Absolute monarchies, whatever their practice may be, are nothing to us. For as Harrington observes, "Absolute monarchy, as that of the Turks, neither plants its people at home nor abroad, otherwise than as tenants for life or at will; wherefore its national and provincial government is all one."
I deny, therefore, that the practice of free nations, or the opinions of the best writers upon the law of nations, will warrant the position of Massachusettensis, that when a nation takes possession of a distant territory, that becomes a part of the state equally with its ancient possessions. The practice of free nations, and the opinions of the best writers, are in general on the contrary.
I agree, that "two supreme and independent authorities cannot exist in the same state," any more than two supreme beings in one universe. And therefore I contend, that our provincial legislatures are the only supreme authorities in our colonies. Parliament, notwithstanding this, may be allowed an authority supreme and sovereign over the ocean, which may be limited by the banks of the ocean, or the bounds of our charters; our charters give us no authority over the high seas. Parliament has our consent to assume a jurisdiction over them. And here is a line fairly drawn between the rights of Britain and the rights of the colonies, viz. the banks of the ocean, or low water mark; the line of division between common law and civil, or maritime law. If this is not sufficient—if parliament are at a loss for any principle of natural, civil, maritime, moral or common law, on which to ground any authority over the high seas, the Atlantic especially, let the Colonies be treated like reasonable creatures, and they will discover great ingenuity and modesty. The acts of trade and navigation might be confirmed by provincial laws, and carried into execution by our own courts and juries, and in this case illicit trade would be cut up by the roots forever. I knew the smuggling tories in New-York and Boston would cry out against this, because it would not only destroy their profitable game of smuggling, but their whole place and pension system. But the whigs, that is a vast majority of the whole continent, would not regard the smuggling tories. In one word, if public principles and motives and arguments, were alone to determine this dispute between the two countries, it might be settled forever, in a few hours; but the everlasting clamours of prejudice, passion and private interest, drown every consideration of that sort, and are precipitating us into a civil war.
"If then we are a part of the British empire, we must be subject to the supreme power of the state, which is vested in the estates in parliament."
Here again we are to be conjured out of our senses by the magic in the words "British empire," and "supreme power of the state." But however it may sound, I say we are not a part of the British empire; because the British government is not an empire. The governments of France, Spain, &c. are not empires, but monarchies, supposed to be governed by fixed fundamental laws, though not really. The British government is still less intitled to the style of an empire: it is a limited monarchy. If Aristotle, Livy, and Harrington knew what a republic was, the British constitution is much more like a republic, than an empire. They define a republic to be a government of laws, and not of men. If this definition is just, the British constitution is nothing more nor less than a republic, in which the king is first magistrate. This office being hereditary and being possessed of such ample and splendid prerogatives, is no objection to the government's being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend. An empire is a despotism, and an emperor a despot, bound by no law or imitation, but his own will: it is a stretch of tyranny beyond absolute monarchy. For although the will of an absolute monarch is law, yet his edicts must be registered by parliaments. Even this formality is not necessary in an empire. There the maxim is quod principi placuit, legis habet vigorem, even without having that will and pleasure recorded. There are but three empires now in Europe, the German, or holy Roman, the Russian and the Ottoman.
There is another sense indeed, in which the word empire is used, in which it may be applied to the government of Geneva, or any other republic, as well as to monarchy, or despotism. In this sense it is synonimous with government, rule, or dominion. In this sense, we are within the dominion, rule, or government of the king of Great Britain.
The question should be, whether we are a part of the kingdom of Great Britain: this is the only language, known in English laws. We are not then a part of the British kingdom, realm or state; and therefore the supreme power of the kingdom, realm or state, is not upon these principles, the supreme power of us. That "supreme power over America is vested in the estates in parliament," is an affront to us; for there is not an acre of American land represented there—there are no American estates in parliament.
To say that we "must be" subject, seems, to betray a consciousness, that we are not by any law or upon any principles, but those of mere power; and an opinion that we ought to be or that it is necessary that we should be. But if this should be, admitted, for argument's sake only, what is the consequence? The consequences that may fairly be drawn are these:—That Britain has been imprudent enough to let colonies be planted, until they are become numerous and important, without ever having wisdom enough to concert a plan for their government, consistent with her own welfare: that now it is necessary to make them submit to the authority of parliament: and because there is no principle of law or justice, or reason, by which she can effect it; therefore she will resort to war and conquest—to the maxim delenda est Carthago. These are the consequences, according to this writer's idea. We think the consequences are, that she has after 150 years, discovered a defect in her government, which ought to be supplied by some just and reasonable means; that is, by the consent of the colonies; for metaphysicians and politicians may dispute forever, but they will never find any other moral principle or foundation of rule or obedience, than the consent of governors and governed. She has found out that the great machine will not go any longer without a new wheel. She will make this herself. We think she is making it of such materials and workmanship as will tear the whole machine to pieces. We are willing if she can convince us of the necessity of such a wheel, to assist with artists and materials, in making it, so that it may answer the end. But she says, we shall have no share in it; and if we will not let her patch it up as she pleases, her Massachusettensis and other advocates tell us, she will tear it to pieces herself, by cutting our throats. To this kind of reasoning we can only answer, that we will not stand still to be butchered. We will defend our lives as long as providence shall enable us.
"It is beyond doubt, that it was the sense both of the parent country and our ancestors, that they were to remain subject to parliament."
This has been often asserted, and as often contradicted, and fully confuted. The confutation may not, however, have come to every eye which has read this newspaper.