imperium in imperio*, leading directly to the worst anarchy and confufion, civil difcord, war, and bloodshed.

The natural liberty of man, by entering into fociety, is abridged or reftrained fo far only as is neceffary for the great end of fociety, the best good of the whole.

In the fate of nature, every man is, under God, judge, and fole judge, of his own rights, and of the injuries done him: by entering into fociety, he agrees to an arbiter, or indifferent judge, between him and his neighbours; but he no more renounces his original right, than by taking a caufe out of the ordinary course of law, and leaving the decifion to referees, or indifferent arbitrators. In the last cafe he muft pay the referees for time and trouble; he fhould alfo be willing to pay his juft quota for the fupport of government, the law, and the conftitution; the end of which is to furnish indifferent and impartial judges in all cafes which may happen, whether civil, ecclefiaftical, marine, or military.

"The natural liberty of man is to be free from any fuperiour power on earth, and not to be under the will, or legiflative authority, of man; but only to have the law of nature for his rule."

In the state of nature, men may, as the Patriarchs did, employ hired fervants for the defence of their lives, liberties, and property; and they should pay them reasonable wages. Government was inftituted for the purposes of common defence; and thofe who hold the reins of government have an equitable natural right to an honourable support from the fame principle" that the labourer is worthy of his hire:" but then the fame community which they serve, ought to be the affeffors of their pay: governours have no

* A government within a government.

† Locke on Government.

right to seek and take what they pleafe; by this, instead of being content with the station affigned them, that of honoura❤ ble fervants of the fociety, they would foon become abfolute mafters, defpots, and tyrants. Hence as a private man has a right to fay, what wages he will give in his private affairs, fo has a community to determine what they will give and grant of their fubftance, for the administration of publick affairs. And in both cafes, more are ready generally to offer their service at the proposed and stipulated price, than are able and willing to perform their duty.

In fhort, it is the greatest absurdity to suppose it in the power of one, or any number of men, at the entering into fociety, to renounce their effential natural rights, or the means of preserving those rights; when the grand end of civil government, from the very nature of its inftitution, is for the fupport, protection, and defence of those very rights, the principal of which, as is before obferved, are life, liberty, and property. If men, through fear, fraud, or mistake, fhould in terms renounce, or give-up, any effential natural right, the eternal law of reafon and the grand end of fociety, would abfolutely vacate fuch renunciation; the right to freedom being the gift of God Almighty, it is not in the power of man to alienate this gift, and voluntarily become a flave.

II. The Rights of the Colonifts as Chriftians.

Thefe may be beft understood by reading and carefully studying the institutes of the great lawgiver and head of the Christian Church, which are to be found clearly written and promulgated in the New-Teftament.

By the act of the British Parliament commonly called The toleration-act, every subject in England, except Papists, &c. was restored to, and re-established in, his natural right

to

to worship GoD according to the dictates of his own confcience. And by the charter of this province, it is granted, ordained and established (that is, declared as an original right) that there fhall be liberty of confcience allowed in the worfhip of GoD, to all Chriftians except Papifts, inhabiting, or which fhall inhabit or be refident within the faid province or territory*. Magna Charta itself is in substance but a conftrained declaration, or proclamation and promulgation, in the name of King, Lords and Commons, of the fense the latter had, of their original, inherent, indefeasible natural rights; as alfo thofe of free citizens, equally perdurable with the other. That great author, that great jurift, and even that court writer, Mr. Juftice Blackstone, holds, that this recognition was juftly obtained of King John fword-inhand and peradventure it must be one day sword-inhand again rescued and preserved from total destruction and oblivion.

III. The Rights of the Colonists as Subjects.

A Commonwealth, or State, is a body politick, or civil society of men, united together to promote their mutual fafety and profperity, by means of their Union.

The abfolute rights of Englishmen, and all freemen in, or out of, civil society, are principally, personal fecurity, personal liberty and private property.

All perfons born in the British American colonies, are, by the laws of God and nature, and by the common law of England, exclusive of all charters from the Crown, well entitled, and by acts of the British Parliament are declared to

See 1 Wm. and Mary, St. 2. C. 18. and Massachusetts Charter, in the third year of William and Mary. See above, page 115. + Lord Coke's Inst. Blackstone's Commentaries, V. 1. pa. 122. the Bill of Rights and the Act of Settlement.

See Locke and Vattel.

be entitled, to all the natural, effential, inherent and infeparable rights, liberties and privileges of fubjects born in Grea Britain, or within the realm. Among those rights are the following; which no man, or body of men, confiftentJy with their own rights as men and citizens, or members of fociety, can for themselves give-up, or take-away from others.

First, "The firft fundamental pofitive law of all Commonwealths or States, is the establishing the legislative power: As the first fundamental natural law alfo, which is to govern even the legislative power itself, is the prefervation of the society."*

Secondly, The legislative has no right to absolute, arbitrary, power over the lives and fortunes of the people: Nor can mortals affume a prerogative, not only too high for men, but for angels; and therefore referved for the exercife of the Deity alone.

"The legislative cannot juftly affume to itself a power to rule by extempore, arbitrary, decrees; but it is bound to fee that justice is difpensed, and that the rights of the subjects be decided, by promulgated, standing, and known, laws, and authorized independent Judges;" that is, independent, as far as poffible, of prince and people. "There should be one rule of Justice for rich and poor; for the favourite at court, and the countryman at the plough."+

Thirdly, The fupreme power cannot juftly take from any man, any part of his property without his confent, in perfon or by his representative.

Thefe are fome of the first principles of natural law and juftice, and the great barriers of all free ftates, and of the British constitution in particular. It is utterly irreconcileable

*Locke on Government Salus Populi suprema Lex esto.

* Locke.

to

to these principles, and to many other fundamental maxims of the common law, common fenfe, and reason, that a Britifh House of Commons fhould have a right, at pleasure, to give and grant the property of the colonifts. That these colonists are well entitled to all the effential rights, liberties, and privileges of men and freemen, born in Britain, is manifeft, not only from the colony-charters in general, but from acts of the British parliament. The ftatute of the 13th of Geo. II. d. 7, naturalizes even foreigners after feven years refidence. The words of the Maffachufctts-Charter are thefe ; "And further our will and pleasure is, and we do hereby for us, our heirs, and fucceffors, grant, establish, and ordain, that all and every of the subjects of us, our heirs, and fucceffors, which fhall go to, and inhabit within, our faid province or territory, and every of their children which shall happen to be born there, or on the feas in going thither, or returning from thence, shall have and enjoy all liberties and immunities of free and natural subjects within any of the dominions of us, our heirs, and fucceffors, to all intents, constructions, and purposes whatsoever, as if they, and every of them, were born within this our realm of England." Now what liberty can there be, where property is taken-away without confent? Can it be faid with any colour of truth and juftice, that this continent of three thousand miles in length, and of a breadth as yet unexplored, in which however, it is fuppofed, there are five mil lions of people, has the leaft voice, vote, or influence in the decifions of the British parliament? Have they, all toge ther, any more right or power to return a fingle member to that Houfe of Commons, who have (not inadvertently, but deliberately) affumed a power to difpofe of their lives*, Jiberties and properties, than to choose an Emperor of China?

See the Act of the last Session relating to the King's dock-yards.

Had