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A Summary View of the Rights of British America - by Thomas Jefferson - 1774
A Summary View of the Rights of British America was written by Thomas
Jefferson for the Virginia Convention's delegates to the First Continental
Congress in 1774. It eloquently enumerates the abuses suffered by the
American colonists at the hand of King George III and the British Parliament.
This document was read by many members of the Continental Congress over
the next year and a half. When the Second Continental Congress met in 1776
and decided to declare their independence from Great Britain, they asked
Thomas Jefferson to write it, partly because of the eloquent way he states
his opinions in A Summary View of the Rights of British America. The
Declaration of Independence was the result.
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A Summary View of the Rights of British America
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 parallel
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, intitled "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, intitled "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 intitled "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
phoenomenon 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!
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