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Mj®)® sJTcS? ®)i Sfetwf ■■ ow WP3)®w Or, Thomas’s Bolton < Pft THftw Qreat LIBERTY umpire our Souls—And make ou?Lives in thy Possession happy—Or, our Deatha gloriouz in th Y juA Defence. Zgjl Vol. IV. j THURSDAY, October 20, 1774. (Numb. 194. 0K .<^^OIE,JmKfJ From the PINISZYLVADIA JoWXNAL. QJJ ERIES propofod *• AMERICA. HITHER the restraint laid by the people of Virginia on their de j%V»slK/4qk legate*, with refpeA to the article 3WTUtUF<B of non-exportation, does no t 0 IxA£ render the Congress totally ineffcc- MnEmModJnU tual, as every other province mutt Y|MKJKw have an equal right to reftritt their refpeftive delegates in any particular article which they may f-ppofe will efteA them 7 for in stance, Pennsylvania might reftramthrift un the a t ide of nonimportation of doth ;-New.Yodc of han.and te. -NIW-England of flannels and calicoea ;-m tort, each province making its particulu exception, may •pan to she admittance of every artide of commerce which Great-Britain or the Indi* company has to «port. S«vW, Whether there is not the ftronrft rM /“"' oi “ P pose, that the ministry have taken precaution* ift, or at least to weaken the operation of Ample non importation; confoquently that a ison-importation r ™~«>r “J whether ail accounts from England do not agree, tl.ata non-exportation to the Weft-lnda Ifland* would be the most certain and rapid means of obtaining redrew . Fourth, Whether, (this being granted) there is any rea fen to bdieve, that the purple are so wanting in public t£- rit as not to abide by this reiolve, if die Congrei into it ? or whether this notion of the P eO P 1 '* ** public spirit to abide by it, is not endeavoured to be pro r gated by merchants interested in the commerce, in order to divert the Congress from this most effedkual rtfolve. Fifth, Whether the manifeft, end indeed avowedl inten sion of the Quebec bill, is not to make use of the Canidt ons as inftramenta for the enflavensent of the Britt ™Sixth, Whether General Carlton will not embody and 4Kupbn< a formidable number for thia putpofe, and name Whether it knot neeeflkry that foms: force Aould, without lof* of time, be prepared to refij th Eighth, Whether the militia, on its present footing, can be depended upon f Ninth, Whether if the militia (eftabli Aed as Ju) can not be depended upon, fame other mode Should not be Whether, from the apparent spirit prevalent in the commonality of this continent, the ««•<’ est reason to believe, that they would submit themfeives to a temporary mutiny aft, that is, that each man won , a time, cede a portion of his individual liberty for the secu rity of the rest ? . . Eleventh, Whether, if this spirit really ex.ftsm the peo ple, it would not be wife to avail ourselves of it, and ob tain their aflent to laws neceflary for the maintamance u that order and discipline, without which, no defence can oe Whether (as it is most certain the confont of the governors of the refpeftive provinces will not be obtain ed to such laws) the people may not, by a law antecedent to all written statutes, that is, a law of God, nature, ano felf-defence, eruft them by their own authority Thirteenth, Whether a fund uecelTary for the support or a body of troop’, fufficient to repel an invasion from Cana da, Should not be immediately prepared » . . Fourteenth, Whether the ’rprehenfion of farther irrita ting the ministry by such a mralure, is not childish and as furd, as it is manifeft, they cannot be more hostile to Ame rica than they are at present ’ Fftunth, Whether it is not more rational to work on the feats of such a ministry, than to dread an inarafe of their animosity * . Sixteenth, Whether a conduft so becoming men, Strug gling ir the cause of liberty, would not make an imp l eSu •n.advantageous to the American* on the minds of the peo ple of England, who (however they may be deluded for a time) are undoubtedly an honest, generous, brave people, and enthusiastic admirers of those who vigorously defend their right* and liberties ? . Seventeenth, Whether the obtaining the good opinion of the people of England doe* not promilc more Solid advanta ges to the eatife of America, that to can possibly flatter herfelf with from petition andaddrcf* to the f *”d par liament—one of which is inveterately obstinate in the pur suit of defpotiftn, the other notoriously abandoned by cor ruption to ell virtue, feeling, and tome ’ Whether therefore a fcnfible, manly, brave remonstrance from the people of America to the p-ople us England, setting forth their right* as men and fellow fub jefts, and averting their rtfolutions to defend them, would nor be produftive of better effefts than any petition or ad dress to such a -f and such a parliament * B o T T - © - N. PROCEEDINGS ts tie tnon »f SANDWICH. AT a legal meeting of the town of Santini b, Septem ber joth 1774, Dr. Natbenid Frtemau, moderator. The report of the committee of cosrefpondence, and sun dry letters t« and from them were read j on which the following votes were palled, viz. xft. Fettd, That the town do approve of the report of the committee, and that the letters communicated by them, contain matter* troiy interesting and alarming, upon which we ought ferioufty to deliberate, aft and determine. 2d. F«t A, That the aft of parliament, commonly called the Boston Port-Bill, i* not only a mod unrighteous vio lation of our charter rights, but an unparralleled instance of cruelty, tyranny and opprefnon, taxiing tn aiienate the the afttftfons, and annihilate the properties of hi* and thereforeought by all mean* to be oppolrd. td. That the two other aft* of the Bntifn par liament, the one entitled, an aft for administration of j all ice ; and the other an regulating government of the province Arc. > earing insult upon depriving clem of the I ngl ft. the factcd charter of this province ; and appear* calculated an impartial administration of justice, to encourage murder and bloodlhed among the people j and therefore touid we tamely submit to them, we could nut answer it to God, our own conference*, or to our fellow men and posterity j therefore wv are resolved we never will lubmlt, but that we will oppose them, even although it may be at the rilque of our lives and fortunes. 4th. Ftted, That as a likely mean* of obtaining a redref* of our great grievance* without the carnage and dilolation of a civil war,that we will not import any j,o ds from Great- Britain contrary to the agreement of the cou try in gene ral, nor fuller any among u* to import, or purchase of any one who does import, till the laid grievances are fully re dressed, and the port of Boston be opened. jth. Foil’d, That as our brethren of the town of Bolton are fullering in a common cause, mernb for their Handing foremoft in support of it, that it isour duty to afford them relief, and therefore that fubfcripti ‘ pap-rs for that purpose be opened, and handed aoout among the people, by the Seleft-men of this town, and by the committee nf corre pondence of the fame ; and that they recommend it to individuals to contribute to their reset s* afocefaid, and that they remit whatever they colleft to the overfeer* of the poor of the town of Boston. 6th. Fold, That whereas the capital of thia province is aftually besieged with a fleet and army, making continu al hostile preparation* and frequently seizing upon and rob bi% the country of their mean* of defence, that we esteem k neceflary for the people to be well provided with arm* and atnunition, and do recommrnd it to every male inhabi tant of thia town of lixteen year* of age to be provided ac cordingly, and th st they attend frequently to military wen cife i that the committee of correspondence use their deavora to perfwade the people thereto by csllineasJJoiitfrm to aflcmble for that purpose, and that the be di rested to focure the powder of this town accotdlhgiyi iehtjr best judgment and difcrecion, and to fee that foil complement. yth. Foted, That a congress of deputies from the Teveral •swn* in ibw cminty —• •• ar rbi« time ; thatre committee for this town be therefore choleo to con- Gft es (even perlons (any three of whom to be a quorum) to meet at the time and place that Ihall be agreed upon by the major part us the committee that (ball be chosen in the county. Dr. Nathaniel Freeman, Meflrs. Simeon Filk, Jotoa Tobey, Lot Nye, Seth Freeman, Thomas Nye, and Micah Blackwell to be the committee. Btn. Fottd, That every perfen in this town use hi* en deavour to suppress common pedlar* of English, Scotch or India good*, and that the several inr.bolder* in this town be desired to refofe to entertain them, and that the fawn dak be defned to serve each innholder with a copy of thi* vote. qth. F»ttd, That the town derk be required to make a fair record of all letter* which the Seleft-men may have received from the town es Boston, or which the committee of correspondence have received from mat and other towns, and of the letters they have tent out, together with the re port of said committee last March, and at the present meet ing, after which to return the original papas to the com rortree, and that he give the committee an attested copy of the votes and proceedings of this meeting, who are desired to publifo the fame in the public papers, and that all future letters be recorded. 10th. Fotti, That the Seleft-men be direfted to pur chife a chest of arms and deiiva them out according to their dtfererion to the inhabitants of the tow n at the tuft cost, also to purchase four barrel* of powder, with lead and flints answerable, to be kept as an addition to the town ft»ck. A true copy, Attest. BENJAMIN FESSENDEN, Town-Clak. AT a meeting of the town of Sandwich, September y*th, 1774, Doftor Nathaniel Freeman, moderator. Ftttd, That the thanks of this town be given to the gentlemen from the county of Plymouth and Bristol, who lately auended in this county, to use their endeavour* to prevent the late opprefiive aft* of parliament from taking I lace ; that a committee of three pedon* be chosen for that purpose, Meflrs. Nathaniel Freeman, Seth Freeman and John Dillingham, jun’. were accordingly cholen. Attest. B. FESSENDEN, Town-Clerk. TRUTH TRIUMPHANT. Or a Findicuian es tbt Cdiri'i, frem t febjeSiett tl a furt'ifu Ltfi/latim, at wE at TaaetiM, fhevin in a Pan.f bitt let llt publijhtd i" London, entitltd, A DECLARATION Of tbt ateple't natural tn a Sbart in tbt Lepjlatvrt, white tt tbt fundatnm(tl PrineifU ts tbt Brutjb CtnJH ration, or ftatt. SHARPE. Of tbt Oto Jzwav, LONDON. AN accurate and critical knowledge of law (such ** can only be acquired by much reading and long ex perience in the profelfion) is indeed a neceflary qualification fi>t those perfoos who undertake to deliver their opinion* concerning the nicer and more difficult quest ion* of jutif prudence ; but when the natural rigbtt of any of our fellow fabjeft* are apparently at flake, every man ha* a right to judge for himfelf, and to declare hi* fentimenti, at far a* flam condufiont of rejfea and rwnwcv /re/e will fairly war rant ; and inch only are referred to, in the following declara tion of the natural right of popular representation in the le gislation. “ Amovg all the right* and privileges appertaining unto us," (said that truly n«ble lawya,Lnrd Sommers) M that of having* Ihare in the legislation, and being to be governed by foch law* a* we toll choose, it the most fun damental and well as the most advantagtwi and beneficial, fie." And as all Britith fubjefts,whether in Great Britain, Ire land, or the colonie*, are equally frtt by the law W nature, they certainly are equally entitled to the fame natural rights that are tftttial for their own preiervation ; be cause thi* privilege of ** banting a fbort in tbt Itgifatun" io not merely a Brufb right peculiar to tbit bat it *8 also a natural right, which cannot, without the most flag rar* ano tamulatin; injustice be withdrawn frotti any part of the Briufli empire by any worldly autbority wbatfotvtr : be- cause, by the natural law, whereunto he, [Almighty God] hath made all fobjeft, (fay* the learned Hooker) “ the lawful p*wa of making law*, to command whole pditu fotittiti of mtn, belongeth so properly unto tbt fame entire fecietiet, that-for any prince or pot-nute, of wbat kind feever upon earth, to txercife the fame of himfelf," (or theinfeve*) w and not either by expref*commifikin immedia tely and personally received from God, or elle by authority derived at the fiift from their consent upon wbofe perfont they impfe lawt, it is no better than mere tyranny ' Laws they are not, tbertfort, which public apprtbafien hath not made so." Agreeable to the fame just principles of natural equity i* that maxim of the English constitution, that, “ law, to bind all, mufl btafftnted to by all j” (Principia Leg. et .-Equit. p. 56) and there can bb no legal appearance of ajftnt without feme degree of representation. It must indeed be acknowledged, that the representation of the people of England i* not So perfeft a* equity m»y Seem to require, Since vay many individual* have no VoTX in eleftiuns, and confrquently cannont be said expressly to sue their afftnt to the law* by which they are governed t Ne veitheiefi, the whole country which they inhabit, and in which tliev earn their bread, and even the very houfe* in which thay live (whether they are houfekeepea* or lodgers) are represented by the votes of the refpeftive oroprietor* ; fincc every frefboldtr has a right to vett ; so that, in this one refpeft, the reprenfentation is general ; and, though far from roust, would still be a Sufficient check againll arbitrary power, and aSford fufficient fccurity for the lives and property of thole per Sons who Lave no vote, if the laws against parliamentary corruption (and especially that aft of 7 snd 8 Wil. 111. c. 4.) were duly enforced ; and also If all perlon*, who arc tntrufted with the disposal of public money, were required to render a ftrift acccunt of it, and to be severely puniShed whenever convifted of exerting the in- of the public treasury against public liberty ; which ; ■ the mo.t baneful treachay and dishonesty that men in. slice Twho are the fer»ant#of tbtpublic a* well a* of the Kmg van p- STibly commit. But, notwithstanding the inequality of the Engliih rtprtfentatien, and the variou* mean* praC tifed to onupt rt, yet it bat been the principal Instrument ot pH*«r*mg am. ngtt u» thole remains of natural liberty which we still enjoy in a greater proportii.n than must other kingdoms, and has occasioned more examples of just retribution on tyrant!, traiton, and court favauriteie in the English annals, than the hiltory of any other nation affords ; so that M. Rapin is thereby led to conc.ude hi* account of K. Richard 11. (that notorious compter of ptfiiaments, ami enemy to the privileges of London and other corporation*) with the following rtflec tion: " ■- »» That, in a government such as that of Eng- land, all the eff -r* that the sovereign makes, to usurp an abfoiute audioricy, are so many ftep* which lead him to wardi the precipice.’*——lt is m.mfeft, therefore, that the Conflkusional government of England, even with all in de~ ftfh, i» infinitely better than any other form of government whereby the people ott deprived of their just Share in the le gislature} so that the inequality of representation in thio illand aftorda no just arguircnt for setting afua the nprrfentation of the people in other part* of the British empire ; becau'e Mperience teache* us, that even a dtfeßh t ttprefentarion it better than none at all j and therefore it i* highly unreafen able aad contrary to natural equity to pretend that our bseth'cn and fellow Subjeft* in the morediftant parts of the Britifli empire ought to be deprived of their natural rigbn and libertiet, needy because our own liberrit* ore not entirely perftfi I or h*ufe our own representation in the legislature appears, in fame few refpeft*, to be defeftive! and it wou4 be quite a* unteafonabl* to aliedge, that the prin ciple or reaion of the maxim before quoted (vim. that law to bind alt, must be tffmtld toby all) it unjust and incon clusive, merely because it would be vay difficult to accom plish it literally by the expref* offent of every individual I but it is clearly Sufficient that the maxim be construed to fignify that delegatedafftnt of the people by a majority of their legd'acfrefentativet, which is rorft it uftonally neccSTiny to make all lawt btnding ; and such a legal representation ofthe|lenple i» therefore absolutely neceflary tn constitute an effedual lagiflature for any part of the Britifli empire ; for no tag can be levied without manifeft robbery and injuftiee, <hae thi* legal andcon/Htuti nal reprefentatton i* winting j because the English law abhor* the idea of taking the least property from freemen without their free confent^— M It ii iniquitoui" “ miquium est," fay* the maxim) “ that free men Shoold not have the free difpufal of then own eSTefts I and whatever is iniquitoui can never be made lawful by any g .thority on earth } nor even by the united authority of King, Lords, and common*, for that prould be contrary to the eternal lawr of Cod, which are Supreme. In every point of view, th* making law* for the fub jeft* of any part of the Britifia empire, without their parti, ctpation and offent, i* iNiqu xtous, and therefore unlaw ful 1 For though the purport of any law, so m ide, be in itfelfpafeftly just and equitable, yet it become* otherwise ; (that huujuft and imquitoui, and therefore unlawful) by the want of theft neceSTary legal ferma/tom of re prefentatitin and assent I For if the inhabitant* of one port of the empire might determine a question, or enaft a law, for rhe peculiar advantage only of that one port, though to the manifeft detriment and injury of another part, without the representation of the latter, the former part would be made judget in their own cause s a circumstance that would be literally partial! the very reverie of justice and natural equity, and which must, therefore, be esteemed iniquity, even to a fundamental maxim, vim. < it i< Ik tqv itobi < for any one to ba a judge in bii own caufe.' Partiality is, theiefore, such ma abomination in tlw eye of the law, that no power on earth can make it lawful : For • even 0 an aH of Parliament, (lay* the learned Judge Hobart, np. 87) ‘ made against hatvwal zquiTr, at to make • a man judge in bit own tefe,' (foe example, obferre, i* the « very point in question) h void nitfeif j' tor “ Natural « right it immutable; it is the law oS laws.” Every King of England (apparently for the fame ruf.n\ • retrained by the law from changing or making new lawt • without the aflent or conieot us hit wnot z kxnspom ‘in Parliament wpeefftd. And the wbtle Kingdcm e*cn <tf Great-Britain x(«f, iaonly a part of she empirt ; and tbe efore, by* parity ofreafoning, cannot , or equitably be permitted to make !»w* for the while ; > because • where the lame rtaftn it, the fame law (or right) * must prevail For ‘ turpi* est pan qua non con ‘ venit cum fun totof (Plowden 1 ' nihil in lege ‘ intderabiliui eft*eandum rem dtvtrfo jure cenferi.’ 4Co. 8;. The free representation of the people h tbt legijlature is, therefore, to be esteemed, of all our rights, the most effn tial, (aa Lord Sommais hu declared) to maintain that ex cellent equilibrium of power, or mixt government, limited by law, which our ancestors hove always most scaloufly ts. Sorted, and transmitted to us. as our best brntb-rigbe and inbtiitanee ; so that every attempt tt Jet tbt fame aside in any degree, or in any fart of tbe Empire, or to corrupt it by undue influence of places and penfl m*, or bribes with public money, is trtafen against tbe coiftiiution', the highest us trraion t And therefore wlNtfoever is ordained, that can clearly be proved to be contrary to tbe ccnditutma, must be allowed to be fundamentally wrong, and therefore null and void of itfelf; for < fuUato fundamento, cadit opu*.’ (Jenk. CeuL 106.) But more particularly the parliament ha* no power to give up the ancient and eftahlilhrd tight of the beepie to be represented in the legijlature ; because an ad for so bast * purpufe would entirely subvert the principle* and constituti on on which the very exillence of the leg flature itfelf, which ordained it, 1* formrd I so that such an unnatural aft us the state would be parallel to the crime of feh de ft in a private petlbn; and, being thua contrary to “ the na ture of things, san never be, rendered valid by any autho rity whatsoever." And indeed it is laid down as a maxim, by tile great Lord Sommers, that «no man or Society of men have power to deliver up tbeir prefer vat ion, or the means of it, to tlie abfoiute will of any man" (or msn); “ and tbry will always have a right to preserve what they have not power to part with.” P.»6. And if * politic fode ty hm nu just power to deliver up even iti own preservation, it certainly Las much left tight to deliver up the neceflary preservation of «chcr Societies of their brethren and fiends (not repteSsmcd among them) without tbeir conftnt : and all such attempts must naceflirily be dremed void and nof fcdual, because« there is no nectflity to obey, whet* there it no authority to oidain.” For at it so eteady q*. pcait, from what hat uten said, that natural equity dear not permit wen tbe inferior property us lands, goodt. chat tels or money, to be anenated wi.hiut the cenjent or fault of the proprietors, much lei* can it permit the alienation, annulling, or changing, < f our most valuable inb'rnance, ti e law, without the due afftnt and conftut of tbe terttert themfnve*, the people at large, or their lawful lives in their refpeftive affi mbiie* or parliament*! This Is a neceflary conclusion of reason and cemmcn ftnfc, drawn from She efted arid force of natural equity, even in calet of much left contequence (vig. refpeding good* and pecuniary pio perty ;) so that the diltinAion which Some great and able po. licicians have lately made, between taKat'wn and legiftatioa (in the late dilpute* about taxing the colonics) wascertainly ertenetut, though well intended, fine* it plainly appears, that tltt right ot legftjtum is not left mfeparablc, by natu ral equity, from the people of every part of the BritiSh em pire, than the right of granting or with-balding taxee ; for, otherwise the free fubject* of one part of tbe empire would be liable to be most materially injured in their greatest and most valuable inheritance, tbe law, by rhe hasty decifion* of men on the ether fide of the empire, with w.'ium proba bly they would be totally unacquainted, andwhofe intertft might pahapsbe at widely different .from their* (for any thing they could know to the contrary) a* their situation upon tbe face of the globe ii dftant ; that is, is widely dis. ferent at tbe East it from tbe tFft ’ would this be equita blc I cinild such notorious injujfiee be ever made lawfal > the true constitutional mode of ceaneffing BritiSh domini ons, that are otherwise Separated by nature, is demonftrs ted by the eftabhShrd example of tbe union of Great-Britain aud Ireland, which by long experience has proved to be fufiiciently efleAuai. It must be acknowledged indeed, that an ad of parliament was made in the 6th of King George I. chapter j. wherein it Is laid down that, “ tho king and parliament of Great-Britain may make lawt to bind Irrland." But Mit doe* not appear that the parlia ment of Ireland ever acknowledged nr give any fwmal effor t to tbe Said aft, the fame must oeceflanly be < onliderru *g g mere afftrtum on one part, at the malting of which, the perlons most materially concerned, on the other port wao neither him an, nor reprrfentrd I a defe£t the must noto rious chat can poflioly be attributed to any proceeding, ei ther in <he matting or execution ofla-.vt t and therefore it i* to very little purpose tu cite tbe laid aft a* a precedent for taxing the American fubj.fts without their consent; for the privileges which the parliament of Ireiand ha* mamtain ed and enjoyed, both before and Since that time (clearly diftindl and reparate from the British parliament) afford a better and more authentic precedent on the other fide of tbe question (viz. in behalf of the people’s raturo! right,) than the aft itfelf dues against them, fora* the king and the people (including the Lords and commons) of Great-Britain constitute the jovercign power, (unda God) or legifbtute of Great-Britain, Su the king and p-ople of Ireland are the natural and cucflitutional legiflihire or state of that kins. dom, and aAuifly esucife (k>th in and taxation) their diftinft jimSJiAion, to tliu day, which ia the best proof of their right; and in like manner, according to ti e ancient and eftabl Shed legal precedent, the king, together with the people of every diftinA province, fubjeA to the imperial crown ot Great Britain, and detadied (as Ire Jard ir) from this Island, ought to be, ar.d have been efleetn-d, from the firfl eftiWillrr.ent ot mu colonies, tbe only pre jer and conrtitutionaf iegiifa'iun for each p. ovinee refpefliviw because the roprefottation of tbepeople, in ever/ part of tl r Britiih empire, i* aufaluteiy ueceiluy to eonftitwtt on efec teal legijlature, xc-xding to the fundamental principle* <.f the hngnlhcuiiitituticn , ibr none nfthem, Aporwiv/y cars be esteemed a cempetent leg fixture to judge us the <d tier’s rigbtt, without the higher injuftief anl irioa : ty, which i* Before demonttrateu by lome of tbe tu fl irum or wponclpfe, of r,afon. And yet, however dii«u>£ thele forenl part* provinces may Rem, in point of fitvatio t, aa well a* in d • axeAiie of a separate leg>ffari*e power for tach, (which co,, ffiruuorral right they have enjoyed beyord :ho mem«v of man) they ate oevenheler. firmly united by the riwle nf tire BritiShdiadem, so as to form ere n..JI empire, which «*H> nmr be divided, ix <• ute and Lot th fakocy be adep. j