American Political Writing During the Founding Era: 1760–1805. Группа авторов
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These hopes were confirmed by the King’s proclamation, issued in the year 1763, plighting the public faith for your full enjoyment of those advantages.
Little did we imagine that any succeeding Ministers would so audaciously and cruelly abuse the royal authority, as to with-hold from you the fruition of the irrevocable rights to which you were thus justly entitled.
But since we have lived to see the unexpected time when Ministers of this flagitious temper have dared to violate the most sacred compacts and obligations, and as you, educated under another form of government, have artfully been kept from discovering the unspeakable worth of that form you are now undoubtedly entitled to, we esteem it our duty, for the weighty reasons herein after mentioned, to explain to you some of its most important branches.
“In every human society,” says the celebrated Marquis Beccaria, “there is an effort, continually tending to confer on one part the heighth of power and happiness, and to reduce the other to the extreme of weakness and misery. The intent of good laws is to oppose this effort, and to diffuse their influence universally and equally.”
Rulers stimulated by this pernicious “effort,” and subjects animated by the just “intent of opposing good laws against it,” have occasioned that vast variety of events that fill the histories of so many nations. All these histories demonstrate the truth of this simple position, that to live by the will of one man, or set of men, is the production of misery to all men.
On the solid foundation of this principle, Englishmen reared up the fabrick of their constitution with such a strength as for ages to defy time, tyranny, treachery, internal and foreign wars: And, as an illustrious author of your nation, hereafter mentioned [Montesquieu] observes,—“They gave the people of their Colonies, the form of their own government, and this government carrying prosperity along with it, they have grown great nations in the forests they were sent to inhabit.”
In this form, the first grand right is that of the people having a share in their own government by their representatives chosen by themselves, and, in consequence of being ruled by laws which they themselves approve, not by edicts of men over whom they have no controul. This is a bulwark surrounding and defending their property, which by their honest cares and labours they have acquired so that no portions of it can legally be taken from them, but with their own full and free consent, when they in their judgment deem it just and necessary to give them for public service, and precisely direct the easiest, cheapest, and most equal methods, in which they shall be collected.
The influence of this right extends still farther. If money is wanted by Rulers who have in any manner oppressed the people, they may retain it until their grievances are redressed; and thus peaceably procure relief, without trusting to despised petitions or disturbing the public tranquility.
The next great right is that of trial by jury. This provides that neither life, liberty nor property can be taken from the possessor until twelve of his unexceptionable countrymen and peers of his vicinage, who from that neighbourhood may reasonably be supposed to be acquainted with his character and the characters of the witnesses, upon a fair trial, and full enquiry, face to face in open Court before as many people as chuse to attend, shall pass their sentence upon oath against him; a sentence that cannot injure him without injuring their own reputation and probably their interest also, as the question may turn on points that in some degree concern the general welfare; and if it does not, their verdict may form a precedent that on a similar trial of their own may militate against themselves.
Another right relates merely to the liberty of the person. If a subject is seized and imprisoned, tho’ by order of Government, he may by virtue of this right immediately obtain a writ termed a Habeas Corpus, from a Judge whose sworn duty it is 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 easy rents and not by rigorous and oppressive services, frequently forcing the possessors from their families and their business to perform what ought to be done in all well regulated states by men hired for the purpose.
The last right we shall mention regards the freedom of the press. The importance of this consists, besides the advancement of truth, science, morality, and arts in general, in its diffusion of liberal sentiments on the administration of Government, 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 conducting affairs.
These are the invaluable rights that form a considerable part of our mild system of government; that, sending its equitable energy through all ranks and classes of men, defends the poor from the rich, the weak from the powerful, the industrious from the rapacious, the peaceable from the violent, the tenants from the lords, and all from their superiors.
These are the rights without which a people cannot be free and happy, and under the protecting and encouraging influence of which these colonies have hitherto so amazingly flourished and increased. These are the rights a profligate Ministry are now striving by force of arms to ravish from us, and which we are with one mind resolved never to resign but with our lives.
These are the rights you are entitled to and ought at this moment in perfection to exercise. And what is offered to you by the late Act of Parliament 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 are connected, firmly stipulated for your enjoyment of it. If laws, divine and human, could secure 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 statute are—that those “laws shall be the rule, until they shall be varied or altered by any ordinances of the Governor and Council.” Is the “certainty 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 descendants? No. They too are subjected to arbitrary “alterations” by the Governor and Council; and a power is expressly reserved of appointing “such courts of criminal, civil and ecclesiastical jurisdiction, 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 establish even the Inquisition itself among you. Have you an Assembly composed of worthy men, elected by yourselves and in whom you can confide, to make laws 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 laws for you is lodged in the governor and council, all of them dependent upon and removeable at the pleasure of a Minister. Besides, another late statute, made without your consent, has subjected you to the impositions of Excise, the horror of all free states, thus wresting your property 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 the castles of English subjects in the books of their law. And in the very act for altering your government, 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 conveniences, within your respective towns and districts.” Why this degrading distinction? Ought not the property, honestly acquired by Canadians, to be held as sacred as that of Englishmen? Have not Canadians sense enough to attend to any other public affairs than gathering stones from one place and piling them up in another? Unhappy people! who