Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1774-11-14 00:00:00, page 2

4©pen court, before as many of tie people as choo'fe
%o attend, shall pass their Sentence upon oath
against him ; a sentence that cannot injure him,
without injuring their own reputation, and pro
bably their interest also; as the question may turn
on points that, in some degree, concern the ge
neral welfare ; and if it does not, their verdict
may form a precedent, that, on a similar trial of
their own) may militate against them.
Another right relates merely to the liberty of
the perlon. If a Subject is seized and imprisoned,
though by order of government, he may, by vir
tue of this right, immediately obtain a writ, term
ed a Habeas Corpus, from a Judge, whose sworn
duty it .s to grant it, and thereupon procure any
illegal restraint to be quickly enquired into and
redressed.•
A fourth right is, that of holding lands by the
tenure of ealy rents, and not by rigorous and op
pressive services, frequently forcing the possessors
from their families and their business, to perform
what oughtto be done, in all well regulated states,
by men hired for the purpose.
The lafrright we fhail mention, regards the
freedom of the press. The importance of this
confifis, besides the advancement of truth, Science
and morality, and arts in general, in its diffidion
of liberal sentiments on the administration of go
vernment, its ready communication of thoughts
Between subjects, and its consequential promotion
of union among them, whereby oppressive officers
are Shamed or intimidated into more honourable
and just modes of conducing affairs.
These are the invaluable rights that form a
considerable part of our mild system of government,
that, fending its equitable energy through all
ranks and classes of men, defends the poor from
the rich, the weak from the powerful, the indu
strious from the rapacious, the peaceable from the
vi lent, the tenants from the Lords, and all from
their luperiors.
These are the rights, without which a people
cannot be free and happy, and under the proted
ing and encouraging influence of which, these co
-1 niv^ have hitherto so amazingly flourished amd
encreafed. These are the rights a profligate mi
nihry are now Striving, by force of arms, to ra
,i;h from us, and which we are, with one mind,
resolved never to reSign but with our lives.
These are the rights you arc entitled to, and
ought at this moment in perfection to exercise.
And what is offered to you by the late a& of Par
liament in their place? Liberty of conscience in
your religion ? No. God gave it to you ; and the
temporal powers with which you have been and
a e connected, firmly stipulated for your enjoy
ment of it. If laws divine and human, could se
cure it against the despotic caprices of wicked men,
it was secured before. Are the French laws in
civil cases restored? It seems so. But observe
the cautious kindness of the Ministers who pretend
to be your benefactors. The words of the sta
tute are, that those “ laws shall be the rule, un
til they fliall be varied or altered by any ordinan
ces of the Governor and Council." Is the “ cer
tainty and lenity of the criminal law of England,
and its benefits and advantages," commended in
the said statute, and said to “ have been sensibly
felt by you," Secured to you and your defeendants ?
No. They too are fubjeCt to arbitrary “ altera
tions" by the Governor and Council ; and a pow
er isexprefly referred of appointing “ such courts
of criminal, civil and ecclehaftical jurifdidion, as
shall be thought proper." Such is the precarious
tenure of mere will, by which you hold your lives
and religion.
The Crown and its Ministers are impowered,
as far as they could be by Parliament, to eftaWifli
even the inquiftion itfelf among you. Have you
an Aflembly composed of worthy men, elected by
yourselves, and in whom you can confide, to make
I,ws for you, to watch over your welfare, and to
direct in what quantity, and in what manner, your
money shall be taken from you ? No. The power
of making law* for you is lodged in the Governor
and Council, all of them dependent upon, and re
movable at the pleasure of a minister.—Besides,
another late statute, made without your consent,
has fubjeCted you to the impositions of Excise, the
horror of all free states ; they wresting your pro
perty from you by the most odious of taxes, and
laying open to insolent tax-gatherers, houses the
Scenes of domestic peace and comfort, and called
he castles of English fubjeCts in the books oftheir
laws. And in the very aft for altering your go
vernment, and intended to flatter you, you are not
authorized to “ assess, levy or apply any rates and
taxes but for the inferior purposes of making roads,
and ereCting and repairing public buildings, or for
other local conveniencies, within your refpe&ive
towns and diftciCts." Why this degrading distinc
tion? Ought not the property honestly acquired
by Canadians to be held as sacred as that of Eng
lishmen? Have not Canadians sense enough to at
tend to any other public affairs, than gathering
stones from one place and piling them up in ano
ther? Unhappy people! who are not only injured,
but insulted. Nay more ! —With such a Superla
tive contempt of your underfunding and Spirit has
an insolent Ministry presumed to think of you,
our refpeftable fellow-fubjeds, according to the
information we have received, as firmly to per
suade themselves that your gratitude for the inju
ries and insults they have recently offered to sou,
will engage you to take up arms, and render your
selves toe ridicule and detestation of the world,
by becoming tools in their handsfiq assist them in'
taking that freedom from us, which they have
treacherously denied t 0,% the unavoidable con
sequence of which attempt, if fufafsful, would
be the extinction of all hopes of you or your pos
terity being eyer restored to freedom: For idiotcy
itfJfcannot believe, that, when+their drudgery is
performed, they will treat you with less cruelty
than they have us, who are of the fame blood
with themselves.
What would your countryman, the immortal
Montefauieu, have said to such a plan of domina
tion, as has been framed for yon? Hear his words
with an intenseness thought Suited to the import
ance of the Subject—" In a free.ftate, every man,
whois supposed a free agent, ought to be concerned
in bis oven government : Therefore the legislative
Ihould reside in the whole body of a people, or
their representatives.'' —The political liberty of the
Subject is a tranquility of mind, arising from the
opinion each perlon has of his jafety. In order
to have this liberty, it is requisite the government
be so constituted, as that one man need not be
afraid of another. When the power of making
laws, and the power of executing them, are united
in the fame person, or in the fame body of Ma
gistrates, there can be no liberty; because appre
hensions may arise, left the fame Monarch or Se
nate Should enact tyrannical laws, to execute them
in a tyrannical manner.
The power of judging Should be exercised by
persons taken from the body of the people, at certain
times of the year, and pursuant to a form and
manner prescribed by law. There is no liberty, if
the power of judging be not separated from the
legislative and executive powers."
" Military men belong to a profeffion, which
may be ufeful, but is often dangerous."---The en
joyment of liberty, and even its Support and pre
servation, consists in every man's being allowed
to Speak his thoughts, and lay open his Senti
ments.
Would not this be the purport of his address ?
“ Seize the opportunity presented, to you by Pro
vidence itfelf. You have been conquered into li
berty if you aft as you ought. This work is not
of man. You are a Small people, compared to those
who with open arms invite you into a fellowship.
A moment's reflection Ihould convince you which
will be most for your interest and happiness, to bare
all the red of North America your unalterable
friends, or your inveterate enemies. The injuries
of Boston have rouzed and alfociated every colony
from Nova-Scoria to Georgia. Your province is
the only link wanting to compleat the bright,and
strong chain of union. Nature has joined your
country to theirs. Do you join your political in
terests. For their own fakes they never will de
sert or betray you. Be assured that the happiness
of a people inevitably depends on their liberty, and
their spirit to assert it. The value and extent of
the advantages tendered to you are immense. Hea
ven giant you may not difeover them to be blef
fimgs after they have bid you an eternal adieu."
We arc too well acquainted with the liberality
offentiment distinguishing your nation, to imagine
that difference of religion will prejudice you
against a hearty amity with us. You know, that
the tranfeendent nature of freedom elevates those
who unite in her cause, above all such low niind-,
ed infirmities. The Swiss Cantons furnilh a me
morable proof of this truth. Their union is com
posed of Catholic and Protestant states, living in
the utmost concord and peace with one another,
and thereby enabled, ever Since they bravely vin
dicated their freedom, to defy and defeat every
tyrant that has invaded them.
What advice would the truly great man before
mentioned, that advocate of freedom and humani
ty, give you, was he now living, and knew that
we, your numerous and powerful neighbours, ani
mated by a just love of our invaded rights, and
united by the indissoluble bands of affection and
interest, called upon you, by every obligation of re
gard for yourlelves and your children, as we now
do, to join us in our righteous contest, to make
common cause with us therein, and take a noble
chance for emerging from a humiliating fubjeCticn
under Governors, Intendants, and military tyrants,
into the firm rank and condition of English free
men, whose custom it is, derived from their an
cestors, to make those tremble, who dare .to think
of making them miserable ?"
Apply these decisive maxims, fandified by the
authority of a name which all Europe reveres, to
your own state. You have a Governor, it may be
urged, veiled with the executive powers, or the
powers of administration. In him, and in your
Council is lodged the power of making /aivj. You
have Judges, who are to decide every cause affect
ing your lives, liberty, or property. Here is, in
deed, an appearance of the Several powers being/e
---parated and distributed into different hands, for
checks one upon another, the only effectual mode
ever-invented by the wit of men, to promote their
freedom and prosperity. But Scorning to be illud
ed by a tinfel'd outside, and exerting the natural
sagacity of Frenchmen, examine the Specious device,
and you will find it, to use an expreffiou of holy
writ, “ a painted Sepulchre," for burying your
lives, liberty and property.
Your Judges, and your Legfative Council, as it
is called, are dependant on your Governor, and he
is dependant on the Servant of the Crown in Great-
Britain. Ihe legislative, executive and judging
powers are all moved by the nods of a Minister.
Privileges and Immunities last no longer than his
Smiles. When he frowns their feeble forms dis
solve. Such a treacherous ingenuity has been ex
erted in drawing up the code lately offered vou,
that every sentence, beginning with a benevolent
pretention, concludes with a destructive power;
and the substance of the whole, divested of its
Smooth words, is—-That the Crown and its Mi
nister shall be as absolute throughout your extend
ed province, as the despots of Asia or Africa.
What can protect your property from taxing edicts
and the rapacity of neceflitous and cruel masters ?
your persons from Letters de Cachet, goals, dun
geons and oppressive services? your lives and ge
neral liberty from arbitrary and unfeeling rulers?
We defy you, calling your view upon every fide,
to difeover a tingle circumstance, promising from
any quarter the fainteft hope of liberty to you or
your posterity, but from an entire adoption into
the union of these colonies.
Should there be any among you, as there gene
rally are in all societies, who prefer the favours of
ministers, and their cwn interests, to the welfare of
their country, the temper of such felfifh persons
will render them incredibly a^ive in opposing all
public-spirited measures, from an expectation of
being well rewarded for their sordid industry, by
their superiors: but we doubt not you will be upon
your guard against such men, and not Sacrifice the
liberty and happiness ofthe whole Canadian peo
ple and their posterity, to gratify the avarice and
ambition of individuals.
That Almighty God may incline your minds
to approve our equitable and necessary measures,
to add yourselves to us, to put your fate, whene
ver you Suffer injuries which you are determined to
oppose, not on the Small influence of your Single
province, but on the consolidated powers ofNorth
America, and may grant to our joint exertions an
event as happy as our cause is just, is the fervent
prayer of us, your sincere and affectionate friends
and fellow-fubje&s. By order of the Congress,
Henry Middleton, PreJident.
OCober 26th, 1774.
#^c^^cfcofccfofofcefc^efcofoofc^
May it please your Excellency,
TH E province having been repeatedly alarm
ed at your Excellency's unusual and warlike
preparations Since your arrival into it, and having
by this Congress expressed a reasonable expecta
tion, that you would desist from, and demolish your
fortifications on Boston Neel/: ; it must afford mat
ter of aftoniShment, not only to the province, but
the whole continent, that you Should treat our im
portunate applications with insensibility and disre
gard. The Congress are poflefled of a writing
with your Signature, which purports itfelf to be a
message to this body, although addressed to sundry
gentlemen by name, who officiating as our Com
mittee, presented an address to your Excellency.
We are Surprized at your faying that “ what we
call a fortrefs, unless annoyed, will annoy nobody,"
when from your acquaintance with the constitu
tion of Britain, and of the Province, over which
you have been by his Majesty commissioned to pre
side, you must know that barely keeping a Standing
army in the province, in time of peace, without
consent of the representatives, is against law, and
must be considered as a great grievance to the fub
je&s; a grievance which this people could not
with due regard to their freedom endure, was there
not reason to hope that his Majesty, upon being
undeceived, would order redress! Is it not asto
nishing then, Sir, that you Should have ventured
to assert, that a fortrefs, by whatever name your
Excellency is pleased to call it, which put it in the
power of the Standing army, which you command,
to cut off communication between the country and
the capital of this province, to imprison the many
thousand inhabitants of the town of Boston, to in
sult and dettroy them upon the least, or even with
out any provocation, and which is evidently a conti
nual annoyance to that oppressed community, “ un
less annoyed will annoy nobody?"
A retrofped of your Excellency's conduct Since
your late residence in this province, we conclude
will convince you of that truth, the meer hinting
of which you tell us is highly exasperating as well
as ungenerous. We presume your Excellency
will not deny, that you have exerted yourfelf to
execute the ads, made to subvert the constitution
ofthe province. Although your Excellency's con
nexions with a Ministry inimical to the province,
and your being Surrounded with men of the worst
political principles, preclude a prolped of your fully
exercising towards this province, your wonted be
nevolence and humanity, yet, Sir, we pray you
to indulge your social virtues so far as to confider
the necessary feelings of this people under the hand
of oppression. Have not invasions of private pro
perty by your Excellency been repeated^ made at
Boston? Have not the inhabitants of Salem, whilst
peaceably assembled, for coneerting measures to
preserve their freedom, and unprepared to defend
themselves, been in imminent danger from your
troops ? Have you not by removing the ammunition
of the province, and by all other means in your
power endeavoured to put it in a date utterly de
fencelefs? Have you not expressly declared, that
resentment might be juflly expelled “ from your
troops" merely in conlequence of a refufal of Some
inhabitants of the province to supply them with
property undeniably their own? Surely these are
questions founded on inconteftible facts, which we
think must prove that whik the avowed enemies of
We do net aft you, by this address, to com
mence ads of hostility against the government of
our common Sovereign. We only invite you to
consult your own glory and welfare, and not to
fatter yourselves to be inveigled or intimidated by
infamous ministers lo far, as to become the inltru
ments of their cruelty and despotism, but to unite
with us in one Social compact, formed on the ge
nerous principles of equal liberty, and cemented
by such an exchange of beneficial and endearing
offices as to render it perpetual. In order to com
plete this highly deferable union, we Submit it to
your consideration, whether it may not be expe
dient for you to meet together in your several
towns and diftri&s, and eleft deputies, who after
wards meeting in a provincial congress, may chufe
delegates, to reprelent your province in the conti
nental Congress to be held at Philadelphia, on the
loth day of May, 1775.
In this present Congress, beginning on the sth
of the last month, and continued to this day, it has
been, with universal plealure, and an unanimous
vote, resolved, That we Ihould coniider the vio
lation of your rights, by the aft for altering the go
vernment of your province, as a violation of our
own, and that you ihould be invited to ac
cede to our confederation, which has no other
objedsthan the perfect security of the natural and
civil rights of all the constituent members, accord
ing to their refpe&ive circumstances, and the pre
servation of a happy and lifting connexion with
Great-Britain, on me lalutary and constitutional
principles herein before mentioned. For effecting
these purposes, we have addressed an humble and
loyal petition to his Majesty, praying relief of our
grievances; and have alfociated to stop all impor
tations from Great-Britdin and Ireland, after the
firftdiy of December, and all exportations to thole
kingdoms and the Weft-Indies, after the tenth
day of next September, unlefe the laid grievances
are redressed.
In Provincial Congress, October 29, 1774.
Ordered; That Captain Heath, Captain White,
Captain Gardner, Mr. Cheever, and Mr. De
vens, be a Committee to wait upon his Excellen
cy with the following Message.
John Hancock, President.
B O S T O N, November 3.
" I must beg leave to trouble you to get the
inclofed printed in Mr. Holt's paper, as focn as
possible, and fend me an account of the charge,
which (hall be paid (together with the postage of
this letter) —The paper contains the resolves of all
the English inhabitants of Montreal, at a full
meeting, where they shewed their abhorrence of
the Quebec ad, which establishes the French laws
in this province, and puts the lives and properties
of every person in it, in the power of the Gover
nor ; who, when the aiff takes place, will have a
much greater power than a Spanish Viceroy.
The Canadians in general are greatly alarmed at
being put under their former laws, of which they
had long severely felt the bad effects —tho' the
French Noblesse and Gentry, indeed, are very
well pleased with the new ad, which restores the
old, as they exped to lard it over the indudriwus
farmer and trader, and live upon their IpoJs, as
N E W-Y O R K, Nov. 10.
On Monday last a discovery being made, that 1%
Sheep were in a Sloop in the harbour, bound for the
Weft-Indies, a number of citizens waited on the
Captain, and informed him that the exportation of
Sheep was contrary to a resolution ofthe continen
tal Congress, and thereupon obtained his promise
that they Should be re-landed, and not carried out
of the harbour. The people were fatisfied and pa
tiently waited till evening, when a report prevail
ing that the veflel was to fail that night ; about
two hundred inhabitants assembled on the wharf,
appointed and sent four persons to wait on the
Committee of Correspondence, and request their
advice concerning the measures proper to be taken.
By their advice the merchant to whom the vessel
came consigned, was sent for, and desired to cause
the Sheep to be landed and delivered to one of the
Committee, appointed on this occasion, by the
people, which person gave his promise to return
the Sheep as soon as the veflel had failed. Accord
ingly the Sheep were landed, delivered, and soon
after the veflel was failed, returned to the proprie,
tor; on which the people being well Satisfied,
peaceably dispersed.
Accounts from many different quarters, assure
us that the Spaniards have sent a large fleet of
capital Ships, frigates, &c. with 12000 land forces,
which are to rendezvous at the Havanna, before
they open their commiflion—The most probable
conjecture is, that they are intended against force
of the British dominions in America; and that it
is expelled France will either join them, or make
a diversion in some other part.
Extras of a letter dated the ytb of Oflober, 1774,
from a Gentleman in Montreal, to bis Jriend in
Nero-York.
Great-Britdin and the Colonies are protested by
your Excellency, the lives, liberties and proper
ties of the inhabitants of the province, who are
real Tiiends to the British constitution, are greatly
endangered, whilst under the controul of vour
Landing army.
HARTFOR D, Om. 7.
The General Assembly of this colony, in their
last sessions, in New-Haven, appointed the Hon.
Eliphalet Dyer, Hon. Roger Sherman, and Silas
Deane, 1 itus Holmer, and Jonathan Sturgis,
Efquiies, members of the General Congress to be
held at Philadelphia, on the foth of May next,
agreeable to the recommendation and resolve of
the late General Congress, any three of whom t@
attend.
It must be matter of grief to every true Briton
that the honor of British troops is sullied by the
infamous errand on which they are sent to Ame
rica; and whilst in the unjust cause in which you
are engaged, menaces will never produce submis
sion from the people of this province. Your Ex
cellency, as well as the army, can only preserve
your honor by refuting to Submit to the most dif
graceful prostitution oflubferving plans so injurious
to this people, so notoriously iniquitous and cruel.
Your Excellency profeffes to be Solicitous for pre
ferring union and harmony between Great-Britaia
and the Colonies, and we Sincerely hope that you
will distinguish yourfelf by exertions for this pur
pose; for Should you be an instrument ofinvolving
in a civil war this oppressed and injured land, it
must forever deprive you of that tranquility, which
finally bids adieu to those, whose hands have been
polluted with innocent blood.—Your Excellency
reminds us of the spirit of the British nation; we
partake, we rejoice in her honors, and especially
revere henfor her great national virtues: We hope
She will never veil her glory, or hazard success by
exerting that spirit in Support of tyranny.
Your Excellency's firange misconception of
fads, is not less con fpicuous in the close of your
message, than in many other pars of it. You have
suggested that the conduct of the province for
supporting the conffitution, is an instance of its
violation—to declare the truth relative to this mat
ter, must be a full vindication of our conduct
therein. The powers placed in your Excellency
for the good ofthe province to convene, adjourn,
prorogue and dissolve the General Court have been
perverted to ruin and enslave the province,—while'
our conftitaents, the loyal fubje&s of his Majesty
have been compelled for the laudable purposes of
preserving the constitution, and therein their free
dom, to obtain the wisdom of the province, in a
way which is not only justifiable by reason, but un
der the present exigencies ofthe state, directed by
the principles of the constitution itfelf; warranted
by the most approved precedent and example, and
fan&ified by the British nation at the revolution,
upon the Strength and validity of which precedent,
the whole BritiSh constitution now Stands; his
present Majesty wears his crown, and all Subordi
nate officers hold their places; and although we
are willing to put the most favourable construction
on the warning you have been pleased to give us of
the “ rock on which we are," we beg leave to
inform you, that our constituents do not expert
that in theexecution of that important trust, which
they have reposed in us, we Should be wholly
guided by your advice, and we trust, Sir, that
we Shall not fail in our duty to our country, and
loyalty to our King, or in a proper refped to your
Excellency.