My Lord,
The last time
I had the honor of being in your Lordship's company, you observed that
you were utterly at a loss to what facts many parts of the Declaration
of Independence published by the Philadelphia Congress referred, and that
you wished they had been more particularly mentioned, that you might better
judge of the grievances, alledged as special causes of the separation of
the Colonies from the other parts of the Empire. This hint from your
Lordship induced me to attempt a few Strictures upon the Declaration.
Upon my first reading it, I thought there would have been more policy in
leaving the World altogether ignorant of the motives to this Rebellion,
than in offering such false and frivolous reasons in support of it; and
I flatter myself, that before I have finished this letter, your Lordship
will be of the same mind. But I beg leave first to make a few remarks
upon its rise and progress.
I have often
heard men, (who I believe were free of any party influence) express their
wishes, that the claims of the Colonies to an exemption from the authority
of Parliament in imposing Taxes had been conceded; because they had no
doubts that America would have submitted in all other cases; and so this
unhappy Rebellion, which has already proved fatal to many hundreds of Subjects
of the Empire, and probably will to many thousands more, might have been
prevented.
The Acts for
imposing Duties and Taxes may have accelerated the Rebellion, and if this
could have been foreseen, perhaps, it might have been good policy to have
omitted or deferred them; but I am of the opinion, that if no Taxes or
Duties had been laid upon the Colonies, other pretences would have been
found for exception to the authority of Parliament. The body of the
people in the Colonies, I know, were easy and quiet. They felt no
burdens. They were attached, indeed, in every Colony to their own
particular Constitutions, but the Supremacy of Parliament over the whole
gave them no concern. They had been happy under it for an hundred
years past: They feared no imaginary evils for an hundred years to come.
But there were men in each of the principal Colonies, who had Independence
in view, before any of those Taxes were laid, or proposed, which have since
been the ostensible cause of resisting the execution of the Acts of Parliament.
Those men have conducted the Rebellion in the several stages of it, until
they have removed the constitutional powers of Government in each Colony,
and have assumed to themselves, with others, a supreme authority over the
whole. . . .
It will cause
greater prolixity to analyze the various parts of this Declaration, than
to recite the whole. I will, therefore, present it to your Lordship's
view in distinct paragraphs, with my remarks, in order as the paragraphs
are published:
In Congress,
July 4, 1776
A Declaration
by the Representatives of the United States of America in General Congress
assembled.
When in the
course of human events it becomes necessary for One People to dissolve
the political bands which have connected them with another, and to assume
among the Powers of the earth, the separate and equal station to which
the laws of nature and of nature's God entitle them, a decent respect to
the opinions of mankind requires that they should declare the causes which
impel them to the separation. . . .
They begin, my Lord, with a false hypothesis. That the Colonies are one distinct people, and the kingdom another, connected by political bands. The Colonies, politically considered, never were a distinct people from the kingdom. There never has been but one political band, and that was just the same before the first Colonists emigrated as it has been ever since, the Supreme Legislative Authority, which hath essential rights, and is indispensably bound to keep all parts of the Empire entire, until there may be a separation consistent with the general good of the Empire, of which good, from the nature of government, this authority must be the sole judge. . . .
The first
order, He has refused his assent to laws the most wholesome and necessary
for the public good; is of so general a nature, that it is not possible
to conjecture to what laws or to what Colonies it refers. I remember
no laws which any Colony has been restrained from passing, so as to cause
any complaint of grievance, except those for issuing a fraudulent paper-currency,
and making it a legal tender; but this is a restraint which for many years
past has been laid on Assemblies by an act of Parliament, since which such
laws cannot have been offered to the King for his allowance. I therefore
believe this to be a general charge, without any particulars to support
it; fit enough to be placed at the head of a list if imaginary grievances.
He has called together legislative bodies at
places unusual, uncomfortable, and distant from the depository of their
public records, for the sole purpose of fatiguing them into compliance
with his measures.
To the same Colony [Massachusetts Bay] this also
has respect; Your Lordship must remember the riotous, violent opposition
to Government in the Town of Boston, which alarmed the whole Kingdom, in
the year 1768. Four regiments of the King's forces were ordered to
that Town, to be aiding to the Civil Magistrate in restoring and preserving
peace and order. The House of Representatives, which was then sitting
in the Town, remonstrated to the Governor against posting Troops there,
as being an invasion of their rights. He thought proper to adjourn
them to Cambridge, where the House had frequently sat at their own desire,
when they had been alarmed with fear of the small pox in Boston; the place
therefore was not unusual. The public rooms of the College, were
convenient for the Assembly to sit in, and the private houses of the Inhabitants
for the Members to lodge in; it therefore was not uncomfortable.
It was within four miles of the Town of Boston, and less distant than any
other Town fit for the purpose.
When this step, taken by the Governor, was known
in England, it was approved, and conditional instructions were given to
continue the Assembly at Cambridge. The House of Representatives
raised the most frivolous objections against the authority of the Governor
to remove the Assembly from Boston, but proceeded, nevertheless, to the
business of the Session as they used to do. In the next Session,
without any new cause, the Assembly refused to do any business unless removed
to Boston. This was making themselves judges of the place, and by
the same reason, of the time of holding the Assembly, instead of the Governor,
who thereupon was instructed not to remove them to Boston, so long as they
continued to deny his authority to carry them to any other place.
They fatigued the Governor by adjourning
from day to day, and refusing to do business one Session after another,
while he gave his constant attendance to no purpose; and this they make
the King's
fatiguing them to compel them to comply with his measures.
A brief narrative of this unimportant dispute between
an American Governor and his Assembly, needs an apology to your Lordship;
how ridiculous then do those men make themselves, who offer it to the world
as a ground to justify Rebellion?
He has dissolved Representative
Houses repeatedly for opposing with manly firmness his Invasions on the
Rights of the People.
Contentions between Governors and their Assemblies
have caused dissolutions of such Assemblies, I suppose, in all the Colonies;
in former as well as later times. I recollect but one instance of
the dissolution of an Assembly by special order from the King, and that
was in Massachusetts Bay. In 1768, the House of Representatives passed
a vote or resolve, in prosecution of the plan of Independence incompatible
with the subordination of the Colonies to the supreme authority of the
Empire; and directed their Speaker to send a copy of it in circular letters
to the Assemblies of the other Colonies, inviting them to avow the principles
of the resolve, and to join in supporting them. No Government can
long subsist, which admits of combinations of the subordinate powers against
the supreme. This proceeding was therefore, justly deemed highly
unwarrantable; and indeed it was the beginning of that unlawful confederacy,
which has gone on until it has caused at least a temporary Revolt of all
the Colonies which joined in it.
The Governor was instructed to require the House
of Representatives, in their next Session to rescind or disavow this resolve,
and if they refused, to dissolve them, as the only way to prevent their
prosecuting the plan of Rebellion. They delayed a definitive answer,
and he indulged them, until they had finished all the business of the Province,
and then appeared this manly firmness in a rude answer and a peremptory
refusal to comply with the King's command. Thus, my Lord, the regular
use of the prerogative in suppressing a begun Revolt, is urged as a a grievance
to justify the Revolt.
He has kept among us,
in times of peace, standing armies, without the consent of our legislatures.
This is too nurgatory to deserve any remark.
He has kept no armies among them without the consent of the Supreme Legislature.
It is begging the question to suppose that this authority was not sufficient
without the aid of their own Legislatures.
He has affected to render
the Military independent of, and superior to, the Civil Power.
When the subordinate Civil Powers of the Empire
became Aiders of the people in acts of Rebellion, the King, as well he
might, has employed the Military Power to reduce those rebellious Civil
Powers to their constitutional subjection to the Supreme Civil Power.
In no other sense has he ever affected to render the Military independent
of, and superior to, the Civil Power.
He has combined with others
to subject us to a jurisdiction foreign to our Constitution and unacknowledged
by our Laws; giving his assent to their pretended Acts of Legislation.
This is a strange way of defining the part which
the Kings of England take in conjunction with the Lords and Commons in
passing Acts of Parliament. But why is our present Sovereign to be
distinguished from all his predecessors since Charles the Second? .
. . And then, how can a jurisdiction submitted to for more than a
century be foreign to their constitution? And is it not the
grossest prevarication to say this jurisdiction is unacknowledged
by their laws, when all Acts of Parliament which respect them, have at
all times been their rule of law in all their judicial proceedings?
If this is not enough: their own subordinate legislatures have repeatedly
in addresses, and resolves, in the most express terms acknowledged
the supremacy of Parliament; and so late as 1764, before the conductors
of this Rebellion had settled their plan, the House of Representatives
of the leading Colony made a public declaration in an address to their
Governor, that, although they humbly apprehended they might propose their
objections, to the late Act of Parliament for granting certain duties in
the British Colonies and Plantations in America, yet they at the same time
acknowledged that it was their duty to yield obedience to it while
it continued unrepealed.
If the jurisdiction of Parliament is foreign to
their Constitution, what need of specifying instances, in which they have
been subjected to it? Every Act must be an usurpation and injury.
They must then be mentioned, my Lord, to shew, hypothetically, that even
if Parliament had jurisdiction, such Acts would be a partial and injurious
use of it. I will consider them, to know whether they are so or not.
For quartering large bodies of armed troops
among us.
When troops were employed in America, in
the last reign, to protect the Colonies against French invasion, it was
necessary to provide against mutiny and desertion, and to secure proper
quarters. Temporary Acts of Parliament were passed for that purpose,
and submitted to the Colonies. Upon the peace, raised ideas took
place in the Colonies, of their own importance, and caused a reluctance
against Parliamentary authority, and an opposition to the Acts for quartering
troops, not because the provision made was in itself unjust or unequal,
but because they were Acts of a Parliament whose authority was denied.
The provision was as similar to that in England as the state of the Colonies
would admit.
For protecting them by a mock trial from punishment,
for any murder which they should commit on the Inhabitants of these States.
It is beyond human wisdom to form a system of laws
so perfect as to be adapted to all cases. It is happy for a state,
that there can be an interposition of legislative power in those cases,
where an adherence to established rules would cause injustice. To
try men before a biased and pre-determined Jury would be a mock trial.
To prevent this, the Act of Parliament, complained of, was passed.
Surely, if in any case Parliament may interpose and alter the general rule
of law, it may in this. America has not been distinguished from other
parts of the Empire. Indeed the removal of trials for the sake of
unprejudiced and disinterested Juries, is altogether consistent with the
spirit of out laws, and the practice of courts in changing the venue from
one country to another.
For cutting off our trade with all parts of the
world.
Certainly, my Lord, this could not be a cause
of Revolt. The Colonies had revolted from the Supreme Authority,
to which, by their constitutions, they were subject, before the Act was
passed. A Congress had assumed an authority over the whole, and had
rebelliously prohibited all commerce with the rest of the Empire.
This act, therefore, will be considered by the candid world, as
a proof of the reluctance in government against what is the dernier resort
in every state, and as a milder measure to bring the Colonies to a re-union
with all the rest of the Empire.
For imposing taxes on us without our consent.
How often has your Lordship heard it said, that
the Americans are willing to submit to the authority of Parliament in all
cases except that of taxes? Here we have a declaration made to the
world of the causes which have impelled to a separation. We are to
presume that it contains all which they that publish it are able to say
in support of a separation, and that if any one cause was distinguished
from another, special notice would be taken of it. That of taxes
seems to have been in danger of being forgot. It comes in late, and
in as slight a manner as is possible. And, I know, my Lord, that
these men, in the early days of their opposition to Parliament, have acknowledged
that they pitched upon this subject of taxes, because it was most alarming
to the people, every man perceiving immediately that he is personally affected
by it; and it has, therefore, in all communities, always been a subject
more dangerous to government than any other, to make innovation in; but
as their friends in England had fell in with the idea that Parliament could
have no right to tax them because not represented, they thought it best
it should be believed they were willing to submit to other acts of legislation
until this point of taxes could be gained; owning at the same time, that
they could find no fundamentals in the English Constitution which made
representation more necessary in acts for taxes, than acts for any other
purpose; and that the world must have a mean opinion of their understanding,
if they should rebel rather than pay a duty of three-pence
per pound
on tea, and yet be content to submit to an act which restrained them from
making a nail to shoe their own horses. Some of them, my Lord, imagine
they are as well acquainted with the nature of government, and with the
constitution and history of England, as many of their partisans in the
kingdom; and they will sometimes laugh at the doctrine of fundamentals
from which even Parliament itself can never deviate; and they say it has
been often held and denied merely to serve the cause of party; and that
it must be so until these unalterable fundamentals shall be ascertained;
that the great Patriots in the reign of King Charles the Second, Lord Russell,
Hampden, Maynard, etc. whose memories they reverence, declared their opinions,
that there were no bounds to the power of Parliament by any fundamentals
whatever, and that even the hereditary succession to the Crown might be,
as it since has been, altered by the Act of Parliament; whereas they who
call themselves Patriots in the present day held it to be a fundamental,
that there can be no taxation without representation, and that Parliament
cannot alter it.
But as this doctrine was held by their friends,
and was of service to their cause until they were prepared for a total
Independence, they appeared to approve it: As they have now no further
occasion for it, they take no more notice of an act for imposing taxes
than of many other acts; for a distinction in the authority of Pariament
in any particular case cannot serve their claim to a general exemption,
which they are now preparing to assert. . . .
He has abdicated Government
here, by declaring us out of his protection and waging War against us.
He has plundered our
Seas, ravaged our Coasts, burnt our Towns, and destroyed the Lives of our
People.
He is at this time, transporting
large Armies of foreign mercenaries to compleat the works of death, desolation
and tyranny, already begun with circumstances of cruelty and perfidy scarcely
paralleled in the most barbarous ages, and totally unworthy the head of
a civilized Nation.
He has constrained our
Fellow Citizens, taken captive on the high Seas, to bear arms against their
Country, to become the executioners of their Friends and Brethren, or to
fall themselves by their hands.
He has excited domestick
insurrections amongst us and has endeavoured to bring on the Inhabitants
of our frontiers the merciless Indian Savages, whose known rule of warfare,
is an undistinguished destruction of all ages, sexes and conditions.
These, my Lord, would be weighty charges from a
loyal
and dutiful people against an unprovoked Sovereign: They
are more than the people of England pretended to bring against King James
the Second, in order to justify the Revolution. Never was there an
instance of more consummate effrontery. The Acts of a justly incensed
Sovereign for suppressing a most unnatural, unprovoked Rebellion,
are here assigned as the causes of this Rebellion. It is immaterial
whether they are true or false. They are all short of the penalty
of the laws which had been violated. Before the date of nay one of
them, the Colonists had as effectually renounced their allegiance by their
deeds as they have since done by their words. They had displaced
the civil and military officers appointed by the King's authority and set
up others in the stead. They had new modelled their civil governments,
and appointed a general government, independent of the King, over the whole.
They had taken up arms, and made a public declaration of their resolution
to defend themselves, against the forces employed to support his legal
authority over them. To subjects, who had forfeited their lives by
acts of Rebellion, every act of the Sovereign against them, which falls
short of the forfeiture, is an act of favour. A most ungrateful return
has been made for this favour. It has been improved to strengthen
and confirm the Rebellion against him. . . .
A Prince, whose character
is thus marked, by every act which defines the tyrant. is unfit to be the
ruler of a free people.
Indignant resentment must seize the breast of every
loyal subject. A tyrant, in modern language, means, not merely an
absolute and arbitrary, but a cruel, merciless Sovereign. Have these
men given an instance of any one Act in which the King has exceeded the
just Powers of the Crown as limited by the English Constitution?
Has he ever departed from known established laws, and substituted his own
will as the rule of his actions? Has he ever departed from known
established laws, and substituted his own will as the rule of his actions?
Has there ever been a Prince by whom subjects in rebellion, have been treated
with less severity, or with longer forbearance? . . .
.
Gratitude, I am sensible, is seldom to be found
in a community, but so sudden a revolt from the rest of the Empire, which
had incurred so immense a debt, and with which it remains burdened, for
the protection and defence of the Colonies, and at their most importunate
request, is an instance of ingratitude no where to be paralleled.
Suffer me, my Lord, before I close this letter,
to observe, that though the professed reason for publishing the Declaration
was a decent respect to the opinions of mankind, yet the real design was
to reconcile the people of America to that Independence, which always before,
they had been made to believe was not intended. This design has too
well succeeded. The people have not observed the fallacy in reasoning
from the whole to part; nor the absurdity of making the governed
to be governors. From a disposition to receive willingly complaints
against Rulers, facts misrepresented have passed without examining.
Discerning men have concealed their sentiments, because under the present
free
government in America, no man may, by writing or speaking, contradict any
part of this Declaration, without being deemed an enemy to his country,
and exposed to the rage and fury of the populace.
Thomas Hutchinson