American Political Writing During the Founding Era: 1760–1805: Two Volume Paperback Set

35. [Anonymous] and William Whiting, Berkshire's Grievances (Statement of Berkshire County Representatives, and Address to the Inhabitants of Berkshire)

PolWritV1_451-500.indd 455 2/21/12 11:21 AM [35} [ ANONYMOUS AND WILLIAM WHITING ) Berkshire's Grievances PITTSFIELD, 1778 One consequence of the spreading demand for independence from England was the insistence of many people in western Massachusetts that the courts no longer had jurisdiction over them. This was the case, they felt, because the courts derived their existence and authority from British law, and the judges held their appointments from a governor who had been appointed by the Crown. Within a short time after the Declaration of Independence courts were effectively out of business in western Massachusetts and remained so for about four years. In June, 1777, a constitutional convention convened, and in the following March it submitted a proposed constitution for ratification by the people assembled in town meetings. The constitution was rejected during the next few weeks, with the consequence that the government which derived its authority from the colonial charter continued to function. In the fall of r778 the Massachusetts legislature sent a committee to Pittsfield, in Berkshire County, to hear and investigate complaints. The first of these two documents makes the case for closing the courts. The second document is the response of William Whiting for the investigating committee. The first document is as printed in Oscar Handlin and Mary Handlin (editors), The Popular Sources of Political Authority: Domments on the Massachusetts Constitution of 1780, pages 374-379. Statement of Berkshire County Representatives, November I 7, I 7 78 To the Honorable Committee from the General Court of Massachusetts Bay now convened at Pittsfield- [ 455 J PolWritV1_451-500.indd 456 2/21/12 11:21 AM Mr. Chairman, Sir [4s6J PITTSFIELD, 1778 We whose Names are underwritten indulging some Apprehensions of the Importance of Civil and religious Liberty, the destructive Nature of Tyranny and lawless power, and the absolute necessity of legal Government, to prevent Anarchy and Confusion; have taken this method to indulge our own Feelings and Sentiments respecting the important matters that have for some Time been the Subject of debate in this present Meeting- Political Disquisitions, if managed with Decency, Moderation and Candor are a good preservative against Ignorance and Servility and such a state of perfect Quietude as would endanger the Rights of Mankind united in the Bands of Society. We wish to preserve this Character in what we have now to offer in the Defence of our Constituents in opposing, in times past, the executive Courts of Justice in this County. We wish with the least Delay to come to the Merits of the cause, and shall now proceed to make those observations on the Nature of Government which are necessary to bring into view the Apprehensions we indulge respecting the present Condition of this state, whether we have a fundamental Constitution or not; and how far we have Government duly organized and how far not: In free States the people are to be considered as the fountain of power. And the social Tie as founded in Compact. The people at large are endowed with alienable and unalienable Rights. Those which are unalienable, are those which belong to Conscience respecting the worship of God and the practice of the Christian Religion, and that of being determined or governed by the Majority in the Institution or formation of Government. The alienable are those which may be delegated for the Common good, or those which are for the common good to be parted with. It is of the unalienable Rights, particularly that of being determined or governed by the Majority on the Institution or formation of Government of which something further is necessary to be considered at this Time. That the Majority should be governed by the Minority on the first Institution of Government is not only contrary to the common apprehensions of Mankind in general, but it contradicts the common Law of Justice and benevolence. Mankind being in a state of nature equal, the larger Number (Caeteris paribus) is of more worth than the lesser, and the common happiness is to be preferred to that of Individuals. When Men form the social Compact, for the Majority to consent to be governed by the PolWritV1_451-500.indd 457 2/21/12 11:21 AM [ 457} ANONYMOUS Minority is down right popery in politicks, as submission to him who claims Infallibility, and of being the only Judge of Right and wrong, is popery in Religion. In all free Governments duly...