THE LIBRARY* 1789 
 
 Class.-EL.-ftA-L 
 Book j-iV5 uk»~ 
 
 aP0 1—1123 
 

 DUKE 
 
 UNIVERSITY 
 
 LIBRARY 
 
 treasure %oom 
 

 
A M E R I C A's 
 APPEAL 
 
 T O 
 
 The Impartial WORLD, 
 
 Wherein the RIGHTS of the AMERICANS, a* 
 MEN, BRITISH SUBJECTS, and as COLO- 
 NISTS •, theEfuity of the Demand, and of the Man- 
 ner in which it is made upon them by Great-Britain, 
 are ftated and confidered. And, 
 
 ThzOppofttion made by the Colonies to Acts of Parlia- 
 ment, their reibrting to ARMS in their neceffary 
 DEFENCE, againft the Military Armaments, 
 employed to enforce them, vindicated. 
 
 Wo ! to thee that fpoileji <wben thou <waft not fpciUd ; and dealefi ttca- 
 cheroujly, and they dsa.it not treacheroufy with thee, &c. 
 
 Ifaiah xxxiii. 
 
 Mj bowels, my bowels ! I am pained at my hearty fny heart maketb & 
 noife in me ; / cannot bold my peace becaufe thou bajl heard, Ob my 
 J%ul ! the found of the trumpet and the alarm of war, 
 
 jcr. iv. 
 
 And they anftwered the King, the man that confumed us and dsvifed a- 
 gainft us, that ive Jhould be dejfroyed from remaining in any of the 
 coajls of Ifrael, let, is'c, 2 Sam. xxi. 
 
 HARTFORD: 
 
 Printed by Ebenizer Watsoh, 17 J $ 
 
A 572 A 
 
 A M E R I C A'$ 
 
 APPEAL 
 
 TO T H * 
 
 IMPARTIAL WORLD. 
 
 MMM*M^T a time when wc arc called up. 
 XXKWK)j£ on to furrender our liberties, our re- 
 MX ^ ^H iigion, and country j or defend them 
 
 \ Xw^ wSS ac the P oint ef the f worc ^ ^g^inft thofe, 
 gSSSSS that were our friends, our brethren, 
 ; lX»x^ and allies, (whofe fwords, and our5, till 
 -* lately were never drawn but for mutual defence •, and in 
 \ pint battalions, cemented in love, affinity, and valour, 
 - have wrought wonders, vanquished armies, and tri- 
 umphed over the power of mighty potentates) no- 
 rthing will infpire our councils with unanimity, our 
 i refolves with firmnefs, and render the exertions, the 
 L noble druggies of a brave, free and injured people, 
 >bold, rapid and irrefiftable, like a right understanding 
 ^ of the neceflity and rectitude of the defence, we are 
 compelled to make, in this unnatural contention. 
 
 To 
 
[ 4 ] 
 
 To write upon a fubjecT:,that hath been fo often and 
 ably handkd— a fubjefl fo important in its nature, fo 
 ejtenfive in its confequences, in which the fate of 
 America, the rights and liberties of millions, nay- 
 more^ of mankind, arc involved •, and to trace thofe 
 rights to their native original fource, develope the 
 fountain from whence derived •, define their nature 
 end immutability, and fhew wherefore the arbitrary 
 inftitutions of civil government (originally ordained 
 to connect the ftrength of each, for the fecurity of 
 all) cannot deftroy or alter them, requires a fund of 
 abilities far beyond mine ; yet, to attempt k, may 
 ferve to awaken and ftimulate fome mafterly pen, to 
 execute a talk fo arduous, and beneficial to the world. 
 And mould thefe imperfect confiderations, on a fub- 
 je6c fo important, call forth the prolific fire of fome 
 great intuitive genius, to lighten upon the iubjec~t,on 
 which I have only glimmered, and like 3. fkilful phy- 
 fician, comprehending the difeafe and the remedy, 
 point out the one, and prefcribe the other, or fome 
 mighty deliverer, while' others lop here and there a 
 Scattered branch, with unerring aim, to give a blow 
 at the root, my end would be anfwered, my pains com- 
 penfated, and my country refcued from the darknefs 
 that invelops, and from the mifery and flavery that 
 impend it. With thefe views, the following pages 
 are humbly dedicated to the candour and patronage, 
 of the impartial world; to whom, (under God) we 
 make our appeal, with fervent defires, that He, who 
 hath the hearts of King's in his hands fufp'ends the 
 fate of empires on his nod, and whom, even angry, 
 conflicting elements mftandy obey, would hum the 
 rAvil tumults, ftill and difpel the thundering tem- 
 pefl^ that darkens and -difqutetsourhemifphere. 
 
 * I SHALL 
 
[ 5 ] 
 
 I shall confider the fubjeclt under the following 
 divifions. 
 
 I. The natural rights of the Americans, consider- 
 ed as men. 
 
 II. The rights of Americans antecedent to any 
 charters, or colony conflitutions under the crown. 
 
 III. Their rights fublequent to fuch charters, or 
 colony conftitutions. 
 
 IV. The equity of the demand made on the colo- 
 nies, and of the manner in which it is made. 
 
 Free agency, or a rational cxiftence,with its powers 
 and faculties, and freedom of enjoying and exercifing 
 them, is the gift of God to man. The right of the do- 
 nor, and the authenticity of the donation, are both in- 
 contestable ; hence man hath an abfolute property in, 
 and right of dominion over himfelf, his powers and fa- 
 culties ; with felf-love to ilimulate,and reafon toguide 
 Jiim,in the free ufe and exercife of them, independent 
 of, and uncontrolable by any but him, who created and 
 gave them. And whatever is acquired by the ufe, and 
 -application of a man's faculties, is equally the proper- 
 ty of that man, as the faculties by which the acquisi- 
 tions are made •, and that which is abfolutely the pro- 
 perty of a man, he cannot be dive (led of, but by his own 
 voluntary act, or conlent, either expreffed, or implied. 
 •Expreflcd,by actual gift, die, or exchange, by himfelf, 
 or his lawful kibftkute:— -implied, as where a man en- 
 ters into, and takes the benefits of a government, he 
 implicitly contents to be fubject to it's laws; 
 ifo, when he tranfgrefTes the laws, there is an im- 
 plied confent to iubmit to it's penalties. --And from 
 this principle, all the civil* exoufiai, or rightful au- 
 thorities, 
 
 * Exouiia, in the 01 ^ u.;il, which is translated power, figniiie* 
 3. rightful authority or moral power, and iiandi oppefed todu»a~ 
 -jri'is, a natural povvsror might. 
 
t 6 | 
 
 thorkies, that arc ordained of God, and exift in the 
 world, are derived as from their native fource. From 
 whence are authorities, dominions and powers ? from 
 Godjthefovereign ruler,as the fouma\n 9 tbrougb tbevotie 
 4ndconfent of the people. For what purpofe are they e- 
 reclcd f for the good of the people. Wherefore the fove* 
 reign ruler, condefcends to cloath, with authority, 
 the man who by the general voice, is exalted, from 
 among the people, to bear rule -, and to pronounce 
 him his mini&er for their good. Hence, it is evident, 
 that man hath the cleared right, by the moft inde- 
 feafible title, to perfonal fecurity, liberty,and private 
 property. And whatever is a man's own, he liath, 
 moft clearly, a right to enjoy and defend ; to repd 
 force by force •, to recover what is injurioufly pillaged 
 or plundered from him, and .tomakereafon able repri- 
 sals for the unjuft yexation.* And, upon this priiv 
 ciple, an offenfive war may fometimes be juflifiable, 
 viz. when it is necellary for prefervation and defence. 
 
 II. I am now to confider the rights of the Ameri- 
 cans, antecedent to any charters or colony conftituti- 
 .ons under the crown. 
 
 When our anceftors left the kingdom of England, 
 ihey were fubjects of that kingdom, and entitled to 
 jrig&aj privileges with the reft of its fubjecls ; when 
 ifcey came into America, where no civil constitutions 
 -weK-exifltng, they joined thermal ves to nonei the 
 lands which they entered and pofTefTed^hey acquired 
 hy purchafe, or by -conquefl of the natives : 
 
 they 
 
 "*" '* 1 have not noticed the authority of parents over children, it 
 sjot bfi'mg to the argument; but remark, that the Creator, fore- 
 £fcuag;tUe.:necrfiitv of civil government, arising froin the 'depra- 
 vity of human nature., hath wifely formed ourinfancy, and child. 
 ihood* feeble and dependent on the protection, and -government 
 of parents, thereby preparing us, in childhood, for dependence 
 en, and fubjeftica to civil government, in manhood. 
 
[ ? 3 
 
 they came over of themfelves, viz. were not coloniet 
 fent out, to make fettlements by government •, hot ta 
 mention the intolerable opprerfions, by which they 
 were driven out, crofTed the Atlantick, and availed 
 themfelves of poffefTions, at their own rifque and ex- 
 pence, and by their own fword and pro We fs. Now*, 
 in America, they were dill fubjects of the kingdom 
 of England, or they were not ♦, if the former, then 
 they were entitled to enjoy, in America, the fame or 
 equal privileges, with thole enjoyed by the fubjecta 
 refiding in England— if the latter, then that kingdom 
 had no right of jurifdiction over them, and they were 
 in a (late of nature, at liberty to erect fuch a confti- 
 tution of civil government as they fhould chufe. 
 Upon the fuppofition that they were frill fubjects of 
 that kingdom, let us confider what rights and pri- 
 vileges they were entitled to enjoy : 
 
 ift. In regard to legiflation. 
 
 2d. Taxation. And, 
 
 3d. The mode of trial. 
 
 By nature, every man (under God) is his own le-» 
 giflator, judge, and avenger, and abiolute lord of his 
 property. In civil government, rightly conftitutcd, 
 every one retains a mare in the legislative, taxative, 
 judicial, and the vindictive powers, by having a voice 
 in thefupreme legiflature, which enacts the laws, and 
 impofes the taxes, and by having a right, in all cafes 
 wherein he is injured,to refort to, and demand redrefs, 
 in a courfe of law, from the tribunal of the public, 
 and the fword of (late. And theEnglifh nation, ear- 
 ly imprefled, with thefe firft great principles of na- 
 tures dictates, erected a fyftem of civil government, 
 correfpondent thereto ; inverted the parliament,, 
 which confifted of all the eftates, that compofed the 
 
 nation, 
 
[ 8 J 
 
 Nation, in epitome, with the fupreme fovereignty or 
 the kingdom •, and in which, each eftate made a part, 
 and had a fhare, either perfonally or by actual repre- 
 fentation, to advife, refolve, confent, or diflent, and 
 in which, the concurrence of all three, viz. the King, 
 Lords and Commons, was necefiary, to every act of 
 legiflation. Thus the Englifh government was con- 
 flituted upon the foundation of rcafon -, and the na- 
 tural rights of the fubjects, inftead of being given up,* 
 or impaired, were confirmed, improved and ftrength- 
 cnedj-llthough the mode of exercifing them was 
 altered: Wherefore it is a maxim intheEnglifh laws^ 
 that to an act of parliament, every man, in judgment 
 of law is party. The Englifh. conflitution, like o- 
 ther imitations of nature, was a fyftem of confummate 
 wifdom, and policy, the balance of power, being (6 
 judicioufly placed, as to connect the force, and to 
 preierve the rights of all ; each eftate, armed with a 
 power of fe If defence, againft the encroachments of 
 the other two, by being enabled to put a negative up- 
 on any or all of their refolves, neither the King, Lords 
 or Commons, could be deprived of their rights or 
 properties but by their own confent in parliament, and 
 no laws could be made, or taxes impofed, but fueh as 
 were neceflary,and in the judgment of the three efta f tes 
 in parliament, for the common good, and intereft of 
 the realm. Moft juftly then did a celebrated French 
 writer, treating of the Englifhj and the excellence of 
 their conflitution, fay, that England could never lofc 
 ks freedom, until parliament -loir its virtue. The 
 Englifh, animated with the Tpirit of freedom, to their 
 immortal honor, anciently claimed thefe privileges, 
 as their unalienable rights,and anxious to preierve and 
 
 tranfmit 
 
C 9 ] 
 
 tranfmit them unimpaired to pofterity ; caufed them 
 to be reduced to writing, and in the mod folemn 
 manner to be recognized, ratified and confirmed, 
 firft by King John, then by his fon Henry the Hid. 
 in the 3d and 37th years of his reign, at Weftminf- 
 ter-Hall, where Magna Charta was read in the pre- 
 fence of the Nobility and Bifhops, with lighted can- 
 dles in their hands ; the King, all the while laying 
 his hand on his bread, at laft, folemnly (wearing 
 faithfully and inviolably to obferve all things therein 
 contained, as he was a man, a chriftian, a folder 
 and a King ; then the Bimops extinguifhed <1i£«can- 
 dies and threw them on the ground, and everyone 
 laid, thus let him be extinguifhed and (link in hell, 
 who violates this charter : Upon which there was u- 
 nivcrfal feftivity and joy, ringing of bells, &c. and 
 again by Edward the ift. in the 25th year of his 
 reign, by the ftatute called Confirmatio Cartarum. Af- 
 terwards by a multitude of corroborating a&s, reck- 
 oned in all, by Lord Cook, to be thirty-two, from 
 Edw. 1 ft. to Hen. 4th. and fi nee, in a great variety 
 of inftances, by the bills of right and a£ts of fettie- 
 ment ; whereby Magna Charta, that great charter of 
 liberties, hath "been eftablifhed as the ftandard of 
 right throughout the realm, and alljudgmenrs con- 
 trary thereto declared void; it was ordered to be read 
 twice a year in all the cathedral churches, and fen- 
 tence of excommunication to be denounced agaffift 
 all, who by word or deed, acted contrary to, or in- 
 fringed it. 
 
 2d. With regard to Taxation. 
 As the rights of private property are facred, and 
 no one can be diverted thereof without his free con~ 
 fen-t : The Englifli cdhftitution, in this alfo religi- 
 
 B oufly- 
 
E » ] 
 
 « 
 
 ^uQy follows the dictates of reafon : No fubjedt of 
 England can be conftrained to pay any aids ortaxes r 
 even for the defence of the realm, or the fupport of 
 government, but fuch as are impofed by his own con- 
 fent, or that of his reprefentative in parliament. By 
 the flat. 25 Edw. lit. c. 5 and 6, it is provided, that 
 the King mall not take any aids or taxes* but by the 
 common afientof the realm : And what that com- 
 mon aiTent is, is more fully explained, by the 34th of 
 Edw. id. flat. 4, c. 1, which enacts, that no talliage 
 or aid fhall be taken, without affcnt of Archbifhops, 
 Bifhops, Earls, Barons, Knights, BurgefTes, and 
 other freemen of the land 5 and by the 14th Edw. 3. 
 flat. 2. it is provided, that the Prelates, Earls, Barons, 
 Commons, and Citizens, BurgefTes and Merchants, 
 fhall not be charged to make any aid, if it be not by 
 the common affcnt of the great men, and Commons 
 in Parliament : And as this fundamental principle 
 had been fharnefully violated by fucceeding Princes, 
 it was made an article in the petition of right, third 
 of King Cha. I. that no man fhall be compelled to 
 yield any gift, loan, or benevolence, tax, or any 
 iuch charge, without common confent, by act of 
 Parliament; and again by the ift of William and 
 Mary, ftat. 2, it is declared, that levying money for, 
 -or to the ufe of the crown, by pretence of preroga- 
 tive,, without grant of parliament, or for longer 
 time, or in other manner, then the fame is or mail 
 be granted, is illegal •, and that the fubjects do claim, 
 demand, and infift upon all and fingular the premis- 
 es, as their antient undoubted rights and liberties, 
 Laftly, thefe rights and liberties were afTerted and 
 confirmed, in the acl: of fettlement which limited the 
 crown, to the illuftrious houfe of his prefent Majef- 
 
[ * 3 
 
 <ty, in the beginning of this eentury. Talliagcfrom 
 the French taille to cut, fignifies a part cut or carw 
 ed out of the whole eftate, and in a law ienfe in- 
 cludes all fubfidies, taxes, impofitions, and duties 
 whatsoever, none of which might be taken without 
 common confent in parliament. Hence, it is the an- 
 tient and unalienable right of the Houfe of Com- 
 mons, to originate all money bills, they being the 
 free donations of the people, and not the exactions 
 of the Prince; upon the principle that civil govern^ 
 ment is conftituted for the good of the people, and 
 not the people for government : And there is no dif- 
 ference in the reafon and nature of the thing, between 
 the King's levying money in England without 
 confent of parliament, and the parliamant's levying 
 money in America without the confent of the Ame- 
 ricans. 
 
 3d. In regard to the Mode gf Trial. 
 
 As it is not the laws merely, that are made, con- 
 ftdered in themfelves, but the conftruclion and {cn(c 
 put upon them, by the judges and triers, that falls 
 upon the fubject and affects him in his perlon and 
 property ; it was 'neceffary that the ccnilitution 
 mould guard the rights of the fubjecl, in the execu- 
 tive as well as the legiflative part of government : 
 And no mode of trial would fo effectually do this, 
 "be fo unexceptionable, by reafon of their equality, 
 and the impartial manner in which they are taken 
 and impanelled ; fo advantageous, on account of 
 their knowledge of the parties, the credibility of the 
 witnefTes, and what weight ought to be given to their 
 teftimony, as that by our peers, a jury of the vici- 
 nity : For very good and wholfome laws may be per* 
 nicioufly executed. Wherefore it is expreflyprovid- 
 
 ed 
 
[ 12 ] 
 
 ed and ordained, in the Great Charter, chap. 29, 
 " That no freeman fhall be taken or diffeifed of his 
 " freehold, or liberties, or free cuftoms, or beout- 
 <c lawed, or exiled, or any otherwife deftroyed-, and 
 4i we will not pafs fentence upon him, nor condemn 
 «< him, but by lawful judgment of his peers -, or by 
 < c the laws of the land." By this no freeman might 
 be molefted in his perfon, liberty or eftate, but ac- 
 cording to the laws of the land, by lawful warrant, 
 granted by lawful authority, expreffmg the caufe for 
 which, the time when, and place where he is to an- 
 fwer or be imprifoned, with the terms of his enlarge- 
 ment ; nor have fentence parTed upon him in any 
 cafe, but by lawful judgment of his peers-, who, in 
 the inftance of giving their verdid, do unanimoufly 
 declare and announce the law, with refped to them- 
 felves, in like circumftances. It is, fays Dr. Black- 
 it one, the moft tranfcendant privilege which " any 
 M fubjed can enjoy or wifh for, that he cannot be 
 " afFeded in his property, his liberty or perfon* but 
 * c by the unanimous confent of twelve of his neigh- 
 " bours and equals : And when a celebrated French 
 *' writer concludes, that becaufe Rome, Sparta, and 
 <c Carthage, loft their liberties, therefore England 
 * c muft in time lo.fe theirs, he fhould have recolled- 
 " ed, that Rome, Sparta, and Carthage were ftran- 
 * c gers to trial by jury ; and that it is a duty whish 
 " every man owes to his country, his friends, his 
 * c pofterity and himfelf, to maintain, to th« utrpoft 
 " of his power, this valuable conftitutiort in all its 
 <c parts, to reftore it to its antient dignity, if at ail 
 *' impaired, or deviated from its firft inftitution, 
 * c &c. and above all, to guard with the moft jca- 
 J5 lous circumfpedion, againft the introdudion of 
 
 M new 
 
[ $a } 
 
 *i new and arbitrary methods of trial, which, under 
 M a variety of plaufible pretences, may in time, im- 
 " perceptably undermine this bell prefcrvative of 
 " Englifh liberties." Englifh fubjects, therefore, 
 could be bound by no laws, be liable to no taxes, but 
 What were made and impoled by their own confenc ; 
 nor have any fentence pafTed upon them but by the 
 judgment of their equals. Glorious conftitution ! 
 worthy to be engraved in capitals of gold, on pillars 
 of marble ^ to be perpetuated through all time, a 
 barrier, to circumfcribe and bound the reftlefs ambi- 
 tion ofafpiring monarchs, and the palladium of civil 
 liberty ; efpecially, when in addition to thefe, we 
 confider the Habeas Corpus act, pafTed in 3 1 Car. 
 II. that ferond Magna Charta and ffo£le, bulwark of 
 the fubjtcts liberties, which provides a remedy for 
 the immediate relief of fuch as are unjuftly impri- 
 foned, under colour of law. And enacts, that no 
 fubject of this our realm, who is an inhabitant of 
 England, Wales, or Berwick, (hall be fent a prifo- 
 ner to Scotland, Ireland, Jerfcy, Guernfey, or places 
 beyond the feas, and all fuch imprifonments are de- 
 clared illegal, the party caufing them difabled to 
 bear any office, ,incurs the penalty of a premunire, 
 becomes incapable of the King's pardon, and alfo is 
 to anfwer damages to the party aggrieved. " Of 
 " great importance, fays the above cited author, to 
 •f the public, is the prefervation of perlbnal liberty, 
 " for if once it was left in the power of any, the 
 " higheft magiftrate, to imprifon arbitrarily, whom- 
 " foever he or his officers thought proper (as in 
 " France is daily practifed by the crown) there 
 " would foon be an end to all other rights and im- 
 " mu-nities," How confiftent with thefcprinciples, the 
 
 prefent 
 
[ I* J 
 
 prcfent mode of adminiflring government is, the im- 
 partial world may judge,by the late revenue and other 
 acts of parliament, relative to America, directing its 
 inhabitants to be imprifoned, and tranfported beyond 
 iea for trial ; erecting courts of admiralty, and other 
 arbitrary tribunals, to decide in matters molt inte- 
 refting, without the intervention of a jury. 
 
 Thefe privileges, important and ineftimable as they 
 are, everyfubjec"t of the realm ofEngland hath right to 
 porTefs and enjoy. And the Americans, antecedent to 
 their charters, &c. if they were ftill fubjects of that 
 realm, had right to have and enjoy in America. 
 Now, if it was irnpoftible for the Americans, in 
 their fituation, to enjoy the rights and privileges 
 of the Englifh government, it follows, that they 
 were not amenable to its power, nor taxable for its 
 Hippo rt •, nam qui fentit onus^ fenfire debet commodum^ 
 he that bears the burden ought to enjoy the blefling, 
 and viceverfa. Can any thing be more abfurd, than 
 that a man fhould be tied to a government, bound to 
 yield fubje&ion, and contribute fupport, wherever 
 he is, on the face of the earth, without having any 
 part or voice in its adminiftratioo, or power to enjoy 
 its immunities. And that it was impoffible 
 for the Americans to enjoy the privileges of the 
 Englifh government, is evident, there being no pro- 
 vifion in the conftitution for fummoning mem-' 
 bers to parliament from the American world -, and 
 if there was, the local diftance, the rifk and un- 
 certainty of croffing the atlantic, the difparity be- 
 tween the two countries, in refpect of fituation, 
 numbers, age, abilities and other circumftances, 
 would render any reprefentation of America in the 
 parliament of England, utterly impracticable and 
 
 vain 
 
[ *5 3 
 
 vain. So that our anceftors, in America, were link- 
 able to exereife and enjoy that capital right of all 
 Englifh fubjects, viz. the having a voice in the 
 fupreme legiflature, without which, as the caufa 
 fme qua non, the parliament of England could not 
 bind them in any refpect. Hence the right of fub- 
 jectfliip, on the part of the Americans, and of 
 jurifdiction over them by parliament, became dor- 
 mant, ineffectual rights, incapable of being exer- 
 cifed ; for the whole ground of the parliament's 
 right to bind the Americans, confifted in their being 
 fubjects v and for that very reafon, if they were fub- 
 jects, the parliament could have no right to bind 
 them, or exereife jurifdiction over them, without 
 their confent. 
 
 I will now enquire, whether the Americans, an- 
 tecedent to their charters, &c. are to he confidered 
 as being fubjects of the kingdom of England, or 
 not. 
 
 From what hath been already faid, it is evident, 
 that they either were not fubjects of that kingdom, 
 or as though they they were not : But this will be 
 further illuftrated, by confidering, in what fubject- 
 fhip confifts : Compleat fubjectfhip * confifts in be- 
 ing under allegiance to the King, inhabiting territories 
 within the kingdom,, in. having, or at leaft in being 
 capable of having a voice in the fupreme legiflature, 
 and enjoying, or in being able to enjoy the benefits 
 and immunities of the government. 
 
 Allegiance, from ligo y to bind, is the bond that 
 connects the fubjects with their fovereign, and their 
 fovereign with them : Hence the King is called thei£ 
 
 ^ . 1"# 
 
 * By this is meant oae that is a iubjeit of the kingdom as. well 
 as of the King. 
 
C 16 1 
 
 liege Lord, and they his liege fubjects ; becaufe he 
 is bound to protect and they to obey. And there 
 are three kinds of allegiance, natural, acquired, and 
 local, every one born within the realm, is by birth, 
 inheritable to the laws, intitled to the immunities of 
 the government, and to the protection ofthe'King; 
 wherefore his aMegianee, like St. Pauls, is ^natural : 
 Every alien friend that comes into the . realm, who 
 by the King's letters patent is made a denizen, or 
 by act of parliament is naturalized, hath an acquired 
 .allegiance \ every alien friend that comes into the 
 realm to refide for a time, oweth a local temporary 
 allegiance, during his refidencc there. And the ob- 
 ligation to obedience in all thefe cafes, arifes from the 
 reafon and fitnefs of things, and is comprehensively 
 expreffed in this mort law maxim, proteftio trtihii-fub- 
 jeMionem^ & fubjeftio prcteftionem^ protection mutual- 
 ly entitles to fubject ion, and fubjection to protecti- 
 on. Hence it follows (as mankind by joining to fo- 
 •ciety do not mean, nor doth allegiance intend to con- 
 'fine them perpetually to dwell in one country) that 
 when a perfon, under a natural, acquired, or local 
 "allegiance removes out of the realm to fome diftant 
 climate, goes out of the protection of the 'King, . and 
 lofes all benefit of the -laws and government of the 
 kingdom - 9 his allegiance, which is mutual or not at 
 all, ceafeth, for cejfante caufa ceffet efftfius^ the caufe 
 or reafon ceafing, which in this cafe is proteetipn and 
 the benefits of government, the effect, viz. the obli- 
 gation of obedience alfo ceafeth. There is alfo what is 
 * called a legal allegiance, €x prcvificne legis, that is by 
 pofitive inftitution, as the oath of allegiance taken 
 "by the fubjects, wherein they fwear to bear all true 
 and faithful allegiance to the King •, which is a coun- 
 ter 
 
[ i7 ] 
 
 ttt part to the King's coronation oath, whereby hfi 
 fwears to protect his fubjects in all their juft rights, 
 to abjure popery, and maintain the proteftant religi- 
 on, to govern the kingdom and adminifter juftice 
 according to the laws of the realm. Both which are 
 only confirmations of the mutual obligations rcfulting 
 from the relation, that fubfifts between them as King 
 and fubjec~ts,and do attend upon and follow it, in its ex- 
 tent and duration. I am not infenfible that it is a 
 doctrine of antiquity, patronized by many, that na- 
 tural allegiance is univerfal and perpetual ; cannot 
 be loft or forfeited, but by the commifTion of crimes, 
 &c. but notwithftanding, I beg leave to fuggeft a 
 few confederations on this point. The place of a 
 man's birth, in refpeft to himfelf, is a matter of ac- 
 cident and neceflity, and not of choice-, and is amanfo 
 bound by accident and neceflity, as to the place of 
 his birth, that when he arrives to the age of difcreti- 
 on, he cannot remove into another kingdom and 
 country, and become the fubjecl of another prince ? 
 Doth not the obligation of iubjection and obedience 
 to parents, ceafe with our childhood and ftate of de- 
 pendance, although that of refpect and reverence e- 
 ver remains ? Should the King of "Great-Britain vo- 
 luntarily refign his crown, or abdicate the govern- 
 ment, remove and refide in Italy, or enter into reli- 
 gion, whereby he would be civilly dead, would he, 
 notwithftanding, be King, dejure & defafto, and would 
 the fubj efts be under obligation of allegiance to him, 
 as their liege Lord ? incapable of placing another on 
 the throne, without incurring the crime of treafon, 
 or being involved in the dilemma of owing fubjection 
 to two rightful fovereigns, at one time ? If fo, then 
 he that is once King, can never be riivefted of royal 
 
 C authority, 
 
[ i8 ] 
 
 authority, the -principles of the revolution are 
 falfe ; and no new fubjects can ever be acquired, 
 for ali are born under allegiance to fome prince or 
 Hate j where, upon thefe principles, they muft ever 
 remain, fixed as fate •, and acquired allegiance, byacl: 
 of parliament in England, is all a farce. 
 
 But be this as it may, yet mould a number of 
 the fubjecls of Great-Britain, under a natural alle- 
 giance to the King, by his licence remove voluntari- 
 ly, or by accident be carried to fome diftanr, unci- 
 vilized, or uninhabited country, where they mould 
 find it convenient and beneficial to fettle-, would they 
 be incapable of ere&ing civil government, and mak- 
 ing laws, for the well ordering of their affairs, inde- 
 pendent of the King and kingdom ? If fo, they would 
 jbe of all men moll miferable, and their boafted fub- 
 jectfhip would be their greateft calamity, becaufe 
 they have the rights of Britifh fubjects, they are ren- 
 dered incapable of enjoying the rights of men. Up- 
 on this contracted principle, no new countries could 
 be peopled, or new empires founded; but all things 
 muft remain as they were. And is the world and its 
 empires fo fixed and concluded by an unalterable 
 fate ? Are men, who were created in the image of 
 their maker, to contemplate the heavens and foar a- 
 bove the fbars, whofe iirft great law was to increafe, 
 multiply and replenifh the earth, and by experienc- 
 ing the boundlefs profufion of divine goodnefs, learn 
 to be profufely bounteous and good, to be fo retrain- 
 ed ? Is this becoming the dignity of their rational na- 
 ture, and felted to the felfifh *#focial paflions, im- 
 planted in the human foul ? Whofe motives are our 
 
 own 
 
 * &y ieiiiin iieic i* me*(U virtuous pallions that prompt us t© 
 fofck our own prcfervauon &c. as feif-love, &c. 
 
[ i9 J 
 
 own good and the good of mankind : To attempt to 
 eradicate or alter thefe, by the arbitrary reftraints of 
 civil government, is to impeach the wifdom of the 
 Creator, for not fuiting man's paflions and faculties, 
 to his ftation here, and offering violence to human 
 nature. Let civil government then be fuited to 
 man's nature and paflions, (I mean not the deprav- 
 ed, ungodly defires and cravings of tyranny, which 
 grafps for univcrial defpotic fway ; or of licentiouf- 
 nefs,that is ever impatient of all legal reftraints, how 
 ever reafonable and righteous) for if it is not, there 
 will be a perpetual conflict between the regulations 
 and reftraints of government, and the reafonable de- 
 fires and paflions of the fubje&s. 
 
 It may be laid, that the rcafon why natural alle- 
 giance is perpetual, is not merely on account of our 
 being born, &c. but the protection and fupport of 
 the government, afforded us where born ; this is an 
 obligation of debt. Much, moft undoubtedly, we 
 owe to our parents and to the government that fup- 
 ported and protected our infantile ftate : But is it 
 true, that becaufe we were once dependant, we 
 muft ever be fo ? Becaufe we were once obliged, we 
 can never be difengaged from the obligation ? If it 
 is, then all mankind are infolvenfcs, fervants of fer- 
 vants, the curfe of Canaan is the portion of all : And 
 every alien born is utterly incapable of ever becom- 
 ing a fubject of the kingdom of Great-Britain. 
 
 But to return, allegiance is due to the King in his 
 natural and political capacity ; and doth not necefla- 
 rily fuperinduce an obligation of obedience to the 
 power of parliament -, for a perfon may be a fubjedt 
 of the King of England and not of the realm - r be 
 under allegiance to the King, yet owe no obedience 
 
 to 
 
[ 20 ] 
 
 to parliament:-, as was the cafe of Scotland, upon the 
 acceflion of King James the ift. to the throne of Eng- 
 land, before the act of union; and as the cafe is at 
 prefent with Hanover ; and as was the cafe of Nor- 
 mandy, when William the Conqueror wore the crown 
 of England. 
 
 The rights of a fubje£t may be fufpended for a 
 time, with refpect to the. enjoyment and exercife of 
 them, by fome tempprary impediment, which when 
 remored they revive : But when the obftacle that 
 fufpends and impedes the exercife and enjoyment of 
 them, is univerial, permanent and perpetual, it is an 
 extinguifhment of thofe rights. Thus much I thought 
 neceffary to obferve, before I gave a relation of the 
 caufe and manner of our anceftors firft coming and 
 fettling in America. 
 
 North-America was firft difcovered by Sebaftian 
 Cabot, in the reign of Henry the 7th, A. D. 1498, 
 and was at that time, inhabited by the Indian natives, 
 who lived principally by hunting: In A. D. 1606 
 King James, by letters patent, erected two compa-, 
 nies called the Virginia Companies, with power to 
 make fettlements in America. Though none were 
 made in New-England by virtue of that authority. 
 About the clofe cf the fixteenth century, feveral at- 
 tempts were made for fettling Virginia, before any- 
 proved fuccefsful : The three firft companies that 
 came all perifhed, by hunger, difeafes or Indian 
 cruelty : The fourth was reduced to almoft the 
 fame fituation, when Lord Delaware came to their 
 relief. Thus Virginia, being the firft province that 
 was fettled in America, to her honour be it remem- 
 bered, hath likewife been foremoft in maintaining 
 and vindicating the rights of the Americans, 
 
 U 
 
L « 1 
 
 In A. D. i6zo y England, torn with, religious 
 dificntions, the friends of the reformation, persecut- 
 ed with unrelenting cruelty, by the intolerant ipirit 
 that influenced government, were forced to renounce 
 their religion and liberties, or afTert them with their 
 lives. The proteftants, to the number of one hun- 
 dred and fifty, who before hid fled to Holland for 
 fafety, having made a purchafe under the Plymouth 
 Company, and obtained the royal licence, quitted 
 their native country, preferring the enjoyment of 
 their religion and liberty, in a howling defert, to the 
 pomp and pleafures of luxury and fin in England ; 
 crofTed the Atlantic and arrived at Plymouth in A- 
 merica in A. D. 1620, and by their own valour, in- 
 dustry, rifk and expence (under the lmiles of Hea- 
 ven) acquired plantations, fubdued favage enemies, 
 built cities, turned the wildernefs into fruitful fields, 
 and rendered it vocal with the praifes of their Savi- 
 our, and from fmall beginnings, in procefs of time, 
 became great in number, and in extent of territory - y 
 Great numbers, not long after, from religious consi- 
 derations, emigrating from England, came and fet- 
 tled the other colonies in America; for, fays an Eng- 
 lifh hiftorian, "it feems that all the provinces of 
 " North-America were planted from motives of re- 
 " ligion." Thus was gradually unfolded the rudi- 
 ments of a future empire, before in embryo. 
 
 • Upon what principles then, could England have 
 ^urifdiclion over the perfons and properties of thofe 
 brave and free adventurers who fettled the colonies ? 
 Becaufe England was moft powerful ? This would be 
 founding right in might, an argument too abfurd to 
 need refutation, applied to any but the fupreme Be-^ 
 ing ; \vho 5 though almighty, yet can do no wrong. 
 
 Or 
 
[ 22 J 
 
 fer becaufe they were once fubjects of that kingdom ? 
 This, if it proves any thing, proves too much, as 
 hath been mown. Or was it becaufe the country was 
 difcovcred by the King of England? Whatever 
 rights accrue by firil difcovering a vacant country, 
 accrue to the Prince, under whom it is made ; and 
 they are jura corona^ rights of the crown, belonging 
 to the King and not to the kingdom. But America, 
 had loner before been difcovcred and inhabited by nu- 
 merous tribes cf Indians, the original proprietors of 
 the country; fubjects capable of property, and who 
 made a part of the human fpecies, when the Almigh- 
 ty gave the earth to the children of men -, and why 
 black fqualid hair, a tawny complexion, a particular 
 manner of living,- and ignorance of divine revelation, 
 (bould be abfolute difqualifications, to have and hold 
 property, any more than a black fkin, curled head, 
 fiat nofe and bandy legs, mould be the infallible cri- 
 terion of flavery, I cant devife. 
 III. Let us confider the Rights of the AMERICANS 
 
 fubfequent to their Charters and Colony Conjlitutions. 
 
 As there are certain rights of men, which are una- 
 lienable even by themfelves ; and others which they 
 do not mean to alienate, when r they enter into civil 
 fociety. And as power is naturally reftlefs, afpir- 
 ing and infatiable ; it therefore becomes neceflary in 
 all civil communities (either at their firft formation 
 or by degrees) that certain great firft principles be 
 fettled and eftablifhed, determining and bounding 
 the power and prerogative of the ruler, afcertaining 
 and fecuring the rights end liberties of the fubjects, 
 as the foundation (lamina of the government ; which 
 in all civil dates is called the conftitution, on the 
 certainty and permanency of which, the rights of 
 
 both 
 
{ *3 ] 
 
 both the ruler and the fubjects depend ; nor may 
 they be altered or changed by ruler or people, but 
 by the whole collective body, or a major part at 
 leaft, nor may they be touched by the legiflator •, for 
 the moment that alters eflentially the conftitution, it 
 annihilates its own exiftence, its constitutional autho- 
 rity. Not only fo, but on fuppofition the legiflator 
 might alter it ; fuch a ftretch of power would be 
 dangerous beyond conception ; for could the Britifh 
 parliament alter the original principles of the confti- 
 tution, the people might be deprived of their liber- 
 ties and properties, and the parliament become abfo- 
 fute and perpetual ; and for redrefs in fuch cafe, 
 mould it ever happen, they mud refort to their na- 
 tive rights, and. be juftified in making infurreclion. 
 For when the conftitution is violated, they have no 
 other remedy; but for all other wrongs and abuies 
 that may poflibly happen, the conftitution remaining 
 inviolate, the people have a remedy thereby. 
 i The Americans antecedent to their colony confti- 
 tutions, muft be confidered either as the fubjeds of 
 the kingdom of England, or as fubjedts of the King 
 and not of the kingdom, or as fubjecls of neither 5 
 and their territory as belonging either to that king- 
 dom, the King, or to neither. In which of theie 
 lights they mould be confidered, I leave the imparti- 
 al world to judge. Ifthefirft, then the grants and 
 patents from the crown conveyed nothing, nam ex ni- 
 hilo nihil gignitur, for what the King had not he could 
 not grant, and the colonies, befides' their rights .as 
 Englifh fubjects, have acquired an indefeafable title, 
 by prefcription, to the lands they have pofleiled, to 
 the privileges, immunities and exemptions they have 
 enjoyed, and to all the powers of government, rights 
 
 Of 
 
[ 24 . ] 
 
 of jurifdiction, regalities, &c. which they have had 
 and exercifed, beyond which, the memory of man 
 runneth not to xhe contrary. If the fecond, then by 
 the royal grants, patents, &:c. all the powers of go- 
 vernment, rights of jurifdiction, liberties and pri- 
 vileges, with the property of the lands in fee, are 
 parTed from the crown, and veiled in the colonics, ab- 
 solutely and indefeafably, aecording to the tenor of 
 their feveral grants and conftitutions. If the laft, 
 
 •then all thefe rights of jurifdiclion, of property and 
 
 - liberty, were underived and felf-originated. If, there- 
 fore, they were to be considered as Englifh fubjecls, 
 
 , by the conftitution of that kingdom, they had right 
 to enjoy all thefe privileges'; if not as Englifh iub- 
 jecls, then they were theirs without being beholden 
 therefor. In either view, therefore, they were enti- 
 tled to have and enjoy all the rights, liberties and 
 privileges, which, by their feveral conftitutions, were 
 granted and confirmed .to them, antecedent - thereto. 
 
 •And their conititutions are the original compacts, 
 containing the firft great principles, or flamina of 
 
 • their governments ; combining the members, con- 
 i needing and fubcrdinating, them to the King 
 
 as their' iupreme head and liege Lord ; alfo pre- 
 
 • fencing' the forms" of' their feveral governments, 
 •determining and bounding the power of the crpwn 
 over them, within proper limits, and afcertai'nirtg 
 and fecuring their rights, jurifdiclions and liberties -, 
 
 ■ and are not to be compared to the charters of cor- 
 
 • porations in England (although they are to bedeem- 
 . ed facred) which are royal favours- granted to parti- 
 cular corporations, beyond what are enjoyed by the 
 
 ■ iubjeds in common -, if they mould be forfeited and 
 taken away themembes will ft ill retain the great .efifen- 
 
 tial 
 
t h J 
 
 tial rights of Britifh fubjects, and thefe original cbrK- 
 pads were made and entered into by the King, nor. 
 only for himfelf, but expreisly for his heirs and fuc- 
 ' cefTors on the one paAt, and the colonies*- their file- 
 ceffors and aftigns on the other ; whereby the con- 
 nection was formed, riot only between the parties 
 then in being, but between the crown and the colo- 
 nies, through all fucceffions of each -, and thofe com- 
 pacts $re petmarient and perpetual, as unalterable as 
 Magna Charta, or the primary principles of the En- 
 glim conftitution : nor can they be vacated or chang- 
 ed by the king, any more than by the colonies, nor 
 be forfeited by one more than the other ; for they are 
 mutually obligatory on both, and are the ligaments 
 and bonds that connect the colonies with the king of 
 Great-Britain, and the king with them : cut, there- 
 fore, and diflblve them* and the colonies will become 
 immediately difunited from the crowns and the crown 
 from them. Should the original parties to thefe 
 constitutions awake in their tomb;, and come forth 
 (on a controveriy that would awake the dead, could 
 the dead be waked) and with united voice teitify, 
 that this was their original, true intent and meaning, 
 would it not be awfully ftriking and convincing t 
 But we have greater evidence *, we have their origi- 
 nal declaration, made in that day, deliberately re- 
 duced to writing, and folemnly ratified and confirm- 
 ed, which is as follows : " We do, for us, our 
 •' heirs and fucceflbrs, grant to, &c. arid their fuc- 
 " cefTors, by thefe prefents, that thefe our letters pa- 
 " tent; (ball be firm, good, and effectual in the lavv 3 
 " to all intents, constructions and purpofes whatever, 
 " according- to our true intent and meaning; herein 
 *' before declared, as mall be conftrued^ reputed and 
 D 4t adjudge! 
 
[ »« j 
 
 ct adjudged rrroft favourable on the behalf, and for 
 " the bell benefit and behocf of the grantees, &c. 
 " notwithftanding any omifllons therein, or any fta- 
 " tute, act, ordinance, provifton, proclamation or 
 fci reftridhon heretofore made, had, enabled, ordained 
 " or provided, or any other matter, caufe or thing 
 " whatfoever, to the contrary thereof, in any wife 
 " notwithftanding. 9 ' 
 
 And the reafons for erecting thefe conftitutions, are 
 recited in the preamble of fome of them, as fallows,* 
 viz. " Whereas by the feveral navigations, difcove- 
 " ries, and iucceisful plantations of clivers of our lov- 
 ci ing fabjccts of this our realm of England, feveral 
 " lands, iflands, places, colonics and plantations have 
 " been obtained and fettled, &c. and thereby the 
 " trade and commerce there, greatly increafed, &c. 
 "• and that the fame, or the greater! part thereof, was 
 " purchafed and obtained, for great and valuable 
 <c considerations, and fome. other parts thereof gain-- 
 " ed by conquest, with much difficulty, and at the 
 " only endeavours, expence and charge of them and 
 oi their afibciates, and shofe under whom they claim, 
 " iubdued and improved, and . thereby become a 
 * considerable addition of our dominions and intereft 
 66 there. Now, know ye, That in consideration 
 " thereof, and in regard the faid colony is remote 
 " from ether the Englifh plantations in the place 
 to the end the affairs and bufinefs 
 1 from time to time happen, or arife 
 4 < co. i the fame, may be duly ordered and 
 
 LgefL.) we have therefore thought fit, &c." 
 .;OUghtliis portal, majesty itfelf, like the meri- 
 •an, lightens upon the subject, and makes plain 
 and clear a matter, which the wits and difputers of 
 
 a venal 
 
[ *7 3 
 
 41 venal age, would envelope in midnight obfeurity. 
 In confideration that thefc difcoveries, fettlements, 
 &c. were obtained for great and valuable confiderati- 
 ©ns, &x. and at their, viz.' the colonilt's only en- 
 deavours anc^expence of blood and treafure, and in 
 regard that they are remote, fo that they cannot o- 
 therwife enjoy the benefits of civil government, &x. 
 therefore, it is moft reasonable and necefTary, that 
 they ihould have a government of their own. Theie 
 conftitutions are in lbme refpects various in different 
 colonies ; all have their affemblies, or carliaments, 
 confifting of the governor, council, and f he reprefen- 
 tatives of the people •, invefted with the fupreme 
 power of legislation and taxation •, though in fome, 
 their laws are fubjecl: to be negativ'd by the royal 
 dilTenr, within a limited time : in fome, the governor 
 and council are chofen by the people, in others, the 
 council ; and in fome, both governor and council 
 are appointed by the crown. All have their courts 
 of judicature, to take cognizance of all caufes, ariling 
 within their territorial limits, and the power of judg- 
 ing in the lad refort, though this right hath been in- 
 fringed in fundry inflances, by appeals to the king 
 and council. But how a judgment in England can 
 be executed in America, according to the courfe of 
 law, is to me a paradox. 
 
 Further, it is ordained and declared, " That all 
 •? and every of the fubjects of us, our heirs, &c. 
 " which mail go to inhabit in faid colony, and every 
 " of their children that fhall happen to be born 
 " there, or on the fea in going to or returning from 
 " thence, fhall have and enjoy all liberties and ini- 
 4t munities of free and natural fubjecls, within any 
 41 the dominions of us, our heirs or fuccefTors, to all 
 
 " intents^ 
 
£ 2 * ] 
 
 ff intents, con ft ructions and pufpofes whatever, as 
 y if they and every of them were born within the 
 f? realm of England," This doth not bring the A- 
 mericans within the realm of England-, but it proves 
 them to be out of it : For were it not fo, the grant- 
 ing to them and to their children privileges equal to 
 natural fubjects, born within the realm, would have 
 been idle and unnecefTary, being no more than they 
 would have been entitled to without it, after fetling 
 the foundation principles, and enumerating a variety 
 of capital articles in the conftitution of their govern- 
 ments ; to avoid prolixity and all miftake and omif- 
 fions in a recital of their rights and priviledges •, they 
 are in ftiort, fummed up and declared to be fimilar 
 and as ample in every refpect, as thole of the natural 
 born fubjeds of the realm, to which the colonifts are 
 referred, to learn the full extent of their own •, which 
 demonftrates the fimilarity and likenefs that fubfifts 
 between the civil conftitutions of the two countries ; 
 although feveral and diftincf ; and the lands are 
 granted to be holdep, not in capite, or by 
 knight fervice, bur in free and common foccage, 
 as pf the manor of E aft- Greenwich •, paying there- 
 for a certain proportion of the gold and filve-r 
 ore, that fhould from time to time be found, &c. in 
 lieu of all fervices, duties and demands whatlbever. 
 Thus, whether the Americans, antecedent to their 
 conftitutions, were fubjefts of the kingdom of Eng- 
 land or not, they have now the cleared right to enjoy 
 the liberties and privileges of Englifh fubjects : and 
 to hold their lands dilcharged of all duties and de- 
 mands of every kind, except as above. And nothing 
 is plainer, than that the colonifts cannot enjoy fuclr 
 privileges, unleis they have parliaments and aljem- 
 
 r blies 
 
E *9 ] 
 
 biles of their own -, invelled with the fupreme power 
 of legiflation and taxation, in which they may bere- 
 prefented, and for this I have a very great and anti- 
 ent authority, viz. the cafe of the Virginians, de- 
 termined by one of the Kings or England, near a 
 century and a half ago, which, to ule the words of 
 the Englim hiftorian, is as fellows: u The govern- 
 '* merit of this province was not at firft adapted to 
 u the principles of the Englifh conftitution, and to 
 ^ the enjoyment of that liberty, to which a fubjecl: 
 *' of Great-Britain thinks himfelf entitled, in every 
 part of the globe. It was governed by a Gover- 
 nor and Council appointed by the King of Great- 
 " Britain. As the inhabitants increafed, the incon- 
 " veniency of this form became more grievous*, and 
 " a new branch was added to their conftitution, by 
 " which the people, who had formerly no confidera- 
 " tion, were allowed to elect their reprefentatives 
 " from each county, with privileges refembling thofe 
 " of the reprefentatives of the Commons or" Eng- 
 " land ; thus two houfes, the upper and lower houfe 
 " of affernbly were formed •, the upper houfe ap- 
 " pointed by the crown are (liled honourable, and 
 * c anfwer in fome meafure to the houfe of peers in 
 " the Britiih conftitution. The lower houfe is the 
 M guardian of the people's liberties. And thus, with 
 " a Governor reprefenting the King, and an upper 
 " and lower houfe of affernbly, this government 
 " bears a ftriking refemblance to our own." Now, 
 if the parliament hath right to bind the colonifts in 
 any inilance of legislation and taxation, it hath in 
 all: Wherein, then, will confift the fimilarity of the 
 colony conftitutions to that of Great-Britain ? Where- 
 in the power of their aifemblies to guard the rights 
 
 of 
 
 a 
 
E s° 3 
 
 ♦of the people ? In fine, v/here is the boafted Englifli 
 liberties of the fubjecls ? All laid in the duft,and the 
 colonies fubjected to be governed and taxed by the 
 
 . liament, who are, and their conftituents both, in- 
 terefted in augmenting their taxes and burdens. 
 
 Realm fignifles kingdom ; and kingdom figni- 
 
 the country or countries,that are fubject to one fo- 
 yereign prince. And mould a fchool boy be afked, 
 whether America, which is three thonfand miles dii- 
 tant, was within the kingdom of Great-Britain, both 
 being fubject to one prince, he mufl anfwer that it 
 was not ; but that it was within the kingdom of the 
 King of Great-Britain and America. Nor are the 
 following queftions more difficult, viz. whether 
 the Koufe of Commons, who have only a repre- 
 
 :ative authority, have right to bind thofe 
 whom they do not repreient ? Or whether, in virtue 
 of their being the reprefentatives of the people in 
 Great-Britain, they are the reprefentatives of the 
 people in America ? viz. whether the Britons and the 
 Americans, are identically the fame perfons, or whe- 
 ther the Britons are, have, or ought to have, every 
 thing, and the Americans nothing ? If the colonies, 
 when they were firft conftituted, were not fubject to 
 thejurifdiclion of parliament, they are not become 
 ib, by any thing fince : and that they were not is e- 
 vident, not only from the declaration of frbe King in 
 the conftitutions, but by the royal conduct towards 
 j&em from time to time, treating them as though they 
 were not. 
 
 Upon the remonfirance of the Virginians- againft 
 the impofition of duties on their trade, King 
 Charles the fecond iiTued a declaration under his pri- 
 vy feal, dated 19th of April, A.D. 1676, " affirm - 
 
 X 
 
[ p ] 
 
 cc ing, that taxes ought not to be laid upon the pro-- 
 " prietors and inhabitants of the colony, but by the 
 " common confent of the General AfTembly." And 
 when a revenue was wanted for the fupport of civil 
 government in Virginia, in A. D. 1679, an act was 
 framed and fent over to be pafTtrd by their AfTembly, 
 in thefe words, " Enacted by the King's moft excel- 
 " lent Majefty, by and with the confent of the Ge- 
 " neral AfTembly of the colony of Virginia, that a 
 " duty of, &x." which was accordingly pafTed into a 
 law. 
 
 And it was declared by James the flrft and Charles 
 firft, when a bill was propofed in the Houfe of Com- 
 mons, and repeatedly and ftrenuoufly urged, to give 
 liberty to the fubjects of England to fifh on the coaft 
 of America •, " that it was unneceffary, that the co- 
 M lonies were without the realm and juriidiction of 
 " parliament, and that the Brivy Council would 
 •« take orders in matters relating to them." And li- 
 berty of riming in America, is referved in fome of' 
 the charters that were afterwards made -, which mews 
 that without fuch relervation, they would not have 
 had right to fifh on the coaft of the colonies. And 
 upon complaint of piracies, &c. committed off the 
 coaft of Connecticut, King Charles the fecond, in 
 A. D. 1683-4, inftead of caufing an act of Parlia- 
 ment to be made to reftrain and punifh them, writes 
 this letter to the General AfTembly- in Connecticut, 
 which letter, is now extant in the hands of the Se- 
 cretary. " Charles Rex, trufty and well-beloved, 
 *-'• we greet you well: Whereas we are informed of 
 " great diforders and depredations daily committed, 
 " to the prejudice of our allies; contrary to treaties 
 " between us and a good correfpondence that ought 
 
 t» 
 
[ ** j 
 
 u to be maintained between chrifiian princes and 
 " ftates ; and we having already given ftrict order in 
 " our Ifland of Jamaica, againlt fuch illegal pro- 
 44 ceedings, by pacing a law for retraining and pu- 
 41 niming privateers and pirates, &"c. our will and 
 44 pleafure is, that you take care that fuch a law (a 
 44 copy whereof is herewith fent you) be pafTed with- 
 44 in our colony, under your government, which 
 44 you are to certify unto us by the firft opportuni- 
 44 ty, lb we bid you heartily farewell. Given at our 
 44 Court at New-Market, the 8th day of March, 
 44 A. D. 1683-4, in the 36th year of our reign. By 
 44 his Maieity's command. L. Jenkins." And ac^ 
 cordingly the bill was pafTed into a law by the Gene- 
 ral Aflembly 'of Connecticut. Can it be SuppoSed, 
 that this bill would have been fent to Connecticut to 
 be pafTed into a law, if the Parliament had had ju- 
 risdiction thereof ? Further, Great- Britain fending 
 their culprits into banifhment in America, demon- 
 strates, that America is out of the jurisdiction of that 
 kingdom, for baniihment confifts in putting a fubject 
 out of the limits and ju< ifdiction of the government. 
 It is in the memory of every one, that the King fent 
 his requifitions to the colonies to raife men and mo- 
 ney in the laft war, which were readily complied 
 with, by his moil dutiful and loyal Subjects, in the 
 provinces: Wheforewas this, if the Parliament hath 
 fupreme kgiflative and taxative jurisdiction over 
 them ? And to put this matter beyond all doubt, and 
 to fhew that the colonies have right, not only to en- 
 ^oy, but to defend themfdves, and their liberties* a- 
 "o-ainft any and all (the parliament not excepted) that 
 mould be to llupid, or vile, as to invade them j hear 
 the Solemn declaration and warrant ©f their King, in 
 
 frhcir 
 
t 33 3 
 
 their original conftitutions : " And we do for us^ 
 ** our heirs and fuccefibrs, give and grant unto, prci 
 " and their fuccefibrs, by thefe prefents, that it fhall 
 u and may be lawful to and for the chief command- 
 " ers, governors and officers of the laid company for 
 " the time being, who fhall be refident in the parts, 
 " &c. hereafter mentioned, and others inhabiting 
 " there, by their leave, admittance, &x. from time; 
 " to time, and at all times hereafter, for their fpecial 
 " defence and fafety, to aflemble, martial array, and 
 " put in warlike poilure, the inhabitants of the laid 
 " colony, and commifllonate, impower and authorife 
 " fuch perfon or perfons as they ihall think fit to lead 
 " and conduct the faid inhabitants ; and to encoun- 
 " ter, expulfe, repel and refill, by force of arms, as 
 " well by lea as by land •, and alfo to kill, flay and 
 " delboy, by all fitting ways, enterprifes and means 
 " whatfoever, all an*l every fuch perfon or perfons, 
 'fc as fhall at any time hereafter, attempt or enterprife 
 " the deftructioir, invafion, detriment or annoyance 
 " of the faid inhabitants or plantation ; and to ule 
 <c and exercife the law martial, &c. and to take or 
 " furprize, by all ways and means whatloever, all 
 " and every fuch perfon or perfons, with their 
 u mips, armour, ammunition, and other goods of fuch 
 " as fhall in fuch hoilile manner,invade,br attempt the 
 " defeating or the laid plantation, or the hurt o£ the 
 " faid company and inhabitants. 5 * Thus,thie liberties 
 and priviiedges are not only granted a d, 
 
 but a power is exp ven to the c 
 
 fend them to th. t, againft thofe who mould in- 
 
 vade or attempt to them. ; the Ame- 
 
 ricans chargeable with tr.eaTon and rebellion, for yield- 
 ing to the irrefiftable impulies of felf-preferva:ion, 
 
 E ' and 
 
[ 34- J 
 
 and acting under and in purfuance of the royal licence 
 and authority of their king ? It is certain that the 
 colonies, in all their conftitutions, were confidered as 
 being out of the jurifdiction of parliament, from the 
 provifions made in every one, to fupply the want of 
 ilich jurifdiction, by inverting their feveral aflemblies 
 with fupreme power of legiflation ; and that their 
 kings ever confidered and treated them as being fo, 
 until that fatal period when George Grenville, that 
 monfter of miniilers, came into adminiftration *, and 
 that the colonies fo underflood themfelves to be. 
 
 From all which I think we mayinfer,with great clear- 
 nefsand certainty, that he that is king of Great-Britain* 
 is, by the conftitutions of the colonies, alio king of the 
 American colonies, bound to protect and govern them 
 according to their feveral conftitutions, and not to de- 
 ftroy them : and that the parliament hath no jurifdic- 
 tion or power with refpect t© them ; for the parlia- 
 ment confifts of the three eftates, the king, lords and 
 commons, and was conftituted for the government of 
 that realm ; and the king fuftains a three- fold capa- 
 city, as king of Great-Britain, the firft of the three e- 
 ftates in parliament, and as king of the American co- 
 lonies, and according to the maxim of the Englifh laws, 
 0uando duo jura concurrent in una £5? eadem perfona, idem 
 £#, ac Jiejfenfin diverfis -, when feveral rights or capa- 
 cities meet and are veiled in one and the fame perfon, 
 they remain entire, and as diftinct as though they were 
 veiled in different perfons. This right of fovereignty 
 over the Americans, is derived from a different fource 
 from that of Great-Britain, viz. the conftitutions of the 
 colonies, extends to different objects, viz. the colonies, 
 and is exercifable in a different manner, viz. according 
 to their feveral conftitutions. And what the king 
 
 doth 
 
r 35 j 
 
 doth as king ef Great-Britain, or as one of the eftate:: 
 in parliament, he doth not as king of the colonics ; for 
 if lb, then all the judges and officers appointed in the 
 realm of England, would be judges and officers in 
 America -, all the laws and taxes that receive the roy- 
 al afTent in parliament, would immediately be binding 
 upon the Americans, unlefs cxpredy excepted ; con- 
 trary to the united voice of all their princes, politici- 
 ans and lawyers, which is, that even Ireland, which 
 they hold as a conquered country, is not bound by 
 acts of parliament, unlefs fpecially named. The 
 Lords being the noble peers of that realm, let in par- 
 liament in right of their eflates and dignity* their au- 
 thority cannot extend beyond the limits of the king- 
 dom of which they are peers. The Houfe of Com- 
 mons, act by a delegated authority, and can have no 
 greater power than their constituents can give, and 
 their constituents can give no greater than they have; 
 and from whence, in the name of common fenfe, have 
 the people of Great-Britain right of dominion over 
 the perfons, properties and liberties of the good-peo- 
 ple in America ? 
 
 But fome may object, that upon thefe principles, 
 the colonies have an unlimited power of legiflation, 
 &c. within themielves, contrary to an exprefs claufe 
 in their conftitutions, which reftrains them from 
 making laws, &c. contrary to the laws of the realm 
 of England . 
 
 These conftitutions are to be confidered, not on- 
 ly as the ftipulations of the fovereign and the particu- 
 lar colonies with whom they are made, but alfo cf 
 the colonifls among themfelvs - y although they are 
 conceived wholly in the ityle and language of grants 
 from the crown. And the language of the claufe re- 
 ferred 
 
[ ^ ] 
 
 f erred to in the objection, is after this manner, " and 
 if we do further of, &c. give and grant unto thefaid 
 * e Governor and Company, &c. that it fhall and may 
 " be lawful for them, &x. to erect and make all ne- 
 fl cefTary and proper judicatories ; to hear and de- 
 *? cide all matters and caufes, &c. and to make, or- 
 " dain and eftablifli all manner of wholfome and rea- 
 " fonable laws, ftatutes, ordinances, directions and in- 
 ?' frructions, not contrary to the laws of this our 
 " realm of England." 
 
 This reftraint to colony legiflation, cannot be con- 
 fcrued to extend thejurifdiction of parliament ; for if 
 it could, it would be repugnant to the grant, & void ; 
 for parliament might make laws contrary to all the 
 laws the colonies have or could make; in this ienfe, 
 it would be referving a power that would devour and 
 deftroy all the .powers conitituted and granted in the 
 patents, S^c. 
 
 Nor is it to be underftood, that the colonies may 
 not make laws refpecting their own people, which 
 are contrary to laws in England, concerning a fi- 
 milar matter-, for inftance, in England the laws per- 
 mit perfons of certain rank and eftate to play at 
 games •„ in the colonies all perfons without dilVincti- 
 on are prohibited playing at games. By the laws of 
 this our realm, then is not meant, any particular 
 rules and regulations of law ; but the grounds, prin- 
 ciples and fpirit of the laws and conftitution, then 
 exifting in the realm of England, on which the whole 
 fyflem of their laws were founded, by which dictat- 
 ed, and to which they were conformed. As the con- 
 ftitutions of the colonies were founded on the fame 
 principles with that of England, and the colonics 
 entitled to like privileges with the natural fubjects 
 
 of 
 
C 37 ] 
 
 of that realm, and referred to the great charter of 
 Englifh liberties, to learn the full extent and nature 
 of their own: Therefore it is ftipulated and granted, 
 that they may make all reafonable laws, &c. not 
 contrary, to what ? To the genius of the laws and 
 civil conflitution of this our realm of England; for 
 fuch would likewife be contrary to the genius of their 
 own governments. Between which and the Englifh 
 conftitution there is fuch a fimilarity, that you can- 
 not thwart the principles of one, without contra- 
 dicting the fpirit of the other ; and the fword that 
 pierces the Mes of one, penetrates the bowels of the 
 other. This reftriction is limited to the laws or fyf- 
 tem of government then in being in and over that 
 realm: and doth not extend to any civil constitutions 
 that might afterwards be made; nor to any laws made, 
 or that fhould be made there, to extend to the colo- 
 nies, out of that realm ; for this would, as hath been 
 fhewn, be repugnant to the grant ; and further, fuch 
 would not be the laws of that realm, but of the colo- 
 nies. This claufe therefore, inftead of reftraining the 
 colonies under the power of parliament, doth de- 
 monstrate them to be diftinct ftates, without and in- 
 dependent of the jurisdiction of parliament. 
 
 I am not infenfible, that by act of parliament 7 
 and 8 Will. III. cap. 22. it is declared, that all 
 laws, by laws, ufuages and cufloms which fhall be in 
 practice in any of the plantations, repugnant to any 
 law made, or to be made in England relative to the 
 faid plantations, fhall be utterly void and of none ef- 
 fect. Andbyftat. 6 of Geo. III. cap. 12. It is fur- 
 ther declared, that all his Majefties colonies and plan- 
 tations in America, have been, are, and of right 
 ought to be, fubordinate to and dependant on the im- 
 perial 
 
f 3S J 
 
 pcrial crown and parliament of Great-Britain, who 
 have full power and authority to make laws and fta- 
 tutes of fufficient validity, to bind the colonies and 
 people of America, fubjects of the crown of Great- 
 Britain, in all cafes whatfoever,- with a number of o- 
 ther ltatutes of the prefent reign, founded on the 
 fame principles and of the fame fatal tendency. By 
 thefe ftatutes, the Americans are deprived of all au- 
 thority, even to make a by-law ; and of all their li- 
 berties and properties ; by fubjedbing both to the ar- 
 bitrary power and difpofal of parliament, in all cafes 
 whatfoever. Let thefe ftatutes be executed upon the 
 Americans ; and what, in the name of wonder, I afk, 
 what will they have left, that has even the fnadow 
 of power or privilege, natural, civil, or religious ; 
 that they will be able to exercife and enjoy ? But let 
 us examine the ground and authority of thefe acts 
 that found fuch a peal, the knell of American free- 
 dom. 
 
 It is not the parliament's declaring a thing to be 
 fo, that makes it fo, nor their enjoining a thing to be 
 done, that makes it a duty to do it. Should the par- 
 liament, in the plenitude of their power, pafs an act, 
 that the four elements have been, are, and ought to 
 be fubordinate to, and dependant on the juriidiction 
 pf parliament ; and that they have full power, &c. 
 to make laws of fufficient validity to bind them, in 
 all cafes whatfoever. And that there fhould be nei- 
 ther rain nor funfhine, feed time nor harveft, in all 
 the continent of America, for three years and feven 
 months ; would the elements and the heavens be guil- 
 ty of treafon and rebellion, if they purfued their an- 
 tient courier And are not the liberties of men, who 
 are appointed lords of this lower creation, of more 
 
 importance 
 
 Urn- 
 
C 39 3 
 
 importance than thofe of the elements, and are they 
 not equally facred and inviolable ? 
 
 The obligation of obedience to a law, arifes whol* 
 ly from the authority of the makers, over thofe on 
 whom it is enjoined -, fo that if the Americans are na- 
 turally independant of the power of parliament, and 
 by no concefiions and civil constitutions of their own 
 have fubmitted thereto, and put themfelves under it ; 
 no acts of parliament can make them dependant. And 
 if the parliament vhath no right of dominion over the 
 Americans ; it follows that the Americans are under 
 no obligation of obedience to its laws. 
 
 I cannot but remark upon the fingular phraftolo- 
 gy of this declaratory act of parliament, viz. that all 
 his Majefty's colonies (not our colonies) have been, 
 are,and of right ought to be fubordinate to, and depen- 
 dant on the imperial crown and parliament of Great- 
 Britain, who have full power and authority to make 
 laws and (latutes of fufficient validity to bind the co- 
 lonies and people in America, fubjects of the crown 
 of Great-Britain in all cafes whatibever. What flrange 
 circumlocution of law language is ufed to exprefs 
 what they meant to conceal ! What is the amount of 
 this declaratory act ? That the parliament has full 
 power and authority to make laws, &c. to bind the 
 colonies and people of America in all cafes whatibe- 
 ver ? no, but to bind the colonies and people- of A- 
 merica fubjects of the crown of Great-Britain, viz, 
 They have power to bind the fubjects of the crown 
 of Great Britain -in America. Now if the colonies 
 are not fubjects of the crown of Great-Britain, viz, 
 are not fubjects of the King in virtue of his crown of 
 that kingdom, then by their own declaration the par- 
 liament hath no right to bind them. And it is very 
 
 evident 
 
evident from what has been faid> that the King's" 
 right of fovereignty over the colonies is not derived 
 from, or holden in virtue of his crown, as King of 
 Great-Britain ; but from the particular ftipulations 
 entered into with the colonies by their feveral confti- 
 tutions •, otherwife their conflitutions would have 
 been idle and unneceffary. Nor will it help the mat- 
 ter, mould we for argument's fake, yield to them that 
 the colonics were fubjects of the crown of Great- 
 Britain •, then they would be entitled to the privileges 
 of fubjecls, which is an exemption from legiflati- . 
 on or taxation without their voice or confent. So 
 that whether the colonies are or are not fubjecls of 
 the crown of Great-Britain, the act is altogether un- 
 founded. 
 
 But it may be objected to the -colonies claim of 
 exemption from the jurifdiction of parliament 
 on account of their not being reprefented; that 
 there are many perfons of property, and large towns 
 in England who do not vote in the election of repre- 
 fentatives to parliament, yet are bound by its laws, 
 &c. There is no borough, city, town,* or fhire in 
 England, nor any man of competent eftate and a 
 fubject of the kingdom, but what may have a voice 
 in the election of reprefentatives to parliament •, if, 
 therefore, fome do wave a privilege which they might 
 enjoy, their ftupidity ought to be a warning, and not 
 an example for the Americans to imitate : Nor doth 
 it by any means follow, that becaufe fome are bound, 
 who might and will not fend reprefentatives -, that 
 therefore, the parliament hath right to bind all, even 
 thofe who cannot, if they would, b- represented. Be- 
 fides, every member of parliament, though chofen by 
 one particular diftrict, when elected and returned, 
 
 ferves 
 
t 4i 1 
 
 ferves for the whole realm ; and no laws or taxes affi 
 made and impofed on fuch, but what equally affect 
 thofe that make them, and their conftituents; The 
 cafe of the unreprefented Americans is directly the 
 r^verfe ; they cannot be reprefented, and the bur- 
 thens laid on them proportionably alleviate the bur- 
 thens of thofe that impofe them* and their conftituents. 
 Again, it may be objected, that feveral acts of 
 parliament refpecting America, have been acquiefced 
 in, &c. Neither the parliament's making laws, nor 
 the American's acquiefcing therein, can create an au- 
 thority to make them on one hand,nor an obligation to 
 obey them on the other, though they may beconfidered 
 as iome evidence thereof. From the jfirft fettlernent of 
 the colonies, to the conclufion of the laft war, no tax-^ 
 es, or duties have been claimed* or impofed by act o£ 
 parliament in America, for the purpofe of railing a 
 revenue, unlefs the act refpecting the pofi>ofrlce is 
 confidered as fuch. The firft act that was made to 
 extend to America, equally extended to Afia and A- 
 frica^ and was made in the 12 th of Charles II. mere- 
 ly for the regulation of trade; requiring all Englifh 
 goods to be ihipped in Englifh vefTels, and navigated 
 by Englifh mariners. The 25th of the fame reign 
 produced the firft act that impofed duties for any 
 purpofe in America, and the preamble declares it to 
 be for the regulation of trade only-, nor are the avails 
 appropriated to any part of the revenue: Yet this 
 produced an infurrection in Virginia, agents were 
 fent to England on the account y and a declaration 
 obtained from the King under his privy feal, dated 
 April 19th, A. D. 1676 " That taxes ought not to 
 " be laid upon the proprietors and inhabitants of the 
 M colony, but by the common confent of the Gene- 
 
 F !! rai 
 
C 4* ) 
 
 4 ral AfTembly." The other acts that refpeftcd the 
 colonics, except the 7 and 8 of Will. III. antea,- 
 were for the regulation of trade only, until of late-, 
 the duties were never, acquiefced in, were always 
 inurmered at, protefted againft, as being oppreflive 
 and unjtiif, and eluded as far as poflible. And as 
 the trade of the colonies was, of choice, principal- 
 ly with Grest.Britain and 1 the JSritifh Iflands, many 
 of thofe acts did not much affect them in their intereft 
 or inclination. If fuch an acquiefcence may becon- 
 ilrued a fubmiiTion to acls of parliament •, the nonuf- 
 er of fuch power by parliament, for fo long a time,- 
 rnay, with- greater reaion, be conftrued a relinquish- 
 ment thereof. For the non.ufer of a power, by thofe 
 that are able to excrcife fuch. power, is greater evi- 
 dence againft the exifience of it, than the non-refiftence 
 of thoufands is for it, who are incapable of making 
 refiftance. 
 
 But it will be (aid that the poll-office in America 
 was by acl: of parliament and is for the exprefs pur- 
 -fdfe of railing. a revenue. 
 
 The poft-office is a convenient and ufeful Infci- 
 tiltion, and on jthat account, it hath been received 
 and tifed in America, and not on account of the acl: 
 of parliament; and derives all its authority, in A- 
 merica, from its. being received and adopted there : 
 As many of ;the- rules of the Roman civil law, are 
 received -and: .adopted by univerfal confent in Eng- 
 land, and are. obligatory upon the people, not from 
 the authority of the Roman Emperors that ordained 
 them, but from their own acl in receiving and adopt- 
 ing them. Further, the acl of parliament forbids all 
 pcrfons to carry or tranfport any letters, &c. by land 
 ~«r water, on pain of fevere penalties, except &he poft- 
 
 mafter 
 
C 4* 1 
 
 matter or his deputies • And it is v/ell known, that 
 this part of the act was daily violated •, yet no peribri 
 was ever prolecuted : Which mews that the potl-of- 
 free in America was not fuch, as the parliament had 
 enacted ; but fuch as the univerfal content and prac- 
 tice of the people there had made it ; and alio, how lit- 
 tle deference is paid to acts of parliament in Ame- 
 rica. 
 
 • From all the cafes of pretended acquiefcence to 
 acts of parliament, nothing can be inferred favoura- 
 ble to the jurisdiction of parliament, for either it was 
 for the intereft of the Americans to comply with 
 them, or it was not ; if the former, then they com- 
 plied, not from a principle of obedience to them •, 
 but from motives of intereft: and inclination •,. if the 
 latter, then they demonstrate ths incompetency of par- 
 liament to make laws for the Americans; who thro* 
 rgnorance,or fonle other principle, hath enjoined what 
 fs prejudicial. And no wife conftitution would veil 
 a power in any body of men, who, from their fitu ac- 
 tion and circumftances, are and mult be, necefiarily 
 incompetent for the proper exercife of it. 
 
 • It may be objected, that all theie charters and co- 
 lony conftitutions were made by and with the King, 
 in his political capacity, as the fupreme head of the 
 kingdom ; and that whatever he doth as fuch, is in 
 virtue of authority derived from the kingdom ; and 
 for the ufe and benefit thereof, and not with and for 
 the King only. 
 
 These conftitutions, are either the compacts of 
 both the king arid kingdom of Great-Britain with the 
 colonies ; entered into by the King for himfelf, and 
 in behalf of hfc kingdom, or they are the compacts 
 «f the King only. 
 
 If 
 
[ u ]. 
 
 If the former, then the kingdom of Great-Britain, 
 us well as the King, is a party to them, bound and 
 concluded by them* and can have no greater authori- 
 ty over the colonics, than is therein exprefsly ftipu- 
 lated, and in no other manner than is therein provid- 
 ed. For if the kingdom will take the benefit of the 
 King's ads, it muft in thofe refpects, be likewife 
 bound by them. And there is not the leaft colour of 
 legiflative authority in the colony conftitutions, fli- 
 pulated or referved to the parliament, over the per- 
 sons or properties of the Americans, except in one or 
 two inftances, which are altogether lingular, and as 
 abfurd as lingular, but full and compleat power of 
 legiflation is veiled in the General AiTemblies of 
 the feveral colonies— fubject only in fome, to the 
 royal diffent within a limited time ; and to have 
 the colony AfTemblies, fubject at the fame time to 
 the legiflative power of Parliament, would be confti- 
 tutirg an imperium in imperio y one fupreme power 
 within another, the height of political abfurdity, 
 
 But if thefe conftitutions, are the compacts of the 
 
 King, only with the colonies, then the kingdom and 
 
 parliament of Great-Britain have no power over them, 
 
 rnore than they and their AiTemblies have over the 
 
 kingdom and parliament, for they are diftinct filler 
 
 Hates, neither having any power or authority over the 
 
 other. And that thefe conftitutions, were entered into 
 
 and granted by the King for himfelf only, is evident, 
 
 in that, no mention is made in them of the parliament, 
 
 except as above, and in them the refervation is void, 
 
 : "ft Magna Charta: Or ot their being made 
 
 • behalf of himfelf a^i kingdom 5 and 
 
 ' te King is capabSg of doing ; for 
 
 ':.! in his natural ca^ acity as a man, 
 
 is 
 
£ 45 J 
 
 is fubject to all the frailties of human nature, hath 
 fenfations of pleafure and pain, which are his own, 
 and may make contracts and be bound by them, al- 
 though in his political capacity he is by way of emi- 
 nence ftiled perfect, &c. 
 
 In his political capacity he alfo hath certain prero- 
 gatives, royal rights and intereffo, which are his own, 
 and not the kingdom's ; and thefc he may alienate by 
 gift or fale, &c. 
 
 Should France offer the King of Great-Britain the 
 crown of that kingdom, and he accept it • could not 
 France be fubject to the King, without being fubject 
 to the kingdom of Great-Britain, and fubordinate to 
 the power of parliament ? Upon thefe principles, 
 mould the King of England be elected Emperor of 
 Germany, the Britifli parliament, would legiflate for 
 the whole Germanic body. And the cafe would not be 
 otherwife, with a people in a ftate of nature, that 
 fliould make choice of the King of Great-Britain for 
 their King, and he accept thereof, they would not 
 thereby, elect the kingdom for their matters nor be 
 fubjected to its parliament. Thus, whether thefe con- 
 ftitutions are confidered as the compacts of the King 
 and kingdom of Great- Britain, or only of the King, 
 the colonies are clearly out of the reach of the jurif- 
 diction of parliament,— and it is evident that, they 
 were originally intended fo to be, and all the advan- 
 tages expected from them by Great-Britain, were 
 their trade, which has far exceeded their molt fan- 
 guine expectations. For thefe con dilutions were not 
 entered into and granted by the King in virtue of his 
 being the King of Great- Britain > y the King of France 
 orPruflia might have done the fame ; or any indivi- 
 dual, the Americans fhould have elected for their 
 
 King. 
 
[ 46 J 
 
 King. ( The force and authority of thefe conftituti- 
 6ns, is not. derived from any antecedent right in i ! 
 crowa of Great-Britain to grant them y but from the 
 mutual agreements "and ftipulatioris contained in them, 
 between the crovyn of Great-Britain and the colonies'. 
 
 Further, it is objected, that the Settlement of the 
 crown is by aft of parliament; and the colonies do 
 acknowledge him to be their King, on whom the 
 crown is thus fettled, confequently in this they do 
 recognize the power of parliament. 
 
 The colonies do and ever did acknowledge the 
 power of parliament to fettle and determine who hath 
 right, and who. (hall wear the crown of Great-Britain'^ 
 but it is by force of the conftitutions of the colo- 
 nies only, that he, who is thus crowned King of 
 Great- Britain, becomes King of the colonies. One 
 defignates the King of the colonies, and the other 
 makes ■ him fo. 
 
 Lastly it is objected, that in all civil ftates it is 
 necelfary, there mould fome where be lodged a fu- 
 preme power over the whole. 
 
 The truth of this objection will not be contefted ; 
 but its application in the preient argument is t© be 
 confidered. If Great-Britain and America both con- 
 ftitute but one civil ftate, then it is necelfary that 
 there ihould be one fupreme power, lodged either in 
 Great-Britain or America, in fuch manner as is con- 
 fident with the liberties of the fubjefts. But if they 
 are diftinft dates, then it is neceflary, that there 
 ihould be a fupreme power lodged in each. The on- 
 ly thing then to be done is to prove, that Great-Bri- 
 tain and America are diftinft ftates. And this point 
 •hath been already confidered -, To that little new can 
 be faid upon it. Hdwcver it may be obferved, that 
 
.-[ 47 3 
 
 a civil date, is a country or body of people that are 
 connected and united under one and the fame consti- 
 tution' of civil government i by-this the kingdom's 
 and dates in Germany and other parts of Europe are 
 diftinguiflied and known. Now there is' no fuc'h ci- 
 vil conditution exiftmg, as tha*t of Great-Britain and 
 America. 
 
 Great-Britain hath its civil conflitution ; the 
 Colonies have their's 5 and though, the fpirit and prin- 
 ciples ef them are fibular, yet the conftitutions of the 
 .two countries are entirely did met and feveral : The 
 , conditution of Great-Britain is not the conditution of 
 the colonies, nor vice verfa. They are two countries, 
 three thoufand miles didant froni each other, inhabit- 
 . ed by different people, under diflincTh conllitutions 
 of government, with different cuftoms, laws and in- 
 tereds, both having one King. Now, if any can be- 
 lieve that Greatr-Bntain and America are but one ci- 
 vil date, they mull overthrow the doctrine of identi- 
 ty and diverfity, confound all didinctions in nature, 
 and believe that two is one and one is two. Further, 
 they are and mud be didinct dates from the nature ef 
 their fituation, and in order to their enjoying the pri-i 
 vileges of their refpective governments. And the 
 conftitutions of civil government ought to be erected 
 on the foundation of reafon and be conformable to 
 the nature of things ; nor is it difficult to conceive 
 of two didinct countries, independent of each other, 
 ' each having its own civil conllitutions, laws, parlia- 
 ments, courts, commerce and intered, united under 
 one fovereign Prince. And would it be necefTary 
 that there mould be in one of thefe dates, a fupreme 
 power over the perfons and properties of the other ? 
 If it would, then it follows, that it would be nccefla 
 
 r* 
 
t 48 ] 
 
 *y in fuch cafe that the fubjedb of one fhould be flavea 
 to the other, incapable of liberty or property. Are 
 not Hanover and Saxony diftincl: dates, both within 
 the empire, and fubordinate to the imperial crown of 
 Germany ? They are. And is x not this the cafe of 
 Great-Britain and America ? Two diftincl: ftates, or 
 countries under one fovereign Prince, both equally 
 his fubjects and incapable of being (laves ? Each in- 
 verted with plenary powers of government, in their 
 feveral countries ? This is really the fituation of the 
 colonies -, and not to admit of a fyftem ©f civil go- 
 vernment, adapted to their fituation, or to infift on 
 the exercife of fuch powers over them, as are incon- 
 fiftent with, and fubverfive of their natural and confti- 
 tutional rights and liberties, is really pointing the 
 controvcrfy, not merely at the Americans, but at 
 the great former and ruler of the univerfe, for making 
 and fituating them as they are. From all which it 
 follows that the colonies arc diftincl: ftates from that 
 of Great-Britain •, have and ought to have a fupreme 
 power of government lodged in them. 
 
 Thus, the queftion is reduced to a fingle point, ei- 
 ther the parliament hath no fuch power over the per- 
 fons and properties of the Americans as is claimed, or 
 the Americans are all (laves. Slavery confifts in being 
 wholly under the power and controul of another,as to 
 ©ur actions and properties : And he that hath authority 
 to reftrain and controul my conduct in any inftance, 
 without my confent, hath in all. And he that hath 
 right to take one -penny of my property, without my 
 confent, hath rig. ;<ke all. For, deprive us of 
 this barrier of qui :i :> and properties, our own 
 
 #onfent •, and there ne fecurity againft tyran- 
 
 ny and abfolute defpotifi* c. -nd t and total ab- 
 
 jec> 
 
[ 49 ] 
 
 ject, mifer'able (la very on the other. For power Is 
 entire and indivifible», and property is fingle and 
 pointed as an atom. All is our's, and nothing can 
 be taken from us, but by our confent •, or nothing 
 is our's, and all may be taken, without our confent. 
 The right of dominion over the peribns and proper- 
 ties of others, is not natural, but derived % and there 
 are but two fources from 'whence it can be derived •, 
 from the almighty, who is the ablblute- proprietor of 
 all, and from our own free confent. Why then wran- 
 gle we fo long about a quefticft fo fhort and eafy of 
 decifion-j ? Why this mighty din of war, and gar- 
 ments roll'd in blood •, the leas covered with fleets, 
 the land with armies, and the nation rulhing on 
 fwift deflruclion ? Let the parliament (hew their war- 
 rant, the diploma and patent of their power to rule 
 over America, derived from either of the above foun- 
 tains, and we will not contend ; but if they cannot, 
 wherefore do they contend with us ? For even a cul- 
 prit has right to challenge of the executioner, the 
 warrant of his power, or refute fubmjiTion, 
 
 The quellion is not whether the king is to be o- 
 beyed or not-, for the Americans, have ever recognized 
 his authority as their rightful fovereign, and liege 
 lord ; have ever been ready, with their lives and for- 
 tunes, to fupport his crown and government, accord- 
 ing to the constitutions of the nation % and now call 
 upon him as thejr liege lord (whom he is bound to 
 protect) for protection, on pain of their allegiance^ 
 againftthe army, levied by the Britifh parliament, a- 
 gainft his loyal and dutiful fubjects in America. 
 
 Nor 4s thequeftion Whether the Americans would 
 
 be independent or not, unlefs the flate they haveever 
 
 enjoyed hath been fuch ♦, for they ever have acknow- 
 
 G kdged 
 
. [ 5o ] 
 
 ledged themfelves to be fubjedts of the king,fubordi- 
 nate to, and dependent on the crown, but not on the 
 parliament of Great- Britain, unlefs any mould think 
 there is no medium between fubmiflionto parliament, 
 and perfect independance.— But the queftion is, Whe- 
 ther the parliament of Great-Britain hath power over 
 the^erfons and properties of the Americans, to bind 
 the one, and difpofe of the other at their pleafure ? 
 Hear the language of parliament in their ads difpof- 
 ing of the property of the Americans : " We^ your 
 " Majeftfs dutiful fubj eels ^ the Commons of Great- Bri- 
 tc fain, in parliament cffembled, have therefore refohed 
 " to give and grant unto your Majefly^ the fever al rates 
 " and duties hereinafter mentioned^ &c. in America ."--- 
 Here the Commons in England are pluming them- 
 felves on their great liberality to their fovereign, with 
 the property of the Americans, as though it was all 
 their own. If the parliament have no fuch power as 
 is claimed, their invading our rights, and in them the 
 rights of the conftitution, under pretence of autho- 
 rity ; befieging and defolating our lea ports, employ- 
 in & dirty tools, whofe fordid fouls, like vermin* de- 
 light to riot on filth ; to practice every artifice to fe- 
 duce, that they may the eafier deftroy •, with money 
 tempting, with arms terrifying the inhabitants, to in- 
 duce and compel a fervile fubmifiion ; is trea- 
 fon againft the kingdom, of the deepeft die, and 
 blacked complexion : whereby the conftitution, that 
 firm foundation of the nation's peace, and pillar 
 of government that fupports the throne, is fhakeii to 
 its very bafis •, the kingdom rent, and devided a- 
 gainft itfelf -, and thofe fons of thunder that mould be 
 the protectors of its rights, are become its deftroyers. 
 Nor will American freedom fall alone ; Great-Bri- 
 tain's 
 
C 51 ] 
 
 tain's fhakes^ totters, and muft tumble likewife, nor 
 long furvive the catailrophe : And the Americans 
 refilling the meafures, and defending againft the force 
 ufed to accomplifti thefe dreadful events, and precipi- 
 tate the nation into total, irreparable ruin and de- 
 ftrudion, are deeds of the greateft loyalty to their 
 king, and the conftitution that fupports him on the 
 throne, and of fidelity to his government. For fub- 
 jects to levy war againft their king, is treafon, but the 
 king's levying war againft his fubjedts, is a crime of 
 royal magnitude, and wants a name. Should the 
 king of France join with the enemies of his kingdom, 
 and levy war againft his fubjects, would he notwith- 
 ftanding,retain*his royal authority over them, and they 
 be incapable of defence againft fuch an unnatural at- 
 tack, without incurring the crime of treafon and re- 
 bellion ? If fo, wo ! to the inhabitants of kingdoms, 
 for, by reafon of their kings, the earth would be made 
 de lb late. 
 
 Let none be difmayed at the ftrength and power 
 of our oppreffors -, nor at the horrors of war - into 
 which we are compelled, for the neceffary defence of 
 our rights. Can we expect the laurels, without en- 
 tering the lift ? To be crowned without being tried ? 
 The faireft fruits are always moft obnoxious to the 
 birds of prey : Englifh liberties, the boaft and. 
 glory of the nation, the admiration of its friends, and 
 envy of its foes •, were obtained, fword in hand, from 
 king John, by his free and ipirited barons ; and 
 what rivers of blood have been fhed, to maintain and 
 defend them, againft the encroachments of fucceeding 
 kings, to the time of the glorious revolution, is well 
 known to all, acquainted with the Englifh hiftory. 
 Such is the ftatc of the world, that the way to free- 
 dom 
 
r. 5% ] 
 
 dom and glory, is a way of danger and conflict. The 
 road to Canaan was through the defert and the deep ; 
 and the grave is the fubterranean path to celeftial 
 blifs. And let it not be forgotten that thofc of Ifrael 
 whole hearts failed them through fear of being de- 
 ftroyed by their enemies, and difcouraged their bre- 
 thren, were destroyed of their maker. Nor ought 
 any to think, by joining themfelves to the enemies of 
 their country, they mall efcape, however fair the pro- 
 mifes,or great the reward; and though they fhould not 
 meet with their deferts* from the hands of their injur- 
 ed countrymen: for the minifter, wants your afiiftance 
 to deirroy your fellows, only, that yourfelves may be 
 the eafier deftroyed ; and when you have done his 
 drudgery, you will become his prey. ' Divide & im- 
 fefa, divide & diftrus, divide & command, divide and de- 
 /trcy, are maxims of deep policy, fabricated in a very 
 old cabinet. 
 
 IV. I fhall now proceed in the I ail place to consi- 
 der this queftion in another light, viz. the equity of 
 the demand made upon the colonies, and of the man- 
 ner in which it is made. The ill policy of fuch mea- 
 fufes, having in a molt inimitable manner, been con- 
 fidered and expofed by thole illuftrious patriots, the 
 Earl of Chatham, Burke, Barre, the Bifhopof Afaph, 
 5rc. (whofe names and memories no diftance of place 
 or time, will be able to obliterate from the grateful 
 minds of the Americans) with fuch dignity of fenti- 
 rr.cjjt, energy and peripecuity of reafen, fuch recti- 
 tude of intention, uncorruptnefs and candor of 
 difpofition, and with fuch force of elocution, as muft 
 have rendered them irrefiftable, only by the omnipo- 
 tence of parliament. 
 
 Great-Britain can have no demands upon the 
 
 old 
 
[ 53 ] 
 
 old colonies, except for afiiftance afforded them a- 
 gainft their enemies in war, and protection to their 
 trade at Tea ; for the lands were neither acquired or 
 fettled at the expe-nce of the crown. New York, in- 
 deed, was obtained by conqueft from the Dutch, 
 without much rifk or lofs •, and was afterwards in the 
 treaty at Breda, A. D. 1667, confirmed to the Eng- 
 lifh in exchange for Surinam. Nor have thofe colo- 
 nies fmce, been any expence to the crown, either for 
 fupport of their governments, or inhabitants : And 
 the Americans have had no enemies but what were 
 equally the enemies of Great- Britain ; nor been en- 
 gaged in any wars, but what the nation was equally 
 engaged in, except the wars with the Indians -, which 
 they carried on and maintained themfelves. It "will 
 be neceffary to ftate the advantages the Americans 
 have been to Great-Britain, as well as thofe they have 
 derived from thence, by affiftance afforded in the wars, 
 and by comparing, ftrike the ballance. 
 
 From the fir ft fettlement of the colonies, they have 
 been almoft continually engaged in a bloody and ex- 
 penfive, tho* fuccefsful war with the French and Indi- 
 ans, on theirfrontiers, until the reduction of Canada •, 
 whereby their fetdements were extended; and by a ra- 
 pid population, the number of inhabitants have been 
 greatly encreaied ; and the trade to England pro- 
 portionably augmented. In A. D. 1690, Sir William 
 Phips railed an army inNew-England, tookPortRoyai, 
 or Annapolis, in Nova- Scotia, from the French ; and 
 reduced another fettlement of confiderable confe- 
 quence, at the mouth of the river St. John's, on the 
 Bay of Fundy, both which, king William ceded to 
 the French at the peace of Rifwick, A.D. 1697 • and 
 received an equivalent for them. In A.D. 1703, 
 
 the 
 
r 5+ j 
 
 the beginning of Queen Ann's war, Annapolis was 
 retaken, by the New-England people. Afterwards 
 Sir William Fhip.s, with the New-England People, 
 attempted the reduction of Canada, and was obliged 
 to return, not by the arms of the enemy, but by the 
 feverity of the feafon coming en earlier than ufual : 
 However, he built a fort on the mouth of Pemaquid 
 on the.frontiers of the country, which reduced all the 
 Indians, North Weil of Merimac river, under the 
 crown of England. By theie fucceffes, Great-Britain 
 was induced to engage in an expedition againfl Que- 
 bec. In A. D. 1711, Admiral Walker was fent 
 to Bofton, with a fleet, and fome land forces •, New- 
 England furnifhed their quota of troops for the expe- 
 dition •, but by reafon of the great fogs, .and fome 
 miftake of the pilot's, part of the fleet was ftove upon 
 the rocks •, eight hundred of the men loft, and the 
 expedition rendered abortive. Annapolis, and all 
 Nova-Scoria was confirmed to Great-Britain, at the 
 peace of Utrecht, A. D, 1713-, whereby all that 
 country, its valuable fimeries, and trade, were added 
 to the crown of Great-Britain. Not to mention the 
 ineffectual, but coftly expedition, formed by the New- 
 England people againffCanada,inA.D.i740-, and that 
 againil the Iiland of Cuba, at another tirfie. On the 
 16th of June, A.D. 1745, the important fortrefs of 
 Louifbourgh furrendered to Commodore Warren, 
 and Mr. Pepperel ; reduced by a long and peril- 
 ous fiege of forty-nine days (through the fmiles of 
 heaven) by the valour and intrepidity of American 
 troops, affifted by Commodore Warren, with a I'm all 
 fquadron in the harbour -, by which, the command 
 of the Newfoundland fifhery, the gulph of St. Law- 
 rence, the only pafs by fea to Quebec, the capital of 
 
 the 
 
[ 55 ] 
 
 the capital of the French fettlements in America, fell 
 into the hands of the Engliih, and which afterwards 
 purchafed the peace of Europe, and procured to the 
 crown of England, in the peace of Aix Chappelle, 
 fundry important places that had been taken. Thus, 
 the Americans laboured, fought and toiled •, and the 
 Britons reaped the advantage. The noble exertions 
 of the Americans, and the part they took in the lad 
 war ; their laudable emulation to be foremoft, in 
 complying with the requifitions of their icvereign ; 
 their troops contending for Rations of danger, as pofts 
 of diftindbion ; efteeming their lives and their pro- 
 perties, an inconfiderable faenfice, for the glory of 
 their king, and the renown of his arms •, and the lar^e 
 levies of men and money made by them, are frefh in 
 every one's memory. The amazing advantages de- 
 rived from the war in America, to the crown and 
 kingdom of Great-Britain, is alio well known. The 
 whole eaftern and northern country, the New-found- 
 land fifhery, trade, and navigation, a foureeof bound- 
 lefs wealth-, the ifland of Cape-Breton, the extenfive 
 country of Canada and Louifiana, from the arctic 
 pole, to the tropic of Cancer, with their train of 
 fortrefTes, lakes, &c. the peltry and furr trade of that 
 whole country, with the almoft incxhauftable treafures 
 of the Havanna •, a harveft in which the Americans, 
 with the Britons, bore the heat and burthen of the 
 day •, yet the Americans fhared little or none of the 
 fruit, except being delivered from troublefome 
 neighbours, on their frontiers, and fome individuals 
 drawing a mare in the plunder, at the Havanna. And 
 what a mighty acceffion of weight and importance 
 was this, to the crown of Great- Britain, in the fcale 
 of power, among the European ftates and princes ! 
 But why need I dwell upon thefe ? At the condufion 
 
 of 
 
[ 56 } 
 
 of the 1 aft war, juftice fwayed the fceptre •, and a 
 a righteous minifler had the royal ear ; the Americans 
 Were confidered as creditors to the nation •, and thou- 
 fands of pounds were fent over to reimburfe them. 
 But Oh ! the fad reverfe of times, minifters and of 
 meaiures ! 
 
 In the next place, let me enquire, in refpect to the 
 protection afforded our trade at lea. Our trade, from 
 inclination and choice, hath been principally with 
 Great-Britain and the Britifh ifles, and like the trade 
 in all cafes, carried on between an infant country, in 
 want of all kinds of manufactures, and an eld, weal- 
 thy, manufacturing kingdom. Oui's was of neceffi- 
 ty and for confumption -, their's for profit and ad- 
 vantage. They purchafed of us our raw materials, 
 and fold to us their wrought manufactures •, both at 
 their own price, and at their own ports. In this view 
 of the matter, muft it not be fuppofed, that the ad- 
 vantages of this trade to that kingdom, amply paid 
 for its protection •, and their motives to protect it 
 were thier own emolument and profit ? But this will 
 be more fully illuftrated, when we confider,. that the 
 amount of the trade between Great-Britain, and the 
 colonies, at a medium for three years, before it was 
 interrupted by thefe unhappy difputes, is computed 
 at about three millions, three hundred and eighty-five 
 thoufand pounds per annum : From which deduct a 
 certain proportion, for raw materials, that are import- 
 ed into England, which is comparatively inconfider- 
 able*, the remainder is a clear profit and gain to Great- 
 Britain -, and is divided between the public exche- 
 quer^ and private coffers— for the whole coft of the 
 raw materials, the duties on the importation of them, 
 the manufacturer's labour, his living and his family's, 
 his taxes upon his houfe, windows, fait, foap,. candles, 
 
 coal, 
 
[ 57 J 
 
 coal, Sec. Sec. Sec. upon his eatables, his drinkables, 
 and cloathing • thofe of his family, his apprentices a*l 
 journeymen ; and not only fo, but alfo the taxes his 
 fhoemaker, weaver, and raylor paid, when working for 
 him; the merchants profits, the charges of b a itage, 
 truckage, freight, infurance •> and the duties upon the 
 articles themfelves, all go in to make up the price, and 
 are paid by the American coniumer. In this view of the 
 matter, I believe I am within bounds to fuppoie, that the 
 direct trade, (leaving out of the queition the cercuitous 
 trade by way of the Weft-Indies and other parts) neats a 
 profit of three millions coGreat-Britain: And near one hair 
 -of that fum, is made up of taxes and duties, which are 
 paid in hngland ; whereby the public revenue isfo much 
 increafed Sc eventually is actually paid by the Americans. 
 Can any fuppofe, that this is not an ample compen- 
 fation, for all the protection afforded our trade at lea ? 
 What nation in Europe would not rejoice to receive our 
 trade on thefe terms, and give us thoufands for its pur- 
 chafe } But, upon fuppoiition it is not fufficient, and 
 that the colonies are indebted to them ; ought thev not 
 to ftate the account, that the balance might be feen ; 
 and to make a demand of payment ? And not without 
 doing either, thruft their hands into our pockets ; and 
 rend from thence, not only what we owe them, but what 
 they pleafe : Not only what we ought to pay, but our 
 whole property ; nor' that only, but our liberties too. 
 And if afked wherefore this ? the anfwer is, that the 
 nation is indebt, and that we owe them. If we owe 
 them, let them make it appear, and the colonies will 
 pay them; that the nation is in debt, needs no proof ; 
 but for what ? For expence in war, and for charges 
 of government in time of peace ? Could thefe have ac- 
 cumulated—the enormous fum of 145,000000, the na- 
 tional debt in A. D. 1766? Bribery and corruption, 
 luxury and exorbitant penfions multiplied, might. 
 
 H "But 
 
[ 5« 3 
 
 But it is time to clofe thefe enquiries ; and what may 
 we not expect, from what is threatened and already- 
 done, that is in the power of parliament to do ? 
 
 Is not the King of Great- Britain, the vifible head of 
 the chriftian church in England ? and by the Quebec 
 bill, is he not, as amply conltituted the head of the ro- 
 mifh church in Canada ? Have not the Americans, by 
 the conftitution of nature, as men, by the constitution 
 of England, as Englifhmen, and by the constitutions in 
 America, as colonilts ; a right of exemption from all 
 laws, that are made, and taxes that are impofed, with- 
 out their voice and confent ? And from other mode of 
 trial, than by their peers of the vicinity ? 
 
 And by the late acts of parliament, are not taxes and 
 duties impofed, and laws enacted to bind them, not 
 only without, but in which, they neither had nor could 
 have any voice ? And is not the whole government, of 
 that ancient province of the MalTachufetts, demolifhed 
 at a blow, by an engine of tyranny, without being 
 fummoned, heard or tried ? Are not ftrange and unui^ 
 ual methods for imprifonment, tranfportation and trial, 
 introduced ? Arbitrary tribunals erected, to decide in 
 matters mofl interesting, without the intervention of a 
 jury ? In a word, are not all our rights and liberties, na- 
 tural, religious and civil, made a mark for their arrows, 
 and threatened to be laid in the dull ? And to compleat 
 our ruin, are not our harbours blocked up ?■ our coafts 
 lined with fleets ? our country filled with armed troops ? 
 our towns facked ? inhabitants plundered ? friends 
 (laugh tered ? our pleafant places defolated with fire and 
 fword ? all announced rebels ? our eftates declared for- 
 feit •, and our blood eagerly panted for ? When I think 
 of Bolton, that unhappy capital •, what fhe once was, 
 and the miferablc captive Hate, to which me is now re- 
 duced, I am almoft ready to adopt the plaintive drains 
 ©f captive Ifrael concerning her : " By the rivers of Ba~ 
 
 " bvlon 
 
[ 59 ] 
 
 " bylon there we fet down, yea, we wept when we re- 
 " membered Zion - 9 we hanged our harps upon the wil- 
 " lows, in the midit thereof, for there they that carried 
 " us captive and waited us, required of us a fong and 
 " mirth, faying, fing us one of the longs of Zion. How 
 " (hall we fing the Lord's fong in a Itrange land ? if I 
 " forget 'thee Oh Jerufalem ! let my right hand forget 
 " her cunning, if I do not remember thee, let my tongue 
 " cleave to the roof of my mouth •, if I prefer not Je- 
 " rufalem, above my chief joy. Remember O Lord ! 
 M the children of Edom, in the day of Jerufalem, who 
 <e faid rafe it, rafe it, even to the foundation thereof." 
 
 What ihall we fay, is there any force in lacred com- 
 pacts and national conftitutions ? any honour in crowned 
 heads ? any faith to be put in minifters, the nobles and 
 great men of the nation ? In a word, is there any fuch 
 tiling as truth and ]uftice ? Is there not a power above 
 lis ? and that there is all nature declares; the vindicator 
 of right and avenger of wrong. To him therefore we 
 make our lalt appeal 5 and to the impartial world, to 
 judge between Great-Britain and America. 
 
 These unheard of intolerable calamities, fpring not 
 of the duft, come not caulelefs, nor will they end fruit- 
 lefs. They call on the Americans for repentance towards 
 their maker, and vengeance on their adverfaries. And 
 can it be a crime to refill: ? Is it not a duty we owe to 
 our maker, to our country, to ourfelves and to pofteri- 
 ty ? Does not the principle of felf-prefervation, which 
 h implanted by the author of nature in the human breaft, 
 (to operate inftantaneous as the lightning, refiftlefa as 
 the fhatts of war, to ward of impending danger) urge 
 us to the conflict ; add wings to our fttz^ firmnefs and 
 unanimity to our hearts, impenatrability to our battali- 
 ons, and under the influence of ks mighty author, wilt 
 it not render fuccefsful and glorious American arms ? 
 But it may be laid that theAmericans have destroyed the 
 
 tea 
 
[ Co ] 
 
 tea of the Eaft-India company, at Bofton, which wasa vio- 
 lation of private property, & ought to be paid for. That 
 tea was lent on the fame errand that Gageand his troops 
 ,are; to effect by artifice what they are now attempting by 
 iforce. I mention not Thomas Hutchinfon, for his crimes 
 here, and condign punifhment hcreafter,without repent- 
 ancc,muft exceed all conception or defcription . Should the 
 BritimparliamcntcaufecargoesoSwine,impregnated with 
 poifon, to be Sent to America, with orders to have them 
 diSperSed amongft the inhabitants : and their Servants, 
 the miScreants of their power, mould obftinate'ly infift 
 on doing it, the Americans mull . deftroy the wines* 
 which, by their baneful mixture would be juftly ob- 
 noxious to deftruction, or be deftroy ed by their poifcn. 
 My countrymen, we have every thing to fear, from 
 the malignity, power and cunning of our adversaries. 
 Yet, from the juftnefs of our caufe, the greatneSs of 
 our numbers and refources, the unanimity of our heart?, 
 cemented by iritereft and by perils y the bravery, and 
 what's more, the defptratcneis of our Spirits -, who think 
 not life worth Saving, when all that is clear in life is 
 gone, we have reafon to be afraid of nothing. For your 
 animation, hear the advice and lamentation of a French 
 gentleman, Monfieur IVIezeray, over the loft liberties of 
 his country, to an Englifh Subject : u We had once in 
 " France, the Same happinefs and the Same privileges, 
 " which you now have. Outlaws were made by re- 
 " preSentatives of our own choofing * 5 therefore our mo- 
 " ney was not taken from us, bin granted by us. Our 
 44 Kings, were then Subject to the rules of law and rea- 
 ** fon. ' Now alas ! we are miSerable and all is loft 
 <c Think nothing Sir, too dear to maintain thefe preci- 
 cc cious advantages, if ever there Should be occafion ; 
 <c venture your life and eftate, rather than baSely Sub- 
 cc mit to- that abjecft condition: to which you fee us re- 
 " duced." . 
 
 And 
 
[ <?? ] 
 
 And for your encouragement, turn your eyes to the 
 free dates df Holland and Switzerland ; and in them, as 
 in a glafs, fee America drugglig under intolerable op- 
 preffions -, and with an intrepid, unconquerable fpirit, 
 overlooking all danger, burding the bonds, and demo- 
 liming the engines of tyranny, emerging from a fea of 
 calamities, rifing fuperior to every obftacie - y and over- 
 looking in time the power and towering heights of their, 
 haughty oppreffors. 
 
 Since then we are compelled to take up the fword, in 
 the necefTary defence or our country, our liberties and 
 properties, ourfelves and poderity : Let us gird on the 
 harnefs, having our bofoms mailed, with firm defiance 
 of every danger ; and with fixed determined purpofe, to 
 part with our liberty only with our li^es, engage in the 
 confiid: ; arnd nobly play the man for our country, the 
 cities and churches of him that tranfplanted and hitherto 
 fuftained them •, thereby prove the truth of our defcent, 
 and demonftrate to the world, that the free irreprefTable 
 fpirit, that infpiredthe breads and animated the conduct 
 of our brave fore-fathers -, is not degenerated in us, their 
 offspring. With fair pretences, they invite us to fub- 
 mit our necks to their yoke ; but with unheard of cru- 
 elties and opprtffions, they determine us, to prefer death 
 to fubmiflson. Let none be difheartened from a prof- 
 peel: of the expence; though it fliould be to the half, or 
 even the whole of our cftates. Compared with the prize 
 at ftake, our liberty, the liberty of our country, of 
 mankind, and of millions yet unborn, it would be ligh- 
 ter than the dud on the balance: For if we fubmit,adieu 
 for ever ; adieu to property, for liberty will be lod, our 
 only capacity of acquiring and holding property. 
 
 And what fliall I fay, of the officers and foldiers of the 
 Britifh army, who are the appointed miniders of this 
 vengeance on the Americans ? againd whom are they 
 come forth, in hodile array ? Strangers and foes to 
 
 them 
 
[ 62 ] 
 
 "them and their nation ? No, it is againft their brethren, 
 their fellows and companions, of their flefh' and -of their 
 bone-, members of the fame nation; fubjects of the fame 
 King ; and entitled to the fame or equal privileges •, with 
 kindred blood in their veins, and a pulfe beating high 
 for Englifh liberties. And can their hearts be courage- 
 ous, and their hands ftrong, when they level the fhaft, 
 or lift up the fpear againft thofe, with whom of late, fide 
 by fide and moulder to fhoulder, in compacted battali- 
 ons, they fought, bled, and conquered, in defence of 
 the country, ami the liberries, they are now fentto lay 
 wafte and deftroy.'. I appeal to their fenfe of honour, 
 their fentiments of juftice, to their bowels of humanity, 
 thofe tender feelings of fympathy, thefe fecial paflions, 
 that poffcis and warm the human heart, and are the 
 fpring of all facial and public virtues, and let their 
 tongues utter the fentiments of their fouls, and Ameri- 
 ca will be juftified, they being the judges. 
 
 Methinks I hear the King, retired with his hand up- 
 on his breafr, in penfive folliloquy, faying to himfelf, 
 who, and what am I ? A King, that wears the crown, 
 and fways the fcepter of Great-Britain and America •, 
 and though a King, robed in royalty, yet I am a man, 
 my power finite, my body mortal, and myfelf account- ' 
 able to him, who railed me to this dignity, that I might 
 be his minifter for the people's good. But Oh ! what 
 tragic icenes do I behold ? One part of my dominions 
 aiming destruction againft the other, plunging their 
 fwords in the bofoms, and imbruing their hands in the 
 blood of their fellows and brethren. Is it poffible, that 
 Britons fhcuid become the foes and affaflins of Britons, 
 or their defendants ? My throne totters, my loins trem- 
 ble, my kingdom is divided and torn, my heart ready 
 to fail, for the glory of my reign is departing. What 
 can be the caufe of thefe tremenduous convulfions, that 
 threaten the diffoftjtioh of my kingdom ? Do my fub- 
 
 jects 
 
[ 63 ] 
 
 jecls in America, refufe to refign their liberties and Dro- 
 perties, to the difpofal of my iubjects in Great-Britain ? 
 And infill on holding and enjoying them as their unali- 
 enable rights ? Well, what will be the mighty injury 
 to my crown, or to the nation, in its wealth, itrength, 
 or honour, if America mould enjoy its former freedom? 
 "What will be gained by reducing them to Hi b million 
 and flavery ? lifelefs carcafes, a defolated country, mil- 
 lions in wealth, and millions in ftrehgth dafhed at a 
 blow. Mighty acqaifition of lots. Should the attempt 
 be purfued and fail, America will be loft, nay more, 
 me will becomeGreat-Britain's determined enemy. Have 
 not my fubjeets in Great-Britain rights that arte facred 
 and inviolable, and which they would net refrgn but 
 with their lives ? They have. Have not my fubjeds in 
 America rights equally facred, and of which they are 
 and ought to be equally tenacious ? They have. And 
 are not thofe rights, for which they now fo earned ly 
 contend, of that kind ? Certainly there is much in fa- 
 vour of their claim. What if they are miitaken ? Ought 
 they to atone for their miftake by rivers of blood, and 
 the facrifice of themfelves, their country and their pos- 
 terity ? but what, my mind fhudders and recoils at the 
 thought, what, if the Americans are right ? Oh hea- 
 ven forgive ! And all this ghaftly ruin, is owing to the 
 blunder of a minifter, and the fatal errors adopted by 
 parliament. Of whom will theie rivers of blood be re- 
 quired ? What can expiate fqch accumulated wrongs ? 
 and atone for fuch amazing devaluations ? I am forely 
 diftreifed, civil war rages within, foreign enemies threa- 
 ten without, the commerce of my kingdom languiflieth, 
 manufacturers famifh and fail, anS ^contentment is 
 almoft univerfal. What (bail I do for the dignity of 
 my crown, the peace of my d and the iafety of 
 
 the nation ? All is at rifle. I have Been deceived by 
 my informers^ mifguided by my m , and by my 
 
 own 
 
[ 64 ] 
 
 own inattention to the fufferings, and dutiful petitions - 
 of my fubjecls, reduced all to the moft dreadful hazard. 
 For Britim troops ceafe to be glorious, in fo inglorious a 
 caufe. Should their fea-ports, from Georgia to Nova- 
 Scotia, be defolated with fire and fword, it would only 
 confolidate their union, and render more impregnable 
 their refiftance in the interior country. Could we dry 
 up their harbours, and bar every out-let to the fea, un- 
 lefs v/e had power to reflrain the mowers and the mines 
 of heaven •, and the fertility of the earth, they will pof- 
 fefs inexhauftable refources. America muft and will be 
 free, their anceftors acquired it for them, my royal' 
 predeceiTors guaranteed it to them •, it is theirs by. pur- 
 chafe, it is theirs by the plighted faith of Kings ; they 
 are defervingof it -, and with them it flourifheth, like a 
 plant of generous kind, in its native foil, and the hea- 
 vens are propitious to liberty. My legions muft be re- 
 called, the fword muft be fheathed, the olive branch, 
 the fymbol of peace be held out \ for it was never dc- 
 figned that Britons, invinfible by others, mould con- 
 tend with Britons or their defcendants, in battle ; and 
 royal munificence be exerted, to alleviate the diftreffes, 
 confole the miferies, and repair the injuries, caufed by 
 the unhappy error, which let eternal darknefs veil. 
 Oh ! may the future make reparation for the paft, my 
 crown fiourifh in the profperity, liberty, and the happi- 
 nels of all my dominions. Thus will my reign become 
 glorious, my demife tranquil. But alas ! where am I 
 tranfported on the wings of groundlefs fancy ? Repen- 
 tance I fear is too late, for crimes fo enormous j the in- 
 juries are irreparable, and America is irretrievably loft: 
 the thunders I prepared, to lay her breathlefs at my 
 feet, have difcharged her of her allegiance, and driven 
 her forever from my power. 
 
 APPENDIX' 
 
APPENDIX. 
 
 I^HE preceeding pamphlet was wrote fome time 
 part, and not publilhed fooner for want of pa- 
 per : The author hath fubjoined an appendix, contain- 
 ing fome thoughts on government, ' and American in- 
 dependance. 
 
 To confider things rightly, is to confider them truly 
 as they are, w T ith all their relations and attending cir- 
 cumstances; to inveftigate truth, is the highefi atchieve- 
 ment of reaibn ; and to follow nature, the perfection 
 of art. That which is conformable to axioms of im- 
 mutable truth, founded in reafon, and productive of 
 general fecurity and happinefs to mankind, mutt in e- 
 very fenfe, be denominated good. 
 
 Civil fociety,is allowed by all to be the greatert tem- 
 peral bleding; and civil government is abfolutely ne- 
 cerTaryto its fubfiftence; itisa temporary remedy, againtt • 
 the ill effects of general depravity; and becaufe the in- 
 troduction of moral evil has made it nsceffary-, it is not 
 therefore a neceifary evil. 
 
 Liberty confifts in a power of acting under the gui- 
 dance and controul of reaibn : Licentioufnefs in acting 
 under the influence of fenfual paffions, contrary to the 
 dictates of reafon ; whilftwe contend for the former, we 
 ought to bear testimony againtt the latter : And whilft- 
 we point out arguments againfl the errors and abufes of 
 government, we ought cautioufly to diftinguifh between 
 government and its abufes ; to amputate the latter, 
 without injuring the former, and not indifferently charge 
 both; left weraife an army of rebel fpirits more danger- 
 ous and difficult to reduce, than all the legions of Britain. 
 Government originates (under God) from the people, 
 as from its native fource; centers in them, their good 
 is its ultimate object; and operates by fecuring to them, 
 the enjoyment of their natural rights and civil privileges-, 
 and as the mode of doing this, hath no.prefcribed form 
 in nature, or revelation; mankind, at their option, have 
 endeavoured it varioufly^ and thereby given rife to the 
 
 I various 
 
r 66 ] 
 
 various forms of government fubfifling in the world, as 
 monarchy, ariftocracy, democracy, &c. each of thefe 
 have failed in their turns, through want of integrity, or 
 difcernment, or both in the adminiftration, and have 
 been alternately preferred or difcarded by writers, not 
 io much on account of their own excellence or defects* 
 as of thofe who adminiftered them. That form of go- 
 vernment that is adapted to the genius and circum- 
 ftances of the governed, affords them the greateft fecuri- 
 ty, and places the authority of the governing moft out 
 of the reach of the former, to violate and contemn, their 
 corruptions and abufes moft within, to prevent and re- 
 drefs, is the beft. A perfect model of civil government . 
 perfectly adminiftered and obeyed* cannot be expected* 
 but in a ftate of perfection, where it would be perfectly 
 unneceffary. That government in ordinary is the beft 
 that is beft adminiftered. 
 
 Some begin their government with their political ex- 
 iftence , it grows up with them-, the great firft princi- 
 ples thereof, are never altered while they continue a peo- 
 ple, & become fo incorporated with their being, that they 
 have the force of natural, rather than political inftituti- 
 ons. Others, after a century or two have occafion to 
 alter and new model their old governments* or frame 
 new ones : This is ufually attended with much difficul- 
 ty and great danger, requires an extenfive knowledge of 
 the genius* tempers* circumftances, fituation, ancient 
 cuftoms, habits, laws and manners of the people; and 
 great judgment and (kill* to adapt new regulations to 
 old ufuages, fo as to form a happy coalition. The Britifh 
 nation, at the time of forming their great charter (no 
 matter how they became fo) confifted of a King, nobi- 
 lity and commons : To connect the ftrength and wifdom 
 of thefe, for the public weal, without infringing or en- 
 dangering the rights of either, was their great object : 
 And this was done in the conftitution of parliament, fo 
 far as it concerned legiflation and taxation. Its object 
 
 therefore, 
 
[ 6; ] 
 
 therefore, was directly, political and civil liberty. All 
 offices were in the gift of the crown j and the payment 
 of them in the option of the people-, The powers of go- 
 vernment were fo balanced, as to render all, mutual re- 
 ftraints upon, and mutually reftrained by each other. 
 If the people have loft their liberties, fuffered themfelves 
 to be bought and fold, like beads of burden, the fault 
 is theirs and their corrupters,and not the conftitution's, 
 which put in their power to have preferved them. 
 
 Thus, the principles were excellent, altho' the prac- 
 tice hath been moft perverfe. Amongft all the forms of 
 civil government, none can be pronounced abfolutely 
 beft, "and only relatively fo : For that which bed fuits 
 one people would badly fuit another, or the fame, at a 
 different period. 
 
 The ftrength and fpring of every free government, is 
 the virtue of the people •, virtue grows on knowledge, 
 and knowledge on education. -Moft nations have eftab- 
 lifhed a falfhood for their firft principle, viz. that their 
 Kings are perfect •, and the confequence of this, is a fe- 
 cond, that gives them a licence to ferve the devil with 
 impunity, viz. that they can do no wrong : Then follows 
 the moft impious afcriptions of divine qualities and ti- 
 tles to him •, and to compleat the image, the riches of 
 the nation are lavifhed in the magnificence, coftly equi- 
 page and dazzling fplendors of their prince ^ thereby to 
 build power on mow -, and like the formido avium, or 
 fcare crow, derive refpect and obedience only from the 
 pafiion of fear: A multitude of criminal laws, with fe- 
 vere penalties are neceffary to fupport the authority of 
 the rulers, and fecure the obedience ofthe fubjecls •, whilfb 
 the fovereign himfelf, is wholly infecure in the midft of 
 his fubjects, without a life guard. This is inverting 
 the order of nature and of civil government • and leav- 
 ing the neceffary means of rendering mankind wife, vir- 
 tuous and good. Rulers ought to know, and be known 
 to their fubjedts, to be but mens and the punifhment of 
 
 their 
 
[ 6* ] 
 
 •their crimes, to be in proportion to their elevation in 
 power. Half the fum, employed to diffufe general 
 -knowledge ^ by creeling public feminaries, with mat- 
 ters well furnimed to teach children, not only common 
 learning, but to inftrucl: and imprefs on their young and 
 tender minds, the principles of virtue and the rudiments 
 of government, which would grow up with their growth, 
 and derive ftrength from age •, would be more effectual 
 than all the brilliancy of a crown,or tortures of a rack ; 
 this is the only permanent foundation of a free govern- 
 ment -, this is laying the foundation in a conftitution, 
 not without or over, but within the fubjects -, love and 
 not fear will become the fprir.g of their obedience : the 
 ru'fer be diftinguifhed, only by his diftinguifhed virtues, 
 and know no good, feparate from that of his fubjecls •, 
 and his authority be fupported,more by the virtue or the 
 people, than by the terror of his power. The only way 
 to make men sood fubjecls of a rational and free govern- 
 ment, is to make them wife and virtuous •, but fuch a 
 o-overnment as this is utterly incompatible with the idea 
 of flavery, becaufe incompatible with a date of ignorance. 
 Of IN D E P EN D A N C E. 
 
 IT is with ftates as it is with men, they have their in^ 
 fancy, their manhood and their decline: Nature hath 
 its courfe in all, and never works in vain ; when a peo- 
 ple are ripe for any mighty change, means wont be 
 wanting to effect it. i From what providence hath done 
 and is doing ipr us, we muft learn, what is our duty to 
 do -, for we may only follow, where nature leads, and in 
 this is infinite fafety • from fmall, we are become great, 
 from a few, many, from feeble, powerful, from poor, 
 rich ; nature has itored our country with all neceffaries 
 for fubfiftcnce in peace, and for defence in war •, it has 
 united our hearts, our interests and our councils, in the 
 common caufe. 
 
 Independance confifts in being under obligation to 
 acknowledge no fuperior power on earth. The King by 
 
 withdrawing; 
 
'[ % ] 
 
 withdrawing his protection and levying war upon us, 
 has difcharged us of our allegiance, and of all obligati- 
 ons to obedience : For protection and fubjection arc 
 mutual, and cannot fubfift apart : He having violated 
 the compact on his part, we of courfe are releafed from 
 ours ; andon the fame principles, if we owed any obedience 
 to parliament (which we did not) we are wholly dif- 
 charged of it. We are compelled to provide, not only 
 for our own fubfiftence, but for defence againft a pow- 
 erful enemy: Our affections are weaned from Great- 
 Britain, by fimilar means and almoft as miraculeufly as 
 the Ifraelites were from Egypt* Thefe are facts, a fur- 
 prifing concurrence of incidents, equally out of our 
 knowledge to have forefeen, or our power to have pre- 
 vented, point us to fome great event. Providence has 
 furnifhed us with the means •, the King, contrary to his 
 defign, hath difcharged us of our allegiance and forced 
 us from our dependance, and we are become necefTarily 
 independant, inorder to prefervationand fubfiftence, and 
 this without our act or choice. And is it a crime to be, 
 what we cant help but be ? It is not from a rebellious 
 fpirit in the Americans, but unavoidable necefllty, that 
 we are become \o: Like a timorous child that is able to 
 walk but difinclined to attempt it, placed in the middle, 
 of a floor, muft ule his legs or fall ; while the tender 
 parent that placed him there,ftands ready to lave him, if 
 likely to fall, nam qui tranftiilit fuftinet, He that tranf- 
 planted, upholds and fuftains. All Europe,mufr gaze 
 with wonder, approbation and applaufe - 9 Great-Britain 
 join in acquitting us ; while the tyrant minifter (Lord 
 North) in his own bofom reads the ientence of his con- 
 demnation, for condemning us : to be where nature and 
 providence hath placed us, is to be right, and to do 
 what luch a date points out and requires to be done, is 
 duty. In this fituation two objects of the greateft im- 
 portance demand our attention, viz. defence and govern- 
 ment -, thefe we ought diligently to attend to and leave 
 
 the 
 
[ 70 ] 
 
 the event; and let thofe who begun the war, be firft in 
 the propofals of peace •, thofe who have refufed to heat 
 others, when they prayed, pray without being heard. 
 And fince parliament will have our trade, only on 
 terms incompatible with our liberty, permit them to 
 have neither-, welcome ail nations to our ports and to a 
 participation of our trade, and enter into alliance with 
 none; thus, we may enjoy the commerce of all, without 
 being concerned in the quarrels of any. Providence has 
 furmfhed us with refources for defence ; numbers to 
 constitute armies, materials for conftrucling a navy, for 
 makingof powder, ball, cannon, mortars, arms, fee. and 
 all kinds of ordnance and military ilores. Our threatened 
 fituation demands, that we immediately take every pre- 
 caution, and ufe all the means in our power for our pre- 
 fervat:on& defence, and with noble and valiant exertions, 
 withfland and repel the attacks of tyranny. Nature hath 
 placed the ifland of Great-Britain, and the continent of 
 America fo diftant from each other, that it is impoinble 
 for them to be reprefented in one legiflative body: The 
 confequence is, that their diftant fituations are incompa- 
 tible with their being fubjects to one fupreme legifla- 
 ture. Reprefentation is the feet on which a free govern- 
 ment ihfnds, it ought therefore to be equal and full », 
 maim and render partial the former, and it will infalli- 
 bly mutilate the latter. The meafures of government 
 necefTary to be adopted, at prefent, are the fame, either 
 for a temporary or a perpetual expedient. 
 
 The colonies havefo long fubfifted feparate and in- 
 dependant of each other, enjoyed their particular forms 
 of government, laws, cuftoms and manners and particu- 
 lar rules for the regulation and diftribution of property ; 
 that it will, doubtlefs, be thought expedient for each to 
 retain its ahtient form of government, laws, &c. as far 
 as poflible •, to have fupreme legiflative and executive 
 powers of government over allcaufes, matters and things 
 within its territorial limits, and to regulate its own inter- 
 nal 
 
[ 7* 1 
 
 n-1 police Thofe whofe Governors, or other omccrs,are 
 ukenoff by the crown, to have them elected by the 
 freemen, or appointed by their fevcral affembues-, for 
 which purpofe particular conftitutions to be framed, as 
 they mall deft. That a certain number of delegates be 
 annually elected by the freemen in each colony, to form 
 a- general council or congrefs, whole power to extend o- 
 ver all matteis or common and general concernment: 
 Such as making war and peace, fending and receiving 
 ambaffadors, general regulations refpeding trade and 
 maritime affairs-, to decide all matters of controversy 
 between colony and colony, relative to bounds and li- 
 mits &c. &c.ofwhomoneto be chofen presidency and 
 to continue in office until another be chofen and iworn 
 And in matters fo interefting, as that of making war and 
 peace, to be a majority of at lead two thirds, computed 
 by colonies •, and for carrying on a war to have power to 
 levy troops and provide for their fubfiftence, &c. to have 
 an explicit conilitution,afcertaining the number of mem- 
 bers the congrefs mail confift of, and that each colony 
 mall fend; containing regulations for convening, pro* 
 roguing and adjourning-, alio granting, defining, and 
 limiting the powers they are to have,exercii", &c. which 
 conftitution to be laid before the feveral affemblies, and 
 by them acceded to and confirmed. By fome luch me- 
 thod the colonies may retain their independance or each 
 other-, and all their former ufuages, laws, &c. and the 
 wifdom and (Irength of each, be connected in general 
 congrefs, for the Security and defence ot the whole. 
 
 To be reconciled to Great-Britain upon unjuft terms, 
 is to be reconciled to injuftice, ruin and flavery •, until 
 they {hall have condemned the meafures that have beea 
 purfued againft America, recalled their fleets and ar- 
 mies, expofed to the pu lie eye, and condign pumfh- 
 ment, the authors and advifers of the prelent unjuit 
 and cruel war \ and have repaired the damage and ex- 
 pence caufed thereby in America, and given up the 
 claim of power in parliament, to dominion over us, they 
 
 r.nr.nnt 
 
f 7* J 
 
 cannot expect that we will treat with them about f„ 
 ure connecbons. They have endeavourefbv al" the 
 arts of fedu&on, and of power, to deftroy and enfl ve 
 us ; and now they have lent commiffioners, under ire 
 fence oftreatingwth the AmeriranQ A,-™ I P 
 their oftenfiblerbut we have™ To ft",^ " 
 corrupt and deftroy is their real object .For with who£ 
 are they to treat .? With the general C 2f ^ 
 it is ; ftid, with the feveral governors , all of whom ex 
 cep tone or two, live, and breath, and have theirTe'in" 
 n tne minifter, and are mov'd by him Jike the , !' 
 
 tneVVeZn^ V^T ^ ^ -TS 
 tney are hung. They might as well have ftaved a r 
 
 home, and treated with the minifter. But i'ififi™ 
 
 are to treat with the feveral colon.es. But how thS 
 
 SSf> tI a ? n0wkd S e their independent of pat a 
 men ? The fupreme legiflaturc of a country only hath 
 power to treat and be treated with refpecW Z'r A 
 peace. The aft, 6th Geo. III. declar 1st £? h " S 
 ment of Great-Britain hath fttpreme power of leSflaS' 
 turnover the colonies ; and to eftabliffi fuch pC 
 the par hament ,s ,n war with America : The Commif 
 finers therefore cannot, confident with them Ss of 
 power, treat with any but the Britilh parliament By 
 lending Commiffioners to treat with us. they would 
 acknowledge our power to make a treaty s which is ore 
 dicable only of independence. Query then whethe thof 
 Commiffioners are coming to treat tor peace with 
 mighty armament for war ? In fine, thaf government, 
 in which the people are fubjed to no laws, or taxes, bu 
 by their voice or confent; condemned by no fen ence 
 but by the vc-dift of their equals, wher^ property " 
 near equally diftnbuted ; crimes clearly defined and 
 diftinguiihed, & pumftments duly proportioned to their 
 nature and magnitude ; and where the rifing generation 
 are umveriahy inftruded m the prir.ciples of virtue and 
 the rudiments of government ; there civil liberty & gene- 
 ral public feljcit/.will flouriffi in the greateft perfection 
 1? L Jl i " . v 1 . ' 
 
\r-- 
 
 
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 r- 
 


 
 United States 
 
 Department of State 
 
 Library 
 
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