American Political Writing During the Founding Era: 1760–1805. Группа авторов
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What would your countryman, the immortal Montesquieu, have said to such a plan of domination as has been framed for you? Hear his words, with an intenseness of thought suited to the importance of the subject.—“In a free state, every man, who is supposed a free agent, ought to be concerned in his own government: Therefore the legislative should reside in the whole body of the people, or their representatives.”—“The political liberty of the subject is a tranquillity of mind, arising from the opinion each person has of his safety. 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 same person, or in the same body of Magistrates, there can be no liberty; because apprehensions may arise, lest the same Monarch or Senate, 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 profession, which may be useful, but is often dangerous.”—“The enjoyment of liberty, and even its support and preservation, consists in every man’s being allowed to speak his thoughts, and lay open his sentiments.”
Apply these decisive maxims, sanctified by the authority of a name which all Europe reveres, to your own state. You have a Governor, it may be urged, vested with the executive powers or the powers of administration. In him and in your Council is lodged the power of making laws. You have Judges who are to decide every cause affecting your lives, liberty or property. Here is, indeed, an appearance of the several powers being separated 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 illuded by a tinsel’d outside, and exerting the natural sagacity of Frenchmen, examine the specious device and you will find it, to use an expression of holy writ, “a whited sepulchre” for burying your lives, liberty and property.
Your Judges and your Legislative Council, as it is called, are dependant on your Governor, and he is dependant on the servant of the Crown in Great-Britain. The 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 dissolve. Such a treacherous ingenuity has been exerted in drawing up the code lately offered you, that every sentence, beginning with a benevolent pretension, concludes with a destructive power; and the substance of the whole, divested of its smooth words, is—that the Crown and its Ministers shall be as absolute throughout your extended province as the despots of Asia or Africa. What can protect your property from taxing edicts and the rapacity of necessitous and cruel masters, your persons from Letters de Cachet, goals, dungeons, and oppressive services, your lives and general liberty from arbitrary and unfeeling rulers? We defy you, casting your view upon every side, to discover a single circumstance promising from any quarter the faintest hope of liberty to you or your posterity, but from an entire adoption into the union of these Colonies.
What advice would the truly great man before-mentioned, that advocate of freedom and humanity, give you, was he now living and knew that we, your numerous and powerful neighbours, animated 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 regard for yourselves 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 subjection under Governors, Intendants, and Military Tyrants, into the firm rank and condition of English freemen, whose custom it is, derived from their ancestors, to make those tremble who dare to think of making them miserable?
Would not this be the purport of his address? “Seize the opportunity presented to you by Providence itself. You have been conquered into liberty, if you act 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 should convince you which will be most for your interest and happiness, to have all the rest of North-America your unalterable friends, or your inveterate enemies. The injuries of Boston have roused and associated every colony, from Nova-Scotia 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 interests? For their own sakes, they never will desert 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. Heaven grant you may not discover them to be blessings after they have bid you an eternal adieu.”
We are too well acquainted with the liberality of sentiment distinguishing your nation to imagine, that difference of religion will prejudice you against a hearty amity with us. You know that the transcendant nature of freedom elevates those who unite in her cause above all such low-minded infirmities. The Swiss Cantons furnish a memorable proof of this truth. Their union is composed of Roman Catholic and Protestant States, living in the utmost concord and peace with one another and thereby enabled, ever since they bravely vindicated their freedom, to defy and defeat every tyrant that has invaded them.
Should there be any among you, as there generally are in all societies, who prefer the favours of Ministers and their own private interests to the welfare of their country, the temper of such selfish persons will render them incredibly active 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 of the whole Canadian people and their posterity to gratify the avarice and ambition of individuals.
We do not ask you, by this address, to commence acts of hostility against the government of our common Sovereign. We only invite you to consult your own glory and welfare, and not to suffer yourselves to be inveigled or intimidated by infamous ministers so far as to become the instruments of their cruelty and despotism, but to unite with us in one social compact, formed on the generous principles of equal liberty and cemented by such an exchange of beneficial and endearing offices as to render it perpetual. In order to complete this highly desirable union, we submit it to your consideration whether it may not be expedient for you to meet together in your several towns and districts and elect Deputies, who afterwards meeting in a provincial Congress, may chuse Delegates to represent your province in the continental Congress to be held at Philadelphia on the tenth day of May, 1775.
In this present Congress, beginning on the fifth of the last month and continued to this day, it has been with universal pleasure and an unanimous vote resolved: That we should consider the violation of your rights, by the act for altering the government of your province, as a violation of our own, and that you should be invited to accede to our confederation, which has no other objects than the perfect security of the natural and civil rights of all the constituent members according to their respective circumstances, and the preservation of a happy