and company, their heirs and successors. It is upon us, in all cases whatever, in that parliament, easy, upon this principle, to account for the ac- where we cannot debate and deliberate upon the knowledgment of, and submission to, king William necessity or expediency of any law, and, conseand queen Mary, as successors of Charles the I. in quently, without our consent; and, as it may proba. the room of king James; besides, it is to be con- bly happen, destructive of the first law of society, sidered, that the people in the colony, as well as the good of the whole. You tell us that, "after in England, had suffered under the tyrant James, the assumption of all the powers of government, by by which he had alike forfeited his right to reign virtue of the new charter, an act passed for the over both. There had been a revolution here, as reviving, for a limited time, all the local laws of well as in England. The eyes of the people here the Massachusetts Bay and New Plymouth, rewere upon William and Mary; and the news of spectively, not repugnant to the laws of England. their being proclaimed in England was, as your And, at the same session, an act passed establishexcellency's history tells us, "the most joyful news ever received in New England." And, if they were not proclaimed here, "by virtue of an act of the colony," it was, as we think may be concluded from the tenor of your history, with the general or universal consent of the people, as apparently as if "such act had passed." It is consent alone that makes any human laws binding; and, as a learned author observes, a purely voluntary submission to an act, because it is highly in our favor and for our benefit, is in all equity and justice, to be deemed as not at all proceeding from the right we include in the legislators, that they thereby obtain an authority over us, and that ever hereafter, we must obey them of duty. We would observe, that one of the first acts of the general assembly of this province, since the present charter, was an act requiring the taking the oaths mentioned in an act of parliament, to which you refer us. For what purpose was this act of the assembly passed, if it was the sense of the legislators that the act of parliament was in force in the province? And, at the ing naval officers, that all undue trading, contrary to an act of parliament, may be prevented." Among the acts that were then revived, we may reasonably suppose was that, whereby provision was made to give force to this act of parliament in the province. The establishment, therefore, of the naval officers, was to aid the execution of an act of parliament, for the observance of which, within the colony, the assembly had before made provision, after free debates, with their own consent, and by their own act. The act of parliament, passed in 1741, for putting an end to several unwarrantable schemes, mentioned by your excellency, was designed for the general good; and, if the validity of it was not disputed, it cannot be urged as a concession of the supreme authority, to make laws binding on us in all cases whatever. But, if the design of it was for the ge neral benefit of the province, it was, in one respect, at least greatly complained of by the persons more immediately affected by it; and to remedy the inconvenience, the legislature of this province passed an act, directly militating with it; which is the strongest evidence that, although they may have submitted, sub silentio, to some acts of parliament, that they conceived might operate for their bene. fit, they did not conceive themselves bound by any of its acts which, they judged, would operate to the injury even of individuals. same time, another act was made for the establishment of other oaths necessary to be taken, both which acts have the royal sanction, and are now in force. Your excellency says, that when the colony applied to king William for a second charter, they knew the oath the king had taken, which was to govern them according to the statutes in par. liament, and (which your excellency here omits,) the laws and customs of the same. By the laws Your excellency has not thought proper to at. and customs of parliament, the people of England tempt to confute the reasoning of a learned writer freely debate and consent to such statutes as are on the laws of nature and nations, quoted by us, made by themselves, or their chosen representa- on this occason, to shew that the authority of the tives. This is a law, or custom, which all man- legislature does not extend so far as the fundakind may justly challenge as their inherent right. mentals of the constitution. We are unhappy in According to this law, the king has an undoubted not having your remarks upon the reasoning of right to govern us. Your excellency, upon recol. that great man; and, until it is confuted, we shall lection, surely will not infer from hence, that it remain of the opinion, that the fundamentals of the was the sense of our predecessors that there was constitution being excepted from the commission to remain a supremacy in the English parliament, of the legislators, none of the acts or doings of the or a full power and authority to make laws binding general assembly, however deliberate and solemn, could avail to change them, if the people have not,cellency has informed us, they kept a day of solema in very express terms, given them the power to do thanksgiving to Almighty God when they received it; and that, much less ought their acts and doings,it? And were they men of so little discernment, however numerous, which barely refer to acts of such children in understanding, as to please themparliament made expressly to relate to us, to be selves with the imagination, that they were blessed taken as an acknowledgment that we are subject with the same rights and liberties which natural to the supreme authority of parliament. born subjects in England enjoyed, when, at the same time, they had fully consented to be ruled and ordered by a legislature, a thousand leagues distant from them, which cannot be supposed to be sufficiently acquainted with their circumstances, if concerned for their interest, and in which they cannot be in any sense represented? [The committee who reported the above, were Mr. Cushing, (the speaker,) Mr. S. Adams, Mr. Hancock, Mr. Phillips, major Foster, col. Bowers, We shall sum up our own sentiments in the words of that learned writer, Mr. Hooker, in his ecclesiastical policy, as quoted by Mr. Locke."The lawful power of making laws to command whole political societies of men, belonging so pro. perly to the same entire societies, that for any prince or potentate of what kind soever, to exer. cise the same of himself, and not from express commission, immediately and personally received from God, is no better than mere tyranny. Laws, Mr. Hobson, col. Thayer, and Mr. Denny.] therefore, they are not, which public approbation hath not made so; for laws human, of what kind soever, are available by consent." "Since men, naturally, have no full and perfect power to command whole politic multitudes of men, therefore, utterly without our consent, we could in such sort, be at no man's commandment living. And to be commanded, we do not consent, when that society, whereof we be a party, hath at any time before consented." We think your excellency has not proved, either that the colony is a part of the politic society of England, or that it has ever consented that the parliament of England or Great Britain, should make laws binding upon us, in all cases, whether made expressly to refer to us or not. MASSACHUSETTS RESOLUTIONS.-On motion of Mr. S. Adams, the following resolutions were adopted, 110 to 4, May 28, 1773. Whereas, the speaker hath communicated to this house, a letter from the truly respectable house of Burgesses, in his majesty's ancient colony of Vir. ginia, enclosing a copy of the resolves entered into by them, on the 12th of March last, and requesting that a committee of this house may be appoint. ed to communicate, from time to time, with a corresponding committee, then appointed by the said house of Burgesses in Virginia: Resolved, That this house have a very grateful sense of the obligations they are under to the house of Burgesses, in Virginia, for the vigilance, firm. ness and wisdom, which they have discovered, at all times, in support of the rights and liberties of the American colonies; and do heartily concur with them in their said judicious and spirited resolves. And, whereas this house is fully sensible of the necessity and importance of a union of the several We cannat help, before we conclude, expressing colonies in America, at a time when it clearly ap our great concern, that your excellency has thus pears, that the rights and liberties of all are sysrepeatedly, in a manner, insisted upon our free tematically invaded; in order that the joint wisdom sentiments on matters of so delicate a nature and of the whole may be employed in consulting their weighty importance. The question appears to us common safety: to be no other, than whether we are the subjects of absolute unlimited power, or of a free government, formed on the principles of the English con stitution. If your excellency's doctrine be true, the people of this province hold their lands of the crown and people of England; and their lives, liberties, and properties, are at their disposal; and that, even by compact and their own consent, they were subject to the king, as the head alterius populi Resolved, That a standing committee of corres of another people, in whose legislature they have pondence and enquiry be appointed, to consist of no voice or interest. They are, indeed, said to have fifteen members, any eight of whom to be a quorum; a constitution and a legislature of their own; but whose business it shall be, to obtain the most early your excellency has explained it into a mere phan- and authentic intelligence of all such acts and tom; limited, controled, superseded, and nullified resolutions of the British parliament, or proceedat the will of another. Is this the constitution ings of administrations as may relate to, or affect which so charmed our ancestors, that, as your ex- the British colonies in America, and to keep up and maintain, a correspondence and communica-¡by parliament, on the one side, and by the general tion with our sister colonies, respecting these im-assemblies of this continent, on the other, greatly portant considerations; and the result of such their militates, and is productive of this unhappy contenproceedings, from time to time, to lay before the house. tion, think it of the utmost importance to the welfare of both, and particularly of the colonies, that the constitutional powers and rights of each, be enquired into, delineated and fully ascertained. Resolved, That it be an instruction to the said committee, that they do, without delay, inform themselves particularly of the principles and au- That his majesty's subjects of America, are thority, on which was constituted a court of en-entitled to the same rights and liberties as those quiry, held in Rhode Island, said to be vested with of Great Britain, and that these ought, in justice, powers to transport persons, accused of offences by the constitution, to be as well guaranteed and committed in America, to places beyond the seas secured, to the one, as to the other, are too apto be tried.* parent to be denied. It is, by this house, humbly conceived, to be Resolved, That the said committee be further instructed to prepare and report to this house, a likewise undeniable, that the authority assumed, draft of a very respectful answer to the letter, and now forcibly exercised by parliament, over received from the speaker of the honorable house the colonies, is utterly subversive of freedom in of Burgesses of Virginia, and another, to a letter the latter; and that, while his majesty's loyal subreceived from the speaker of the honorable housejects in America have the mortification, datly, to of representatives, of the colony of Rhode Island; see new abridgements of their rights and liberties, also, a circular letter to the speakers of the several they have not the least security for those which Were the colonists only afother houses of assembly, on this continent, enclos. at present remain. ing the aforesaid resolves, and requesting them to fected by a legislature, subject to their control, lay the same before their respective assemblies, in they would, even then, have no other security than confidence, that they will readily and cheerfully belongs to them by the laws of nature, and the comply with the wise and salutary resolves of the English constitution; but should the authority, house of Burgesses, in Virginia. now claimed by parliament, be fully supported by power, or submitted to by the colonies, it appears [The committee of correspondence, chosen into this house that there will be an end to liberty pursuance of the resolves aforesaid, were Mr. in America; and that the colonists will then change Cushing, (the speaker,) Mr. S. Adams, hon. John the name of freemen for that of slaves. In order to adjust and settle these important Hancock, Mr. William Phillips, captain William Heath, hon. Joseph Hawley, James Warren, esq. R. Derby, jun. esq. Mr. Elbridge Gerry, J. Bowers, concerns, the free and magnanimous Burgesses of esq. Jedediah Foster, esq. Daniel Leonard, esq. Virginia have proposed a method for uniting the captain T. Gardner, capt. Jonathan Greenleaf, and councils of its sister colonies; and it appearing to J. Prescott, esq.] Letter from the house of representatives, addressed to the speakers of the several houses of assembly, on the continent. BOSTON, June 3, 1773. this house to be a measure very wise and salutary, is cheerfully received and heartily adopted. With great respect for your honorable assembly, and in confidence, that a matter, which so nearly affects the safety of each colony, will be assisted STR-The house of representatives, of this pro-by its wise councils, permit this house to enclose vince, being earnestly attentive to the controversy a copy of resolutions, lately entered into here, and between Great Britain and the colonies, and con to request you to communicate the same at a con. sidering that the authority claimed and exercised venient opportunity. THOMAS CUSHING, speaker. [June 2, 1773, the galleries having been cleared, *In consequence of burning the Gaspee, a British armed vessel, which had greatly harassed the navigation of Rhode Island, a court of enquiry was appointed, under the great seal of England, to be by a vote of the house, Mr. S. Adams observed, holden at Newport. They met once and again, "that he perceived the minds of the people were but finally dissolved, without doing any thing im-much agitated by a report, that letters of an exportant. It was supposed that many persons, suspected of burning the Gaspee, would have been traordinary nature had been written and sent to England, greatly to the prejudice of this province: sent to England for trial. that he had obtained certain letters, with different been made by all his governors, ever since its first signatures, with the consent of the gentleman, publication, make it proper for me to communicate from whom he received them, that they should the order to both houses. I am required to signify to you his majesty's T. HUTCHINSON. EXTRACT FROM THE ANSWER OF THE HOUSE OF RE- February 5, 1774. be read in the house, under certain restrictions, namely, that the said letters be neither printed nor copied, in whole, or in part,”—and he accordingly disapprobation of the appointment of committees offered them for the consideration of the house. of correspondence, in various instances, which sit A vote then passed, that the letters be read; and and act, during the recess of the general court, by they were read accordingly: being signed, Thomas prorogation. Hutchinson, Andrew Oliver, Charles Paxton, Robert Auchmuty, &c. The whole house was then resolved into a committee, to take said letters into consideration, and the house adjourned to the afternoon. Mr. Hancock, from the committee of May it please your excellency, the whole house, reported, that the committee It affords great satisfaction to this house to find, were of opinion, the tendency and design of the that his majesty has been pleased to put an end to said letters was to overthrow the constitution of an undue claim, heretofore made by the governors this government, and to introduce arbitrary power of this province, grounded upon a supposition into the province, and the report was accepted, that the consent of the chair was necessary to the 101 to 5. A committee of nine was, thereupon, validity of the judicial acts of the governor and chosen, to consider what was proper to be done, in council. Whereby their proceedings, when sitting reference to the letters aforesaid; and the speaker, as the supreme court of Probate, and as the court (Mr. Cushing,) Mr. Admas, Mr. Hancock, Mr. Gor ham, Mr. Pickering, maj. Hawley, col. Warren, Mr. Payne and major Foster, were chosen.] for determining in cases of marriage and divorce, have been so often impeded. The royal order, that the governor shall acquiesce in the determination of the majority of the council, respects not EXTRACT FROM THE GOVERNOR'S MESSAGE TO THE TWO the council only, but the body of the people of HOUSES, JANUARY 26, 1774. Gentlemen of the council, and this province. And his majesty has therein shewed his regard to justice, as well as the interest and convenience of his subjects, in rescuing a clause in the charter from a construction which, in the opinion of this house, was repugnant to the express meaning and intent of the charter, inconsistent with the idea of a court of justice, and dangerous to the rights and property of the subject. Gentlemen of the house of representatives, The judicial proceedings of the governor and council, as the supreme court of Probate, and as the court for determining in cases of marriage and divorce, having been impeded in many instances, where the opinion of the governor has been different from that of the majority of councellors present, the governor having always considered Your excellency is pleased to inform the two his consent as necessary to every judicial act. In houses, that you are required to signify to them the year 1771, I stated the arguments, as well his majesty's disapprobation of the appointment against as for the claim of the governor; and his of committees of correspondence, in various inmajesty having been pleased to order the case thus stances, which sit and act, during the recess of the stated, to be laid before the lords of his majesty's general court, by prorogation. You are not pleased most honorable privy council, I am now able to to explain to us the grounds and reasons of his inform you, that it has been signified to me, to be majesty's disapprobation: until we shall have such bis majesty's pleasure, that I do acquiesce in the explanation laid before us, a full answer to this determination of the majority of counsellors pre- part of your speech will not be expected from us. sent, voting as a court for proving wills and ad- We cannot, however, omit saying, upon this occaministration, and deciding controversies concern- sion, that while the common rights of the Ameri ing marriage and divorce, although I should differ can subjects, continue to be attacked in various in opinion from that majority. This order more instances, and at times when the several assemblies immediately respects the council; nevertheless, are not sitting, it is highly necessary that they the tender regard which his majesty has shewn for should correspond with each other, in order to the interest and convenience of his subjects, in a unite in the most effectual means for the obtaining construction of the charter, different from what had a redress of their grievances. And as the sitting 1 ple. [The committee, by whom the foregoing was reported, were, the speaker, Mr. S. Adams, Mr. Hancock, col. Warren, col. Thayer, col. Bowers, and captain Derby.] [Before the general court of Massachusetts separated, in June, 1774, they elected five delegates, to meet such as should be chosen by the other colo of the general assemblies in this, and most of the shall, at the same time, as far as in us lies, most colonies, depends upon the pleasure of the gover-effectually secure the tranquility and good order nors, who hold themselves under the direction of of the government, and the great end for which it administration, it is to be expected, that the meet- was instituted, the safety and welfare of the peoing of the assemblies will be so ordered, as that the intention proposed by a correspondence between them, will be impracticable, but by committees, to sit and act in the recess. We would, morcover, observe that, as it has been the practice for years past for the governor and lieutenant governor of this province, and other officers of the crown, at all times, to correspond with ministers of state, and persons of distinction and influence in the nation, in order to concert and carry on such measures of the British administration, as bave nies, to convene at Philadelphia, to consider the critical and alarming situation of the country,--been deemed by the colonists to be grievous to them, it cannot be thought unreasonable, or imThey met in September, 1774, and delegates from all the other provinces, (except Georgia, which, proper, for the colonists to correspond with their however, soon afterwards joined the confederacy,) agents, as well as with each other, to the end, that convened there, at that period, and formed the their grievances may be so explained to his mafirst continental congress. The following gentlejesty, as that, in his justice, he may afford them necessary relief. As this province has heretofore Samuel Adams, Robert T. Paine, James Bowdoin, men were appointed delegates: Thomas Cushing, felt the great misfortune of the displeasure of our and John Adams. And as the general court was dissovereign, by means of misrepresentations, permit solved, it was also proposed to have a provincial us further to say, there is room to apprehend that his majesty has, in this instance, been misinformed; and that there are good grounds to suspect, that those who may have misinformed him, have had in meditation further measures destructive to the colo nies, which they were apprehensive would be defeated by means of committees of correspondence, sitting and acting in the recess of the respective assemblies. It must be pleasing to the good people of this province, to find that the heavy debt which had been incurred by their liberal aids, through the course of the late war, for the subduing his majesty's inveterate enemies, and extending his territory and dominion in America, is so nearly discharged. Whenever the house of representatives shall deem it incumbent upon them to provide for any future charges, it will be done, as it ought, by such ways and means as, after due deliberation, to them shall seem meet. in this state. Deputies were accordingly chosen, MESSAGE FROM THE PROVINCIAL CONGRESS, SITTING AT May it please your excellency, The delegates, from the several towns in the province of Massachusetts Bay, convened in congress, beg leave to address you. The distressed and miserable state of the province, occasioned by the intolerable grievances and oppressions to In the mean time, this house will employ the powers with which they are entrusted, in suport ing his majesty's just authority in the province, according to the royal charter, and in despatching which the people are subjected, and the danger such public business as now properly lies before and destruction to which they are exposed, of us. And, while we pursue such measures as tend, which your excellency must be sensible, and the by God's blessing, to the redress of grievances, want of a general assembly, have rendered it and to the restoration and establishment of the indispensably necessary to collect the wisdom of public liberty, we persuade ourselves, that we! the province, by their delegates, in this congress,. 38. |