In pursuance of this plan, it shall now be taken for granted, that as we were free-born, never made slaves by the right of conquest in war, if there be indeed any such right, nor sold as slaves in any open lawful market, for money, so we have a natural right to our own, till we have freely consented to part with it, either in person, or by those whom we have appointed to represent, and to act for us.
It shall be taken for granted, that this natural right is declared, affirmed and secured to us, as we are British subjects, by Magna Charta; all acts contrary to which, are said to be ipso facto null and void: And, that this natural, constitutional right has been further confirmed to most of the plantations by particular subsequent royal charters, taken in their obvious sense; the legality and authority of which charters was never once denied by either house of Parliament; but implicitly at least acknowledged, ever since they were respectively granted, till very lately.
It is taken for granted also, that the right of trial by juries, is a constitutional one with respect to all British subjects in general, particularly to the colonists; and that the plantations in which civil government has been established, have all along, till of late, been in the uninterrupted enjoyment of both the rights aforesaid, which are of the utmost importance, being essential to liberty.
It shall, therefore, be taken for granted, that the colonies had great reason to petition and remonstrate against a late act of Parliament, as being an infraction of these rights, and tending directly to reduce us to a state of slavery.
It is, moreover, taken for granted, whatever becomes of this question about rights, that an act of that sort was very hard, and justly grievous, not to say oppressive; as the colonies are poor, as most of them were originally settled at the sole and great expence of the adventurers; the expence of their money, their toil, their blood; as they have expended a great deal from time to time in their wars with their French and savage neighbours, and in the support of his majesty’s government here; as they have, moreover, been ever ready to grant such aids of men and money to the crown, for the common cause, as they were able to give; by which means a great load of debt still lies on several of them; and as Great Britain has drawn vast emolument from them in the way of commerce, over and above all that she has ever expended for them, either in peace or war: So that she is, beyond all comparison, richer, more powerful and respectable now, than she would have been, if our fathers had never emigrated: And both they and their posterity have, in effect, been labouring, from first to last, for the aggrandizement of the mother-country. In this light, that share of common sense, which the colonists have, be it more or less, leads them to consider things.
It is taken for granted, that as the surprising, unexampled growth of these colonies, to the extension of his majesty’s dominion, and prodigious advantage of Britain in many respects, has been chiefly owing, under God, to the liberty enjoyed here; so the infraction thereof in two such capital points as those before referred to, would undoubtedly discourage the trade, industry and population of the colonies, by rendering property insecure and precarious; would soon drain them of all their little circulating money; would put it absolutely out of their power to purchase British commodities, force them into manufactures of their own, and terminate, if not in the ruin, yet in the very essential detriment of the mother-country.
It shall, therefore, also be taken for granted, that altho’ the colonies could not justly claim an exclusive right of taxing themselves, and the right of being tried by juries; yet they had great reason to remonstrate against the act aforesaid on the footing of inexpedience, the great hardship, and destructive tendency of it; as a measure big with mischief to Britain, as well as to themselves; and promoted at first, perhaps, only by persons who were real friends to neither.
But as to any methods of opposition to that measure, on the part of the colonies, besides those of humble petitioning, and other strictly legal ones, it will not, I conclude, be supposed, that I appear in this place as an advocate for them, whatever the general sense of the colonists may be concerning this point. And I take for granted, that we are all perfectly agreed in condemning the riotous and fellonious proceedings of certain men of Belial,* as they have been justly called, who had the effrontery to cloke their rapacious violences with the pretext of zeal for liberty; which is so far from being a new thing under the sun, that even Great Britain can furnish us with many, and much more flagrant examples of it.
But, my brethren, however unconstitutional, oppressive, grievous or ruinous the aforesaid act was in its nature, and fatal in its tendency, his majesty and the Parliament have been pleased to hearken to the just complaints of the colonies, seconded and enforced by the prudent, spirited conduct of our merchants; by certain noble and ever-honored patriots in Great Britain, espousing our cause with all the force of reason and eloquence, and by the general voice of the nation: So that a total repeal of that dreadful act is now obtained. His majesty and the Parliament were far too wise, just and good to persist in a measure, after they were convinced it was wrong; or to consider it as any point of honor, to enforce an act so grievous to three million good subjects, so contrary to the interest of the British merchants and manufacturers, and to the general sense of the nation. They have been pleased, in the act of repeal itself, greatly to their honor, implicitly to acknowledge their fallibility and erroneous judgment in the other act, by saying, that “the continuance of the said act would be attended with many inconveniences, and might be productive of consequences greatly detrimental to the commercial interests of those kingdoms.” These being the reasons assigned for the repeal, we may justly conclude, that if those many inconveniences and detrimental consequences could have been foreseen, the act complained of would never have been passed. And as the same reasons will doubtless operate at least as strongly, probably much more strongly hereafter, in proportion to the growth of the colonies, than they do at present, we may naturally conclude also, that an act of the like nature will never again be heard of.
Thus “our soul is escaped as a bird from the snare of the fowlers; the snare is broken, and we are escaped”; tho’ not without much struggling in the snare, before it gave way, and set us at liberty again. But when I speak of that pernicious act as a snare, and those who prepared it for us as fowlers, greedy of their prey, let it be particularly observed, that I intend not the least reflexion on our gracious sovereign or the Parliament; who must not be supposed to have any evil designs against the colonies, which are so necessary to Great Britain, and by which so many thousands of her manufacturers are supported, who, but for them, must actually starve, emigrate, or do what I chuse to forbear mentioning. No! I apply this, as I conclude you will, only to some evil-minded individuals in Britain, who are true friends neither to her nor us; and who accordingly spared no wicked arts, no deceitful, no dishonorable, no dishonest means, to push on and obtain, as it were by surprise, an act so prejudicial to both; and, in some sort, to the ensnaring of his majesty and the Parliament, as well as the good people of America: Being, not improbably, in the interests of the houses of Bourbon and the pretender, whose cause they meant to serve, by bringing about an open rupture between Great Britain and her colonies! These, these men, my brethren, are the cunning fowlers, these the ensnarers, from whose teeth “our soul is escaped as a bird”: And such traitors will, doubtless, e’er long be caught in another snare, suitable for them, to the satisfaction of the king’s good subjects on both sides the Atlantic, if his majesty and the Parliament should judge it necessary for the vindication of their own honor, or for the public good, to bring them to condign punishment.
Let me just add here, that according to our latest and best advices, the king, his truly patriotic ministry and the Parliament have the interest, particularly the commercial interest of the colonies much at heart; being now disposed even to enlarge, instead