I have upon this occasion looked into the Charter of the province in which the COMPACT between the King and the people is contain'd, and I find not a single word about the King's paying his Governor. If therefore the Charter is altogether silent about it, Mucius is certainly to be justified in saying that by the compact the King may not pay him; that is, there is nothing in the Charter to warrant it. But it is asked, whether the King may not pay his Governor notwithstanding? And ought it not to be looked upon as a mark of royal bounty and goodness, thus to save the people from being "burdened by a tax upon their polls and estates for a Governor's support?" This is the Court language; and great pains have been taken by some gentlemen, whose particular business it is to ride through the several counties, to spread it in every part of the province. But it has a tendency to mislead and ensnare. It no doubt sounds very agreeably in the ears of an unwary man, that by this ministerial manoeuvre, the province have a saving of a thousand pounds sterling every year, for the support of a Governor. Let us consider the matter a little. Did not our ancestors, when they accepted this Charter, understand that they had contracted for a free government? And did not the King on his part intend that it should be so? Was it not understood, that by this contract every power of government was to be under a check adequate to the importance of it, without which, according to the best reasoners on government, and the experience of mankind in all ages of the world, that power must be a tyranny? Undoubtedly it was the sense of both parties in the contract, that the government to be erected by the Charter, should be a free government, and that every power of it should be properly controuled in order to constitute it so. I would then ask, what weight remains in the scale of the democratick part of the constitution to check the monarchick in the hands of the governor, if the king has not only an uncontroulable power to nominate and appoint a governor, but may pay him too? If any one will point out to me a sufficient weight to balance the scale, I will differ from Mucius: But until that is done, I must be of his mind, that the king has no right to pay his governor: "For that, he must stipulate with the people;" otherwise our civil constitution is rendered materially different from what the contracting parties intended it should be, viz, a free constitution. It places the governor in such a state of independency as must make any man formidable. - It puts it in his power in many instances to act the tyrant, even under the appearance of all the forms of the constitution. The man who is possessed of a power to act the tyrant when he thinks proper, let him become possessed of it as he may, is at least an USURPER of power that cannot belong to him in any free state - Power is intoxicating: There have been few men, if any, who when possessed of an unrestrained power, have not made a very bad use of it - They have generally exercised such a power to the terror both of the good and the evil, and of the good more than the evil - While a governor is possessed of a power without any other check than that which the constitution has provided, upon a supposition that the king by charter may pay him as well as appoint him, for aught I can see, under such an administration as the present, I mean in England, he may make the people slaves as soon as he pleases and keep them so as long as he pleases. I have heard it asked, What! may not the king make a present to his governor of fifteen hundred sterling every year, if he sees fit? Is not his MAJESTY allowed to be upon a footing with even a private subject? This reasoning is very plausible, but I think not just. In some respects the king is more restrained than the lowest of his subjects. He may not for instance, turn a Roman Catholic, or marry one of that religion and hold his crown: He forfeits it by law if he does. And why? Because it has been found that the Roman Catholic principles are inconsistent with the principles of the British constitution, which is the rule of his government. And there is the same reason why the governor who is appointed by the crown, should stipulate with the people for his support, if that mutual check among the several powers of government, which is essential to every free constitution, is otherwise destroyed. - If the king's paying or making yearly presents to his governor, renders him a different being in the state from that which the Charter intends he shall be, and that to the prejudice of the people, the king by the compact may not pay him, for in such a case, it would be inconsistent with the principles of our constitution - No king can have a right to put it in the power of his governor to become a tyrant, or govern arbitrarily; for he cannot be a tyrant or govern arbitrarily himself.
I beg leave to make a supposition; If his Holiness the Pope, for the sake of once more having a Catholic King seated on the British throne, should make him a present yearly of eight hundred thousand pounds sterling, for the support of himself and his household, it would be a great saving indeed to the nation; but would the people, think you, consent to it because of that saving? Should we not hear the faithful Commons objecting to it as an innovation big with danger to the rights and liberties of the nation? I believe it would be in vain to flatter them that their constituents would be eas'd of a burden of a tax upon their polls and estates, by means which would render their king thus independent of them, and place him in a state of absolute dependance, for his support, upon another, who had especially for a long course of years, tried every art and machination to overthrow their constitution in church and state - Would not the people justly think there would be danger that such a king thus dependent on the pope, and oblig'd by him, would be as subservient to the admonitions of his Holiness, or his Legate in his name, as a certain provincial governor, we know, has been to the instructions of a minister of state, upon the bare prospect of his being made independent of the people for his support.
COTTON MATHER.
1 Attributed to Adams in the Dorr file of the Gazette.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, December 2, 1771.]
Messieurs EDES & GILL,
No methods are yet left untried by the writers on the side of the ministry, to perswade this People that the best way to get rid of our Grievances is to submit to them. This was the artifice of Governor Bernard, and it is urg'd with as much zeal as ever, under the administration of Governor Hutchinson. They would fain have us endure the loss of as many of our Rights and Liberties as an abandon'd ministry shall see fit to wrest from us, without the least murmur: But when they find, that they cannot silence our complaints, & sooth us into security they then tell us, that "much may be done for the publick interest by way of humble & dutiful representation, pointing out the hardships of certain measures" - This is the language of Chronus in the last Massachusetts Gazette. But have we not already petition'd the King for the Redress of our Grievances and the Restoration of our Liberties? - have not the House of Representatives done it in the most dutiful terms imaginable? - Was it not many months before that Petition was suffer'd to reach the royal hand? - And after it was laid before his Majesty, was he not advis'd by his ministers to measures still more grevious and severe? Have any lenient measures been the consequence of our humble representations of "the hardship of certain measures," which were set forth by the house of assembly in the most decent and respectful letters to persons of high rank in the administration of government at home? Did not the deputies of most of the towns and districts in this province met in Convention in the year 1768, when Bernard had in a very extraordinary manner dissolv'd the General Assembly? - Did they not, I say, in the most humble terms, petition the Throne for the Redress of the intolerable grievances we then labor'd under? - Has not the Town of Boston most submissively represented "the hardship of certain measures" to their most gracious Sovereign, and petition'd for Right and Relief? - Was not petitioning and humbly supplicating, the method constantly propos'd by those very persons whom Chronus after the manner of his brethren, stiles "pretended patriots ", and constantly adopted till it was apparent that our petitions and representations were treated with neglect and contempt? - Till we found that even our petitioning was looked upon as factious, and the effects of it were the heaping Grievance upon Grievance? - Have not the people of this province, after all their humble supplications, been falsly charg'd with being "in a state of disobedience to all law and government?" And in consequence of petitioning, has not the capital been filled with soldiers to quiet their murmurs with the bayonet; & to murder, assassinate & plunder with impunity? -Have we not borne for these seven years past such indignity as no free people ever suffer'd before, and with no other tokens of resentment on our part, than pointing out our hardships, and appealing to the common sense of mankind, after we had in vain petition'd our most gracious Sovereign? - And now we are even insulted by those who have bro't on us all these difficulties, for uttering our just complaints in a publick Newspaper! Pointing out the hardships of our sufferings, and calling upon the impartial world to judge between us and our oppressors, and protesting before God and man against innovations big with ruin to the public Liberty, is call'd by this writer, "a stubborn opposition to public authority," and "a high hand opposition and repugnancy to government" For God's sake, what are we to expect from petitioning? Have we any prospect in the way of humble and dutiful representation? Let us advert to the nation of which this writer says we are a part. Are not they suffering the same grievances, under the same administration? Have not they repeatedly petitioned and remonstrated to the throne, and "pointed out the hardships of certain measures," to the King himself? And has not his Majesty been advised by his ministers, to treat them as imaginary grievances only? And yet after all, against repeated facts, and common experience to the contrary, we are told, that "much might be done for the public interest, by way of hunible and dutiful representation!" If there were even now, any hopes that the King would hear us, while his present counsellors are near him, I should be by all means for petitioning again; but every man of common observation will judge for himself of the prospect.
I am not of this writers opinion that the claims of our sister colonies, New-Hampshire and Rhode-Island, were so very reasonable, when disputes arose about the dividing lines; nor do I believe any of his disinterested readers will think his bare ipse dixit, however peremptory, a sufficient evidence of it. - It seems in the estimation of Chronus and his few confederates, all are "intemperate patriots ", who will not yield the public rights to every demand, however unjust it may appear. - Thus a whole General Assembly is branded by this writer, with the character of "wrong-headed politicians ", for not surrendering a part of the territory of this province to New-Hampshire and Rhode-Island, because they demanded it. It is no uncommon thing for those who are resolved to carry a favorite point, when they cannot reason with their opponents, to rail at them. -I shall not take upon me at present to say, whether the claims of those governments were right or wrong; but if the governor of the province, & a majority of the two houses, whom Chronus does not scruple to call "pretended patriots ", then judged them to be wrong, their conduct in contending for the interest of the province, affords sufficient evidence, that they were real patriots. These instances are bro't by Chronus to show the wisdom "of scorning the influence, and rejecting the rash and injudicious clamour of pretended patriots, and wrong-headed politicians," in the present assembly; who by their "indecent treatment of his Majesty's governor, are pressing him to comply with measures contrary to his instructions": But if his Majesty's governor's instructions are repugnant to the Rights and Liberties of his Majesty's subjects of this province, and those who are elected by the people to be the guardians of their rights and liberties, are really of that mind; especially if they also think that such instructions are design'd to have the force of laws; is it reasonable or decent for Chronus, tho' he may think differently, to call them mere pretended patriots, which conveys the idea of false-hearted men, for protesting against such instructions, as dangerous innovations, threatning the "very being of government", as constituted by the Charter? Chronus and his brethren would do well to consider, that "a high handed opposition and repugnance, ('tis a wonder he did not in the style of his friend Bernard, call it 'oppugnation') to government ", is as dangerous when level'd at the representative body of the people, as at "his Majesty's Governor": An attack upon the constitution especially in that silent manner in which it has of late been attacked, is more dangerous than either. - He says that those "wretched politicians ", "have made the Governor's subsistence to depend upon his compliance with measures contrary to his instructions." If this had been true, it would have been treating the Governor in a manner in which the British parliaments, when free, have treated their sovereign: No supplies till grievances are redressed, has been the language of those "wrong headed politicians ", the British house of commons in former, and better times, than these - If the commons of this province have at any time withheld their grant for the support of a governor, till he should comply with measures contrary to his instructions, they looking upon those instructions, as they have been, in fact, repugnant to the very spirit of the charter, and subversive of the liberty of their constituents, who can blame them? They are in my opinion highly to be commended, for making use of a power vested in them, or rather reserv'd by the constitution, & originally intended to check the wanton career of imperious governors - A power, in the due exercise of which, even KINGS, their masters, have sometimes been brought to their senses, when they had any. But Chronus cannot show an instance of this conduct in the house of representatives for many years past, I dare say. It must therefore be a mistake in him to suppose that this conduct of "our intemperate patriots", has "occasion'd his Majesty to render him more independent, by taking the payment of his governor upon himself." I make no doubt but some other motive occasion'd the minister to advise an independent governor in this province, which will in all probability take place in every colony throughout America. - The motive is too obvious to need mentioning - If Chronus will make it appear that a governor's being made independent of the people, is not repugnant to the principles of the charter of this province, or any free government, he will do more than I at present think he or any other can - Till this is done, it is in vain to flatter a sensible people with the prospect of enjoying "peace, happiness or any other blessing they have reason to desire," and right to expect from good government, while the measure is persisted in.