Letters adressed to the Inhabitants of the
Province of Massachusetts Bay
Daniel Leonard
Year: january 9, 1775
American State Papers
Kolbe Library
Kolbe Home
The security of the people from internal rapacity and violence, and from
foreign invasion, is the end and design of government. The simple forms of
government are monarchy, aristocracy and democracy, that is, where the
authority of the state is vested in one, a few, or the many. Each of these
species of government has advantages peculiar to itself, and would answer the
ends of government, where the persons intrusted with the authority of the
state, always guided themselves by unerring wisdom and public virtue; but
rulers are not always exempt from the weakness and depravity which make
government necessary to society. Thus monarchy is apt to rush headlong into
tyranny, aristocracy to beget faction and multiplied usurpations, and
democracy to degenerate into tumult, violence and anarchy. A government formed
upon these three principles in due proportion, is the best calculated to
answer the ends of government, and to endure. Such a government is the British
constitution, consisting of King, Lords and Commons, which at once includes
the principal excellencies, and excludes the principal defects of the other
kinds of government. It is allowed, both by Englishmen and foreigners to be
the most perfect system that the wisdom of ages has produced. The
distributions of power are so just, and the proportions so exact, as at once
to support and controul each other. An Englishman glories in being subject to,
and protected by, such a government. The colonies are a part of the British
empire. The best writers upon the law of nations, tell us, that when a nation
takes possession of a distant country, and settles there, that country though
separated from the principal establishment, or mother country, naturally
becomes a part of the state, equal with its ancient possessions. Two
supreme or independent authorities cannot exist in the same state. It
would be what is called imperium in imperio, the height of political
absurdity. The analogy between the political and human bodies is great. Two
independent authorities in a state would be like two distinct principles of
volition and action in the human body, dissenting, opposing and destroying
each other. If then we are a part of the British empire, we must be subject to
the supreme power of the state which is vested in the estates of parliament,
notwithstanding each of the colonies have legislative and executive powers of
their own, delegated or granted to them, for the purposes of regulating their
own internal police, which are subordinate to, and must necessarily be subject
to the checks, controul and regulation of the supreme authority of the state.
2 This doctrine is not new, but the denial of it is. It
is beyond a doubt that it was the sense both of the parent country, and our
ancestors, that they were to remain subject to parliament. It is evident from
the charter itself, and this authority has been exercised by parliament, from
time to time, almost ever since the first settlement of the country, and has
been expressly acknowledged by our provincial legislatures. It is not less our
interest, than our duty, to continue subject to the authority of parliament,
which will be more fully considered hereafter. The principal argument against
the authority of parliament, is this, the Americans are entitled to all the
privileges of an Englishman, it is the privilege of an Englishman to be exempt
from all laws that he does not consent to in person, or by representative; `be
Americans are not represented in parliament, and therefore are exempt from
acts of parliament, or in other words, not subject to its authority. This
appears specious; but leads to such absurdities as demonstrate its fallacy. If
the colonies are not subject to the authority of parliament, Great-Britain and
the colonies must be distinct states, as completely so as England and Scotland
were before the union, or as Great-Britain and Hanover are now; The colonies
in that case will owe no allegiance to the imperial crown, and perhaps not to
the person of the King, as the title of the crown is-derived from an act of
parliament, made since the settlement of this province, which act respects the
imperial crown only. Let us waive this difficulty, and suppose allegiance due
from the colonies to the person of the King of Great-Britain, he then appears
in a new capacity, of King of America, or rather in several new capacities, of
King of Massachusetts, King of Rhoda Island, King of Connecticut, &c.,
&c. For if our connexion with Great-Britain by the parliament be
dissolved, we shall have none among ourselves, but each colony become as
distinct from the others, as England was from Scotland, before the union. . .
. But let us suppose the same prerogatives inherent in the several American
crowns, as are in the imperial crown of Great-Britain, where shall we find the
British constitution that we all agree we are entitled to? We shall seek for
it in vain in our provincial assemblies. They are but faint sketches of the
estates of parliament. The houses of representatives or Burgesses, have not
all the powers of the House of Commons, in the charter governments they have
no more than what is expressly granted by their several charters. The first
charters granted to this province did not impower the assembly to tax the
people at all. Our Council Boards are as destitute of the constitutional
authority of the House of Lords, as their several members are of the noble
independence and splendid appendages of Peerage. The House of Peers is the
bulwark of the British constitution, and through successive ages, has
withstood the shocks of monarchy, and the sappings of Democracy, and the
constitution gained strength by the conflict. Thus the supposition of our
being independent states, or exempt from the authority of parliament, destroys
the very idea of our having a British constitution. The provincial
constitutions, considered a subordinate, are generally well adapted to those
purpose of government, for which they were intended, that is, to regulate the
internal police of the several colonies; but have no principle of stability
within themselves, they may support themselves in moderate times, but would be
merged by the violence of turbulent ones, and the several colonies become
wholly monarchial, or wholly republican, were it not for the checks, controuls,
regulations, and support of the supreme authority of the empire. Thus the
argument that is drawn from their first principle of our being entitled to
English liberties, destroys the principle itself,it deprives us of the Bill of
Rights, and all the benefits resulting from the revolution of English laws,
and of the British constitution.
3 Our patriots have been so intent upon building up
American rights, that they have overlooked the rights of Great-Britain, and
our own interest. Instead of proving that we are entitled to privileges that
our fathers knew our situation would not admit us to enjoy, they have been
arguing away our most essential rights. If there be any grievance, it does not
consist in our being subject to the authority of parliament, but in our not
having an actual representation in it. Were it possible for the colonies to
have an equal representation in Parliament, and were refused it upon proper
application, I confess I should think it a grievance; but at present it seems
to be allowed by all parties, to be impracticable, considering the colonies
are distant from Great-Britain a thousand transmarine leagues. If that be the
case, the right or privilege, that we complain of being deprived of, is not
withheld by Britain, but the first principles of government, and the immutable
laws of nature, render it impossible for us to enjoy it. ....
Allegiance and protection are reciprocal. It is our highest interest to
continue a part of the British empire; and equally our duty to remain subject
to the authority of parliament. Our own internal police may generally be
regulated by our provincial legislatures, but in national concerns, or where
our own assemblies do not answer the ends of government with respect to
ourselves, the ordinance or interposition of the great council of the nation
is necessary. In this case, the major must rule the minor. After many more
centuries shall have rolled away, long after we, who are now bustling upon the
stage of life, shall have been received to the bosom of mother earth, and our
names are forgotten, the colonies may be so far increased as to have the
balance of wealth, numbers and power, in their favour, the good of the empire
make it necessary to fix the seat of government here; and some future George,
equally the friend of mankind with him that now sways the British sceptre, may
cross the Atlantic, and rule Great-Britain, by an American parliament.
|