The Massachusetts Circular Letter of 1768 was drafted by Samuel Adams and was sent by the
Massachusetts House of Representatives to the other colonies' Houses of
Assembly. In the letter, Adams challenges several acts of King George
III and Parliament as being unconstitutional. The Massachusetts
Circular Letter of 1768 challenges various
taxes, the salary system for judges, the ability of customs officials
to appoint numerous officers and the fact that some officials wages
were determined without the consent of the people, all of which
complaints later appear in the Declaration
of Independence.
Go to Samuel Adams Facts page here.
Province of Massachusetts Bay, February 11, 1768.
SIR,
The House of Representatives of this province, have taken into their
serious consideration, the great difficulties that must accrue to
themselves and their constituents, by the operation of several acts of
Parliament, imposing duties and taxes on the American colonies.
As it is a subject in which every colony is deeply interested, they
have no reason to doubt but your House is deeply impressed with its
importance, and that such constitutional measures will be come into, as
are proper. It seems to be necessary, that all possible care should be
taken, that the representatives of the several assemblies, upon so
delicate a point, should harmonize with each other. The House,
therefore, hope that this letter will be candidly considered in no
other light there as expressing a disposition freely to communicate
their mind to a sister colony upon a common concern, in the same manner
as they would be glad to receive the sentiments of your or any other
House of Assembly on the continent.
The House have humbly represented to the ministry, their own
sentiments, that his Majesty's high court of Parliament is the supreme
legislative power over the whole empire; that in all free states the
constitution is fixed, and as the supreme legislative derives its power
and authority from the constitution, it cannot overleap the bounds of
it, without destroying its own foundation; that the constitution
ascertains and limits both sovereignty and allegiance, and, therefore,
his Majesty's American subjects, who acknowledge themselves bound by
the ties of allegiance, have an equitable claim to the full enjoyment
of the fundamental rules of the British constitution; that it is an
essential, unalterable right, in nature, engrafted into the British
constitution, as a fundamental law, and ever held sacred and
irrevocable by the subjects within the realm, that what a man has
honestly acquired is absolutely his own, which he may freely give, but
cannot be taken from him without his consent; that the American
subjects may, therefore, exclusive of any consideration of charter
rights, with a decent firmness, adapted to the character of free men
and subjects, assert this natural and constitutional right.
It is, moreover, their humble opinion, which they express with the
greatest deference to the wisdom of the Parliament, that the acts made
there, imposing duties on the people of this province, with the sole
and express purpose of raising a revenue, are infringements of their
natural and constitutional rights; because, as they are not represented
in the British Parliament, his Majesty's Commons in Britain, by those
acts, grant their property without their consent.
This House further are of opinion, that their constituents, considering
their local circumstances, cannot, by any possibility, be represented
in the Parliament; and that it will forever be impracticable, that they
should be equally represented there, and consequently, not at all;
being separated by an ocean of a thousand leagues. That his Majesty's
royal predecessors, for this reason, were graciously pleased to form a
subordinate legislature here, that their subjects might enjoy the
unalienable right of a representation: also, that considering the utter
impracticability of their ever being fully and equally represented in
Parliament, and the great expense that must unavoidably attend even a
partial representation there, this House think that a taxation of their
constituents, even without their consent, grievous as it is, would be
preferable to any representation that could be admitted for them there.
Upon these principles, and also considering that were the right in
Parliament ever so clear, yet, for obvious reasons, it would be beyond
the rules of equity that their constituents should be taxed, on the
manufactures of Great Britain here, in addition to the duties they pay
for them in England, and other advantages arising to Great Britain,
from the acts of trade, this House have preferred a humble, dutiful,
and loyal petition, to our most gracious sovereign, and made such
representations to his Majesty's ministers, as they apprehended would
tend to obtain redress.
They have also submitted to consideration, whether any people can be
said to enjoy any degree of freedom, if the Crown, in addition to its
undoubted authority of constituting a Governor, should appoint him such
a stipend as it may judge proper, without the consent of the people,
and at their expense; and whether, while the judges of the land, and
other civil officers, hold not their commissions during good behaviour,
their having salaries appointed for them by the Crown, independent of
the people, hath not a tendency to subvert the principles of equity,
and endanger the happiness and security of the subject.
In addition to these measures, the House have written a letter to their
agent, which he is directed to lay before the ministry; wherein they
take notice of the hardships of the act for preventing mutiny and
desertion, which requires the Governor and Council to provide
enumerated articles for the King's marching troops, and the people to
pay the expenses; and also, the commission of the gentlemen appointed
commissioners of the customs, to reside in America, which authorizes
them to make as many appointments as they think fit, and to pay the
appointees what sum they please, for whose mal-conduct they are not
accountable; from whence it may happen, that officers of the Crown may
be multiplied to such a degree as to become dangerous to the liberty of
the people, by virtue of a commission, which does not appear to this
House to derive any such advantages to trade as many have supposed.
These are the sentiments and proceedings of this House; and as they
have too much reason to believe that the enemies of the colonies have
represented them to his Majesty's ministers, and to the Parliament, as
factious, disloyal, and having a disposition to make themselves
independent of the mother country, they have taken occasion, in the
most humble terms, to assure his Majesty, and his ministers, that, with
regard to the people of this province, and, as they doubt not, of all
the colonies, the charge is unjust. The House is fully satisfied, that
your Assembly is too generous and liberal in sentiment, to believe that
this letter proceeds from an ambition of taking the lead, or dictating
to the other assemblies. They freely submit their opinions to the
judgment of others; and shall take it kind in your House to point out
to them anything further, that may be thought necessary.
This House cannot conclude, without expressing their firm confidence in
the King, our common head and father; that the united and dutiful
supplications of his distressed American subjects, will meet with his
royal and favorable acceptance.
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