ARTICLE SIGNED "VINDEX."
[Boston Gazette, January 8, 1770.] —"And the Governor for the time being shall have full power and authority from time to time as he shall judge necessary, to adjourn, prorogue and dissolve all Great and General Courts or Assemblies met and conven'd as aforesaid."—1
THE power delegated by this clause to the Governor was undoubtedly intended in favor of the people—The necessity and importance of a legislative in being, and of its having the opportunity of exerting itself upon all proper occasions, must be obvious to a man of common discernment. Its grand object is the REDRESS OF GRIEVANCES: And for this purpose it is adjudg'd that parliaments ought to be held frequently—The people may be aggriev'd for the want of having a good law made, as well as repealing a bad one: So they may be, by the mal conduct of the executive in its manner of administring justice wrongfully under colour of law. In all these cases and many others, the necessity of the frequent interposition of the legislative evidently appears. And if either of them, much more, if all of them should at any time be justly complain'd of by the people, the adjourning, proroguing or dissolving the legislative, at such a juncture, must be the greatest of all grievances—There may be other reasons for the sitting of an American assembly besides the correcting any disorders arising from among the people within its own jurisdiction.—Some of the Acts of the British parliament are generally thought to be grievous in their operation, and dangerous in their consequences to the liberties of the American subjects: An American legislative therefore, in which the whole body of the people is represented, ought certainly to have the opportunity of explaining and remonstrating their grievances to the British parliament, and the full exercise of that invaluable and uncontroulable Right of the subject to petition the King, as often as they judge necessary, 'till they are removed. To postpone a meeting of this universal body of the people till it is too late to make such application must be a frustration of one grand design of its existance; and it naturally tends to other arbitrary exertions.—I have often tho't that in former administrations such delays to call the general assembly, were intended for the purpose above-mentioned: And if others should have the same apprehension at present I cannot help it, nor am I answerable for it. It may not be amiss however for every man to make it a subject of his contemplation. We all remember that no longer ago than the last year, the extraordinary dissolution by Governor Bernard, in which he declared he was merely ministerial, produced another assembly, which tho' legal in all its proceedings, awaked an attention in the very soul of the British empire.
It is not to be expected that in ordinary times, much less at such an important period as this is, any man, tho' endowed with the wisdom of Solomon, at the distance of three thousand miles, can be an adequate judge of the expediency of proroguing, and in effect even putting an end to an American legislative assembly; and more especially at a time when the evil spirit of Misrepresentation is become so atrocious, that even M. . .y itself is liable to be wrongly informed!—It is for this reason that the delegation of this power to the governor for the time being, appears to be intended in favor of the people: That there might be always at the head of the province, and resident therein, as the charter provides, a person of untainted integrity, candor, impartiality and wisdom, to judge of and determine so essential a point—A point, in which I should think, no person who justly deserves this character, can be passive or merely ministerial, against his own judgment and conscience. Whenever therefore a Governor for the time being, adjourns, prorogues or dissolves the general assembly, having the full power and authority delegated to him of judging from time to time of the Necessity of it, we ought to presume that he exercises that power with freedom: That he determines according to the light of his own understanding, and not anothers: That he clearly sees that it will answer those purposes which he himself judges to be best; having, as a man of fidelity in his station ought, thoro'ly revolv'd the matter in his own mind: And, that however flattering the concurrent sentiments of any other man may be, he would have been impelled to do it, from the dictates of his own judgment, resulting from his own contemplation of the matter, if he had not received the "express command of his superior." Such a man "will bravely act his mind, and venture—Death."
VINDEX.
1B. P. Poore, The Federal and State Constitutions, 1878, vol. i., p. 949. vol. ii.—i.
ARTICLE SIGNED "DETERMINATUS."
[Boston Gazette, January 8, 1770.]
To the Printers.
The agreement of the Merchants of this distressed and insulted continent, to with hold importations from Great Britain, it seems to be allowed on all sides, has the strongest tendency towards the repeal of the acts of parliament for raising a revenue in America without our consent. It is no wonder then, that it was oppos'd with so much vehemence at first, by the Cabal; who knew full well, that their Places and their Pensions, and all teh delectable profits which they expected to reap, and are now actually reaping, at the expence of the people in town and country, would entirely cease, if these acts, by the means of which their places, pensions and profits arise should be repealed—When they could no longer with any face call it the last efforts of a dying faction, (for the measure was so rational and pacific, that it soon spread far and wide, and was chearfully adopted by all disinterested friends of the country thro'-out the continent) they put on the appearance of the Sons of Liberty; and now their cry is, Where is that Liberty so much boasted of and contended for? We hear them very gravely asking, Have we not a right to carry on our own trade and sell our own goods if we please? who shall hinder us? This is now the language of those who had before seen the ax laid at the very root of all our Rights with apparent complacency,—And pray gentlemen, Have you not a right if you please, to set fire to your own houses, because they are your own, tho' in all probability it will destroy a whole neighbourhood, perhaps a whole city! Where did you learn that in a state or society you had a right to do as you please? And that it was an infringement of that right to restrain you? This is a refinement which I dare say, the true sons of liberty despise. Be pleased to be informed that you are bound to conduct yourselves as the Society with which you are joined, are pleased to have you conduct, or if you please, you may leave it. It is true the will and pleasure of the society is generally declared in its laws: But there may be exceptions, and the present case is without doubt one.—Suppose there was no law of society to restrain you from murdering your own father, what think you? If either of you should please to take it into your head to perpetrate such a villainous act, so abhorrent to the will of the society, would you not be restrained? And is the Liberty of your Country of less importance than the life of your father! But what is most astonishing is, that some two or three persons of very little consequence in themselves, have Dared openly to give out that They Will vend the goods they have imported, tho' they have Solemnly pledg'd Their Faith to the body of merchants, that they should remain in store 'till a general importation should take place! Where then is the honor! where is the shame of these persons, who can look into the faces of those very men with whom they have contracted, & tell them Without Blushing that they are resolved to Violate the contract! Is it avarice? Is it obstinacy, perverseness, pride, or from what root of bitterness does such an unaccountable defection from the laws of honor, honesty, and even humanity spring? Is it the Authority Of An Unnatural Parent—the advice of some false friend, or their own want of common understanding, and the first principles of virtue, by which these unhappy young persons have been induced, or left to resolve upon perpetrating that, at the very tho't of which they should have shudder'd! By this resolution they have already disgrac'd themselves; if they have the Hardiness to put the resolution into practice, who will ever hereafter confide in them? Can they promise themselves the regards of the respectable body of merchants whom they have affronted? or can they even wish for the esteem of their country which they have basely deserted, or worse, which they have attempted to wound in the very heart.—If they imagine they can still weary the patience of an injured country with impunity.—If—I will not utter it—would not the grateful remembrance of unmerited kindness and Generosity, if there was the least spark of ingenuity left, have Influenced to a far different resolution!—If this agreement of the merchants is of that consequence to All America which our brethren in All the other governments, and in Great-Britain Itself think it to be—If the fate of Unborn Millions is suspended upon it, verily it behooves, not the merchants Only, but every individual of Every class in City and Country to aid and support them and Peremptorily To Insist upon its being Strictly adhered to.