The New Hampshire Gazette And Historical Chronicle

BOSTON, June 15.

On Tuesday last a Committee of the Honorable House of Representatives waited on His Excellency the Governor with the following Message, viz.

May IT Please YOUR EXCELLENCY,

THE House of Representatives have duly considered your Message of the 31st of May, and are sorry to find your Excellency declaring, that you "have no Authority over his Majesty's Ships in this Port, or his Troops within this Town; and that you can give no Orders for the Removal of the same."

We clearly hold, that the King's most excellent Majesty, to whom we have, and ever shall bear, and since the convening of this present Assembly we have sworn, true and faithful Allegiance, is the supreme executive Power through all the Parts of the British Empire: And we are humbly of Opinion, that within the Limits of this Colony and Jurisdiction, your Excellency is the King's Lieutenant, Captain-General and Commander in Chief, in as full and ample a Manner, as is the Lord Lieutenant of Ireland, or any other his Majesty's Lieutenants in the Dominions to the Realm of Great-Britain appertaining.

From hence we think it indubitably follows, that all Officers, civil and military, within this Colony, are subject to the Order, Direction and Controul of your Excellency, so far at least as is necessary for the Safety of the People, & the Security of the Privilege of this House, as they are to the King's Majesty within the Realm.

And though we admit, that Peace and War are in the King's Hand, & that it is an indisputable Part of the Royal Prerogative, necessary for the Preservation of the Common-Wealth, as all other well-grounded Prerogative Powers are, That to destine the Fleets, and march the Armies of the State to any Part of the World, where they may be necessary for the Defence and Preservation of the Society, belongs to the Crown; yet it is impossible to believe, that a military Power or a standing Army, procured and stationed here in Consequence of Misrepresentations of the Duty and Loyalty of his Majesty's Subjects of the Province, and suddenly quartered not only contrary to Act of Parliament, and to every Principle of Reason, Justice and Equity, but accompanied with every Mark of Contempt, Reproach and Insult, to as brave and loyal a People as ever served a Prince, can be uncontroulable by the supreme Executive of the Province; which, within the Limits of the same, is the just and full Representative of the supreme Executive of the whole Empire.

It is well known, that it is no uncommon Thing for Disturbances to happen in populous Cities; and such as have unfortunately taken Place in this Province, have been greatly misrepresented: We have not only been told of, but all Parts of the Empire have been alarmed with, Apprehensions of Danger to his Majesty's Government in North-America in general, and in this Province in particular, by Reason of the most exaggerated Accounts of certain Disturbances, which however, have in every Instance been far, very far from being carried to that atrocious and alarming Length to which many have been in Britain, at the very Gates of the Palace and even the Royal Presence.

It is most certain, that every Subject has a right, to have the Rules of his Duty, Obedience and Allegiance clearly defined and determined: Hence it may be inferred, that very miserable is the Servitude of those, who know not, whether they are subject to an absolute Power, civil or military; or both, as may most effectually prosper Machinations and fulfil the Purposes of Despotism.

It must be obvious to all Jurists, and to every Man endued with an ordinary Understanding, That the Doctrine your Excellency has been pleased to advance, in your Answer to the Message of the House, involves us in that State which is called by the Learned, compelitur in Imperio; or at least establishes a military Power here, uncountroulable by any civil Authority in the Province.

It has been publickly said, that the military Power is become necessary in this Colony, to aid and support civil Government; for which we have no less Authority than the Resolutions of the two Houses of Parliament, and the Declaration of one of his Majesty's principal Secretaries of State: The Use of the military Power to force the Execution of the Laws, is in the Opinion of this House inconsistent, with the Spirit of a free Constitution, and the very Nature of Government.--- Nor can there be any Necessity for it; the Body of the People, the Posse Comitatus will always aid Magistrate in the Execution of such Laws as ought to be executed. The very Supposition of an Unwillingness in the People in general, that a Law should be executed, carries with it the strongest Presumption that it is an unjust Law; at least that it is salutary---It cannot be their Law; for by the Nature of a free Constitution, the People must consent to Laws, before they can be obliged in Conscience to obey them.---In Truth, no Law however grievous, has been opposed in the Execution of it in this Province; and yet a military Power is sent here purposely to aid in the Execution of the Laws: And what adds to the Injustice of those who procured this Armament is, that it was procured at the very Time when the People were dutifully supplicating the Throne for the Redress of Grievances, occasioned by Acts of Parliament for the Purpose of raising a Revenue in America.---We think we can infer from your Excellency's Declaration, that this military Force is uncontroulable by any Authority in the Province: It is then a Power without a Check here, and therefore it is so far absolute. An absolute Power which has the Sword constantly in its Hand, may exercise a rigorous Severity whenever it pleases--- What Privilege, what Security is then left to this House, whose very Existence to any Purpose depends upon its Privilege and Security !--- Nothing remains in such a State, if no Redress can be had from the King's Lieutenant in the Province, but that the oppressed People unite in laying their fervent and humble Petition before their Gracious Sovereign.

On Wednesday Morning His Excellency the GOVERNOR sent the following Message to the House by the Secretary; but the House having adjourned to this Morning, the Secretary then delivered the same, viz.

GENTLEMEN of the House of Representatives,

Notwithstanding the Doubts and Difficulties which you have expressed to me in your Message of this Day; it is certain, that I have no Authority to give Orders for the Removal of the KING's Ships out of the Harbour, or his Troops out of the Town: Whoever is acquainted with the Arrangement of the Commands in America, which are all derived from the same King, knows that it is so.

I am sorry that this Question should cause the Non-activity of the Assembly for an entire Fortnight; the Expence of which has already cost the Province upwards of Five Hundred Pounds lawful; and is, for what I can see, still encreasing; besides the Inconvenience acruing to Persons attending the General Court for Business, which falls harder upon them as Individuals, than Expences generally dispersed among the People.

I cannot sit still and see such a Waste of Time and Treasure to no Purpose. If therefore you still continue of the Opinion, "that the keeping an armed Force in this Town, and within its Harbour is a Breach of Privilege, and inconsistent with that Freedom with which you have a Right to deliberate, consult and determine," I must apply such Remedy as is in my Power to remove this Difficulty; and the only Means I have are to move the General Court to a Place where it cannot operate.

It is an indifferent Thing to me where the General Court is held: I know not that it is necessarily confined to any Town; that Town seems to me to be the most proper for it, where the Business can be most conveniently, easily and readily done: And as it is apparent from your own Resolutions, and a Fortnight's Experience, that you do not think that this is, at this Time, a proper Town for the General Court to sit in, I shall remove it to Cambridge, against which Place no Objection that I know of can be formed.

Province-House,
Fra. Bernard.
June 14, 1769,

The Secretary then, by Order of the Governor, adjourned the Court to Harvard-College in Cambridge, to Friday the 16th Inst. at Ten o'Clock Forenoon.