Observations on the act of Parliament commonly called the Boston Port-Bill; with thoughts on civil society and standing armies. / By Josiah Quincy, Jun'r. ; [Twelve lines of quotations]

OBSERVATIONS &c.

IN times of public calamity, it is the duty of a good citizen to consider. If his opportunities or advantages, for knowledge and reflection, are greater than those of mankind in general, his whole duty will remain undischarged, while he confines his thoughts to the compass of his own mind. But if danger is added to the calamity of the times, he who shall communicate his sentiments on public affairs with decency and frankness, merits attenti|on and indulgence, if he may not aspire to appro|bation and praise.

Whoever attends to the tenor and design of the late act of the British Parliament for the BLOCKADE OF this HARBOUR, and duly considers the extensive confusion and distress this measure must inevitably produce; whoever shall reflect upon the justice; po|licy and humanity of legislators, who could delibe|rately give their sanction to such a proceedure—must be satisfied, that the man, who shall OPENLY dare to expose their conduct, hazards fatal consequences.—Legislators, who could condemn a whole town un|heard, nay uncited to answer; who could involve thousands in ruin and misery, without suggestion of any crime by them committed; and who could so construct their law, as that enormous pains and pe|nalties

would inevitably ensue, NOTWITHSTAND|ING THE MOST PERFECT OBEDIENCE TO IT'S IN|JUNCTIONS; I say, that legislators, thus formed as MEN, thus principled as STATESMEN, would un|doubtedly imagine the attainder and death of a private individual, for his public animadversions, a less extraordinary act of power. * 1.1 But all exerti|ons of duty have their hazard:—if dread of Par|liamentary extravagance is to deter from public energies, the safety of the common wealth will soon be despaired of; and when once a sentiment of that kind prevails, the excesses of present enormities so rapidly increase, that strides, at first appearance, ex|orbitant, will soon be found—but the beginning of evils. We therefore consider it as a just observa|tion, that the weight and velocity of public op|pressions are ever in a ratio proportionate to private despondency and public despair.

He who shall go about to treat of important and perilous concerns, and conceals himself behind the curtain of a feigned signature, gives an advantage to his adversaries; who will not fail to stigmatize his thoughts, as the notions of an unknown writer, afraid or ashamed to avow his sentiments; and hence they are deemed unworthy of notice and re|futation. Therefore I give to the world both my sentiments and name upon the present occasion, and shall hear with patience him, who will decent|ly refute what is advanced, and shall submit with temper to that correction and chastisement which my errors deserve.

The act now under consideration opens with a recital, that

dangerous commotions and insurrections have been fomented and raised in Boston—by di|vers ill-affected persons, to the subversion of his Majesty's Government, and to the utter destruc|tion of the public peace, and good order of the said town; in which commotions and insur|rections certain valuable cargoes of Teas, be|ing the property of the East-India Company, and on board certain vessels lying within the bay or harbour of Boston, were seized and destroyed: and in the present condition of said town and harbour, the commerce of his Majesty's subjects cannot be safely carried on there, nor the customs payable to his Majesty be duly collected.

Two questions naturally arise out of this pream|ble: The first, whether the facts set forth are true; and Secondly, whether upon a supposition of their truth, they are a sufficient foundation for the subsequent parts of the statute, or will warrant the disabilities, forfeitures, pains and penalties, enacted and inflict|ed on the subject?—Both inquiries seem intimately to concern the honour and justice of the British le|gislature.

And however unimportant the judg|ment of Americans may now appear to that august body—yet surely the judgment of Europe and fu|ture ages is not unworthy their high consideration. Removed from the eye of royalty, the piety of a So|vereign may cease to pity miseries it doth not behold; remote from the cries of public justice and the efforts of popular despair, Lords and Commons may re|main unaffected, for a season, with American con|vulsions; yet justice and humanity must soon ex|cite those operations in America and Europe, which hereafter will move even the senate of Britain. True knowledge and real virtue perhaps was never more diffused than on this northern continent; re|fined humanity ('tis boasted) was never more pre|dominant than in Europe at this day:—Can it be supposed, that this virtue will be discordant and inactive; that this knowledge will omit to unfold public wrongs, or that such humanity will cease to interpose?

That commotions were in Boston; that East|India tea was destroyed, are facts not controverted. But that such commotions were natural to be ex|pected; that they were such as statesmen must have foreseen and A FATHER OF HIS COUNTRY, who fore|saw, would prevent, rather than punish, is equal|ly true. The sentiments of all Americans relative to the Tea act are no secret, their fervor in the COMMON CAUSE equally known; and their probable intemperance in consequence of the arrival of In|dia teas, it required no profound skill in men and politics to predict. Nay the British papers were full, and the senate echoed, with the predictions similar to those which are now fulfilled. It was not difficult for Englishmen in Britain to tell how

Englishmen in America would conduct on such occa|sions. What shall we then say? Shall we impute to those, who are dignified as "the wisest and most august" the barbarous projection—deliberately to ensnare, that they might superlatively punish? The calm deliberation of premeditated malice seems ra|ther more characteristick of a private bosom, than a public body. But Governor Hutchinson (the repre|sentative of his Majesty in this Province) when treating upon an act of the Massachusetts Government imposing a tax or duty upon goods of the inhabitants of other colonies, hath assured us, that

in all ages and countries, by bodies and communities of men such deeds have been done as most of the individuals of which such communities consisted, acting se|parately, would have been ashamed of.

* 1.2 An ob|servation that his Excellency might have imbibed, from that prince of historians, Dr. Robertson.

To abandon usurped power, to renounce lucrative er|ror, are sacrifices, which the virtue of individuals, has, on some occasions, offered to TRUTH; but from ANY SOCIETY of men, no such effort can be expected. The corruptions of society, recommended by common utility, and justified by universal practice, are viewed by it's members, without shame or horror; and reformation never proceeds from themselves, but is always FORCED upon them by some FOREIGN hand.

* 1.3

Caesar, Le|pidus and Antony, says Plutarch, shew, that no beast is more savage than man, when possessed of power equal to his passion.

If the sentiments of Dr. Robertson are just, have we not cause to fear from very powerful states and legislators an equal ferocity?

And it is an observation of the illustrious Lord Clarendon, that it is the nature of man, rather to commit two errors, than retract one. When eleva|ted characters commit a second error, it carries the air of an intended discovery, how little they feel for the first, how much they despise the people, how much they are above shame, fear and amendment. But to heighten cruelty by wantonness, to render it more pungent by insult, are such exorbitances, as seldom disgrace the records of mankind. But whenever such instances occur, they strikingly ve|rify that eternal truth recorded in the House of Lords—

it is much easier to restrain liberty from run|ning into licenciousness than POWER from swelling into tyranny and oppression.

* 1.4 Can it add dignity to this noble sentiment, or weight to this important truth, to say, that among the illustrious personages who subscribed it with their hands and transmitted it to posterity, we find a "Chesterfield" and "Cob|bam", a "Strafford" and a "Bathurst" a "Haver|sham" and "Gower"?

But to return. Are popular commotions pecu|liar to Boston? Hath not every maritime town in England been repeatedly affected by them? Are they not incident to every commercial and popular city?—whence, then, is it, that BOSTON is devoted to such unexampled treatment? But it may be said, Boston, as a town, hath aided, abeted, and participated in these tumults. Where is the evidence of it? I presume the King, Lords and Com|mons of Great-Britain had none; for they do not suggest it: I presume they did not believe it, be|cause they have not intimated it. And had they

been furnished with such evidence, had they be|lieved the fact, surely it is an imputation unworthy of their dignity, to say, that they would not have given that matter in the preamble of the statute, as the ground of their extraordinary proceedure. But the records of Boston, and known facts prove that the inha|bitants discountenanced and disavowed all riot and disor|der. I am thus warranted in saying, that the mere occur|rences expressed in the act, is that matter which the British legislature have judged worthy the most un|parallelled penal severities. Whether this judgment be right, is a subject interesting to a citizen of the town to enquire; it is a subject on which a man will speak feelingly; on which AN ENGLISHMAN will speak freely and openly.

Previous to further observations, it may be neces|sary to say, that the town of Boston had as a town cautiously and wisely conducted, not only without tumult, but with studied regard to established law. This the rolls of the town verify, and a hundred witnesses can confirm.

At the last town-meeting relative to the East|India tea and it's consignees, it was largely debated, whether it should be an instruction to the commit|tee, who were appointed to wait on those Gentle|men, to insist on their preremptory answer;—Whe|ther they would send back the Tea: and after long debate on the question, it passed by a very large majority in the negative. And the great|est enemy of the country cannot point out any one step of the Town of Boston, in the progress of this matter, that was tumultuous, disorderly and against law. This also is an additional reason, why we must conclude that the mere temporary events which

took place in Boston, without any illegal proceedure of the town, in the matter of the tea, is in the judgment of the British senate an adequate foun|dation for the last act received from that powerful body.

The first enacting clause of the statute now in view, annihilates all commercial transactions within two certain points of the harbour of Boston, upon pain of the FORFEITURE of

goods, wares and merchandize, and of boat, lighter, ship, vessel, or other bottom;—and of the guns, ammunition, tackle, furniture and stores, in or belonging to the same:

and of any barge, hoy, lighter, wherry, or boat into which any goods &c. are laden,

&c.

The next paragraph,

in case any wharfinger, &c. or any of their servants shall take up or land, or knowingly suffer to be taken up or landed, or shall ship off, or suffer to be water-born, at or from any of their said wharves, &c. goods &c.

enacts a FORFEITURE and LOSS of such

goods &c. and TREBLE the value thereof, to be computed, at the highest price of such sort of goods, &c. toge|ther with the vessels and boats, and all the hor|ses, cattle, and carriages, whatsoever made use of in the shipping, unshipping, landing, remo|ving, carriage, or conveyance of any of the afore|said goods.

&c.

The next clause provides,

that if any ship &c. shall be moored or lie at anchor, or be seen hover|ing within said bay, &c. or within one league from the said bay, &c. it shall and may be lawful for any Admiral, or commissioned officer of his Majesty's fleet or ships of war, or for ANY OFFI|CER

OF HIS MAJESTY'S CUSTOMS, to compel such ship or vessel to depart to SOME OTHER port or harbour, or to SUCH STATION AS THE SAID OF|FICER SHALL APPOINT and to use SUCH FORCE for that purpose as shall be found necessary: And if such ship or vessel shall not depart ac|cordingly, WITHIN SIX HOURS after notice for that purpose given by such person as aforesaid, such ship or vessel, together with all the goods laden on board thereon, and all the guns, ammunition, tackle and furniture shall be forfeited and lost, WHETHER BULK SHALL HAVE BEEN BROKEN OR NOT.

Let us here pause for a moment;—let us give time for one single reflection; let us give space for one pulse of the veins—one emotion of the heart. And who can think, but those exalted characters and that generous prince, stiled THE FATHER OF all HIS PEOPLE—who united to this terrible act had many reflections, many feelings of humanity, while they were solemnly consigning thousands—if not millions—to ruin, misery and desperation?

The persons in whom this authority is vested, are not confined to the ports or harbours on this continent: the vessel and cargo may be ordered to what harbour, port or station of the whole world, the officer pleases—if he appoint a continental station, 'tis grace and favour;—and what may be the price of that purchase, who can tell! what scope for ma|lice and ill-will; for pride and haughtiness; for avarice and power to wanton and insult, till the one is satiated and the other wearied!

Who are the persons to whom such unbounded, such enormous power is entrusted? Power is

known to be intoxicating in it's nature, and in pro|portion to it's extent, is ever prone to wantoness: power and authority, says Plutarch, awaken every passion, and discover every latent vice:—what a co|gent temptation is here placed to insnare the most virtuous? But if there be one depraved passion in the bosom, as power gives scope and opportunity, how soon will it be called forth into licentious ex|ercise? Shall I be thought going too far; shall I trespass upon the bounds of truth and decency, if I say, that SOME of his Majesty's commissioned officers, in his fleet, or ships of war; SOME officers of his cus|toms are not altogether worthy of such high confidence and trust? Are there not inferior commissioned officers in the King's ships; are there not many of the LOW|ER officers of the customs, who have neither strength of understanding or integrity of heart to weild such a mighty power? Nay, may not I add, that SOME FEW (into whose hands peradventure the estate of a good subject and opulent merchant may chance to fall) are destitute of all sense, mental and humane? While contemplating this subject,—while the mind is active, and heart warm—how apt are we to for|get, that the illustrious Houses, who gave their sanction to this astonishing law, are dignified as learned and venerable;—and the Prince that gave his fiat, denominated—"THE WISEST AND BEST OF KINGS"?

Deelining an entrance upon matters heretofore discussed by abler heads, I have omitted all obser|vation on the right and policy of the claims and laws of Great-Britain over the colonies; upon the same principle, I waive entering that copious field which is presented, by that part of the present act, which provides for the recovery of all forfeitures and 〈◊〉〈◊〉 in the courts of admiralty—whose extended

jurisdiction hath been matter of very great grievance, heart-burnings and complaint; whose judges hold their commissions by the tenure of will and pleasure; and whose large salaries are a most powerful incentive to the desire of—well-pleasing ALL on whom they depend.

Another passage in this statute makes utterly void ALL CONTRACTS,

for consigning, shipping, or carrying any goods, &c. to or from the har|bour of Boston, which HAVE BEEN made or entered into, or which shall be made or entered into, so long as the act continues in force, rela|ting to any ship which shall arrive at said town or harbour after the first day of June.

Jurisprudents and the sages of the law for cen|turies have taught, that retrospective or post facto sta|tutes, were not only militant with the principles of found morals, but those also of political wisdom. But the Parliament, who by the bold figure of com|mon lawers, are stiled omnipotent, here enforces a different doctrine. The english colonist, replete with loyalty to his sovereign; the descendant from Britain, animated by love for a mother-country, represses the excursions of his understanding and passions: but the subject or native of another state will feel no such restraint. He has contracted to send his merchandize to this port, expects his returns in the commodities of the country—in compliance with his obligations, his treasures are moving with hazard upon the ocean, with hopes warm for gain. The ship (in which peradven|ture he hath risqued his life as well as fortune) after many a toil and jeopardy, reaches the 〈◊〉〈◊〉 port. But how are his hopes baffled—how will be

rage and exclaim? vast hath been his expences to prepare for his adventure, and equally great his expectations from the Boston merchant. What guilt hath he contracted, what crime hath he com|mitted, that he also should be involved in the ca|lamitous consequences of this unexampled statute? Bouyed up for a moment, perhaps, with a vain expectation, that he may have a remedy on his contract against the merchant here;—how will this supposed foreigner sink with a ten-fold despondency, how will be rise again with adequate indignation, when he discovers all remedy gone;—his contract declared by the law, "utterly void, to ALL INTENTS AND PURPOSES WHATSOEVER?"—Here again, love for a parent-country, love for a parent-king checks the current of reason, and restrains the career of passion.

Having taken this view, before we proceed fur|ther, it is natural once more to ask, whence arose this extraordinary stride of legislation; what is it, that the town of Boston hath done? what new and unheard of crime have the inhabitants committed to justify enacting of such disabilities, forfei|tures, pains and penalties? punishments that descend indiscriminately on all ought to have the sanction of unerring wisdom, and almighty power, or it will be questioned, if not opposed:—The present ven|geance falls indiscriminately on the acknowledged inno|cent, as well as the supposed guilty. Surely the evil is of a very malignant and terrible nature that can require such an extraordinary remedy. Admit for a moment, that the inhabitants of Boston were charged as high criminals; the highest criminals are not punishable, till arraigned before disinterested

judges, heard in defence, and found guilty of the charge. But so far from all this, a whole people are accused, prosecuted by they know not whom; tried they know not when; proved guilty they know not how; and sentenced in a mode, which for number of calamities, extent and duration of severity, exceeds the annals of past ages, and we presume, in pity to mankind, will not mark any future AEra in the story of the world.

What will be the real consequences of this asto|nishing measure, and what those intended and expec|ted by the planners of it are very different considera|tions. A MACHIAVEL may plan, and his schemes prove abortive; and ALVA may be sent to execute, and his army be defeated. The circle of the arts and sciences, like the ball of empire, hath held a western course. From Chaldea and Egypt to Greece and Rome, soon after in Italy, and thence to the western provinces of Europe. Chaldea and Egypt had their Magi, their law-givers and heroes, when Greece and Rome swarmed with petty feu|datories and barbarians; Greece and Rome flouri|shed in literature, when Gaul, Germany, and Britain were uncivilized, rude and ignorant. Wife and sagacious politicians have not been able to stay the rotation of this revolving scientific circle, any more than mighty potentates to repel the velocity of the flying ball of empire:—superior to human pow|ers, like blazing stars, they hold their destined course, and play their corruscations as they run their race.

The expectations of those who were the fautors of the present measures, must have been to bring down superlative distress, discord, confusion, despair, and perdition upon a multitude. How then

will our amazement increase, when we shall hear that the hard fate of this multitude cannot be avoid|ed? Let the inhabitants comply with the requisiti|ons of the statute, let them be implicitly obedient to it's injunctions:—what is the evil they will escape? what is the boon they may hope to attain? hope and fear are said to be the hinges of govern|ment. Legislators have therefore considered it as sound policy, never to drive the subject into acts of despair, by causing punishments to appear as inevi|table, on the first promulgation of a law. When a legislative body ordaineth penalties to take place in cases of performance or non-performance of parti|cular matters, they surely will take due care, that sufficient notice is given of their public will and suffici|ent time to comply with their mandates; so that obe|dience may not only proceed from principles of regard to the law-makers, but motives of personal safety to the subject himself. This seems not more consonant to political wisdom, than to nature and equity.—But let us now suppose, that upon the first intimations of the present law, Boston had been as prone to obey the edict of a British Court, as the Turk to comply with the mandate of the Divan; let us imagine them as servile, as fawning as a court dependant to a minister of state;—nay, if there be any thing in nature, yet more humble and more base, let Boston (in idea for a short mo|ment) be that humble, servile base and fawning something: What doth it all avail? The first time the inhabitants of this town had any intimation, of the will of the British Parliament, was on the tenth of may, and the act is to take place on the first of June; and thence to continue in full force, until it shall sufficiently

appear to his Majesty that

full satisfaction hath been made by or on behalf of the inhabitants of the said town of Boston to the united company of merchants of England trading to the East-Indies, for the damage sustained by the said company by the destruction of their goods sent to the said town of Boston, on board certain ships or vessels as aforesaid; AND UNTIL IT SHALL BE CERTIFIED TO HIS MAJESTY in council BY THE GOVERNOR, or LIEUTENANT GOVERNOR, of the said province, that reasonable satisfaction hath been made to the officers of his Majesty's revenue and OTHERS, WHO SUFFER|ED BY THE RIOTS AND INSURRECTIONS ABOVE MENTIONED, in the months of November and December in the year 1773, and in the month of January in the year 1774.

Satisfaction could not be made to the East-India company, if all Boston had the WILL and POWER to do it, till the town had time and opportunity to call a meeting, assemble, consult and determine upon the measure: great bodies are not calculated for speedy decision, any more than velocity of motion. The resolution formed; time must be given for dispatches to England, application to the East-India company, an adjustment with them upon the nice point of "full satisfaction":—that accomplished; time must be given for making the matter "sufficiently appear to his Majesty."—Let any one consider but for a moment, what a length of time must inevitably elapse before all this can be accomplished: nay, may it not well be question|ed, considering the parties and all persons concern'd and the circumstances of this affair, whether such accomplishment be practicable? But is this all that is to be done and effected before relief can be given to

this destressed land? Far otherwise.

The Governor or Lieutenant Governor, must also first certify to his Majesty, in Council, that reasonable satisfacti|on hath been made to the officers of his Majesty's revenue, and OTHERS, who SUFFER••D by the riots and insurrections above mentioned..

No per|son is particularly designated to be the judge be|tween the subject, and the officers of his Ma|jesty's revenue: No provision being expressly made, touching this point, how probable that litigation might arise concerning it? If we say that the Governor, or Lieutenant Governor, is the implied judge of this matter: How is the question to be brought before him, how tried, and how adjusted? These also are points not settled in a moment: Long indeed would be the period before the subject in Boston will be capable to ascertain and make such satisfaction, as that the person here pointed out, would make his certifi|cate, that it was plenary and reasonable. Gover|nor Bernard lately filled the chair of govern|ment, while Mr. Hutchinson was second in com|mand: Governor Hutchinson now fills the chair, and the office of Lieutenant Governor is vacant. How long would it be before the inhabitants of Boston would acquiesce in the decision of either of these gentlemen? How little probability is there, considering the sentiments, the past and present conduct of these gentlemen, that they would speedily give the required certificate?—If it hath been found difficult to touch the tender feelings of the American and Native, how long would it take to excite generous sentiments in the Briton and Stranger?

But these are all preparatories to the obtaining any ease or relief from the pressure of this penal law. The prerequisites to the restoration of pub|lic felicity are here not only improbable, but when considered altogether and in the present crisis of public affairs are they not impracticable? But yet worse, being accomplished, it could in no way prevent the misery and calamities of this British edict. The space given for the subject to stay this torrent of evils is so short, that it is impossible for him, exerting his utmost energies, to prevent be|ing overwhelmed. (But what mortals are unable to prevent—HEAVEN may stay or divert.)

An avenue seems to be opened by the benignity of our British fathers; but when attempted, affords no way of escape. My veneration for Britain is so great, that I will not suppose the great council of the nation intended to flatter with a false hope, that cruel disappointment might heighten the poig|nancy of suffering—the anguish of despair. But sure the fathers of a people will consider, what are like to be the sentiments and conduct of men driven to distraction by a multitude of inevitable evils, and consigned to despair from the terms of their deliverance?

Wonder was excited on the first view of the present law; our astonishment hath been increa|sing in the progress of our survey. A period is not yet put to our admiration. The faculties of sensation are yet to be further stretched.

The civilian and statesman, the moralist and sage had heretofore delivered those maxims of truth and

those rules of government, which wise legislators have ever observed, and the bulk of mankind yet honour and revere.—To know the laws of the land already in force, previous to the publication of a new code, or in the technical phraseology of a common lawyer "to know how the law stood be|fore we make a new statute", hath been considered as an indispensable accomplishment of a good le|gislator. But that illustrious Parliament, whose power is distinguished, with the appellation of "om|nipotent", seem not to have exercised this impor|tant knowledge;—tho' we do not hence rashly infer, that they are destitute of information, be|cause all who are vested with omnipotence of power are ever inspired with proportionate wisdom.

It must again be noticed, that no relief is to be had, "untill full satisfaction hath been made BY or ON behalf of the inhabitants of said town of Boston". Now to suppose that any in England or Europe would make satisfaction "on behalf" of said Inha|bitants was unnatural, if not absurd; but what is more to the point, it was certainly unparliamentary. The remaining alternative is that satisfaction must be made by Boston.

Every person knows, that towns in this Pro|vince cannot raise or appropriate any monies, but by the express provisions and direct authority of law: it is a matter of equal notoriety that all town assessments of money are expressly confined, by the 4 Wm. & Mar. c 13. to the

maintenance and support of the ministry, schools, the poor, and defraying of other necessary TOWN CHARGES.

A law which received the royal approbation, al|most a century agone.

Will any now say, that the monies appointed to be paid to the East-India house come within the words of "necessary town charges"? When did the town contract the debt, or how are they subject to the payment of it? Had the Parliament seen sit to enact, that monies requisite to satisfy the In|dia merchants, should be so considered; two questi|ons (not of quick decision) might then have arisen; the one touching the validity and obligatory force of the statute; the other, whether it would then come within the intent and design of the Province law. For past doubt, our Provincial legislators had no such charge (as the one here supposed) in view, when they made the law of Wm. & Mary; and in this way therefore the matter could not be brought within it's provision. Parliament must then make a new act to enable and impower Boston to pay the India company, before the town can comply with the terms of relief of their trade. In the mean while, what is to be the situation of Boston and the inhabitants of the globe with whom they have such extensive connections?—But, it is very apparent, that the Parliament have not as yet enact|ed the payment of this satisfaction as a town charge. They have only placed it in the option of the town to make that payment, or submit to the conse|quences. That payment, we affirm, they cannot pay, without breach of the law of the land.—New and unheard of therefore is the state of this people. They must sustain the severest afflictions, they must stand the issue of distracting remedies—or—violate one of the most known and practiced laws of the land!—Let us search the history of the world;—let us inspect the records of a Spanish inquisition;

let us enter the recesses of an Ottoman court;—nay, let us traverse the regions of romance and fable—where shall we find a parallel?

When the Hungarians were called REBELS first, they were called so for no other reason than this (says the elegant Ld. Bolingbroke) that they would not be SLAVES.

But for BRITONS, when they would not venture to call their CHILDREN, rebels, that they should treat them as worse than REBELS, was reserved to distinguish an age of vaunt|ed light, humanity and knowledge—the AEra of a King, who prides himself as born and bred a Briton!

To complain of the enormities of power, to ex|postulate with over-grown oppressors, hath in all ages been denominated sedition and faction; and to turn upon tyrants, treason and rebellion. But tyrants are rebels against the first laws of Heaven and Society:—to oppose their ravages is an instinct of nature—the inspiration of GOD in the heart of man. In the noble resistance which mankind make to exorbitant ambition and power, they al|ways feel that divine afflatus, which, paramount every thing human, causes them to consider the LORD OF HOSTS as their leader, and his angels as fellow-soldiers:—trumpets are to them joyful founds, and the ensigns of war, the banners of GOD;—their wounds are bound up in the oil of a good cause, and their blood flows into the veins of a Saviour; sudden death is to them pre|sent martyrdom, and funeral obsequies resurrections to eternal honour and glory:—their widows and babes, being received into the arms of a compassi|onate GOD, and their names enrolled among

DAVID'S WORTHIESS—greatest losses are to them greatest gains; for they leave the troubles of their warfare to lie down on beds of eternal rest and felicity.

There are other parts of the act now before us, which merit notice: particularly that, relative to the prosecution of suits in the ordinary courts of law, "for any thing done in pursuance of the act"; by which the defendant is enable

to plead the general issue, and give the act, and the general matter, in evidence

: whereupon it follows, that "if it shall appear so to have been done, the jury SHALL find for the defendant"; who, by an after clause, is to "recover treble costs". From this passage some have been lead to conclude, that the appearance of this matter was to be to the Judge; and that if it had that appearance to him, and he should direct the jury accordingly; however it might appear to the jury, they must follow the directions of the Judge, and acquit the defendant. But this is a construction, which as the words do not necessa|rily carry that meaning, I will not permit myself to suppose the design of the law. However the late donations of large salaries by the crown, to the justices of our superior Courts, who are nominated by the Governor, and hold their commission, du|rante bene placito, have not a little contributed to the preceeding apprehension.

Another passage makes provision for

assigning and appointing such and so many open places, quays and wharfs, within the said harbour, creeks, havens and islands, for the landing, discharging, lading and shipping of goods, as his Majesty, his heirs or successors, shall judge necessary and ex|pedient

;

and also for

appointing such and so many officers of the customs therein, as his Majesty shall think sit; after which it shall be lawful for any person or persons to lade or put off from, or to discharge and land upon, such wharfs, quays, and places, so appointed within the said harbour, AND NONE OTHER, any goods, wares and merchandize whatsoever.

By which the property of many private individuals is to be rendered useless, and worse than useless; as the possession of a thing, aggravates the misfortune of those who are deprived of a capacity to enjoy. But if the property of some few is to be rendered no|thing worth, so that of many others is to be openly invaded:—But why should we dwell upon private wrongs, while those of the multitude call for all our attention?

If any should now say—we are a commercial people—commercial plans can only save us. If any think that the ideas of the merchant are at this day to give spring to our nerves and vigour to our actions; if any say, that empire in this age of the world, is only founded in commerce:—let him show me the people emancipated from oppression by commercial principles and measures: let him point me, that unexplored land, where trade and slavery flourish together. Till then, I must hold a different creed; and believe—that tho' commercial views may not be altogether unprofitable; that tho' commercial plans may do much, they never can do ALL. With regard then, to how much the merchant, the artificer, the citizen and the hus|bandman may do, let us no longer differ. But let every one apply his strength and abilities to that

mighty burden, which unless removed, must crush US ALL. AMERICANS have one COMMON INTE|REST to unite them; that interest must cement them. Natural allies, they have published to the world professions of reciprocal esteem and confi|dence, aid and assistance; they have pledged their faith of mutual friendship and alliance. Not only common danger, bondage, and disgrace; but national truth and honour conspire to make THE COLONISTS resolve—TO STAND OR FALL TOGETHER.

Americans never were destitute of discernmen they have never been grossly deficient in virtue a small share of sagacity is now needful to discover•• the insidious art of our enemies; the smallest spark of virtue will on this occasion kindle into flame.

Will the little temporary advantage held forth for delusion, seduce them from their duty•• Will they not evidence at this time, how much they despise the commercial bribe of a British ministry; and testify to the world that they do not vail to the most glorious of the antients, in love of freedom and. sterness of virtue ? But as to THE INHABI|TANTS OF THIS PROVINCE, how great are the num|ber, how weighty the considerations to actuate their conduct ? Not a town in this colony, but have breathed the warmest declarations of attachment to their rights, union in their defence, and perseve|rance to the end. Should any ONE maritime town (for more than ONE I will not believe there can be) allured by the expectations of gain, refuse to lend their aid;—entertaining the base idea of build|ing

themselves upon the ruins of this metropolis—and in the chain of future events, on the destructi|on of ALL AMERICA,—what shall we say?—hours of bitter reflection will come, when their own feelings shall excite consideration; when remem|brance of the past, and expectation of the future shall fill up the measure of their sorrow and anguish.—But I turn from the idea, which blasts my coun|try with infamy—my species with disgrace.

The intelligent reader must have noticed, that 〈◊〉〈◊〉 the whole of the act of Parliament, there 〈◊〉〈◊〉 suggestion that the East-India company had 〈◊〉〈◊〉 any demand for damage done to their pro|perty:—if the company supposed they had re|••••••ted injury, it doth not appear whom they con|sider as guilty, and much less, that they had alled|ged any charge against the town of Boston. But I presume that if that company were intitled to re|ceive a recompence from the town until they prosecuted their demand they are supposed to wave it. And we cannot but imagine, that this is the first instance, where Parliament hath ordered one sub|ject to pay a satisfaction to another, when the par|ty aggrieved did not appear to make his regular claim; and much more uncommon is it, for such recompence to be ordered without ascertaining the amount to which the satisfaction shall extend.

But if the East-India company were now made easy, and Boston reduced to perfect silence and humilia|tion;—how many "OTHERS" are they, who would suggest, that they "SUFFERED by the riots and in|surrections abovementioned" and demand "reasonable satisfaction" therefor.—The singular texture, uncer|tainty,

looseness and ambiguity of this phrase in the statute seems so calculated for dispute such an eternal bar to a full compliance with the requisi|tions of the act, and of course to render permanent it's evils, that I cannot speak upon the subject with|out trespassing upon those bounds of respect and decency, within the circle of which I have 〈◊〉〈◊〉 to move.

Here waiving further particular consideration of that subject which gave origin to this perfor|mance; I shall proceed to an equally interesting subject—that of STANDING ARMIES and CIVIL SO|CIETY.

THE faculty of intelligence may be considered as the first gift of GOD: it's due exercise is the hap|piness and honour of man; it's abuse his 〈◊〉〈◊〉 and disgrace. The most trifling duty is not properly discharged without the exertion of this noble faculty; yet how often does it lie dormant, while the highest concernments are in issue? Be|lieve me (my countrymen) the labor of exami|ning for ourselves, or great imposition, must be sub|mitted to ; there is no other alternative: and unless we weigh and consider what we examine, little benefit will result from research. We are at this extraordinary crisis called to view the most melan|choly events of our day: the scene is unpleasant to the eye, but it's contemplation will be useful; if our thoughts terminate with judgment, resolu|tion and spirit.

If at this period of public affairs, we do not think, deliberate, and determine like men—men of

minds to conceive, hearts to feel, and virtue to act—what are we to do?—to gaze upon our bon|dage? while our enemies throw about fire-brands, arrows and death, and play their tricks of despera|tion with the gambols of sport and wantonness.

The proper object of society and civil instituti|ons is the advancement of "the greatest happiness of the greatest number". The people (as a body, being never interested to injure themselves and uniformly desirous of the general wellfare) have ever made this collective felicity the object of their wishes and pursuit. But strange, as it may seem, what the many through successive ages have desired and sought, the few have found means to baffle and de|feat. The necessity of the acquisition hath been conspicuous to the rudest mind; but man, incon|siderate, that,

in every society, there is an effort constantly tending to confer on one part the height of power, and to reduce the other to the extreme of weakness and misery

, * 1.5 hath abandoned the most important concerns of civil society to the caprice and controul of those, whose elevation caused them to forget their pristine equality, and whose inte|rest urged them to degrade the best and most useful below the worst and most unprofitable of the species. * 1.6 Against this exertion, and the principle which origi|nates it, no vigilance can be too sharp, no determi|nation too severe.

But alas!—as if born to delude and be delu|led—to believe whatever is taught, and bear all that is imposed—successive impositions, wrongs and insults awaken neither the sense of injury or spirit of revenge. Fascinations and enchantments, chains and setters bind in adamant the understanding and passions of the human race. Ages follow ages, pointing the way to study wisdom—but the charm continues.

Sanctified by authority and armed with power, error and usurpation bid defiance to truth and right, while the bulk of mankind sit gazing at the monster of their own creation:—a monster, * 1.7 to which their follies and vices gave origin, and their depravity and cowardice continue in existence.

"The greatest happiness of the greatest number" being the object and bond of society, the esta|blishment of truth and justice, ought to be the basis of civil policy and jurisprudence. But this capital establishment can never be attained in a state where there exists a power superior to the civil magistrate and sufficient to controul the authority of the laws. Whenever, therefore, the profession of arms becomes a distinct order in the state, and a standing army part of the constitution, we are not scrupulous to affirm, that the end of the social compact is defeated, and the nation called to act upon the grand question con|sequent upon such an event.

The people who compose the society (for whose security the labour of it's institution was perform|ed,

and of the toils it's preservation daily sustained) THE PEOPLE, I say, are the only competent judges of their own welfare, and, therefore, are the only suitable authority to determine touching the great end of their subjection and their sacrifices. This position leads us to two others, not impertinent on this occasion, because of much importance to Ame|mericans:—

That the legislative body of the common-wealth ought to deliberate, determine and make their de|crees in places where the legislators may easily know from their own observation the wants and exigences, the sentiments and will, the good and happiness of the people; and the people as easily know the delibe|rations, motives, designs and conduct of their le|gislators, before their statutes and ordinances actual|ly go forth and take effect:—

That every member of the legislature ought himself to be so far subject in his person and pro|perty to the laws of the state, as to immediately and effectually feel every mischief and inconveni|ence resulting from all and every act of legislation.

The science of man and society, being the most extended in it's nature, and the most important in it's consequences of any in the circle of ••••••diti|on, ought to be an object of universal attention and study. Was it made so, the rights of mankind would not remain buried for ages, under sys|tems of civil and priestly hierarchy, not social fe••••|city overwhelmed by lawless domination.

Under appearances the most vencrable and instituti|ous the most revered; under the sanctity of religi|on, the dignity of government, and the smiles of

benef••••••nce, do the subtle and ambitious make their first incroachments upon their species. Watch and oppose ought therefore to be the motto of mankind. A nation in it's best estate—guarded by good laws, fraught with public virtue, and steel|ed with martial courage—may resemble Achilles: but Achilles was wounded in the heel. The least point left unguarded, to foe enters:—latent evils are the most dangerous—for we often receive the mortal wound, while we are flattered with security.

The experience of all ages shews that man|kind are inattentive to the calamities of other careless of admonition, and with difficulty roused to repel the most injurious invasions.

I perceive (said the great patriot Cicero to his country|men) an inclination for tyranny in all Caesar projects and executes.

* 1.8 Notwithstanding this friendly caution, not

till it was too late did the people find out, that no beginnings, however small, are to be neglected.

* 1.9 For that Caesar, who at first attacked the common-wealth with mines very soon opened his batteries. * 1.10—Encroachments upon the rights and property of the citizen are like the rollings of mighty waters over the breach of antient mounds: slow and unalarming at the beginning ; rapid and terrible in the current; a deluge and devastati|on at the end.—Behold the oak, which stretcheth itself to the mountains, and overshadows the val|lies, was once an acorn in the bowels of the earth:—Slavery (my friends) which was yesterday engraf|ted

among you, already overspreads the land, ex|tending its arms to the ocean, and it's limbs to the rivers.—Unclean and voracious animals under it's covert, find protection and food,—but the shade blasteth the green herb, and the root thereof poisoneth the dry ground, while the winds which wave its branches scatter pestilence and death.

Regular government is necessary to the preservati|on of private property and personal security. With|out these, men will descend into barbarism, or at best become adepts in humiliation and servility; but they will never make a progress in litera|ture or the useful arts. Surely a proficiency in arts and sciences is of some value to mankind, and deserves some consideration.—What regular go|vernment can America enjoy with a legislative a thousand leagues distant, unacquainted with her exigencies, militant in interest, and unfeeling of her calamities,? What protection of property—when ministers under this authority shall over|run the land with mercenary legions? What per|sonal safety when a British administration—(such as it now is, and corrupt as it may be)—pour armies into the capital and senate-house,—point their artillery against the tribunal of justice, and plant weapons of death at the posts of our doors? * 1.11

Thus exposed to the power, and insulted by the arms of Britain—STANDING ARMIES become an object of serious attention. And as the history of mankind affords no instance of successful and con|firmed tyranny, without the aid of military forces, we shall not wonder to find them the desiderata of princes, and the grand object of modern poli|cy.—

What, tho' they subdue every generous passi|on and extinguish every spark of virtue—all this must be done, before empires will submit to be exhausted by tribute and plundered with impu|nity.

Amidst all the devices of man to the prejudice of his species, the institution of which we treat hath proved the most extensively fatal to religion, morals and social happiness. Founded in the most malevolent dispositions of the human breast, dis|guised by the policy of state, supported by the lusts of ambition, THE SWORD hath spread hav••••k and misery throughout the world. By the aid of mercenary troops, the sinews of war, the pro|perty of the subject, the life of the common-wealth have been committed to the hands of hirelings, whose interest and very existence, depend on an abuse of their power. In the lower class of life, STANDING ARMIES have introduced brutal de|bauchery and real cowardice; in the higher orders of state, venal haughtiness and extravagant dissipa|tion. In short whatever are the concommitants of despotism; whatever the appendages of oppressi|on, this ARMED MONSTER hath spawned or nurtu|red, protected or established;—monuments and scourges of the folly and turpitude of man.

Review the armament of modern princes:—what sentiments actuate the military body? what characters compose it? Is there a private centinel of all the innumerable troops that make so bril|liant a figure, who would not for want of property have been driven from a Roman cohort, when soldiers were the defenders of liberty? * 1.12

Booty and blind submission is the science of the camp. When lust, rapacity, or resentment incite whole battallions proceed to outrage. Do their leaders command—obedience must follow.

Pri|vate soldiers (said Tiberius Grac••hus from the Roman rostrum) fight and die to advance the wealth and luxury of the great.

* 1.13 "Soldiers (said an eminent Puritan in his sermon preached in this country more than 130 years ago) are com|monly men who fight themselves fearlessly into the mouth of hell for revenge, a booty, or a little re|venue:—a cay of battle is a day of harvest for the devil". Soldiers, like men, are much the same in every age and country.

Heroes are much the same, the point's agreed, From Macedonia's madman to the Sweed.

What will they not fight for—whom will they not fight against?—Are these men, who take up arms with a view to defend their country and its laws? Do the ideas or the feelings of the citizen actuate a British private on entering the camp? * 1.14 Excitements, generous and noble like these are f••r from being the stimuli of a modern phalanx. The general of an army, habituated to uncontrouled command, feels himself absolute: he forgets his superiors, * 1.15 or rather despises that civil authority, which is destitute of an energy to compel his obe|dience. His soldiers (who look up to him as their fovereign, and to their officers as magistrates) loose the sentiments of the citizen and contemn the

laws. Thus a will and a power to tyranize become united; and the effects are as inevitable and fatal in the political, as the moral world.

The soldiers of Great Britain are by the muti|ny act deprived of those legal rights which belong to the meanest of their fellow-subjects, and even to the vilest malefactor. * 1.16 Thus divested of those fights and privileges which render Britons the envy of all other nations, and liable to such hardships and punishments as the limits and mercy of our known laws utterlly disallow; it may well be thought they are persons best prepared and most easily tempted to strip others of their rights, having already lost their own. * 1.17 Excluded, there|fore, from the enjoyments which others possess, like Eunuchs of an Eastern seraglio, they envy and hate the rest of the community, and indulge a malignant pleasure in destroying those privlle|ges to which they can never be admitted. * 1.18 How eminently does modern observation verify that sen|timent of Baron Montesquieu—a slave living among free-men will soon become a beast.* 1.19

A very small knowledge of the human breast, and a little consideration of the ends for which we form into societies and common-wealths disco|ver the impropriety and danger of admiting such an order of men to obtain an establishment in the state: the annals and experience or every age shew; that it is not only absurdity and folly—distrac|tion and madness. But we in this region of the earth have not only to dread and struggle with the natural and common calamities resulting from such military bodies, but the combined dan|gers

arising from AN ARMY of FOREIGNERS, stationed in the very bowels of the land. Infatua|ted Britons have been told—and as often deceived, that an army of natives would never oppress their own countrymen. But Caesar and Cromwell, and an hundred others have enslaved their country with such kind of forces. And who does not know that subalterns are implicitly obedient to their offi|cers;—who when they become obnoxious are easily changed, as armies to serve the purposes of ambi|tion and power are soon new modelled. But as to America, the armies which infest her shores, are in every view FOREIGNERS, disconnected with her in interest, kindred and other social alliances; who have nothing to lose, but every thing to gain by butchering and oppressing her inhabitants.—But yet worse:—their inroads are to be paliated, their outrages are to receive a sanction and defence from a Parliament whose claims and decrees are as unrigh|teous, as the Administration is corrupt;—as bound|less as their ambition, and as terrible as their power. The usurpation and tyranny of the Decemvi••i of Rome are represented as singularly odious and op|pressive: but eventhey never assumed what Britain in the face of all mankind hath avowed and exercised over the Colonies:—the power of passing áws merely on her own authority.

Nothing that we propose (said they to the people) can pass into a law without your consent. Be yourselves, ye romans, the au|thors of those LAWS ON WHICH YOUR HAPPINESS DEPENDS.

The dominion of all great empires degrades and debases the human species.

* 1.20 The domini|on of Britain is that of a mighty empire. Her

laws waste our substance, her placemen corrupt our morals, and her armies are to break our spi|rits.—Yes, are they not to do more?

To spoil, to slaughter and to commit every kind of vio|lence; and then to call the manaeuvre by a ly|ing name—GOVERNMENT; and when they have spread a general devastation, call it PEACE.

* 1.21 In the barbarous Massacres of France, in the 16th century, the very hangmen refused obedience to the cruel mandates of the French monarch, saying they were legal officers, and only executed those the laws condemned. Yet history hears testimony that the soldiers performed the office which the hang|man refused. * 1.22 Who then can be at a loss for the views of those who were so fond of introducing and tenacious of obtaining similar peace-officers in this obnoxious capital? * 1.23 But let all such—yes, let Great-Britain consider the nature of mankind: let her examine carefully the history of past events, and attend to the voice of experience.

In the same age we have just mentioned, the Low-Countries, then subject to the crown of Spain, being persecuted by the court and church of that kingdom rose up to resist their op|preslors. Upon which, in the year 1567, the Duke of Alva was sent, and entered the country with a well-appointed army, ten thousand strong; in order to quell and punish the insurgents. Ter|risied with these martial operations, the towns

suffered the open breach of their charters, and the people submitted to the most humiliating infraction of their liberties; while Alva, being invested with the government, erected the court of twelve, cal|led the council of blood, and caused great numbers to be condemned and executed on account of the insurrections. Universal complaints insued on this disuse of the ordinary courts of law and the introduc|tion of the army: but complaints were in vain, and all murmurs despised. The people became en|raged; but without a leader, they were over-awed. "The army (says Sir William Temple) was fierce and brave, and desirous of nothing so much as a re|bellion of the country." All was seizure and process, confiscation and imprisonment, blood and horror, insolence and dejection, punishments executed and meditated revenge. But though the multitude threat|ned vengeance, the threats of a broken and un|armed people excited contempt and not fear. Alva redoubled his impositions and ravages, his edicts were published for raising monies without the con|sent of the state, and his soldiers were called to levy the exactions by force.—But the event shewed, that the timidity and tameness of mankind, like every thing human, will have a period. The patience of the miserable sufferers came to an end; and those commotions began which deluged great part of Eu|rope with blood, and finally freed THE UNITED PROVINCES from the yoke of Spain and the inquisi|tion.—What conflicts too sharp—what horrors too dreadful to endure for such a happy deliverance—such a glorious issue? Thus "the first period of the low-country troubles (says the same ingeni|ous writer) proved to king Philip (of Spain) a ••ear experience, how little the boldest armies and best conduct are able to withstand the torrent of a stubborn and enraged people, which ever bears all

down before it, till it be divided into different channels by arts, or by chance; or till the springs, which are the humours that fed it, come to be spent, or dry up of themselves." * 1.24

During several centuries, history informs us, that no monarch in Europe was either so bold, or so powerful as to venture on any steps to|wards the introduction of regular troops. At last, Charles the 7th of France, seizing a favoura|ble opportunity in 1445, executed that which his predecessors durst not attempt, and established the first standing army known in Europe. Lewis the 11th, son, and successor of Charles, finding him|self at the head of his father's forces, was natu|rally excited to extend the limits of his ancestors, in the levies of money and men. Charles had not been able to raise upon his subjects two milli|ons, but the army he left his successor enabled him to levy near five, The father established an army of about seventeen hundred, which

he kept in good order and placed for the defence of the realm

; but this army, though thus disciplined and stationed, enabled the son to maintain

in continual pay a terrible band of men of arms, which gave the realm (says the Historian Phil|lip de Commines) a cruel wound of which it bled many years.

* 1.25 How regular, correspondent and uniform are the rise and progression of military calamities in all ages! How replete with instructi|on—how full of admonition are the memorials of distant times—especially when contracted into the view, and held up in comparison with the present.

Charles and Lewis having set the example, all the neighbouring crowned heads soon followed, and mercenary troops were introduced into all the considerable kingdoms of the continent. They gradually became the only military force that was employed or trusted. It has long been (says the learned Dr. Robertson) the chief object of policy to encrease and support them, and the great aim of Princes or ministers to discredit and to annibilate all other means of national activity or defence. * 1.26 Who will wonder at this, who reflect, that absolute mo|narchies are established, and can only be suppor|ted by mercenary forces? Who can be surprized, that princes and their subalterns discourage a mar|tial spirit among the people, and endeavour to ren|der useless and contemptible the militia, when this institution is the natural strength, and only stable safeguard, of a free country? * 1.27

Without it, 'tis folly to think any free government will ever have security and stability.

* 1.28 A standing army in quarters will grow effeminate and dissolute; while a militia, uniformly exercised with hard la|bor, are naturally firm and robust. Thus an ar|my in peace is worse than a militia; and in war, a militia will soon become disciplin'd and martial. But

when the sword is in the hands of a single per|son—as in our constitution—be will always (says the ingenious Hume) neglect to discipline the

militia, * 1.29 in order to have a pretext for keeping up a standing army. 'TIS EVIDENT, (says the same great character) that this is a mortal distem|per in the BRITISH government; of which it must at last inevitably perish.

* 1.30 What a defor|med monster is a standing army in a free nation? Free, did I say? what people are truly free, whose monarch has a numerous body of armed merce|naries at his heels? who is already absolute in his power—or by the breath of his nostrils may in an instant make himself so?

No free government was ever founded or ever preserved it's liberty without uniting the characters of citizen and soldier in those destined for defence of the state. The sword should never be in the hands of any, but those who have an interest in the safety of the community, who fight for their religion and their offspring;—and repell invaders that they may return to their private affairs and the enjoyment of freedom and good order. Such are a well regulated militia composed of the free|holders, citizen and husbandman, who take up arms to preserve their property as individuals, and their rights as freemen Such is the policy of a tru|ly wise nation, and such was the wisdom of the antient Britons. The primitive constitution of a state in a few centuries falls to decay:—errors and corruptions creep gradually into the admini|stration

of government—'till posterity forget or disregard the institutions of their remote ancestors. In antient time, THE MILITIA of England was raised officered and conducted by common consent. It's militia was the ornament of the realm in peace and for ages continued the only and sure defence in war. Was the king himself ge|neral of an army—it was by the consent of his peo|ple. Thus when the Romans visited the island of Britain, Caffibelan was the Prince and chief com|mander in war; but it was by the election of the great Common Council, Summa belli (says Caesar) COMMUNI CONCILIO, Cassibelano traditur. Nor will this seem strange, when we consider that it was the first state maxim with the Druids ne loqui de republica, nisi per conci••ium—not even to speak up|on a matter of state but in council. Nor is it to be wondered that such politicians informed Caesar, that they had been so long accustomed to liberty, that they knew not the meaning of tribute and slavery; and sent him word, that they had as good blood as he, and from the same fountain. Surely a mes|sage that was received by a Roman, may be sent to a British Caesar. These were those v••|nerable Druids, who had inspired the Gauls, of whom Caesar reports this memorable boast; We can call or appeal to such a Great Common Council, as all the world cannot resist. Tacitus, speaking of our Saxon ancestors, relates, Reges ex nobilitate, Duces ex virtute in iisdem conciliis eliguntur. The great council, or the parliament of the state, had, not only the appointment of the principes militia, but the conduct of all military forces, from the first erection of the standard to it's lodgment in the Citidel; for as the same noble writer informs, it was their general custom—not to in|trust any man with the bearing of arms, antequam

CIVITAS suffecturum prob••verit. Such was the se|curity of the people from the calamities of a standing army:—happy indeed if their successors could boast a similar provision.—Britain would not now be groaning under oppression—nor her distant children struggling for their freedom.

A spirited nation thus embodied in a well dis|ciplined militia will soon become warlike, and such a people more fitted for action than debate, al|ways hasten to a conclusion on the subject of grie|vances and public wrongs, and bring their deli|berations to the shortest issue. With them

it is the work of but one day, to examine and resolve the nice question, concerning the behaviour of subjects towards a ruler who abuses his pow|er.

* 1.31

Artful dissemblings and plausible pretences are always adopted in order to introduce regular troops. Dyonysius became the tyrant of Syracuse, the most opulent of all the Grecian cities, by feign|ing a solicitude for the people and a fear of his own person. He humbly prayed only a guard for his protection: they easily granted, what he readily took—the power of plundering by military force and entailing his sovereignty by a devise of his sword. Agathocles, a successor to the Dyonysian family and to the command of the army, conti|nued the military tyranny, and butchered the en|slaved people by centuries.

Cardinal Ximenes, who made the first innova|tion of this kind in Spain, disguised the measure under the pious and popular appearance of resisting the progress of the Infidels. The Nobles saw his views and excited opposition in the chief towns of the

kingdom. But by dexterously using terror and in|treaty, force and forbearance, the refractory cities were brought to compliance. The nobles thus, driven to desperate resolutions by the Cardinal's military movements, at a personal interview were warm and intemperate. When the Arch-prelate insensibly led them towards a balcony from which they had a view of a large body of troops un|der arms, and a formidable train•• of artillery.

Behold, says he, pointing to these and raising his voice, the powers which I have recieved from his Catholick majesty.

"With these I govern Castile and with these I will govern it". Nobles and people discovered it was now too late for resistance:—to regret past folly and dread future calamities was the remaining fate of the wretched Castilians. Af|ter the Romans quitted the island of Britain, the first appearance of a standing army was under Ri|chard the second. The suppression of his enemies in Ireland calling him out of England, his subjects, seized the opportunity and dethroned him.

Henry the 7th, a character odious for rapacity and fraud, was the first King of England who obtained a permanent military band in that kingdom. It was only 2 band of fifty archers:—with the harmless appellation of Yeomen of the guards. This apparently trivial institution was a precedent for the greatest po|litical evil that ever infested the inhabitants of Britain. The ostensible pretext was the dignity of government—"the grandeur of majesty":—* 1.32 the alteration of the constitution and an increase of power was the aim of the prince. An early "op|pugnation of the King's authority", tho' no doubt his favourite subalterns would have stiled it "ILL-TIMED", * 1.33 had easily effected that disbanding

of the new-raised forces, which being a little while delayed, no subsequent struggles have ac|complished. The wisdom of resistance at the be|ginning has been repeatedly inculcated, by the wise and liberal-minded of all nations, and the expe|rience of every age hath confirmed their instruc|tion. But no Precept or example can make the bulk of mankind wise for themselves. Tho' cauti|oned (as we have seen) * 1.34 against the projects of Caesar, the smiles of his benignity deceived the Ro|man Common-wealth, till the increase of his power bid defiance to opposition. Celebrated for his generosity and magnificence, his compla|cency and compassion, * 1.35 the complaisant courtier made his way into the hearts of his countrymen. They would not believe, tho' admonished by the best of men and first of patriots, * 1.36 that the smiling Caesar would filch away their liberties, that a native—born and bred a Roman—would enslave his country—the land of his fathers—the land of his birth—the land of his posterity. * 1.37But the ambitious Caesar aiming at authority, and

Caesar armed and intoxicated with power, appear in very different characters. He who appeared with the mildness of a fine gentleman, in his pri|maeval state, in an advanced station conducted with the sterness of a tyrant. Opposed by a tri|bune of the people in taking money out of the pub|lick treasury against the laws, Caesar WITH AN ARMY AT HIS HEELS, proclaimed "arms and laws do not flourish together."

If you are not pleased, (added the usurper) with what I am about, you have nothing to do but to withdraw. Indeed war will not bear much liberty of speech. When I say this I am departing from my own right. For you and all I have found exciting a spirit of faction * 1.38 against me are at my dispo|sal.

Saying this, he approached the doors of the treasury, as the keys were not produced, he sent his work-men to break them open. * 1.39 This is the com|plaisant Caesar—renowned for his amiable qua|lities: by his easy address he deceived and by his arts inslaved his countrymen—and prepared the way for a succeeding Nero to spoil and slaughter them.—Singular and very remarkable have been the interpositions of Providence in fa|vour

of New-England:—the permission of an early carnage in our streets, peradventure, was to awaken us from the danger;—of being politely beguiled into security and fraudfully drawn into bondage:—a state that sooner or later ends in rapine and blood;—Shall we be too enthusias|tick, if we attribute to the Divine influence, that unexpected good which hat•• so often in our day been brought out of premeditated evil? Few, comparatively, of the many mischiefs aimed a|gainst us, but what have terminated in some advantage, or are now verging to some happy issue.—If the dexterity of veteran troops have not excited envy, if their outrage hath not pro|voked revenge, their military discipline hath set a well-timed example, and their savage fury been a well-improved incentive. The lusts of an enemy may touch a sensibility of mind and his very pride pique the virtue of the heart.

Fleets which appeared formidable, and armies which threatened destruction have either vapoured away with empty parade, or executed their mis|chievous designs with rashness and folly. To com|pensate the insult and repair the injury, Provi|dence hath caused these armaments to scatter much wealth and diffuse abroad a martial passion:—a passion, which hath proved so contagious, that our MILITIA are advanced a century, at least, in discipline and improvements. Where are the peo|ple who can compose a militia of better men, more expert in the use of arms, and the conduct of the field, than we can now call forth into action? A militia who a few years ago, knew near as much of the science of Algebra, as of the art military.

Thus hostile invasions have roused among us the GE|NIUS of War:—that Genius, which under GOD, will conduct us with safety and honour—with tri|umph and glory.

Surely we may say of our adversaries;—in the net, which they hid, is their own foot taken, and they are snared in the wickedness of their own hands.—Our enemies the last ten years, have been em|ployed to weave a spiders web and hatch the eggs of a Cocatrice:—consuming their own bowels by what they have weaved; and destroyed by what they have brought forth.—Thus Goliah is killed with his own sword, Haman hanged upon his own gallows. * 1.40 Mar|vellous were the doings of GOD in the eyes of our fathers;—nor less astonishing are his works in the days of their progeny. * 1.41

Charles the 2d. told his Parliament, their

jea|lousy, that the forces he had rais'd were designed to controul law and property, was weak and fri|volous

* 1.42 The cajolement took for a season,

but his subjects having been abused by re|peated violations of his most solemn vows, at last rouzed from their lethargy; and the King be|gan to dread the severity of their vengeance. He therefore kept up a standing army, not only against law, but the repeated resolutions of every Parlia|ment of his reign. He found that corruption without force could not confirm him a tyrant, and therefore cherished and augmented his troops to the destruction of his people and the terror of his senators. "There go our masters" * 1.43 Was a common saying among the members of Parliament, "No law can restrain these people; houses are taken from us, our lives are in danger" (said one member in Parliament.)

Without betraying our trust, (said Russel) we must vote these standing forces a grie|vance. There are designs, about the King, to ruin religion and property. Public business is the least of their concern. A few upstart people, making hay while the sun shines, set up an ar|my to establish their interest: I would have care taken for the future, that no army be raised for a cabal-interest. A Gentleman said the last session, that this war was made rather for the army, than the army for the war. This government, with a standing army, can NEVER BE SAFE: We cannot be secure in this house; and some of us may have our heads taken off.

* 1.44

Patriots harrangued in vain—the Commons vo|ted the Keeping up the army illegal and a grieve|ance—but while they thus did, they openly betray|ed a dread of that army.

I would not give an

alarm to those who have arms in their hands

said one member; "I cannot but observe that the House of Commons is now in fear of the army", said another. * 1.45 Plain as it was for what end the army was kept up, the people slumbered.

The exigences of the times called for something more than votes and paper-resolutions. What was the consequence of this national cowardice and inacti|vity? "England saw herself engaged in the expence of 600,000 Pounds sterling, to pay an army and fleet, which certainly (says Rapin) had not been prepa|red TO make war with France OR FOR THE SECU|RITY OF ENGLAND".—Spirited resolves may please the ear; senatorial eloquence may charm the eye, but these are not the weapons with which to combat standing armies: these was not those, which freed this Capital from stationed regiments;—they are not those, which will ultimately—But I for|bear: time will unfold, what I may not foretell.

The British Court, never destitute of plausibilities to deceive, or inventions to enthrall the nation, appropriated monies, raised by Parliament for the purpose of disbanding the army, to their continu|ance, * 1.46 and uniformly pursued similar measures, till in the year 1684, "the King in order to make his people sensible of their new slavery, affected to muster his troops, which amounted to 4000 well|armed and disciplined." * 1.47 If Rapin denominated so small an armament, the slavery of the subject under Charles the 2d:—what would he call the state of Britons under George the third? With 4000 troops the kingdom it seems was reduced to servitude: but the spirit of the nation soon after

rose. In 1685 complaint was made in Parliament, "that the country was weary of the oppression, and plunder of the soldiers";

the army (it was said) debauched the manners of all the people, their wives, daughters and servants.

* 1.48 The grievance became intolerable—and what was happy, it was not too mighty for opposition. James the second, had only 14, or 15,000 troops,—and no riot act. The barbarities of a Kirk, and the cam|paign of a Jefferies, could not pass with impunity. THE REVOLUTION succeeded and James abdicated his throne.—Such was the fate of one, who vainly affected to play the despot with about fifteen regi|ments: had be been encircled with an hundred, no doubt, he had reigned an applauded tyrant—flat|tered in his day, with that lying appellation—"the wisest and the best of Kings." * 1.49

The army of the present king of great Bri|tain is larger than that with which Alexander sub|dued

the East, or Caesar conquered Gaul.

If the army, we now keep up (said Sr. John Phillips 30 Years ago, in the House of Commons) should once be as much attached to the Crown as Julius Caesar's army was to him, I should be glad to know where we could find a force superior to that army.

* 1.50 Is there no such attachment now existing? * 1.51 Surely the liberties of England, if not held at will, are holden by a very precarious te|nure.

The supreme power is ever possessed by those who have arms in their hands and are disciplined to the use of them. When the Archives consci|ous of a good title disputed with Lysander a|bout boundaries, the Lacedemonian shewed his sword, and vauntingly cried out

he that is master of this can best plead about boundaries.

* 1.52 The Marmo|tines of Messina declined appearance at the tribu|nal of Pompey, to acknowledge his jurisdiction, alledging in excuse, ancient privileges, granted them by the Romans—

Will you never have done (ex|claimed Pompey) with citing laws and priviledges to men who wear swords.

* 1.53 What boundaries will they set to their passions, who have no li|mits to their power? Unlimited oppression and wantoness are the never-failing attendants of un|bounded

authority. Such power a veteran ar|my always acquire, and being able to riot in mis|chief with impunity, they always do it with licen|tiousness.

Regular soldiers, embodied for the purpose of originating oppression or extending dominion, ever compass the controul of the Magistrate. The same force which preserves a despotism immutable, may change the despot every day. Power is soon felt by those who possess it, and they who can com|mand will never servilely obey. The leaders of the army, having become masters of the person of their Sovereign, degrade or exalt him at will. * 1.54 Obvious as these truths may seem, and con|firmed as they are by all history, * 1.55 yet a weak or wicked Prince is easily perswaded, by the creatures who surround him to act the tyrant. A character so odious to subjects, must necessarily be timid and jealous. Afraid of the wise and good, he must support his dignity by the assistance of the worth|less and wicked. Standing armies are therefore raised by the infatuated Prince No sooner esta|blished, than the defenceless multitude are their first prey. Mere power is wanton and cruel: the ar|my grow licentious and the people grow desperate. Dreadful alternative to the infatuated monarch! In constant j••opardy of losing the regalia of empire, till the caprice of an armed B••nditti degrade him

from sovereignty, * 1.56 or the enraged people wreak an indiscriminate and righteous vengeance. Alas! when will Kings learn wisdom, and mighty men have understanding?

A further review of the progress of armies in our parent-state will be a usefull, tho' not a pleasant employ. No particular reason or occa|sion was so much as suggested in the bill which passed the Parliament in 1717, for keeping on foot a standing army of 30,000 men in time of peace: (a number since amazingly encreased.) An act justly recorded in the Lord's Journal to be a precedent for keeping the same army at all times, and which the protest of that day foretold

MUST INEVITABLY subvert the anti|ent constitution of the realm, and subject the sub|jects to arbitrary power.

* 1.57 To bor|row the pointed turn of a modern orator—what was once prophecy, is now history.

The powers given by the mutiny act which is now constantly passed every year was repea|tedly in former times

opposed and condemned by Parliament as repugnant to MAGNA-CHAR|TA, and inconsistent with the fundamental rights and liberties of a free people.

* 1.58 In this statute no provision is made for securing the obedience of the military to the civil power, on which the preservation of our constitution depends. A great number of armed men gover|ned

by martial law, * 1.59 having it in their power, are naturally inclined not only to disobey, but to insult the civil Magistrate: * 1.60 The experience of what hath happened in England, as well as the memorials of all ages and nations have made it sufficiently apparent, that whereever an effectual provision is not made to secure the obedience of soldiers to the laws of their country, the military hath constantly subverted and swallowed up the civil power.—What provision of this ••ind can the seve|ral Continental legislatures make against British troops stationed in the Colonies? Nay, if the virtue of one branch of government attempted the salutary measure, would the first branch ever give it's consent? A Governor must—he will obey his master: the alternative is obvious. The armies quartered among us must be removed, or they will in the end overturn and trample on all that we ought to hold valuable and sacred.

We have authority, to affirm, that the regular forces of Great Britain consist of a greater number than are necessary for the guard of the King's person and the defence of goverment, and there|fore dangerous to the constitution of the kingdom. What then do these armaments, when established here, threaten to our laws and liberties? Well might the illustrious members of the house 〈◊〉〈◊〉 Peers, In 1722, hold forth the danger of

a total alteration of the frame of our constitution from a legal and limited monarchy to a despotick

:

and declare, they were

induced to be of this judgment, as well from the nature of armies, and the inconsistency of great military power and martial law with civil authority, as from the known and universal experience of other countries in Europe, which, by the influence and power of standing armies, in time of peace, have from limited monarchies, like ours, been changed into absolute.

* 1.61 The taxes necessary to maintain a standing army, ••rain and impoverish the land. Thus exhausted by tribute, the people gradually become spiritless, and fall an easy sacrifice to the reigning power.

Spirits, like Britons, naturally fierce and indepen|dent are not easily awed or suddenly vanquish|ed by the sword. Hence an augmentation of forces hath been pushed, when there was no design of bringing them into action against Englishmen in an open field. New forces have oftener than once been raised in England more for civil than military service; and as elections for a new parli|ament have approached, this door has been open|ed to introduce a large body of commissioned Pensio|ners. * 1.62 What hath been the consequence? A constant majority of placemen meeting under the name of a Parliament, to establish grievances instead of redressing them—to approve implicitly the measures of a court without information—to support and screen ministers they ought to controul or punish—to grant money without right and expend it with|out discretion? Have these been the baneful con|sequences? Are these solemn truths? Alas! we tremble to think:—but we may venture to say, that when this is true of that legislative autho|rity,

which not only claims, (but exercises)

full power and authority to make laws and statutes to bind the colonies and people of America IN ALL CASES whatsoever

; * 1.63—the FORMS of our constitution, creating a fatal delusion, will become our greatest grievance.

The FORMALITIES of a free and the ends of a despotic state have often subsisted together. Thus deceived was the Republick of Rome:—Officers and Magistrates retained their old names:—the FORMS of the antient government being kept up, the fundamental laws of the Common-wealth were violated with impunity, and it's once free consti|tution utterly annihilated. * 1.64 He who gave Augustus Caesar the advice

that to the officers of state the same names, pomp and ornaments, should be con|tinued, with all the appearances of authority, without the power,

* 1.65 discovered an intimate ac|quaintance with mankind. The advice was fol|lowed, and Caesar soon became Senate, magistracy and laws. Is not Britain to America, what Caesar was to Rome?

It is curious to observe the various acts of imposition, which are alternately practiced by the

great and subtle of this world on their subor|dinate and simple-minded brethren. Are a peo|ple free, new oppressions are introduced or shrou|ded under old names;—are they in present bon|dage, and begin to grow turbulent; new ap|pellations must be adopted to disguise old bur|thens. A notable instance of this latter kind we find in the Parliament of Great Britain, (in 36 Edw: 3 ch: 2) upwards of four hundred years ago. The royal prerogative, called purvey|ance, having been in vain regulated by many preceeding statutes, still continued so intolerably greivous, that fresh murmurs and complaints called for a more adequate or better adapted provision. The British legislature, for this valua|ble purpose, therefore passed this very remarka|ble law; which by way of remedy, enacted as follows, viz.—"That the hateful NAME of purveyor, shall be changed into that of Acator." Thus the nation were to be made to believe, that the oppression ceased, because, the name was al|tered.—For the honour of government, as well as mankind, it is devoutly to be wished, that our laws and history contained no other record of such disgracefull practices.—If any late acts of the British parliament carry strong marks of a si|milar policy, it is surely, not altogether unwor|thy the consideration of the members of that august body;—how far, such disingenuous prac|tices are consistant with the honour of their private characters, or the dignity of their pub|lic station.

The magic of sounds and appellations hath not ceased, and they work as much deception and abuse as ever. What valuable purpose does a wholly subordinate legislative serve, (except to amuse with the shadow, while the substance is departed) if

a remote state may legislate for and bind us "in all cases" •• To what end doth an American house of Re|presentatives go through the forms of granting away monies, if another power, full as familiar with our pockets, may annihilate all they do; and afterwards, with a modern dexterity, take possession of our purses without ceremony, and dispose of the con|tents without modesty;—without controul, and without account? * 1.66

It is curious and instructive to attend the course of debate in the British Commons for keeping up the army. At first even the high|est courtiers would argue—that a standing ar|my, in time of peace, was never attempted; * 1.67 Soon after the Court-speakers urged for conti|nuance of a numerous army for one year longer. At the end of several years after, the Gentle|men throw aside the mask, and boldly declare such a number of troops must always be kept up. In short, the army must be continued till it be|comes

part of the constitution, and in later times members of the house have ventured to harangue for measures, none would have dared to lisp a few years before. The wise foresaw this, and the honest foretold it.

If we conti|nue the army but a little while longer (said a celebrated member upwards of forty years a|go,) it may be in the power of some Gen|tleman to talk in this house * 1.68 in terms that will be no way agreable to the constitution or liberties of our country. To tell us, that the same number of forces must be always kept up, is a proposition full-fraught with innumerable evils, and more particularly with this, that it may make wicked ministers more audacious than otherwise they would be in pro|jecting and propagating schemes which may be in|consistent with the liberties, destructive of the trade, and burthensome on the people of this na|tion. In countries governed by standing ar|mies, the inclinations of the people are but lit|tle minded, the ministers place their security in the army, the humours of the army they only consult, with them they divide the spoils, and the wretched people are plundered by both.

—Who that now reconsider; this prophetic language, in conjunction with the events of his own time, but will cry out—the speaker felt the impulse of inspiration!

Whoever (says the justly celebrated Dr. Black|stone) will attentively consider the English history may observe, that the flagrant abuse of any pow|er, by the crown or it's ministers, has always been productive of a struggle, which either dis|covers

the exercise of that power to be contrary to law, or (if legal) restrains it for the future.

* 1.69

The ingenious commentator seems here to have particular reference to periods prior to the revolu|tion. But will the learned judge say, that, since that aera there have been no flagrant abuses of power by the crown or its ministers? Have not repeated struggles arose in consequence of such abuses, which did not terminate in the happy issue so characte|ristic of Englishmen? Let any one peruse the jour|nals of parliament, especially those of the house of peers: let him carefully review the British and American annals, of the present century, and answer truly to those questions.—The natural en|quiry will be—whence then is it—that such abuses have become so numerous and flagrant, and the struggles of Britons so unsuccessful? Will not the question receive an ample solution in the words of the same great lawyer?—

There is a newly ac|quired branch of (royal) power; and that not the influence only, but THE FORCE OF A DISCI|PLINED ARMY, paid indeed ultimately by the people, but immediately by the crown; raised by the crown, officered by the crown, commanded by the crown.

* 1.70

We are told, by the same learned author, that

whenever the unconstitutional oppressions, even of the SOVEREIGN POWER, advance with gigan|tic strides and threaten desolation to a state, mankind will not be reasoned out of the feelings of humanity, nor will sacrifice their liberty by a scrupulous adherence to those political maxims,

which were established to preserve it.

* 1.71—But those who cannot be reasoned out of their feelings, are easily repressed by the terror of arms from giving tokens of their sensibility; and states antient and modern—(yes Britain will bear me witness!)—who would disdain to sacrifice their freedom to political institutions have tremblingly stood, alooff, while it was dragged to the altar under the banners of a royal army.

The policy and refinements of men cloathed with authority often deceive those who are subject to it's controul; and thus a people are often induced to waive their rights, and relinquish the barriers of their safety. The fraud, however, must at last be discovered, and the nation will resume their anti|ent liberties, if there be no force sufficient to screen the usurper and defend his domination. The sword alone is sufficient to subdue that spirit which com|pells rulers to their duty, and tyrants to their senses. Hence, then, though a numerous standing army may not be absolutely requisite to depress a king|dom into servitude, they are indispensably necessary to confirm an usurpation.

A large army and revenue are not easily and at once forced upon a free people. By flow de|grees and plausible pretences, as we have seen in England, the end is accomplished. But when once a numerous body of revenue and military men, en|tirely dependant on the crown, are incorporated, they are regardless of any thing but it's will: and where that will centers and what such power can effect is a matter of no doubtfull disputation.

The present army of a prince is always compo|sed of men of honour, and integrity, as the reign|ning monarch is ever the best of kings. In such an army, it is said, you may trust your liberties with safety: in such a king you may put your confi|dence without reserve:—the good man has not a wish beyond the happiness of his subjects! Yet let it be remembered, that under the best of kings, we ought to seize the fleeting opportunity, and pro|vide against the worst. But admitting that from this rare character—a wise and good monarch—a nation have nothing to fear;—yet they have eve|ry thing to dread from those who would cloath him with authority, and invest him with powers in|compatible with all political freedom and social se|curity. * 1.72 France, Spain, Denmark, and Sweden, in modern times, have felt the baneful effects of this fatal policy. Tho' the latter state are said to have this excellent institution; that the commissions to their military officers all run quam diu s•• bene gesserint: a regulation which ought to be the tenure of all offices of publick trust and may be of singular utility in states which have incorporated a standing army as part of the constitution of government.

An invasion and conquest by mere strangers and foreigners are neither so formidable or disgraceful as the establishment of a standing army under co|lour

of the municipal law of the land. Thus Ro|man armies were more terrible to the Roman colonies, than an "enemy's army." * 1.73 Valor has scope for action against an open enemy, but the most pre|cious liberties of a kingdom are massacred in cold blood by the disciplined Janizaries of the state, and there is little hope of a general resistance. The natural inherent right of the conquered is to throw off the yoke, as soon as they are able; but sub|jects enslaved by the military forces of their own sovereign, become spiritless and despondent; and scaffolds and axes, the gibbet and the halter, too often terrify them from those noble exertions which would end in their deliverance by a glorious victo|ry or an illustrious death.

Yet in full peace without any just apprehensions of insurrections at home or invasions from abroad, it was the mischievous policy of the English mini|stry, in 1717, to procure an allowance of near dou|ble the forces to what had ever before been esta|blished by the sanction of parliament in times of public tranquillity. Well might many of the nobility of Britain conceive, that as so many for|ces were no ways necessary to support, they had reason to fear danger to the constitution, which way never entirely subverted but by a standing army. * 1.74 The English military bands have since been much augmented;—and whether this dis|graceful subversion has already taken place, or is still verging to it's accomplishment, may be resol|ved, after a further inspection into memorials of the present age.

More than half a century since, the discerning members of the house of Lords discovered the ten|dency of these extraordinary armaments to be no other, than to overthrow the civil power of the kingdom, and to turn it into a military government. * 1.75 A very short period after this, many of the same noble house, bore open testimony, that they were

just|ly jealous from the experience of former times, that the crown itself, as well as the liberties of the people might be found at the disposal of a standing army at home.

* 1.76

But as if one standing army was not enough to ruin a nation of Englishmen, a new kind of forces was raised against the Common-wealth. The offi|cers employed in the customs, excise, in other branches of the revenue, and other parts of public service compose in effect A SECOND STAND|ING ARMY in England, and in some respects are more dangerous, than that body of men properly so called. The influence which this order have in the elections of members to serve in parliament, hath been too often felt in Great Britain to be de|nied. And we have good authority to say,

that examples are not hard to find, where the mi|litary forces have withdrawn to create an ap|pearance of a free election, and the standing CIVIL forces of this kind have been sent to take that freedom away.

* 1.77—Is a house of commons thus chosen the representative of the people,—or of the administration,—or of a single minister? * 1.78

As Lewis, the xith of France, was the first mo|narch in Europe, who reduced corruption to a system, so the ••ra of it's establishment in En|gland may be fixed at the reign of Charles the second. Britain, then for the first time, saw COR|RUPTION, like a destroying angel, walking at noon|day.—Charles pensioned his Parliament, and by it extinguished not only the spirit of freedom, but the sentiments of honour and the feelings of shame. Since the age of Charles, the science of bri|bery and corruption hath made amazing progress. Patriots of the last century told their countrymen what it threatned—the Worthies of this day ought rather to tell what hath been effected.

Near fifty years ago, there were more than two hundred persons holding offices or employments under the crown in the house of commons. * 1.79 Since that time this body like the military (and for the same purposes) have received very nota|ble additions.—Is it to be wondered, then, as we verge nearer to our own times, we should hear the most august assembly in the kingdom declaring to the whole world that

the influence of the crown is almost irresistable, being already overgrown and yet increasing.

* 1.80—that

the most valuable rights of the nation are subverted by arbitrary and illegal proceedings:—

* 1.81 that

a flagrant usurpation

(is made upon the subject)

as highly repugnant to every principle of the constitu|tion, AS THE CLAIM OF SHIP-MONEY BY KING CHARLES THE FIRST, or that of the dispensing power

by king James the second.?

* 1.82 Finally, consider|ing all that we have seen in the course of our re|view, could any thing else be expected, than what forty of the house of Lords openly protest they

have seen with great uneasiness,—a plan for a long 〈◊〉〈◊〉 SYSTEMATICALLY carried on, FOR LOW|ERING 〈◊〉〈◊〉, THE CONSTITUTIONAL POWERS OF THE KINGDOM, rendering the house of Commons 〈◊〉〈◊〉, and the house of 〈◊◊〉〈◊◊〉?

* 1.83

Here let us pause (my fellow citizens) and con|sider:—hath the execrable plan thus 〈◊〉〈◊〉 and for a long time pursued, at last taken effect? Are all the constitutional powers of Great Britain so lowered in the estimation of the people, that their representatives are detested, and their nobility despised? is their King possessed of power sufficient to make fear, a substitute for love? has he an army at his ab|solute command, with which no force in his empire is able to 〈◊〉〈◊〉?—judge ye, my countrymen, of these questions, upon which I 〈◊〉〈◊〉 not decide:—judge, for yourselves, of the political state of that kingdom, which claims a right of disposing of OUR ALL;—a right of laying every burden that power can impose; * 1.84—a right of over-running 〈◊〉〈◊〉 soil and freeholds with mercenary legions, and still more mercenary placemen and dependants. Thus luxury and riot, debauchery and havo••k are

to become the order and peace of our cities, and the stability and honour of our times. To this and like hopeful purposes—we find

the fullest directi|ons sent to the several officers of the revenue, that all the produce of the American duties, arising or to arise, by virtue of any British act of Parliament, should from time to time, be paid to the deputy pay-master in America to desrey the subsistence of the troops, and any military ex|pences incurred in the Colonies.

* 1.85 Highly fa|voured Americans! you are to be wasted with taxes and impositions in order to satisfy the char|ges of those armaments which are to blast your country with the most terrible of all evils—univer|sal corruption, and a military government. * 1.86

The reigns of past and present great monarchs when compared, often present a striking simili|tude. The Emperor Charles the fifth, having ex|alted the royal prerogative (or the influence of the crown) on the ruins of the privileges of the Casti|lians, allowed the name of the Cortes (or the Par|liament)

to remain; and the formality * 1.87 of holding it thus continued, he reduced it's authority and ju|risdiction to nothing, and modelled it in such a manner, that it became (says Dr. Robertson) rather a junto of the servants of the crown, than an assembly of the representatives of the people. * 1.88 The success of Charles in abolishing the privileges of the commons, and in breaking the power of the nobles of Castile, encouraged an invasion of the liberties of Aragon, which were yet more extensive.

Attend Americans! reflect on the situation of your mother country, and consider the late Con|duct of your Brethren in Britain towards this Con|tinent.

The Castilians (once high spirited and brave in the cause of freedom) accustomed to sub|jection themselves, ASSISTED (says the same il|lustrious historian) IN IMPOSING THE YOKE on their more happy and independent neighbours.

* 1.89—Hath not Britain (fallen from her pristine freedom and glory) treated America, as Castile did Aragon? have not Britons imposed on our necks the same yoke which the Castilians imposed on the happy Arago|nese? Yes!—I speak it with grief—I speak it with anguish—Britons are our oppressors:—I speak it with shame—"I speak it with indignation—WE ARE SLAVES."

As force first fixes the chains of vassalage, so cowardice restrains an inslaved people from bursting in funder their bands. But the case perhaps is not desperate till the yoke has been so

long borne, that the understanding and the spirits of the people are sunk into ignorance and barbarism, supineness and perfect inactivity. Such, I yet trust, is not the deplorable 〈◊〉〈◊〉 of the land of my nativity. How soon it may be—we shall tremble, when we reflect that the progress of thraldom is secret and its effects incredibly rapid, and dreadful. * 1.90 Hence we see nati|ons once the freest and most high spirited in Europe, abject in the most humlliating condition. The oath of allegiance to their king, exhibits the true standard of all just subjection, to go|vernment, and testifies a 〈◊〉〈◊〉 sense and spi|rit.

We, who are each of us as good, and who are altogether more powerful than you, promise obedience to your government, IF YOU MAINTAIN OUR RIGHTS AND LIBERTIES; IF NOT, NOT.

* 1.91 When a people, endowed with such under|standing, sentiments and virtue have fallen into a disgraceful vassalage—what have WE in this land, at this time, reason to fear?—The same Athenians who insulted and bid defiance to a Phillip of Macedon crouched and cowled at the feet of an Alexander. ROMANS who with righ|teous indignation expelled royalty and the ••ar|quins bore with infamy and shame the ravages of succeeding kings and emperors ENGLISH|MEN who rose with a divine enthusiasm against the first Charles, disgracefully submitted to the usurpation of a Cromwell, and then with unex|ampled folly and madness restored that odious and execrable race of tyrants, the house of Stewart. Examples, like these, ought to excite

the deepest concern;—at this 〈◊〉〈◊〉 they ought to do more—to inspire fortitude and action.

Providence from the beginning hath exercised this country with singular trials. In the earliest periods of our history, New-England is seen sur|rounded with adversaries, and alternately vexed with foes foreign and domestick. Pierce as her ene|mies were from abroad and savage as the Na|tives of America were within—her worst enemies will be ••ound those of her own household.—

Our fathers

left their native country with the strongest assurance that they and their po••••••|rity should enjoy the priviledges of free natu|ral born English subjects.

* 1.92 Depending upon these assurances, they sustained hard-ships scarce|ly parrelled in the annals of the world. * 1.93 yet compassion natural to the human breast did not re|strain internal foes from involving them in new calamities, nor did that disgrace and contempt which suddenly fell upon the conspirators damp the ardour of their malignity.

So early as 1633, (not fourteen years after the first arrival at Plymouth)

the new settlers were in perils from their own countrymen.

* 1.94 In this, the infant state of the country, while exposed to innumerable hardships, vexed with hostilities from Europe and the depredations of savages, there existed men, who "beheld the Massachusetts with an envious eye:" * 1.95 The characteristicks of the first conspirators against this province were secre••y and industry: they had

effected the mischief before the people knew of their danger. Morton in his letter to Jefferies of the first of may 1634, writes, that

the Massachusetts patent by an order of Council was brought in view and the privileges well scanned.

* 1.96 But by whom? very like some of more modern same: An arch-bishop, and the privy council of Charles the first! Excellent essay-masters, for New-En|gland priviledges,—most renowned judges of the rights and liberties of mankind!—They first dis|cover the Charter ("to be void," * 1.97 and then no doubt advise to the issuing of the commission found by my Lord Barrington in the 31st. vol. of Mr. Petyt's Manuscript,

a commission directed to the archbishop of Canterbury, the Lord chancel|lor, and other Lords of the privy council, by which they are impowered to prepare laws, for the better government of the Colonies,

which were afterwards to be enforced by THE KING'S PROCLA|MATION.

* 1.98

This was considered as a master-stroke of policy, and the public conspirators of the day display'd the plumage of triumph with that spirit and oftenta|tion * 1.99 which have descended to their successors. But how easy is it, with Providence, to disappoint the projects and humble the pride of man! Laud and his master in the subsequent periods of history are found too busied with their own concerns, to attend much to those of others. Hence this extraordinary Commission was never executed and the plan set on foot within three years after, "for revoking the patent of the Massachusetts," * 1.100

proved abortive. Literary correspondencies inimi|cal to the Province, commenced with Archbishop Laud, * 1.101 in 1638. * 1.102 But in the pious language of our fathers, "the LORD delivered them from the oppressor," * 1.103

against all men's expectations they were encouraged, and much blame and disgrace fell upon their adversaries.

* 1.104 Yet not|withstanding,

a spirit full of malignity against the country (not very long after) much endan|gered both it's civil and religious liberties.

* 1.105

More than a century agone,

the great privi|ledges of New-England were matter of envy,

* 1.106 and accordingly complaints multiplied to Crom|well, * 1.107 no doubt for the benevolent purpose of abridging (what were called) English Liberties.

All attempts to the prejudice of the colony being to no purpose

* 1.108 with the Protector, the adversa|ries of the province were despondent, untill the re|storation of Charles the 2d. gave new hopes; when

petitions and complaints were prefered against the Colony to the king in council, and to the Parliament.

* 1.109

"False friends and open enemies" now became the terror of the country, * 1.110 while now foes brought new charges to render it obnoxious. * 1.111

The great men and 〈◊〉〈◊〉 of the country, made their complaints also to the king.

* 1.112—The consequences were such as might be expected.

Four persons were sent over from England, one of them 〈◊〉〈◊〉 known and prosessed 〈◊〉〈◊〉 of the 〈◊〉〈◊〉 with such extraordinary powers (that OU•• ancestors with 〈◊〉〈◊〉 complain) they were to be subjected to the arbitrary power of strangers proceeding riot by any established law, but their own 〈◊◊〉〈◊◊〉.

* 1.113—How astonishingly uniform, how cruelly consistent has been the conduct of Britain from that day to the present?

Amid all these severe trials, the inhabitants of New-England, conducted with a virtue and piety worthy remembrance and imitation.

They ap|pealed to GOD, they came not into this wil|derness to seek great things for themselves, but for the sake of a poor and quiet life

—they testi|fied to their Sovereign that:

their liberties were dearer to them than their lives.

* 1.114

Evil minded men continue (however) to misrepresent them

, * 1.115 and what is almost incredible,

the distresses of the Colony, during a war, which excited com|passion in some, yet those very distresses were improved by others to render the Colony more obnoxious.

* 1.116

Although

this is certain, that as the Colony was at first settled, so it was preserved from ruin without any charge to the mother country

; * 1.117 yet

in the height of the distress of war, and whilst the authority of the Colony was contending with the natives for the possessi|on of the soil; complaints were making in Eng|land which struck at the powers of govern|ment.

* 1.118 With what ferocity have Americans been pursued from the earliest times? That Daemon of malevolence, which went forth at the begin|ning, still spirits up our adversaries and persecutes the country with unabated malice.

Randolph, who, the people of New England said, went up and down seeking to devour them,

* 1.119 was the next active emisary against the province.

He was incessant and open in endeavour|ing the alteration of the constitution.

* 1.120 In his open enmity, he appears far less odious; than those who have been equally inimical and equally indefatigable to the same purpose, with more cowardice, dissimulation, and

hypocrisy. Eight voyages were made across the Atlantic in the course of nine years by this invete|rate spirit, with hostile intentions to the govern|ment. * 1.121 Nor will it be surprising to find him thus expose his life upon the ocean, when such services acquired "new powers". * 1.122 Have we not seen in our own day, a similar policy adopted, and the same object operating as a motive to the like execrable conduct? Such has been the strange, tho' unhappily consistent, conduct of our mother-coun|try, that she has laid temptations and given rewards and stipends to those who have slandered and be|trayed her own children. Incited probably by the same motive. Cranfield rose up as in league with Randolph, and "infaniously represented the co|lony as ••••gties and rebells." * 1.123

Libels and conspiracies of this nature called for the interposition of authority: express laws were enacted for the prevention of like treasonable practices for the future and death being deemed the proper punishment for an enemy to his country, traitors to the constitution were to suffer that pen|alty. Thus a

conspiracy to invade the common|wealth, or any treacherous attempt to alter and sub|vert fundamentally the frame of policy and govern|ment was made a capital offence.

* 1.124 Did our laws now contain a like provision, public conspirators and elevated parricides would tremble for their heads, who do not shudder at the enormity of their crimes. There are characters in society to devoid of virtue and endued with ferocity, that nothing

but sanguinary laws can restrain their wickedness. Even the distress and cries of their native country excite no compassion: reverence for fathers and affection for children cause no reluctance at mea|sures which stain the glorious lineage of their ancestors with infamy, and blast their spreading progeny with oppression.—that emanation from the Deity which creates them intelligents, seems to cease it's operation, and the tremendous idea of a GOD and futurity, excites neither repentance or reformation.

Thus may countrymen, from the days of Gardi|ner and Moreton, * 1.125 Gorges and Mason, * 1.126 Ran|dolph and Cranfield * 1.127 down to the present day, the inhabitants of this Northern region have constantly been in danger and troubles from foes open and secret, abroad and in their bosom. Our freedom has been the object of envy, and to make void the charter of our Liberties the work and labor of an undimin|ished race of villains. One cabal having failed of success, new conspirators have rose, and what the first, could not make "void", the next "humbly desired to revoke." * 1.128 To this purpose one falshood after another hath been fabricated and spread abroad with equal turpitude and equal effrontery. That minute detail which would present actors now on the stage is the province of HISTORY:—She, inexora|bly severe towards the eminently guilty, will deline|ate their characters with the point of a diamond:—and thus blazoned in the face of day, the abhorrence and execrations of mankind will consign them to an infamous immortality.

So great has been the credulity of the British Court, from the beginning, or such hath been the activity of false brethren, that no tale inimical to the Northern Colonies, however false or absurd, but what hath found credit with administration, and operated to the prejudice of the Country. Thus it was told, and believed in England, that we were not in earnest in the expedition against Canada at the beginning of this century, and that the country did every thing in its power to defeat the success of it, and that the misfortune of that attempt ought to be wholly attributed to the northern colonies. While nothing could be more obvious, than that New-England had exhausted her youngest blood and all her treasures in the undertaking; and that every motive of self-preservation, happiness and safety must have ope|rated to excite these provinces to the most spirited and persevering measures against Canada. * 1.129

The people who are attacked by bad men have a testimony of their merit, as the constitution which is invaded by powerful men, hath an evi|dence of it's value. The path of our duty needs no minute delineation:—it lies level to the eye. Let us apply then, like men sensible of it's impor|tance and determined on it's fulfillment. The in|roads upon our public liberty call for reparation: The wrongs we have sustained call for—justice. That reparation and that justice may yet be ob|tained by union, spirit and firmness. But to di|vide and conquer was the maxim of the Devil in the garden of Eden—and to disunite and inslave hath been the principle of all his votaries from that

period to the present. The crimes of the guilty are to them the cords of association, and dread of punishment, the indissoluble bond of union. The combinations, of publick robbers ought, therefore, to cement patriots and heroes: and as the former plot, and conspire to undermine and destroy the common-wealth, the latter ought to form a com|pact for opposition—a band of vengeance.

What insidious arts, and what deteitable practi|ces have been used to deceive, disunite and enslave the good people of this Continent? The mystical appellations of loyalty and allegiance, the venera|ble names of government and good order, and the sacred ones of piety and public virtue have been alternately prostituted to that abominable purpose. All the windings and guises, subterfuges and doublings, of which the human soul is susceptible, have been displayed on the occasion. But secrets which were thought impenetrable are no longer hid; characters deeply disguised are openly re|vealed: the discovery of gross impostors hath gen|erally pr••ceeded, but a short time, their utter extir|pation.

Be not again, my country men,

EASILY capti|vated with the appearances ONLY of wisdom and piety—professions of a regard to liberty and of a strong attachment to the publick interest.

* 1.130 Your fathers have been explicitly charged with this folly by one of their posterity. Avoid this and all similar errors. Be cautious against the deception of ap|pearances. By their fruits ye shall know them, was the saying of ONE who perfectly knew the hu|man heart. Judge of affairs which concern social happiness by facts:—Judge of man by his deeds. For it is very certain, that pious zeal for days and times, for

mint and cummin hath, often, been pretended by those who were infidels at bottom; and it is as cer|tain, that attachment to the dignity of Government, and the King's service, hath often flowed from the mouths of men who harboured the darkest ma|chinations against the true end of the former, and were destitute of every right principle of loyalty to the latter. Hence then, care and circumspection are necessary branches of political duty. And as

it is much easier to restrain liberty from run|ning into licentiousness, than power from swell|ing into tyranny and oppression,

* 1.131 so much more caution and resistance are required against the over-bearing of rulers, than the extravagance of the people.

To give no more authority to any order of state and to place no greater public confidence in any man, than is necessary for the general wellfare, may be considered by the people as an important point of policy. But though craft and hypocrisy are prevalent, yet piety and virtue have a real existence: duplicity and political imposture abound, yet bene|volence and public spirit are not altogether banished the world. As wolves will appear in sheep's-cloath|ing, so superlative knaves and parricides will assume the vesture of the man of virtue and patriotism.

These things are permitted BY PROVIDENCE, no doubt, for wise and good reasons. Man was cre|ated a rational, and was designed for an active be|ing. His faculties of intelligence and force were given him for use. When the wolf, therefore, is found devouring the flock, no hierarchy forbids a seisure of the victim for sacrifice; so also, when

dignified impostors are caught destroying those, whom their arts deceived and their stations destined them to protect,—the sabre of justice flashes right|eousness at the stroke of execution.

Yet be not amused, my Countrymen!—the ex|tirpation of bondage, and the reestablishment of freedom are not of easy acquisition. The worst passions of the human heart, and the most subtle pro|jects of the human mind are leagued against you; and principalities and power have acceded to the combination. Trials and conflicts you must, there|fore, endure;—hazards and jeopardies—of life and fortune—will attend the struggle. Such is the 〈◊〉〈◊〉 of all noble exertions for public liberty and social happiness.—Enter not the lists without thought and consideration, left you arm with timidity and com|bat with irresolution. Having engaged in the con|flict, let nothing discourage your vigour, or re|pel your perseverance:—Remember, that submissi|on to the yoke of bondage is the worst that can befall a people after the most fierce and unsuccessful resistance. What can the misfortune of vanquish|ment take away, which despotism and rapine would spare? It had been easy (said the great law-giver Solon to the Athenians,) * 1.132 to repress the advances of tyranny, and prevent it's establishment, but now it is established and grown to some height it would be MORE GLORIOUS to demolish it. But nothing glori|ous is accomplished, nothing great is attained, no|thing valuable is secured without magnanimity of mind and devotion of heart to the service.—BRUTUS|LIKE, therefore, dedicate yourselves at this day to to the service of your Country; and henceforth live A LIFE OF LIBERTY AND GLORY.—

On the

ides of March

(said the great and good man to his friend Cassius just before the battle of Phi|lippi)

On the ides of march I DEVOTED MY LIFE to my Country, and since that time, I have liv|ed A LIFE OF LIBERTY AND GLORY.

Inspired with public virtue, touched with the wrongs and indignant at the insults offered his Country, the high-spirited Cassius exhibits an he|roic example:—"Resolved as we are", (replied the hero to his friend)

resolved as we are, let us march against the enemy, for tho' we should not conquer, we have nothing to fear

* 1.133

SPIRITS and GENII, like these, rose in Rome—and have since adorned Britain: such also will one day make glorious this more Western world. AMERICA hath in store her BRUTI and CASSII—her Hamp|dens and Sydneys—Patriots and Heroes, who will form a BAND OF BROTHERS:—men who will have memories and feelings—courage and swords:—courage, that shall inflame their ardent bosoms, till their hands cleave to their swords—and their SWORDS to their Enemies hearts.

FINIS.

Notes

• * 1.1

  Since this treatise was advertised in the public papers, as be|ing in the press, the author hath received, from the British Coffee-House, an anonymous Let••ter, in which he is represented as being "in eminent hazard of THE LOSS OF LIFE and confiscation of estate:" It is said, that

  I shall very probably get into the hands of a power, from which no power I can call to will be able to deliver me.

  —There is (says the writer)

  but one expe|dient left to save me:

  —

  Employ, for GOD's sake, those rare talents, with which (faith the artful flatterer) he hath blessed you, in convincing THE PEOPLE that they have nothing to do, but to SUBMIT, and make their peace WITH GOVERNMENT:—You may, (continues be) by this means probably make your peace, and ward off the punishment that hangs over your head. It is 〈◊〉〈◊〉 possible, THAT GOVERNMENT may still continue IT'S GREAT LENITY, and overlook your offences.

  The Reader is left to his own Reflections.
• * 1.2

  2 Vol. Mass. Hist. page 156.
• * 1.3

  Hist. Scotland, 1 Vol. page 167.
• * 1.4

  2 Vol. Lord's Prot. Edit. 1767. p. 141. Anno 1736.
• * 1.5

  Marq: Beccaria.
• * 1.6

  The modes of government which have been imposed on cre|dulous man, have been not only deficient in producing the just ends of government; viz. the full and impartial security of the rights of nature; but also, have been rather formida|ble and dangerous cabals against the peace, happiness and dig|nity of society. Macaulay's observations on Burke's thoughts, &c. Edit. 5. P. 10.
• * 1.7

  This (standing army) is a monster, that will devour all your liberties and properties—there is a time for all men to speak, and now, when our liberties are at stake, duty to GOD, our Prince and country forbid to be silent. Sir John Hotham's speech in Parliament 1673. Grey's debates 2 vol. page 391.
• * 1.8

  Plut. Life of Caesar.
• * 1.9

  Ib.
• * 1.10

  •• Ib.
• * 1.11

  All this, and much more, hath Boston been witness to.
• * 1.12

  See Roussea••'s Social Comp. 202.
• * 1.13

  Plut. Life Tib. Grac.
• * 1.14

  See 1 Ela. Com. p.〈◊〉〈◊〉
• * 1.15

  "It is grown a principle among the army (an ill oursery for young men) that Parliaments are roots of rebellion. Sir John Hotham in the house of commons 1673. Grey's debates in Parliament 2 vol. 203.
• * 1.16

  See 1 vol Lds. Prot. 280. Anno 1717.
• * 1.17

  Ib. 283.
• * 1.18

  Montesq. Sp. Laws, 15. 12. and 1 Bla. Com. 416.
• * 1.19

  See Sp. Laws 348, 2 Edit.
• * 1.20

  See 1 Dr. Robertson's hift. Charl 5. P. 3.
• * 1.21

  Part of a noble speech recorded by Tacitus (vita Agrie:) of an old Briton to his followers, exciting them to free their country, them a Province of Rome, from the yoke of bondage.
• * 1.22

  See the life of Theod. Arip. D'Aubigne. p. 38.
• * 1.23

  Whoever wants information of the spirit, cruelty and rapine of soldiers quartered in popular cities, let them peruse the first book of the ele••ant and instructive history, written by the masterly hand of Tacitus,
• * 1.24

  See Temple's obs. upon the united Provinces p. 〈◊〉〈◊〉. 17. 19.
• * 1.25

  Sixth Book of the 〈◊〉〈◊〉. of Ph: De Commines p. 206. London Edit. 1614.
• * 1.26

  Hist. Charl. 5. 1 vol. p. 95. See also 2 McCaulay's Hist, of England p. 165. Sir John Phillip's Speech in the British house of Commons, 1744. Debates of the Commons 2 vol p. 61.
• * 1.27

  Our trained bands are the truest and most proper strength of a free nation. Eikenokla••••es of John Milton.
• * 1.28

  Hume 278.
• * 1.29

  Of a like opinion was Sir Thomas Lee in Charles the 2d's reign. See Grey's debates 2 vol. 391. In order to discourage the train bands in Charles the first's time, the court found means to enhance the price of powder; and it was accordinly complained of in Parliament as "a great grievance" See Rush. Coll. vol. 1 p. 33.—Let us not be surprized, if any like artifice should be practiced in our day.
• * 1.30

  Hume 279.
• * 1.31

  See 〈◊〉〈◊〉 Robertson's Hist. of Scotland. 1 vol. p. 204,5.
• * 1.32

  See Rapin.
• * 1.33

  See the late Gover, Bernard's Speeches.
• * 1.34

  See before p. 31
• * 1.35

  See Sallust.
• * 1.36

  M T Cic••ro. See Plut. Life of Caesar.
• * 1.37

  A similar infatuation hath, oftner than once, prevailed in this Province: an instance of which we have in the time of Governor Dudley. This Gentleman

  after he had been agent for the Country, tacked about, and joined with the instru|ments that overthrew the charter, and accepted an illegal and arbitrary Commission from King James, by which he held the Government, until the arrival of Sir Edmund Andross; and then was, (as president of the Council, and Chief Judge of the territory,) a chief tool of all the insu|ing, barbarous and infamous administration. After his appointment to the Government, his conduct was of the same texture with his former life: (it was his Son Paul, who wrote to England, that this Country would never be worth living in, for lawyers and Gentlemen, till THE CHARTER IS TAKEN AWAY.

  )—yet such was the dulusion at that day,

  Some of the Council would firmly believe charitably of him because his family and interest werehere, and therefore thought it unreasonable to believe he would do any thing that should hurt his Country.

  See a Book published in London, about 1708, intitled

  The deplorable slate of New-England, by rea|son of a coveteous and treacherous Governor and pusillanimous Counsellors.

  P. 3 & 9. &c.
• * 1.38

  Justice was faction in antient Rome as well as modern Bri|tain. See Mc Cauley's hist. 405. Montagu's rise and fall of the antient Repub. 275.
• * 1.39

  Plut. Life of Caesar.
• * 1.40

  Thus also the Bishop of Verdun, who was the modern contriver of a new species of State-prison (for which, many have cursed him) was by the righteous dispensation of providence, first put into it himself and confined "in the cruel prison" fourteen years. Phil: De Com. Hist. p. 216.
• * 1.41

  It was an observation applied by the first settlers of New|England to their great consolation, that when wicked men are nearest their hopes, godly men are furthest from their fears, be|cause the insolence and cowardice of the wicked usually engage GOD to defeat their design.
• * 1.42

  Speech to both Houses February 1672. ••and 7 Grey's Deb. in Parliat. p. 26.
• * 1.43

  Johnson's Works, p. 312.
• * 1.44

  Grey's Debates, 2 vol. p. 219. 393.
• * 1.45

  7 Grey's Debates, in Parl. p. 71, 2, 3.
• * 1.46

  See. King's Speech October 1678.
• * 1.47

  Rapin.
• * 1.48

  8 vol. Grey's Debates 36••,6.
• * 1.49

  Patriae Patri, Regum optimo was part of an inscription on the marble statue erected to Charles the second, as worthless and odious a Prince as any in the history of England. See Rapin 734. Fol. Edit.—Even Richard (the third) generally represented, both as a monster in person and disposition, hath however had panegvrists who affirm, that he was remarkably genteel, and the best of Kings. See Barrington's Obs. on the more ancient statutes. p. 392,3. Thus that insolent tyrant, Hen. 8th. who disgraced his species by repeated violations of his most solemn vows and the practice of open debau••••ery and riot; a despot, who, lost to the com|mon feelings of humanity made his laws more bloody than those of Draco or Diony••ius, and caused a greater number of executions, than any other King of England, is characte|rized on the Journals of the house of Lords, as a Prince of wonderous goodness and wisdom. See the same Observations 461, 2 and 472. Surely He who calls the REIGNING MONARCH. "the wisest and best of Kings" ought always to be suspected of burlesque and sarcasm, or something worse.
• * 1.50

  See 2 vol. Debates in the ••ouse of Commons. p. 56,7,8.
• * 1.51

  By a numerous army and a severe riot act, you may indeed prevent mobs and riots among the people; but if this me|thod be pursued for a long time, you will make your mini|sters tyrants and your people slaves. Sir John Bernard's speech in the British house of Commons, 1744 2 vol. Debat. p. 118. Qu. If this method hath not been thus pursued? and Qu. Whe|ther the prophecy is fulfilling, or already accomplished in Great-Britain?
• * 1.52

  Plu. Life of Lysander
• * 1.53

  Plu. Life of 〈◊〉〈◊〉
• * 1.54

  Whoever uses a 〈◊〉〈◊〉 army (says the great Ld. Chancellor Bacon) tho' he may spread his feath•••••• for a time, he will mew them soon after; and raise them with what design you please, ye••, like the West-India dogs, in Boccaline, in a little time, they will certainly turn sheep-biters.
• * 1.55

  See Dr. Sullivan's lectures on the laws of England. p. 56.
• * 1.56

  Sir Robert Atkins (afterwards Ld. Ch. Justice of the Common Pleas in England) said in Parliament, (anno 1667.)—

  Six Emperors in five years had their heads tumbled down by a military government.

  Grey's debates in Parl, 1 vol. p. 23.
• * 1.57

  See Ld's Protest. 273. vol. 3.
• * 1.58

  See same Book p. 279
• * 1.59

  A law unknown to our constitution, destructive of our liberties, not indured by our ancestors, and never mentioned in any of our statutes, but in order to condemn it, 2 vol. Lord's Prot. 283.
• * 1.60

  Very notable instances of this have been seen in this Province—which will be recorded to the eternal infamy of those who brooked the insult.
• * 1.61

  See 1 vol. Lord's Prot. 377,8
• * 1.62

  See 2 vol. Ld's Protest. p. 162.
• * 1.63

  See the declarative act of the British Parliament Anno 1766. From that period (Sir Robert Walpole's day) to the present time (1762) has proved a very remarkable one in the history of the British constitution:—no one instance can be produced in which the royal business has been retarded, through the scrupulousness of the people's representatives. Political essays concerning the present state of the British Empire. From the revolution to this day (1762) the measures of the crown have UNIVER|SALLY been the measures of Parliament. Ib. p. 46.
• * 1.64

  See hereafter.
• * 1.65

  Eadem Magistratum vocabula, sua consulibus, sua praetoribus species.
• * 1.66

  If the king could at pleasure levy the necessary sums of money (for the expences of government &c.) he being sole Judge of the necessity, both as to measure and quantity, as Charles the first claimed, in the case of ship-money, the state of the subjects would be precarious, and the king would be as absolute a monarch as the present king of France or Spain. Dr. Sullivan's lectures on the laws of England 189. What is it to America, whether the King or the Parliament of Great-Bri|tain, or any other body natural or political is absolute master ••ver her••—and where is the difference between French, Spa|nish, and English Dragooning?—In the reign of Charles the 2d. a wooden shoe, such as the Peasants wear, in France, was laid near the chair of the Speaker of the Commons-house:—the arms of England drawn at one end of it, and those of France at the other, with these words in the interval, utrum ho|rum mavis accipe, 2 Grey's debates, 223..
• * 1.67

  See Sir. Robert Carr's Harangue in Parliament: 1673. Grey's debates, 2 vol 220.
• * 1.68

  Commons of Great-Britain.
• * 1.69

  3 Bla. Com. 135.
• * 1.70

  1 Bla. Com. 336,7.
• * 1.71

  1 Blae. Com. 245.
• * 1.72

  Galba had the greatest integrity of heart: but in the court of Galba appeared all the extortion of Nero's reign:—and as the rapacity and other excesses of his ministers were imputed to him, Galba was no less hated, than if he had committed them himself. Plut. life of Galba.—See also to the same point Gord. Dise: on Tacitus, 3 vol. 19 35. 38. 79. A Monarch justly dignified with the appellation—"of the wisest and best of kings"—will surely receive some advantage by attentively contemplating an instance so 〈◊〉〈◊〉 with instruction.
• * 1.73

  See Gordon's Disc. on Sallust 6. ss. 3. p. 128.
• * 1.74

  1 vol. Ld's Prot. 282.
• * 1.75

  See 1. vol. Ld's Prot. 315. Anno 1721.
• * 1.76

  See 2. vol. Ld's Prot. 80.
• * 1.77

  See 2 vol.. Ld's Prot. 83.
• * 1.78

  See same Book and page, the Reader is desired to read again p. 56 and the note at p. 57: See also hereafter p. 68
• * 1.79

  See Lrd's Prot. p. 66. Anno 1729.
• * 1.80

  See Ld's Prot. 8 Feb. 1760. 〈◊〉〈◊〉 to 〈◊〉〈◊〉 Prot. p. 9.
• * 1.81

  See same book p. 12. Jan. 1772.
• * 1.82

  Same book p. 22,3. Feb. 1770.
• * 1.83

  See 〈◊〉〈◊〉 to Ld's prot. p. 29. Anno. 1770.
• * 1.84

  It will be proper to lay on the Americans EVERY 〈◊〉〈◊〉 which the hand of power can impose, if they should attempt to become manufacturers. Conduct of Ad|ministration examined, 1767. p. 62.—THUS Americans are 〈◊〉〈◊〉 for an attempt only to do, what is their duty as soon as possible to effect, and what no Power on earth can certain without violating the laws of God and nature.
• * 1.85

  2 vol. Ld's Prot. p. 291. 1766. By the Lords who entered their protest against the repeal of the American stamp-act.
• * 1.86

  Englishmen in the reign of Henry the 4th had the virtue and courage to "declare it in Parliament as the und••••bted right of the Kingdom, not to be charged with ought, for the de|fence of the realm, or safeguard of the seas, but by their own will and consent in Parliament". The rights of the king|dom p. 146. edit. 1682. Had Britons in the age of Geo. 3d. been as considerate of the spirit of their laws and constitution, or attentive to that old rule—to do 〈◊〉〈◊〉 you would be done by—they would not have charged America with a large revenue for "the subsistence of troops and military expences" without consul|ting it's local Parliaments, and against the will of it's Commons; more especially since it was the position of that able, tho' most arbitrary prince, Edward the first of England, touching mar|tial affairs—Qued 〈◊◊〉〈◊◊〉, ab ••mnitus opprobetur.
• * 1.87

  See before p. 56,7 65.
• * 1.88

  3. vol. hist. of Charles ••. p. 434. See also before p. 56,7 And the note there—and also p. 65.
• * 1.89

  Hist. 〈◊〉〈◊〉. 5. 3 vol. p. 434.
• * 1.90

  The loss of liberty (says that sagacious politician Tacitus) is ever accompanied with the loss of spirit and magnanimity.
• * 1.91

  Dr. Robertson's hist. Chal. 5. 1 vol. 153. Vita Agric:
• * 1.92

  See Hutch. hist. 1 vol. Pref. p. 4.
• * 1.93

  See same hist. p. 19. 45. 〈◊〉〈◊〉 p. 538.
• * 1.94

  Same hist. p. 31.
• * 1.95

  ••••. p. 31.
• * 1.96

  1 Hutch. p. 31.
• * 1.97

  Same page
• * 1.98

  Barr: obs: on the more ant: Statutes p. 146. note.
• * 1.99

  See Morton's Let: before cited.
• * 1.100

  1 Hutch: hist. p. 48 & 51.
• * 1.101

  Laud was the favourite character selected for a correspon|dent by the American letter-writers of the last century; in the next age mankind will be as well acquainted with the genius and spirit of some more modern British correspon|dents, as they now are with the temper of that renowned prelate.
• * 1.102

  1 Hutch: hist. p. 86.
• * 1.103

  Morton's Memo. p. 15.
• * 1.104

  Same book 35. See also Collect. of orig. papers &c. p. 52.
• * 1.105

  Morton's memo. 96. 187.
• * 1.106

  Hutch: hist. 194.
• * 1.107

  Ib. 192. 194.
• * 1.108

  Ib. 194.
• * 1.109

  Ib. 211.
• * 1.110

  Hutch. hist. p.220.
• * 1.111

  Ib. 224,5.
• * 1.112

  Appen. Hutch: hist. No. 15. Another native of ••New-England•• 〈◊〉〈◊〉 (we have seen 〈◊〉〈◊〉) the year 1705, wrote to England, that

  this country, would never be worth living in for Lawyers, and Gentlemen, until the CHARTER was taken away.
• * 1.113

  Huth. hist. 232.
• * 1.114

  Ib. 232,3. Appen. No 16. p. 542.
• * 1.115

  See same hist. 242,3.
• * 1.116

  〈◊〉〈◊〉 hist. 313. Anno 1676.
• * 1.117

  Ib. 310. See also in confirmation of the above: same hist. 93.—114. 2 vol. 130. 204
• * 1.118

  Ib. 310. 31••.. The dominion of the crown over this country before the arrival 〈◊〉〈◊〉 our pr••de••esson was meerly ideal. Their removal hither realized that dominion, and has made the country va|luable both to the Crown and Nation, without any cost to either of them from that time to this. EVEN IN THE MOST DISTRESSED STATE of our Predecessors, when they expected to be destroyed by a general conspiracy and in••••••sion of the Indian natives THEY HAD NO ASSISTANCE FROM THEM. The answer of the Council of the Province to Governor Hutch|inson's Speech 25th of Jan. 1773.
• * 1.119

  Hutch: hist. p. 319.
• * 1.120

  Ib. 335,6
• * 1.121

  Hutch: hist. 329.
• * 1.122

  Ib. 329.
• * 1.123

  Ib. 337.
• * 1.124

  ib 442. See p. 295, 336.
• * 1.125

  Hutch: hist. 31,2. Anno 1632.
• * 1.126

  Ib. 51. Anno 1636.
• * 1.127

  Ib. 337. And Collect of 〈◊〉〈◊〉 papers, &c. p. 477. &c.
• * 1.128

  Ib. 31. 2. 5.
• * 1.129

  See Jer. Dummers Letter to a Noble Lord Edit. 1712. p. 12•• 13 &c.
• * 1.130

  Hutch: hist. 1 vol. p. 53.
• * 1.131

  2 vol. Lords Prot. p. 141. Anno 1736.
• * 1.132

  Plut: Life of Solon.
• * 1.133

  Plut. Life of Brutus.