ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, June 10, 1771.]
Messieurs EDES & GILL,
BENEVOLUS, in Mr. Draper"s Gazette seems to have no doubts in his mind, but that "a general air of satisfaction arising from the accounts given in the last Monday"s papers of the present state of our publick affairs will shew itself universally thro" the province." I have no inclination to disturb the sweet repose of this placid gentleman; but I must confess I see no cause for such a general air of satisfaction from those accounts, and I will venture to add, that there is no appearance of it in this town - Does Benevolus think it possible for the good people of this province to be satisfied, when they are told by the Governor, as appears by the last Monday"s papers, that he is restrained from holding the court in its antient, usual and most convenient place without his Majesty"s express leave? Does not the charter say that the Governor shall have the power of acting in this matter "as he shall judge necessary"?
Is it not of great importance to the welfare of the province that the Governor should be vested with such a power, and that he should exercise it without restraint? While he is, or thinks himself fetter"d, by an absolute instruction to hold the a.s.sembly out of the town of Boston, to the inconvenience of the members. and the injury of the people, as the present House of Representatives express it, can he be said to have the free exercise of all the powers vested in him by the charter, which is our social compact? Will it yield such a general satisfaction to the people as Benevolus expects, to see their Governor thus embarra.s.s"d in his administration, and to hear him expressly declaring, that he must ask leave, and be determin"d by the judgment of another in the matter in which it is his indispensible duty to act with freedom, and by the determination of his own judgment. - Is not this power devolv"d upon him by the const.i.tution of the province for the good of the people? Is it not a beneficiary grant, and therefore a right of the people? And if instructions may controul him in the exercise of one charter right, may they not controul in the exercise of any or every one? And yet Benevolus would fain have it thought that there is a general satisfaction in the town of Boston arising from this account, and doubts not but it will run thro" the province. Does not the present House of Representatives in their Remonstrance to the Governor against the holding the a.s.sembly at Cambridge, instead of "departing from the principles" as Benevolus would insinuate, adopt the remonstrances of the two houses of the last year as founded upon just principles? Do they not tell his Excellency that the holding the a.s.sembly at Cambridge "was consider"d as a GRIEVANCE by the people in general in the province; and that while it is continued it will have a tendency to prevent a restoration of that harmony, between the several branches of the general a.s.sembly, which is so earnestly to be desired by all good men"? And is it so pleasant a story to be told to the people of the province, that the Governor either cannot, or will not, remove a Grievance of so fatal a tendency, though expressly vested by the charter with the power of doing it if he pleases, without asking leave to do it? How then can Benevolus possibly entertain the least hopes that a general air of satisfaction will run thro" the province?
Is not this Instruction a novelty? Was ever a Governor before thus restrain"d? And is it not a mortifying circ.u.mstance that a gentleman from whom the clergy of the province, (I mean the goodly number of SEVENTEEN out of near four hundred in the province, full seven eighths of whom never heard that an address was intended) have express"d the most sanguine expectations as being born and educated among us, and who we are told accepted the government with great reluctance, should submit to be shackled with an instruction so grievous to the people while it is obey"d: And if HE is as resolv"d as any other Governor would be, to make Instructions the rule of his governing, and give them the force of laws in this province, as he certainly appears to be, what "distinguishing mark of favor" is it, or what satisfaction can it afford the people in general, that "a native of the province is appointed to preside over it"? - Surely Benevolus must either be totally inadvertent to the accounts of the state of our publick affairs as given to us in the last Mondays papers, or he must have altogether confided in the accounts of a confused writer in the Evening-Post, who in the old stile of the hackney"d writers in Bernard"s administration, tells us that FACTION is now at an end; and with an awkward air of gravity insinuates, that the people, after having n.o.bly struggled for their freedom, are, under the benign influence of the present administration, "returning to their right senses ". A firm and manly opposition to the attempts that have been made, and are still making, to enslave and ruin this continent, has always been branded by writers of this stamp, with the name of a FACTION. Governor Bernard used to tell his Lordship, that it was an "expiring faction"; with as little reason it is now said to have given up the ghost: Gladly would some, even of the Clergy, persuade this people to be at ease; and for the sake of peace under the administration of "a son of the province", to acquiesce in unconst.i.tutional revenue acts, arbitrary ministerial mandates, and absolute despotic independent governors, &c. &c. But the time is not yet come; and I am satisfied that, notwithstanding the address of a few who took the opportunity to carry it through, while only the small number of twenty-four were present, there is in that venerable order a great majority, who will not go up to the house of Rimmon, or bow the knee to Baal.
CANDIDUS.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, June 17, 1771.]
Messieurs EDES & GILL,
It is not very material whether the Address of the Convention of the Clergy, as it is called by the Layman, in Mr. Draper"s last Paper, was the Act of seventeen or twenty three Gentlemen, or whether there were only twenty-four or thirty present, when the Vote was procured. - Be it as it may, it is a Question, why this Matter was bro"t on and finished so early, and when so small a Number as thirty, if so many, were present. - It is said that after the Address was Voted, the Number increased to Sixty; and upon a Proposal to reconsider the Vote, "not above Ten of that Number voted for such Reconsideration."
Allowing this to be the Case, it appears, that not more than one in seven of the Congregational Clergy of this Province were at the Meeting, and in all Probability seven-eighths of that Denomination never heard that an Address was intended; for I am told, that upon a moderate Computation, their Number in the Province is at least upwards of Four-Hundred. I should be glad therefore, if the Reverend Doctor who presided at the Meeting, would inform us, with what Propriety the World is told, that this was "the Address of the Congregational Ministers of the Province."
For my own Part, I pay very little Regard to Addresses to Great Men: Whenever they appear to be but the Breath of Flattery, they must be offensive to the Ears of any Man who has the Feelings of Truth and Sincerity in his own Breast. -There is no Question but the Clergy have a Right to address whom they please; and it is not strange to find some of them ready to make their Compliments to a Governor - It is in Course: But of all Men, we are to expect from them, even upon such Occasions, Examples of that Simplicity and G.o.dly Sincerity, which we so often hear them inculcate from the Pulpit - I do not pretend to charge them with a Failure in this Instance: But I cannot help thinking, that rather more of those excellent Christian Graces would have appeared in these Reverend Addressers, if they had ascertained the Number present. This might have prevented a Mistake in many of the distant Readers, who may possibly conceive that "so kind, so affectionate an Address," contained the declared Sentiments of a Majority at least of the "respectable and venerable" Body of the Clergy of the Province; which cannot be true, if in Fact not more than a seventh Part of them knew any Thing about it - I am with due Veneration for "the Congregational Ministers of the Province."
CANDIDUS.
THE HOUSE OF REPRESENTATIVES OF Ma.s.sACHUSETTS
TO BENJAMIN FRANKLIN.1
[Boston Gazette, July 29, 1771; a text from the Bowdoin MS. is in Proceedings of Ma.s.sachusetts Historical Society, Ser. I., vol. viii., pp. 468-473.]
PROVINCE OF Ma.s.sACHUSETTS BAY,
June 29, 1771.
SIR,
Your letter of the 5th of February2 has been laid before the House: The contents are important and claim our fixed attention.
We cannot think the doctrine of the right of Parliament to tax us is given up, while an act remains in force for that purpose, and is daily put in execution; and the longer it remains the more danger there is of the people"s becoming so accustomed to arbitrary and unconst.i.tutional taxes, as to pay them without discontent; and then, as you justly observe, no Minister will ever think of taking them off, but will rather be encouraged to add others. - If ever the provincial a.s.semblies should be voluntarily silent, on the Parliament"s taking upon themselves a power thus to violate our const.i.tutional and Charter Rights, it might be considered as an approbation of it, or at least a tacit consent, that such a power should be exercised at any future time. It is therefore our duty to declare our Rights and our determined Resolution at all times to maintain them: The time we know will come, when they must be acknowledged, established and secured to us and our posterity.
We severely feel the effects, not of a revenue raised, but a tribute extorted, without our free consent or controul. Pensioners and Placemen are daily multiplying; and fleets and standing armies posted in North America, for no other apparent or real purpose, than to protect the exactors and collectors of the tribute; for which they are to be maintained, & many of them in pomp & pride to triumph over and insult an injured people, and suppress if possible, even their murmurs. And there is reason to expect, that the continual increase of their numbers will lead to a proportionable increase of a tribute to support them. What would be the consequence? Either on the one hand, an abject slavery in the people, which is ever to be deprecated; or, a determined resolution, openly to a.s.sert and maintain their rights, liberties and privileges. The effects of such a resolution may for some time be r.e.t.a.r.ded by flattering hopes and prospects; and while it is the duty of all persons of influence here to inculcate the sentiments of moderation, it will in our opinion, be equally the wisdom of the British administration, to consider the danger of forcing a free people by oppressive measures into a state of desperation. We have reason to believe that the American Colonies, however they may have disagreed among themselves in one mode of opposition to arbitrary measures, are still united in the main principles of const.i.tutional & natural liberty; and that they will not give up one single point in contest of any importance, tho" they may take no violent measures to obtain them. - The taxing their property without their consent, and thus appropriating it to the purposes of their slavery and destruction, is justly considered, as contrary to and subversive of their original social compact, and their intention in uniting under it: They cannot therefore readily think themselves obliged to renounce those forms of government, to which alone for the advantages imply"d or resulting, they were willing to submit. We are sensible, as you observe, that the design of our enemies in England, as well as those who reside here, is to render us odious as well as contemptible, and to prevent all concern for us in the friends of liberty in England; and perhaps to detach our Sister Colonies from us, and prevent their aid and influence in our behalf, when the projects of oppressing us further and depriving us of our Rights by various violent measures, should be carried into execution. In this however, we flatter ourselves they have failed: But should all the other Colonies become weary of their liberties, after the example of the Hebrews, this Province we trust, will never submit to the authority of an absolute government.
We are now led to take notice of another fatal consequence, which we are under strong apprehensions will follow from these parliamentary revenue laws; and that is, the making the governors of the colonies, and other officers, independent of the people for their support. You tell us there is no doubt of such intention, and that it will be persisted in, if the American revenue is found sufficient. We are the more inclin"d to believe it, not only because the governor of the province of New-York has openly declared it with regard to himself, to the a.s.sembly there; but because the present governor of this province has repeatedly refused to accept of the usual grant for his support, tho" he has not been so explicit as to a.s.sign a reason for it. The charter of this province recognizes the natural Right of all men to dispose of their property: And the governor here, like all other governors, kings and potentates, is to be supported by the free grants of the Representatives of the people. Every one sees the necessity of this to preserve the balance of power and the freedom of any state: A power without a check, is subversive of all freedom: If therefore the governor, who is appointed by the crown, shall be totally independent of the free grants of the people for his support, where is the check upon his power? He becomes absolute and may act as he pleases: He may make use of his power, not for the good of those who are under it, but for his own private separate advantage, or any other purpose to which he may be inclined, or instructed by him upon whom alone he depends.
Such an independency threatens the very being of a free const.i.tution; and if it takes effect, will produce and firmly establish a tyranny upon its ruin. The act of parliament of the 7 Geo. 3.3 int.i.tled, "An act for granting certain duties in the Colonies, &c." declares That it is expedient that a revenue should be raised in his Majesty"s dominions in America, for making more certain and adequate provision for the defraying the charge of the administration of justice, and the support of civil government in such colonies where it shall be found necessary; and, towards further defreying the expences of defending, protecting and securing the said dominions. - These are the very purposes for which this government by the Charter is empowered to grant taxes: So that by the act aforementioned, the Charter is in effect made void. Agreeable to the design of that act, the governor it seems is first to be made independent; and in pursuance of the plan of despotism, the judges of the land, and all other important civil officers, successively: Next follows an independent military power, to compleat the ruin of our civil liberties. - Let us then consider the power the Governor already has, and his Majesty"s negative on all our acts, and judge whether the purposes of tyranny will not be amply answered! Can it be expected that any law will pa.s.s here, but such as will promote the favourite design? And the laws already made, as they will be executed by officers altogether dependent on the crown, will undoubtedly be perverted to the worst purposes. The governor of the province, and the princ.i.p.al fortress in it, are probably already thus supported. These are the first fruits of the system: If the rest should follow, it would be only in a greater degree, a violation of our essential, natural rights. For what purpose then will it be to preserve the old forms without the substance? In such a state, and with such prospects, can Britain expect anything but a gloomy discontent in the Colonies? Let our fellow-subjects there recollect, what would have been their fate long ago, if their ancestors had submitted to the unreasonable and uncharitable usurpations, exactions and impositions of the See of Rome, in the reign of Henry the VIII.
Soon would they have sunk into a state of abject slavery to that haughty power, which exalteth itself above all that is called G.o.d: But they had the true spirit of liberty, and by exerting it, they saved themselves and their posterity; The act of parliament pa.s.sed in the 25th of that reign,4 is so much to our present purpose, that we cannot omit transcribing a part of it, and refer you to the statute at large.
In the preamble it is declared, that "the realm of England hath been and is free from subjection to any man"s law but only to such as have been devised, made and ordained within the realm for the wealth of the same." And further, "it standeth therefore with natural equity and good reason, that in every such law humane made within this realm by the said sufferance, consents and customs, your Royal Majesty and your Lords spiritual and temporal and Commons representing the whole state of your realm in this your Majesty"s high court of parliament, hath full power and authority, not only to dispense, but also to authorize some elect person or persons to be sent to dispense with those and all other humane laws in this your realm, and with every one of them, as the quality of the persons and matter may require. And also the said laws and every one of them to abrogate, annul, amplify or diminish, as it shall seem to your Majesty and the n.o.bles and Commons of your realm present in parliament meet and convenient for the wealth of your realm. And because that it is now in these days present seen, that the state, dignity and superiority, reputation and authority of the said imperial crown of this realm, by the long sufferance of the said unreasonable and uncharitable usurpation and exaction is much and sore decayed, and the people of this realm thereby much impoverished." It is then enacted, that "no person or persons of the realm, or of any other his Majesty"s dominions, shall from henceforth pay any pensions, censes, portions, peter pence, or any other impositions to the use of the said Bishop of the See of Rome; but that all such pensions, &c.
which the said Bishop or Pope hath heretofore taken - shall clearly surcease, and never more be levied or paid to any person or persons in any manner or wise." - Nothing short of the slavery and ruin of the nation would have been the consequence of their submitting to those exactions: And the same will be the fate of America, if the present revenue laws remain, and the natural effect of them, the making governors independent, takes place.
It is therefore with entire approbation that we observe your purpose freely to declare our Rights, and to remonstrate against the least infringement of them. The capital complaint of all North-America, hath been, is now and will be until relieved, a subjugation to as arbitrary a tribute as ever the Romans laid upon the Jews, or their other colonies: The repealing these duties in part is not considered by this house as a renunciation of the measure: It has rather the appearance of a design to sooth us into security in the midst of danger: Any species of tribute unrepealed, will stand as a precedent, to be made use of hereafter as circ.u.mstances and opportunity may admit: If the Colonies acquiesce in a single instance, it will in effect be yielding up the whole matter and controversy. We therefore desire it may be universally understood, that altho" the tribute is paid, it is not paid freely: It is extorted and torn from us against our will: We bear the insult and the injury for the present, grievous as it is, with great impatience; hoping that the wisdom and prudence of the nation will at length dictate measures consistent with natural justice and equity: For what shall happen in future, We are not answerable: Your observation is just, that it was certainly as bad policy, when they attempted to heal our differences, by repealing part of the duties only, as it is bad Surgery to leave splinters in a wound which must prevent its healing, or in time occasion it to open afresh.
The doctrine, that no agent ought to be received or attended to by government, who is not appointed by an act of the general court, to which the governor has given his a.s.sent, if established, must be attended with very ill consequences; for, besides the just remarks you made upon it, if whatever is to be transacted between the a.s.semblies of the Colonies and the government, is to be done by agents appointed by and under the direction of the three branches, it will be utterly impracticable for an a.s.sembly ever to lay before the Sovereign their complaints of grievances occasioned by the corrupt and arbitrary administration of a governor. This doctrine, we have reason to think, was first advanced by governor Bernard, at a time when he became the princ.i.p.al agent in involving the nation and the Colonies in controversy and confusion: Very probably, it now becomes a subject of instruction to governor Hutchinson5 who refuses to confirm the grants of the a.s.sembly to the Agents for the respective houses. In this he carries the point beyond Governor Bernard who a.s.sented to grants made in general terms for services performed, without holding up the name of agent: But governor Hutchinson declines his a.s.sent even in that form; so that we are reduced to a choice of difficulties, either to have no agent at all, but such as shall be under the influence of the minister; or to find some other way to support an agent than by grants of the general a.s.sembly. - But we are fallen into times, when governors of colonies seem to think themselves bound to conform to instructions, without any regard to the civil const.i.tution, or even the public safety.
1 Page 46, note, applies also to the authorship of this letter.
2 J. Bigelow, Complete Works of Benjamin Franklin, vol. iv., p. 378.
3 Chap. 46.
4 Chap. 21. The quotation from the statute is inexact.
5 Since the writing of this letter an Instruction of this kind is arrived, which has been communicated by the Governor to his Majesty"s Council; and is recorded in their Journal 1
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, July 1, 1771.]
MESSIEURS EDES & GILL,
The Layman, who again appeared in Mr. Draper"s last Thursday"s Gazette, is sollicitous to know why Candidus "pitched upon the specific Number seventeen, as present at the late Convention of the Clergy, and voting for an Address to his Excellency the Governor; and further, he asks, Whether "it was not purposely done to throw an undeserved Reproach on that reverend Body." - I will endeavour to answer the Layman in a Manner not "militating," as he charges me with having done before, "with my a.s.sumed denomination." - I mentioned that "specific number," because I was told by several reverend Gentlemen who were present at the Convention, that the Address was bro"t on early, when only twenty-four had got together; and that of this number, seventeen only voted in favor of it. I own I thought it unlucky, that the precise Number seventeen should appear to countenance the Address, because I agree with the Layman that it has of late become an "obnoxious Number." I have Reason to think I was truly informed; if it was a misrepresentation, the Reverend Doctor who presided at the Meeting, may set us right, if he thinks it worth his While. I am still of Opinion, that is immaterial to my Purpose, whether twenty-four or thirty Gentlemen were present, when the Address was carried through; either of those numbers being very inconsiderable, when compared with the whole Number of Congregational Ministers in the Province, which is said to be at least four Hundred.
Allowing that the Number, after the Address had pa.s.sed, was augmented to Sixty, and that Fifty of them were against reconsidering the Matter, it is not certainly to be inferred from thence, that all those Fifty would have voted for an Address, if they had been present when it was first proposed. But however that might be, the Propriety (to say the least) of calling it, An Address of the Congregational Ministers of the Province, when not more than about One in Seven of them were present, or in any Likelihood ever had heard that any Address was intended, yet remains a Question: And I again say, I should be glad to see it reconciled with that Simplicity and G.o.dly Sincerity which we often hear inculcated from the Pulpit. - The Layman supposes, that it is with the Convention as "with other Corporate Bodies, convened at stated Time and Place " - Now other corporate Bodies are notified of the Matters to be transacted at Time & Place; but no Notice was given to "the Congregational Ministers of the Province" that an Address to his Excellency the Governor was to be proposed; and as this is said to be the first Instance of an
Address to a Governor ever made by the Convention, it is not likely that seven-eighths of them, who were absent, ever had it in contemplation. But after all, I would ask, "with Modesty, Decency, and Charity," and with Humility too, all which I take to be excellent Christian Graces, as well as Sincerity; by what Authority is the Convention of the Clergy, as it is called, const.i.tuted "a corporate Body"? I am nevertheless, with all due Respect to the Ministers of the Congregational Churches,
Your"s, CANDIDUS.
P.S. Perhaps an Address of Thanks from the Convention of the Reverend & very venerable Dr. Chauncy, for his excellent Defence of their ecclesiastic Const.i.tution, at a Time when they stood in need of so able a Defender, may be judg"d by some to be rather more in Character than a political Address to the Man in Power C.
Postscript the 2d. I am inform"d that it was first propos"d to address his Excellency at Cambridge, after Dinner on the Day of Election, and that the Reason a.s.sign"d for it was, because it had been unjustly a.s.serted that his had stood Sponsor at a Christening - The Truth of which a.s.sertion, however, it is also said, might have been made evident by enquiring of a worthy Clergyman of the Church of England in that Town, C.
TO ARTHUR LEE.
[R. H. Lee, Life of Arthur Lee, vol. ii., pp. 173-577.]
BOSTON, July 31st, 1771.
SIR,-