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A SUMMARY VIEW OF THE RIGHTS OF BRITISH
AMERICA
by Thomas Jefferson
Resolved, that it
be an instruction to the said deputies, when assembled in
general congress with the deputies from the other states
of
British America, to propose to the said congress that an
humble and dutiful address be presented to his majesty,
begging leave to lay
before him, as chief magistrate of the British empire,
the united complaints of his majesty's subjects in
America; complaints which are
excited by many unwarrantable encroachments and
usurpations, attempted to be made by the legislature of
one part of the empire, upon
those rights which God and the laws have given equally
and independently to all. To represent to his majesty
that these his states have
often individually made humble application to his
imperial throne to obtain, through its intervention, some
redress of their injured rights,
to none of which was ever even an answer condescended;
humbly to hope that this their joint address, penned in
the language of truth,
and divested of those expressions of servility which
would persuade his majesty that we are asking favours,
and not rights, shall obtain
from his majesty a more respectful acceptance. And this
his majesty will think we have reason to expect when he
reflects that he is no
more than the chief officer of the people, appointed by
the laws, and circumscribed with definite powers, to
assist in working the great
machine of government, erected for their use, and
consequently subject to their superintendance. And in
order that these our rights, as
well as the invasions of them, may be laid more fully
before his majesty, to take a view of them from the
origin and first settlement of
these countries.
To remind him that our ancestors, before their emigration
to America, were the free inhabitants of the British
dominions in Europe, and
possessed a right which nature has given to all men, of
departing from the country in which chance, not choice,
has placed them, of
going in quest of new habitations, and of there
establishing new societies, under such laws and
regulations as to them shall seem most
likely to promote public happiness. That their Saxon
ancestors had, under this universal law, in like manner
left their native wilds and
woods in the north of Europe, had possessed themselves of
the island of Britain, then less charged with
inhabitants, and had established
there that system of laws which has so long been the
glory and protection of that country. Nor was ever any
claim of superiority or
dependence asserted over them by that mother country from
which they had migrated; and were such a claim made, it
is believed that
his majesty's subjects in Great Britain have too firm a
feeling of the rights derived to them from their
ancestors, to bow down the
sovereignty of their state before such visionary
pretensions. And it is thought that no circumstance has
occurred to distinguish materially
the British from the Saxon emigration. America was
conquered, and her settlements made, and firmly
established, at the expence of
individuals, and not of the British public. Their own
blood was spilt in acquiring lands for their settlement,
their own fortunes expended in
making that settlement effectual; for themselves they
fought, for themselves they conquered, and for themselves
alone they have right to
hold. Not a shilling was ever issued from the public
treasures of his majesty, or his ancestors, for their
assistance, till of very late times,
after the colonies had become established on a firm and
permanent footing. That then, indeed, having become
valuable to Great Britain
for her commercial purposes, his parliament was pleased
to lend them assistance against an enemy, who would fain
have drawn to
herself the benefits of their commerce, to the great
aggrandizement of herself, and danger of Great Britain.
Such assistance, and in such
circumstances, they had often before given to Portugal,
and other allied states, with whom they carry on a
commercial intercourse; yet
these states never supposed, that by calling in her aid,
they thereby submitted themselves to her sovereignty. Had
such terms been
proposed, they would have rejected them with disdain, and
trusted for better to the moderation of their enemies, or
to a vigorous exertion
of their own force. We do not, however, mean to
under-rate those aids, which to us were doubtless
valuable, on whatever principles
granted; but we would shew that they cannot give a title
to that authority which the British parliament would
arrogate over us, and that
they may amply be repaid by our giving to the inhabitants
of Great Britain such exclusive privileges in trade as
may be advantageous to
them, and at the same time not too restrictive to
ourselves. That settlements having been thus effected in
the wilds of America, the
emigrants thought proper to adopt that system of laws
under which they had hitherto lived in the mother
country, and to continue their
union with her by submitting themselves to the same
common sovereign, who was thereby made the central link
connecting the several
parts of the empire thus newly multiplied.
But that not long were they permitted, however far they
thought themselves removed from the hand of oppression,
to hold undisturbed
the rights thus acquired, at the hazard of their lives,
and loss of their fortunes. A family of princes was then
on the British throne, whose
treasonable crimes against their people brought on them
afterwards the exertion of those sacred and sovereign
rights of punishment
reserved in the hands of the people for cases of extreme
necessity, and judged by the constitution unsafe to be
delegated to any other
judicature. While every day brought forth some new and
unjustifiable exertion of power over their subjects on
that side the water, it was
not to be expected that those here, much less able at
that time to oppose the designs of despotism, should be
exempted from injury.
Accordingly that country, which had been acquired by the
lives, the labours, and the fortunes, of individual
adventurers, was by these
princes, at several times, parted out and distributed
among the favourites and followers of their fortunes,
and, by an assumed right of the
crown alone, were erected into distinct and independent
governments; a measure which it is believed his majesty's
prudence and
understanding would prevent him from imitating at this
day, as no exercise of such a power, of dividing and
dismembering a country, has
ever occurred in his majesty's realm of England, though
now of very antient standing; nor could it be justified
or acquiesced under there,
or in any other part of his majesty's empire.
That the exercise of a free trade with all parts of the
world, possessed by the American colonists, as of natural
right, and which no law of
their own had taken away or abridged, was next the object
of unjust encroachment. Some of the colonies having
thought proper to
continue the administration of their government in the
name and under the authority of his majesty king Charles
the first, whom,
notwithstanding his late deposition by the commonwealth
of England, they continued in the sovereignty of their
state; the parliament for
the commonwealth took the same in high offence, and
assumed upon themselves the power of prohibiting their
trade with all other parts
of the world, except the island of Great Britain. This
arbitrary act, however, they soon recalled, and by solemn
treaty, entered into on the
12th day of March, 1651, between the said commonwealth by
their commissioners, and the colony of Virginia by their
house of
burgesses, it was expressly stipulated, by the 8th
article of the said treaty, that they should have
"free trade as the people of England do
enjoy to all places and with all nations, according to
the laws of that commonwealth." But that, upon the
restoration of his majesty king
Charles the second, their rights of free commerce fell
once more a victim to arbitrary power; and by several
acts of his reign, as well as
of some of his successors, the trade of the colonies was
laid under such restrictions, as shew what hopes they
might form from the
justice of a British parliament, were its uncontrouled
power admitted over these states. History has informed us
that bodies of men, as
well as individuals, are susceptible of the spirit of
tyranny. A view of these acts of parliament for
regulation, as it has been affectedly
called, of the American trade, if all other evidence were
removed out of the case, would undeniably evince the
truth of this observation.
Besides the duties they impose on our articles of export
and import, they prohibit our going to any markets
northward of Cape Finesterre,
in the kingdom of Spain, for the sale of commodities
which Great Britain will not take from us, and for the
purchase of others, with
which she cannot supply us, and that for no other than
the arbitrary purposes of purchasing for themselves, by a
sacrifice of our rights
and interests, certain privileges in their commerce with
an allied state, who in confidence that their exclusive
trade with America will be
continued, while the principles and power of the British
parliament be the same, have indulged themselves in every
exorbitance which
their avarice could dictate, or our necessities extort;
have raised their commodities, called for in America, to
the double and treble of what
they sold for before such exclusive privileges were given
them, and of what better commodities of the same kind
would cost us
elsewhere, and at the same time give us much less for
what we carry thither than might be had at more
convenient ports. That these acts
prohibit us from carrying in quest of other purchasers
the surplus of our tobaccoes remaining after the
consumption of Great Britain is
supplied; so that we must leave them with the British
merchant for whatever he will please to allow us, to be
by him reshipped to foreign
markets, where he will reap the benefits of making sale
of them for full value. That to heighten still the idea
of parliamentary justice, and
to shew with what moderation they are like to exercise
power, where themselves are to feel no part of its
weight, we take leave to
mention to his majesty certain other acts of British
parliament, by which they would prohibit us from
manufacturing for our own use the
articles we raise on our own lands with our own labour.
By an act passed in the 5th Year of the reign of his late
majesty king George the
second, an American subject is forbidden to make a hat
for himself of the fur which he has taken perhaps on his
own soil; an instance of
despotism to which no parrallel can be produced in the
most arbitrary ages of British history. By one other act,
passed in the 23d year of
the same reign, the iron which we make we are forbidden
to manufacture, and heavy as that article is, and
necessary in every branch of
husbandry, besides commission and insurance, we are to
pay freight for it to Great Britain, and freight for it
back again, for the purpose
of supporting not men, but machines, in the island of
Great Britain. In the same spirit of equal and impartial
legislation is to be viewed the
act of parliament , passed in the 5th year of the same
reign, by which American lands are made subject to the
demands of British
creditors, while their own lands were still continued
unanswerable for their debts; from which one of these
conclusions must necessarily
follow, either that justice is not the same in America as
in Britain, or else that the British parliament pay less
regard to it here than there.
But that we do not point out to his majesty the injustice
of these acts, with intent to rest on that principle the
cause of their nullity; but to
shew that experience confirms the propriety of those
political principles which exempt us from the
jurisdiction of the British parliament.
The true ground on which we declare these acts void is,
that the British parliament has no right to exercise
authority over us.
That these exercises of usurped power have not been
confined to instances alone, in which themselves were
interested, but they have
also intermeddled with the regulation of the internal
affairs of the colonies. The act of the 9th of Anne for
establishing a post office in
America seems to have had little connection with British
convenience, except that of accommodating his majesty's
ministers and
favourites with the sale of a lucrative and easy office.
That thus have we hastened through the reigns which
preceded his majesty's, during which the violations of
our right were less alarming,
because repeated at more distant intervals than that
rapid and bold succession of injuries which is likely to
distinguish the present from all
other periods of American story. Scarcely have our minds
been able to emerge from the astonishment into which one
stroke of
parliamentary thunder has involved us, before another
more heavy, and more alarming, is fallen on us. Single
acts of tyranny may be
ascribed to the accidental opinion of a day; but a series
of oppressions, begun at a distinguished period, and
pursued unalterably through
every change of ministers, too plainly prove a deliberate
and systematical plan of reducing us to slavery.
That the act passed in the 4th year of his majesty's
reign, intitled "An act for granting certain duties
in the British colonies and plantations
in America, &c."
One other act , passed in the 5th year of his reign,
intitled "An act for granting and applying certain
stamp duties and other duties in the
British colonies and plantations in America,
&c."
One other act , passed in the 6th year of his reign,
intituled "An act for the better securing the
dependency of his majesty's dominions in
America upon the crown and parliament of Great
Britain;" and one other act, passed in the 7th year
of his reign, intituled "An act for
granting duties on paper, tea, &c." form that
connected chain of parliamentary usurpation, which has
already been the subject of
frequent applications to his majesty, and the houses of
lords and commons of Great Britain; and no answers having
yet been
condescended to any of these, we shall not trouble his
majesty with a repetition of the matters they contained.
But that one other act , passed in the same 7th year of
the reign, having been a peculiar attempt, must ever
require peculiar mention; it is
intituled "An act for suspending the legislature of
New York." One free and independent legislature
hereby takes upon itself to suspend
the powers of another, free and independent as itself;
thus exhibiting a ph;oenomenon unknown in nature, the
creator and creature of its
own power. Not only the principles of common sense, but
the common feelings of human nature, must be surrendered
up before his
majesty's subjects here can be persuaded to believe that
they hold their political existence at the will of a
British parliament. Shall these
governments be dissolved, their property annihilated, and
their people reduced to a state of nature, at the
imperious breath of a body of
men, whom they never saw, in whom they never confided,
and over whom they have no powers of punishment or
removal, let their
crimes against the American public be ever so great? Can
any one reason be assigned why 160,000 electors in the
island of Great Britain
should give law to four millions in the states of
America, every individual of whom is equal to every
individual of them, in virtue, in
understanding, and in bodily strength? Were this to be
admitted, instead of being a free people, as we have
hitherto supposed, and mean
to continue ourselves, we should suddenly be found the
slaves, not of one, but of 160,000 tyrants, distinguished
too from all others by
this singular circumstance, that they are removed from
the reach of fear, the only restraining motive which may
hold the hand of a
tyrant.
That by "an act to discontinue in such manner and
for such time as are therein mentioned the landing and
discharging, lading or shipping,
of goods, wares, and merchandize, at the town and within
the harbour of Boston, in the province of Massachusetts
Bay, in North
America," which was passed at the last session of
British parliament; a large and populous town, whose
trade was their sole subsistence,
was deprived of that trade, and involved in utter ruin.
Let us for a while suppose the question of right
suspended, in order to examine this
act on principles of justice: An act of parliament had
been passed imposing duties on teas, to be paid in
America, against which act the
Americans had protested as inauthoritative. The East
India company, who till that time had never sent a pound
of tea to America on their
own account, step forth on that occasion the assertors of
parliamentary right, and send hither many ship loads of
that obnoxious
commodity. The masters of their several vessels, however,
on their arrival in America, wisely attended to
admonition, and returned with
their cargoes. In the province of New England alone the
remonstrances of the people were disregarded, and a
compliance, after being
many days waited for, was flatly refused. Whether in this
the master of the vessel was governed by his obstinancy,
or his instructions, let
those who know, say. There are extraordinary situations
which require extraordinary interposition. An exasperated
people, who feel that
they possess power, are not easily restrained within
limits strictly regular. A number of them assembled in
the town of Boston, threw the
tea into the ocean, and dispersed without doing any other
act of violence. If in this they did wrong, they were
known and were amenable
to the laws of the land, against which it could not be
objected that they had ever, in any instance, been
obstructed or diverted from their
regular course in favour of popular offenders. They
should therefore not have been distrusted on this
occasion. But that ill fated colony
had formerly been bold in their enmities against the
house of Stuart, and were now devoted to ruin by that
unseen hand which governs
the momentous affairs of this great empire. On the
partial representations of a few worthless ministerial
dependents, whose constant
office it has been to keep that government embroiled, and
who, by their treacheries, hope to obtain the dignity of
the British knighthood,
without calling for a party accused, without asking a
proof, without attempting a distinction between the
guilty and the innocent, the
whole of that antient and wealthy town is in a moment
reduced from opulence to beggary. Men who had spent their
lives in extending the
British commerce, who had invested in that place the
wealth their honest endeavours had merited, found
themselves and their families
thrown at once on the world for subsistence by its
charities. Not the hundredth part of the inhabitants of
that town had been concerned in
the act complained of; many of them were in Great Britain
and in other parts beyond sea; yet all were involved in
one indiscriminate
ruin, by a new executive power, unheard of till then,
that of a British parliament. A property, of the value of
many millions of money,
was sacrificed to revenge, not repay, the loss of a few
thousands. This is administering justice with a heavy
hand indeed! and when is
this tempest to be arrested in its course? Two wharfs are
to be opened again when his majesty shall think proper.
The residue which
lined the extensive shores of the bay of Boston are
forever interdicted the exercise of commerce. This little
exception seems to have been
thrown in for no other purpose than that of setting a
precedent for investing his majesty with legislative
powers. If the pulse of his people
shall beat calmly under this experiment, another and
another will be tried, till the measure of despotism be
filled up. It would be an insult
on common sense to pretend that this exception was made
in order to restore its commerce to that great town. The
trade which cannot
be received at two wharfs alone must of necessity be
transferred to some other place; to which it will soon be
followed by that of the two
wharfs. Considered in this light, it would be an insolent
and cruel mockery at the annihilation of the town of
Boston.
By the act for the suppression of riots and tumults in
the town of Boston, passed also in the last session of
parliament, a murder
committed there is, if the governor pleases, to be tried
in the court of King's Bench, in the island of Great
Britain, by a jury of Middlesex.
The witnesses, too, on receipt of such a sum as the
governor shall think it reasonable for them to expend,
are to enter into recognizance
to appear at the trial. This is, in other words, taxing
them to the amount of their recognizance, and that amount
may be whatever a
governor pleases; for who does his majesty think can be
prevailed on to cross the Atlantic for the sole purpose
of bearing evidence to a
fact? His expences are to be borne, indeed, as they shall
be estimated by a governor; but who are to feed the wife
and children whom he
leaves behind, and who have had no other subsistence but
his daily labour? Those epidemical disorders, too, so
terrible in a foreign
climate, is the cure of them to be estimated among the
articles of expence, and their danger to be warded off by
the almighty power of
parliament? And the wretched criminal, if he happen to
have offended on the American side, stripped of his
privilege of trial by peers of
his vicinage, removed from the place where alone full
evidence could be obtained, without money, without
counsel, without friends,
without exculpatory proof, is tried before judges
predetermined to condemn. The cowards who would suffer a
countryman to be torn
from the bowels of their society, in order to be thus
offered a sacrifice to parliamentary tyranny, would merit
that everlasting infamy now
fixed on the authors of the act! A clause for a similar
purpose had been introduced into an act, passed in the
12th year of his majesty's
reign, intitled "An act for the better securing and
preserving his majesty's dockyards, magazines, ships,
ammunition, and stores;" against
which, as meriting the same censures, the several
colonies have already protested.
That these are the acts of power, assumed by a body of
men, foreign to our constitutions, and unacknowledged by
our laws, against
which we do, on behalf of the inhabitants of British
America, enter this our solemn and determined protest;
and we do earnestly entreat
his majesty, as yet the only mediatory power between the
several states of the British empire, to recommend to his
parliament of Great
Britain the total revocation of these acts, which,
however nugatory they be, may yet prove the cause of
further discontents and jealousies
among us.
That we next proceed to consider the conduct of his
majesty, as holding the executive powers of the laws of
these states, and mark out
his deviations from the line of duty: By the constitution
of Great Britain, as well as of the several American
states, his majesty possesses
the power of refusing to pass into a law any bill which
has already passed the other two branches of legislature.
His majesty, however,
and his ancestors, conscious of the impropriety of
opposing their single opinion to the united wisdom of two
houses of parliament, while
their proceedings were unbiassed by interested
principles, for several ages past have modestly declined
the exercise of this power in that
part of his empire called Great Britain. But by change of
circumstances, other principles than those of justice
simply have obtained an
influence on their determinations; the addition of new
states to the British empire has produced an addition of
new, and sometimes
opposite interests. It is now, therefore, the great
office of his majesty, to resume the exercise of his
negative power, and to prevent the
passage of laws by any one legislature of the empire,
which might bear injuriously on the rights and interests
of another. Yet this will not
excuse the wanton exercise of this power which we have
seen his majesty practise on the laws of the American
legislatures. For the most
trifling reasons, and sometimes for no conceivable reason
at all, his majesty has rejected laws of the most
salutary tendency. The
abolition of domestic slavery is the great object of
desire in those colonies, where it was unhappily
introduced in their infant state. But
previous to the enfranchisement of the slaves we have, it
is necessary to exclude all further importations from
Africa; yet our repeated
attempts to effect this by prohibitions, and by imposing
duties which might amount to a prohibition, have been
hitherto defeated by his
majesty's negative: Thus preferring the immediate
advantages of a few African corsairs to the lasting
interests of the American states, and
to the rights of human nature, deeply wounded by this
infamous practice. Nay, the single interposition of an
interested individual against
a law was scarcely ever known to fail of success, though
in the opposite scale were placed the interests of a
whole country. That this is
so shameful an abuse of a power trusted with his majesty
for other purposes, as if not reformed, would call for
some legal restrictions.
With equal inattention to the necessities of his people
here has his majesty permitted our laws to lie neglected
in England for years,
neither confirming them by his assent, nor annulling them
by his negative; so that such of them as have no
suspending clause we hold on
the most precarious of all tenures, his majesty's will,
and such of them as suspend themselves till his majesty's
assent be obtained, we
have feared, might be called into existence at some
future and distant period, when time, and change of
circumstances, shall have
rendered them destructive to his people here. And to
render this grievance still more oppressive, his majesty
by his instructions has laid
his governors under such restrictions that they can pass
no law of any moment unless it have such suspending
clause; so that, however
immediate may be the call for legislative interposition,
the law cannot be executed till it has twice crossed the
atlantic, by which time the
evil may have spent its whole force.
But in what terms, reconcileable to majesty, and at the
same time to truth, shall we speak of a late instruction
to his majesty's governor
of the colony of Virginia, by which he is forbidden to
assent to any law for the division of a county, unless
the new county will consent
to have no representative in assembly? That colony has as
yet fixed no boundary to the westward. Their western
counties, therefore, are
of indefinite extent; some of them are actually seated
many hundred miles from their eastern limits. Is it
possible, then, that his majesty
can have bestowed a single thought on the situation of
those people, who, in order to obtain justice for
injuries, however great or small,
must, by the laws of that colony, attend their county
court, at such a distance, with all their witnesses,
monthly, till their litigation be
determined? Or does his majesty seriously wish, and
publish it to the world, that his subjects should give up
the glorious right of
representation, with all the benefits derived from that,
and submit themselves the absolute slaves of his
sovereign will? Or is it rather
meant to confine the legislative body to their present
numbers, that they may be the cheaper bargain whenever
they shall become worth a
purchase.
One of the articles of impeachment against Tresilian, and
the other judges of Westminister Hall, in the reign of
Richard the second, for
which they suffered death, as traitors to their country,
was, that they had advised the king that he might
dissolve his parliament at any
time; and succeeding kings have adopted the opinion of
these unjust judges. Since the establishment, however, of
the British constitution,
at the glorious revolution, on its free and antient
principles, neither his majesty, nor his ancestors, have
exercised such a power of
dissolution in the island of Great Britain; and when his
majesty was petitioned, by the united voice of his people
there, to dissolve the
present parliament, who had become obnoxious to them, his
ministers were heard to declare, in open parliament, that
his majesty
possessed no such power by the constitution. But how
different their language and his practice here! To
declare, as their duty required,
the known rights of their country, to oppose the
usurpations of every foreign judicature, to disregard the
imperious mandates of a
minister or governor, have been the avowed causes of
dissolving houses of representatives in America. But if
such powers be really
vested in his majesty, can he suppose they are there
placed to awe the members from such purposes as these?
When the representative
body have lost the confidence of their constituents, when
they have notoriously made sale of their most valuable
rights, when they have
assumed to themselves powers which the people never put
into their hands, then indeed their continuing in office
becomes dangerous to
the state, and calls for an exercise of the power of
dissolution. Such being the causes for which the
representative body should, and
should not, be dissolved, will it not appear strange to
an unbiassed observer, that that of Great Britain was not
dissolved, while those of
the colonies have repeatedly incurred that sentence?
But your majesty, or your governors, have carried this
power beyond every limit known, or provided for, by the
laws: After dissolving
one house of representatives, they have refused to call
another, so that, for a great length of time, the
legislature provided by the laws has
been out of existence. From the nature of things, every
society must at all times possess within itself the
sovereign powers of legislation.
The feelings of human nature revolt against the
supposition of a state so situated as that it may not in
any emergency provide against
dangers which perhaps threaten immediate ruin. While
those bodies are in existence to whom the people have
delegated the powers of
legislation, they alone possess and may exercise those
powers; but when they are dissolved by the lopping off
one or more of their
branches, the power reverts to the people, who may
exercise it to unlimited extent, either assembling
together in person, sending
deputies, or in any other way they may think proper. We
forbear to trace consequences further; the dangers are
conspicuous with which
this practice is replete.
That we shall at this time also take notice of an error
in the nature of our land holdings, which crept in at a
very early period of our
settlement. The introduction of the feudal tenures into
the kingdom of England, though antient, is well enough
understood to set this
matter in a proper light. In the earlier ages of the
Saxon settlement feudal holdings were certainly
altogether unknown; and very few, if
any, had been introduced at the time of the Norman
conquest. Our Saxon ancestors held their lands, as they
did their personal property,
in absolute dominion, disencumbered with any superior,
answering nearly to the nature of those possessions which
the feudalists term
allodial. William, the Norman, first introduced that
system generally. The lands which had belonged to those
who fell in the battle of
Hastings, and in the subsequent insurrections of his
reign, formed a considerable proportion of the lands of
the whole kingdom. These he
granted out, subject to feudal duties, as did he also
those of a great number of his new subjects, who, by
persuasions or threats, were
induced to surrender them for that purpose. But still
much was left in the hands of his Saxon subjects; held of
no superior, and not
subject to feudal conditions. These, therefore, by
express laws, enacted to render uniform the system of
military defence, were made
liable to the same military duties as if they had been
feuds; and the Norman lawyers soon found means to saddle
them also with all the
other feudal burthens. But still they had not been
surrendered to the king, they were not derived from his
grant, and therefore they were
not holden of him. A general principle, indeed, was
introduced, that "all lands in England were held
either mediately or immediately of
the crown," but this was borrowed from those
holdings, which were truly feudal, and only applied to
others for the purposes of
illustration. Feudal holdings were therefore but
exceptions out of the Saxon laws of possession, under
which all lands were held in
absolute right. These, therefore, still form the basis,
or ground-work, of the common law, to prevail wheresoever
the exceptions have not
taken place. America was not conquered by William the
Norman, nor its lands surrendered to him, or any of his
successors. Possessions
there are undoubtedly of the allodial nature. Our
ancestors, however, who migrated hither, were farmers,
not lawyers. The fictitious
principle that all lands belong originally to the king,
they were early persuaded to believe real; and
accordingly took grants of their own
lands from the crown. And while the crown continued to
grant for small sums, and on reasonable rents; there was
no inducement to
arrest the error, and lay it open to public view. But his
majesty has lately taken on him to advance the terms of
purchase, and of holding
to the double of what they were; by which means the
acquisition of lands being rendered difficult, the
population of our country is likely
to be checked. It is time, therefore, for us to lay this
matter before his majesty, and to declare that he has no
right to grant lands of
himself. From the nature and purpose of civil
institutions, all the lands within the limits which any
particular society has circumscribed
around itself are assumed by that society, and subject to
their allotment only. This may be done by themselves,
assembled collectively,
or by their legislature, to whom they may have delegated
sovereign authority; and if they are alloted in neither
of these ways, each
individual of the society may appropriate to himself such
lands as he finds vacant, and occupancy will give him
title.
That in order to enforce the arbitrary measures before
complained of, his majesty has from time to time sent
among us large bodies of
armed forces, not made up of the people here, nor raised
by the authority of our laws: Did his majesty possess
such a right as this, it
might swallow up all our other rights whenever he should
think proper. But his majesty has no right to land a
single armed man on our
shores, and those whom he sends here are liable to our
laws made for the suppression and punishment of riots,
routs, and unlawful
assemblies; or are hostile bodies, invading us in
defiance of law. When in the course of the late war it
became expedient that a body of
Hanoverian troops should be brought over for the defence
of Great Britain, his majesty's grandfather, our late
sovereign, did not pretend
to introduce them under any authority he possessed. Such
a measure would have given just alarm to his subjects in
Great Britain, whose
liberties would not be safe if armed men of another
country, and of another spirit, might be brought into the
realm at any time without
the consent of their legislature. He therefore applied to
parliament, who passed an act for that purpose, limiting
the number to be brought
in and the time they were to continue. In like manner is
his majesty restrained in every part of the empire. He
possesses, indeed, the
executive power of the laws in every state; but they are
the laws of the particular state which he is to
administer within that state, and not
those of any one within the limits of another. Every
state must judge for itself the number of armed men which
they may safely trust
among them, of whom they are to consist, and under what
restrictions they shall be laid.
To render these proceedings still more criminal against
our laws, instead of subjecting the military to the civil
powers, his majesty has
expressly made the civil subordinate to the military. But
can his majesty thus put down all law under his feet? Can
he erect a power
superior to that which erected himself? He has done it
indeed by force; but let him remember that force cannot
give right.
That these are our grievances which we have thus laid
before his majesty, with that freedom of language and
sentiment which becomes a
free people claiming their rights, as derived from the
laws of nature, and not as the gift of their chief
magistrate: Let those flatter who
fear; it is not an American art. To give praise which is
not due might be well from the venal, but would ill
beseem those who are asserting
the rights of human nature. They know, and will therefore
say, that kings are the servants, not the proprietors of
the people. Open your
breast, sire, to liberal and expanded thought. Let not
the name of George the third be a blot in the page of
history. You are surrounded
by British counsellors, but remember that they are
parties. You have no ministers for American affairs,
because you have none taken
from among us, nor amenable to the laws on which they are
to give you advice. It behoves you, therefore, to think
and to act for
yourself and your people. The great principles of right
and wrong are legible to every reader; to pursue them
requires not the aid of many
counsellors. The whole art of government consists in the
art of being honest. Only aim to do your duty, and
mankind will give you credit
where you fail. No longer persevere in sacrificing the
rights of one part of the empire to the inordinate
desires of another; but deal out to
all equal and impartial right. Let no act be passed by
any one legislature which may infringe on the rights and
liberties of another. This is
the important post in which fortune has placed you,
holding the balance of a great, if a well poised empire.
This, sire, is the advice of
your great American council, on the observance of which
may perhaps depend your felicity and future fame, and the
preservation of that
harmony which alone can continue both to Great Britain
and America the reciprocal advantages of their
connection. It is neither our
wish, nor our interest, to separate from her. We are
willing, on our part, to sacrifice every thing which
reason can ask to the restoration
of that tranquillity for which all must wish. On their
part, let them be ready to establish union and a generous
plan. Let them name their
terms, but let them be just. Accept of every commercial
preference it is in our power to give for such things as
we can raise for their use,
or they make for ours. But let them not think to exclude
us from going to other markets to dispose of those
commodities which they
cannot use, or to supply those wants which they cannot
supply. Still less let it be proposed that our properties
within our own territories
shall be taxed or regulated by any power on earth but our
own. The God who gave us life gave us liberty at the same
time; the hand of
force may destroy, but cannot disjoin them. This, sire,
is our last, our determined resolution; and that you will
be pleased to interpose
with that efficacy which your earnest endeavours may
ensure to procure redress of these our great grievances,
to quiet the minds of your
subjects in British America, against any apprehensions of
future encroachment, to establish fraternal love and
harmony through the
whole empire, and that these may continue to the latest
ages of time, is the fervent prayer of all British
America!
America
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