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pretend it. Why then should the members of society be supposed, on their entering into it, to have had in contemplation the reforming an abuse which never existed? Or why are they pretended to have invested the magistrate with authority to sway and direct their religious sentiment? In reality, such delegation of power, had it ever been made, would be a mere nullity, and the compact by which it was ceded, altogether nugatory, the rights of conscience being immutably personal and absolutely inalienable, nor can the state or community as such have any concern in the matter. For in what manner doth it affect society, which is evidently and solely instituted to prevent personal assault, the violation of property and the defamation of character; and hath not (these remaining inviolate) any interest in the actions of men-how doth it, I say, affect society what principles we entertain in our own minds, or in what outward form we think it best to pay our adoration to God? But to set the absurd

matters of religion, in the strongest light, I would fain know what religion it is that he has authority to establish? Has he a right to establish only the true religion, or is any reli

by incurs, but so many punishments? And what else is the punishment for not embracing the religion of others, but the punishment for practising one's own? With how little propriety a nation can boast of its freedom under such restraints on religious liberty, requires no great sagacity to determine. They affect, 'tis true, to abhor the imputation of tolerance, and applaud themselves for their pretended toleration and lenity. As contra-distinguished, indeed, from actual prohibition, a permission may doubtless be called a toleration; for as a man is permitted to enjoy his religion under whatever penalties or forfeitures, he is certainly tolerated to enjoy it. But as far as he pays for such enjoyment, by suffering those penalties and forfeitures, he as certainly does not enjoy it freely. On the contrary, he is persecuted in the proportion that his privilege is so regulated and qualified. I call it persecution, because it is harassing mankind for their principles; and I deny that such punishments derive any sanction from law, because the consciences of menity of the magistrate's authority to interfere in are not the objects of human legislation. And to trace this stupendous insult on the dignity of reason to any other source than the one from which I induced it in the preceding essay, I mean the abominable combination of king-gion true because he does not establish it? If craft and priest-craft, (in everlasting indissoluble league to extirpate liberty, and erect on its ruins boundless and universal despotism,) would I believe puzzle the most assiduous enquirer. For what business, in the name of common sense, has the magistrate (distinctly and singly appointed for our political and temporal happiness) with our religion, which is to secure our happiness spiritual and eternal? And indeed among all the absurdities chargeable upon human nature, it never yet entered into the thoughts of any one to confer such authority upon another. The institution of civil society I have pointed out as originating from the unbridled rapaciousness of individuals, and as a necessary curb to prevent that violence and other inconveniences to which men in a state of nature were exposed. But whoever fancied it a violence offered to himself, that another should enjoy his own opinion? Or who, in a state of nature, ever deemed it an inconvenience that every man should choose his own religion? Did the free denizens of the world, before the monstrous birth of priest-craft, aiding by and aided by the secular arm, ever worry one another for not practising ridiculous rites, or for disbelieving things incredible? Did men in their aboriginal condition ever suffer persecution for conscience sake? The most frantic enthusiast will not

the former, his trouble is as vain as it is arrogant, because the true religion being not of this world, wants not the princes of this world to support it; but has in fact either languished or been adulterated wherever they meddled with it. If the supreme magistrate, as such, has authority to establish any religion he thinks to be true, and the religion so established is therefore right and ought to be embraced, it follows, since all supreme magistrates have the same authority, that all established religions are equally right, and ought to be embraced. The emperor of China, therefore, having, as supreme magistrate in his empire, the same right to establish the precepts of Confucius, and the Sultan in his, the imposture of Mahomet, as hath the king of Great Britain the doctrine of Christ in his dominion, it results from these principles, that the religions of Confucius and Mahomet are equally true with the doctrine of our blessed Saviour and his Apostles, and equally obligatory upon the respective subjects of China and Turkey, as Christianity is on those within the British realm; a position which, I presume, the most zealous advocate for ecclesiastical domination would think it blasphemy to avow.

The English ecclesiastical government, therefore, is, and all the RELIGIOUS ESTABLISHMENTS IN THE WORLD are manifest violations of the right of private judgment in mat

ters of religion. They are impudent outrages | pealed, the voluntary, unchecked moral suasion on common sense, in arrogating a power of con- of every individual, and his own self-directed troling the devotional operations of the mind intercourse with the father of spirits, either by and external acts of divine homage not cogniz-devout retirement or public worship of his own able by any human tribunal, and for which we are accountable only to the Great Searcher of hearts, whose prerogative it is to judge them. In contrast with this spiritual tyranny, how beautiful appears our Catholic constitution in disclaiming all jurisdiction over the souls of men, and securing, by a law never to be re- | the different articles of their faith!"

election! How amiable the plan of entrenching, with the sanction of an ordinance, immutable and irrevocable, the sacred rights of conscience, and renouncing all discrimination between men on account of their sentiments about the various modes of church government, or

ACTION

PENNSYLVANIA.

OF THE CITIZENS OF PHILADELPHIA, IN OPPOSITION TO THE IMPORTATION OF TEA.

PHILADELPHIA, January 3, 1774. The unanimity, spirit and zeal which have heretofore animated all the colonies, from Boston to South Carolina, have been so eminently displayed in the opposition to the pernicious project of the East India company, in sending tea to America, while it remains subject to a duty, and the Americans at the same time confined by the strongest prohibitory laws to import it only from Great Britain, that a particular account of the transactions of this city cannot but be acceptable to all our readers, and every other friend of American liberty.

Upon the first advice of this measure, a general dissatisfaction was expressed, that, at a time when we were struggling with this oppressive act, and an agreement not to import tea while subject to the duty, our fellow subjects in England should form a measure so directly tending to enforce that act, and again embroil us with our parent state. When it was also considered, that the proposed mode of disposing of the tea, tended to a monopoly, ever odious in a free country, a universal disapprobation shewed itself throughout the city. A public meeting of the inhabitants was held at the state house on the 18th October, at which great numbers attended, and the sense of the city was expressed in the following resolves

1. That the disposal of their own property is the inherent rights of freemen; that there can be no property in that which another can, of right, take from us without our consent; that

the claim of parliament to tax America is, in other words, a claim of right to levy contributions on us at pleasure.

2. That the duty imposed by parliament upon tea landed in America, is a tax on the Americans, or levying contributions on them without their consent.

3. That the express purpose for which the tax is levied on the Americans, namely, for the support of government, administration of justice, and defence of his majesty's dominions in America, has a direct tendency to render assemblies useless, and to introduce arbitrary government and slavery.

4. That a virtuous and steady opposition to this ministerial plan of governing America, is absolutely necessary to preserve even the shadow of liberty, and is a duty which every freeman in America owes to his country, to himself and to his posterity.

5. That the resolution lately entered into by the East India company to send out their tea to America, subject to the payment of duties on its being landed here, is an open attempt to enforce this ministerial plan, and a violent attack upon the liberties of America.

6. That it is the duty of every American to oppose this attempt.

7. That whoever shall, directly or indirectly, countenance this attempt, or in any wise aid or abet in unloading, receiving or vending the tea sent, or to be sent out by the East India company, while it remains subject to the payment of duty here, is an enemy to his country.

8. That a committee be immediately chosen to wait on those gentlemen who, it is reported, are appointed by the East India company to receive and sell the said tea, and request them from a regard to their own character, and the

peace and good order of the city and province, | and being apprized of the arrival of Mr. Gilbert immediately to resign their appointment.

Barclay, the other consignee, who came passenger in the ship, they immediately went in a body to request his renunciation of the commission. Mr. Barclay politely attended the committee, at the first request; and being made acquainted with the sentiments of the city, and the danger to which the public liberties of America were exposed by this measure, he, after expressing the particular hardship of his situation, also resigned the commission, in a manner which affected every one present.

The committee then appointed three of their members to go to Chester, and two others to Gloucester Point, in order to have the earliest opportunity of meeting captain Ayres, and representing to him the sense of the public, respecting his voyage and cargo. The gentlemen who had set out for Chester, receiving intelligence that the vessel had weighed anchor about 12 o'clock, and proceeded to town, returned. About 2 o'clock she appeared in sight of Gloucester Point, where a number of inhabitants from the town had assembled with the gentlemen from the committee. As she passed along, she was hailed, and the captain

In consequence of this appointment, the committee waited upon the gentlemen in this city, who had been appointed consignees of the expected cargo. They represented to them the detestation and abhorrence in which this measure was held by their fellow-citizens, the danger and difficulties which must attend the execution of so odious a trust, and expressed the united desires of the city, that they would renounce the commission, and engage not to intermeddle with the ship or cargo in any shape whatever. Some of the commissioners resigned, in a manner that gave general satisfaction, others in such equivocal terms as required further explanation. However in a few days the resignation was complete. In this situation things remained for a few days. In the meantime, the general spirit and indignation rose to such a height, that it was thought proper to call another general meeting of the principal citizens to consider and resolve upon such farther steps as might give weight, and insure success to the unanimous opposition now formed. Accordingly a meeting was held, for the above purpose, at which a great num-requested not to proceed further, but to come ber of respectable inhabitants attended, and it appeared to be the unanimous opinion that the entry of the ship at the custom-house, or the landing any part of her cargo, would be attended with great danger and difficulty, and would directly tend to destroy that peace and good order which ought to be preserved. An addition of twelve other gentlemen was then made to the former committee, and the general meeting adjourned till the arrival of the tea ship. Information being given of that, the price of tea was suddenly advanced, though it was owing to a general scarcity of that article; yet all the possessors of tea, in order to give strength to the opposition, readily agreed to reduce the price, and sell what remained in their hands at a reasonable rate. Nothing now remained, but to keep up a proper correspondence and connection with the other colonies, and to take all prudent and proper precautions on the arrival of the tea ship.

It is not easy to describe the anxiety and suspense of the city in this interval. Sundry reports of her arrival were received, which proved premature.-But on Saturday evening the 25th ult. an express came up from Chester, to inform the town that the tea ship, commanded by captain Ayres, with her detested cargo, was arrived there, having followed another ship up the river so far.

on shore. This the captain complied with, and was handed through a lane made by the people, to the gentlemen appointed to confer with him. They represented to him the general sentiments, together with the danger and difficulties that would attend his refusal to comply with the wishes of the inhabitants; and finally desired him to proceed with them to town, where he would be more fully informed of the temper and resolution of the people. He was accordingly accompanied to town by a number of persons, where he was soon convinced of the truth and propriety of the representations which had been made to him-and agreed that, upon the desire of the inhabitants being publicly expressed, he would conduct himself accordingly. Some small rudeness being offered to the captain afterwards in the street, by some boys, several gentlemen interposed, and suppressed it before he received the least injury. Upon an hour's notice on Monday morning, a public meeting was called, and the state-house not being sufficient to hold the numbers assembled, they adjourned into the square. This meeting is allowed by all to be the most respectable, both in the numbers and rank of those who attended it, that has been known in this city. After a short introduction, the following resolutions were not only agreed to, but the public approbation testified in the

The committee met early the next morning, warmest manner:

1. Resolved, That the tea, on board the ship Polly, captain Ayres, shall not be landed.

PROCEEDINGS

2. That captain Ayres shall neither enter nor OF FREEHOLDERS AND FREEMEN OF THE CITY AND report his vessel at the custom-house. COUNTY OF PHILADELPHIA, HELD ON SATURDAY JUNE 18th, 1774, ON THE BOSTON PORT-BILL.

3. That captain Ayres shall carry back the tea immediately.

4. That captain Ayres shall immediately send a pilot on board his vessel, with orders to take charge of her, and proceed to Reedy island next high water.

5. That the captain shall be allowed to stay in town till to-morrow, to provide necessaries for his voyage.

6. That he shall then be obliged to leave the town and proceed to his vessel, and make the best of his way out of our river and bay.

7. That a committee of four gentlemen be appointed to see these resolves carried into execution.

- The assembly were then informed of the spirit and resolution of New York, Charleston, South Carolina, and the conduct of the people of Boston, whereupon it was unanimously resolved:

That this assembly highly approve of the conduct and spirit of the people of New York, Charleston, and Boston, and return their hearty thanks to the people of Boston for their resolution in destroying the tea, rather than suffering it to be landed.

The whole business was conducted with a decorum and order worthy the importance of the cause. Captain Ayres being present at this meeting, solemnly and publicly engaged, that he would literally comply with the sense of the city, as expressed in the above resolutions.

A proper supply of necessaries and fresh provisions being then procured, in about two hours the tea ship weighed anchor from Gloucester Point, where she lay within sight of the town, and has proceeded, with her whole cargo, on her return to the East India company.

The public think the conduct of those gentlemen, whose goods are returned on board the tea ship, ought not to pass unnoticed, as they have, upon this occasion, generously sacrificed their private interest to the public good.

Thus this important affair, in which there has been so glorious an exertion of public virtue and spirit, has been brought to a happy issue; by which the force of a law so obstinately persisted in, to the prejudice of the national commerce, for the sake of the principle on which it is founded, (a right of taxing the Americans without their consent) has been effectually broken-and the foundations of American liberty more deeply laid than ever.

PHILADELPHIA, Saturday, June 18, 1774.

I. Resolved, That the act of parliament, for shutting up the port of Boston, is unconstitutional; oppressive to the inhabitants of that town; dangerous to the liberties of the British colonies; and that therefore, we consider our brethren, at Boston, as suffering in the common cause of America.

II. That a congress of deputies from the several colonies, in North America, is the most probable and proper mode of procuring relief for our suffering brethren, obtaining redress of American grievances, securing our rights and liberties, and re-establishing peace and harmony between Great Britain and these colonies on a constitutional foundation.

III. That a large and respectable committee be immediately appointed for the city and county of Philadelphia, to correspond with their sister colonies and with the several counties in this province, in order that all may unite in promoting and endeavoring to attain the great and valuable ends, mentioned in the foregoing resolution.

IV. That the committee nominated by this meeting shall consult together, and on mature deliberation determine, what is the most proper mode of collecting the sense of this province, and appointing deputies for the same, to attend a general congress: and having determined thereupon, shall take such measures, as by them shall be judged most expedient, for procuring this province to be represented at the said congress, in the best manner that can be devised for promoting the public welfare.

V. That the commitee be instructed immediately to set on foot a subscription for the relief of such poor inhabitants of the town of Boston, as may be deprived of the means of subsistence by the operation of the act of parliament, commonly styled the Boston port-bill. The money arising from such subscription to be laid out as the committee shall think will best answer the ends proposed.

VI. That the committee consist of fortythree persons, viz. John Dickinson, Edward Pennington, John Nixon, Thomas Willing, George Clymer, Samuel Howell, Joseph Reade, John Roberts, (miller) Thomas Wharton, jun. Charles Thomson, Jacob Barge, Thomas Barclay, William Rush, Robert Smith, (carpenter,)

Thomas Fitzimons, George Roberts, Samuel | ing all officers, except in cases where other

Ervin, Thomas Mifflin, John Cox, George Gray, Robert Morris, Samuel Miles, John M. Nesbit, Peter Chevalier, William Moulder, Joseph Moulder, Anthony Morris, jun. John Allen, Jeremiah Warder, jun. rev. D. William Smith, Paul Engle, Thomas Penrose, James Mease, Benjamin Marshall, Reuben Haines, John Bay- | ard, Jonathan B. Smith, Thomas Wharton, Isaac Howell, Michael Hillegas, Adam Hubley, George Schlosser, and Christopher Ludwick.

Thomas Willing, John Dickinson, esquires, chairmen.

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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 indispensable 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.

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We, speaking in their names and our own, acknowledge ourselves liege subjects of his majesty king George the third, to whom 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 appoint

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 states impliedly, and in ours most expressly, subsists between the prince and subject:-For these prerogatives are vested in the crown for the support of society, and do not intrench any further on our natural liberties, than is expedient for the maintenance of our civil."

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But it is our misfortune, that we are compelled loudly to call your attention to the consideration of another power, totally different in and t "wearing a most dreadful aspect" with kind, limited as it is alleged, by no bounds," claimed by parliament, of right, to bind the regard to America. We mean the power people of these colonies by statutes, “IN ALL CASES WHATSOEVER."-A power, as we are not, and, from local circumstances, can not be represented there, utterly subversive of our natural and civil liberties-past events and reasons convincing us, that there never existed, and never can exist, a state thus subordinate to another, and yet retaining the slightest portion of freedom or happiness.

The import of the words above quoted needs no descant; for the wit of man, as we apprehend, cannot possibly form a more clear, concise, and comprehensive definition and sentence of slavery, than these expressions contain.

This power, claimed by Great Britain, and the late attempts to exercise it over these colonies, present to our view two events, one of which must inevitably take place, if she shall continue to insist on her pretensions. Either, the colonists will sink from the rank of freemen into the class of slaves, overwhelmed with all the miseries and vices, proved by the history of mankind to be inseparably annexed to that deplorable condition-or, if they have sense and virtue enough to exert themselves in striving to avoid this perdition, they must be involved in an opposition, dreadful even in contemplation.

Honor, justice, and humanity call upon us to hold, and to transmit to our posterity, that liberty which we received from our ancestors. + Ibid., 270.

Blackstone, 237.

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