not yet been pleased to point out to you, except order sent unto them, under the hand of the clerk from that clause, which restrains us from making of the honorable house of commons, shall be enter laws repugnant to the laws of England; that it was ed among their public records, to remain there the sense of our predecessors, at the time when junto posterity. And, in an address to parliament, the charter was granted, that they were to remain nine years after, they acknowledge, among other subject to the supreme authority of parliament. undeserved favors, that of taking off the customs from them.

Besides this clause, which I shall have occasion

be

dom, seeing the two words can properly convey but one idea, and they have one and the same signification in the different languages from whence they are derived. I do not charge you with any design; but the equivocal use of the word realm, in several parts of you answer, makes them perplexed and obscure. Sometimes you must intend the whole dominion, which is subject to the authority of par. liament; sometimes only strictly the territorial realm to which other dominions are, or may be annexed. If you mean that no countries, but the ancient territorial realm, can, constitutionally, subject to the supreme authority of England, which you have very incautiously said is a rule of the common law of England-this is a doctrine which you will never be able to support. That the common law should be controled and changed by statutes, every day's experience teaches; but that the common law prescribes limits to the extent of the legislative power, I believe has never been said upon any other occasion. That acts of parliaments, for several hundred years past, have respected countries, which are not strictly within the realm, you might easily have discovered by the statute books. You will find acts for regulat. ing the affairs of Ireland, though a separate and distinct kingdom. Wales and Calais, whilst they sent no representatives to parliament, were sub. ject to the like regulations; so are Guernsey, Jersey, Alderney, &c. which send no members to this day. These countries are not more properly a part of the ancient realm, than the plantations, nor do I know they can more properly be said to be annexed to the realm, unless the declaring that acts of parliament shall extend to Wales, though not particularly named, shall make it so, which conceive it does not, in the sense you intend.

further to remark upon before I finish, you will I am at a loss to know what your ideas could find that, by the charter, a grant was made of be, when you say that, if the plantations are not exemption from all taxes and impositions upon part of the realm, they are not part of the kingany goods imported into New England, or exported from thence into England, for the space of twenty. one years, except the custom of five per cent. upon such goods as, after the expiration of seven years, should be brought into England. Nothing can be more plain, than that the charter, as well as the patent to the council of Plymouth, constitutes a corporation in England, with powers to create a subordinate government or governments within the plantation, so that there would always be sub. jects of taxes and impositions both in the king. dom and in the plantation. An exemption for twenty one years, implies a right of imposition after the expiration of the term, and there is no distinction between the kingdom and the plantation. By what authority then, in the understanding of the parties, were those impositions to be laid? If any, to support a system, should say by the king, rather than to acknowledge the authority of parliament, yet this could not be the sense of one of our principal patentees, Mr. Samuel Vassal, who, at that instant, 1628, the date of the charter, was suffering the loss of his goods, rather than submit to an imposition laid by the king, without the authority of parliament; and to prove that, a few years after, it could not be the sense of the rest, I need only to refer you to your own records for the year 1642, where you will find an order of the house of commons, conceived in such terms as discover a plain reference to this part of the charter, after fourteen years of the twenty-one were expired. By this order, the house of commons declare, that all goods and merchandise ex ported to New England, or imported from thence, shall be free from all taxes and impositions, both in the kingdom and New England, until the house shall take further order therein to the contrary. The sense which our predecessors had of the bene- Thus, I think, I have made it appear that the fit which they took from this order, evidently ap- plantations, though not strictly within the realm, pears from the vote of the general court, acknow-have, from the beginning, been constitutionally ledging their humble thankfulness, and preserv-subject to the supreme authority of the realm, ing a grateful remembrance of the honorable re-and are so far annexed to it, as to be, with the spect from that high court, and resolving, that the realm and the other dependencies upon it, one

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entire dominion; and that the plantation, or colony a subordinate legislature immediately, or in perof Massachusetts-Bay in particular, is holden as son, than when he does it mediately by his goverfeudatory of the imperial crown of England. Deem nor or substitute; but if it could be admitted, that it to be no part of the realm, it is immaterial; for, such an assent discovered the king's judgment to use the words of a very great authority in a that Virginia was independent, would you lay any case, in some respects analogous, "being feudatory, stress upon it, when the same king was, from time the conclusion necessarily follows, that it is under to time, giving his assent to acts of parliament, the government of the king's laws and the kings's which inferred the dependence of all the colonies, courts, in cases proper for them to interpose, though and had, by one of those acts, declared the plants. (like counties Palatine) it bas peculiar laws and tions to be inhabited and peopled by his majesty's customs, jura regalia, and complete jurisdiction at subjects of England? home."

I gave you no reason to remark upon the absurdity Your remark upon, and construction of the words, of a grant, to persons not born within the realm, of not repugnant to the laws of England, are much the same liberties which would have belonged to the same with those of the council; but, can any them, if they had been born within the realm; but reason be assigned why the laws of England, as rather guarded against it, by considering such grant they stood just at that period, should be pitched as declaratory only, and in the nature of an assurupon as the standard, more than at any other ance, that the plantations would be considered as period? If so, why was it not recurred to when the the dominions of England. But is there no absurdity second charter was granted, more than sixty years in a grant from the king of England, of the liberafter the first? It is not improbable, that the ties and immunities of Englishmen to persons born original intention might be a repugnancy in gene-in, and who are to inhabit other territories than ral, and a fortiori, such laws as were made more the dominions of England; and would such grant, immediately to respect us, but the statute of 7th whether by charter, or other letters patent, be and 8th of king William and queen Mary, soon sufficient to make them inheritable, or to entitle after the second charter, favors the latter construc- them to the other liberties and immunities of Engtion only; and the province agent, Mr. Dummer, in lishmen, in any part of the English dominions? his much applauded defence of the charter, says, that, then, a law in the plantations may be said to As I am willing to rest the point between us, be repugnant to a law made in Great Britain, when upon the plantations having been, from their first it flatly contradicts it, so far as the law made discovery and settlement under the crown, a part there mentions and relates to the plantations. But, of the dominions of England, I shall not take up gentlemen, there is another clause, both in the any time in remarking upon your arguments, to first and second charter, which, I think, will serve show that, since that time, they cannot have been to explain this, or to render all dispute upon the made a part of those dominions. construction of it unnecessary. You are enabled to impose such oaths only, as are warrantable by, or not repugnant to the laws and statutes of the realm. I believe you will not contend, that these clauses must mean such oaths only, as were warrant. able at the respective times when the charters were granted. It has often been found necessary, since the date of the charters, to alter the forms of oaths to the government by acts of parliament, and such alterations have always been conformed to in the plantations.

The remaining parts of your answer, are principally intended to prove that, under both charters, it hath been the sense of the people, that they were not subject to the jurisdiction of parliament, and, for this purpose, you have made large extracts from the bistory of the colony. Whilst you are doing honor to the book, by laying any stress upon its authority, it would have been no more than justice to the author, if you had cited some other passages, which would have tended to reconcile the passage in my speech to the history. I have Lest you should think that I admit the authority said that, except about the time of the anarchy, of king Charles the II. in giving his assent to an which preceded the restoration of king Charles act of the assembly of Virginia, which you subjoin the II. I have not discovered that the authority c to the authorities of James the I. and Charles the parliament had been called in question, even by Ț. to have any weight, I must observe to you, that particular persons. It was, as I take it, from the I do not see any greater inconsistency with Magna principles imbibed in those times of anarchy, that Charta, in the king's giving his assent to an act of the persons of influence, mentioned in the bistory,

disputed the authority of parliament, but the go- governors, by the act of the 12th of king Charles vernment would not venture to dispute it. On the the II. until the time which I have mentioned.contrary, in four or five years after the restora. Upon the revolution, the force of an act of parlia tion, the government declared to the king's comment was evident, in a case of as great importance missioners, that the act of navigation had been for as any which could happen to the colony. King some years observed here, that they knew not of William and queen Mary were proclaimed in the its being greatly violated, and that such laws as colony, king and queen of England, France, and appeared to be against it, were repealed. It is Ireland, and the dominions thereunto belonging, not strange, that these persons of influence should in the room of king James; and this, not by virtue prevail upon a great part of the people to fall in, of an act of the colony, for no such act ever passed, for a time, with their opinions, and to suppose but by force of an act of parliament, which altered acts of the colony necessary to give force to acts the succession to the crown, and for which the of parliament. The government, however, several people waited several weeks, with anxious concern. years before the charter was vacated, more ex- By force of another act of parliament, and that plicitly acknowledged the authority of parliament, only, such officers of the colony as had taken the and voted that their governor should take the oaths of allegiance to king James, deemed them. oath required of him, faithfully to do, and perform selves at liberty to take, and accordingly did take, all matters and things, enjoined him by the acts the oaths to king William and queen Mary. And of trade. I have not recited in my speech, all that I may mention other acts of the like nature these particulars, nor had I them all in my mind; together, it is by force of an act of parliament, that but, I think, I have said nothing inconsistent with the illustrious house of Hanover succeeded to the them. My principles in government, are still the throne of Britain and its dominions, and by several same with what they appear to be in the book other acts, the forms of the oaths have, from time you refer to; nor am I conscious that, by any part to time, been altered; and, by a late act, that form of my conduct, I have given cause to suggest the was established which every one of us has comcontrary. plied with, as the charter, in express words, res quires, and makes our duty. Shall we now dispute whether acts of parliament have been submitted

Inasmuch, as you say that I have not particularly pointed out to you the acts and doings of the general assembly, which relate to acts of parliament, I will do it now, and demonstrate to you that such acts have been acknowledged by the assembly, or submitted to by the people.

From your predecessors' removal to America, until the year 1640, there was no session of parliament; and the first short session, of a few days only, in 1640, and the whole of the next session, until the withdraw of the king, being taken up in the disputes between the king and the parliament, there could be no room for plantation affairs. Soon after the king's withdraw, the house of commons passed the memorable order of 1642; and, from that time to the restoration, this plantation seems to have been distinguished from the rest; and the several acts and ordinances, which respected the other plantations, were never enforced here; and, possibly, under color of the exemption, in 1642, it might not be intended they should be executed.

For fifteen or sixteen years after the restoration, there was no officer of the customs in the colony, except the governor, annually elected by the people, and the acts of trade were but little regarded; nor did the governor take the oath required of

to, when we find them submitted to, in points which are of the very essence of our constitution? If you should disown that authority, which has power even to change the succession to the crown, are you in no danger of denying the authority of our most gracious sovereign, which I am sure none of you can have in your thoughts?

I think I have before shewn you, gentlemen, what must have been the sense of our predecessors at the time of the first charter; let us now, whilst we are upon the acts and doings of the assembly, consider what it must have been at the time of the second charter. Upon the first advice of the revolution in England, the authority which assumed the government, instructed their agents to petition parliament to restore the first charter, and a bill for that purpose passed the house of commons, but went no further. Was not this owning the authority of parliament? By an act of parliament, passed in the first year of king William and queen Mary, a form of baths was established, to be taken by those princes, and by all succeeding kings and queens of England, at their coronation; the first of which is, that they will govern the people of the kingdom, and the dominions thereunto belong. ing, according to the statutes in parliament agreed

on, and the laws and customs of the same. When in the administration six months from the demise the colony directed their agents to make their of queen Anne, and immediately after, the council humble application to king William, to grant the assumed the administration, and continued it until second charter, they could have no other pretence, a proclamation arrived from king George, by virtue than, as they were inhabitants of part of the of which governor Dudley reassumed the govern dominions of England; and they also knew the ment. It would be tedious to enumerate the oath the king had taken, to govern them according addresses, votes and messages, of both the counto the statutes in parliament. Surely, then, at cil and house of representatives, to the saine purthe time of this charter, also, it was the sense of pose. I have said enough to shew that this goour predecessors, as well as of the king and of vernment has submitted to parliament, from a conthe nation, that there was, and would remain, a viction of its constitutional supremacy, and this not supremacy in the parliament. About the same from inconsideration, nor merely from reluctance time, they acknowledge, in an address to the king, at the idea of contending with the parent state. that they have no power to make laws repugnant to the laws of England. And, immediately after If, then, I have made it appear that, both by the the assumption of the powers of government, by first and second charters, we hold our lands, and virtue of the new charter, an act was passed to the authority of government, not of the king, but revive, for a limited time, all the local laws of the of the crown of England, that being a dominion of colonies of Massachusetts-Bay and New Plymouth, the crown of England, we are consequently subrespectively, not repugnant to the laws of Eng-ject to the supreme authority of England. That land. And, at the same session, an act passed, this hath been the sense of this plantation, except establishing naval officers, in several ports of the in those few years when the principles of anarchy, province, for which, this reason is given; that all which had prevailed in the kingdom, had not lost undue trading, contrary to an act of parliament, their influence here; and if, upon a review of your made in the 15th year of king Charles the II. may be prevented in this, their majesty's province. The act of this province, passed so long ago as the second year of king George the I. for stating the fees of the custom house officers, must have rela. tion to the acts of parliament, by which they are constituted; and the provision made in that act of the province, for extending the port of Boston to all the roads, as far as Cape Cod, could be for no other purpose, than for the more effectual carrying the acts of trade into execution. And, to come nearer to the present time, when an act of You ask me, if we have not reason to fear we parliament had passed, in 1771, for putting an end shall soon be reduced to a worse situation than to certain unwarrantable schemes, in this pro- that of the colonies of France, Spain, or Holland. vince, did the authority of government, or those I may safely affirm that we have not; that we have persons more immediately affected by it, ever dis- no reason to fear any evils from a submission to pute the validity of it? On the contrary, have not the authority of parliament, equal to what we must a number of acts been passed in the province, the feel from its authority being disputed, from an burdens to which such persons were subjected, uncertain rule of law and government. For more might be equally apportioned; and have not all than seventy years together, the supremacy of those acts of the province been very carefully parliament was acknowledged, without complaints framed, to prevent their militating with the act of grievance. The effect of every measure cannot of parliament? I will mention, also, an act of par- be foreseen by human wisdom. What can be liament, made in the first year of queen Anne, expected more, from any authority, than, when although the proceedings upon it more imme- the unfitness of a measure is discovered, to make diately respected the council. By this act, no it void? When, upon the united representations office, civil or military, shall be void, by the death and complaints of the American colonies, any acts of the king, but shall continue six months, unless have appeared to parliament to be unsalutary, suspended, or made void, by the next successor. have there not been repeated instances of the By force of this act, governor Dudley continued repeal of such acts? We cannot expect these in

principles, they shall appear to you to have been delusive and erroneous, as I think they must, or, if you shall only be in doubt of them, you certainly will not draw that conclusion, which otherwise you might do, and which I am glad you have hitherto avoided; especially when you consider the obvious and inevitable distress and misery of independence upon our mother country, if such independence could be allowed or maintained, and the probability of much greater distress, which we are not able to foresee.

stances should be carried so far as to be equivalent | ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE to a disavowal, or relinquishment of the right itself SPEECH OF THE GOVERNOR, OF FEBRUARY SIXTEENTH. Why, then, shall we fear for ourselves, and our March 2, 1773. posterity, greater rigor of government for seventy years to come, than what we and our predecessors have felt, in the seventy years past.

May it please your excellency,

In your speech, at the opening of the present session, your excellency expressed your displeasure at some late proceedings of the town of Boston, and other principal towns in the province. And, in another speech to both houses, we have your repeated exceptions at the same proceedings, as being "unwarrantable," and of a dangerous nature

You must give me leave, gentlemen, in a few words, to vindicate myself from a charge, in one part of your answer, of having, by my speech, reduced you to the unhappy alternative of appear. ing, by your silence, to acquiesce in my sentiments, and tendency; "against which, you thought youror of freely discussing this point of the supremacy self bound to call upon us to join with you in of parliament. I saw, as I have before observed, bearing a proper testimony." This house have not the capital town of the province, without being discovered any principles advanced by the town reduced to such an alternative, voluntarily, not of Boston, that are unwarrantable by the constituonly discussing but determining this point, and tion; nor does it appear to us, that they have inviting every other town and district in the pro-invited every other town and district in the province to do the like. I saw that many of the prin- vince to adopt their principles." We are fully cipal towns had followed the example, and that convinced, that it is our duty to bear our testimony there was imminent danger of a compliance in against "innovations, of a dangerous nature and most, if not all the rest, in order to avoid being tendency;" but it is clearly our opinion, that it is distinguished. Was not I reduced to the alterna- the indisputable right of all, or any of his majesty's tive of rendering myself justly obnoxious to the subjects, in this province, regularly and orderly to displeasure of my sovereign, by acquiescing in such meet together, to state the grievances they labor irregularities, or of calling upon you to join with under; and to propose, and unite in such constitume in suppressing them? Might Inot rather have tional measures, as they shall judge necessary or expected from you an expression of your concern, proper, to obtain redress. This right has been that any persons should project and prosecute a frequently exercised by his majesty's subjects plan of measures, which would lay me under the within the realm; and we do not recollect an necessity of bringing this point before you? It instance, since the happy revolution, when the two was so far from being my inclination, that nothing houses of parliament have been called upon to disshort of a sense of my duty to the king, and the countenance, or bear their testimony against it, in obligations I am under to consult your true interest, a speech from the throne. could have compelled me to it.

Gentlemen of the council, and

Your excellency is pleased to take notice of some things which we "allege," in our answer to your first speech; and the observation you make, we must confess, is as natural and undeniably true, as any one that could have been made; that, "if our foundation shall fail us in every part of it, the fabric we have raised upon it must certainly fall,"

Gentlemen of the house of representatives, We all profess to be the loyal and dutiful sub jects of the king of Great Britain. His majesty considers the British empire as one entire dominion, subject to one supreme legislative power; a due submission to which, is essential to the mainten. You think this foundation will fail us; but we ance of the rights, liberties and privileges of the wish your excellency had condescended to a conseveral parts of this dominion. We have abundant sideration of what we have "adduced in support evidence of his majesty's tender and impartial of our principles." We might then, perhaps, have regard to the rights of his subjects; and I am had some things offered for our conviction, more authorised to say, that "his majesty will most than bare affirmations; which, we must beg to be graciously approve of every constitutional measure excused if we say, are far from being sufficient, that may contribute to the peace, the happiness, though they came with your excellency's authority, and prosperity of his colony of Massachusetts-Bay, for which, however, we have a due regard. and which may have the effect to shew to the world, that he has no wish beyond that of reigning in the hearts and affections of his people."

T. HUTCHINSON.

Your excellency says that, "as English subjects, and agreeable to the doctrine of the feudal tenure, all our lands are held mediately, or immediately,