INSTRUCTIONS

FROM THE

COMMITTEE

TO THE

REPRESENTATIVES IN ASSEMBLY MET.

GENTLEMEN,

THE dissensions between Great-Britain and her colonies on this continent, commencing about ten years ago, since continually increasing, and at length grown to such an excess as to involve the latter in deep distress and danger, have excited the good people of this province to take into their serious consideration the present situation of public affairs.

THE inhabitants of the several counties qualified to vote at elections, being assembled on due notice, have appointed us their deputies; and in consequence thereof, we being in provincial committee met, esteem it our indispensible duty, in pursuance of the trust reposed in us, to give you such instructions, as, at this important period, appear to us to be proper.

WE, speaking in their names and our own, acknowledge ourselves liege subjects of his majesty king George the third, to whom "we will be faithful and bear true allegiance."

OUR judgments and affections attach us, with inviolable loyalty, to his majesty's person, family and government.

WE acknowledge the prerogatives of the sovereign, among which are included the great powers of making peace and war, treaties, leagues and alliances binding us--of appointing all officers, except in cases where other provision is made, by grants from the crown, or laws approved by the crown of confirming or annulling every act of our assembly within the allowed time-and of hearing and determining finally, in council, appeals from our courts of justice. "The prerogatives are limited," as a learned judge observes," by bounds so certain and notorious, that it is impossible to exceed them, without the consent of the people on the one hand, or without, on the other, a violation of that original contract, which, in all

* Blackstone 237.

And though we are strangers to the original of most states, yet we must not imagine that what has been here said, concerning the manner in which civil societies are formed, is an arbitrary fiction. For since it is certain, that all ci

states impliedly, and in ours most expressly, subsists between the prince and subject.--For these prerogatives are vested in the crown for the support

vil societies had a beginning, it is impossible to conceive, how the members, of which they are composed, could unite to live together dependent on a supreme authority, without supposing the covenants above-mentioned.

BURLEMAQUI'S Princ. of pol. law. vol. 2. page 29.

And in fact, upon considering the primitive state of man, it appears most certain, that the appellations of sovereigns and subjects, masters and slaves, are unknown to nature. Nature has made us all of the same species, all equal, all free and independent of each other; and was willing that those, on whom she has bestowed the same faculties, should have all the same rights. It is therefore beyond all doubt, that in this primitive state of nature, no man has of himself an original right of commanding others, or any title to sovereignty.

There is none but God alone that has of himself, and in consequence of his nature and perfections, a natural, essential, and inherent right of giving laws to mankind, and of exercising an absolute sovereignty over them. The case is otherwise between man and man, they are of their own nature as independent of one another, as they are dependent on God. This liberty and independence is therefore a right naturally belonging to man, of which it would be unjust to deprive him against his will.

Idem, page 38.

There is a beautiful passage of Cicero's to this purpose. Nothing is more agreeable to the supreme Deity, that governs this universe, than civil societies lawfully

established.

When therefore we give to sovereigns the title of God's vicegerents upon earth, this does not imply that they derive their authority immediately from God, but it signifies only, that by means of the power lodged in their hands, and with which the people have invested them, they maintain, agreeably to the views of the Deity, both order and peace, and thus procure the happiness Idem. page 40.

of mankind.

a Nihil est illi principi Deo, qui omnem hunc mundum regit, quod quidem in terris fiat acceptius, quam consilia coetusque hominum jure sociati, quæ civitates appellantur. Somn. Scip shap. 3.

of society, and do not intrench any farther on our natural liberties, than is expedient for the maintenance of our civil."

BUT it is our misfortune, that we are compelled loudly to call your attention to the consideration of another power, totally different in kind--limited, as it is alledged, by no "bounds," and "wear

"ing a most dreadful aspect," with regard to America. We mean the power claimed by parliament, of right, to bind the people of these colonies by statutes, "in all cases whatsoever"--a power,

But it will be here objected, that the scripture itself says, that every man ought to be subject to the supreme powers, because they are established by God.b I answer, with Grotius, that men have established civil societies, not in consequence of a divine ordinance, but of their voluntary motion, induced to it by the experience they had had of the incapacity which separate families were under, of defending themselves against the insults and attacks of human violence. From thence he adds) arises the civil power, which St. Peter, foc this reason, calls a human power, though in other parts of scripture it bears the name of a divine institution,d because God has approved of it as an establishment useful to mankind.

All the other arguments, in favour of the opinion we have been here refut ing, do not even deserve our notice. In general, it may be observed, that never were more wretched reasons produced than upon this subject, as the reader may be easily convinced by reading Puffendorf on the law of nature and nations, who, in the chapter corresponding to this, gives these arguments at length, and completely refutes them.f Idem. page 42, 43.

1 Blackstone 270.

b Rom. xiii.

C ci Ep. chap. 2. v. 13. d Rom. xiii. I.

e Grotius of the right of war and peace. book I. chap. 4 fec. 7, 12. No. 3f See the law of nature and nations, book VII. chap. 3.