48. "Defence of the New-England Charters" (1721)
BY AGENT JEREMIAH DUMMER
Dummer was a minister in New England, but later entered into English politics. He was agent of Massachusetts in England from 1710 to 1721. This is the most famous statement of the rights of the colonies in this period. — Bibliography: Tyler, American Literature, II, 116-120; Palfrey, New England, IV, 277-580 passim; J. A. Doyle, English in America, Puritan Colonies, II, 371-372; Channing and Hart, Guide, § 130. — For previous discussions of charters, see Contemporaries, I, Nos. 67, 105 109, 114, 116, 135.
The 2d Charge in the Bill against the Charter Governments, that they have exercis'd arbitrary Power, answer'd. THE other Charge in the Bill is, That they have exercis'd arbitrary Power. If this be aim'd at the Proprietary Governments, which however I don't accuse, I have nothing to say, but am sure that the Charter Governments stand clear of it. The Thing speaks loudly for itself. For in the Governments, where there are Charters, and those Charters entire, Officers Civil and Military are elected by the People, and that annually ; than which Constitution nothing under Heaven can be a stronger Barrier against arbitrary Rule. For should it be allow'd, that the People, corrupted or deceiv'd, might instead of wise Magistrates chuse Tyrants and Oppressors to Lord over them one Year ; yet it can't be imagin'd, that after they have felt the Smart of it, they will do so the next. Nor can there be a greater Obligation on the Rulers themselves to administer Justice, than that their Election depends on it the next Year. Hence the frequent Choice of Magistrates has bin ever a main Pillar, upon which all who have aim'd at Freedom in their Schemes of Government, have depended.
AS the Reason is incontestable, so the Fact is apparent, that these Governments, far from retrenching the Liberty of the Subject, have improv'd it in some important Articles, which the Circumstances of Things in Great Britain perhaps don't require, or won't easily admit.
To instance in a few; There has bin from the beginning an Office erected by Law in every County, where all Conveyances of Land are enter'd at large, after the Grantors have first acknowledg'd them before a Justice of Peace ; by which means much Fraud is prevented, no Person being able to sell his Estate twice, or take up more Money upon it than it's worth. Provision has likewise bin made for the Security of the Life and Property of the Subject in the Matter of Juries, who are