yet been forfeited. The parliament has a right to make all laws within the limits of their own constitution; they claim no more. Your excellency will acknowledge that there are certain original inherent rights belonging to the people, which the parliament itself cannot divest them of, consistent with their own constitution: among these is the right of representation in the same body which exercises the power of taxation. There is a necessity that the subjects of America should exercise this power within themselves, otherwise they can have no share in that most essential right, for they are not represented in parliament, and indeed we think it impracticable. Your excellency’s assertion leads us to think that you are of a different mind with regard to this very material point, and that you suppose we are represented: but the sense of the nation itself seems always to have been otherwise. The right of the colonies to make their own laws and tax themselves, has been never, that we know of, questioned; but has been constantly recognised by the king and parliament. The very supposition that the parliament, though the supreme power over the subjects of Britain universally, should yet conceive of a despotick power within themselves, would be most disrespectful: and we leave it to your excellency’s consideration, whether to suppose an indisputable right in any government, to tax the subject without their consent, does not include the idea of such a power. Our duty to the king, who holds the rights of all his subjects sacred as his own prerogative, and our love to our constituents, and concern for their dearest interests, constrain us to be explicit upon this very important occasion. We beg that your excellency would consider the people of this province as having the strongest affection for his majesty, under whose happy government they have felt all the blessings of liberty: they have a warm sense of the honour, freedom, and independence, of the subjects of a patriot king: they have a just value for those inestimable rights, which are derived to all men from nature, and are happily interwoven in the British constitution: they esteem it sacrilege for them ever to give them up; and rather than lose them, they would willingly part with every thing else. We deeply regret it, that the parliament has seen fit to pass such an act as the stamp act: we flatter ourselves that the hardships of it will shortly appear to them in such a light, as shall induce them in their wisdom to repeal it: in the mean time we must beg your excellency to excuse us from doing any thing to assist in the execution of it. Were we, in order to avoid assertions, to resolve what we have to say on this head into mere questions, we should with all humility ask, whether it would be possible for us to add any weight to an act of that most august body, the parliament? Whether it would not be construed as arrogance and presumption in us to attempt it? Whether your excellency can reasonably expect that the house of representatives should be active in bringing a grievous burthen upon their constituents? Such a conduct in us would be to oppose the sentiments of the people whom we represent, and the declared instruction of most of them.—They complain that some of the most essential rights of Magna Charta, to which, as British subjects, they have an undoubted claim, are injured by it; that it wholly cancels the very conditions upon which our ancestors settled this country, and enlarged his majesty’s dominion, with much toil and blood, and at their sole expense; that it is totally subversive of the happiest frame of subordinate civil government expressed in our charter, which amply secures to the government our allegiance, to the nation our connection, and to ourselves the indefeasible rights of Britons; that it tends to destroy that mutual confidence and affection, as well as that equality, which ought ever to subsist among all his majesty’s subjects in his wide and extended empire; that it may be made use of as a precedent for their fellow-subjects in Britain for the future to demand of them what part of their estates they shall think proper, and the whole if they please; that it vests a single judge of the admiralty with a power to try and determine their property in controversies arising from internal concerns, without a jury, contrary to the very expression of Magna Charta, that no freeman shall be amerced, but by the oath of good and lawful men of the vicinage; that it puts it in the power of an informer to carry a supposed offender more than a thousand miles for trial: and what is the worst of all evils, if his majesty’s American subjects are not to be governed, according to the known stated rules of the constitution, as those in Britain are, it is greatly to be feared that their minds may in time become disaffected; which we cannot even entertain the most distant thought of without the greatest abhorrence.—We are truly sorry that your excellency has never made it a part of your business to form any judgment of this act; especially as you have long known what uneasiness the most distant prospect of it gave to his majesty’s good subjects in America, and of this province of which you are substituted head and father. Had your excellency thought proper to have seasonably entered into a disquisition of the policy of it, you would, we doubt not, have seen that the people’s fears were not without good foundation; and the love and concern which you profess to have for them, as well as your duty to his majesty, whose faithful subjects they are, might have been the most powerful motive to your excellency to have expressed your sentiments of it early enough to those whose influence brought it into being. We cannot help expressing our great uneasiness, that after mentioning some violences committed in the town of Boston, your excellency should ask this house, whether such proceedings are consistent with the dutiful, humble, and loyal representations which we propose should be made: we are sure your excellency will not expressly charge us with encouraging the late disturbances; and yet, to our unspeakable surprise and astonishment, we cannot but see, that by fair implication it may be argued from the manner of expression, that an odium was intended to be thrown on the province. We inherit from our ancestors the highest relish for civil liberty, but we hope never to see the time when it shall be expedient to countenance any methods for its preservation, but such as are legal and regular. When our sacred rights are infringed, we feel the grievance; but we understand the nature of our happy constitution too well, and entertain too high an opinion of the virtue and justice of the supreme legislature, to encourage any means of redressing it, but what are justifiable by the constitution. We must therefore consider it as unkind for your excellency to cast such a reflection on a province whose unshaken loyalty and indissoluble attachment to his majesty’s most sacred person was never before called in question, and, we hope in God, never will again. We should rather have thought your excellency would have expressed your satisfaction in presiding over so loyal a people, who in that part of the government where the violences were committed, before there was time for them to be supported by the arm of civil power, and even while the supreme magistrate was absent, by their own motion raised a spirit and diffused it through all ranks, successfully to interpose and put a stop to such dangerous proceedings. Your excellency is pleased to recommend a compensation to be made to the sufferers by the late disturbances.—We highly disapprove of the late acts of violence which have been committed; yet, till we are convinced that to comply with what your excellency recommends, will not tend to encourage such outrages in time to come, and till some good reason can be assigned why the losses those gentlemen have sustained should be made good, rather than any damage which other persons on any different occasions might happen to suffer, we are persuaded we shall not see out way clear to order such a compensation to be made. We are greatly at a loss to know who has any right to require this of us, if we should differ from your excellency in point of its being an act of justice which concerns the credit of the government. We cannot conceive why it should be called an act of justice, rather than generosity, unless your excellency supposes a crime committed by individuals, chargeable upon a whole community. We are very sorry that your excellency should think it needful to intimate, that any endeavours have been, and may be used, to lessen your credit with the house. Your excellency cannot but be sensible, that when the popular pulse beats high for privileges, it is no unusual thing for a clamour to be raised against gentlemen of character and eminence. We can assure you that our judgment of men, especially those in high stations, is always found upon our experience and observation. While your excellency is pleased to make your duty to our most gracious sovereign, and a tender regard to the interest of his subjects of this province, the rule of your administration, you may rely upon the readiest assistance that this house shall be able to afford you. And you will have our best wishes that you may have wisdom to strike out such a path of conduct, as, while it secures to you the smiles of your royal master, will as the same time conciliate the love of a free and loyal people. Source: https://ahp.gatech.edu/mass_bernard_1765.html
- A Memorial & Remonstrance by James Madison
To the Honorable the General Assembly of the Commonwealth of Virginia A Memorial and Remonstrance We the subscribers, citizens of the said Commonwealth, having taken into serious consideration, a Bill printed by order of the last Session of General Assembly, entitled “A Bill establishing a provision for Teachers of the Christian Religion,” and conceiving that the same if finally armed with the sanctions of a law, will be a dangerous abuse of power, are bound as faithful members of a free State to remonstrate against it, and to declare the reasons by which we are determined. We remonstrate against the said Bill, 1. Because we hold it for a fundamental and undeniable truth, “that Religion or the duty which we owe to our Creator and the manner of discharging it, can be directed only by reason and conviction, not by force or violence.”2 The Religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right. It is unalienable, because the opinions of men, depending only on the evidence contemplated by their own minds cannot follow the dictates of other men: It is unalienable also, because what is here a right towards men, is a duty towards the Creator. It is the duty of every man to render to the Creator such homage and such only as he believes to be acceptable to him. This duty is precedent, both in order of time and in degree of obligation, to the claims of Civil Society. Before any man can be considered as a member of Civil Society, he must be considered as a subject of the Governour of the Universe: And if a member of Civil Society, who enters into any subordinate Association, must always do it with a reservation of his duty to the General Authority; much more must every man who becomes a member of any particular Civil Society, do it with a saving of his allegiance to the Universal Sovereign. We maintain therefore that in matters of Religion, no mans right is abridged by the institution of Civil Society and that Religion is wholly exempt from its cognizance. True it is, that no other rule exists, by which any question which may divide a Society, can be ultimately determined, but the will of the majority; but it is also true that the majority may trespass on the rights of the minority. 2. Because if Religion be exempt from the authority of the Society at large, still less can it be subject to that of the Legislative Body. The latter are but the creatures and vicegerents of the former. Their jurisdiction is both derivative and limited: it is limited with regard to the co-ordinate departments, more necessarily is it limited with regard to the constituents. The preservation of a free Government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority, and are Tyrants. The People who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are slaves. 3. Because it is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of Citizens, and one of the noblest characteristics of the late Revolution. The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it. Who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects? that the same authority which can force a citizen to contribute three pence only of his property for the support of any one establishment, may force him to conform to any other establishment in all cases whatsoever? 4. Because the Bill violates that equality which ought to be the basis of every law, and which is more indispensible, in proportion as the validity or expediency of any law is more liable to be impeached. If “all men are by nature equally free and independent,” all men are to be considered as entering into Society on equal conditions; as relinquishing no more, and therefore retaining no less, one than another, of their natural rights. Above all are they to be considered as retaining an “equal title to the free exercise of Religion according to the dictates of Conscience.” Whilst we assert for ourselves a freedom to embrace, to profess and to observe the Religion which we believe to be of divine origin, we cannot deny an equal freedom to those whose minds have not yet yielded to the evidence which has convinced us. If this freedom be abused, it is an offence against God, not against man: To God, therefore, not to man, must an account of it be rendered. As the Bill violates equality by subjecting some to peculiar burdens, so it violates the same principle, by granting to others peculiar exemptions. Are the Quakers and Menonists the only sects who think a compulsive support of their Religions unnecessary and unwarrantable? Can their piety alone be entrusted with the care of public worship? Ought their Religions to be endowed above all others with extraordinary privileges by which proselytes may be enticed from all others? We think too favorably of the justice and good sense of these denominations to believe that they either covet pre-eminences over their fellow citizens or that they will be seduced by them from the common opposition to the measure. 5. Because the Bill implies either that the Civil Magistrate is a competent Judge of Religious Truth; or that he may employ Religion as an engine of Civil policy. The first is an arrogant pretension falsified by the contradictory opinions of Rulers in all ages, and throughout the world: the second an unhallowed perversion of the means of salvation. 6. Because the establishment proposed by the Bill is not requisite for the support of the Christian Religion. To say that it is, is a contradiction to the Christian Religion itself, for every page of it disavows a dependence on the powers of this world: it is a contradiction to fact; for it is known that this Religion both existed and flourished, not only without the support of human laws, but in spite of every opposition from them, and not only during the period of miraculous aid, but long after it had been left to its own evidence and the ordinary care of Providence. Nay, it is a contradiction in terms; for a Religion not invented by human policy, must have pre-existed and been supported, before it was established by human policy. It is moreover to weaken in those who profess this Religion a pious confidence in its innate excellence and the patronage of its Author; and to foster in those who still reject it, a suspicion that its friends are too conscious of its fallacies to trust it to its own merits. 7. Because experience witnesseth that ecclesiastical establishments, instead of maintaining the purity and efficacy of Religion, have had a contrary operation. During almost fifteen centuries has the legal establishment of Christianity been on trial. What have been its fruits? More or less in all places, pride and indolence in the Clergy, ignorance and servility in the laity, in both, superstition, bigotry and persecution. Enquire of the Teachers of Christianity for the ages in which it appeared in its greatest lustre; those of every sect, point to the ages prior to its incorporation with Civil policy. Propose a restoration of this primitive State in which its Teachers depended on the voluntary rewards of their flocks, many of them predict its downfall. On which Side ought their testimony to have greatest weight, when for or when against their interest? 8. Because the establishment in question is not necessary for the support of Civil Government. If it be urged as necessary for the support of Civil Government only as it is a means of supporting Religion, and it be not necessary for the latter purpose, it cannot be necessary for the former. If Religion be not within the cognizance of Civil Government how can its legal establishment be necessary to Civil Government? What influence in fact have ecclesiastical establishments had on Civil Society? In some instances they have been seen to erect a spiritual tyranny on the ruins of the Civil authority; in many instances they have been seen upholding the thrones of political tyranny: in no instance have they been seen the guardians of the liberties of the people. Rulers who wished to subvert the public liberty, may have found an established Clergy convenient auxiliaries. A just Government instituted to secure & perpetuate it needs them not. Such a Government will be best supported by protecting every Citizen in the enjoyment of his Religion with the same equal hand which protects his person and his property; by neither invading the equal rights of any Sect, nor suffering any Sect to invade those of another. 9. Because the proposed establishment is a departure from that generous policy, which, offering an Asylum to the persecuted and oppressed of every Nation and Religion, promised a lustre to our country, and an accession to the number of its citizens. What a melancholy mark is the Bill of sudden degeneracy? Instead of holding forth an Asylum to the persecuted, it is itself a signal of persecution. It degrades from the equal rank of Citizens all those whose opinions in Religion do not bend to those of the Legislative authority. Distant as it may be in its present form from the Inquisition, it differs from it only in degree. The one is the first step, the other the last in the career of intolerance. The magnanimous sufferer under this cruel scourge in foreign Regions, must view the Bill as a Beacon on our Coast, warning him to seek some other haven, where liberty and philanthrophy in their due extent, may offer a more certain repose from his Troubles. 10. Because it will have a like tendency to banish our Citizens. The allurements presented by other situations are every day thinning their number. To superadd a fresh motive to emigration by revoking the liberty which they now enjoy, would be the same species of folly which has dishonoured and depopulated flourishing kingdoms. 11. Because it will destroy that moderation and harmony which the forbearance of our laws to intermeddle with Religion has produced among its several sects. Torrents of blood have been spilt in the old world, by vain attempts of the secular arm, to extinguish Religious discord, by proscribing all difference in Religious opinion. Time has at length revealed the true remedy. Every relaxation of narrow and rigorous policy, wherever it has been tried, has been found to assuage the disease. The American Theatre has exhibited proofs that equal and compleat liberty, if it does not wholly eradicate it, sufficiently destroys its malignant influence on the health and prosperity of the State. If with the salutary effects of this system under our own eyes, we begin to contract the bounds of Religious freedom, we know no name that will too severely reproach our folly. At least let warning be taken at the first fruits of the threatened innovation. The very appearance of the Bill has transformed “that Christian forbearance, love and charity,” which of late mutually prevailed, into animosities and jealousies, which may not soon be appeased. What mischiefs may not be dreaded, should this enemy to the public quiet be armed with the force of a law? 12. Because the policy of the Bill is adverse to the diffusion of the light of Christianity. The first wish of those who enjoy this precious gift ought to be that it may be imparted to the whole race of mankind. Compare the number of those who have as yet received it with the number still remaining under the dominion of false Religions; and how small is the former! Does the policy of the Bill tend to lessen the disproportion? No; it at once discourages those who are strangers to the light of revelation from coming into the Region of it; and countenances by example the nations who continue in darkness, in shutting out those who might convey it to them. Instead of Levelling as far as possible, every obstacle to the victorious progress of Truth, the Bill with an ignoble and unchristian timidity would circumscribe it with a wall of defence against the encroachments of error. 13. Because attempts to enforce by legal sanctions, acts obnoxious to so great a proportion of Citizens, tend to enervate the laws in general, and to slacken the bands of Society. If it be difficult to execute any law which is not generally deemed necessary or salutary, what must be the case, where it is deemed invalid and dangerous? And what may be the effect of so striking an example of impotency in the Government, on its general authority? 14. Because a measure of such singular magnitude and delicacy ought not to be imposed, without the clearest evidence that it is called for by a majority of citizens, and no satisfactory method is yet proposed by which the voice of the majority in this case may be determined, or its influence secured. “The people of the respective counties are indeed requested to signify their opinion respecting the adoption of the Bill to the next Session of Assembly.” But the representation must be made equal, before the voice either of the Representatives or of the Counties will be that of the people. Our hope is that neither of the former will, after due consideration, espouse the dangerous principle of the Bill. Should the event disappoint us, it will still leave us in full confidence, that a fair appeal to the latter will reverse the sentence against our liberties. 15. Because finally, “the equal right of every citizen to the free exercise of his Religion according to the dictates of conscience” is held by the same tenure with all our other rights. If we recur to its origin, it is equally the gift of nature; if we weigh its importance, it cannot be less dear to us; if we consult the “Declaration of those rights which pertain to the good people of Virginia, as the basis and foundation of Government,” it is enumerated with equal solemnity, or rather studied emphasis. Either then, we must say, that the Will of the Legislature is the only measure of their authority; and that in the plenitude of this authority, they may sweep away all our fundamental rights; or, that they are bound to leave this particular right untouched and sacred: Either we must say, that they may controul the freedom of the press, may abolish the Trial by Jury, may swallow up the Executive and Judiciary Powers of the State; nay that they may despoil us of our very right of suffrage, and erect themselves into an independent and hereditary Assembly or, we must say, that they have no authority to enact into law the Bill under consideration. We the Subscribers say, that the General Assembly of this Commonwealth have no such authority: And that no effort may be omitted on our part against so dangerous an usurpation, we oppose to it, this remonstrance; earnestly praying, as we are in duty bound, that the Supreme Lawgiver of the Universe, by illuminating those to whom it is addressed, may on the one hand, turn their Councils from every act which would affront his holy prerogative, or violate the trust committed to them: and on the other, guide them into every measure which may be worthy of his [blessing, may re]dound to their own praise, and may establish more firmly the liberties, the prosperity and the happiness of the Commonwealth. Source: https://founders.archives.gov/documents/Madison/01-08-02-0163





