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Apology of the Paxton Volunteers - 17

to Death by the Law of War, or to save them at Pleasure. But no Justices of the Peace have nor can have this Power. The Legislative, Executive, and Federative Powers of Government are distinct in themselves, & belong to different Officers; & a Commission to exercise one of these Branches of Power can never authorize any Person to exercise another. The Legislative & Executive Powers of the Power of making & executing Laws respect only the Subjects of the Government, and the Business of those, that are vested with them by proper Commissions, is only to determine Matters that concern the Members of the Community. But the Federative Powers of Government, which respect foreign independent States, and which include the Power of sending Embassadors, making War & Peace, treating with or punishing Enemies, giving military Commissions, constituting Courts martial etc. belong only to the Governour as a Captain General. And every other Inhabitant of the Province is prohibited in the 15 Sect: of the aforesd. Charter from maintaining any Correspondence with any other King, Prince, or State or with any of their subjects that shall be at War with his Majesty. From whence we conclude that it is absolutely repugnant to the Laws of Nations, to the British Constitution & to the Royal Charter granted to our Proprietors, for any Person, however vested with the legislative or Executive Powers of government, to interfere at Treaties with foreign independent States or Commonwealths of Enemies, or carry on a Correspondence with them in Time of War: nor have they any thing to do with them, but as private Persons in Time of Peace. Therefore whether the civil Magistrates at Lancaster, looked upon that free State of Indians that lived in their Neighbourhood, as Friends or Enemies, they neither had nor could have a Power by Virtue of their Commissions, to protect these Enemies of his Majesty against the Resentments of his injured Subjects. And it appears to us that they were sensible that their Commissions did not authorize them to protect these Indians for they never attempted to defend them. Indeed the very attempt would argue either Ignorance of their Office or Rebellion against his Majesty, neither of which can be justly laid to their Charge. So that we conclude that we insulted no lawful Authority, nor flew in the Face of Government, but acted as loyal Subjects of his Majesty when we cut off these his Enemies.

But let us even suppose that the Magistrates were mistaken about the Extent of their Power, (for all Men are fallible) & that they thought they had Power & it was their Duty to protect these Indians. Would it therefore be right to defend his Majesties Enemies, merely because they thought they should do it, or did not know that they were Enemies. “By no Means,” you will say, “but tis wrong to resist

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