Chapter 22
Before we leave this part of your Excellency's speech, we would observe, that the great design of our ancestors in leaving the kingdom of England, was to be freed from a subjection to its spiritual laws and courts, and to wors.h.i.+p G.o.d according to the dictates of their consciences. Your Excellency, in your history observes, that their design was "to obtain for themselves and their posterity, the liberty of wors.h.i.+pping G.o.d in such manner as appeared to them most agreeable to the sacred scriptures." And the General Court themselves declared in 1651, that "seeing just cause to fear the persecution of the then Bishop, and high commission for not conforming to the ceremonies of those under their power, they thought it their safest course, to get to this outside of the world, out of their view and beyond their reach." But, if it had been their sense, that they were still to be subject to the supreme authority of Parliament, they must have known that their design might, and probably would be frustrated; that the Parliament, especially considering the temper of those times, might make what ecclesiastical laws they pleased, expressly to refer to them, and place them in the same circ.u.mstances with respect to religious matters, to be relieved from which, was the design of their removal; and we would add, that if your Excellency's construction of the clause in our present charter is just, another clause therein, which provides for liberty of conscience for all christians, except papists, may be rendered void by an act of Parliament made to refer to us, requiring a conformity to the rights and mode of wors.h.i.+p in the church of England, or any other.
Thus we have endeavored to show the sense of the people of this colony under both charters; and, if there have been in any late instances a submission to acts of Parliament, it has been, in our opinion, rather from inconsideration, or a reluctance at the idea of contending with the parent state, than from a conviction or acknowledgment of the Supreme Legislative authority of Parliament.
Your Excellency tells us, "you know of no line that can be drawn between the supreme authority of Parliament and the total independence of the colonies." If there be no such line, the consequence is, either that the colonies are the va.s.sals of the Parliament, or that they are totally independent. As it cannot be supposed to have been the intention of the parties in the compact, that we should be reduced to a state of va.s.salage, the conclusion is, that it was their sense that we were thus independent. "It is impossible," your Excellency says, "that there should be two independent Legislatures in one and the same state." May we not then further conclude, that it was their sense, that the colonies were, by their charters, made distinct states from the mother country? Your Excellency adds, "for although there may be but one head, the King, yet the two Legislative bodies will make two governments as distinct as the kingdoms of England and Scotland, before the union." Very true, may it please your Excellency; and if they interfere not with each other, what hinders, but that being united in one head and common Sovereign, they may live happily in that connection, and mutually support and protect each other? Notwithstanding all the terrors which your Excellency has pictured to us as the effects of a total independence, there is more reason to dread the consequences of absolute uncontroled power, whether of a nation or a monarch, than those of a total independence. It would be a misfortune "to know by experience, the difference between the liberties of an English colonist and those of the Spanish, French, and Dutch": and since the British Parliament has pa.s.sed an act, which is executed even with rigor, though not voluntarily submitted to, for raising a revenue, and appropriating the same, without the consent of the people who pay it, and have claimed a power of making such laws as they please, to order and govern us, your Excellency will excuse us in asking, whether you do not think we already experience too much of such a difference, and have not reason to fear we shall soon be reduced to a worse situation than that of the colonies of France, Spain, or Holland?
If your Excellency expects to have the line of distinction between the supreme authority of Parliament, and the total independence of the colonies drawn by us, we would say it would be an arduous undertaking, and of very great importance to all the other colonies; and therefore, could we conceive of such a line, we should be unwilling to propose it, without their consent in Congress.
To conclude, these are great and profound questions. It is the grief
After all that we have said, we would be far from being understood to have in the least abated that just sense of allegiance which we owe to the King of Great Britain, our rightful Sovereign; and should the people of this province be left to the free and full exercise of all the liberties and immunities granted to them by charter, there would be no danger of an independence on the Crown. Our charters reserve great power to the Crown in its Representative, fully sufficient to balance, a.n.a.logous to the English const.i.tution, all the liberties and privileges granted to the people. All this your Excellency knows full well; and whoever considers the power and influence, in all their branches, reserved by our charter, to the Crown, will be far from thinking that the Commons of this province are too independent.
1 Adams was a member of the committee appointed by the House on January 8 to prepare this answer, and also a member of the committee appointed January 26 to present the answer to the Governor.
Concerning the authors.h.i.+p of the answer, see W. V. Wells, Life of Samuel Adams. vol. ii., p. 31, and R. Frothingham, Life of Joseph Warren, p. 223. For a claim adverse to the authors.h.i.+p of Samuel Adams, see W. Tudor, Life of James Otis, p. 411, See also below, pages 430, 431.
2 Ma.s.sachusetts State Papers, pp. 336-342.
3 T. Hutchinson, History of the Province of Ma.s.sachusetts Bay, vol. i.
p. 322.
4 A Collection of Original Papers Relative to the History of the Colony of Ma.s.sachusetts Bay. Boston, 1769. Reprinted by the Prince Society, 2 vols., Albany, 1865, under the t.i.tle The Hutchinson Papers.
5 The Hutchinson Papers, vol, ii., pp. 210 et seq.
7 Daniel Neal, History of New England. London, 1720, vol. ii., p. 479.
8 T. Hutchinson, History of the Province of Ma.s.sachusetts Bay, vol ii., p. 64.
THE COMMITTEE OF CORRESPONDENCE OF BOSTON TO THE COMMITTEE OF CORRESPONDENCE OF LYNN.1
[MS., Committee of Correspondence Papers, Lenox Library.]
BOSTON Febry 9 1773
SIRS
The Committee of Correspondence have now before them the Letter of the Town of Lynn, & will, agreable to their desire, lay it before this Town. We heartily joyn with you in wis.h.i.+ng the glorious spirit of Liberty which now animates the Inhabitants of this Province shall be diffused through the Colonies, & happily Effect the restoration of their Rights, which are cruelly ravishd from them.
1 Addressed to Ebenezer Burrill, town clerk.
[1773] SAMUEL ADAMS. 427
To DARIUS SESSIONS.1
[MS., Samuel Adams Papers, Lenox Library.]
[February --, 1773.]
SIR
As I am informd the Commissioners are all now in Newport, and your a.s.sembly is to meet this day I am anxious to know precisely the Steps that are or shall be taken by each. I hope your Governor will not think it proper for him to act in the Commission if the others should determine so to do. Will it not be construed as conceding on his part to the Legality of it? Every Movement on the Side of the Commissioners & the a.s.sembly must be important. I trust no Concessions will be made on your part which shall have the remotest tendency to fix a precedent; for if it is once establishd, a thousand Commissions of the like arbitrary kind may be introducd to the utter ruin of your free Const.i.tution. The promoters of ministerial measures in this Town are pleasd to hear from one of the Commissioners that they are treated with great respect: Even common Civility will be thus colourd to serve the great purpose. Will it not be necessary at all Events for the a.s.sembly to enter a protest on their Journal against so unconst.i.tutional a proceeding. This is the Sentiment of a Gentleman here whose Judgment I very much regard. Such has been the constant practice of the a.s.sembly of this province in like Cases, for some years past. You will see by our Governors Speech what Use is made of Mistakes of this Sort; they are even Improved as Arguments of our having voluntarily consented to be the Va.s.sals of the British Parliament. Indeed the Doctrine he has advancd strikes at the root of every civil Const.i.tution in America. If it be admissible, you have no just Cause to complain of the present Measure for it is founded upon the Authority of that parliament, to the Jurisdiction of which notwithstanding your Charter, you remain subject.
I shall receive a Letter from you by the return of the post if your Attention to the publick Affairs will admit of it, as a great favor. In the mean time I beg you to excuse this hasty Scrawl & believe me to be &c
1 See above, page 389. note.
THE HOUSE OF REPRESENTATIVES OF Ma.s.sACHUSETTS TO THE GOVERNOR. FEBRUARY 12, 1773.1
[Ma.s.sachusetts State Papers, pp. 366, 367; printed also in the Gentleman's Magazine, vol. xliii., Pp. 198, 199.]
May it please your Excellency,
Your message of the 4th instant,2 informs this House, that his Majesty has been pleased to order that salaries shall be allowed to the Justices of the Superior Court of this province.
We conceive that no Judge, who has a due regard to justice, or even to his own character, would choose to be placed under such an undue bias as they must be under, in the opinion of this House, by accepting of, and becoming dependent for their salaries upon the Crown.
Had not his Majesty been misinformed, with respect to the const.i.tution and appointment of our Judges, by those who advised to this measure, we are persuaded, he would never have pa.s.sed such an order; as he was pleased to declare, upon his accession to the throne, that "he looked upon the independence and uprightness of the Judges, as essential to the impartial administration of justice, as one of the best securities of the rights and liberties of his subjects, and as most conducive to the honor of the Crown."
Your Excellency's precaution to prevent all claim from the province for any services, for which the Justices may also be ent.i.tled to a salary from the King, is comparatively, of very small consideration with us.
When we consider the many attempts that have been made, effectually to render null and void those clauses in our charter, upon which the freedom of our const.i.tution depends, we should be lost to all public feeling, should we not manifest a just resentment. We are more and more convinced, that it has been the design of administration, totally to subvert the const.i.tution, and introduce an arbitrary government into this province; and we cannot wonder that the apprehensions of this people are thoroughly awakened.
We wait with impatience to know, and hope your Excellency will very soon be able to a.s.sure us, that the Justices will utterly refuse ever to accept of support, in a manner so justly obnoxious to the disinterested and judicious part of the good people of this province, being repugnant to the charter, and utterly inconsistent with the safety of the rights, liberties and properties of the people.
1 Stated to have been written by Adams, in W. V. Wells, Life of Samuel Adams, vol. ii., p. 47, but with no authority given.
2 Ma.s.sachusetts State Papers, pp. 365, 366.
TO JOHN ADAMS.1
[MS., Adams Papers, Quincy, Ma.s.s.; a facsimile is in Works of John Adams, vol. ii., p. 310.]
MY DEAR SIR
If you have had Leisure to commit your Thoughts to writing agreable to my request I shall be obligd if you will send them by the Bearer. The Govr says the House have incautiously applied a rule of the Common Law2 (see the 4th Coll. of his Speech). The a.s.sertion is mine, upon your Authority as I thought. If it be vindicable, pray give me your Aid in that as briefly as you please. I am sorry to trouble you at a time when I know you must be much engagd but to tell you a Secret, if there be a Lawyer in the house in Major Hawleys Absence, there is no one whom I incline to confide in.
Monday Evg
1 Presumably written on February 22 or March I, 1773. Cf. W. V.
Wells, Life of Samuel Adams, vol. ii., p. 41.
2 Speech of February 16, 1773. Ma.s.sachusetts State Papers, p. 374.
See ibid., p. 387.