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ted within the body of a county in America, being against law, will justify, and ought to meet with resistance and reprisal.

SATURDAY, October 22, 1774.

The hon. Peyton Randolph, esq. being unable to attend, on account of indisposition, the hon. Henry Middleton, esq. was chosen to supply his place, as president.

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An address from Christopher Tully was read, and ordered to lie on the table. Ordered, That the Journal of the proceedings of the Congress, as corrected, be sent to the press, and printed under the direction of Mr. Biddle, Mr. Dickinson, and the secretary.

Resolved, as the opinion of this Congress, that it will be necessary, that another Congress should be held on the tenth day of May next, unless the redress of grievances, which we have desired, be obtained before that time. And we recommend, that the same be held at the city of Philadelphia, and that all the colonies, in North-America, chuse deputies, as soon as possible, to attend such Congress.

The committee appointed to prepare a letter to the colonies of St. John's, &c. reported a draught, which was read, and being amended, the same was approved, and is as follows:

"GENTLEMEN,

PHILADELPHIA, October 22, 1774.

"The present critical and truly alarming state of American affairs, having been considered in a general Congress of deputies, from the colonies of NewHampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania New-Castle, Kent, and Sussex, on Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, with that attention and mature deliberation, which the important nature of the case demands, they have determined, for themselves and the colonies they represent, on the measures contained in the enclosed papers; which measures they recommend to your colony to be adopted with all the earnestness, that a well directed zeal for American liberty can prompt.

"So rapidly violent and unjust has been the late conduct of the British administration against the colonies, that either a base and slavish submission, under the loss of their ancient, just, and constitutional liberty, must quickly take place, or an adequate opposition be formed.

"We pray God to take you under his protection, and to preserve the freedom and happiness of the whole British empire.

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By order of the Congress,

“ HENRY MIDDLETON, President.”

MONDAY, October 24, 1774.

The address to the people of Quebec, being brought in, was read, and after some debate was re-committed.

The committee, to whom the address to the king was re-committed, reported a draught, which was read, and ordered to be taken into consideration to

morrow.

TUESDAY, October 25, 1774.

The Congress resumed the consideration of the address to his majesty, and the same being debated by paragraphs, was, after some amendments, approved and ordered to be engrossed.

Resolved, That the address to the king, be enclosed in a letter to the several colony agents, in order that the same may be by them presented to his majesty; and that the agents be requested to call in the aid of such noblemen and gentlemen as are esteemed firm friends to American liberty.

Ordered, That Mr. Lee, and Mr. Jay, prepare a letter to the agents.

Resolved, That this Congress, in their own names, and in behalf of all those whom they represent, do present their most grateful acknowledgments to those truly noble, honourable, and patriotic advocates of civil and religious liberty, who have so generously and powerfully, though unsuccessfully, espoused and defended the cause of America, both in and out of parliament.

WEDNESDAY, October 26, 1774.

The letter to the agents, being brought in by the committee, was read, and approved as follows:

" GENTLEMEN,

PHILADELPHIA, October 26, 1774.

"We give you the strongest proof of our reliance on your zeal and attachment to the happiness of America, and the cause of liberty, when we commit the enclosed paper to your care.

"We desire you will deliver the petition into the hands of his majesty, and after it has been presented, we wish it may be made public through the press, together with the list of grievances. And as we hope for great assistance from the spirit, virtue, and justice of the nation, it is our earnest desire, that the most effectual care be taken, as early as possible, to furnish the trading cities, and manufacturing towns, throughout the united kingdom, with our memorial to the people of Great Britain.

"We doubt not, but your good sense and discernment, will lead you to avail yourselves of every assistance, that may be derived from the advice and friendship of all great and good men who may incline to aid the cause of liberty and mankind.

"The gratitude of America, expressed in the enclosed vote of thanks, we desire may be conveyed to the deserving objects of it, in the manner you think will be most acceptable to them.

"It is proposed, that another Congress be held on the tenth of May next, at this place, but in the mean time, we beg the favour of you, gentlemen, to transmit to the speakers of the several assemblies, the earliest information of the most authentic accounts you can collect, of all such conduct and designs of ministry, or parliament, as it may concern America to know.

"We are, with unfeigned esteem and regard, Gentlemen, &c. "By order and in behalf of the Congress,

" HENRY MIDDLETON, President."

To Paul Wentworth, esq. Thomas Life, esq.
Doctor Benj. Franklin, Edmund Burke, esq.
William Bollen, esq. Charles Garth, esq.
Doctor Arthur Lee.

The committee, to whom the address to the inhabitants of Quebec was recommitted, reported a draught, which was read, and being debated by paragraphs and amended, was approved, and is as follows:

To the Inhabitants of the Province of Quebec.

FRIENDS AND FELLOW-SUBJECTS,

WE, the delegates of the colonies of New Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, NewJersey, Pennsylvania, the counties of New-Castle, Kent, and Sussex, on Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, deputed by the inhabitants of the said colonies, to represent them in a general Congress, at Philadelphia, in the province of Pennsylvania, to consult together, concerning the best methods to obtain redress of our afflicting grievances; having accordingly assembled, and taken into our most serious consideration, the state of public affairs on this continent, have thought proper to address your province, as a member therein deeply interested.

When the fortune of war, after a gallant and glorious resistance, had incorporated you with the body of English subjects, we rejoiced in the truly valuable addition, both on our own and your account; expecting, as courage and generosity are naturally united, our brave enemies would become our hearty friends, and that the divine Being would bless to you the dispensations of his over-ruling providence, by securing to you, and your latest posterity, the inestimable advantages of a free English constitution of government, which it is the privilege of all English subjects to enjoy.

These hopes were confirmed by the king's proclamation, issued in the year 1763, plighting the public faith for your full enjoyment of those advantages.

Little did we imagine that any succeeding ministers would so audaciously and cruelly abuse the royal authority, as to withhold from you the fruition of the irrevocable rights, to which you were thus justly entitled.

But since we have lived to see the unexpected time, when ministers of this flagitious temper, have dared to violate the most sacred compacts and obligations, and as you, educated under another form of government, have artfully been kept from discovering the unspeakable worth of that form you are now undoubtedly entitled to, we esteem it our duty, for the weighty reasons hereinafter mentioned, to explain to you some of its most important branches.

"In every human society," says the celebrated Marquis Beccaria," there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other to the extreme of weakness and misery. The intent of good laws is to oppose this effort, and to diffuse their influence universally and equally."

Rulers stimulated by this pernicious "effort," and subjects animated by the just" intent of opposing good laws against it," have occasioned that vast variety of events, that fill the histories of so many nations. All these histories demonstrate the truth of this simple position, that to live by the will of one man, or set of men, is the production of misery to all men.

On the solid foundation of this principle, Englishmen reared up the fabrick of their constitution with such a strength, as for ages to defy time, tyranny, treachery, internal and foreign wars: And, as an illustrious author of your nation, hereafter mentioned, observes,-"They gave the people of their colonies, the form of their own government, and this government carrying prosperity along with it, they have grown great nations in the forests they

were sent to inhabit."

In this form, the first grand right, is that of the people having a share in their own government, by their representatives chosen by themselves, and in consequence of being ruled by laws which they themselves approve, not by edicts of men, over whom they have no controul. This is a bulwark surrounding and defending their property, so that no portions of it can legally be taken from them, but with their own full and free consent, when they in their judgment deem it just and necessary to give them for public services, and precisely direct the easiest, cheapest, and most equal methods in which they

shall be collected.

The influence of this right extends still farther. If money is wanted by rulers, who have in any manner oppressed the people, they may retain it, until their grievances are redressed; and thus peaceably procure relief, without trusting to despised petitions, or disturbing the public tranquillity.

The next great right is that of trial by jury. This provides, that neither life, liberty, nor property, can be taken from the possessor, until twelve of his unexceptionable countrymen and peers of his vicinage, who from that neighbourhood may reasonably be supposed to be acquainted with his character, and

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the characters of the witnesses, upon a fair trial, and full enquiry, face to face, in open court, before as many of the people as chuse to attend, shall pass their sentence upon oath against him; a sentence that cannot injure him, without injuring their own reputation, and probably their interest also; as the question may turn on points, that, in some degree, concern the general welfare; and, if it does not, their verdict may form a precedent, that, on a similar trial of their own, may militate against themselves.

Another right relates merely to the liberty of the person. If a subject is seized and imprisoned, though by order of government, he may, by virtue of this right, immediately obtain a writ, termed a habeas corpus, from a judge, whose sworn duty it is to grant it, and thereupon procure any illegal restraint to be quickly enquired into, and redressed.

A fourth right, is that of holding lands by the tenure of easy rents, and not by rigorous and oppressive services, frequently forcing the possessors from their families, and their business, to perform what ought to be done, in all well regulated states, by men hired for the purpose.

The last right we shall mention, regards the freedom of the press. The importance of this consists, besides the advancement of truth, science, morality, and arts in general, in its diffusion of liberal sentiments on the administration of government, its ready communication of thoughts between subjects, and its consequential promotion of union among them, whereby oppressive officers are shamed or intimidated, into more honourable and just modes of conducting affairs.

These are the invaluable rights, that form a considerable part of our mild system of government; that, sending its equitable energy through all ranks and classes of men, defends the poor from the rich, the weak from the powerful, the industrious from the rapacious, the peaceable from the violent, the tenants from the lords, and all from their superiors.

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These are the rights, without which a people cannot be free and happy, and under the protecting and encouraging influence of which, these colonies have. hitherto so amazingly flourished and increased. These are the rights, a profligate ministry are now striving, by force of arms, to ravish from us, and which we are, with one mind, resolved never to resign but with our lives.

These are the rights you are entitled to, and ought, at this moment, in perfection, to exercise. And what is offered to you by the late act of parliament in their place? Liberty of conscience in your religion? No. God gave it to you; and the temporal powers with which you have been and are connected, firmly stipulated for your enjoyment of it. If laws, divine and human, could secure it against the despotic caprices of wicked men, it was secured before. Are the French laws in civil cases restored? It seems so. But observe the cautious kindness of the ministers, who pretend to be your benefactors. The words of the statute are-that those "laws shall be the rule, until they shall "be varied or altered by any ordinances of the governor and council." Is the 66 certainty and lenity of the criminal law of England and its benefits and advantages," commended in the said statute, and said to "have been sensibly felt by you," secured to you and your descendants? No. They too are subjected to arbitrary "alterations" by the governor and council; and a power is expressly reserved of appointing "such courts of criminal, civil, and ecclesiastical jurisdiction, as shall be thought proper." Such is the precarious tenure of mere will, by which you hold your lives and religion. The crown and its ministers are empowered, as far as they could be by parliament, to establish even the inquisition itself among you. Have you an assembly composed of worthy men, elected by yourselves, and in whom you can confide, to make laws for you, to watch over your welfare, and to direct in what quantity, and in what manner, your money shall be taken from you? No. The power of making laws for you is lodged in the governor and council, all of them depend

ent upon, and removeable at, the pleasure of a minister. Besides, another late statute, made without your consent, has subjected you to the impositions of excise; the horror of all free states; thus wresting your property from you by the most odious of taxes, and laying open to insolent tax-gatherers, houses, the scenes of domestic peace and comfort, and called the castles of English subjects in the books of their law. And in the very act for altering your government, and intended to flatter you, you are not authorized to "assess, levy, or apply any rates and taxes, but for the inferior purposes of making roads, and erecting and repairing public buildings, or for other local conveniences, within your respective towns and districts." Why this degrading distinction ? Ought not the property, honestly acquired by Canadians, to be held as sacred as that of Englishmen? Have not Canadians sense enough to attend to any other public affairs, than gathering stones from one place, and piling them up in another? Unhappy people! who are not only injured, but insulted. Nay more!-With such a superlative contempt of your understanding and spirit, has an insolent ministry presumed to think of you, our respectable fellowsubjects, according to the information we have received, as firmly to persuade themselves that your gratitude, for the injuries and insults they have recently offered to you, will engage you to take up arms, and render yourselves the ridicule and detestation of the world, by becoming tools, in their hands, to assist them in taking that freedom from us, which they have treacherously denied to you; the unavoidable consequence of which attempt, if successful, would be the extinction of all hopes of you or your posterity being ever restored to freedom: For idiocy itself cannot believe, that, when their drudgery is performed, they will treat you with less cruelty than they have us, who are of the same blood with themselves.

What would your countryman, the immortal Montesquieu, have said to such a plan of domination, as has been framed for you? Hear his words, with an intenseness of thought suited to the importance of the subject." In a free state, every man, who is supposed a free agent, ought to be concerned in his own government: Therefore the legislative should reside in the whole body of the people, or their representatives."-"The political liberty of the subject is a tranquillity of mind, arising from the opinion each person has of his safety. In order to have this liberty, it is requisite the government be so constituted, as that one man need not be afraid of another. When the power of making laws and the power of executing them, are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lest the same monarch or senate, should enact tyrannical laws, to execute them in a tyrannical manner."

"The power of judging should be exercised by persons taken from the body of the people, at certain times of the year, and pursuant to a form and manner prescribed by law. There is no liberty, if the power of judging be not separated from the legislative and executive powers.

Military men belong to a profession, which may be useful, but is often dangerous."" The enjoyment of liberty, and even its support and preservation, consists in every man's being allowed to speak his thoughts, and lay open his sentiments."

Apply these decisive maxims, sanctified by the authority of a name which all Europe reveres, to your own state. You have a governor, it may be urged, vested with the executive powers, or the powers of administration: In him, and in your council, is lodged the power of making laws. You have judges, who are to decide every cause affecting your lives, liberty or property. Here is, indeed, an appearance of the several powers being separated and distributed into different hands, for checks, one upon another; the only effectual mode ever invented by the wit of men, to promote their freedom and prosperity. But scorning to be illuded by a tinselled outside, and exerting the natural sagacity

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