solutely as they possibly could be by any buman instrument which can be devised. And it is unde ably true,,that the greatest and most important right of a British subject is, that he shall be govern tion which raised ancient Rome, from the smalles beginnings, to that bright summit of happiness and glory to which she arrived; and it was the loss of this which plunged her from that summit into the black gulph of infamy and slavery. It was this aed by no laws but those to which he either in person or tachment which inspired her senators with wisdom; by his representative hath given his consent: and this it was this which glowed in the breast of her he will venture to assert, is the grand basis of Bri roes; it was this which guarded her liberties and tish feeedom; it is interwoven with the constitution; extended her dominions, gave peace at home, and and whenever this is lost, the constitution must be commanded respect abroad: and when this decay-destroyed. ed, her magistrates lost their reverence for justice and the laws, and degenerated into tyrants and opis a happy compound of the three forms (under pressors-her senators, forgetful of their dignity, and seduced by base corruption, betrayed their country-her soldiers, regardless of their relation to the community, and urged only by the hopes of plunder and rapine, unfeelingly committed the most flagrant enormities; and hired to the trade of death, with relentless fury, they perpetrated the most cruel murders, whereby the streets of imperial Rome were drenched with her noblest blood Thus this empress of the world lost her dominions abroad, and her inhabitants, dissolute in their man ners, at length became contented slaves; and she stands to this day, the scorn and derision of nations. and a monument of this eternal truth, that PUBLIC HAPPINESS DEPENDS ON A VIRTUOUS AND UNSHAKEN ATTACHMENT TO A FREE CONSTITUTION. The British constitution (of which ours is a copy) some of which all governments may be ranged) viz. monarchy, aristocracy, and democracy: of these three the British legislature is composed, and without the consent of each branch, nothing can carry with it the force of a law; but when a law is to be passed for raising a tax, that law can originate only in the democratic branch, which is the house of commons in Britain, and the house of representatives here -The reason is obvious: they and their constituents are to pay much the largest part of it; but as the aristocratic branch, which, in Britain, is the house of lords, and in this province, the council, are also to pay some part, Tuxin consent is necessary; and as the monarchic branch, which in Britain is the king, and with us, either the king in person, or the governor whom he shall be pleased to appoint to act in his stead, is supposed to have on free and benevolent principles, which inspired a just sense of his own interest, which is that of all the first settlers of this country:-they saw with the subjects in general, His consent is also necesgrief the daring outrages committed on the free sary, and when the consent of these three branches is obtained, the taxation is most certainly legal. constitution of their native land-they knew that nothing but a civil war could at that time restore Let us now allow ourselves a few moments to its pristine purity. So hard was it to resolve to examine the late acts of the British parliament for embrue their hands in the blood of their brethren, taxing America-Let us with candor judge whether that they chose rather to quit their fair possessions they are constitutionally binding upon us:—if they and seek another habitation in a distant clime-are, IN THE NAME OF JUSTICE let us submit to them, When they came to this new world, which they without one murmuring word. fairly purchased of the Indian natives, the only rightful proprietors, they cultivated the then barren soil, by their incessant labor, and defended their dear-bought possessions with the fortitude of the christain, and the bravery of the hero. It was this attachment to a constitution, founded After various struggles, which, during the tyrannic reigns of the house of Stuart, were constantly kept up between right and wrong, between liberty and slavery, the connection between Great Britain and this colony was settled in the reign of king William and queen Mary, by a compact, the conditions of which were expressed in a charter; by which all the liberties and immunities of British subjects, were confined to this province, as fully and as ab First, I would ask whether the members of the British house of commons are the democracy of this province? if they are, they are either the people of this province, or are elected by the people of this province, to represent them, and have therefore a constitutional right to originate a bill for taxing them: it is most certain they are neither; and therefore nothing dore by them can be said to be done by the democratic branch of our constitution. I would next ask, whether the lords, who compose the aristocratic branch of the legislature, are peers of America? I never heard it was (even in those extraordinary times) so much as pretended, and if they are not, certainly no act of theirt can be said to be the act of the aristocratic branch pression should be enforced by another, and thereof our constitution. The power of the monarchic fore, contrary to our just rights as possessing, or branch we, with pleasure, acknowledge resides in at least having a just title to possess, all the liberthe king, who may act either in person or by his re-ties and IMMUNITIES of British subjects, a standing presentative; and I freely confess that I can see no army was established among us in time of peace; reason why a PROCLAMATION for raising in Ame- and evidently for the purpose of effecting that, rica, issued by the king's sole authority, would not which it was one principle design of the founders be equally consistent with our own constitution, of the constitution to prevent, (when they declared and therefore equally binding upon us with the late a standing army in a time of peace to be AGAINST acts of the British parliament for taxing us; for it is LAW) namely, for the enforcement of obedience plain, that if there is any validity in those acts, it to acts which, upon fair examination, appeared to must arise altogether from the monarchical branch be unjust and unconstitutional. of the legislature: and I further think that it would The ruinous consequences of standing armies to be at least as equitable; for I do not conceive it to free communities, may be seen in the histories of be of the least importance to us by whom our pro- SYRACUSE, ROME, and many other once flourishing perty is taken away, so long as it is taken without states; some of which have now scarce a name! our consent; and I am very much at a loss to know their baneful influence is most suddenly felt, when by what figure of rhetoric, the inhabitants of this they are placed in populous cities; for, by a corprovince can be called FREE SUBJECTS, when they ruption of morals, the public happiness is immeare obliged to obey implicitly, such laws as are made diately affected? and that this is one of the effects for them by men three thousand miles off, whom of quartering troops in a populous city, is a truth, they know not, and whom they never empowered to which many a mourning parent, many a lost, deto act for them, or how they can be said to have pairing child in this metropolis, must bear a very PROPERTY, when a body of men, over whom they melancholy testimony. Soldiers are also taught have not the least control, and who are not in any to consider arms as the only arbiters by which way accountable to them, shall oblige them to de every dispute is to be decided between contending liver up any part, or the whole of their substance, states;-they are instructed implicitly to obey their without even asking their consent: and yet whoever commanders, without enquiring into the justice of pretends that the late acts of the British parlia-the cause they are engaged to support: hence it is, ment for taxing America ought to be deemed bind-that they are ever to be dreaded as the ready ening upon us, must admit at once that we are ab-gines of tyranny and oppression. And it is too obsolute SLAVES, and have no property of our servable that they are prone to introduce the same own; or else that we may be FREEMEN, and at the mode of decision in the disputes of individuals, and same time under a necessity of obeying the arbitru- from thence have often arisen great animosites bery commands of those over whom we have no con- tween them and the inhabitants, who, whilst in a trol o influence, and that we may HAVE PROPERTY naked, defenceless state, are frequently insulted OF OUR OWN, which is entirely at the disposal of and abused by an armed soldiery. And this will another. Such gross absurdities, I believe will not be more especially the case, when the troops are be relished in this enlightened age: and it can be informed that the intention of their being stationed no matter of wonder that the people quickly per in any city, is to OVERAWE THE INHABITANTS. ceived, and seriously complained of the inroads this was the avowed design of stationing an armed which these acts must unavoidably make upon their force in this town, is sufficiently known; and wE, liberty, and of the hazard to which their whole pro- my fellow citizens, have seen, we have felt the traperty is by them exposed; for, if they may be taxed gical effects!-THE FATAL FIFTH OF MARCH, without their consent, even in the smallest trifle, 1770, CAN NEVER BE FORGOTTEN—The horrors of they may also, without their consent, be deprived THAT DREADFUL NIGHT are but too deeply impressed of every thing they possess, although never so va on our hearts-Language is too feeble to paint Juable, never so dear. Certainly it never entered the emotion of our souls, when our streets were the hearts of our ancestors, that after so many dan stained with the BLOOD OF OUR BRETHREN,—when gers in this then desolate wilderness, their hard- our ears were wounded by the groans of the dying, earned property should be at the disposal of the and our eyes were tormented with the sight of the British parament; and as it was soon found that mangled bodies of the dead.-When our alarmed this taxation could not be supported by reason and imagination presented to our view our houses wrapt argument, it seemed necessary that one act of op in flames,—our children subjected to the barbarous That Caprice of the raging soldiery,—our beauteous vir- with regard to us, is truly astonishing! what can be gins exposed to all the insolence of unbridled pas-proposed by the repeated attacks made upon our sion, our virtuous wives, endeared to us by every freedom, I really cannot surmise; even leaving jus. tender tie, falling a sacrifice to worse than brutal tice and humanity out of question. I do not know violence, and perhaps, like the famed LUCRETIA, one single advantage which can arise to the Bridistracted with anguish and despair, ending their tish nation, from our being enslaved:--I know not wretched lives by their own fair hands. When of any gains, which can be wrung from us by opwe beheld the authors of our distress parading in pression, which they may not obtain from us by our our streets, or drawn up in a regular battalia, as own consent, in the smooth channel of commerce: though in a hostile city, our hearts beat to arms; we wish the wealth and prosperity of Britain; we we snatched our weapons, almost resolved, by one contribute largely to both. Doth what we contridecisive stroke, to avenge the death of our SLAUGH-bute lose all its value, because it is done voluntariTERED BRETHREN, and to secure from future dan- ly? the amazing increase of riches to Britain, the ger, all that we held most dear: but propitious great rise of the value of her lands, the flourishing heaven forbade the bloody carnage, and saved the state of her navy, are striking proofs of the advan. threatned victims of our too keen resentment, not tages derived to her from her commerce with the by their discipline, not by their regular array,-no, colonies; and it is our earnest desire that she may it was royal GEORGE's livery that proved their still continue to enjoy the same emoluments, until shield--it was that which turned the pointed en her streets are paved with AMERICAN GOLD; only, gines of destruction from their breasts. The let us have the pleasure of calling it our own, whilst thoughts of vengeance were soon buried in our init is in our own hands; but this it seems is too great bred affection to Great Britain, and calm reason a favor-we are to be governed by the absolute comdictated a method of removing the troops more mand of others; our property is to be taken away withmild than an immediate recourse to the sword. out our consent-if we complain, our complaints are With united efforts you urged the immediate de-treated with contempt; if we assert our rights, that parture of the troops from the town--you urged assertion is deemed insolence; if we humbly offer it, with a resolution which ensured success-you to submit the matter to the impartial decision of obtained your wishes, and the removal of the troops reason, the swonD is judged the most proper arguwas effected, without one drop of their blood being ment to silence our murmurs! but this cannot long shed by the inhabitants. be the case-surely the British nation will not sufThe immediate actors in the tragedy of THAT fer the reputation of their justice and their honor, NIGHT, were surrendered to justice.It is not to be thus sported away by a capricious ministry; mine to say how far they were guilty? they no, they will in a short time open their eyes to have been tried by the country and ACQUITTED to their true interest: they nourish in their of murder! and they are not to be again arraigned at an earthly bar: but, surely the men who have promiscuously scattered death amidst the innocent inhabi tants of a populous city, ought to see well to it, that they be prepared to stand at the bar of an omniscient judge! and all who contrived or encouraged the stationing troops in this place have reasons of eternal importance, to reflect with deep contrition, où their base designs, and humbly to repent of their impious machinations. The infatuation which hath seemed, for a number of years, to prevail in the British councils, I have the strongest reason to believe that I have mentioned the only circumstance which saved the troops from destruction. It was then, and now is, the opinion of those who were best acquainted with the state of affairs at that time, that bad thrice that number of troops, belonging to any power at open war with us, been in this town, in the same exposed condition, scarce a man would have lived to have seen the morning light. own breasts, a noble love of liberty; they hold her dear, and they know that all who have once possessed her charms, had rather die than suffer her to be torn from their embraces-they are also sensible that Britain is so deeply interested in the prosperity of the colonies, that she must eventually feel every wound given to their freedom; they cannot be ignorant that more dependence may be placed on the affections of a brother, than on the forced service of a slave; they must approve your efforts for the preservation of your rights; from a sympathy of soul they must pray for your success: and I doubt not but they will, e'er long, exert themselves effectually, to redress your grievances. Even in the dissolute reign of king CHARLES II. when the house of commons impeached the earl of Cla rendon of high treason, the first article on which they founded their accusation was, that "he had designed a standing army to be raised, and to govern the kingdom thereby." And the eighth article was, that "he had introduced an arbitrary government into his vain, if you, our offspring, want velor to repel the majesty's plantation." A terrifying example to those assaulis of her invaders!-Stain not the glory of who are now forging chains for this COUNTRY. your worthy ancestors, but like them resolve, neYou have, my friends and countrymen, frustrated ver to part with your birth-right; be wise in your the designs of your enemies, by your unanimity and deliberations, and determined in your exertions for the preservation of your liberties. Follow not fortitude: it was your union and determined spirit the dictates of passion, but enlist yourselves under which expelled those troops, who polluted your streets with INNOCENT BLOOD. You have appointed the sacred banner of reason; use every method in this anniversary as a standard memorial of the your power to secure your rights; at least prevent the curses of posterity from being heaped upon your memories. BLOODY CONSEQUENCES OF PLACING AN ARMED FORCE ocean, pious and venerable forefathers--who enabled them to turn a barren wilderness into a fruitful field, who so often made bare his arm for their salvation, will still be mindful of you, their offspring. IN A POPULOUS Cırx, and of your deliverance from the dangers which then seemed to hang over your If you, with united zeal and fortitude, oppose heads; and I am confident that you never will be the torrent of oppression; if you feel the true fire tray the least want of spirit when called upon to of patriotism burning in your breasts: if you, from guard your freedom. None but they who set a just your souls, despise the most gaudy dress that slavalue upon the blessings of liberty are worthy to very can wear; if you really prefer the lonely cotenjoy her--your illustrious fathers were her zeal tage (whilst blest with liberty) to gilded palaces, ous votaries—when the blasting frowns of tyranny surrounded with the ensigns of slavery, you may drove her from public view, they clasped her in have the fullest assurance that tyranny, with her their arms, they cherished her in their generous whole accursed train, will hide their bideous heads bosoms, they brought her safe over the rough in confusion, shame and despair--if you perform and fixed her seat in this then dreary wilder your part, you must have the strongest confidence, ness; they nursed her infant age with the most ten-that THE SAME ALMIGHTY BEING who protected your der care; for her sake, they patiently bore the severest hardships; for her support, they underwent the most rugged toils: in her defence, they boldly encountered the most alarming dangers; neither the ravenous beasts that ranged the woods for prey, May THIS ALMIGHTY BEING graciously pre nor the more furious savages of the wilderness, side in all our councils. May he direct us to such could damp their ardor!-Whilst with one hand measures as he himself shall approve, and be pleasthey broke the stubborn glebe, with the other they ed to bless. May we ever be a people favored of grasped their weapons, ever ready to protect he GOD. May our land be a land of liberty, the seat from danger. No sacrifice, not even their own of virtue, the asylum of the oppressed, a name and blood, was esteemed too rich a libation for her ala pruise in the whole earth, until the last shock of tar! God prospered their valor; they preserved he time shall bury the empires of the world in one brilliancy unsullied; they enjoyed her whilst they common undistinguished ruin! lived, and dying, bequeathed the dear inheritance to your care. And as they left you this glorious legacy, they have undoubtedly transmitted to you some portion of their noble spirit, to inspire you with virtue to merit her, and courage to preserve her: you surely cannot, with such examples before your eyes, as every page of the history of this country affords, suffer your liberties to be ravished from you by lawless force, or cajoled away by flat. tery and fraud. ORATION, DELIVERED AT BOSTON, MARCH 5, 1773, O! SOCII Virgil, Eel. 1. O passi graviora, dabit Deus his quoque finem; From a consciousness of inability, MY FRIENDS AND FELLOW COUNTRYMEN, I have repeatedly deThe voice of your fathers' blood cries to you from clied the duties of this anniversary. Nothing but the ground, MY SONS Scorn to be SLAVES! in vain firm attachment to the tottering liberties of we met the frowns of tyrants--in vain we crossed America* added to the the irresistible importunity the boisterous ocean, found a new world, and pre-of some valued friends, could have induced me (es. pared it for the happy residence of LIBERTY-i pecially with a very short notice) so far as to misvain we toiled-in vain we fought-e bled it At simul beroum laudes, et facta parentis Periculosæ plenum opus alex Suppositos cineri doloso.-HORACE. take my abilities, as to render the utmost extent instruments, and passive objects of the caprice of of your candor truly indispensable. an individual. When man was unconnected by social obliga- Mankind, apprised of their privileges, in being tions; abhorrent to every idea of dependence; rational and free, in prescribing civil laws to themactuated by a savage ferocity of mind, displayed in selves, had surely no intention of being enchained the brutality of his manners, the necessary exigencies of each individual, naturally impelled him to acts of treachery, violence and murder. The miseries of mankind thus proclaiming eter nal war with their species, led them, probably, to consult certain measures to arrest the current of such outrageous enormities. A sense of their wants and weakness, in a state of nature, doubtless inclined them to such recipro cal aids and support, as eventually established society. Men then began to incorporate; subordination succeeded to independence; order to anarchy; and passions were disarmed by civilization: society lent its aid to secure the weak from oppression, who wisely took shelter within the sanctuary of law. by any of their equals; and although they submitted voluntary adherents to certain laws, for the sake of mutual security and happiness, they, no doubt, intended by the original compact, a permanent exemption of the subject body from any claims, which were not expressly surrendered, for the purpose of obtaining the security and defence of the whole. Can it possibly be conceived, that they would voluntarily be enslaved by a power of their own crea tion. The constitution of a magistrate does not, therefore, take away that lawful defence against force and injury, allowed by the law of nature; we are not to entrusted to him; for the commonwealth, by conobey a prince, ruling above the limits of the power stituting a head, does not deprive itself of the power of its own preservation.* Government and Encreasing, society afterwards exacted, that the magistracy, whether supreme or subordinate, is a tacit contract made with her by each individual, at mere human ordinance, and the laws of every na the time of his being incorporated, should receive tion are the measure of magistratical power: and a more solemn form to become authentic and irre-kings, the servants of the state, when they degeneRagable; the main object being to add force to the rate into tyrants, forfeit their right to government. laws, proportionate to the power and extent of the body corporate, whose energy they were to di rect. Then society availed herself of the sacrifice of that liberty and that natural equality of which we are all conscious: superiors and magistrates were appointed, and mankind submitted to a civil and political subordination. This is truly a glorious inspiration of reason, by whose influence, notwith standing the inclination we have for independence, we accept control, for the establishment of order. Although unrestrained power in one person may have been the first and most natural recourse of mankind, from rapine and disorder; yet all restrictions of power, made by laws, or participation of sovereignty, are apparent improvements upon what began in unlimited power. It would shock humanity, should I attempt to describe those barbarous and tragic scenes, which crimson the historic page of this wretched and detestable constitution, where absolute dominion is lodged in one person: where one mokes the whole, and the whole is nothing. What motives, what events, could have been able to subdue men, endowed with reason, to render themselves then ut: -2. Breach of trust in a governor,† or attempting to enlarge a limited power, effectually absolves subjects from every boad of covenant and peace; the crimes acted by a king against the people, are the bighest treason against the highest law among men.‡ "If the king (says Grotius) hath one part of the supreme power, and the other part is in the senate or people, when such a king shall invade that part which doth not belong to him, it shall be lawful to oppose a just force to him, because his power doth not extend so far." The question, in short, turns upon this single point, respecting the power of the civil magis rate. is it the end of that office, that one particular per son may do what he will without restraint? or rather that society should be made happy and se. cure? the answer is very obvious-And it is my firm opinion that the equal justice of God, and the natural freedom of mankind, must stand or fall together. When rulers become tyrants, they cease to be kings: they can no longer be respected as Gon's vicegerents, who violate the laws they were sworn *The celebrated Mrs. Macaulay, Salus populi suprema lex este. |