ADDRESSED
To the Inhabitants of the Province of Massachusetts Bay,
January 16, 1775.
MY DEAR COUNTRYMEN,
HAD a person, some fifteen years ago, undertaken to prove that the colonies were a part of the British empire or dominion, and as such, subject to the authority of the British parliament, he would have acted as ridiculous a part, as to have undertaken to prove a self-evident proposition. Had any person denied it, he would have been called a fool or madman. At this wise period, individuals and bodies of men deny it, notwithstanding in doing it they subvert the fundamentals of government, deprive us of British liberties, and build up absolute monarchy in the colonies; for our charters suppose regal authority in the grantor; if that authority be derived from the British crown, it pre-supposes this territory to have been a part of the British dominion, and as such subject to the imperial sovereign; if that authority was vested in the person of the king, in a different capacity, the British constitution and laws are out of the question, and the king must be absolute as to us, as his prerogatives have never been circumscribed. Such must have been the sovereign authority of the several kings, who have granted American charters, previous to the several grants; there is nothing to detract from it, at this time, in those colonies that are destitute of charters, and the charter governments must severally revert to absolute monarchy, as their charters may happen to be forfeited by the grantees not fulfilling the conditions of them, as every charter contains an express or implied condition.
It is curious indeed to trace the denial and oppugnation to the supreme authority of the state. When the stamp-act was made, the authority of parliament to impose internal taxes was denied; but their right to impose external ones, or in other words, to lay duties upon goods and merchandize was admitted. When the act was made imposing duties upon tea, &c. a new distinction was set up, that the parliament had a right to lay duties upon merchandize for the purpose of regulating trade, but not for the purpose of raising a revenue: that is, the parliament had good right and lawful authority to lay the former duty of a shilling on the pound, but had none to lay the present duty of three pence. Having got thus far safe, it was only taking one step more to extricate ourselves entirely from their fangs, and become independant states, that our patriots most heroically resolved upon, and flatly denied that parliament had a right to make any laws whatever, that should be binding upon the colonies. There is no possible medium between absolute independence, and subjection to the authority of parliament. He must be blind indeed that cannot see our dearest interest in the latter, notwithstanding many pant after the former. Misguided men! could they once overtake their wish, they would be convinced of the madness of the pursuit.
My dear countrymen, it is of the last importance that we settle this point clearly in our minds; it will serve as a sure test, certain criterion and invariable standard to distinguish the friends from the enemies of our country, patriotism from sedition, loyalty from rebellion. To deny the supreme authority of the state, is a high misdemeanor, to say no worse of it; to oppose it by force is an overt act of treason, punishable by confiscation of estate, and most ignominious death. The realm of England is an appropriate term for the ancient realm of England, in contradistinction to Wales and other territories, that have been annexed to it. These as they have been severally annexed to the crown, whether by conquest or otherwise, became a part of the empire, and subject to the authority of parliament, whether they send members to parliament or not, and whether they have legislative powers of their own or not.
Thus Ireland, who has perhaps the greatest possible subordinate legislature, and sends no members to the British parliament, is bound by its acts, when expressly named. Guernsey and Jersey are no part of the realm of England, nor are they represented in parliament, but are subject to its authority: and, in the same predicament are the American colonies, and all the other dispersions of the empire. Permit me to request your attention to this subject a little longer; I assure you it is as interesting and important, as it is dry and unentertaining.
Let us now recur to the first charter of this province, and we shall find irresistible evidence, that our being part of the empire, subject to the supreme authority of the state, bound by its laws and entitled to its protection, were the very terms and conditions by which our ancestors held their lands, and settled the province. Our charter, like all other American charters, are under the great seal of England; the grants are made by the king, for his heirs and successors; the several tenures to be of the king, his heirs and successors; in like manner are the reservations. It is apparent the king acted in his royal capacity, as king of England, which necessarily supposes the territory granted, to be a part of the English dominions, holden of the crown of England.
The charter, after reciting several grants of the territory to sir Henry Roswell and others, proceeds to incorporation in these words: "And for as much as the good and prosperous success of the plantations of the said parts of New England aforesaid, intended by the said sir Henry Roswell and others, to be speedily set upon, cannot but chiefly depend, next under the blessing of almighty God, and the support of our royal authority, upon the good government of the same, to the end that the affairs of business, which from time to time shall happen and arise concerning the said lands and the plantations of the same may be the better managed and ordered, we have further hereby, of our especial grace, certain knowledge and mere motion given, granted and confirmed, and for us, our heirs and successors, do give, grant and confirm unto our said trusty and well beloved subjects, sir Henry Roswell, &c. and all such others as shall hereafter be admitted and made free of the company and society hereafter mentioned, shall from time to time and at all times, forever hereafter, be by virtue of these presents, one body corporate, politic in fact and name by the name of the governor and company of the Massachusetts Bay, in New England; and them by the name of the governor and company of the Massachusetts Bay, in New England, one body politic and corporate in deed, fact and name. We do for us our heirs and successors make, ordain, constitute and confirm by these presents, and that by that name they shall have perpetual succession, and that by that name they and their successors shall be capable and enabled as well to implead and to be impleaded, and to prosecute, demand and answer and be answered unto all and singular suits, causes, quarrels and actions of what kind or nature soever; and also to have, take, possess, acquire and purchase, any lands, tenements and hereditaments, or any goods or chattels, the same to lease, grant, demise, aliene, bargain, sell and dispose of as our liege people of this our realm of England, or any other corporation or body politic of the same may do." I would beg leave to ask one simple question, whether this looks like a distinct state or independent empire? Provision is then made for electing a governor, deputy governor, and eighteen assistants. After which, is this clause: "We do for us, our heirs and successors, give and grant to the said governor and company, and their successors, that the governor or in his absense the deputy governor of the said company, for the time being, and such of the assistants or freemen of the said company as shall be present, or the greater number of them so assembled, whereof the governor or deputy governor and six of the assistants, at the least to be seven, shall have full power and authority to choose, nominate and appoint such and so many others as they shall think fit, and shall be willing to accept the same, to be free of the said company and body, and them into the same to admit and to elect and constitute such officers as they shall think fit and requisite for the ordering, managing and dispatching of the affairs of the said governor and company and their successors, and to make laws and ordinances for the good and welfare of the said company, and for the government and ordering of the said lands and plantations, and the people inhabiting and to inhabit the same, as to them from time to time shall be thought meet: So as such laws and ordinances be not contrary or repugnant to the laws and statutes of this our realm of England."
Another clause is this, "And for their further encouragement, of our especial grace and favor, we do by these presents, for us, our heirs, and successors, yield and grant to the said governor and company and their successors, and every of them, their factors and assigns, that they and every of them shall be free and quit from all taxes, subsidies and customs in New England for the space of seven years, and from all taxes and impositions for the space of twenty-one years, upon all goods and merchandize, at any time or times hereafter, either upon importation thither, or exportation from thence into our realm of England, or into other of our dominions, by the said governor and company and their successors, their deputies, factors and assigns, &c."