LITMIR.BIZ

Скачать книгу

constantly as streams tend to the ocean, have they been pouring the fruits of all their labors into their mother’s lap. Good heaven! and shall a total oblivion of former tendernesses and blessings, be spread over the minds of a good and wise nation, by the sordid arts of intriguing men, who, covering their selfish projects under pretenses of public good, first enrage their countrymen into a frenzy of passion, and then advance their own influence and interest, by gratifying the passion, which they themselves have basely excited.

      Hitherto Great Britain has been contented with her prosperity. Moderation has been the rule of her conduct. But now, a general humane people, that so often has protected the liberty of strangers, is inflamed into an attempt to tear a privilege from her own children, which, if executed, must, in their opinion, sink them into slaves: AND FOR WHAT? For a pernicious power, not necessary to her, as her own experience may convince her; but horribly dreadful and detestable to them.

      It seems extremely probable, that when cool, dispassionate posterity, shall consider the affectionate intercourse, the reciprocal benefits, and the unsuspecting confidence, that have subsisted between these colonies and their parent country, for such a length of time, they will execrate, with the bitterest curses, the infamous memory of those men, whose pestilential ambition unnecessarily, wantonly, cruelly, first opened the forces of civil discord between them; first turned their love into jealousy; and first taught these provinces, filled with grief and anxiety, to inquire—

      Mens ubi materna est?

      Where is maternal affection?

       A Farmer

      Letter IX

      My dear Countrymen,

      I have made some observations on the PURPOSES for which money is to be levied upon us by the late act of parliament. I shall now offer to your consideration some further reflections on that subject: And, unless I am greatly mistaken, if these purposes are accomplished according to the expressed intention of the act, they will be found effectually to supersede that authority in our respective assemblies, which is essential to liberty. The question is not, whether some branches shall be lopped off—The axe is laid to the root of the tree; and the whole body must infallibly perish, if we remain idle spectators of the work.

      No free people ever existed, or can ever exist, without keeping, to use a common, but strong expression, “the purse strings,” in their own hands. Where this is the case, they have a constitutional check upon the administration, which may thereby be brought into order without violence: But where such a power is not lodged in the people, oppression proceeds uncontrolled in its career, till the governed, transported into rage, seek redress in the midst of blood and confusion.

      The elegant and ingenious Mr. Hume, speaking of the Anglo-Norman government, says—“Princes and Ministers were too ignorant, to be themselves sensible of the advantage attending an equitable administration, and there was no established council or assembly, WHICH COULD PROTECT THE PEOPLE, and BY WITHDRAWING SUPPLIES, regularly and PEACEABLY admonish the king of his duty, and ENSURE THE EXECUTION OF THE LAWS.”

      Thus this great man, whose political reflections are so much admired, makes this power one of the foundations of liberty.

      The English history abounds with instances, proving that this is the proper and successful way to obtain redress to grievances. How often have kings and ministers endeavored to throw off this legal curb upon them, by attempting to raise money by a variety of inventions, under pretense of law, without having recourse to parliament? And how often have they been brought to reason, and peaceably obliged to do justice, by the exertion of this constitutional authority of the people, vested in their representatives?

      The inhabitants of these colonies have, on numberless occasions, reaped the benefit of this authority lodged in their assemblies.

      It has been for a long time, and now is, a constant instruction to all governors, to obtain a PERMANENT support for the offices of government. But as the author of “the administration of the colonies” says, “this order of the crown is generally, if not universally, rejected by the legislatures of the colonies.”

      They perfectly know how much their grievances would be regarded, if they had no other method of engaging attention, than by complaining. Those who rule, are extremely apt to think well of the constructions made by themselves in support of their own power. These are frequently erroneous, and pernicious to those they govern. Dry remonstrances, to show that such constructions are wrong and oppressive, carry very little weight with them, in the opinion of persons who gratify their own inclinations in making these constructions. They CANNOT understand the reasoning that opposes their power and desires. But let it be made their interest to understand such reasoning—and a wonderful light is instantly thrown upon the matter; and then, rejected remonstrances become as clear as “proofs of holy writ.” ^*

      The three most important articles that our assemblies, or any legislatures can provide for, are, First—the defense of the society: Secondly—the administration of justice: And thirdly—the support of civil government.

      Nothing can properly regulate the expense of making provision for these occasions, but the necessities of the society; its abilities; the conveniency of the modes of levying money in it; the manner in which the laws have been executed; and the conduct of the officers of government: All which are circumstances, that cannot possibly be properly known, but by the society itself; or if they should be known, will not probably be properly considered but by that society.

      If money be raised upon us by others, without our consent, for our “defense,” those who are the judges in levying it, must also be the judges in applying it. Of consequence the money said to be taken from us for our defense, may be employed to our injury. We may be chained in by a line of fortifications—obliged to pay for the building and maintaining them—and be told, that they are for our defense. With what face can we dispute the fact, after having granted that those who apply the money, had a right to levy it? For surely, it is much easier for their wisdom to understand how to apply it in the best manner, than how to levy it in the best manner. Besides, the right of levying is of infinitely more consequence than that of applying. The people of England, who would burst out into a fury, if the crown should attempt to levy money by its own authority, have always assigned to the crown the application of money.

      As to “the administration of justice”—the judges ought, in a well regulated state, to be equally independent of the executive and legislative powers. Thus in England, judges hold their commissions from the crown “during good behavior,” and have salaries, suitable to their dignity, settled on them by parliament. The purity of the courts of law since this establishment, is a proof of the wisdom with which it was made.

      But in these colonies, how fruitless has been every attempt to have the judges appointed “during good behavior”? Yet whoever considers the matter will soon perceive, that such commissions are beyond all comparison more necessary in these colonies, than they were in England.

      The chief danger to the subject there, arose from the arbitrary designs of the crown; but here, the time may come, when we may have to contend with the designs of the crown, and of a mighty kingdom. What then must be our chance, when the laws of life and death are to be spoken by judges totally dependent on that crown, and that kingdom—sent over perhaps from thence—filled with British prejudices—and backed by a STANDING army—supported out of OUR OWN pockets, to “assert and maintain” OUR OWN “dependence and obedience”?

      But supposing that through the extreme lenity that will prevail in the government through all future ages, these colonies will never behold any thing like the campaign of chief justice Jeffereys, yet what innumerable acts of injustice may be committed, and how fatally may the principles of liberty be sapped, by a succession of judges utterly independent of the people? Before such judges, the supple wretches, who cheerfully

Скачать книгу