USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 10
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* T. Cushing the Speaker, Col. Otis, S. Adams, J. Otis, J. Hawley, S. Dexter, and several others.
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- its power from the constitution, by the fundamental rules of which it is bounded and circumscribed. As a legislative power is essentially requisite, where any powers of government are exercised, it is conceived, the several legislative bodies in America were erect- ed; because their existence and the free exercise of their power, within their several limits, are essen- tially important and necessary to preserve to his Majesty's subjects in America the advantages of the fundamental laws of the constitution.
" When we mention the rights of the subjects in America, and the interest we have in the British constitution, in common with all other British sub- jects, we cannot justly be suspected of the most dis- tant thought of an independency on Great Britain. Some, we know, have imagined this of the colonists ; and others may have propagated it, to raise ground- less jealousies of them. But it is so far from the truth, that we apprehend the colonies would refuse it, if offered to them ; and would even deem it the greatest misfortune to be obliged to accept it. They are far from being insensible of their happiness, in being connected with the mother country, and of the mutual benefits derived from it to both. It is there- fore, the indispensable duty of all to cultivate and es- tablish a mutual harmony, and to promote the inter- course of good offices between them. And while both have the free enjoyment of the rights of our happy constitution, there will be no grounds of envy and discontent in the one, nor of jealousy and mis- trust in the other.
"It is the glory of the British constitution, that it hath its foundation in the law of God and nature. It is an essential, natural right, that a man shall quietly enjoy, and have the sole disposal of his own property. This right is adopted into the constitution : and this natural and constitutional right is so familiar to the American subjects, that it would be difficult, if possi- ble, to convince them, that any necessity can render
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it just and equitable, that Parliament should impose duties, subsidies, talliages and taxes upon them, in- ternal or external, for the sole purpose of raising a revenue. The reason is obvious ; because they can- not be represented, and therefore their consent can- not be constitutionally had in Parliament.
"When the Parliament, soon after the repeal of the stamp act, thought proper to pass another act, declaring its authority and right to make laws, which should be, in all cases, binding on the colonies, it is probable acts for levying taxes, external and internal, were included : for the act, passed the last year, imposing duties on paper, glass, tea, &c. as well as the sugar acts and stamp act, are in form and sub- stance as much revenue acts, as those for the land- tax, customs and excise, in England. We humbly conceive, that objections to these acts may be safely, if decently made : and we think it can be shewn, that they are grievous to the subjects, burdensome to trade, and tending to injure the revenue of the crown.
" The security of right and property is the great end of government : and such measures as tend to render right and property precarious, tend to destroy both property and government ; for these must stand and fall together. But what property can the colo- nists be conceived to have, if their money be granted away by others, and without their consent. Yet this is most certainly the case at present : for they were, in no sense, represented in Parliament, when this act for raising a revenue in America was made. The stamp act was justly complained of by the colo- nies, as a great grievance : and is there any real difference between this act and the stamp act ? They were both designed to raise a revenue in America ; and in the same manner, viz. by duties on certain commodities. The payment of the duties imposed by the stamp act might have been eluded by a disuse of the stamped paper ; and so may the
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payment of the present duties, by the disuse of the articles on which they are laid : but in neither case, without much difficulty and distress.
"The original contract between the King and the first planters here, was a royal promise in behalf of the nation, that if the adventurers would, at their own cost and charge, and at the hazard of life and every thing dear to them, purchase a new world, subdue a wilderness, and thereby enlarge the King's dominions, they and their posterity should enjoy such rights and privileges as in their respective charters are expressed ; which are, in general, all the rights, liberties and privileges of his Majesty's natural born subjects within the realm. The princi- pal privilege implied, and in some charters fully expressed, is a freedom from all taxes, but such as they shall consent to in person or by representatives of their own free election. King James broke the original contract : but it was happy for us, that his arbitrary conduct was also disapproved and con- demned in England. The charter of this province was restored, with nearly equal privileges and rights ; and especially with that of a Representative Assem- bly, with the power of laying taxes and regulating the internal concerns of the colony. The nation and her colonies have now long been happy ; and our Princes, patriot Kings. The law and reason teach, that the King can do no wrong; and that neither King nor Parliament are otherwise inclined than to justice, equity and truth. But the King may be deceived, and the Parliament may be misinformed. And if any thing is wrong, it should be imputed to such causes. How far such causes have operated, is humbly submitted to the consideration of all.
"By the common law, the colonists are adjudged to be natural born subjects. So they are declared by royal charter: they are so by the spirit of the law of nature and nations. And no jurist, we think, will deny, that they are entitled to all the essential
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rights, liberties and privileges of his Majesty's na- tural subjects, born within the realm." They re- ferred also to an act of 13 George II. the preamble to which pre-supposed and recognized the citizens in the colonies, as natural-born subjects. They pro- ceeded to shew how the restrictions on trade and the high impost duties would eventually injure the man- ufactures of Great Britain, as well as check the pros- perity and prevent the growth of the colonies. They pointed out the difficulties and burdens attend- ing all commercial adventures, by the laws of Parlia- ment, confining them to such channels, as were favor- able to England and unprofitable to America ; and requiring heavy duties, which it was not only op- pressive, but impossible to pay ; and which would produce the effect, sooner or later, of discontinuing importations from the parent state.
They also stated their objections to the purposes to which the revenue was to be appropriated ; which was the support of so many Collectors of the Customs, with numerous deputies, more than double the num- ber which was necessary, and which would create a great expense ; and the maintenance of civil govern- ment in any of the other colonies, with such military forces, as might be ordered by the British adminis- tration : thus subjecting this province, besides the expense of supporting its own government, to the charge of maintaining those in Canada or Nova Sco- tia, where the people where unable to do it, and where it was thought proper to place several compa- nies of the military. They were ready, they said, to support their own civil government; and had also largely contributed, both by men and money, towards the defence of the British territories, in time of war, for the welfare of the whole kingdom : but they justly complained of the requisition to contribute to the support of any other separate colony; or of a military force, supposed necessary by ministers for the protection of the frontiers of the whole English
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settlements on this continent. And, if it was intend- ed to have troops permanently stationed in Massa- chusetts, they would have their agent assure admin- istration, that it was wholly unnecessary ; as they cherished the most sincere and ardent loyalty to- wards the King, and a high respect and reverence for the supreme Legislature of the nation : and, if it had been represented to administration, that the military was requisite to support the due exercise of the civil authority, is was a wicked misrepresenta- tion .*
Their humble petition to the King, contained strong expressions of loyalty, and declarations of their readiness to support the honor of his crown, and the authority and dignity of his government. They referred to the rights and privileges guaran- teed them by their charter-" one of which was, (that which all his subjects ever held sacred) the right of being taxed only by representatives of their own free election." And they observed, "that it was with the deepest concern your humble suppliants would represent to your Majesty, that your Parlia- ment, the rectitude of whose intentions is never to be questioned, has thought proper to pass divers acts imposing taxes on your Majesty's subjects in America, with the sole and express purpose of rais- ing a revenue. If your Majesty's subjects here shall be deprived of the honor and privilege of vol- untarily contributing their aid to your Majesty, in
* In this letter to their agent they said: "It is reported, that the establishment of Episcopacy in America is proposed-and it is very alarming to a people whose fathers, from the hardships they suffered under such an establishment, were obliged to fly their native country into a wilderness, in order peaceably to enjoy their privileges, civil and religious. Their being threatened with the loss of both at once, must place them in a most deplorable situation. We hope in God, such an establishment will never take place in America ; and we desire you would strenuously oppose it. The revenue raised in America, for aught we can tell, may be as constitutionally applied towards the sup- port of prelacy, as of soldiers and pensioners. If the property of the subject be taken from him without his consent, it is immaterial whether if be applied to the support of ecclesiastic or military power."
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supporting your government and authority in the province, and defending and securing your rights and territories in America, which they have always hitherto done with the utmost cheerfulness : If these acts of Parliament shall remain in force, and your Majesty's Commons in Great Britain shall continue to exercise the power of granting the property of their fellow subjects in this province, your people must then regret their unhappy fate, in having only the name left of free subjects. With all humility, we conceive, that a representation of your Majesty's subjects of this province, in Parliament, considering their local situation, is utterly impracticable. Your Majesty has heretofore been graciously pleased to order your requisitions to be laid before the repre- sentatives of your people in the General Assembly, who have never failed to afford the necessary aid, to the extent of their ability : and it would be ever grievous to your Majesty's faithful subjects to be called upon in a way, that should appear to them to imply a distrust of their most ready and willing com- pliance."
To lord SHELBURNE, the British minister for American affairs, they stated the sufferings of their ancestors, the first settlers of New England, in re- moving to this continent, in defending themselves against the savages, with the expectation they had, founded in the provisions of their charter, of enjoy- ing not only religious freedom, but all the political rights and privileges of British subjects within the realm-the arbitrary vacating of their first charter, in the reign of Charles II. and the grant of another by William and Mary, in 1690; by which the most important privileges contained in the former were guaranteed to them-and their prosperity and in- crease for a long course of years, in connexion with Great Britain, sharing in her protection, and aiding, to the extent of their ability, in her defence and greatness. They claimed to be, and to have always
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been considered in England, natural born subjects of the British empire ; and to be entitled, therefore, to all the rights and privileges of Britons. These privileges, they particularly set forth, as in their letter to the agent; claimed the right of self-govern- ment, and remonstrated against the laws for raising a revenue in America, as the subjects here were not represented in Parliament, and had not consented, by their representatives, to such a system of taxation. Their letters to several other noblemen, members of administration, contained very much the same senti- ments ; declaring that they desired not indepen- dence, but acknowledged their allegiance to the King, and subordination to Parliament, according to the provisions of their charter, and the principles of the British constitution ; by which even Parliament was restricted in legislating for the subjects : one of which, and that a most essential one, was, that no subjects could be deprived of liberty or property, any further than they consented thereto by their representatives. In their memorial to the Lords Commissioners of the Treasury, they represented the inequality and injustice of raising a revenue from the colonies for other purposes than the support of their own governments, the payment of their debts, then very great, and the maintenance of the forts on the frontiers of each, which were a necessary pro- tection from the savages. They admitted a right in the parent state to regulate commerce, and to lay a reasonable duty on trade, such had been before re- quired. But they stated, that, owing to the various commercial restrictions and high duties, there was no encouragement for maritime adventures, and that they had ceased to be profitable. That they were, therefore, unable to take British goods, as formerly ; which must operate greatly to check the manufactures in England, the maintenance and growth of which was an object of concern with the politicians in that country.
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In these various petitions and memorials, the same objections were made, fortified by similar arguments, as were advanced on former occasions, when the Assembly of Massachusetts complained of the oppres- sive acts and arbitrary measures of the British gov- ernment. As in 1765 and 1766, though in a more elaborate manner, and with more force of language, they insisted, that the Parliament, though the highest legislative authority in the kingdom, was bound by the constitution, and certain great political principles often acknowledged to be fundamental in the British government, and particularly recognized at the rev- olution of 1688 : that the people in the colonies were British subjects and entitled to all the rights and privileges of those in England : that their char- ters expressly guaranteed the right of self-govern- ment, subject only to the supervising control of Par- liament in certain cases : that they, therefore, had the sole right to levy and raise taxes upon the sub- jects here, who had thus a voice in assessing them by their representatives ; whereas they were not and could not be truly represented in the Parliament in England : that this province, particularly, had re- ceived no aid from the parent state, in its first settle- ment, or afterwards ; but had protected itself and supported its own government; and had, on this account, incurred a heavy debt, which it would be very difficult for them to discharge. And, that they had always been ready, according to their ability, to comply with the requisitions of the crown, in raising troops, to unite with those of Great Britain, to de- fend the territories of the king, in various parts of North America. They also urged the importance of the privilege, as a free people, of voluntarily granting the support, needed and required by the crown, in their legislative capacity : and suggested, that, if this privilege were denied them, and their property taken, without their consent and approba- tion, it would be most humiliating to their loyal feel-
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ings ; and would, in effect, be treating them as no longer deserving the name and power of free sub- jects.
At the time a law of Parliament was passed for laying a tax on stamps, in the colonies, the patriots of Massachusetts, in their objections and complaints, made a distinction, as to the right of the British government, between internal and external taxation, While they strenuously resisted the claim of Great Britain to lay internal taxes, they generally acknow- ledged her right to regulate trade and navigation, although these regulations went to limit and restrict their commerce in various ways, and to raise a reve- nue for the crown, by imposing duties on most arti- cles imported into the province. They then, even, complained that the imposts were unreasonably high, so as almost to prevent all profit in commercial ad- ventures. But the complaint was founded, rather in the unreasonable amount of duties required, than in the assertion that the principle itself was unjust. Whether it was with a design to take advantage of this distinction, first made by the colonists, or from a belief, that the raising of a revenue, in this mode, was practicable and would be least unpopular, minis- ters seem to have abandoned the plan of internal tax- ation, and had adopted that of laying duties on most articles of importation from foreign countries. But these imposts were so grievous, being extended to various commodities considered in some degree ne- cessary ; and numerous revenue officers, clothed with great authority, which would occasion unusual expense to government and the exercise of arbitrary power in the province ; the revenue to be collected, being also to be appropriated for the benefit of other colonies, in supporting their civil government or a military force : In such a state of difficulty and op- pression, the patriots of Massachusetts, ever watch- ful of the rights and welfare of the province, felt it their duty promptly to oppose this arbitrary system,
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hostile alike to the prosperity and freedom of the people. At the session of the General Court in January, 1768, the next after the acts of Parliament for laying new duties and appointing a host of reve- nue officers, they, therefore, devoted their chief at- tention to change, if possible, this severe and alarm- ing policy of Great Britain. And in their ad- dresses to the King, their agent in England, and to several members of administration, they remonstrated against this plan of draining the people of their money and of their property, without their consent, to be applied to purposes, of which they disapprov- ed; and which, in fact, they had too much reason to apprehend, were calculated to oppress and enslave them. "It was a poor consolation to them, that direct internal taxation was abandoned, while the chief source of their wealth, and the only one of their cir- culating medium, was choked up, or diverted to channels, through which it would flow to a distant country, without contributing to fertilize and enrich their own. They believed they saw the severe poli- cy of 1765 revived, with all its odious features : and the rapacious hand of administration was again stretched out over the colonies, to grasp the fruits of all their labor and toil.
With these apprehensions and with such a pros- pect before them, they were determined to neglect no means which would give promise of relief. In addition, therefore, to the application to the King and his ministers, and the able instructions to their agent in England, to use his utmost endeavors for redress ; they prepared an address, to be sent to the Assemblies of all the other colonies, whose charters gave the like privileges and liberties with their own, informing them of their proceedings, so that they might unite in memorials to the British government for a repeal of these oppressive laws. That they did not propose a Congress, as was done in 1765, was owing to a wish not to give offence to the British
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government, by whom that Convention was consider- ed as highly improper. They were now, also, desirous of acting in concert in some measure, that their statements and remonstrances might have the greater effect. And they, therefore, adopted this course ; not thinking it would be denounced by administration as a treasonable combination. The objections and complaints of Massachusetts alone had been repeatedly made; but without much regard. And, in England, this province was pretended to be more opposed to the measures of the parent govern- ment than any other. It became important, then, to give notice to the other colonies what they had done, that they might unite in petitioning for the repeal of the late oppressive laws of Parliament for raising a revenue, and for the adoption of a more just and liberal policy in regulating the colonies. In their opinion, the occasion required general and united efforts ; and no other mode could be devised, so effectual and so little liable to objection.
In this address, they say, "that they had taken into serious consideration the great difficulties which would accrue to themselves and their constituents by the operation of several acts of Parliament, imposing duties and taxes on the American colonies. As it is a subject, in which every colony is deeply interested, we have no reason to doubt but your House is duly impressed with its importance, and that such consti- tutional measures will be taken as are proper. It seems important, that all possible care be taken that the representations of the several Assemblies should harmonize with each other.
"This House have humbly represented to the ministry their own sentiments ; that his Majesty's high court of Parliament is the supreme legislative power over the whole empire : That in all free states, the constitution is fixed; and as the supreme Legislature derives its power and authority from the constitution, it cannot overleap the bounds of it,
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without destroying its own foundation : That the constitution ascertains and limits both sovereignty and allegiance ; and therefore his Majesty's Ameri- can subjects, who acknowledge themselves bound by the ties of allegiance, have an equitable claim to the full enjoyment of the fundamental rules of the British constitution : That it is an essential, unalienable right in nature, ingrafted into the British constitution, as a fundamental law, and ever held sacred and irrevo- cable by the subjects within the realm, that what a man hath honestly acquired is absolutely his own; which he may freely give, but cannot be taken from him without his consent : That the American sub- jects may, therefore, exclusive of any consideration of charter rights, with a decent firmness, adapted to the character of free men and subjects, assert their natural and constitutional right.
" It is, moreover, their humble opinion, which they express with great deference to the wisdom of Parliament, that the acts made in England, imposing duties on the people of this province, with the sole and express purpose of raising a revenue, are in- fringements of their natural constitutional rights ; because, as they are not represented in the British Parliament, his Majesty's Commons in Britain, by these acts, grant their property without their con- sent.
"This House are further of opinion, that their constituents cannot possibly be equally and fairly represented in the British Parliament : and that, on this account, his Majesty's royal predecessors were pleased to form a subordinate Legislature here, that the subjects might enjoy the unalienable right of a representation.
" Upon these principles, and also considering, that were the right of Parliament ever so clear, yet, for obvious reasons, it would be beyond the rules of equity that their constituents should be taxed for the manufactures of Great Britain here, in addition to
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the duties they pay for them in England, this House have preferred a humble, dutiful and loyal petition to our most gracious Sovereign, and made such re- presentations to his Majesty's ministers, as they apprehended would tend to obtain redress.
"They have also submitted to consideration, whether any people can be said to enjoy any degree of freedom, if the crown, in addition to its undoubted authority of appointing a Governor, should grant him such a stipend as it shall judge proper, without the consent of the people, and at their expense : And whether, while the judges of the land and other civil officers hold not their commissions during good be- havior, their having salaries appointed by the crown, independent of the people, hath not a tendency to subvert the principles of equity, and to endanger the happiness and security of the subject.
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