communicate and publifh the fame to the feveral towns in this province and to the world, as the fenfe of this town, with the infringements and violations thereof, that have been, or from time to time may be made: also requesting of each town a free communication of their fentiments on this fubject," beg leave to report:

First, A State of the Rights of the Colonists, and of this Province in particular.

Secondly, A Lift of the Infringements and Violations of thofe Rights.

Thirdly, A Letter of Correfpondence with the other Towns.

1. Natural Rights of the Colonists as Men.

Among the natural rights of the Colonists are thefe: First, a right to life; fecondly, to liberty; thirdly, to property; together with the right to fupport and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature.

All men have a right to remain in a ftate of nature as long as they please: and in case of intolerable oppreffion, civil or religious, to leave the fociety they belong to, and enter into another.

When men enter into fociety, it is by voluntary confent; and they have a right to demand and infift upon the performance of fuch conditions and previous limitations as form an equitable original compact.

Every natural right, not exprefsly given-up, or, from the nature of a focial compact, neceffarily ceded, remains. All pofitive and civil laws fhould conform, as far poffible, to the law of natural reason and equity.

As neither reafon requires, nor religion permits, the contrary, every man living in, or out of, a ftate of civil fociety, has a right peaceably and quietly to worship God, according to the dictates of his confcience.

"Just and true liberty, equal and impartial liberty" in matters fpiritual and temporal, is a thing that all men are clearly entitled-to, by the eternal and immutable laws of God and nature, as well as by the law of nations, and all well-grounded municipal laws, which must have their foundation in the former.

In regard to religion, mutual toleration in the different profeffions thereof, is what all good and candid minds in all ages have ever practifed; and both by precept and example inculcated on mankind: and it is now generally agreed among Chriftians, that this fpirit of toleration, in the fulleft extent, consistent with the being of civil fociety, "is the chief characteristical mark of the true church*." Infomuch that Mr. Locke has afferted, and proved beyond the poffibility of contradiction on any folid ground, that such toleration ought to be extended to all whofe doctrines are not fubverfive of fociety. The only fects which he thinks ought to be, and which by all wife laws are, excluded from fuch toleration, are thofe who teach doctrines fubverfive of the civil government under which they live. The Roman Catholicks, or Papifts, are excluded, by reafon of fuch doetrines as thefe," that princes excommunicated may be depofed, and those they call hereticks may be destroyed without mercy;" befides their recognizing the Pope in so abfqlute a manner, in fubverfion of government, by introducing, as far poffible, into the ftates, under whofe protection they enjoy life, liberty, and property, that folecifm in politicks

See Locke's Letters on Toleration,

imperium

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 ftate 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 cause out of the ordinary course of law, and leaving the decifion to referees, or indifferent arbitrators. In the last case he muft pay the referees for time and trouble; he should also 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 legisla, tive 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 fhould pay them reasonable wages. Government was inftituted for the purposes of common defence; and those who hold the reins of government have an equitable natural right to an honourable fupport from the fame principle" that the labourer is worthy of his hire:" but then the fame community which they ferve, aught to be the affeffors of their pay: governours have no

* A government within a government.

+ Locke on Government.

right to feek and take what they pleafe; by this, inftead of being content with the station affigned them, that of honourable fervants of the fociety, they would foon become absolute 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 adminiftration 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 abfurdity 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 preferving thofe 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 mistakę, should in terms renounce, or give-up, any effential natural right, the eternal law of reafon and the grand end of society, 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 Colonists as Chriftians.

Thefe may be best understood by reading and carefully ftudying the inftitutes of the great lawgiver and head of the Chriftian 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-a&, 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 worship of Gon, to all Chriftians except Papifts, inhabiting, or which fhall inhabit or be refident within the faid province or territory*. Magna Charta itself is in fubftance but a conftrained declaration, or proclamation and promulgation, in the name of King, Lords and Commons, of the sense the latter had, of their original, inherent, indefeafible natural rights; as alfo thofe of free citizens, equally perdurable with the other. That great author, that great jurist, and even that court writer, Mr. Juftice Blackstone, holds, that this recognition was juftly obtained of King John fword-inhand; and peradventure it mult be one day sword-inhand again rescued and preferved from total destruction and oblivion.

III. The Rights of the Colonifts 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, exclufive 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.

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