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

6. Stephen Hopkins, The Rights of Colonies Examined

PolWritV1_001-050.indd 45 2/21/12 8:29 AM [6} STEPHEN HOPKINS I701-1785 The Rights of Colonies Examined PROVIDENCE, 1764 Stephen Hopkins wrote this pamphlet, with the approval of the Rhode Island legislature, while he was governor of the state. Hopkins later served in the First and Second Continental Congresses, signed the Declaration of Independence, and helped write the Articles of Confederation. While not a brilliant theorist, Hopkins was a superb writer and here captures as well as anyone the central convictions held by most thoughtful Americans during the Stamp Act crisis. Mid the low murmurs of submissive fear And mingled rage, my Hampden rasi'd his voice, And to the laws appeal'd .. THOMPSON 's Liberty Liberty is the greatest blessing that men enjoy, and slavery the heaviest curse that human nature is capable of. This being so makes it a matter of the utmost importance to men which of the two shall be their portion. Absolute liberty is, perhaps, incompatible with any kind of government. The safety resulting from society, and the advantage of just and equal laws, hath caused men to forego some part of their natural liberty, and submit to government. This appears to be the most rational account of its beginning, although, it must be confessed, mankind have by no means been agreed about it. Some have found its origin in the divine appointment; others have thought it took its rise from power; enthusiasts have dreamed that dominion was founded in grace. [4] Leaving these points to be settled by the descendants of Filmer, Cromwell, and Venner, we will consider the British consti- PolWritV1_001-050.indd 46 2/21/12 8:29 AM { 46} PROVIDENCE, 1764 tution as it at present stands, on Revolution principles, and from thence endeavor to find the measure of the magistrate's power and the people's obedience. This glorious constitution, the best that ever existed among men, will be confessed by all to be founded by compact and established by consent of the people. By this most beneficent compact British subjects are to be governed only agreeable to laws to which themselves have some way consented, and are not to be compelled to part with their property but as it is called for by the authority of such laws. The former is truly liberty; the latter is really to be possessed of property and to have something that may be called one's own. On the contrary, those who are governed at the will of another, or of others, and whose property may be taken from them by taxes or otherwise without their own consent and against their will, are in the miserable condition of slaves. "For liberty solely consists in an independency upon the will of another; and by the name of slave we understand a man who can neither dispose of his person or goods, but enjoys all at the will of his master," says Sidney on government. These things premised, whether the British American colonies on the continent are justly entitled to like privileges and freedom as their fellow subjects in Great Britain are, shall be the chief point examined. In discussing this question we shall make the colonies in New England, with whose rights we are best acquainted, the rule of our reasoning, not in the least doubting but all the others are justly entitled to like rights with them. New England was first planted by adventurers who left England, their native country, by permission of King CHARLES I, and at their own expense transported themselves to America, with great risk and difficulty settled among [s] savages, and in a very surprising manner formed new colonies in the wilderness. Before their departure the terms of their freedom and the relation they should stand in to the mother country in their emigrant state were fully settled: they were to remain subject to the King and dependent on the kingdom of Great Britain. In return they were to receive protection and enjoy all the rights and privileges of freeborn Englishmen. This is abundantly proved by the charter given to the Massachusetts colony while they were still in England, and which they received and brought over with them as the authentic evidence of the conditions they removed upon. The colonies of Connecticut and Rhode Island PolWritV1_001-050.indd 47 2/21/12 8:29 AM [ 47} STEPHEN HOPKINS 1701-1785 also afterwards obtained charters...