exercise of sovereignly, against, or without the consent of the People, is injustice, usurpation, and tyranny.
It is a maxim, that in every Government there must exist, somewhere, a supreme, sovereign, absolute, and uncontrollable power; but this power resides always in the body of the people, and it never was, nor can be delegated to one man, or a few; the great Creator having never given to men a right to vest others with authority over them, unlimited either in duration or degree.
When Kings, Ministers, Governours or Legislators, therefore, instead of exercising the powers intrusted with them, according to the principles, forms, and proportions stated by the Constitution, and established by the original compact, prostitute those powers to the purposes of oppression; to subvert, instead of supporting a free Constitution; to destroy, instead of preserving the lives, liberties, and properties of the people, they are no longer to be deemed Magistrates vested with a sacred character, but become publick enemies, and ought to be resisted.
The Administration of Great Britain, despising equally the justice, humanity, and magnanimity of their ancestors, and the rights, liberties, and courage of Americans, have, for a course of years, laboured to establish a sovereignty in America, not founded in the consent of the people, but in the mere will of persons a thousand leagues from us, whom we know not, and have endeavoured to establish this sovereignty over us, against our consent, in all cases whatsoever.
The Colonies, during this period, have recurred to every peaceable resource in a free Constitution, by Petitions and Remonstrances, to obtain justice; which has been not only denied to them, but they have been treated with unexampled indignity and contempt; and at length, open war of the most atrocious, cruel, and sanguinary kind has been commenced against them. To this, an open, manly, and successful resistance has hitherto been made. Thirteen Colonies are now firmly united in the conduct of this most just and necessary war, under the wise councils of their Congress.
It is the will of Providence, for wise, righteous, and gracious ends, that this Colony should have been singled out by the enemies of America, as the first object both of their envy and their revenge; and after having been made the subject of several merciless and vindictive statutes, one of which was intended to subvert our Constitution by Charter, is made the seat of war.
No effectual resistance to the system of tyranny prepared for us could be made, without either instant recourse to arms, or a temporary suspension of the ordinary powers of Government and tribunals of justice: to the last of which evils, in hopes of a speedy reconciliation with Great Britain, upon equitable terms, the Congress advised us to submit; and mankind has seen a phenomenon, without example in the political world, a large and populous Colony subsisting in great decency and order, for more than a year, under such suspension of Government.
But as our enemies have proceeded to such barbarous extremities, commencing hostilities upon the good people of this Colony, and with unprecedented malice exerting their power to spread the calamities of fire, sword, and famine through the land, and no reasonable prospect remains of a speedy reconciliation with Great-Britain, the Congress have resolved, "that no obedience being due to the Act of Parliament for altering the Charter of the Colony of Massachusetts-Bay, nor to a Governour or Lieutenant-Governour, who will not observe the directions of, but endeavour to subvert that Charier; the Governour and Lieutenant-Governour of that Colony are to be considered as absent, and their offices vacant; and as there is no Council there, and inconveniences arising from the supension of the powers of Government, are intolerable especially at a time when General Gage hath actually levied war, and is carrying on hostilities against his Majesty's peaceable and loyal subjects of that Colony; that, in order to conform as near as may be to the spirit and substance of the Charter, it be recommended to the Provincial Convention to write letters to the inhabitants of the several places which are entitled to representation in Assembly, requesting them to choose such Representatives; and that the Assembly when chosen, do elect Counsellors; and that such Assembly and Council exercise the powers of Government until a Governour of His Majesty's appointment will consent to govern the Colony according to its Charter."
In pursuance of which advice the good people of this Colony have chosen a full and free representation of themselves, who, being convened in Assembly, have elected a Council, who, as the Executive branch of Government, have constituted necessary officers through the Colony. The present generation, therefore, may be congratulated on the acquisition of a form of Government more immediately, in all its branches, under the influence and control of the people; and, therefore, more free and happy than was enjoyed by their ancestors. But as a Government so popular can be supported only by universal knowledge and virtue in the body of the people, it is the duty of all ranks; to promote the means of education for the rising generation, as well as true religion, purity of manners, and integrity of life, among all orders and degrees.
As an Army has become necessary for our defence, and in all free states the civil must provide for and control the military power, the major part of the Council have appointed Magistrates and Courts of Justice in every County, whose happiness is so connected with that of the people, that it is difficult to suppose they can abuse their trust. The business of it is to see those laws enforced which are necessary for the preservation of peace, virtue, and good order. And the Great and General Court expects and requires, that all necessary support and assistance be given, and all proper obedience yielded to them; and will deem every person who shall fail of his duty in this respect towards them, a disturber of the peace of this Colony, and deserving of examplary punishment.
That piety and virtue, which alone can secure the freedom of any people, may be encouraged, and vice and immorality suppressed, the Great and General Court have thought fit to issue this Proclamation, commanding and enjoining it upon the good people of this Colony, that they lead sober, religious, and peaceable lives; avoiding all blasphemies, contempt of the Holy Scriptures, and of the Lord's Day, and all other crimes and misdemeanors; all debauchery, profaneness, corruption, venality, all riotous and tumultuous proceedings, and all immoralities whatsoever; and that they decently and reverently attend the publick worship of God, at all times acknowledging with gratitude His merciful interposition in their behalf, devoutly confiding in Him as the God of Armies, by whose favour and protection alone they may hope for success, in their present conflict.
And all Judges, Justices, Sheriffs, Grand Jurors, Tythingmen, and all other civil officers within this Colony, are hereby strictly enjoined and commanded that they contribute all in their power, by their advice, exertions, and examples, towards a general reformation of manners; and that they bring to condign punishment every person who shall commit any of the crimes or misdemeanors aforesaid, or that shall be guilty of any immoralities whatever; and that they use their utmost endeavours to have the Resolves of the Congress, and the good and wholesome laws of this Colony duly carried into execution.
And as the Ministers of the Gospel within this Colony have, during the late relaxation of the powers of civil Government, exerted themselves for our safety, it is hereby recommended to them, still to continue their virtuous labours for the good of the people, inculcating by their publick ministry and private example, the necessity of religion, morality, and good order.
In Council, January 19, 1776: Ordered, That the foregoing Proclamation be read at the opening of every Superior Court of Judicature, &c., and Inferior Court of Common Pleas, and Court of General Session for the Peace, within this Colony, by their respective Clerks and at the Annual Town-Meetings in March, in each Town.
And it is hereby recommended to the several Ministers of the Gospel throughout this Colony, to read the same in their respective Assemblies on the Lord's Day next after their receiving it, immediately after Divine service.
Read, and concurred.
Charles Chauncy, Esquire, brought down the following Papers, viz:
A Report of the Committee of both Houses on the Petition of Thomas Russell.-
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