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Apology of the Paxton Volunteers - 16

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standing retained their Claim to Freedom & Independency, & exercised all the Powers of a free State, the Power of making Peace & War, of exercising criminal Jurisdiction etc. And can any Person be so little acquainted with the Law of Nature as to suppose that their giving up this single Article to us, would secure to every Individual of them the Benefit of a Trial by our Laws, when they were Enemies, or tie up our Hands so that we could not chastize them, when they broke their Treaties with us, in the same Manner that we chastize our other Enemies. With as much Reason might it be demanded of us, not to move beyond our own Borders after our Enemies, but patiently suffer ourselves to be murdered & scalped untill we could take some of our Murderers alive & bring them to Trial in our Courts of Justice. For most of the Ravages on our Frontiers have been committed by Tribes of Indians, that have made the same Agreement with us in a Time of Peace. But who does not see the Absurdity of such a Demand in Favour of a Tribe either openly or secretly at War with us?--And lastly, what Nation under the Sun ever dealt with Individuals of another Nation at War with them, & not with the whole Body or Nation? ---*And here we cannot but observe with [ ? ]

But to aggravate the Matter, & to involve us in the unjust Charge of Disloyalty to our gracious King, whom we have faithfully served with Success thro the late & present Indian Wars; we understand that it is said, that the Conestogoe Indians were under the Protection of the Government; & therefore it was flying in the Face of lawful Authority to kill these Indians, especially such of them as were in the Work-House in Lancaster.

We are of a very different Opinion in the Particular, & believe that altho’ the Indians were by the Consent of the Magistrates of Lancaster in the Work House there, they were not, could not be under the Protection of the Government, For there is not Power in any Government to protect its Enemies, that is, to ruin itself. ‘Tis true that the Governour for the Time being, is vested, in the 16th Article of the Royal Charter, with the Power & Office of a Captain General, to levy muster & train all Sorts of Men, of what Condition soever, or wheresoever born, in the Province, to make War, & persue all Enemies, Robbers, etc. as well by Sea as by Land even without the Limits of the Province, & by God’s Assistance to vanquish & take them, & when taken to put them

Contents of this annotation:

  1. Apology of the Paxton Volunteers - 16