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A

POLITICAL AND CIVIL HISTORY
OP THE
UNITED STATES OF AMERICA,
FROM THE YEAR 1703
TO THE CLOSE OP THE ADMINISTRATION
OF PRESIDENT WASHINGTON, IN MARCH, 1797:
INCLUDING
A SUMMARY VIEW OP THE
POLITICAL AND CIVIL STATE
OF THE
NORTH AMERICAN COLONIES, PRIOR TO THAT PERIOD.

BY TIMOTHY PITKIN.

IN TWO VOLUMES.
VOL. I.
NEW HAVEN:
PUBLISHED BY HEZEKIAH HOWE AND DURRIE & PECK.
1828.

37. M 9
DISTRICT OF CONNECTICUT, to Wit :
L S ^E it.remembered, That on the twenty- third day of January, in the fifty-
second year of the Independence of the United States of America, A. D.
1828, Timothy Pitkin, of the said District, hath deposited in this Office the Title
ofa Book, the right whereof he claims as author ; in the words following — to wit :
" A Political and Civil History of the United States of America, from the year 1763
to the close ofthe administration of President Washington, in March, 1797 : including
a summary view of the Political and Civil state of the North American Colonies, prior
to that period. By Timothy Pitkin. In two volumes."
In conformity to the act of the Congress of the United States, entitled " An act for
the encouragement of learning, by securing the copies of maps, charts, and hooks, to
the authors and proprietors of such copies, during the times therein mentioned" -and
also to the act entitled " An act supplementary to an act entitled ' An act for the en
couragement of learning, by securing the copies of maps, charts, and books, to the au
thors and proprietors of such copies, during the times therein mentioned,' and extend
ing the benefits thereof to the arts of designing, engraving, and etching historical and
other prints." CHAS. A. INGERSOLL,
Clerk of the District of Connecticut.

PRINTED BY HEZEKIAH HOWE  NEW HAVEN.

PREFACE.

The events, whether of a political, civil, or military character,
which led to the American revolution, and the establishment of
(hose forms of government under which the people ofthe United
States now enjoy so much liberty and happiness, are daily becom
ing more and more objects of peculiar interest and inquiry.
No incident of any considerable importance, either in the ca
binet, or in the field, tending to elucidate this portion of the history
ofthe United States, and to show the sacrifices American patri
ots were then called upon to make, and the difficulties they had to
encounter, in effecting so complete a revolution, can fail to inter
est every American.
With the military events of that period, the people of the Uni
ted States, it is believed, are better acquainted than with those of
a political or civil nature. This first suggested to us the idea,
that a connected view of the political and civil transactions of
our country, unmixed with military events, except so far as the
latter had an influence on the former, was a desirable object.
We were induced to believe, also, that amore intimate knowl
edge and recollection of the difficulties which their political fa
thers had to overcome, not only in effecting that revolution which
separated the North American colonies from Great Britain, but
in establishing those civil institutions and forms of government
under which, by the smiles of heaven, the Americans justly flatter
themselves they now enjoy a greater share of personal and politi
cal happiness than the people of any other nation, would tend to
increase the veneration of the citizens of the United States for
those institutions, and induce them, with firmer purpose, to ad
here to the great charter of their union, as their best and only se
curity against domestic discord or foreign force.
With these views, we have presented to the public, the follow
ing sketches of the political and civil history of the United States,
from 1763 to the close ofthe administration of president Wash
ington, in March, 1797. The great political events of this inter
esting period, we were persuaded, however, could not be well un
derstood, without some knowledge of the political state of the
country prior to that period, ofthe views entertained by our an
cestors respecting their rights, and of the nature of their connec
tion with the parent state.

PREFACE.

The stamp act and the insignificant duty on tea, precipitated,
but did not alone produce, the American revolution. This great
event must be traced to powerful and efficient causes in existence,
and in operation, long before the adoption of these particular
measures ; causes which, brought at length into more active oper
ation by these measures, produced such wonderful effects.
The unexampled unanimity of sentiment against the stamp
act, which instantaneously appeared among two or three millions
of people, widely dispersed over this extensive continent, was not
the work of a day or a year. The opinions then simultaneously
and universally expressed by the Americans, on the subject of their
rights, were the opinions of their fathers, which they brought into
this country, and here cherished and handed down to their pos
terity. We have, therefore, presented a summary ofthe political state
of the North American colonies, from their first settlement to the
year 1763, embracing a general view ofthe colonial policy ofthe
metropolitan country, as well as the opinions and conduct of the
colonists themselves, respecting their civil and political rights, par
ticularly those relating to representation and taxation.
In doing this, we have consulted most of the colonial histories,
and where these were wanting or imperfect, we have, in some in
stances, had recourse to the original records. In our researches
respecting colonial history, we have felt the want of many papers
which could only be found in the office ofthe board of trade and
plantations in England. We have availed ourselves, however, of
the publications of George Chalmers, Esq., who was many years
clerk of that board. We allude to his " political annals" con
cerning the United Colonies of America, published in 1780 ; and
his " opinions of eminent lawyers on various points of English ju
risprudence, chiefly concerning the colonies, fisheries, and com
merce of Great Britain, collected and digested from the originals
in the board of trade and plantations, and other depositories,"
published in 1814. From these publications, (the first of which
is only brought down to the year 1688,) as well as from other
sources, we are satisfied that a full and complete colonial history
of this country cannot be compiled without the aid of those pa
pers ; and we cannot but express a hope, that by the patronage
either of the general government, or the state governments, au
thentic copies of them may be obtained, and deposited among
the archives of our country.
With respect to that portion of American history which has
claimed our particular attention, we have derived our informa
tion from sources deemed perfectly authentic. We have avail-

PREFACE. 5
ed ourselves, so far as we conceived it proper, of the state papers,
to which we have had access, at the seat of the general govern
ment. We have, also, been favored with the perusal of many
ofthe manuscript papers of Arthur Lee and Silas Deane, Esqs.,
both of whom were American agents and ministers in Europe, at
an early period ofthe revolutionary contest.
To the works of Dr. Franklin, we are indebted for much valu
able information. During a long life, he was principally engaged
in public affairs, and no one had a greater share in the political
concerns of his country, than this distinguished philosopher
and statesman. From the correspondence of the late vener
able patriot, John Adams, who, as well as Dr. Franklin, was many
years a minister in Europe, and from the secret journals of the
old congress, we have derived much aid in relation to American
transactions abroad.
The numerous publications relating to individuals who acted
a conspicuous part in the political scenes of this period, not only
give the characters of the individuals themselves, but also, fur
nish many important historical facts. Among these, we would
allude to the life of general Washington, by chief justice Mar
shall, the lives of Mr. Otis, Patrick Henry, Richard Henry Lee,
and Mr. Quincy, and the biographical memoirs of those patriots
who affixed their names to the act of independence.
Much of the revolutionary history of the United States is only
to be found in the private papers of those who were princi
pal actors during that period ; and whenever the letters of gener
al Washington, and the papers left by Samuel Adams, John Ad
ams, and Mr. Jefferson, shall be given to the public, great addi
tions will be made to the stock of materials for American history.
From numerous individuals, as well as from their libraries,
we have obtained many valuable and interesting facts. Among
these individuals, we are permitted to mention the names of Mr.
Jay, and Mr. King. The share which these gentlemen had in
the political affairs of their country, is well known. The former
still survives, to see the fruits of his labors, and particularly to see
the western country, secured in a great measure by his firm and
persevering exertions at the peace of 1783, now inhabited by
millions of his fellow citizens.
To the scanty information of which the public is now in posses
sion, relative to the proceedings of the congress which met at
New York, in October 1765, on the subject ofthe stamp act, we
have made some additions from the papers ofthe late Dr. Wilr
liam S. Johnson of Connecticut, who was a member of that body.
Among these papers, which have been politely furnished us, by

b PREFACE.
his son, the most important is a report on the subject of colonial
rights, which will be found in our appendix. To the same papers we
are indebted for copies ofthe letters of Charles Garth, Esq., agent
for South Carolina, and a member of parliament, giving the most
full and perfect account that has fallen within our observation,
ofthe proceedings ofthe ministry and parliament, in 1766, rela
tive to the celebrated declaratory act, and the repeal of the
stamp act.
The papers and documents having relation to the history of
the United States, during this period, are immensely voluminous,
and are to be found not only among the archives of the general
government and the various state governments, but in the libra
ries and closets of hundreds, nay thousands of individuals, through
out this extensive country. Valuable collections of these papers
and documents, however, have been made and deposited in the
libraries of the universities, historical societies, and other literary
institutions of our country.
We have had an opportunity of examining some of these col
lections, particularly those in the libraries of the universities at
Cambridge and New Haven, and ofthe Atheneum and Histori
cal society at Boston ; and we take great pleasure, in here ac
knowledging the politeness and liberality of the superintendents
of those several institutions, in affording us every facility in mak
ing this examination. The library at Cambridge, by the munifi
cence of individuals highly honorable to themselves and worthy of
imitation, has lately been enriched with the valuable collections
of books and documents relating to America, made by the late
professor Ebeling of Hamburg, and by Mr. Warden at Paris.*
These, in addition to the extensive collections made by the
managers of the Atheneum, and by the Massachusetts historical
society, furnish very ample materials for general American his
tory. The formation and establishment of the confederacy of the
States during the war ofthe revolution, and ofthe present consti
tution of the. United States, are among the most interesting and
important events of the period under our review ; and we regret
that the materials for a more particular account of the proceed
ings of the august assemblies which formed these two systems of
government, are not more ample. Their proceedings, in both in
stances, it is well known, were directed to be kept secret ; and
the debates on the various topics presented for deliberation, and
which alone would develope the true history of their transactions
* The Ebeling collection was presented by Col. Israel Thorndike, and that of Mr.
Warden, by Samuel A. Elliot, Esq., both of Boston.

PREFACE. 7
have never been made public, with the exception of the minutes
of some part of them, taken by one ofthe members of the conven
tion in 1787, for his own private use. These minutes, the jour
nals of the old congress relating to the confederacy, and the jour
nals of the general convention, with the representation made to
the assembly of Maryland by one of the members of the conven
tion from that State, are the only public documents on the subject,
that have fallen within our notice. From these, as well as from
the debates in the State conventions, and information deriv
ed from individuals, we have given an account, though an imper
fect one, of these two important events.
In preparing these sketches, we think proper to state, that we
have not aimed to present a philosophical history of our country,
or attempted a minute delineation of the characters of the nu
merous actors in the political scenes, during the period to which
they relate. Our object has been to give a plain and connected, but
faithful and impartial account of the principal political and civil
transactions ofthe United States, during a most interesting period
of their history. And with respect to any imperfections, which may
and no doubt will be found, in an undertaking somewhat novel,
we only ask, of those who have given it their patronage, as well
as of the American public in general, the exercise of their usual
candor and liberality.

NoTE.^-In transcribing the names of those who signed the de
claration of independence, that of George Read was, by mistake,
omitted'.

CONTENTS.

Page.
CHAPTER I.
6rigin of the English and French claim to North America — First attempt at
settlement by French Protestants — Destroyed by the Spaniards — Sir Hum
phrey Gilbert and Sir Walter Raleigh attempt a settlement-r-Grant to South
and North Virginia Companies — French grant to De Monts — First settlement
of Virginia, Plymouth, and the. other English Colonies — Extent of their grants
— North Virginia first called New England in 1614 — Grant of New England
to the Plymouth Company — New York settled by the Dutch — French discov
eries under de la Salle, - - 13
CHAPTER II.
Different forms of governments in the Colonies — Puritans settle Plymouth in
1620 — Form a government for themselves — Intercourse ofthe Dutch with the
people of Plymouth — Massachusetts second Colony in New England — Obtains
a Charter from the King — Government of the Colonies placed in the hands of
Commissioners — Their powers and conduct — Surrender of the great Plymouth
Charter to the Crown — Reasons for it — People first represented in the General
Court in Massachusetts in 1634 — Government established in the Colonies of
Connecticut, Rhode Island and New Haven — Confederacy of the New Eng
land Colonies — Proprietary governments of Maryland, the Carolinas, New Jer
sey and Pennsylvania — Disputes between the Proprietors and Settlers — Peo
ple of South Carolina renounce the Proprietary Government — Proprietors of
New Jersey surrender their government to the crown — Royal Governments —
Government of Virginia under the London Company and during the civil wars
in England — Application of Virginia for a Charter — Government of New Vork
under the Dutch and the Duke of York — People of New York first represented
in the Assembly in 1683 — Government of Leisler — Conduct of Governors
Slaughter and Fletcher, 31
CHAPTER III.
Colonists consider themselves entitled to the rights of Englishmen — Claim the
right of representation — Disputes with the crown on this subject — Opinions of
eminent lawyers on this question — Declaration of rights by the assembly of
New York in 1691 — Declarations of the colonies at various times on the right
of taxation — Various acts of Parliament restricting the trade and manufactures
ofthe colonies — The origin and causes of these acts — Their effects in the colo
nies and opinions concerning them — Mode of enforcing them — Board of trade
and plantations established — Objects and powers of this hoard — Rice included
among the enumerated commodities in a clandestine manner — Acts of parlia
ment concerning hats and hatters — Manufacture of iron and steel prohibited —
Slitting mills, plating forges and furnaces, in the colonies declared common nui
sances — Governors ordered to destroy them — Principles and opinions of Eng
lish writers concerning the trade and manufactures of the colonies, 85
CHAPTER IV.
Charters of Connecticut and Rhode Island obtained at a favorable moment — Meas
ures taken to resume the Charters — Difference between the crown and the
colonists on this subject — Declaration of Massachusetts concerning charter
Vol. I. 2

10 CONTENTS. Page.
rights in 1661 — Royal commissioners sent, to regulate the New England colo
nies — Their reception — Massachusetts refuse to submit to their authority and
send a petition to the king — Complaints against Massachusetts — Committee of
trade require an answer to these complaints — Answers not satisfactory — Mas
sachusetts refuse to submit to the wishes of the king — Writs of quo warranto
issue against the charter of that colony — Judgment against it — Writs issue.
against those of Connecticut and Rhode Island — Their letters considered a sur
render of them — Sir Edmund Andrus appointed governor general of New Eng
land — His despotic acts — Revolution in New England — Connecticut and
Rhode Island resume their charters — New Charter granted Massachusetts —
Great Britain jealous of the independence of the colonies — Bills brought into
parliament to resume the Charter government — Defeated — King sustains ap
peals from the colonial courts in civil suits— Explanatory Charter of Massa
chusetts — Law of descents in Connecticut declared void — Massachusetts re
fuse to provide a permanent salary for the Governor — Present an address to the
king on the subject — Heard before the board of trade — Conduct of that colony
condemned — Jealousy of its growing power increases, 107
CHAPTER V.
Convicts transported to the Plantations from England — The Colonies of Virginia
and Maryland pass Laws respecting them — These laws disapproved by the
Crown — This conduct of the Parent Country injurious to the Colonies, and
excites their indignation — Privilege ofthe writ of Habeas Corpus, supposed by
the board of trade not to extend to the Colonies — Act of Massachusetts concern
ing the writ of Habeas Corpus disallowed by the Crown — Colonists still retain
an affection for their parent country — Bounties allowed by Parliament for cer
tain articles produced in the colonies — Mode of colonial contributions— Extent
of the EngHsh and French claims in North America — Plan of union among the
colonies adopted in 1754 — Disapproved by the crown and the colonial legisla
tures — Ministerial plan for defending the colonies— Reasons of Dr. Franklin
against it— -War of 1756, in consequence of disputed claims in America— Que-
hec taken-— Family compact between France and Spain---Havana taken—
Peace of 1763— French power in America destroyed — Colonial schools for
general education— First established in Massachusetts by law, in 1647— Ob
jects of their establishment— The clergy of New England assist in establishing
these schools— Colleges founded in the colonies— Character of the people of
America different from that of those of Europe— Some of the causes of this
difference, 132
CHAPTER VI.
Peace of 1763— An important event to the colonies— Excites great joy in Amer
ica Navigation acts enforced by writs of assistance — Opposed in Massachu
setts Stamp duties proposed in parliament — Opposed in the colonies as a vio
lation of their rights— Petitions and resolutions against them— Petitions reject
ed btamp Act passed— Excites great alarm in the colonies— Resolutions of
r,i« VJf™l h0"se,of burgesses against it— Meeting of a congress of the colo-
tathl,ta!r"f l^"?11 of rights and petitions of this congress in opposition
!ddnal, nLnl S°1!lt«0nS 0f colonial ^emblies and associations of indi-
to-i™™'! " Boston-Act not suffered to be executed-New Min-
ato™ rfSe ShtPof o^l ^d h1 T P.a^nt-Resolutions °f Conway declar-
TZ-^seibylC^Z^^ b'Sd ^ Glomes in all cases-Debate upon
mem massed by a large majority— Examination of Dr. Franklin and others in
the house of commons — StamD Act ™»,i0j c„„ X. 2 , 7 „7 otners in
lord Grenville on the question ofthe repeal, P °f l0rd Chatham "* m
CHAPTER VII.
Repeal of stamp act, a joyful event in Amerira lu;„;^„,
towards the co.onists^ompensation ^Z^^ZeT^Tsit^t

CONTENTS. J I
Page.
Consequence of the stamp act, required— Massachusetts delays granting the
compensation— New York refuses to furnish all the articles required by the mu
tiny act— This offends the ministry— New administration— Duties imposed on
glass and other articles in the colonies— Board of custom house officers estab
lished in America— Legislature of New York prohibited from passing laws, un
til a compliance with the mutiny a.ct— Massachusetts among the first to oppose
the new duties— Circular letter of the house of representatives of that province
—-Disapproved by the ministry-— The house directed to rescind its vote— -Oth
er colonies required to disregard the circular of Massachusetts— The house re
fuses to rescind—Other colonies unite with Massachusetts— Spirited conduct
of New York and Maryland — Disturbances at Boston— Troops sent there-
Convention of tlie people in Massachusetts— Troops quartered in Boston-
conduct of Massachusetts censured by parliament— King authorized to bring
offenders in the colonies to Great Britain for trial— Proceedings of Virginia-
Disputes in Massachusetts in relation to the troops— The new duties repealed,
except the duty on tea — This not satisfactory to tlie colonists— Royal provision
for governor's salary in Massachusetts— Declared a dangerous innovation-
Destruction of the Gaspee in Rhode Island— Disputes between governor
Hutchinson and the assembly of Massachusetts concerning the supremacy of
parliament— -Committees of correspondence between the colonies appointed-
Private letters of governor Hutchinson published— -Occasion a petition for his
removal— East India company send tea to America— Destroyed at Boston-
Boston port bill— Alteration of Massachusetts charter— These acts resisted in
the colonies, - 213
CHAPTER VIII.
Congress of the colonies in September, 1774 — The eonduct of Massachusetts
approved— A committee appointed to state the rights of the colonies— -Their
violations and the means of Tedress— Suffolk resolutions approved— Declaration
ofthe rights ofthe colonies— Nonimportation, non-consumption, and non-ex
portation agreement— Address to the king— To the people of Great Britain-—
To the inhabitants of the colonies, and to the inhabitants of the province of
Quebec-— Galloway proposes a plan of reconciliation— -This postponed-— Con
gress is dissolved in October— Proceedings of congress approved by the colo
nies— -Lord Chatham's motion for the recall of tlie troops from Boston— His
speech on this motion— His conciliatory bill— Rejected by a large majority-
Parliament determines to enforce obedience— Augments the army and navy-
Restrains the trade and fisheries of the colonies-— Indirect negotiation with Dr.
Franklin, as to terms of reconciliation— Lord North's conciliatory proposition
---Its object— -Disarming some ofthe colonies contemplated— Preparations for
defense in the colonies— Hostilities commence in Massachusetts— Excite great
alarm— -Massachusetts convention raise troops and prepare an address to the
people of Great Britain, - - 282
CHAPTER IX.
Congress again meet in May, 1775— Place the colonies in a state of defense-
Raise an army and appoint George Washington commander in chief— Publish
a manifesto declaring the causes of their taking up arms — Prepare a second pe
tition to the king and an address to the people of Great Britain — Congress not
unanimous in again petitioning the king — Proceedings on lord North's concilia
tory proposition — The terms of the proposition rejected — Terms of reconcilia
tion proposed by the convention of New York — Substance of terms sketched
by Dr. Franklin — Massachusetts convention ask the advice of congress about
the establishment of civil government in that colony — Fort at Ticonderoga
taken — Congress send an army into the province of Canada — Paper money
issued — Views ofthe convention of New York, on the subject of a paper me
dium — Colonists in general in favor of reconciliation — Their various declara
tions on the subject— Second.petition to the king rejected — The colonies de-

12 CONTENTS. Page.
clared by parliament in a state of rebellion — All trade with the colonies prohib
ited, and the colonists declared open enemies — Their vessels and persons made
liable to seizure — Royal commissioners appointed — Their powers — Reprisals
ordered by congress— American ports opened to all the world except Great
Britain— Congress recommend to the colonies to form governments for them
selves—Independence seriously contemplated— Delegates of Pennsylvania
instructed against it— Recommended by North Carolina— Delegates of Virgin
ia specially instructed to propose it in congress— Proposed by Richard Henry
Lee — Subject postponed — Measures taken to procure the assent of all the col
onies — Declaration of independence unanimously agreed to and signed by dele
gates from all the colonies— Produces a new pohtical state in America— Alle
giance now transferred to the states— Persons adhering to the king, or to the
enemies of the states, or giving them aid, considered as guilty of treason-
Royal commissioners request a conference with some of the members of con
gress—Committee appointed— The result of the conference— Terms rejected
—Commissioners issue addresses and proclamations to the people of America
— Counter address ofthe convention of New York— Campaign of 1776 unfor
tunate for America— General Washington invested with unlimited military
powers— Capture of the Hessians at Trenton and the battle of Princeton re
vive the drooping spirits of the Americans, - 328
CHAPTER X.
Committee of Secret correspondence appointed by congress — Direct a letter to be
sent to a gentleman in Holland — Send Silas Deane to France, in March 1776,
as a commercial and political agent — His instructions — Arrives in Paris in July
1776 — Has an interview with the French minister, count de Vergennes — Is
well received and promised protection in his commercial arrangements —
French ports open to the Americans — Mr. Deane was to appear in the char
acter of a merchant only — Congress prepare a commercial treaty to be pro
posed to France — Dr. Franklin, Mr. Deane, and Arthur Lee, appointed com
missioners to the French Court — Their instructions — Meet at Paris in Dec.
1776— France not prepared openly to join the Americans — A paper signed by
the King himself, is read to the Commissioners in January 1777 — He declines
entering into a treaty, but promises them protection, and gives two millions of
livres — This to be kept a secret — Congress offer to France and Spain more fa
vorable terms — These terms insufficient — Capture of Burgoyne creates con
sternation in England — Lord North declares his intention to offer the Ameri
cans terms of reconciliation — France accepts the offers of the American Com
missioners, and enters into treaties — Reasons for this given by the French
Monarch in a letter to the king of Spain — Policy of France in relation to
America explained — She affords secret aid to the Americans — For this pur
pose, secretly puts money and orms into the hands of an agent, by the name of
Beaumarchais — The Agent sends arms to America, under the name of Hor-
tales & Co. — American Commissioners send despatches by Capt. Folger —
They are secretly taken out by some one, and blank papers substituted —
Folger suspected and is imprisoned, but afterwards released — Beaumarchais
sends an Agent to America, to demand payment for the articles furnished by
him — Divisions in Congress on the subject — Congress agree to pay Beaumar
chais — Deane recalled — Thomas Paine publishes some of the secret des
patches — Displeases the French Minister — He applies to Congress to dis
avow the publication — Arthur Lee's letters relating to the claim of Beaumar
chais — The officers of the Treasury charge him with one million of livres paid
to him by France, for the use of the Americans — He disputes this, and applies
to Congress for relief, - - - 384
Appendix — Notes and Documents, 423

HISTORY, &c.

CHAPTER I.
Origin of the English and French Claims to North America— First attempt at settle
ment by French Protestants — Destroyed by the Spaniards— Sir Humphry Gilbert
and Sir Walter Raleigh attempt a settlement — Grant to South and North Virginia
Companies — French grant to De Monts — First settlement of Virginia, Plymouth,
and the. other English Colonies — Extent of their grants— North Virginia first called
New England in 1614 — Grant of New England to the Plymouth Company — New
York settled by the Dutch — French discoveries under de la Salle.
The claim of Great Britain to North America, was founded on
the discoveries made by John Cabot and his sons, under a com
mission from King Henry VII. Cabot was a native of Venice,
and with his sons, had settled in England, then a place of resort
for foreign merchants.
The extensive commercial intercourse between the ports of It
aly and the East Indies, by the way of the Red Sea and the Per
sian gulf, had/ at an early period, been the means of extending
geographical knowledge, as well as nautical skill, among the Ital
ians, much beyond that possessed by their more western neigh
bors. It led them also, to form more correct ideas of the true
figure of the earth, than was then entertained by the rest of Eu
rope. This will account for the singular fact, that the first dis
coverer ofthe new world, as well as those, who immediately after,
explored different parts of it, were natives of Italy. Columbus,
Americus Vesputius, Cabot and Verazzano, were all natives of
the commercial cities of that country. Cabot was of opinion that
a new way to India might be found, by sailing northwest. To
effect this, as well as to make further discoveries in the new
world, he and his three sons, Sebastian, Lewis, and Sanctius, ob-
Vot. L 3

14 POLITICAL AND CIVIL HISTORY
tained a commission from Henry, dated March 5th, 1496. By
this commission, which is the oldest American state paper of Eng
land, they had authority and leave to sail to all parts, countries,
and seas of the east, of the west, and of the north, and upon
their own proper cost and charges, to seek out and discover
countries of the heathen and infidels, unknown to all christians ;
there to set up the king's banner ; to occupy and possess, as his
vassals and lieutenants, the countries they should find, on condi
tion of paying him one fifth of all the gains obtained by them.*
Under this commission, John Cabot and his son Sebastian, sail
ed from England in May, 1497; and in June came in sight of
land, supposed to be a part of what was afterwards called New
foundland. From hence they sailed along the coast north and
south, but to what extent seems to be uncertain. Some writers
have supposed that they went north as far as latitude 67° and
south to the cape of Florida.! They returned without attempt
ing a settlement, but took possession of the country in behalf of
the crown of England.
The English neglected to take advantage of these discoveries,
for nearly a century. In the mean time, the Court of France sent
several vessels at different times, to make discoveries in the same
quarter. Under the direction of Francis I. an enterprising and
ambitious prince, John Verazzano, a Florentine, sailed along the
American coast, from latitude 50° to 28°, and examined Flori
da, with some degree of accuracy.^
A few years afterwards, the celebrated Jaques Cartier, made
several voyages along the northern coast, sailed up the river St.
Lawrence as far as Montreal, and took possession of the country
in the name of the king of France. The discoveries made by
these men in the service of France, laid the foundation of the
French claim in North America. The first attempt at a set
tlement in that part of America, now the United States, was
made by a number of French protestants. During the civil wars,
* Chalmers' Annals, p. 7. Entick's History of British Empire in America, p. 4.
t See vol. 1, Holmes' Annals, p. 18. \ Chalmers' Annals, p. 612:

OF THE UNITED STATES. 15
tn France, between the Catholics and Huguenots, the famous
admiral Coligny, projected a plan for settling a colony of his pro
testant countrymen in America. Ih 1562, with the permission of
Charles IX. he sent two ships, with a number of colonists, under
the command of John Ribault, to that part of America, then
called Florida. Ribault having returned to France, the settlers
were reduced to great distress for want of provisions, and they
put to sea in a vessel, they had built with great difficulty, and
were taken up by an English ship so entirely destitute, that they ,
had devoured one of their crew, who had voluntarily offered him
self a victim, to save the rest.
A new colony was sent out in 1564, with a view to relieve the
first, under Laudoniere.
This settlement was made as is supposed, on a river since call
ed Albemarle, and at a place claimed by the Spaniards. The
Spanish Court, enraged at this intrusion on their lands, by here
tics, gave orders to Pedro Menandez, commander of a Spanish
fleet, to drive the Huguenots out of Florida. On his arrival, he,
in a most inhuman manner, massacred most of the French set
tlers. To secure the country for Spain, he built three forts, and
left them garrisoned by Spanish soldiers. The French Court paid
no regard to this atrocious act of the Spanish government. A
distinguished individual, however, by the name of Gourges, a na
tive of Gascony, and a soldier of fortune, fitted out an expedition
at his own expense, and without any orders from his government,
sailed for Florida. By a bold assault, he took the forts, and re
venged the murder of his countrymen, by hanging most of the
Spanish garrison. He afterwards demolished the forts and return
ed to France. This act was disavowed by the French Court ;
and neither the French or Spaniards ever after attempted a settle
ment at that place.
The first attempt made by the English to settle any part of
America, was about the year 1583. In 1578, Queen Elizabeth
granted letters patent to Sir Humphry Gilbert " for planting and
inhabiting of her people in America." Under this patent, in 1 583,
Sir Humphry sailed for America, with two ships and three barks,
with about two hundred and sixty men.

16 POLITICAL AND CIVIL HISTORY
He entered the bay of St. John's in Newfoundland, and took
possession of the country two hundred leagues round, in the name
of the crown of England. Hfe afterwards sailed further south ;
but being in want of provisions, he and his company were com
pelled to return. On his way back, the vessel in which Sir Hum
phry sailed, foundered in a storm, and all on board perished.
The second attempt was made by the celebrated Sir Walter
Raleigh, in consequence of a patent granted him by the Queen,
in March, 1584, "for the discovering and planting of new lands
and countries." By this patent Queen Elizabeth granted to him
and his heirs and assigns, such lands as he should discover, not
actually possessed by any christian prince, or inhabited by a chris
tian people ; with authority to establish government and laws
over those, who should inhabit those lands and countries, within
the distance of two hundred leagues.
Under this grant, the southern coast was explored and called
by the name of Virginia, and several attempts made to effect a
settlement, but unfortunately, without success. No one can read
the account of these early and unfortunate attempts to settle our
country, without deeply lamenting the fate of those brave ad
venturers who were engaged in them.
The first colony left there in 1585, after suffering incredible hard
ships, were carried back to England, by Sir Francis Drake, who,
fortunately, was directed to stop at this settlement on his return
from his voyage to the Pacific. The second company, consisting
of about fifty could never afterwards be found. They, no doubt,
perished by famine or by the hands of savages. Not yet discour
aged, a third colony, consisting of more than one hundred, were
left to continue a settlement. By some unpardonable neglect, or
untoward circumstances, three years elapsed, before any relief
reached the spot, where they were left. Those who were sent
with the promised relief, arrived too late. Not one of the whole
number was to be found, nor were they ever afterwards heard of.*
These disastrous and distressing events, for a time, discouraged
farther attempts, on the part of the British, to commence settle-
* Slith's History of Virginia, p. 24.

OF THE UNITED STATES'. 17
inents in the new world. The discoveries, however, made after
wards, by Bartholomew Gosnold, who in 1 602 sailed along the
coast of North Virginia, as it was then called ; the favorable ac
counts given by him ofthe country, and the profitable traffic which
he carried on with the natives, again excited a spirit of adventure
and colonization among the' merchants and others, in London,
and in different parts of England.
In 1606, on the application ofa number of gentlemen, King
James divided that part of North America, lying between the .^4th
and 45th degree of latitude, into two nearly equal parts. The
south part, called the first colony, he granted to Sir Thomas Gates,
Sir George Somers, Richard Hackluyt, Edward Maria Wingfield,
and their associates, called the London Company, and authorized
them to make a settlement, at any place between the 34th and
41st degree of latitude, vesting them with the right of property
in the land, extending fifty miles each way, from their place of
habitation, reaching one hundred miles into the country. By the
same patent, he granted, to Thomas Hanham, Raleigh Gilbert,
William Parker, George Popham, and others, principally in
habitants of Plymouth, Bristol, and the eastern parts of England,
the country, between the 38th and 45th degree of latitude, called
the northern colony, vesting them, also, with the right of property
in lands, to the same extent, as in the southern colony : neither
company, however, were to form settlements within one hundred
miles of the other. Under the grant to the southern company,
the first permanent English settlements commenced, in North
America. The king of England was, no doubt, induced to make
these extensive grants, in consequence of a grant, made three
years before, of the greatest part of the same country, by the
French monarch. In November, 1603, Henry IV. of France,
granted to Sieur de Monts, American territory, under the name of
Acadia, extending from the 40th to the 46th degree of latitude,
constituting him lieutenant general of the same, with power to col
onize and govern it, and to subdue and christianize the natives.
De Monts, the next year, began a settlement, in the northern part,
since known by the name of Nova Scotia, at a place, called Port
Royal.

18 POLITICAL AND CIVIL HISTORY
From 1606 to 1682, under various grants from the British crown.
made at different times, from different causes, and of very unequal
extent, eleven additional colonies were settled along the Atlantic
coast; and to these, the colony of Georgia was added in 1732.
The public have been furnished with valuable histories of most
of these colonies. Many of these histories, however, are not
brought down to a late period, and some of them are imper
fect. A summary view of the political and civil state of these colo
nies, from their first settlement to the peace between Great Brit
ain and France, in 1763, is here only contemplated. This will
embrace a general account of their first settlement, the extent of
the several grants, under which these settlements were made, the
governments established in the various colonies, with the general
character of the colonists ; their plans of union among them
selves, either general or partial ; their political relation and con
nection with the parent country, together with a brief review of
their various disputes with the king and parliament, during this
period, with the causes of them, and particularly those in which
all the colonies were more or less concerned.
The peace of 1763, was an important epoch in our colonial
annals. The French power in North America was then anni
hilated, and the parent country at that time, not only commenced
a system of imposing internal taxes upon the colonists, without
their eonsent, but declared her right to bind them, in all cases
whatever. This led to a more intimate union among the colonies,
in defence of their rights ; their affairs assumed a national as
pect, and from this period the history of the United States may
be said to commence. A more particular account of the political
and civil transactions of the country, from that period through
the revolution which followed, with the causes which led to that
memorable event, down to the close of the administration of Pre
sident Washington, is the principal object of these sketches,
But to resume our colonial summary.
In 1609, a new charter was granted to the southern colony,
with extended powers, as well as more definite limits, and with

OF THE UNITED STATES. 19
the addition of many adventurers. The grantees were now incor
porated by the name of " The Treasurer and company of adven
turers and planters of the city of London, for the first colony of Vir
ginia." To this company was granted that part of North Amer
ica called Virginia, " from the point of land, called cape or point
Comfort, all along the sea coast to the northward, two hundred
miles, and from the said point of cape Comfort, all along the sea
coast to the southward, two hundred miles, and all that space or
circuit of land, lying from the sea coast ofthe precinct aforesaid,
up into the land throughout, from sea to sea, west and north
west." The lands were to be holden, as of the manor of East
Greenwich, in free and common socage, and not in capite, ren
dering to the crown one fifth of all ore of gold and silver, found
there for all manner of services.*
This grant was the foundation of the extensive claim, after
wards made by Virginia, to the wrestern lands. Under the grant
to the north Virginia colony, George Popham and others, to the
number of about one hundred, in 1607, attempted a settlement
on an island at the mouth of Kenebeck river since called Parker's
island. They here remained during the winter ; but on account
ofthe death of Mr. Popham, the leader of these adventurers,
and the severity ofthe winter, this settlement was -abandoned
the next spring, and no further attempts made to settle this
part of the country until 1620.1 In the mean time, the French
commenced settlements on the St. Lawrence, and in 1608, laid
the foundation of Quebec and the province of New France or
Canada. The coast, however, continued to be explored, and a
traffic carried on witk the natives, and particularly by the cele
brated Capt. Smith. This chivalrous traveller, as he was justly
called, whose various adventures both in Asia and America, as
related by his able biographer, Mr. Belknap, bear the marks of
romance, rather than reality, in 1614, sailed along the northern
coast, made a map of the country, which he presented to prince
Charles, who gave English names to most of the places on the
* Stith's Appendix. 1 1 Vol. Massachusetts' Historical Collection, p. 251.

20 POLITICAL AND CIVIL HISTORY
coast, and from that period, this part of America was called
New England.!
By the discoveries of Capt. Smith, as well as those made
by the Dutch, a little farther south, about the same time, this
part of America became better known in England ; and in No
vember 1620, a new patent was granted, comprehending all
that part of America, "lying in breadth from 40° to 48° north
latitude, and in length by all the breadth aforesaid, through
out the main land from sea to sea." This was called by the
name of " New England in America." The grantees were in
corporated, by the name of "the council established at Plym
outh, in the county of Devon, for the planting, ruling, ordering
and governing of New England in America."
This grant was made to the duke of Lenox, the lords of
Arundel and Warwick, the marquisses of Buckingham and Ham
ilton, Sir Ferdinando Gorges, and thirty-four associates and their
successors. The same powers and privileges were conferred on
this company as had been given to the Virginia company, and
they were empowered to exclude all persons from trading with
in their limits, and from fishing in the neighboring seas. Un
der grants from this company, most of the New England colo
nies, were' settled. These colonies consisted originally of New
Plymouth, Massachusetts, New Hampshire, Rhode Island, Con
necticut, and New Haven.
The settlement of Plymouth commenced in 1620, Massachu
setts in 1628, New Hampshire soon after Massachusetts, Rhode
Island in 1634-5, Connecticut in 1635, and New Haven, in 1637.
New York was first settled by the Dutch, as early as 1614.
The claim of the Hollanders to this part of the country, was
founded on the discoveries of Henry Hudson, an Englishman,
in the service of the Dutch East India company, in 1609.
Hudson was one of the boldest navigators of his time. In
the years 1607 and 1608, he, in two successive voyages, attempt
ed a passage to India round the north Cape, but without suc
cess. In the year 1609, he engaged in the service of the Dutch
t Smith's General History of New England in 1626, p. 204.

OF THE UNITED STATES. 21
East India company, in a third voyage, with the same view. He
sailed from the Texel on the 4th of April, of that year, but again
meeting with insurmountable obstructions, from ice and fogs,
he passed over to the American coast. He here attempted to
find a passage through Davis' Straits, but in vain. He then sail
ed along the coast as far south as the bay of Chesapeak ; and on
his return, visited. the bay of Delaware, and on the 3d of Septem
ber, entered the waters of New York, near Sandy Hook, and soon
after sailed up the river, afterwards, very properly called by his
name, as far as Albany.
On his return to Euro"pe, his crew, being partly Englishmen,
compelled him to put into Dartmouth in England. He sent his
journal and an account of his discoveries to the directors of the
East India company ; but, it is said, that King James would not
suffer Hudson himself to go to Holland.* The next year he was
again employed, by the merchants of London, on a fourth voyage,
to discover a nevv route to India, and after suffering incredible
hardships, he was left, by his mutinous crew, to perish, in a uorth-r
ern bay, which still bears his name. The Dutch, then one ofthe
most commercial nations in Europe, immediately commenced a
trade with the natives of the country discovered by Hudson.!
This trade was, in 1614, confirmed to a company called the West
India company. This celebrated company, was incorporated by
the States General of the United Netherlands, in June, 1621.
The charter of incorporation contained forty five articles, and
granted and declared, that,for the term of twenty four years, " none
of the natives or inhabitants of the United Netherlands, should
be permitted to sail to, or from the lands, or to traffic in the coast
and countries of Africa, from the tropic of Cancer to the Cape of
Good Hope, nor in the countries of America, or the West Indies,
beginning at the south end of Terra Nova, by the straits of Ma
gellan, la Maire, or any other straits and passages situated there
about, to the straits of Anian, as well as in the north sea, the
south sea, nor any Islands situated on the one side or the other,
* Yates andMoulton's Histoiy of New York, vol. 1. part 1.
f See Moulton's Hrstoj-v, part II.
Vol. I. 4

23 POLITICAL AND CIVIL HISTORY
or between both ; nor in the western or southern countries, reach
ing, lying, and between both the meridians from the Cape of Good
Hope, in the east, to the end of New Guinea, in the west, inclu
sive, but in the name of this united company of these United Neth
erlands." Extensive and ample powers were granted to this com
pany. They were authorized to enter into " contracts and alli
ances with the princes and natives of the land," and for the pur
pose of protecting their trade and possessions, were empowered,
not only to erect and garrison forts and fortifications but to ne
gotiate in war or peace, but in case of war, the approbation of
the States General was required. They were empowered to dis
tribute justice, preserve order, maintain police, and administer
the general, civil, and military government of their transmarine af
fairs ; to appoint a governor in chief or director general, com
manders, and all officers civil and military, judicial and executive,
who were to take an oath of allegiance, to the States and to the
company. The government of the company was placed in the
hands of five chambers or departments of directors ; the directors
being distributed unequally among the distant provinces and cities.
The extensive limits assigned to this trading and colonizing
company, were no doubt, occasioned by the extensive discoveries
which, at an early period, had been made by the enterprising Hol
landers. The straits of Magellan, la Maire, as well as the land
called Terra Nova, were first discovered by the bold Dutch navi
gators ; and wc cannot forbear the remark, that justice was nev
er done, by the other European nations, to these extraordinary
exertions of their rival neighbors.*
This charter at the end of the twenty four years was renewed.
Under this company, new discoveries were made, and the claims
pf the Dutch extended to the river Connecticut on the east, and
the river Delaware on the south ; and indeed, included all the
country west of the river Delaware, which now constitutes the
State of that name. This claim brought them in collision with
the English settlements to the south as well as to the east.
The claim of the Dutch to any part of this country, had never
* See Hazard's State papers, vol. 1, p. 121, and Moulton, part II.

OF THE UNITED STATES. 23
been acknowledged by the English. The whole Atlantic coast
was claimed by the latter, on the old principle of prior discovery.
In March, 1664, therefore, King Chiles II, granted this whole
country to his brother, the Duke of York, by the following vague
description : " all that part of the main land, of New England,
beginning at a certain place, called or known by the name of St.
Croix, next adjoining New Scotland, in America, and from thence
extending along the sea coast, unto a certain place, called Pema-
qua or Pemaquid, and so up the river thereof, to the farthest
head ofthe same, as it boundeth northward, and extending from
thence, to the river Kenebequin, and so upwards by the shortest
course to the river Canada, northward ; and also all that island,
or islands, commonly called by the several name or names of Ma-
towacks, or Long Island, situate and being towards the west of
Cape Cod, and the Narrow-hi-gansetts, abutting upon the main
land, between the two rivers, then called or known by the several
names of Connecticut and Hudson 's.river, together, also, with the
said river called Hudson's river ; and all the land from the west
side of Connecticut river, to the east side of Delaware bay, all
those several islands, called or known by the names of Martin's
Vineyard, or Nantucket, &c." In the same year, an armed force
was sent, under the command of Col. Richard Nichols, to de
mand a surrender of the country to the British Crown ; and in
September, 1664, it was surrendered on terms very liberal, to the
inhabitants ; and the name of NeW York was given to the country.*
The vague and indefinite limits of this grant afterwards occa
sioned great disputes, with Connecticut, Massachusetts, New
Hampshire, and Vermont.
New Jersey, being originally claimed by the Dutch, was settled
by them, not long after they had fixed themselves on the Hudson
or North river. As early as 1 623, a fort was built on the east bank
of the South river, as the Delaware was then called.
The mouth of this river was visited by Hudson, in 1609, as
before stated, and was afterwards explored by Capt. May, a
distinguished Dutch navigator, after whom the southern cape of
* Moulton's History of New York, Part II.

24 POLITICAL AND CIVIL HISTORY
New Jersey, was named. This fort, called Nassau, was at a place
afterwards called Gloucester point. In June, 1664, the Duke oi
York granted New Jersey to John Lord Berkley, and Sir George
Carteret, by the following description : " all that tract of land, ad
jacent to New England, and lying and being to the westward of
Long Island, and bounded on the east, part by the main sea, and
partly by Hudson's river, and hath, upon the west, Delaware bay
or river, and extendeth southward to the main ocean, as far as
Cape May, at the mouth of Delaware bay ; and to the northward
as far as the northernmost branch of the said bay or river of Del
aware, which is forty one degrees and forty minutes of latitude ;
which said tract of land is hereafter to be called, by the name or
names of Nova Caesarea or New Jersey." This country was af
terwards divided into east and west Jersey by the proprietors.*
The State of Delaware was originally settled by the Dutch and
Swedes. As early as 1629, the Dutch purchased a tract of land,
near Cape Hinloop, or Henlopen, and in 1630, an association was
entered into, for the purpose of planting a colony, on the south
river. This enterprize was entrusted to an experienced naviga
tor, De Vries, and one of its principal objects was planting to
bacco, and raising grain. In pursuance of this association, a set
tlement was made the next spring, on the west side of the Dela
ware, at a place then called Hoar Kills, since Lewis Town.t
The Swedes, also, made considerable settlements on the wes*
bank of the Delaware, within the present limits of the State of
Delaware ; but whether the Swedish settlement commenced be
fore or after the one last mentioned, by the Dutch, has been a
matter of some dispute. It has been generally stated by histori
ans, that the Swedes first settled, on the river, in 1631 ; but a gen
tleman,! who has lately commenced the history of New York, and
whose researches have thrown much light on the early history of
that State, is of opinion that the Swedes did not arrive there un
til 1638. The Swedes, however, were afterwards conquered by
the Dutch, and the country remained in their possession, until tha
* Trumbull's History of the United States.
t Moulton, Part II, | Moulton.

OF THE UNITED STATES. 25
surrender of New York, in 1664, immediately after which, Sir
Robert Carr, took possession of it, for the Duke of York. Settle
ments in Maryland commenced as early as 1633. The preceding
year, the lands on both sides of the Chesapeak bay, were granted
by Charles I, to Cecilius Calvert, Lord Baltimore, thus bounded
and described : " all that part of a peninsula, lying between the
ocean on the east, and the bay of Chesapeak on the west, and di
vided from the other part, by a right line, drawn from the cape,
called Watkins'' point ; situated • in the aforesaid bay, near the
river Wighco, on the west, unto the main ocean on the east, and
between that bound, on the south, unto that part of Delaware
bay, on the north, which lies under the fortieth degree of north
latitude, where New England terminates ; and all that tract of
land, from the aforesaid bay of Delaware, in a right line, by the
degree aforesaid, to the true meridian of the first fountain of the
river Potomac, and from thence tending towards the south, to
the further bank of the aforesaid river, and following the west and
south side of it, to a certain place, called Cinquack, situated
near the mouth of said river, where it falls into the bay of Chesa
peak, and from thence, by a straight line, to the aforesaid cape,
called Watkins' point," &c*
The Virginians complained of this grant, as interfering with
the one previously made to them, but the king refused to give
them relief. Soon after the restoration, the attention of King
Charles II, was called to the situation of the country south of
Virginia, which had hitherto remained unsettled.
In 1662, he granted to his favorite, Edward Earl of Clarendon,
George Duke of Albermarle, William Lord Craven, John Lord
Berkley, Antony Lord Ashley, Sir George Carteret, Sir William
Berkley and Sir John Colleton, all the lands in North America, ly
ing between the thirty first and thirty sixth degrees of north lati
tude, and in two years after, by a second charter, extended the
boundaries of the grant from the twenty ninth to the thirty sixth
degree and thirty minutes ; and from these points, on the sea
coast westward to the Pacific ocean. This last charter embraced
* Hazard, vol. 1, p. 328, and Proud, vol. 1, p. 116.

26 POLITICAL AND CIVIL HISTORY
what is now North Carolina, South Carolina and Georgia. The
Spaniards claimed the greatest part of this country, under the
name of Florida ; but the extent of the Spanish claim north, had
not, at that time been accurately defined. By a treaty, however,
between Great Britain and Spain, in 1667, the claim of the lat
ter, to this country, was supposed to be relinquished. Spain stip
ulated, in this treaty, " that the King of Great Britain should al
ways possess, in full right of sovereignty and property, all the
countries, islands and colonies, lying and situate in the West In
dies, or any part of America, which he and his subjects then held
and possessed ; insomuch, that they neither can, nor ought there
after, to be contested, on any account whatever.1'*
A tract of country, lying west of the Delaware river, was still
supposed to be ungranted. In March, 1681, this tract was grant
ed to William Penn, son of the celebrated admiral Penn, as a
reward for the services of his father ; being " all that tract or
part of land in America, with the islands therein contained, as
the same is bounded, on the east by Delaware river, from twelve
miles distance northward of New Castle town, unto the three and
fortieth degree of north latitude, if the said river, doth extend so far
northward ; but if the said river shall not extend, so far northward,
then by the said river ; the eastern bounds are to be determined
Iby a meridian line, to be drawn from the head of the said river,
unto the said forty third degree. The said land to extend west
ward five degrees in longitude, to be computed from the said east
ern bounds ; and the said lands to be bounded, on the north, by
the beginning of the three and fortieth degree of northern lati»
tude, and on the south, by a circle, drawn at twelve miles dis
tance from New Castle, northward and eastward, unto the be
ginning of the fortieth degree of northern latitude ; and then by
a straight line westward to the limits of longitude above mention
ed." This was afterwards called Pennsylvania.!
In August, 1682, the Duke of York, made two conveyances to
William Penn, of his lands taken from the Dutch, lying on the
west of Delaware 'river. The first, comprehended New Castle,
* Trumbull's Histofjrof the United States, p. 135. f Proud, vol. 1, p. 172^

OF THE UNITED STATES. 27
and the territory twelve miles around it ; and the other, all the
lands twelve miles south of New Castle, to Cape Henlopen, being
afterwards known by the name of the three counties of New Cas
tle, Kent, and Sussex, on the Delaware, and which now consti
tute the State of Delaware.
About the time of the grant of Pennsylvania, the French were
expending their settlements in Canada, as well as their discoveries
in the interior of the country, from Quebec to the Gulf of Mexico^
including the extensive and fertile lands on both sides of the river
Mississippi. The French first commenced a settlement on Mo
bile river or bay, in 1699, under Iberville, who was appointed
Governor General of the country. Other more important objects
at that time occupied the attention of the French Court ; and this
settlement was neglected, and on the death of Iberville, in 1701,
was deserted.* In 1712, Louis XIV, granted the commerce of all
the country then called Louisiana, to the Sieur Anthony Crozet,
including, according to the words of the grant, " all the lands
possessed by us, and bounded by New Mexico, and by the lands of
the English of Carolina, all the establishments, ports, havens,
rivers, and principally the port and haven of the Isle Dauphin,
heretofore called Massacre, the river of St. Louis, heretofore call
ed Mississippi, from the edge of the sea, as far as Illinois, togeth
er with the river of St. Phillip, heretofore called the Missouri, and
of St. Jerome, heretofore called Oubache, with all the countries,
territories, lakes within land, and the rivers which fall directly or
indirectly, into that part of the river of St. Louis." The pream
ble to this grant shews the ground of this extensive claim of the
French. It declares, that " we did in the year 1683, give our orders
to undertake a discovery of the countries and lands, situated in
the northern part of America, between New France and New
Mexico. And the Sieur de la Salle, to whom we committed
that enterprise, having had success enough, to confirm a belief,
that a communication might be settled from New France to the
gulf of Mexico, by means of rivers ; this obliged us, immediately
after the peace of Ryswick, ta give orders for the establishing a
* Du Pratz's History of Louisiana.-

28 POLITICAL AND CIVIL HISTORY
colony there, and maintaining a garrison, which has kept ana
preserved the possession we had taken in the year 1683, of the
lands and islands, which are situated in the gulf of Mexico, be
tween Carolina, on the east, and Old and New Mexico, on the
west." The right of France to this vast extent of country, was dispu
ted, both by Spain and Great Britain. Ferdinando de Soto, was
probably the first European who visited the Mississippi, in the interi
or of the country. In his celebrated expedition, through what was
called Florida, he, in 1541, crossed the Mississippi, at latitude thir
ty four, between five and six hundred miles from its mouth. The
English claimed to have discovered this great river long before the
expedition of la Salle or Father Hennepin.
As early as 1654, Col. Wood, who dwelt at the falls of James
river in Virginia, sent several persons, who passed the Allegany
mountains, entered the country of the Ohio, and in ten years
space, discovered several branches not only of the Ohio, but of the
Mississippi itself.* And there is strong ground to believe, that la
Salle himself first obtained his information relative to the interior
of the country from certain Indians, who had previously accom
panied some New England adventurers, who are supposed to have
visited the Mississippi as early as 1678. About the year 1699,
Daniel Coxe, published a pamphlet, descriptive of Carolana, with
an intent to show the importance of the country, and to prove
that the English claim to it ought to be maintained, against ther--'
claims and encroachments of the French. In this, he gives an
abstract of the first memorial presented to King William, being
" a demonstration of the just pretensions of his majesty the king
of England, unto the province of Carolana, alias Florida, &c."
In this memorial, it is stated, among other grounds of claim, " that
in the year 1678, a considerable number of persons went from
New England, upon discovery and proceeded as far as New Mex
ico, one hundred and fifty leagues, beyond the river Mischacebe ;
and at their return rendered an account to the government of Bos
ton, as will be attested among many others, by Col. Dudley, then
* Vol. 3 of the History ofthe British Empire, supposed by Entick.

OF THE UNITED STATES. 29
one of the magistrates, afterwards governor of New England, and
at present, deputy governor of the Isle of Wight, under the hon
orable the Lord Cutts." " The war soon after brealdng out between
the English and Indians, many of the Indians who were in that
expedition, retreated to Canada, from whom Monsieur de la Salle
received most of his information concerning that country, by him
more fully discovered : and they served him for guides and inter
preters ; as is attested by Monsieur le Tonty, who accompanied
Monsieur de la Salle, as also by Monsieur le Clerk, in a book pub
lished by order of the French King. For which reason, and di
vers other passages, favoring inadvertently the English pretensions,
his journal, printed at Paris, was called in, and that book of one
livre's price, is not now to be purchased for thirty livres."
We have never seen these facts stated in any other work than
that of Mr. Cox. In the edition of le Tonty, which we have seen,
none of them are noticed ; yet we can hardly believe the whole to
be a fabrication.
A spirit of adventure has always characterized the people of
Massachusetts. Between the years 1660 and 1670, a number of
them emigrated to Carohna, and settled at Cape Fear,* and it is
not improbable, that some of these, or others who followed them,
allured by accounts received from the natives, should have explor
ed the interior of the country, even beyond the Mississippi, and
either have returned themselves, or sent an account of their dis
coveries to their friends in Boston. Nor is any thing more pro
bable than that the French in Canada, should have received infor
mation of this from the Indians, who accompanied them in the
expedition. It is also well known, that at that period, the Massa
chusetts traders often visited the north part of Carolina, called
Albermarle, settled principally from Virginia, and where a sepa
rate government was estabhshed, and were well acquainted with
the country.!
In corroboration of the facts stated by Mr. Cox, we would ob
serve, that the British Court, in answer to the claim made by
* Chalmers, p. S06, and Hutchinson, vol. 1, p. 238, note t Chalmers, p. 535.
Vol. I. 5

30 POLITICAL AND CIVIL HISTORY, &c.
France, to this country, have always declared that their discove
ries of the Mississippi and the interior country on the east side of
that river, were prior to those made by France ; and particularly
mentioned the years 1654 and 1678, in which they were made.
Georgia was the last of the English colonies established in
North America. The charter of this colony was granted in 1 732,
and comprehended the country on the south part of the Carolinas,
between the rivers Savannah and Altamaha, and extending west
ward from the heads of these rivers, in direct hnes, to the south
sea. To secure an asylum for the poor and wretched, in London
and other places, in England and Ireland, as well as to prevent
the encroachments of the Spaniards and French, were the prin
cipal objects of this grant. It was made to twenty one persons as
trustees, who were incorporated for the purpose of settling and
establishing the colony.

CHAPTER IJ.
Different forms of governments in the Colonies — Puritans settle Plymouth in 1620—
Form a government for themselves — Intercourse of the Dutch with the people of
Plymouth — Massachusetts second Colony in New England — Obtains a Charter
from the King — Government of the Colonies placed in the hands of Commission
ers — Their powers and conduct — Surrender of the great Plymouth Charter to the
Crown — Reasons for it — People first represented in the General Court in Massa
chusetts in 1634 — Governments established in the Colonies of Connecticut, Rhode
Island and New Haven — Confederacy of the New England Colonies — Proprietary
governments of Maryland, the Carolinas, New Jersey and Pennsylvania — Disputes
between the Proprietors and Settlers — People of South Carolina renounce the Pro
prietary Government — Proprietors of New Jersey surrender their government to
the crown — Royal governments — Government of Virginia under the London Com
pany and during the civil wars in England — Application of Virginia for a Charter —
Government of New York under the Dutch and the Duke of York — People of
New- York first represented in the Assembly in 1683 — Government of Leisler —
Conduct of Governors Slaughter and Fletcher.
The sufferings, the hardships, the distresses, of the first Eng
lish settlers in the new world, and particularly those of Vir
ginia and New England were without a parallel ; and their
patience in enduring them, as well as their perseverance in the
pursuit of the objects they had in view, justly entitle them to
the gratitude of their descendants. The dangers and hardships
of the sea were nothing in comparison with those they were
doomed to encounter in a perfect wilderness, from toil, from cold,
from famine and from savages. Determined, however, to enjoy in
the new world those blessings and advantages of which they were
deprived in the old, no hardships discouraged, no dangers appall
ed them ; and here, by divine assistance, they laid the foundation
of those happy forms of government, and those valuable institu
tions, the benefits of which are now enjoyed by their posterity.
Briefly to trace the origin and progress of these will next claim
our attention. In the settlement of the different Colonies,
three forms of government were established. These were usual
ly denominated Charter, Proprietary and Royal governments.
This difference arose from the different circumstances under

32 POLITICAL AND CIVIL HISTORV
which the colonies were settled, as well as the different objects ot
the first emigrants. The Charter governments were confined to
New England. Religious disputes, it is well known, peopled this
part of North America. Early in the reign of the first of the
Stuarts, a number of people, (from their peculiar religious tenets,.
denominated Puritans,) to avoid prosecution under the laws rela
ting to uniformity in matters of religion, and to enjoy in peace
that mode of worship they deemed most consonant to the scrip
tures, removed, with their celebrated teacher Mr. Robinson,
to Holland. Here they remained until 1619, when they deter
mined again to remove, and form a settlement by themselves, in
some part of America, within the limits of the South Virginia
Company. For this purpose, a patent was obtained through the agency of
one of their friends, from that company, with a view to plant
themselves somewhere near Hudson's river.
The Dutch, however, unwilling that they should settle in their
neighborhood under the authority of the Virginia Company, bri
bed their pilot to land them at some place north of the Hudson.
They were, therefore, carried to the barren coast of Cape Cod,
where they arrived on the 9th of November, 1620. After search
ing many days for a place of settlement,, they at last fixed upon a
spot which they called Plymouth, and commenced the first set
tlement in New-England. They landed on this spot on the 23d
of December, to the number of one hundred and one, including
men, women and children, and commenced, at that inclement sea
son, the erection of buildings for their common use.
Never were any civilized people placed more completely in a
state of nature than this little band of pilgrims, as they have been
justly called. They had, indeed, literally, a world before them ;
but that world was a wilderness, and Providence was their only
guide. Being without the limits of the South Virginia patent,
they were destitute of any right to the soil on which they landed ;
nor had they any powers of government derived from authority.
Sensible of the necessity of some compact or form of civil gov
ernment among themselves, they voluntarily entered into and

OF THE UNITED STATE9. 33
subscribed the following written constitution. " In the name of
God, amen. We, whose names are under-written, the loyal sub
jects of our dread Sovereign, Lord King James, &c. having un
dertaken, for the glory of God and advancement of the christian
faith, and honor of our King and country, a voyage to plant the
first Colony in the northern parts of Virginia, do, by these pres
ents, solemnly and mutually, in the presence of God, and of one
another, covenant and combine ourselves together, into a civil
body politic, for our better ordering and preservation and further
ance of the ends aforesaid ; and by virtue hereof to enact, con
stitute, and frame such just and equal laws and ordinances, acts,
constitutions and officers, from time to time, as shall be thought
most meet and convenient for the general good of the Colony ;
unto which we promise all due submission and obedience."*
This brief but comprehensive constitution of civil government,
was signed by forty-one persons. It contained the elements of
those forms of government peculiar to the" new world. Under
this system John Carver was by general consent chosen their
first governor, " confiding," as the electors say, " in his pru
dence, that he would not adventure upon any matter of moment
without the consent of the rest, or at least, advice of such as
were known to be the wisest among them."
The climate was found much more severe than that to which
these adventurers had been accustomed ; and it is a melancholy
fact, that for want of comfortable habitations, wholesome pro
visions and other causes, their sufferings were such that one half
of this httle band perished in the course of the first winter. And
it cannot be imagined how the survivors could have had the reso
lution any longer to continue on this desolate spot. Nothing but
the same spirit which led them to this wilderness, could have indu
ced them under these circumstances to continue.
Before they left England, these new settlers had formed a con
nection or partnership with a number of merchants and other
adventurers, to continue for seven years ; by which, not only their
* Hazard, yol. 1

34 POLITICAL AND CIVIL HISTORY
commerce, but all their business was to be carried on in common,
and for their joint benefit.
At the end of the seven years, the shares of the adventurers in
England, were purchased by the colonists, and the joint property
was divided among them.*
The Plymouth colonists were fortunate in being able to form a
" league of peace," with Massasoit, the great Sachem of the
country. They were, however, for some years without a patent
on which they relied for security in their possession. In 1629, a
second patent from the great Plymouth company was obtained in
the name of William Bradford and his associates, granting them a
tract of country lying between the river Conahasset towards the
north, and Naragansets on towards the south, and the great west
ern ocean towards the east, and between and within straight lines,
extending up into the main land, towards the west, from the
mouths of those rivers to the utmost limits and bounds of a coun
try or place in New-England, commonly called Pokenacutt, alias
Sowamsett, westward, doth extend, &c. They attempted at this
time to obtain a royal charter, similar to that granted to Massa
chusetts, but without success.!
These colonists had serious disputes with Massachusetts and
Rhode Island, relative to boundaries. Under the constitution which
they had formed, the governor was chosen by the people annu
ally ; and seven persons were elected to aid him in his duties, called
assistants, a name peculiar to New England, given to those who
were elected to aid the governors by their advice and counsel.
The government was first a pure democracy ; the whole body of
the people often met and decided upon affairs, both executive and
legislative. As their numbers increased, this was found incon
venient ; and in 1639, a House of Representatives was establish
ed, and Representatives elected from the several towns ; Plym
outh at first being allowed four, and the other towns two each.
The number from Plymouth was afterwards reduced to two.J
* Morton's Memorial, edited by Judge Davis.
fHafcard, vol. 1, p. 300. {Hutchinson, vol. 2, p. 414, appendix.

OF THE UNITED STATES. 3S
The Dutch, whose principal object, in their settlement on the
Hudson, was commerce, had kept up a traffic with the natives
along the coast ; and had visited Rhode Island and Narragansett
Bay. In 1 627, the Dutch governor Minuit, sent a formal embassy
to the new colonists, with a letter congratulating them on the suc
cess of their praise-worthy undertaking, with an offer of their
good services ; and desiring " to fall into a way of some com
merce and trade." To this embassy Governor Bradford returned
a polite answer, accepting their offer of commercial intercourse.
He at the same time, intimated to the Dutch governor, that the
Plymouth colonists, by their patent, had the sole right of trading
with the natives within their limits, and desired him not to trade in
that bay, and the river of Narragansett, which was at their very door.
In answer to this, the Dutch governor insisted on their right to
trade at the places mentioned ; " and as the English," he said
" claimed authority under the King of England, so we, (the Dutch)
derive ours from the States of Holland, and will enforce it."*
Notwithstanding these different claims, another more formalem-
bassy was sent by the Dutch governor, accompanied by soldiers
and by trumpeters, in October of the same year ; and a friendly in
terview was had between the Dutch ambassador and the Plymouth
governor. At this interview, it was evident that the Dutch were
acquainted with Connecticut river, then called by them Fresh river,
as they urged the people of Plymouth to leave the barren spot on
which they had planted themselves, and to remove to the fertile
banks of that river ; recommending it as a " fine place, both for
plantations and trade."!
The political affairs of this colony, afterwards became connect
ed with those of the other New-England colonies, in consequence
of an union between them, as will be hereafter noticed.
Massachusetts was the second colony in New England. Dis
contents on account of religion still prevailing in England, an ad
ditional number of the puritans, determined to seek an asylum in
* Moulton, part II. and Morton by Davis.
t Hutchinson.Vol. 2, p. 416, appendix, and Moulton, part II. p. 384-

36 POLITICAL AND CIVIL HISTORY
the new world. In March, 1628, the Plymouth company granted
to Sir Henry Roswell, Sir John Young, Thomas Southcoat, John
Humphry, John Endicot and Simon Whetcomb, their heirs and as
sociates, that part of New England, lying three miles south of
Charles river, and three miles north of Merrimack river, and ex
tending from the Atlantic to the south sea. Powers of government
were, the next year, granted them by Charles I, who had now suc
ceeded to the throne, and they were made a corporation by the
.name ofthe governor and company of Massachusetts bay, in New
England, with power to elect annually, a governor, deputy governor
and eighteen assistants ; four " great and general courts" were to
be held every year, to consist of the governor, or in his absence',
the deputy governor, the assistants, or at least six of them, and
the freemen of the company. These courts were authorized " to
appoint such officers, as they should think proper, and, also, to
make laws and ordinances for the good and welfare of the com
pany, and for the government of the colony, as to them should
seem meet ;" provided such laws and ordinances should not he
contrary or repugnant to the laws of England. Immediately af
ter the grant from the Plymouth company, Mr. Endicot, one of
the grantees, was sent over with a number of persons, and com
menced a settlement at Salem. Under this charter the govern
ment was at first, established in England. Matthew Craddock,
was named the first governor in the charter, and was afterwards
elected by the company.
The arbitrary proceedings of the British Court, in affairs both
of church and state, induced many gentlemen of wealth and dis
tinction to join the company and remove to New England. In
1629, many persons of this character, and among them the dis
tinguished names of Isaac Johnson, John Winthrop, Thomas
Dudley and Sir Richard Saltonstall, proposed to the company to
remove, with their families, on condition that the charter and gov
ernment should be transferred to New England. To this the
company assented, and in the course of the next year, John
Winthrop, who had been chosen governor, with about one thou
sand five hundred persons embarked, and planted themselves at

OF THE UNITED STATES. 37
Boston and its neighborhood. Many others soon followed, par
ticularly after the appointment of Laud to the archbishoprick of
Canterbury. Under the direction of this bigoted Prelate, the laws against
non-conformity were enforced with the utmost rigor, and the king
was determined to enforce uniformity in religious worship and dis
cipline. In consequence of this, thousands were driven from
their native land, with a hope of enjoying civil and religious lib
erty in a wilderness. The king, however, seemed determined to
pursue them even here, and deprive them of those privileges, for
the enjoyment of which, they had made such sacrifices. In April,
1634, he placed the colonies under the government of the arch
bishops of Canterbury and York, and a select number of his coun
cillors, by the name of " commissioners of the colonies and plan
tations." This board were authorized to make laws and ordinances, in
all matters ecclesiastical as well as civil, and particularly, for the
relief and support of the clergy, by assigning them a convenient
maintenance, " by tythes, oblations and other profits accruing."
They were vested also, with power, (with the assent of the king,) to
make and unmake governors ; to constitute such civil and eccle
siastical tribunals, and courts of justice, and to give them such
powers as they should judge proper ; to revoke all letters patent,
previously granted, which had been surreptitiously or unduly ob
tained, or which contained any privileges or liberties, injurious to
the crown, or to any foreign princes, and generally to do any
thing necessary " for the wholesome government and protection
of the colonies, and the people therein abiding." This extraor
dinary commission had reference principally to the New England
colonies, to which thousands were now removing, to avoid the
despotic proceedings of the star-chamber.
This vast emigration was highly displeasing to the court, and
one of the first acts of the commissioners, was an order to pre
vent it. In December, 1634, the wardens ofthe cinque ports and
others, were directed by the commissioners, not to suffer any per
son being a subsidy man, to embark for the plantations, with-
Vol. I. 6

38 POLITICAL AND CIVIL HISTORY
out their licence ; nor any person, under the degree of a subsidy
man, without a certificate from a justice ofthe peace, that he had
taken the oath of allegiance, and a like certificate from a minis
ter of the parish, of his conversation and conformity to the orders
and discipline of the church of England.*
The preamble to this order, disclosed some of the reasons, on
which, not only the order, but the commission itself was founded.
It declared, that great numbers of his majesty's subjects, have
been and are every year, transported into those parts of America,
which had been granted by patent, to several persons, and there
settled themselves, some of them, with their families and whole
estates ; amongst which number, there are many " idle and re
fractory humours, whose only end is, to live as they can, without
the reach of authority." Various complaints at that early period,
were made against the people of Massachusetts, particularly for
extending their claim beyond their charter limits, including lands
granted to others ; for their conduct towards those, who differed
from them in religion, and for their supposed wish for indepen
dence. The commissioners therefore, determined to make a com
plete alteration of their government, by the appointment of a
governor general, to reside in the colonies.
This created great alarm among the colonists ; and in Massa
chusetts the opinion of the clergy was requested by the governor
and assistants, on the important question what should be done, if
a governor general should be sent from England ? It was unani
mously agreed, that if such a governor be sent, they ought not to
accept him, but defend their lawful possessions, if they were able,
" otherwise to avoid and protract."!
Some of the principal members of the great council of Plym
outh, were in favor of the court party ; and in 1635, through their
influence, and at the request of the king and his privy council,
their charter was surrendered to the crown. The principal rea
sons assigned for this surrender were, that the people of Massachu
setts, had improperly extended the limits of their patent, so as to
include lands granted to others, and that in civil and ecclesiastical
* Hazard, vol. 1, and Hutchinson, vol. 1, appendix. f Winthrop's Journal, p. 78.

OF THE UNITED STATES. 39
affairs had made themselves independent of the council, as
well as the crown. They had not only extended their limits, the
council say, but, " wholly excluded themselves from the govern
ment of the council, appointed for those affairs, and made them
selves a free people, and for such hold of themselves at present ;
whereby they did rend in pieces, the first foundation of the build
ing, and so framed unto themselves, both new laws and new con
ceits of matter of religion, and forms of ecclesiastical and temporal
orders and government, punishing divers that would not approve
thereof, some by whipping, and others by burning their houses over
their heads, and some by banishing, and for the like ; and all this,
partly under other pretences, though, indeed, for no other cause,
save only, to make themselves absolute masters of the country, and
unconscionable in their new laws." These evils, the council said
they were unable to remedy ; and therefore deemed it necessary
for his majesty " to take the tohole business into his own hands."*
This surrender, however, was not made, until the whole sea
coast, from the river St. Croix, to the Hudson, and extending many
miles into the interior, had been divided, by lot, to twelve of the
original patentees, into as many separate provinces ; and which
in their petition to the king, they pray may be confirmed to them,
by new grants from him, with such privileges and further royalties
as had been given to Lord Baltimore, " saving only," they say,
" that we submit ourselves to the governor general, now present
ly to be established by his majesty, for the whole country." They
also requested, that, after the decease of the first governor gener
al, three be chosen, by lot, from the lords of these twelve pro
vinces, one of whom to be selected by the king, to be governor
general, to continue for three years only, and to reside in the
country in person or by deputy. They, likewise, proposed, that
the patent or charter of Massachusetts, should be revoked, and
that those holding grants in any of the provinces, should pay a
reasonable acknowledgment, as freeholders, to the lords of the
province, from whom they were to take new grants. They also
recommended that a city be built, for the seat of the new
* Hazard, vol. 1, p. 390.

40 POLITICAL AND CIVIL HISTORY
government ; and that ten thousand acres, near the city, be ap*
propriated, for the foundation of a church and maintenance of
clergymen. This splendid scheme of government, though in accordance
with the views of the king, who had determined to revoke the
charter of Massachusetts, fortunately for the New England colo
nists, was never carried into execution.
Soon after the surrender of the Plymouth charter, however, a
quo warranto, was issued against that of Massachusetts. The
writ was only served on those in England, who either then were,
or had been members of the company ; but no notice was giveia
to the company in New England. Some on whom the writ was
served in England, appeared and disclaimed any right under the
charter, others were defaulted, and the rights and franchises, in
the charter were seized and taken into the hands of the king, so
far as those in England were concerned ; and the other patentees
were outlawed.
No judgment, in form, was ever rendered against the corpora
tion itself. Not satisfied with this proceeding, a special order
was sent, by the lords of trade and plantations, to Massachusetts,
in April 1638, requiring the governor, or such other person, as
had the custody of the charter, to transmit the same by the return
of the ship which carried the order ; with a threat in case of neg
lect or refusal, that the king would resume the whole plantation
into his own hands. The general court of Massachusetts, before
whom this order was laid, resolved not to send the charter ; but
to present a humble petition to the commissioners.
In this petition, they ask for the liberty, allowed to every British
subject ; to know the charges alleged against them, before they
were condemned. They were not called, they said, to answer to
the quo warranto ; had they been, they could have given a suffi
cient answer. That they came into these remote parts, with their
families and estates, with the licence and encouragement of the
king, and had enlarged his majesty's dominions ; and that if now
deprived of their patent, they should be compelled, either to re
move to some other place, or return to their native country. This

OF THE UNITED STATES. 4J
would be ruin to themselves, and expose the country to be occu
pied by the French and Dutch, who would eagerly embrace the
opportunity. They, therefore, humbly requested they might be
suffered to live here, in this wilderness, and enjoy the liberties
which had been granted them. The increasing disputes between
the king and parliament, no doubt, saved the charter of Massa
chusetts, and the liberties of New England. Neither did the king,
after he received back the Plymouth patent, re-grant the new pro
vinces, to those to whom they had been allotted, except the pro
vince of Maine, which fell to Ferdinando Gorges, who, it was
said, was to have been the first governor general.
This province commenced at the mouth of Piscataqua river,
and extended up that river, one hundred and twenty miles, and
along the sea coast, to the river Sagadahock, and up that river
to Kennebeck river, to the head thereof, and from thence into the
land, until one hundred and twenty miles be ended ; and from
thence across to the end of the one hundred and twenty miles,
on the Piscataqua.
A part of this country was claimed by Massachusetts, and after
much altercation between that colony and the heirs of Gorges,
was finally purchased by the former, in 1677, for £1,250 sterling,
and remained a part of that colony and state until lately erected
into a state, by itself.
The government of the Massachusetts colony, was, princi
pally, in the hands of the governor and assistants until 1634.
At this time, the people, having increased in number, claim
ed a greater share in the government ; and at their meet
ing, in May, resolved that the general court alone had power
to make laws, impose taxes, and appoint officers ; and that, in
these general courts, the people should be represented by two or
three deputies, to be chosen from each plantation. This, though
not strictly warranted by the charter, was generally assented to,
and became a fundamental part of the constitution of the colony.
The assistants and deputies, at first, met together in the same
room ; and the former claimed a negative on the acts of the latter.
This created no little dispute between them, and was not finally

42 POLITICAL AND CIVIL HISTORY,
settled until 1644, when it was mutually agreed that the legis
lature should consist of two separate bodies, each having a nega
tive on the other.
Thus early, in Massachusetts, was the legislative branch of the
government divided into two houses ; a mode of legislation which
experience has proved to be best calculated for deliberation, and
affording the best security against hasty and inconsiderate acts.
For many years, none but members of the church could be
freemen. The charter did not give the company the power of
establishing judicial tribunals. This necessary power, however,
was assumed, and courts of justice created, the general court
being, in certain cases, the dernier resort
Some years elapsed before a body of laws was established. In
the punishment of crimes, they principally followed the Mosaic law.
The first colonists of Connecticut removed from Massachu
setts. The most of them came from England, in 1633, and
first planted themselves in Watertown, Dorchester, and Newtown.
Hearing of the extensive and rich meadows on the Connecticut
river, they, in 1635, came to the resolution of remvoing there.
This was finally done, with the consent of the general court
of Massachusetts, on condition they should continue under that
government ; and previous to their removal, the general court.
invested Mr. Ludlow and others, with certain powers of govern
ment over those who should remove, for the term of one year.
The first company did not set out from Massachusetts, until the
middle of October, 1635, and the weather became extremely
cold before they could prepare comfortable habitations ; and
their sufferings during the winter, were excessive, from hunger,
as well as cold. To save themselves from starving, some of them
were obhged to return to Massachusetts, in the midst of winter.
In the summer of 1636, a second company followed ; and the
towns of Hartford, Wethersfield, and Windsor, were settled in
that and the preceding year. The powers of government were
first exercised by those who had been designated for that purpose
by the Legislature of Massachusetts, denominated magistrates
with the advice of committees from the towns, who, on important

OF THE UNITED STATES. 43
occasions, were called in. The first court, or legislative assem
bly, appearing on record, was held-on the 26th of April, 1636.
Being, however, out of the limits of the Massachusetts charter,
they deemed it necessary to establish a constitution, or form of
government for themselves.
For this purpose, they met in January, 1639, and formed a
system of government under which they agreed to live. This
self-created Commonwealth then consisted of about eight hun
dred persons in the whole, in the three towns before mentioned.
After stating that, by divine Providence, they had become in
habitants and residents of the said three towns, on the Connec
ticut river and the lands adjoining, and that the Word of God
required, that, to maintain peace and union among them, there
should be an orderly and decent government established, " they
did associate and conjoin themselves to be, as one state or Com
monwealth ;" and for themselves, and such as should adjoin
them, thereafter, did confederate together, for the purpose of
maintaining the liberty and purity of the Gospel and discipline of
the churches ; and of being governed in civil affairs, according to
such laws as should be made and established. The outlines of
this constitution were, that there should be two general assem
blies held in each year, one in April and the other in September.
The one in April, was called the court of election, at which were
to be chosen a governor, and six magistrates, at least, and other
public officers, as should be found requisite — the governor and
magistrates to hold their offices for one year, and the governor
was to be chosen from the magistrates. The governor and ma
gistrates to be elected by those admitted freemen by the towns,
and had taken the oath of fidelity. The mode of electing magis
trates, was, it is believed, peculiar to Connecticut, and well cal
culated to prevent the choice of improper persons, either from
the momentary impulse of the electors, or intrigues of the candr-
dates. No person could be elected to that important station,
who had not been proposed or nominated at some preceding
general court. The towns, by themselves, or their representa
tives, had a right to make such nominations, and transmit them

44 POLITICAL AND CIVIL HISTORY
to the court, and the court might add such names as they
thought proper. The names of the persons thus nominated
were published,' and out of this number alone could the magis
trates be chosen, by secret ballot, in the following manner : On
the day of election, the names ofthe persons thus nominated at
the preceding assembly, were called over in order by the secre
tary ; and the freeman, who desired the person called to be cho
sen, gave in a piece of paper, with some writing upon it ; and
those who did not wish-him to be elected, gave in a blank ; and
those who had more written than blank papers were elected. No
person could be chosen governor for two years in succession ;
and the governor must have been a magistrate, and also, a
member of some approved congregation.
The towns were to be represented in the general assembly by
deputies, chosen by the freemen of the same ; the towns of Hart
ford, Wethersfield, and Windsor, to send four each, and the
towns afterwards to be made, as many as the court should direct.
The representatives to be chosen by those who had been admit
ted inhabitants of the town, and taken the oath of fidelity.
Church membership, as in Massachusetts, was not a requisite
qualification for a freeman.
The general assembly was to consist of the governor and four
magistrates, at least, and a major part of the representatives, /' in
which consisted the supreme power of the Commonwealth."
This body alone had power to make laws, grant levies, admit
freemen, grant lands, and do any other matter concerning the
good of the Commonwealth. The governor was to preside in
the assembly, and in case of an equal divisiqn, to have a casting-
vote. This free constitution, or the substance of it, was contained in
the charter, granted in 1662, by Charles II ; and remained the
same, without any material alteration, through the war of the re
volution, and even until 1818, when a new Constitution was
adopted by the people of that State, in which many of its prin
ciple provisions were inserted.
The magistrates and representatives acted together, in one
house, until 1698, when the general assembly was divided into

OF THE UNITED STATES. 46
two houses ; the magistrates or assistants, with the governor as
president, constituted the upper house, and the representatives
the lower house, each having a negative on the other.
For many years the inhabitants on Connecticut river, like those
of New Plymouth, had no right to the soil, except by purchase
or conquest from the natives, or any powers of government but
those they assumed.
A settlement was made at the mouth of Connecticut river, un
der authority from the Plymouth company, about the same time
with that at Hartford. In 1631, Lord Say and Seal, and Lord
Brook, with many others, afterwards distinguished in the civil
wars, contemplated a removal to New England ; with this view,
and in that year, they, together with Lord Rich, Charles Fiennes,
Sir Richard Saltonstall, Sir Nathaniel Rich, Richard Kingsly,
John Pym, John Humphrey, John Hampden, and Herbert Pel-
ham, obtained from the Earl of Warwick, a grant of that part of
New England, extending from the river Narragansett, forty leagues,
on a straight line near the sea shore, towards the south west,
west and by south, or west, as the coast lieth, towards Virginia,
including all islands, lying north and south, in the breadth afore
said, to the south sea. Under this grant a fort was erected, and
a settlement commenced at the mouth of Connecticut river, called
Saybrook, after the principal patentees, Lords Say and Brook.
This settlement was, for some years, distinct from that at Hart
ford, In 1644, in consequence ofthe new state of things in Eng
land, the patentees relinquished their plan of removal, and sold
their grant to the people of Connecticut ; and Saybrook was an
nexed to the settlements above.
The colony of New Haven, which now constitutes a part of
Connecticut, was settled in 1637.
In July of that year, John Davenport, who had been a dis
tinguished puritan preacher in London, with Theophilus Ea
ton, a rich merchant, and others, arrived in Massachusetts and de
sirous of establishing a settlement by themselves, explored the
sea coast of Connecticut, and fixed upon a place which they call
ed New Haven, to which they soon after removed. Here, being
Vol. I. 7

46 POLITICAL AND CIVIL HISTORY
also, without any right to the lands, except by agreement witii
the natives, or powers of government, this small band of pilgrims,
formed themselves into a body politic, and established a form of
civil and church government. This was done, principally under
the direction of Mr. Davenport, who was their leader, in civil, as
well as ecclesiastical affairs. The government was at first, en
trusted to a governor and a few magistrates, who, as well as all
other officers, were to be elected by none but those, who were in
church fellowship.
The governor and magistrates were to hold a general court an
nually ; and they declared, that the word of God, should be the
only rule, for ordering the affairs of that Commonwealth. After
wards, in 1643, representatives from the towns were admitted in
the general court, and the form of government became more as-
simulated to that of Connecticut. A few towns only were set
tled under the jurisdiction of this colony, and in 1662, the colony
itself was included in the charter granted to Connecticut.
The settlement of Rhode Island and Providence plantations,
commenced about the same time, with that of Connecticut ; and
it is not a httle extraordinay, that religious disputes in Massachu
setts, should have given rise to this colony. In 1634, the celebra
ted Roger Williams, a minister at Salem, in consequence of
some peculiar religious opinions, in which he differed from his
brethren, was banished from that colony. With the consent of
the natives, he, with a few followers, settled at a place, which
they called Providence. Two or three years after this, the anti
nomian controversy, as it has been called, arose in Massachusetts,
and Mrs. Hutchinson, Mr. Coddington and others, were also ban
ished from that colony. These persons, with the assistance of Ro
ger Williams, in March, 1638, purchased of the Indians, the Isl
and since called Rhode Island.
The settlers at Providence and Rhode Island, were, at first
distinct communities, and had separate governments. Both
formed civil compacts for themselves. The inhabitants of Provi
dence, and " all new comers," at first promised, " to submit them
selves, in active and passive obedience, to all such orders and

OF THE UNITED STATES. 47
agreements, as should be made for the public good of the body,
in an orderly way, by major consent of the inhabitants."
In 1640, they being about forty in number, combined in a plan
of government, as best suited to promote peace and order in their
circumstances.* At Rhode Island, the settlers in March, 1638,
to the number of eighteen, subscribed the following civil compact.
" We whose names are under written, do hereby solemnly, in the
presence of Jehovah, incorporate ourselves into a body politic ;
and as he shall help, will submit our persons, lives, and estates, unto
our Lord Jesus Christ, the King of kings and Lord of lords, and
to all those perfect and absolute laws of his, given in his holy word
of truth, to be judged and guided thereby."!
William Coddington, was chosen a judge to do justice and judg
ment, and to preserve the peace. In 1640, the chief magistrate
was called governor, the next magistrate deputy governor, and
"five persons were chosen assistants. In March, 1641, at a generr
al court of election, it was unanimously declared, that the govern
ment was a democracy, or popular government, and that the power
was in the body of the freemen, orderly assembled, or the major
part of them, to make or constitute just laws, by which they
should be regulated, and to depute from among them, such min
isters as should see them faithfully executed. It was, at the same
time, ordered, that none should be accounted delinquent for doc
trine, provided it be not directly repugnant to the established gov
ernment and laws.J
In this political situation, both settlements remained until 1643 ;
when Roger Williams was sent to England, to obtain a charter
of ciyil government. A new state of things then existed in Eng
land. Parliament having obtained the supremacy, had assumed
the regulation of the plantations ; and in November, 1643, con
stituted the Earl of Warwick governor in chief, and lord high ad
miral of all the plantations, already inhabited, or which might
bfe inhabited, " within the bounds and upon the coasts of Ameri
ca." Five lords, members ofthe house of peers, and twelve gen-
* Callender'sCentujy Sermon. f t Mss. Records of Rhode Island.

48 POLITICAL AND CIVIL HISTORY
tlemen, members of the house of commons, were appointed com
missioners to assist him.
Among the former was Lord Say and Seal, and among the
latter, were Sir Henry Vane, John Pym, and Oliver Cromwell.
Warwick and his council were invested with nearly the same
civil powers, as had been previously granted to archbishop Laud
and others by King Charles, in 1635. They were authorised " to
provide for, order and dispose all things, which they should find
most fit and advantageous, to the well governing, securing, strength
ening and preserving of the said plantations ; and chiefly to the pre
servation and advancement ofthe true protestant religion, among
the said planters, inhabitants ; and the further enlargement and
spreading of the gospel, among those, that yet remain there, in
great and miserable blindness and ignorance." They had power,
also, to appoint all subordinate governors, councillors and other
officers, and them remove at pleasure ; and to assign over such part
of their power, as they thought proper, to the owners and inhabi
tants of such plantations. In March, 1644, on the application of
Roger Williams, these commissioners granted to the inhabitants
of the towns of Providence, Portsmouth and Newport, residing in
a tract of country, called by the name of Narragansett bay, bor
dering northward and north east on the patent of the Massachu
setts, east and south east, on Plymouth patent, south on the ocean,
and on the west and north west by the Indians called Narragan
setts ; the whole tract extending about twenty five English miles
unto the Pequot river and country, " a free and absolute charter
of incorporation, to be known by the name of the incorporation of
Providence plantations in the Narragansetts bay, in New England,
with full power and authority to rule themselves, and such others
as shall inhabit in any part of said tract of land, by such a form
of civil government, as by voluntary consent of all, or the greater
part of them, they shall find most suitable to their estate and con
dition ; and for that end, to make and ordain such civil laws and
constitutions, and to inflict such punishments upon transgressors ;
and for the execution thereof, so to place and displace officers of
justice, as they, or the greatest part of them, should, by free con-

OF THE UNITED STATES. 49
sent agree thereto;"* with a proviso that the laws, constitu
tions, and punishments, for the civil government of the plantation,
be conformable to the laws of England, so far as the nature and
constitution of the place would admit.
The commissioners reserved to themselves,, the right of dispos
ing ofthe government, as it might stand in relation to the other
plantations in America, as they might conceive most conducive to
the good ofthe plantation, the honor of his majesty, and the ser.
vice of the State. Under this charter, the inhabitants of these
towns, established a form of civil government, which was a pure
democracy. A court of commissioners, consisting of six persons from each
of the towns, was invested with legislative authority, but all acts
passed by these commissioners, were subject to be repealed, by a
major vote of the freemen, assembled in town meetings, called for
that purpose. A president and four assistants, were chosen annu
ally, to be conservators of the peace, with civil powers ; and by
special commission, were judges of the courts, assisted by two
wardens or justices of the peace, in the towns in which the courts
were held. Each town elected a council of six persons, to manage
their town affairs. This council was, also, a town court, for the
trial of causes of inferior magnitude, with a right of appeal to the
court of president and assistants. This form of government con
tinued, with little interruption, until a charter was obtained from
Charles H, in 1663.
The town of Newport was situated on one of the best harbors
in America, and its inhabitants soon engaged in commerce. Their
commercial transactions were deemed of so much importance in
1647, as to require laws suited to commercial men and seamen.
At this early period, therefore, it was ordered, at the court of elec
tion, " that the sea laws, otherwise called the laws of Oleron,
should be in force among us, for the benefit of seamen, (upon the
island,) aqd the chief officers in the town should have power to
summon the court for the case or cases prescribed.":!
* Hazard, vol. 1, p. 538, and Callender. f Mss. Records of Rhode Island.

50 POLITICAL AND CIVIL HISTORY
The dispersed situation of the New England colonists rendered
an union among them necessary, not only for their mutual defense
against the savages, but also for protection and security against
the claims and encroachments of the Dutch. This union or con
federation was formed in 1643, by the name of " the united colo
nies of New England." This union was proposed by the colonies
of Connecticut and New Haven, as early as 1638, but was not
finally completed until five years after. This confederacy of these
infant colonies continued about forty years ; and the confeder
acy itself, and the proceedings under it, constitute an interesting
portion of the political history of New England. It consisted of
the colonies of Massachusetts, New Plymouth, Connecticut, and
New Haven. By the articles of confederation, as they were
called, these colonies entered into a firm and perpetual league of
friendship and amity, for offense and defense, mutual advice and
succour, upon all just occasions, both for preserving and propa
gating the truth and liberties of the Gospel, and for their own
mutual safety and welfare. Each colony was to retain its own
peculiar jurisdiction and government ; and no other plantation or
colony was to be received as a confederate, nor any two of the
confederates to be united into one jurisdiction, without the con
sent of the rest. The affairs of the united colonies were to be
managed by a legislature to consist of two persons, styled com
missioners, chosen from each colony. These commissioners
had power " to hear, examine, weigh and determine all affairs of
war or peace, leagues, aids, charges, and number of men for
war, — division of spoils, and whatsoever is gotten by conquest —
receiving of more confederates for plantations, into combination
with any of the confederates ; and all things of a like nature,
which are the proper concomitants and consequences of such a
confederation for amity, offense and defense ; not intermeddling
with the government of any of the jurisdictions, which, by the
third article is preserved entirely to themselves." The commis
sioners were to meet annually, in each colony, in succession, and
when met, to choose a president, and the determination of any
six to be binding on all.

OF THE UNITED STATES. 51
The expenses of all just wars to be borne by each colony, in
proportion to its number of male inhabitants of whatever quality
or condition, between the ages of sixteen and sixty.
In case any colony should be suddenly invaded, on motion and
request of three magistrates of such colony, the other confederates
were immediately to send aid to the colony invaded, in men,
Massachusetts one hundred, and the other colonies forty five
each, or for a less number, in the same proportion.
The commissioners, however, were very properly directed, af
terwards, to take into consideration the cause of such war or
invasion, and if it should appear that the fault was in the colony
invaded, such colony was not only to make satisfaction to the in
vaders, but to bear all the expenses of the war.
The commissioners were also authorized " to frame and estab
lish agreements and orders in general cases of a civil nature,
wherein all the plantations were interested, for preserving peace
among themselves, and preventing as much as may be, all occasions
of war, or difference with others, as about the free and speedy
passage of justice, in every jurisdiction, to all the confederates
equally as to their own, receiving those that remove from one
plantation to another, without due certificates."
It was, also, very wisely provided in the articles, that runaway
servants, and fugitives from justice, should be returned to the
colonies where they belonged, or from which they had fled. If
any of the confederates should violate any of the articles, or, in
any way injure any one of the other colonies, " such breach of
agreement, or injury, was to be considered and ordered" by the
commissioners of the other colonies. This confederacy, which
was declared to be perpetual, continued without any essential al
teration, until the New England colonies were deprived of their
charter by the arbitrary proceedings of James II. In the year
1648, some of the inhabitants of Rhode Island requested to be ad
mitted into the confederacy, but they were informed that the
Island was within the patent granted to New Plymouth, and
therefore their request was denied.

•52 POLITICAL AND CIVIL HISTORY
Regular records of the proceedings of the commissioners were
kept, and will be found in Hazard's valuable collection of state
papers. This confederacy secured these infant colonies from the In
dians, as well as against the claims of the Dutch. Through the
influence of the commissioners, the line between Connecticut and
New York, in the year 1650, was settled, and this settlement was
afterwards ratified by the States General of Holland ; and the uni
ted exertions of the colonies were necessary to secure themselves
from the formidable attack of the Narragansetts under the cele
brated King Philip, in 1675.
This' confederation of the four New England colonies, served
as the basis of the great confederacy afterwards formed between
the thirteen states of America. An examination of the two sys
tems will prove a similarity not only in names, but in general
principles. This little confederacy, like that which succeeded it,
was not without its difficulties ; and disputes among the mem
bers, at times, threatened its dissolution.
Connecticut, about the year 1645, imposed a duty on certain
articles carried down the river from Springfield, a town within
the jurisdiction of Massachusetts. The reason given for this
duty, was the expense of keeping a fort at the mouth of the river,
which afforded protection to all living on it above. The people
of Massachusetts refused to pay the duty and the subject was at
last, agreeably to the articles of confederation, referred to the
decision of the commissioners of Plymouth, and New Haven,
who, after a full hearing, decided in favor of Connecticut. Of
fended at this, Massachusetts, by way of retaliation, imposed a
duty on similar articles belonging to any inhabitants of Plymouth,
Connecticut, or New Haven, imported within the castle, or ex
ported from the bay ; alledging that they had been at great ex
pense in building forts whereby the goods and vessels of all had
been secured. Against this conduct of Massachusetts the commis
sioners of the other colonies at their next meeting, remonstrated ;
but as the fort at Saybrook about that time was destroyed by
fire, the duties imposed by both colonies were relinquished ¦ and a
dissolution ofthe union in all probability thereby prevented.

OF THE UNITElJ^BTAT^. 53
Another serious dispute soon after arose between Massachu
setts and the other confederates, on the subject of war with the
Dutch at New York. The latter, in 1653, during the existence
of the war between the Lord Protector and the United Nether
lands, not only supplied the Indians, who were hostile to the Eng
lish colonists, with arms, but entered into apian with them, as
the majority of the commissioners fully believed, to destroy the
New England colonies. The commissioners of the colonies of
Plymouth, Connecticut, and New Haven, therefore declared war
against the Dutch, and assigned to each colony their quotas
of men agreeably to the articles of confederation. Massachu
setts, however, refused to join in the war, or to furnish her pro
portion of men, alledging that she was not satisfied the war
was just. She, also, declared that even six of the commissioners
had no power by the terms of the union, to make an offensive
war, and thereby involve any colony in it without its consent.
The commissioners of the other colonies strongly objected to this
construction of the articles, and several messages passed between
them and Massachusetts on the question, but the latter refused to
yield or bear any pfrt in the war.*
This was deemed by the other colonies a violation of the arti
cles, on the part of Massachusetts.
The general court of New Haven, who were more immediately
exposed, expressly, declared " that Massachusetts had broken the
covenant with them, in acting directly contrary to the articles of
confederation." The two colonies of Connecticut and New Haven
joined in sending an agent to England, to represent to the Lord Pro?
tector and to parliament their exposed situation, and to request
their aid against the Dutch.! In compliance with the request of
these two colonies, Cromwell sent three or four ships, with a small
number of troops, to assist in reducing the Dutch in their neighbour:
hood ; and he requested Massachusetts to afford all necessary aid. J
About the same time Connecticut received an order from par
liament, requiring them to treat the Dutch, in all respects, as the
* Hazard, vol. 2. t Trumbull's History of Connecticut, vol. 1.
J Hutchinson, vol. 1.
Vol. I. 8

54 POLITICAL AND CIVIL HISTORY
declared enemies of the commonwealth of England. Massachu
setts so far complied with the request of Cromwell, as to consent
that the persons appointed by him might raise five hundred volun
teers in that colony, for the expedition against the Dutch.
The expeditoni itself, however, was prevented by a peace in
Europe, between England and Holland.
Massachusetts, afterwards retracted her interpretation of the
articles of confederation, and harmony between the united colo
nies was again restored.
The conduct and proceedings of the united colonies, as well
as of Massachusetts, at this period evinced very little dependence
on the parent country. Although war had existed between Eng
land ar,<l Holland, from October, 1651, yet it is evident, these col
onies did not consider themselves as involved in it, without their
consent. The united colonies had in fact, themselves declared
war against the Dutch, and Massachusetts, when required by the
Lord Protector, to assist in their reduction, had only consented
that five hundred volunteers might be raised by him in that colony
for that purpose. From a similarity of opinions in civil and re
hgious matters, a good understanding subsisted between the New
England colonies and parliament during the civil wars ; and this
continued after Cromwell had usurped supreme authority, under
the name of Lord Protector.
The New Englanders were favored not only in their govern
ment but in their commerce.
The celebrated navigation act of 1 65 1 , was not enforced in New
England, and they had the privilege of importing their goods into
England, free from all customs, for a certain number of years.
The charters granted to Connecticut and Rhode Island, by
Charles II, soon after his restoration to the throne, secured to
these colonies, so far as a royal grant could secure them, the same
privileges and powers of self government, they had enjoyed from
their first settlement. The people of these colonies, by the ex
press words of their charters were entitled to the privileges of
natural bora subjects ; and invested with all the powers of govern
ment, legislative, executive, and judicial. The only limitation to

OF THE UNITED STATES. 55
their legislative power, was that their laws should not be contrary
to those of England. The colonists of Plymouth, often solicited
the king, for a grant of similar powers and privileges, but without
success. They continued, however, to exercise the powers of
government, originally assumed, with the interruption of a short
period only, during the despotic reign of James II, until 1692,
when they were included in the new charter to Massachusetts,
and became incorporated with that colony. The king soon be
came jealous ofthe charter governments, and was disposed to re
sume the extensive powers he had granted.
The king and parliament claimed the right of altering and re
voking these charters, at pleasure ; but the colonists, on the other
hand, denied this right, and claimed them to be solemn compacts
between them and the crown ; irrevocable, unless forfeited by
some act of the grantees. This was a continual source of con
tention between the parent country and the charter colonies, and
was one of the causes which finally produced a separation be
tween the two countries. ,
These disputes will be more particularly noticed hereafter.
The proprietary governments, were those of Maryland, Penn
sylvania, the Carolinas, and the Jersies. The two former re
mained such, until the American revolution ; the two latter be
came royal governments, long before that period.
The charter granting Maryland to Lord Baltimore, invested him
with full and ample powers of government, without the interfer
ence of royal authority. It authorized the proprietor to make, or
dain and establish all laws necessary for the good of the province,
with the advice, assent and approbation of the greater part of the
freemen or their deputies. For the purpose of making these laws,
the proprietor was directed to assemble the freemen, or their re
presentatives, when, and in such form, as to him and them should
seem best ; and the proprietor himself was to see, that the laws
thus made, were duly executed. The mode in which the powers
of legislation were to be exercised, was left to the decision ofthe
proprietor and the freemen.
Here, as well as in some of the other colonies, while the free
men were few in number, the whole met and gave, their assent, to

56 POLITICAL AND CtVIL HISTORY
the laws by which they were to be governed. In 1639, however,
a house of burgesses was established, consisting of representa
tives, elected by the freemen. These representatives, with others
designated by special writs of the proprietor, constituted the le
gislature. The constitution of this province, however, was not finally set
tled, until 1650, when the legislature was divided into two branch
es. This division had been requested, by the burgesses, as early
as 1642, but refused by the proprietor. In the year 1650, the
wishes of the burgesses were complied with ; and a fundamental
law passed, that those who were called by special writs of the
proprietor should form the upper house, and those chosen by the
hundreds, should compose the lower house ; and that all bills re
ceiving the assent of both houses, and approved by the governor,
should be deemed the laws of the province, and have the same
effect as if the freemen were personally present.*
A code of laws, was established about the same time, and the
act, passed, " concerning religion," shows the enlightened views of
the proprietor and people of this province. It declared, "that
no persons professing to believe in Jesus Christ, should be molested
in respect to their religion, or in the free exercise thereof, or be
compelled to the belief, or exercise of any other religion, against
their consent ; so that they be not unfaithful to the proprietor, or
conspire against the civil government : that persons molesting any
other in respect to his religious tenets, should pay treble damages
to the party aggrieved, and twenty shillings to the proprietor :
that those who should reproach any with opprobrious names of
religious distinctions, should forfeit ten shillings to the party in
jured ; that any one speaking reproachfully against the blessed
virgin, or the apostles, should forfeit five pounds ; but that blas
phemy against God, should be punished with death.!"
The justice, as well as policy of this law, was evident, from the
rapid increase ofthe inhabitants of this province. Many removed
there from Virginia, to enjoy that liberty, which was denied them,
in that colony ; and it is not a little singular, that people should
* Chalmers, pp.219, 220. f Chalmers, p. 218,

OF THE UNITED STATES. 57
remove from a protestant to a popish colony, for the purpose of
Enjoying religious liberty. During the civil wars, in England, the
proprietor of this province was deprived of his government ; and
in September, 1651, commissioners were appointed "for reducing
and governing the colonies within the bay of Chesapeake." Vio
lent contentions soon arose between the Roman Catholics, who
adhered to the *jjroprietors, and those, who favored the views
of the ruling party in England. In this unhappy contest, which
amounted to a civil war, the latter were successful; and
in July, 1654, the government was seized by the Lord Protect
or. The assembly, called under his authority, ill requited the
Roman Catholics, for their former liberality, on the subject of re
ligion. One of their first acts declared, " that none, who professed the
popish religion, should be protected in that province, by the laws
of England, formerly established, and yet unrepealed ; nor by the
government of the Commonwealth :" That such as profess faith
in God, by Jesus Christ, though differing in judgment from the
doctrine and discipline publicly held forth, should not be restrain
ed from the exercise of their religion ; " provided such liberty
was not extended to popery or prelacy, or to such as under the
profession of Christ, practised licentiousness."
On the accession of Charles II, the government was restored to
the proprietor. During the reign of King William, he was again
deprived of his government, nor was it restored, until he became
a protestant.* The proprietors of Carolina, were authorized, by their charter,
to exercise the powers of government, and to enact and publish
any laws and constitutions, they might think proper and necessa
ry, but this was to be done, as in the charter to Lord Baltimore,
" with the assent, advice and approbation of the freemen of the
colony." The aid of the learned John Locke, was requested, in
framing a system of government for this extensive province. A
form of civil government was drawn up by this philosopher, con
sisting of not less than one hundred and twenty articles ; which
* European Settlements in America, vol. 2, p. 231.

58 POLITICAL AND CIVIL HISTORY
was adopted by the proprietors in March, 1669, and was " to re
main the sacred and unalterable form of government of Carolina for
ever." A kind of feudal system was introduced in this constitu
tion. A court was constitued in England, consisting of the pro
prietors, called the palatine court, of which the oldest proprietor
was the ^president, or chief palatine, and in the province there
were barons, landgraves and casiques, as theJ*Were called, with
large baronies annexed, who constituted a branch of the legisla
ture. The whole of this complicated and singular plan was
never adopted by the freemen of the province.
The outlines of it, or of such parts as had the assent of the
freemen, are thus given by Mr. Hewit, the author of a very valua
ble " Historical account of the rise and progress of the colonies
of South Carolina and Georgia."
" The oldest of the eight proprietors, was always to be palatine,
and at his decease was to be succeeded by the oldest ofthe seven
survivors." " This palatine was to sit as president of the palatine court, of
which he and three more of the proprietors made a quorum, and
had the management and execution of all the powers of the
charter. This palatine court was to stand, in room of the king,
and give their assent or dissent to all laws made by the legisla
ture of the colony. The palatine was to have power to nomi
nate and appoint the governor, who, after obtaining the royal ap
probation, became his representative in Carolina. Each ofthe
seven proprietors was to have the privilege of appointing a depu
ty to sit, as his representative in parliament, and to act agreeably
to his instructions. Besides a governor, two other branches, some
what similar to the old Saxon constitution, were to be established,
an upper and lower house of assembly ; which three branches
were to be called a parliament, and to constitute the legislature
of the, colony. The parliament was to be chosen every two years.
No act of the legislature was to have any force unless ratified in
open parliament, during the same session, and even then to con
tinue no longer in force, than the next biennial parliament, un
less, in the mean time, it be ratified, by the hands and seals of the
palatine and other proprietors.

OF THE UNITED STATES. 59
" The upper house was to consist of the seven deputies, seven
of the oldest landgraves and casiques, and seven chosen by the
assembly, as in the other provinces, the lower house was to be
composed of the representatives from the different counties and
towns. Several officers were, also, to be appointed : such as an
admiral, a secretary, a chief justice, a surveyor, a treasurer, a
marshall and register ; and besides these, each county was to
have a sheriff, and four justices of the peace. Three classes of
nobility were to be established, called barons, casiques, and land*
graves ; the first to possess twelve, the second twenty four, and
the third forty eight thousand acres of land, and their possessions
were to be unalienable.
" Military officers were also to be nominated, and all inhabi
tants from sixteen to sixty years of age, as in the times of the
feudal government, when summoned by the governor and grand
council, were to appear under arms, and in time of war to take
the field. With respect to religion, three terms of communion
were fixed."
" First, to believe that there is a God ; secondly, that he is to be
worshipped ; and thirdly, that it is lawful and the duty of every
man, when called upon by those in authority, to bear witness to
the truth — without acknowledging which, no man was to be per
mitted to. be a freeman, or to have any habitation in Carolina.
But persecution for observing different modes and ways of wor
ship, was expressly forbid, and every man was to be left full hb
erty of conscience, and might worship God in that manner, he, in
his private judgment, thought most conformable to the divine
will, and revealed Word."
This theoretical and complex system of government, formed in
the closet, was ill adapted to the circumstances and situation of
a people settling in a wilderness ; and was soon found, in some
respects, impracticable, and in others, extremely inconvenient and
oppressive. The attempts of the proprietors to carry this favorite system
into complete effect, was one of the causes of those serious dis
putes between them and the colonists, which continued with little

g0 POLITICAL AND CIVIL HISTORY
interruption, during the existence of the proprietary government.
The history, indeed, of these governments, particularly those of
Carolina, New Jersey, and Pennsylvania, is little more than a
history of perpetual quarrels between the people and the propri
etors. The difference in the situation of the inhabitants under the
proprietary governments and those under the New England
charter is obvious. In the latter, the people themselves were
proprietors of the lands, as well as sole directors of the govern
ment. When the lands within their charter limits were acquired
from the natives, either by purchase or conquest, they were ac
quired for the benefit of all, and when divided became the abso
lute property of individuals, free from quit-rent.
The New England colonists, therefore, clung to their charters
as to the ark of their political safety, in opposition to the claims
of the king and parliament ; while those under the proprietary
governments, and especially in Pennsylvania, New Jersey, and
Carolina, on the other hand, sought refuge and protection' from
oppression of the proprietors, under a royal government.
To trace the history of the evils and oppressions experienced
by the colonists under these anomalous governments, would lead
us far beyond the limits of our design in this summary. We
would observe, however, that in Carolina religious disputes were
added to those of a political nature, and served to encrease the
animosities between the people and the proprietors.
Through the influence of John Lord Granville, when palatine,
and by the management and corrupt practices of the governor
aippointed by him, the test laws of England were introduced into
that province. In 1 703, an act was passed by which the dissen
ters, as they were called, were deprived of their civil as well as
their religious rights. These acts required all persons thereafter
chosen members of assembly, to take the oath and subscribe a
declaration to conform to the religion and worship of the church
of England ; and to receive the sacrament of the Lord's supper,
according to the rites and usages of that church. A high com
mission court was also constituted, consisting of twenty one lay
persons, who were made a corporation, and vested with full pow-

OF THE UNITED STATES. 61
eVs " to deprive ministers of their livings, at pleasure, not for im
morality only, but for imprudence, or, on account of unreasona
ble prejudices taken against them."* The proprietors were soli
cited in v,ain to reject these oppressive and unconstitutional acts.
A majority of the palatine court, through the influence of Gran
ville, confirmed them ; and the colonists applied for relief to the
house of lords. After a full hearing, that house declared the acts
repugnant to the laws of England, contrary to the charter of the
proprietors, and that they tended to the depopulation and ruin of
the province ; and the Queen was also requested to grant the
Carolineans the relief desired.
The lords of trade and plantations, also, represented to her Ma
jesty, that these acts were an abuse of the powers granted to
the proprietors, and worked a forfeiture of their charter ; and
advised measures to be taken, to resume the government into
her own hands. On these representations, the Queen declared
the laws null and void, and gave directions to the law officers of
the crown, to consider the most effectual mode of proceeding
against the charter, before the courts in England, by quo war
ranto ; " that she might resume the government of the province, for
the protection of her subjects." No further proceedings were at
that time had against the charter, or any further steps taken for
the relief of the people.
The manner in which the proprietors exercised the power reserv
ed to themselves, of repealing or negativing the laws passed by the
colonial assembly created great dissatisfaction among the colonists.
Many laws deemed highly beneficial, and which were very
popular in the colony, were rejected by the palatine court. The
people, at last, from these and other causes, became so exas
perated against the conduct of the proprietors, that they almost
unanimously entered into a solemn agreement or association to
renounce the proprietary government ; and to take the govern
ment into their own hands.
In pursuance of this agreement, in 1719, they proceeded to
elect a governor and council, as well as members of assembly.
* Hewit'g South Carolina, vol. 1, pp. 160, 169.
Vol. I. 9

62 POLITICAL AND CIVIL HISTORY
The persons thus elected met in convention at Charleston, and on
the 21st of December, 1719, published to the world what may be
justly called, so far as respected the government of the proprie
tors, a declaration of independence. This was a memorable era,
in the political annals' of Carolina. This declaration, setting
forth the causes of their renunciation of the old government, was
signed by all the members of the convention ; and in this respect,
as well as others, may be considered as the prototype of the dec
laration made about sixty years after, by all the colonies, renoun
cing the government of the crown itself. It commenced with
stating that " Whereas the proprietors of this province have of
late assumed to themselves an arbitrary and illegal power of re
pealing such laws as the general assembly of this settlement have
thought fit to make for the preservation and defense thereof, and
acted in many other things contrary to the laws of England, and
the charter to them and us freemen, granted ; whereby we are
deprived of those measures we had taken for the defense of the
settlement, being the southwest frontier of his Majesty's territories
in America, and thereby left naked to the attacks of our invete
rate enemies and next door neighbors, the Spaniards, from
whom, through the divine Providence, we have had a miraculous
deliverance," &c.
James Moore, having been elected governor, the convention
concluded with the following declaration : " We, therefore, whose
names are hereunto subscribed, the representatives and delegates
of his Majesty's liege people, and freeborn subjects of the said
settlement, now met in convention at Charleston, in their names,
and in behalf of his sacred Majesty George, &c in consideration of
his (the governor's) former and many great services, having great
confidence in his firm loyalty to our most gracious King George, as
well as in his conduct, courage, and other great abilities ; do
hereby declare the said James Moore his Majesty's governor of
this settlement, invested with all the powers and authorities be
longing and appertaining to any of his Majesty's governors in
America, till his Majesty's pleasure shall be further known."

OF THE UNITED STATES. 63
" And we do hereby, for ourselves, in the name and in the be
half of the inhabitants of the said settlement, as their representa
tives and delegates, promise and oblige ourselves, most solemnly,
to obey, maintain, assist, and support the said James Moore, in the
administration of all affairs, civil and military, within this settle
ment, as well as in the execution of all his functions aforesaid, as
governor for his sacred Majesty King George."
" And further, we do expect and command, that all officers,
both civil and military, within the settlement, do pay him all duty
and obedience, as his Majesty's governor, as they shall answer to
the contrary at their utmost peril. Given under our hands, at the
convention, this 21st day of December, 1719."*
The representatives afterwards assumed the name of assembly,
a name given to legislative bodies in the other colonies ; and took
upon themselves the appointment of all public officers. They al
so proceeded to levy taxes, and do all other necessary acts of
government. The governor ofthe proprietors, attempted, but in
vain, to prevent these proceedings.
The people immediately stated their situation to the crown, and
the king and his council, declared that the proprietors had forfeit
ed their charter, and directed the attorney general to take out a
scire facias against it. The government of the province was as
sumed by the crown, and a royal governor appointed. In 1 728,
in pursuance of ah act of parliament, the king purchased of all
the proprietors, their right of government, and of seven of them,
their rights in the lands of the province.
In the north part of the province, principally settled from Vir
ginia, a government distinct from that further south, was kept up
by the proprietors, and after 1728, the country was divided into
two separate provinces, called North and South Carolina, both of
which continued under royal governments, until the American re
volution. New Jersey was divided, as we have before stated, between
Berkley and Carteret, or their grantees, about the year 1676, into
East and West Jersey. This division continued, and was under the
* Hewit, vol. 1, pp. 276, 277.

64 POLITICAL AND CIVIL HISTORY
government of the different proprietors until 1 702, when the whole
was surrendered into the hands of the crown ; when both were
joined in one commission from the king, and thereafter became a
royal government.
The government of both the Jersies was usurped by Sir Ed
mund Andrus, while governor of New York, and in 1680, he,
among other acts of sovereignty, imposed a considerable duty on
all goods imported iitfo the Delaware, to be collected at the place
called the Hoar Kill. This imposition was resisted by the inhabi
tants, as illegal,for reasons which will be stated hereafter, and was
so declared in England.
The first assembly in West Jersey, was held in November, 1681.
A number of fundamental laws were passed by this assembly,
which were not to be violated by any person nor on any pretence
whatever. Animated with the same spirit of freedom which pre
vailed in the other colonies, they, among other things, declared
and enacted, that there should be a general, free assembly, chosen
by the free people of the province ; that the governor should not
defer the signing and sealing of the acts of the assembly ; that
he should not on any account, raise war, or any military force,
within the province, nor prorogue, nor dissolve the assembly,
nor enact any law, nor impose any custom, nor raise money,
without the consent and concurrence of the general assembly.
They also declared, that no assembly should give to the governor
any tax or custom, for a longer time than one complete year ;
that all officers of trust should be nominated by the general as
sembly ; and that no man should be condemned or hurt, without
the judgment of twelve peers. Great difficulties soon arose be
tween the colonists and the proprietors. In addition to this, the
proprietors, from the sales of small parts of their shares, and the
division of these among the children of the several families, to
whom they descended, became so numerous, as to render it very
difficult for them, to manage the affairs of the province ; and par
ticularly in the appointment of a governor. The shares and
parts of shares, had been so divided and sub-divided, that some
of the proprietors owned but one fortieth part of a forty eight part

OF THE UNITED STATES 65
of a twenty fourth share.* These, with other difficulties, induced
the proprietors to surrender the government to the crown.
The benevolent founder of Pennsylvania, who, as in the case
of Lord Baltimore and the proprietors of Carolina, was invest
ed with powers of government, with the advice and assent of
the freemen, in 1682, before he left England, drew up a frame of
government, as he called it, with a set of fundamental laws for
his new province. These were prefaced with an account of the
origin, as well as the objects of government, together with a re
view ofthe different forms that had been established in the world;
concluding with a very just and patriotic declaration, that the
end of government was " to support power in reverence with ihe
people, and to secure the people from the abuse of power.''''
This system of government, together with the fundamental
laws, received the assent of those who had agreed to accompany
him in his new settlement. One principal object of Mr. Penn,
who was himself a quaker, was to secure an asylum, in the new
world, for those of his own religious persuasion. The system it
self partook of the spirit of its author, and in many respects, dif
fered from the other colonial governments.
It provided, that the government of the province should con
sist of the governor and freemen in the form of a provincial
council and general assembly. The council was composed
of seventy two persons " of most note for their wisdom, virtue,
and ability,'1'' to be chosen by the freemen from among them
selves. One third of the council was to continue three years, one
third two years, the other third one year, and so, in rotation,
one third to be chosen every year, and at the end of seven years,
those before chosen, were incapable of being elected for the year
following, " so that all may be fitted for government, and have ex
perience of the care and burden of it."
That a quorum of the council, " in matters of moment," which
were specified, should consist of two thirds of the whole number,
and ih such matters of moment, the assent of two thirds of such
quorum was necessary.
* Trumbull's History ofthe United States, p. 205.

66 POLITICAL AND CIVIL HISTORY
In matters of " less moment," twenty four constituted a quorum.
The governor wasto preside, Jn this council, and to have three
votes. The general assembly was to consist of representatives, chosen
yearly, not exceeding, at first two hundred ; but might, as the
population increased, be enlarged to five hundred. In the first
year, however, the general assembly was to consist of the whole
number of freemen. The provincial council had the sole power
of originating bills for laws, and for this purpose were to prepare
and propose to the general assembly, such as they, at any
time, should think fit to be passed into laws. These bills were to
be published and affixed in the most noted places, in the inhabit
ed parts of the province, thirty days before the meeting of the
general assembly.
On the ninth day of their meeting, the general assembly were
to give their affirmative or negative to the bills thus proposed.
Before passing upon them, the members of the general assem
bly might confer with a committee of the council, who were to re
ceive proposals for alterations or amendments ; and " the oc
casions and motives" of the bills were, also, to be explained to
the assembly by the governor or his deputy. Not less than two
thirds of the assembly, to make a quorum in the passing of laws,
and in the choice of officers.
The executive power was lodged in the governor and council,
except in the appointment of sheriffs, justices of the peace and
coroners. The freemen, in the county courts, were to elect and
present to the governor, double the number of persons to serve in
these offices : and out of these the governor was to appoint and
commission the proper number for each office. The assembly
were to continue in session, as long as was necessary to impeach
criminals, to pass the bills proposed, into laws, and til] such time,
as the governor and council should declare they had nothing fur
ther to propose.
The provincial council was to be divided into four distinct com
mittees, to which were assigned certain portions of executive and
other business, generally entrusted to the council : 

OF THE UNITED STATES. 67
First, A committee of plantations, " to situate and settle" cities,
ports, market towns and highways, and also to hear and decide
all suits and controversies relating to plantations.
Second, A committee of justice and safety, to secure the peace
of the province, and punish the mal-administration of those who
subvert justice, to the prejudice of the public, or private interest.
Third, A committee of trade and treasury, to regulate all trade
and commerce, according to law, encourage manufactures and
country growth, and defray the public charge of the province.
Fourth, A committee of manners, education and arts — that all
wicked and scandalous living might be prevented, and that youth
might be successively trained up in virtue and useful knowledge,-
and arts.
In this constitution, it was also, very wisely provided, that
in case the governor should be an infant, and no guardians
or commissioners appointed by the father, or if appointed should
decease, the council were to appoint guardians or commissioners,
during such minority, not exceeding three, one of which was to
preside as chief guardian, and with the other two, to have the
power of a governor in the affairs of the province.
This constitution or frame of government was not to be altered
without the consent of the governor and six seventh parts of the
council and assembly.
The fundamental laws amounted to forty, and were not to be
altered but in the same manner as the constitution. On the sub
ject of religious toleration, it was particularly provided, that all
persons, who confessed and acknowledged " the one Almighty
and eternal God, to be the creator, upholder, and ruler of the
world," and held themselves bound in conscience to live peace
ably and justly in civil society, should not be molested, or pre
judiced for their religious persuasion or practice, in matters of
faith and worship, or be compelled, at any time, to frequent or
maintain any religious worship, place or ministry, whatever.*
These laws were to be read every year, at the opening of the
council and assembly, or courts of justice, and their assent to the
* Proud's History of Pennsylvania, vol. 2, appendix.

68 POLITICAL AND CIVIL HISTORY
same " to be testified, by their standing up after the reading
thereof." This system of government, thus estabhshed in England, like
most others formed in the closet, was soon found defective in
practice. In the year 1683, a second frame of goverment was agreed
upon, by the governor and freemen ; in which the territories
purchased by Penn, of the Duke of York, were included.
Among other alterations, the number of the council was reduced
to eighteen, and of the assemby to thirty six, and the division of
the council into committees, for special purposes, was abolished.
William Penn, was personally attached to James II, from
whom he had received many favors ; and on that account,
was suspected of being secretly a Roman Catholic, and fell
under the displeasure of William and Mary, after they came
to the throne ; and he was excepted from their acts of grace.
The government of his province was assumed by the crown ; and
in October, 1692, Benjamin Fletcher, then governor of New York,
was appointed also governor of Pennsylvania. During his admin
istration, serious difficulties arose between him and the assembly.
The new governor paid little regard to the rights and privileges
secured to the people by their charter from Penn ; and of this they
loudly complained. The administration of Fletcher was of short
duration. Convinced of the innocence of Penn, King Wilham,
in August, 1694, restored to him the government of his province.
He did not, however, return to Pennsylvania, until 1699. In
the mean time, he appointed William Markham his deputy ; be
tween whom and the assembly difficulties arose, and some alter
ations were made in the form of government. After the return
of the proprietor, the people insisted on more ample security of
their rights and privileges.
In May, 1700, therefore, the former system was surrendered,
on the engagement of the governor to restore it, with such
alterations as should be deemed necessary. The next year,
a new form of government, or charter of privileges, as it was
called, was established. By this, the legislative body was to

6F THE UNITED STATES. 69
consist of four persons chosen from each county* in the province,
to be called the general assembly. This assembly, consisting of
one house only, had the power of proposing bills and enacting such
laws as they thought proper, and " all other powers and privi
leges of an assembly, according to the rights of the free born sub
jects of England, and as is usual, in any of the king's plantations
in America." The laws passed by this assembly, were subject to
the negative of the governor or his deputy. To the proprietor
was left the appointment of a council, called council of State, to
assist and advise him or his deputy, in all public affairs ; and in
his absence, or. the death and incapacity of his deputy, to exercise
the power of government.
This council had no share in legislation, except by their advice
to the governor, in relation to laws passed by the assembly. The
executive power was left with the governor, with the exception of
the appointment of sheriffs and coroners. The freemen in each
county were to elect two persons for each of these offices, and
present them to the governor ; and one of the persons thus pre>-
sented was to be selected .by him.
The same provision was made in this charter, in favor of reli
gious toleration, as in the fundamental laws before mentioned.
This form of government remained until the American revolu
tion ; and some of its important features, and particularly, that
the legislature should consist of one body only, were incorporated
in the first constitution of the State of Pennsylvania ; and the
sheriffs and coroners, are still selected in the same manner, under
the present constitution of that State. The new charter did not,
however, prevent future disputes between the proprietors and the
Pennsylvania colonists. The claim of the former, to have their
property, in a great measure, free from taxes, although laid for
the express purpose of defending the province, and securing that
property ; and thereby exempting themselves from the burden of
such expense, justly incensed the colonists. Their deputy govern
ors had instructions to agree to no money bill, but such as should
exempt the greatest part of their property.
The assembly, in 1 757, declared such instructions to be arbitra
ry and unjust, an infraction of their charter, a total subversion of
Vol. I. 10

70 POLITICAL AND CIVIL HISTORY
their constitution, and a manifest violation of their rights, as free
born subjects of England.
The house, at the same time, unanimously resolved, " that it
was highly necessary that a remonstrance should be drawn and
sent home, setting forth the true state of Pennsylvania, and rep
resenting the pernicious consequences to the British interest, and
to the inhabitants ofthe province, if, contrary to their charter and
laws, they were to be governed by proprietary instructions."
Doctor Franklin was appointed agent to present this remon
strance to the King ; and for that purpose, went to England in
the summer of 1757. Finding the court, as well as the people in
general, ignorant of the true situation ofthe province, and ofthe
nature of their disputes, (having only heard the story of the pro
prietors,) he drew up and published, but without his name, " an
historical review of the constitution and government of Pennsyl
vania, from its origin, so far as regards the several points of con
troversy, which have, from time to time, arisen between the seve
ral governors of that province and their several assemblies."
This very able work, comprised in one volume, was published
in 1759, and produced a change of sentiment in favor ofthe pro-
vincialists. The proprietors, sensible of this change, finally proposed to
Dr. Franklin, that their estates should not be assessed beyond
their proportion. To this he assented, and the business was thus
for the present closed. The proprietors, however, were afterwards
dissatisfied with this concessioh, and again claimed to have their
estates exempt from taxation ; this, with other difficulties, so ex
asperated the assembly and the people, that in 1764, they agreed
Hpon a petition to the king, praying for a change from a proprie
tary to a royal government.
Dr. Franklin was appointed agent to obtain this important
alteration; and for this purpose, in 1765, went again to Eng
land. Other more important disputes, however, between the
parent country and all the American colonies and provinces, in
consequence of the stamp act, intervened ; and ultimately libera
ted Pennsylvania from a royal, as well as proprietary government.

OF THE UNITED STATES. 71
In the royal governments, the governor and the council were
appointed by the crown, and the people elected representatives
to serve in the colonial legislatures. The governor held his office
by a commission from the king, and was to be governed by such
royal instructions, as he from time to time received. The coun
cil derived their authority, both executive and legislative, from the
same instructions. ¦ In their legislative capacity, they constituted
the upper house, having a negative on the acts of the representa
tives ; and in their executive capacity, they acted as advisers of
the governor. The latter had a negative on the acts of both
houses ; and the acts themselves, though approved by the govern
or, were finally subject to the revision of the crown. The judges
and most of the other officers were, also, appointed by the king.
The judges held their offices during the pleasure of the crown ;
and the governor, as well as 'the judges, were at first dependent
upon the colonial legislatures for their salaries.
Admiralty courts were, also, established in the colonies, by the
crown, with an extent of jurisdiction, beyond- similar courts in
England. These courts had cognizance of all breaches of the acts con
cerning navigation and trade, as well as those, which were
in the nature of revenue acts ; and proceeded, contrary to the
usage in such cases, in England, without the intervention of a
jury. This practice prevailed in the colonies, no doubt, from this
circumstance, that the acts of trade and navigation, as well as the
revenue acts, were extremely unpopular in the colonies ; and it
was found very difficult to procure convictions, for breaches of
them, when the people themselves were judges. The courts of
admiralty, were therefore instructed to proceed without a jury.
This was a subject of great complaint, on the part of the colo
nists, and particularly at the commencement of the revolution.*
And it is not a little singular, that this practice still continues in
the United States, even under the present constitution,
During the existence of the London company, the affairs of Vir
ginia were managed by a governor and council appointed by the
* See Kent's Commentaries.

72 POLITICAL AND CIVIL HISTORY
company, until 1619, when a general assembly was called by the
governor, consisting of " two burgesses, chosen from every town,
hundred, and plantation, by the inhabitants, to decide conjointly
with the governor and council, by the greatest majority of voices,
in all matters of concern, relating to the colony." This assembly
was held at James Town, and was the first legislative assembly
held in America.* In July, 1621, a more permanent and perfect
form of government was established by the company. By an or
dinance of that date, for the better government of the colony,
two supreme councils were constituted, one to consist of a coun
cil of state, appointed by the company, to assist the governor ;
the other of the council of state and two burgesses, chosen
out of every town, hundred, and plantation, by the inhabitants.
This council was called " the general assembly, wherein all mat
ters were to be decided, determined', and ordered, by the greater
part ofthe voices. then present, reserving to the governor, always,
a negative voice."
This assembly had power " to make, ordain, and enact such
general laws and orders, for the behoof of the colony, and the
good government thereof, as, from time to time, should appear
necessary and requisite."
In all other things, the assembly was required to follow " the
policy of the form of government, laws, customs, and manner of
trial, and other administration of justice, used in the realm of
England, as near as may be."! No law or ordinance, howev
er, made by the general assembly, was to be of force or va
lidity, unless confirmed, in a general quarter court of the com
pany in England, and returned under their seal ; and no or
ders of the court in England, were to bind the colony, before
they were ratified, in the same manner, by the general assembly
in Virginia.
This form of government was too popular to please the despo
tic James ; and this, among other things, no doubt, produced
a determination to deprive the company of their charter.
* Stith and Burke, -f Stith, appendix.

OF THE UNITED STATES. 7b"
Some of the most influential members of the company, were, also,
among the most popular leaders in the house of commons, and
opposed with great boldness the arbitrary measures of the King.
Sir Edwin Sandys, one of the company, had been imprisoned,
by a royal order, for his conduct in parliament.- The mem
bers of the company having refused to surrender their char
ter ; a quo warranto was issued in 1624, and judgment ren
dered against the company ; and their rights became vested
in the crown. The share, in legislation, acquired by the peo
ple of the colony, had reconciled them to the government,
of the company ; and they were apprehensive, that, by a rev
ocation of the charter, they should lose a right, thus secured.
Pending the contest about the charter, in a letter to the privy
council they humbly requested " that the governors might not
have absolute power, and that they might retain the liberty of
their general assemblies, than which," they say, " nothing could
more conduce to the public satisfaction and public utility."*
The apprehensions of the Virginians were soon realized. After
the abolition of the charter, some years elapsed before a regular
government was established.
General assemblies were not regularly called by the royal go
vernors ; and the people felt the hand of oppression, particu
larly during the administration of Harvey. It was not until 1639,
that the people were again permitted to have a regular share in
the government. In that year, Sir William Berkley, had particu
lar instructions to issue writs for electing representatives, who,
in conjunction with the governor and council, were to form a
general assembly, and to possess supreme legislative authority
in the colony. ,
During the civil wars in England, the colonists of Virginia, under
the administration of Berkley, who had become popular, adhered to
the royal cause ; in consequence of which they became obnoxious
to the ruling party in England.
In October, 1650, parliament having obtained the supremacy,
declared Virginia in a state of rebellion, and authorised the coun->
* Stith, p. 315, and Burke, vol. I, p. 277.

74 POLITICAL AND CIVIL HISTORY
cil of state to reduce the colony to obedience ; and all trade with
the same was, also, prohibited. Soon after this, the council sent
an armed force, accompanied by commissioners, with instructions,
to use force, if necessary, to reduce the colony. The commission
ers were authorized, among other things, in case of submission,
to give liberty to the inhabitants, " to choose such burgesses as they
shall think fit, for the better regulating and governing of affairs
there ;" provided nothing be done contrary to the government of
the commonwealth of England, and the laws there establish
ed.* The governor of Virginia prepared to resist this force, but
honorable and liberal terms of capitulation were finally offered
and accepted, in March, 1651. By these it was agreed among
other things, that the inhabitants of the colony, should remain
in due obedience and subjection to the commonwealth of Eng
land ; should enjoy such freedom and privileges as belonged to
the free born people of England ; and that the former govern
ment, by commissions and instruction, be null and void ; that
the grand assembly should convene and transact the affairs of
the colony ; but nothing was to be done contrary to the laws
ofthe commonwealth.
That they should have " as free trade as the people of England
do enjoy, to all places and with all nations, according to the
laws of that commonwealth, and enjoy all privileges, equal
with any plantations in America ; and likewise be free from all
taxes, customs, and impositions whatsoever, and none to be
imposed upon them, without the consent of the grand assem
bly."] The political state of this colony, from the time of this capitula
tion, to the restoration of Charles II, has not, uniil lately, been
perfectly understood. The early historians of Virginia, have
stated that, during this period, the people of that colony were in
entire subjection to the oppressive government of Cromwell; and
that the acts of parliament in relation to trade were there rigid
ly enforced, while they were relaxed, in favor of the New England
<¦ Hazard, vol. 1, p. 557. f Hazard, vol. 1, p. 561, and Burke, vol. 2, p. 88.

OF THE UNITED STATES. 75
colonies. Recent researches, however, into the records of that
ancient colony prove these statements to be incorrect.*
Under the articles of capitulation, parliament and the Lord
Protector, left the inhabitants of the colony, to govern themselves.
The burgesses or grand assembly elected their governor and
councillors, and all other officers, and the people enjoyed a free
trade with all the world.
The inhabitants indeed, expected instructions and orders from
England, concerning the government, but none were sent, during
this whole period. The commissioners of parliament assumed
the government for a short period, but in April, 1652, the grand
assembly met, and with the consent of the commissioners, pro
ceeded to elect a governor and councillors. Richard Bennet,
one of the commissioners, was appointed governor, until the fur
ther pleasure of the commonwealth should be known. In 1655,
Edward Digges was chosen governor by the house of burgesses,
and after him, in 1657, Samuel Matthews. The governor and
council claimed the right of appointing officers, and of dissolving
the house of burgesses ; but this claim the house strenuously op
posed, and in April, 1658, made the following spirited declara
tion: " We, the burgesses, do declare, that we have in ourselves, the
full power of the election and appointment of all officers in this
country, until such time as we shall have orders to the contrary,
from the supreme power in England."
They, at the same time, declared, that they were not " dissolv
able" by any power yet extant in Virginia, but their own ; and
that all former elections of governor and council be null and void.
They then appointed Samuel Matthews governor, and declared,
that, for the future, none be admitted a councillor but such as
* See Burke, vol. 2, and particularly Henning's Statutes at large. The publication
of these statutes, comprising the whole from the commencement of the colony of
Virginia, in thirteen or fourteen volumes, throw much light on the history of that col
ony, and do great credit to the industry and researches of the publisher and to the
State, under whose patronage, it is understood, the publication was made. Would
'^very State patronize a similar work, much would be added to the history of each^

7 g POLITICAL AND CIVIL HISTORY
should be nominated and confirmed by the house of burgesses.
After the resignation of Richard Cromwell, the house expressly
declared, that the supreme power of government should reside in
the assembly, and that all writs issue in the name of the " grand
assembly of Virginia, until such a command and commission
come out of England, as should be by the assembly judged law
ful." At the same session, Sir William Berkley was appointed
governor, and by a special act he was directed to call an assembly
once in two years, at least, and oftener if necessary. He was em
powered to choose a secretary and council of State, with the ap
probation of the assembly, and restrained from dissolving the
legislature, without the consent of a major part of the house.*
The colonists of Virginia, or a majority of them, were episcopal
ians, and attached to the church of England ; the religion of that
church, indeed was established by law in the colony ; and there
can be little doubt, that they were attached to the royal cause, and
rejoiced at the restoration of the king. Soon after this event, Sir
William Berkley was appointed governor by Charles IL with in
structions to summon an assembly, according to the usage of the
colony, and to declare a general act of indemnity, with the ex
ception of such, as were concerned in the death of Charles I.
Great discontents, however, soon prevailed in Virginia, as well as
in the other colonies, in consequence of the navigation acts passed
in the early part of the reign of Charles II ; and their, rigid exe
cution, in that colony in particular. These discontents were in
creased by very improper grants made by the crown, of large
tracts of lands, interfering with grants and settlements previously
made. The people of Virginia, also, were extremely desirous of
greater security in their civil government and rights. They were
now dependant on royal instructions, for their share in legislation;
and these instructions, as claimed by the crown, might, at any time,
be withdrawn, or altered, at its pleasure. To obtain relief against
these improper and extensive grants, as well as to procure a more
perfect and permanent system of civil government, the Virgini
ans, in 1674, sent agents to England.
* Henning's Statues, vol. 1, pp. 505, 506.

OF THE UNITED STATES. 77
By the exertions of these agents, the king and council granted
all their requests, and directed a charter to be drawn for the fu
ture civil government of the colony. By this, the king engaged,
that the governor should reside in the country, unless his attend
ance in England or elsewhere, should be required by him. It was
particularly provided —
" That no manner of impositions or taxes should be laid or im
posed upon the inhabitants or proprietors, but by common consent
of the governor, council, and burgesses, as had been heretofore
used, provided that this concession be no bar to any imposition,
that may be laid by act of parhament here, on the commodities
that come from that country."
The power and authority of the grand assembly, consisting of
governor, council, and burgesses, were also ratified and confirmed ;
with a reservation of a right in the crown, to revoke or repeal
any law passed in the colony. This charter went through all the
forms, except that of affixing the great seal ; but in this last
stage it was stopped, and the lord chancellor, at last, directed not
to put the great seal to the patent.* The agents petitioned for
its completion, but in vain. The rebellion in Virginia under
Bacon, and the opposition to the navigation acts in America, and
particularly in New England, which about that time became more
known, prevented the completion of this charter. A charter was
granted to the coloily in 1677, but with the exclusion ofthe most
essential parts, contained in the draft of the first, particularly the
part relating to taxes, and the confirmation of the powers of
the grand assembly. With this the Virginians were obliged to
be content, until 1776, when they made a charter for themselves,
independent of the crown.
New York, when in the possession of the Dutch, was under the
management of a governor or director general, and a council,
who held their places under the authority of the Dutch West In
dia company. All legislative, executive, and judicial powers were
vested in the governor and his council. They had the sole man
agement and direction of the whole affairs of the colony. They
* Chalmers, p. 331, and Burke, vol. 2.
V®L. I. 11

78 POLITICAL AND CIVIL HISTORY
made laws, appointed officers, and decided all important contro
versies. In 1641, the governor and council permitted certain English
men, to settle in the Dutch territory ; and under this permission,
several towns at the west end of Long Island, were settled ; and
the inhabitants were vested with the privilege of electing their
own magistrates ; subject, however, to the negative of the govern
or. The unlimited powers entrusted to the governor and council,
and the manner in which they were exercised, produced great
discontents among the inhabitants. In 1653, the people, dis
satisfied with the abitrary conduct of their rulers, in rejecting
their favorite magistrates, and in making grants of land ; and feel
ing the want of a more regular system of government and laws,
determined to seek redress. For. this purpose, a convention of
delegates from several towns was held, at the city of New Am
sterdam, and agreed on a spirited remonstrance. Among other
things, they complained, that the people were excluded from
all share in making laws, and in the appointment of magistrates.*
This remonstrance gave great offense to the governor and coun
cil, and they entered their protest against the meeting itself.
Unable to obtain redress or any share in the government, the
people became more dissatisfied; and many of them were not
unwilling to surrender the colony to the British, when it was de
manded not long after, by Col. Nichols, in the name of the
British crown.
In 1664, the Dutch colony was surrendered to Nichols, and on
terms favorable to the inhabitants. The Dutch governor, Stuy
vesant, was determined to resist, but the people were not dispos
ed to support him.
In a proclamation, issued by the King's commissioners, previous
to a surrender, the inhabitants, in case of submission, were promis
ed, not only protection in their persons and property, but " all
other privileges with his Majesty's subjects."! In this, however
they were for a long time disappointed. Until 1683, the people
were deprived of all share in the government. Until this period,
* Weed's Sketch of Long Island. t Smith's History of New York, p. 43.

OF THE UNITED STATES. 79
they in vain solicited to be represented in an assembly, as in the
other English colonies. All the powers of government were vest
ed in a governor and council ; and some of these were the fit in
struments of the despotic James. The famous Sir Edmund Andrus
was appointed governor in 1674 ; and he strongly opposed these
just claims of the people. His conduct was approved by his royal
master, who afterwards said to him, " you have done well to dis
courage any mention of assemblies, of which the inhabitants aro
desirous, as they are neither in your instructions, nor consistent
with your power of government."*
The prince, however, was at last compelled to yield to the re
peated, and earnest solicitations of the people on this point. Tho
mas Dongan, a new governor, in 1683, brought with him instruc
tions to call an assembly, to consist of his council and of the rep
resentatives of the freeholders ; and in October of that year, an
assembly was called, and the people, for the first time, had a share
in the government of that colony.
The people, however, did not at once experience all the advan
tages expected from this change. They, also, as well as New
England, were doomed to feel the effects of the arbitrary and
despotic principles of the reigning prince, and to be justly alarm
ed for the protestant faith.
Dongan was a Roman catholic, and under his administration
many of his persuasion began to settle in the colony, and held
some of the first offices. The collectors of the revenue, and other
principal officers, at last, openly declared in favor of the Roman
catholic religion.
This excited the indignation of the people, and the seizure of
Sir Edmund Andrus, at Boston, encouraged, them in their oppo
sition. Jacob Leisler, a man not before much known, with his son in
law, Milbourne, placed themselves at the head of the opposition ;
and with the militia, who joined them, seized the fort. Dongan had
resigned the government to Francis Nicholson, who was lieutenant
governor, and embarked for Europe. Leisler and hjs adherents,
* Chalnysrs, p. 581.

80 POLITICAL AND CIVIL HISTORY
in June, 1689, signed a declaration in favor of the prince of Or*
ange, engaging to submit to such orders as should be received from
him. During this interregnum, the province was thrown into the
utmost confusion.
The mayor of the city and other influential men refused to
join Leisler. He, however, called to his assistance several per
sons, denominated a committee of safety, and managed the af
fairs of the government ; and the lower part of the province sub
mitted to his authority. The mayor and many others, refu
sed to submit to one whom they deemed, an usurper, and re
tired to Albany ; where the people formed themselves into a con
vention, and determined to hold that city, independent of Leisler
and his party, and in favor of the prince of Orange. In the mean
time, William had been placed upon the British throne, and des
patches from the new government arrived at New York in De
cember, directed " to Francis Nicholson, or, in his absence, to
such as, for the time being, took care for preserving the peace and
administering the laws, in their Majesty's province of New York,
in America." These despatches authorised Nicholson, to take
upon him the command, with the assistance of as many of the
principal freeholders, as he should think fit, and "to do every thing
appertaining to the office of lieutenant governor, according to
the laws and usages of New York, until further orders." Nichol
son having left the province, Leisler considered himself as having
the care of the province, and under these orders, assumed the
government. He established a council, appointed officers, and
issued commissions in his own name, under the title and authori
ty of lieutenant governor. The people at Albany, however, refus
ed to submit to his assumed authority, until compelled by a superi
or force, which he sent against them. The principal members of
the convention fled into the neighbouring colonies, and their
estates were confiscated. These extraordinary proceedings crea
ted a deadly animosity between these parties, which was long felt
*n that province.* * Chalmers' Annals, and Smith's History of New York.

OF THE UNITED STATES. 81
In this distracted state of the province, Henry Slaughter arrived
as governor, under William and Mary; and in March, 1691, pub
lished his commission. By some strange infatuation, Leisler re
fused, at first, to deliver the fort to the new governor, when de
manded ; pretending that he did not know him ; and declaring
" he would own no governor, without orders, under the King's
own hand."
A second demand for the delivery of the fort was made, and a
refusal given on the part of Leisler. The governor then ordered
a ship of war to attack the fort. Before this was done, Leisler
sent his secretary, Milbourne, and one Mr. Lenoy, to enter into
terms of capitulation. These envoys the governor seized, and
without entering into any treaty, immediately secured. An offi
cer was then sent, to, seize Leisler and his council; and to order
his men to lay down their arms. After some debate, most of
the men submitted, and Leisler and his council were seized and
brought before the governor.
By the advice of the new council, who were the enemies of
Leisler, they were immediately tried for treason, and condemned.
The governor was strongly solicited to put their sentence into
immediate execution, but he was resolved to wait the pleasure of
the King.*
The enemies of Leisler and Milbourne were greatly disappoint
ed at this ; and determined upon their destruction, took advantage
of the weakness of the governor, at a feast, to which he had been
invited, and obtained a warrant for their execution, which was
immediately enforced. A complaint was afterwards presented to
the king, against the governor, by the son of Leisler.
The lords commissioners of trade, to whom this complaint was
referred, reported that these persons " were condemned and had
suffered according to law ;" but their estates were restored
to their families, by order of her majesty ; and afterwards their
bodies were taken up and interred, with much ceremony, in the
old Dutch church in the city of New York.! Governor Slaughter,
immediately after his arrival, summoned an assembly, which met
* Slaughter's Letter in Chalmers, p. 611. t Smith's History, p. 128.

82 POLITICAL AND CIVIL HISTORY
on the 9th of April. A majority in this assembly had been op
posed to Leisler ; and they declared his proceedings to be illegal,
against the rights of the king, and that his holding the fort,
against the governor, was an act of rebellion.
The meeting of this assembly, being the first after the revolu
tion in England, constitutes a new era in the political history of
New York.
This assembly declared, "that all the laws consented to by the
general assembly, under James, Duke of York, and the liberties
and privileges therein contained, granted to the people, and de
clared to be their rights, not being observed, nor ratified and ap
proved by his royal highness, nor the late king, are null and void,
and of none effect ; and also, that the several ordinances, made by
the late governors and councils, being contrary to the constitution
of England, and the practice of the government of their majesties'
other plantations in America, are likewise null and void, and of
no effect, within this province." Having thus disposed of the
former laws and ordinances of the province, they proceed *and
pass " an act declaring what are the rights and privileges of their
majesties' subjects inhabiting within their province of New York."
This act, which embraced the great principles contained in mag
na charta, will be noticed hereafter, when on the subject of the
rights and privileges claimed by the colonists generally.
Governor Slaughter died, in July, 1691 ; and he is represented,
by the author of the history of New York, as " utterly destitute of
every qualification for government, licentious in his morals, ava
ricious and poor."*
He was succeeded by governor Fletcher, who was a soldier,
a man of strong passions, and small capacity. Bigoted to the
church of England, he was determined on the establishment of
English ministers of that church in the province ; and to have
himself the right of induction and collation.
This subject he often earnestly recommended to the considera
tion of the assembly ; but a majority of the house, attached to
the Dutch mode of worship, were strongly opposed, and at
-* Smjth, p. 121,

OF THE UNITED STATES. 83
first refused even to bring in a bill on the subject. This drew
from the governor an angry rebuke, in his speech, at the close of
the session, intimating that they were more attentive to their
civil rights than the subject of religion.
" The first that I did recommend to you, at our last meeting,"
says the governor " was to provide for a ministry, and nothing is
done in it. There are none of you, but what are big with the privi
leges of Englishmen and magna charta, which is your right ; and
the same law doth provide for the religion of the church of Eng
land, against Sabbath breaking, and all other profanity. But as
you have made it last, and postponed it this session, I hope you
will begin with it the next meeting, and do something toward it
effectually." The same subject being again pressed, by the governor, the
next session ; the house passed a bill, for the settling a ministry in
several parishes, in four counties ; but the right of presentation
was given to the people. The council proposed an amendment,
thafthey should be " presented to the governor, to be approved
and collated." To this amendment, the house refused their as
sent, and returned the bill, praying that it might pass, without
the amendment, as in drawing it, they had " a due regard to
that pious intent of settling a ministry, for the benefit of the peo
ple." The governor took fire, at this " stiffness," as he called it,
of the house, and in an angry and» illiterate speech, dismissed
the assembly. A part of this speech we here present, because it
not only evinces the character of the governor, but shows how
little the British administration attended to the qualifications of
those whom they sent to govern the colonists. " There is also a
bill, gentlemen," says the governor, " for settling a ministry in this
city and some other counties of the government. In that very
thing, you have shown a great deal of stiffness."
" You take upon you as if you were dictators. I sent down to
you an amendment of three or four words, in that bill, which,
though very immaterial, yet was positively denied. / must tell you
it seems very unmannerly. There never was an amendment yet
desired by the council board, but what was rejected. It is the
sign ofa stubborn ill temper, and this have also passed,"

84 POLITICAL AND CIVIL HISTORY, &c.
" But, gentlemen, I must take leave to tell you, if you seem to
understand by these words, that none can serve without your col
lation or establishment, you are mistaken. For I have the power
of collating or suspending any minister in my government, by
their majesties' letters patent ; and whilst I stay in the govern
ment, I will take care that neither heresy, sedition, schism, or re
bellion, be preached among you, nor vice and profanity encour
aged."* The Earl of Bellamont, not long after, succeeded Fletcher, and
was governor not only of New York, but of Massachusetts and
New Hampshire. From this period to the time of the American
revolution, the political annals of the province of New York, pre
sent little more than a constant struggle for prerogative on the
part of the crown, and for rights on the part of the people.
These disputes related principally to the formation and dura
tion of assemblies, the imposition of taxes, the estabhshment of
permanent revenues, and the regulation of courts, and will be no
ticed in the succeeding chapter. * Smith, p. 141

CHAPTER III.
Colonists consider themselves entitled to the rights of Englishmen — Claim the right
of representation-— Disputes with the crown on this subject — Opinions of eminent
lawyers on this question — Declaration of rights by the assembly of New York in
1691 — Declarations of the colonies at various times on the right of taxation — Vari
ous acts of parliament restricting the trade and manufactures of the colonies — The
origin and causes of these acts — Their effects in the colonies and opinions concern
ing them — Mode of enforcing them — Board of trade and plantations established —
Objects and powers of this board— ^Rice included among the enumerated commodi
ties in a clandestine manner — Acts of parhament concerning hats and hatters —
Manufacture of iron aud steel prohibited— Slitting mills, plating forges and furnaces,
in the colonies declared common nuisances — Governors ordered to destroy them —
Principles" and opinions of English writers concerning the trade and manufactures of
the colonies.
The .colonists, from their, first settlement considered themselves
entitled to the rights of Englishmen, as secured by magna charta,
and confirrhed by the bill of rights.
The most important of these rights, were those of representa*
Hon. and taxation. To have a share in making the laws by which
they were to be governed, as well as in the imposition of taxes
they were to pay, they" always claimed as their birthright.
Under the charter and proprietary governments, the colonists
were secured in the right of representation, by solemn compacts
with the crown ; but in the royal governments, this right was not
conceded, but depended, as claimed by the crown, on royal au
thority alone.
This important question was agitated at an early period, as we
have before stated, in the province of New York. About the
time of the revolution in England, it was a subject of debate in
that province, whether the people had a right to be represented in
the assembly, or whether it was ^.privilege to be enjoyed through
the favor of the crown.* This question was settled in favor of
the right, on the part of the people, by the act to which we have
* Smith, p. 127.
Vol. I. 12

86 POLITICAL AND CIVIL HISTORY
before alluded, passed in 1691, declaring the rights and privileges
of the people of that province. By this act it was declared, that
the supreme legislative power and authority, under their majesties,
should forever be and reside in a governor in chief, and council,
appointed by their majesties, their heirs and successors ; and in
the people, by their representatives, met and convened in general
assembly. That the governor, with the advice of his council, was
to administer the government, according to the laws of the pro
vince, and for any defect therein, according to the laws of Eng
land and not otherwise ; and in case of the death or absence of
the governor, the oldest councillor was to officiate as governor,
that a general assembly should be held, once every year, and that
every person having a freehold of forty shillings per annum, should
have a vote in the choice of representatives. The act also de- ,
signated the number of representatives, to be chosen in the cities,
manors, and counties, prescribed the mode in which the house
should be organized, and authorized the representatives to ad
journ from time to time, as they should think fit. This act, how
ever, was disallowed by the king, in 1697. The governor claimed
the right of calling the assembly, when he pleased, and after the
representatives were chosen, of continuing them at his pleasure,
without a new election. The manner in which this power was
exercised, created violent disputes between the governors and the
people. During the administration of Cosby, one assembly was contin
ued six years. The people solicited the governor for a new elec
tion, but in vain ; and he was equally regardless of the repeated
requests of the house to be dissolved. During the continuance of
this assembly, laws were passed, declaring and enacting, that no
assembly should continue longer than three years, and that an as
sembly should be held, at least once a year ; but to these the gov
ernor refused his assent. The continuance of the same assembly
for a long time, and the distribution of offices among the mem
bers, the governors, no doubt, considered the best mode of obtain
ing a majority favorable to their views, and particularly in secur
ing a large salary to themselves, a principal object with most of

OF THE UNITED STATES. 87
them. To prevent the influence of the governor by the distribu
tion of offices among the members, bills were introduced prohibit
ing any member from accepting an office of profit, after his elec
tion, but did not pass. During the administration ofthe success
or of Cosby, a law was finally obtained, limiting the duration of
assemblies to three years. This law, however, was negatived by
the king, because it was " a high infringement upon the preroga
tive ofthe crown."*
To compel the governor to convene the legislature once a year,
the assembly of New York utterly refused to grant a revenue but
or that short period.
In pursuance of royal instructions, the governors repeatedly
urged the establishment of a permanent revenue, and particularly
required that the same be placed at the control of the governor
and council. This was resisted by the house, and in the year
1737, an address was presented to lieutenant governor Clark, on
this and other subjects, couched in the spirited language of injur
ed freemen. After stating the importance of frequent elections,
to prevent the improper use of power, declaring that checks and
balances were necessary for the preservation of the liberty and
happiness of any country ; on the subject of revenue, they say,
" we, therefore, beg leave to be plain with your honor, and hope
you will not take it amiss, when we tell you, that you are not to
expect, that we either will raise sums unfit to be raised, or put
what we shall raise, into the power of a governor to misapply, if
we can prevent it; nor shall we make up any other deficiencies,
than what we conceive are fit and just to be paid, or continue
what support or revenue we shall raise, for any longer time than
one year ; nor do we think it convenient to do even that, until
such laws are passed, as we conceive necessary for the safety of
the inhabitants of this colony, who have reposed a trust in us, for
that only purpose, and which, we are sure, you will think it reason
able we should act agreeably to ; and by the grace of God, we
shall endeavor not to deceive them."! The question respecting
the duration of the assembly, was settled, under the administra-
* Chalmers' opinions of eminent lawyers, on points concerning the colonies, vol. 1,
p. 1891 t Continuation of Smith's History of New York, p. 421.

88 POLITICAL AND CIVIL HISTORY
tion of Clinton, in 1743. The house were obhged, at last, to
yield their assent to a septennial act. The evils experienced in
this province, from this extraordinary power in the crown, were
such, that, when, in 1775, the convention of the people of that
province, drew up certain terms of reconciliation with the parent
country, one of them was, that the duration of assemblies should
not exceed three years. In the royal governments various ques
tions came before the king, in relation to laws passed by the
colonial legislatures, regulating the assemblies. The law-officers of
the crown were consulted on these questions, and their opinions
given, that the king could alter such laws at pleasure. These
opinions were founded on the idea, that the right of representa
tion in the colonies, depended solely on the will of the king. On
a question from New Jersey, in 1 723, with respect to the number
of representatives, from certain counties or places, the attorney
general, Raymond, advised the king that he might regulate the
number to be sent from each county or place, or might restrain
them from sending any, at his pleasure ; giving as a reason, " that
the right of sending representatives to the assembly, and the quali
fications of the elector and elected, were founded originally on the
instructions given by the crown, to the governor of New Jersey."*
In 1 747, on a similar question from New Hampshire, the celebrated
lawyers, Ryder and Murray, informed his majesty " that as the
right of sending representatives to the assembly, was founded
originally on the commissions and instructions given by the crown,
to the governors of New Hampshire, his majesty may extend the
privilege of sending representatives to such new towns, as his ma
jesty should judge to be, in all respects, worthy thereof."*
These questions could only be settled by a revolution ; and the
arbitrary and illegal manner, in which this portion of the royal
prerogative was exercised, particularly in calling and dissolving
assemblies, was one of the grievances stated in the declaration of
independence. With respect to the great and important rights of personal se
curity and of private property, some of the first acts, which appear
* Chalmers' opinions of lawyers, &c. vol. 1, pp. 268, 272.

OF THE UNITED STATES. 89
on the records of most the colonies, declare, " that no man's life
shall be taken away, no man's honor or good name be stained,
no man's person be arrested, restrained, banished, or any way
punished ; that no man's goods or estate be taken away from
him, or in any way endamaged, unless it be by virtue of some
express law ofthe colony, warranting the same, estabhshed by the
general court and sufficiently published."
In regard to the imposition of taxes, the colonial legislatures at
various times passed declaratory acts.
In 1636, the assembly ofthe Plymouth colony declared, " that
no act, imposition, law, or ordinance be made or imposed up
on us, at present, or to come, but such as has or shall be
enacted by the consent of the body of the freemen, or their repre
sentatives, legally assembled ; which is according to the free lib
erties of the free born people of England."*
In 1650, when the constitution of Maryland was settled, the
legislature of that province passed " an act against raising money
without the consent of the assembly," declaring, " that no taxes
shall be assessed or levied on the freemen of the province without
their own consent, or that of their deputies, first declared in a
general assembly."!
In 1661, the general court of Massachusetts, declared that
" any imposition prejudicial to the country, contrary to any just
law of their own, (not repugnant to the laws of England,) was
an infringement of their right."!
In March, 1663 — 4, the assembly of Rhode Island declared, in
the words of magna charta, that " no aid, tax, tallage, or custom,
loan, benevolence, gift, excise, duty, or imposition whatsoever,
shall be laid, assessed, imposed, levied, or required, of or on any
of his Majesty's subjects, within this colony, or upon their estates,
upon any manner of pretence or color, but by the assent of the
general assembly of this colony."|| In the year 1692, the assem
bly of Massachusetts made a similar declaration.
This was in accordance with the views of the agents of that co
lony, who procured and assented to the new charter. Among the
* Bradford, Vol. 1, p. 269. Note. i Hutchinson, vol. 1, p. 456.
t Chalmers' Annals, p. 220. II Records of Rhode Island.

90 POLITICAL AND CIVIL HISTORY
reasons given by them for their acceptance of that instrument,
one was, that " the general court had, with the King's approba
tion, as much power in New England as the King and parliament
had in England ; they have all English privileges, and can be
touched by no law, and by no tax, but of their own making."*
The act of New York concerning their rights and privileges, to
which we have alluded, passed in 1691, contained the same dec
laration relative to taxes, and although this, as well as the act of
Massachusetts, was repealed by the King, in 1697, yet they shew
the sense of the people of these provinces, on this great question,
at that early period. The assembly of New Jersey not only made
the same declaration, with respect to the right of taxation, but
resisted the collection of duties on goods brought into the Dela
ware, arbitrarily imposed by Sir Edmund Andrus, in 1680. In a
hearing before the commissioners of the Duke of York, on the
subject of these duties, the colonists of New Jersey, claiming under
Berkley and Carteret, do not hesitate to declare them ille
gal and unconstitutional, because imposed without their consent.
They stated to the commissioners, that the Duke of York grant
ed to those, under whom they claimed not only the country itself,
but " the powers of government." " That, only," they subjoined,
" could have induced us to buy it, and the reason is plain, because
to all prudent men, the government of any place is more inviting
than the soil ; for what is good land, without good laws ; the bet
ter the worse : and if we could not assure people of an easy, and
free, and safe government, both with respect to their spiritual and
worldly property, that is, an uninterrupted liberty of conscience, and
an inviolable possession of their civil rights and freedom, by a just
and wise government, a mere wilderness would be no encourage
ment : for it were madness to leave a free, good, and improved
country, to plant in a wilderness, and there adventure many thou
sands of pounds, to give an absolute title to another person to tax
us at will and pleasure." " Natural rights and human prudence
oppose such doctrine, all the world over ; for what is it, but to
say, that a people free by law under their prince at home, are at
his mercy in the plantations abroad."
* Nc-al's History of New England, and Massachusetts State Papers.

OF THE UNITED STATES. 91
In conclusion they say " there is no end to this power ; for
since we are by this precedent assessed without any law, and
thereby excluded our English right of common assent to taxes ;
what security have we of any thing we possess ? We can call
nothing our own, but are tenants at will, not only for the soil, but
for all our personal estates. This sort of conduct has destroyed
government, but never raised one to any true greatness."*
The same views of this subject were entertained by Virginia,
when they so earnestly solicited a charter of rights from the King,
in 1676. It will be remembered, that a draft of a charter, order
ed by the King, for Virginia, contained a clause securing the right
of internal taxation to the people of that colony, and that in its
last stages the charter itself was stopped. It was supposed by
the agents and no doubt truly, that this clause was one of the rea
sons for a final refusal of the great seal. In their petition to the
King, praying for a completion of the instrument, the intelligent
and patriotic agents, on this subject, say " the fourth head, (taxa
tion) it is true, contains that which we humbly conceive to be the
right of Virginians, as well as of all other Englishmen, which is,
not to be taxed but by their consent, expressed by their representa
tives."] This is the same language which was held nearly a century af
terwards, by Patrick Henry and other patriots in Virginia.
Many of the colonists, indeed, entertained an opinion that they
were bound by no acts of parhament ; because not represented
in that body. Nicholson, governor of Maryland, in a letter to the
board of trade, in 1698, says, " I have observed, that a great many
people in all these provinces and colonies, especially under proprie
taries, and the two others, under Connecticut and Rhode Island,
think that no law of England ought to be in force and binding to
them, without their own consent. For they foolishly say, they have
no representatives sent from themselves, to the parliament of Eng
land ; and they look upon all laws, made in England, that put
any restraint upon them, to be great hardships."!
* Smith's History of New Jersey, pp. 117, 123, and Trumbull's United States, p. 165,
f Henning's Statutes, vol. 2, p. 534. % Chalmers, p. 443.

92 POLITICAL AND CIVIL HISTORY
That the colonists were, in their conduct, in no small de
gree governed by these opinions, is evident from the testimony of
the late John Adams, in his history of the disputes of the parent
country with America, from the year 1 754. " The authority of
parliament," says Mr. Adams, " was never generally acknowledg
ed in America. More than a century since, Massachusetts and
Virginia both protested against the act of navigation, and refused
obedience, for this very reason, because they were not represented
in parliament, and were, therefore, not bourid ; and afterwards
confirmed it by their own provincial authority. And, from that
time to this, the general sense of the colonies has been, that the
authority of parliament was confined to the regulation of trade,
and did not extend to taxation, or internal legislation."
" The hatters' act," he adds, " was never regarded ; the act to
destroy the land-bank scheme, caused a greater ferment than even
the stamp act ;" and that, " the act against slitting mills and tilt
hammers was never executed here." As to the postage, "it was
so useful a regulation," he says, " so few persons paid it, and they
found such a benefit from it that little opposition was made to it ;
yet every man, who thought about it, called it an usurpation."
In 1640, governor Winthrop, in his journal says, " upon the
great liberty which the King left the parliament to in England,
some of our friends there, wrote to us, advising to send over some
one to solicit for us in parliament, giving us hopes, we might obtain
much : but, consulting about it, we (the governor and assistants
convened in council) declined the motion for this consideration,
that, if we should put ourselves under the protection of parliament,
we must be subject to all such laws as they should make, or at
least, such as they might impose on us ; in which course, if they
should intend our good, yet it might prove very prejudicial to us."
And governor Trumbull, in his letter to baron J. D< Vander
Capellan, in 1779, referring to this passage in Winthrop's jour
nal says, " that at that time and ever since, the colonies, so far
from acknowledging the parliament to have a right to make laws
binding on them, in all cases whatsoever, they have ever denied it,
in any case."* * Massachusetts Historical Collections,' vol. 6, pp. 165, 156,

of the united states 93
jC
Before noticing the various attempts on the part of the crown, to
deprive the colonists of their charters, we shall invite the attention
of the reader to the system of policy, pursued by the parent coun
try, relative to their commerce and manufactures.
It has been generally supposed, that the act of the common
wealth parliament, in 1651 , was the commencement of this system.
This, however, is a mistake. Soon after the article of tobacco was
imported from Virginia, into England, it was loaded with heavy
duties by the king, and was, likewise, subjected to many vexatious
regulations by royal proclamations.
In consequence of this, the Virginia company in 1621, sent all
their tobacco to Holland. This occasioned a diminution of reve
nue, as well as considerable loss of national trade.
To prevent this in future, an order of the king and council,
who then, and long afterwards regulated the affairs of the plan
tations, was issued, commanding " that no tobacco, or other pro
ductions of the colonies, should thenceforth be carried into any
foreign ports, until they were first landed in England, and the
customs paid."
The reasons assigned for this order, were, "that the king,
weighing the great advantages, which this crown might receive
from a well ordered plantation in Virginia, granted several immu
nities to the colonists, as not doubting but they would apply them
selves to such courses as might most firmly incorporate that plan
tation into his commonwealth ; that to suffer, therefore, a. foreign
trade, is as inconsistent with the view in the planting of Virginia
as with just policy or the honor of the State."*
This was the commencement of a system of commercial mo
nopoly, to which the colonists were subjected ; a system after
wards enforced by various acts of parliament, and continued until
the American revolution.
These orders, however, were not then rigidly enforced, even by
royal governors. In 1639, Charles. I, in his instructions to his gov
ernor, Sir William Berkley, after stating, that many ships laden with
tobacco and other merchandize, had^gone from Virginia directly
* Chalmers' Annals, p. 53.
Vol. I 13

94 POLITICAL AND CIVIL HISTORY
to foreign countries, whereby he had lost the duties thereon, says,
" you should be very careful that no vessel depart thence loaded
with these commodities, before bond with sufficient sureties, be
taken to his majesty's use, to bring the same into his majesty's do
minions, and to carry a loading from thence ; that the staple of
these commodities may be made here ; whereby his majesty, after
so great an expense upon that plantation, and so many of his sub
jects transported thither, may not be defrauded of what is justly
due for customs on the goods." These instructions were not
rigidly enforced, and the Hollanders still continued to carry the
productions, not only of the English plantations, but of other
countries, for English merchants. This produced the celebrated
navigation act, of 1051, restricting the trade with the plantations,
as well as with other parts of the world, to English built ships, be
longing to English, or English plantation subjects ; with the ex
ception of such articles of merchandize, as should be imported
directly from the original place of their growth or manufacture,
in Europe only.
The principles of this act were adopted by the English parlia
ment, soon after the restoration of the king. The act of 12th
Car. II, directed that sugars, tobacco, cotton wool, indigo, ginger,
fustic, and other dying woods, should only be carried to England,
Ireland, or the principality of Wales, or to other British planta-
tations. Not contented with thus confining the colonial export
trade to the parent country, parliament in 1663, limited the im
port trade, in the same manner, declaring, that " no commodity
of the growth or manufacture of Europe, shall be imported into
any of the king's plantations, which are or shall be in Asia, Afri
ca, or America, but what shall have been shipped in England,
Wales, or town of Berwick, and in English built shipping, &c
whereof the master and three fourths ofthe mariners are English.
and carried directly thence to the said plantations, &c." permit
ting, however, vessels so navigated, to take salt in any part of Eu
rope, for the fisheries of ~New England and Newfoundland, also
wines f. om Madeira and the Azores, and provisions from Scot
land, for the plantations.

OF THE UNITED STATES. 93
The preamble to this act, discloses the policy of England, as
well as the rest of Europe, in relation to colonial trade.
" And whereas his majesty's plantations beyond the seas, are
inhabited and peopled by his subjects of this his kingdom of Eng
land ; for the maintaining a greater correspondence and kindness
between them, and keeping them in a, firmer dependance upon it,
and rendering them more beneficial and advantageous unto it, in
the further employment and increase of English shipping and sea
men, vent of English woollens, and other manufactures and com
modities, rendering the navigation to and from the same, more
safe and cheap, and making this kingdom a staple, not only of the
commodities of these plantations, but, also, of other countries and
places for supplying them ; and it being the usage of other nations
to keep their plantation trade to themselves." More effectually
to enforce this act, the governors of the colonies were required,
before entering upon the duties of their office to take an oath to
do " their utmost to cause the same to be observed ;" and if, af
ter having taken such oath, they failed in the duty imposed by it,
they were not only to be removed from office, and rendered inca
pable of the government of any colony, but to forfeit one thou
sand pounds.
These acts still left the trade and intercourse between the colo
nies free. This privilege, however, remained for a short period
only. In 1672, certain colonial products, transported from one
colony to another, were subjected to duties. White sugars, were
to pay five shillings and brown sugars one shilling and six pence,
per hundred, tobacco and indigo, one penny, and cotton wool a
half penny per pound.
These acts the colonists deemed highly injurious to their inter
est, depriving them of the privilege of seeking the best market
for their products, and receiving in exchange the articles they
wanted, without being charged with the additional expense of a
circuitous route through England. They were considered by some
of the colonists a violation of their charter rights ; and in Massa
chusetts, they were, for a long time, totally disregarded.
The loyal Sir William Berkley, governor of Virginia, in his an
swers to inquiries from the lords of the committee of the planta*

96 POLITICAL AND CIVIL HISTORY
tions, concerning the trade of that colony, says, " mighty and de
structive have been the obstructions to our trade and navigation,
by that severe act pf parliament, which excludes us from having
any commerce with any nation in Europe, but our own ; so that we
cannot add to our plantation any commodity that grows out of it,
as olive trees, cotton or vines." " If this was for his majesty's
service," he subjoined, " or the good of the subject, we should
not repine, whatever were our sufferings : but on my soul, it is
the contrary of both ; and this is the cause why no small or great
vessels are built here."*
The people of Virginia presented a petition for the repeal of
these acts, but in vain.
The inhabitants of Rhode Island, being extensively engaged in
trade, declared the acts unconstitutional and contrary to their
charter.! So totally were the acts disregarded in Massachusetts, that in
1675, the lords committee for the colonies inquired of Lord Trea
surer Danby, whether the commissioners of the customs consider
ed the acts of trade as extending to New England ; and were an
swered in the affirmative.!
About the same time, complaints were made to the king, by
the merchants and manufacturers, that the inhabitants of New
England disregarded the acts of navigation, and freely traded with
all parts of Europe ; by which not only the navigation and reve
nues of England, were greatly injured, but their dependance on the
parent country, rendered less secure, if not totally destroyed ; and
they prayed that the people of New England might be compell
ed to observe them. The committee of plantations having fully
hejird these complaints, resolved, that the acts should thereaf
ter be enforced, and for that purpose, proper officers be set
tled in New England ; and " that the captains of his majesty's
frigates should have instructions to seize and bring in offenders,
that avoided making entries in England. "§
* Chalmers, p. 328. f Mr. Hunter's Oration, 4th July, 1826.
J Chalmers, p. 262. § Chalmers, p. 400.

OF THE UNITED STATES. 97
In 1677, Edward Randolph, who had been appointed an officer
of the customs in New England, was requested by the committee
to answer certain queries concerning the state of New England.
In answer to the inquiry, respecting the observance of the navi
gation act, he informed the committee, that in Massachusetts, no
notice was taken of these acts, or any other laws made in England,
for the regulation of trade. The state of the commerce of that
colony, at that period, is thus given by him : " All nations have
free hberty to come into their ports and vend their commodities,
without any restraint ; and in this, as well as in other things, that
government would make the world believe, they are a free State,
and do act in all matters accordingly, and do presume to give
passports to ships, not only belonging to that colony, but, also, to
England, without any regard to those rules prescribed by his ma
jesty."* This representation increased the displeasure of the king and
ministry against Massachusetts ; and the agent of that colony,
the next year, in his letter on this subject says, " the country not
taking notice of these acts of navigation, to observe them, hath
been the most unhappy neglect that we could have fallen into,
for more and more, every day, we find it most certain, that with
out a fair compliance in that matter, there can be nothing expect
ed, but a total breach, and all the storms of displeasure that may
be." In answer to this letter, the general court, acknowledged,
that the acts had not been observed, because they had never re
ceived their assent, and therefore, not obligatory. The general
court apprehended them to be, " an invasion of the rights, liber
ties and properties, of the subjects of his majesty in the colony,
they not being represented in parliament ; and according to the
usual sayings of the learned in the law, the laws of England were
bounded within the four seas, and did not reach America ; how
ever," they add, " as his majesty had signified his pleasure, that
these acts should be observed in Massachusetts, they had made
provision, by a law of the colony, that they should be strictly at-
* Hutchinson's State papers, p. 49S.

98 POLITICAL AND CIVIL HISTORY
tended to, from time to time, although it greatly discouraged
trade, and was a great damage to his majesty's plantations."*
Thus early did the people of Massachusetts, declare the acts
restraining the trade of that colony, a violation of their rights,
and not binding upon them, because they were not represented
in parliament. To comply with the expectations of the king,
they, by a special act of the general court " ordered and enact
ed, that in future, these acts should be obeyed within their juris
diction." Nor were these acts deemed less grievous and illegal,
by the first settlers in the Carolinas. The act of 1672, subjecting
the articles carried from one colony to another to the payment of
duties, was considered by them, a violation of their charter.
In 1687, the custom house officer at Charleston, informed the
commissioners of the customs in England, " that he despaired of
succeeding in enforcing the revenue acts, as the people denied
the power" of parliament to pass laws inconsistent with their
charter, "t
After the establishment of the prince of Orange on the British
throne, the affairs of the plantations were placed under the care
and management of a special board of commissioners, and laws
were passed, for the purpose of more rigorously enforcing the
acts of trade in the colonies. This board was established in
1696, by the name of " a board of trade and plantations." The
commissioners were, among other things particularly authorized,
" to inquire into the condition of the plantations, as well with
regard to the administration of government, as in relation to com
merce, and how these colonies might be rendered most beneficial ¦
to this kingdom.!"
An act of parliament, passed about the same time, not only
required the governors to take an oath, to see that the navi
gation acts were enforced ; but also declared that, on the affi
davit of two or more witnesses, proving they had neglected to
take the oath, or had failed in their duty, the governors were to be
removed, and subjected to a high penalty. The naval officers
* Hutchinson, vol. 1, pp. 288, 290. \ Johnson's Life of Green, p. 237.
X McPherson's Annals of Commerce, vol. 2, p. 681.

OF THE UNITED STATES. 99
were also required to give bond for a faithful performance of their
duty ; and all custom house officers in America, were clothed with
the same powers, as in England, " to visit, search, and seize ves
sels and their cargoes, and to enter all houses and store houses, for
the purpose of seizing goods illegally imported ; and the hke as
sistance was to be afforded to these officers in America as in Eng
land," to enable them to carry these acts into effect. The same
act declared that " all laws, by-laws, usages or customs in prac
tice, or pretended to be in force or practice, in any of the said
plantations, which are in any wise repugnant to any of the afore
mentioned laws, or to this act, or any other law hereafter to be
passed, in this kingdom, relating to the plantations, were illegal,
null and void."
More effectually to secure the fidelity of the governors, in the
proprietary governments, parliament at the same time, directed
that they should have no authority, without being approved by
the king. This was, no doubt, a violation of the proprietary
charters. The King, also, required the same oath to be taken by the go
vernors of Connecticut and Rhode Island ; and in his letter to the
former colony, in April, 1697, he declared, that the laws of trade
must be obeyed ; and that if hereafter there should be any failure,
in the observance of them in that colony, he should consider their
infraction as tending to a, forfeiture of their charter. We would
here observe, that the colonial products mentioned in the act of
1660 (12th of Char. II.) to be carried to England only, were usu
ally denominated " enumerated commodities ;" and to these were
afterwards added, many others, such as molasses, tar, pitch, tur
pentine, hemp, masts, yards, bowsprits, copper ore, rice, beaver
skins, and other furs. Some of these were placed among the
enumerated commodities, at the instance of individuals ; and no
doubt without ev en the knowledge of a great majority of the mem
bers of parliament. This was particularly the case with rice. This
valuable article, the culture of which was introduced into South
Carolina, about the year 1694, was soon exported, and freely car
ried to all parts of Europe, until 1 706 ; when it was introduced
among the enumerated commodities, in the following manner.

100 POLITICAL AND CIVIL HISTORY
A captain of an English vessel was prevented from obtaining a
load of rice in Carolina, in consequence of the number of vessels
there, at the same time, procuring cargoes for Portugal. On his
return home,, he persuaded a member of parliament, that it was
injurious to the trade of England, that rice should be carried di
rectly to Portugal, or any other foreign country ; and it was secret
ly placed among the enumerated articles, in an act of the 3d and
4th of Anne, entitled " an act for granting to her Majesty a fur
ther subsidy on wines and merchandize imported," an act with
which it had not the least connection, and where it passed, with
out notice.*
In this clandestine manner, and at the instance of a disappoint
ed and interested individual, was the great interest of a whole
colony sacrificed. Rice remained an enumerated article until
1730, when it was permitted to be carried to any part of Eu
rope, south of cape Finisterre. The colonies, and particularly
those of New England, as their productions increased in quantity
and value, were engaged in a very lucrative trade with the
French, Spanish, and Dutch West India islands. To these the
northern colonists carried their fish, lumber, grain, horses and
cattle, and received in return, the valuable products of those
islands. This traffic was advantageous to the northern colonies,
as it enabled them to pay the balance, always against them in
their direct trade with the parent country. The English sugar
planters complained of this, as injurious to them.
Viewing the prosperity of the sugar colonies, more important
" to the trade, navigation, and strength of the kingdom," than
those at the north, parliament, in 1733, imposed heavy duties on
rum, sugar and molasses, 'imported into the plantations, from
foreign colonies. These duties, being nine pence sterling on
every gallon of rum, six pence on molasses, and five shillings on
every hundred weight of sugar, if rigidly collected, would have
amounted to a prohibition. The northern colonists considered this
as an illegal and arbitrary sacrifice of their interest, to that of the
sugar planters ; and the law could never be enforced. And it
* Gee on Trade.

OF THE UNITED STATES. 101
will be hereafter seen, that the continuance of this act, and the
attempts to enforce it, on the part of the crown, was one of the
causes which induced the colonists to renounce their allegiance
to the crown itself. While the merchants of the parent country,
were thus securing a monopoly of the products of the colonists,
the manufacturers were no less eager, to secure to themselves a
monopoly of their consumption. For many years, after their first
settlement, the colonists were too much occupied in subduing and
cultivating their lands, to engage in manufactures.
They were contented, and indeed, it was their interest, to ex
change the products of their farms, as well as their fish and lum
ber, for the manufactures of England and other countries. No
sooner, however, did they begin to manufacture for themselves,
than the jealousy of the English manufacturers was excited. It
will be recollected, that the benefits expected by the parent coun
try, from her colonial possessions, was not limited, as declared by
the preamble to the act of 1663, to shipping and seamen ; but
extended to " vent of English woollens, and other manufactures
and commodities."
In accordance with this principle, in 1699, parliament declared,
" that no wool, yarn, or woollen manufactures of their American
plantations, should be shipped there, or even laden, in order to
be transported from thence, to any place whatever." This was
the commencement of restrictions, on colonial manufactures.
In 1719, the house of commons declared, "that the erecting
manufactories in the colonies, tended to lessen their dependence
upon Great Britain."*
While the colonies were increasing in population, and endea
vouring to secure to themselves, in some degree, the benefits of
their own industry and economy, complaints were constantly
made to parliament, by interested individuals, that the colonists
were not only carrying on trade, but were setting up manufac
tures detrimental to Great Britain. These complaints produced
an order of the house of commons, in 1731, directing the board
of trade, to inquire and report, " with respect to laws made, man-
* Introduction to New England's prospects.
Vol.. I. 14

102 POLITICAL AND CIVIL HISTORY
ufactures set up, or trade carried on detrimental to the trade, na
vigation, or manufactures of Great Britain."
In a report made, in pursuance of this order, the commission
ers found, that certain trades carried on, and manufactures set
up in the colonies, were injurious to the trade, navigation, and
manufactures of the parent country.
Among the manufactures, were enumerated those of wool,
and flax, iron, paper, hats and leather.
The commissioners conclude their report, by saying, " from the
foregoing state, it is observable, that there are more trades carri
ed on and manufactures set up, in the provinces on the continent
of America, to the northward of Virginia, prejudicial to the trade
and manufactures of Great Britain, particularly in New England,
than in any other of the British colonies ; which is not to be won
dered at, for their soil, climate, and produce, being pretty nearly
the same with ours, they have no staple commodities of their own
growth, to exchange for our manufactures, which puts them un
der greater necessity, as well as under greater temptations, for
providing for themselves at home ; to which may be added, in
the charter governments, the little dependence they have upon the
mother country, consequently the small restraint they are under,
in any matters detrimental to her interests. And, therefore, we
humbly beg leave to report and submit to the wisdom of this hon
orable house,' the substance of that we formerly proposed, in our
report, on the silk, linen and woollen manufactures herein before
recited, namely, whether it might not be expedient to give those
colonies proper encouragement, for turning their industry to such
manufactures and produce, as might be of service to Great Britain,
particularly to the production of naval stores."
The company of hatters in London complained, that great
quantities of hats were made in N^w England, and exported to
Spain, Portugal, and the British West India islands ; and through
their influence, an act of parliament was procured, not only to
prevent the exportation of hats fr&m the colonies to foreign coun
tries, and from being carried from one plantation to another, but
to restrain, to a certain extent, the manufacture of them in the

OF THE UNITED STATES. 103
colonies. In 1 732, hats were prohibited from being shipped, or
even laden upon a horse, cart, or other carriage, with an intent to
be exported to any other plantation, or to any place whatever.
At the same time, no hatter in the colonies was allowed to employ
more than two apprentices, at once, or to make hats, unless he
had served an apprentice to the trade seven years ; and no black
or negro, was permitted to work at the business of making hats.
The manufacturers of iron next claimed their share in the
benefits to be derived from the colonies. They were willing, the
poor colonists should reduce the iron ore, with which their lands
abounded, into pigs, and even bar iron, and that the same be
brought to their doors, duty free, provided they could monopolize
the manufacture of it, beyond this incipient stage. In the year.
1 750, parliament permitted pig and bar iron, to be imported from
the colonies into London, duty free, but prohibited the erection
or continuance of any mill, or other engine for slitting or rolling
iron, or any plating forge, to work with a tilt hammer, or any
furnace for making steel in the colonies, under the penalty of
two hundred pounds.
More effectually to carry this act into execution, every such mill,
engine, plating forge, and furnace, was declared a common nuis
ance, and the governors of the colonies, on the information of two
witnesses, on oath, were directed to cause the same to be abated,
within thirty days, or to forfeit the sum of £500.
These various restrictions and prohibitions were considered by
the colonists extremely oppressive, and some of them a violation
of their rights, and they were regarded no farther than was ne
cessary, to prevent an open rupture with the parent country.
If the colonists, indeed, were English subjects, entitled to all the
rights of their fellow-subjects at home, it was difficult for them to
see, why they should be placed on a footing so materially different;
why they should not be permitted, equally with those in England,
to seek the best markets for their products ; why subjects in Amer
ica, should not be suffered to manufacture the iron, which the God
of nature had given them, in such a manner and to such an ex
tent, as they might think proper. Nor could the manufacturers

j 04 POLITICAL AND CIVIL HISTORY
of hats in Boston, New York, and Philadelphia, very easily be
brought to believe, they had not an equal right to employ as
many apprentices, as the manufacturers of the same article in
London, Bristol, and Liverpool.
No one can read these acts and their preambles, without per
ceiving how much the framers of them were under the influence
of the narrow and interested views of individuals ; and how ea
sily the interests of subjects, at the distance of three thousand
miles from their legislators, can be sacrificed to the supposed in
terest of those in the neighborhood of their rulers. Nor in con
templating them can an American fail to contrast the present
situation of his country, with respect to commerce and manufac
tures, under the influence of his own laws, with what it must
have been, had it continued to the present time, under this sys
tem of restrictions.
The people of England, from an early period, viewed the North
American colonies, particularly those of New England, as their
rivals, in navigation and trade. Sir Josiah Child, in his well known
discourses on trade, published about 1670, no doubt spoke the
language of Englishmen in general, when he declared that " New
England was the most prejudicial plantation to the kingdom."
While he commends the " frugality, industry, and temperancs,
as well as the happiness of the laws and institutions" of the New
Englanders, he, at the same time, asserts that " of all the Ameri
can plantations, his majesty has none so apt for the building of
shipping, as New England, nor none, comparably qualified for the
breeding of seamen, not only by reason of the natural industry
of that people, but principally by reason of their cod and mack
erel fisheries."
And this assertion is accompanied, with an expression of his
opinion, that " there is nothing more prejudicial, and in prospect,
more dangerous, to any mother kingdom, than the increase of
shipping in her colonies, plantations and provinces."
The views of Dr. Davenant, on this subject, were in accordance
with those of Sir Josiah Child. His political and commercial
writings are still more celebrated than those ofthe baronet; and

OF THE UNITED STATES. 105
had no little influence in establishing the commercial policy of
England. In his discourse on the plantation trade, written in the
reign of William and Mary, he pointed out the political and
commercial policy, proper to be pursued by the parent country
towards her plantations. " Colonies," he observed, " are a
strength to their mother kingdom, while they are under good dis
cipline ; while they are strictly made to observe the fundamental
laws of the original country, and while they are kept dependant on
it. But otherwise they are worse than members lopped from the
body politic, being, indeed, like offensive arms, wrested from a na
tion, to be turned against it, as occasion shall serve." " Not that
we think the greatness these colonies may arrive at, in a natural
course, and in the progress of time, can be dangerous to Eng
land. To build ships in the way of trade, or for their own de
fence, can administer no true cause of jealousy. There is much
difference between letting them be in a condition to defend them
selves, and rendering them a kind of staple for naval stores, which
can be hardly politic, and perhaps very bad husbandry." To
make " those distant colonies a lasting benefit to the nation," he
says, " the principle care will always be, to keep them dependant
upon the mother country, and not to suffer those laws, upon any
account, to be loosened, whereby they are tied to it, for otherwise,
they will become more profitable to our neighbors than to us."
The idea of a board of trade and plantations, was first suggest
ed, it is believed, by this celebrated writer. He proposed that
the care of America should be made " the province of a select
number of Lords and gentlemen of reputation, both for parts and
fortune," and suggested that it would be in their power, " to put
things into a form and order of government, that should always
preserve these countries, in their obedience to the crown, and de
pendance upon this kingdom."* While he thus advocates the obe
dience and dependance of the colonists, he, at the same time, in
sists that " those conditions, privileges, terms, and charters, should
be kept sacred and inviolate, by which they were first encouraged,
at their great expense, and with the hazard of their lives, to dis-
* Davenant's works, by Whitworth, vol. 2.

106 POLITICAL AND CIVIL HISTORY, &c.
cover, cultivate, and plant remote places, when, in truth they la
bor as well for us, as for themselves, for here, at last, their treas
ure centers." The proceedings of the British government to
wards the colonies, were generally in accordance with the views
of these celebrated writers, except the former did not consider the
charters, granted to the original adventurers, in so sacred a light, as
Dr. Davenant. Adam Smith, it is beheved, was the first English wri
ter of eminence, who dared to deny, not merely the policy, but the
justice of the British colonial system. After stating the outlines of
the system itself, this distinguished political economist, adds, " to
prohibit a great people, however, from making all they can of every
part of their own produce, or from employing their stock and in
dustry, in the way they judge most advantageous to themselves,
is a manifest violation of the most sacred rights of mankind."*
* Smith's Wealth of Nations, vol. 2, p. 73.

CHAPTER IV.
Charters of Connecticut and Rhode Island obtained at a favorable moment — Measures
taken to resume the Charters — Difference between the crown and the colonists on
this subject — Declaration of Massachusetts concerning charter rights in 1661 —
Royal commissioners sent to regulate the New England colonies — Their recep
tion — Massachusetts refuse to submit to their authority and send a petition to tlie
king — Complaints against Massachusetts — Committee of trade require an answer to
these complaints — Answers not satisfactory — Massachusetts refuse to submit to
the wishes of the king — Writs of quo warranto issue against tlie charter of that
colony — Judgment against it — Writs issue against those of Connecticut and Rhode
Island — Their letters considered a surrender of them — Sir Edmund Andrus appoint
ed governor general of New England — His despotic acts — Revolution in New
England — Connecticut and Rhode Island resume their Charters — New Charter
granted Massachusetts — Great Britain jealous of the independence ofthe colonies —
Bills brought into parliament to resume the Charter governments — Defeated — King
sustains appeals from the colonial courts in civil suits — Explanatory Charter of Mas
sachusetts — Law of descents in Connecticut declared void — Massachusetts refuse to
provide a permanent salary for the governor — Present an address to the king on
the subject — Heard before the board of trade — Conduct of that colony condemned —
Jealousy of its growing power increases.
Contkoversies soon arose between the parent country and the
colonists, under the charter governments. These disputes, as we
have before stated, commenced in Massachusetts, as early as 1635,
nor did they end, till the American revolution.
The charters of Connecticut and Rhode Island, were obtained
at a favorable moment. Just called to the government of his
kingdom, Charles was not disposed to deny favors to any of his
subjects. In addition to this, Lords Say and Seal, and the Earl of
Manchester, both the friends of New England, were then in favor
with the king.
Mr. Winthrop, the agent of Connecticut, a gentleman of tal
ents and address, was in possession of a ring given to his grand.
father, by the father of Charles II, which he presented to that
monarch. This secured him a most gracious reception at courts
* Trumbull's History of Connecticut, vol. 1.

108 POLITICAL AND CIVIL HISTORY
By these charters, all the powers of government, were confer
red upon the colonists, the king not having reserved to himself
the right of revising their proceedings. At no other period could
such extensive immunities have been obtained.
The colony of Plymouth, afterwards applied for a similar grant,
but in vain. The king himself, indeed, soon repented of these ex
tensive grants of political power, and he, as well as his successors,
took measures to annul the charters, and to assume the govern
ment of these, and the other charter colonies.
Great difference of opinion existed, between the crown and the
colonists, as to the nature, extent, and obligation of these instru
ments. The crown viewed them as constituting mere petty corpora
tions, similar to those established in England ; and which might
be annulled and revoked at pleasure. The colonists, on the other
hand, considered them, as sacred, and solemn compacts between
them and the king ; compacts which could not be altered, either
by the king or parliament, without their consent ; and irrevocable
by a judicial process, without a forfeiture, on the part of the gran
tees. The only limitation to the legislative power, conferred by
these charters, was, that the laws made under their authority,
should not be repugnant to those of England.
What laws of the parent country were here intended, became,
also, a subject of serious controversy. While the crown insisted,
they were the ordinary laws of the realm, the colonists maintain
ed, that the great fundamental laws were alone intended, such
laws as were the birth-right of every British subject, secured by
magna charta, and declared in the bill of rights.
The people of Massachusetts apprehended that a change of go
vernment in England, in 1660, would produce a material change,
in the government of that colony. They were again alarmed, by
a rumor, of the appointment of a governor general. In May,
1660, therefore, a committee was appointed by the general court,
" to consider and debate such matter or thing of public concern
ment, touching our patent, laws and privileges, and duty to his
majesty, as they, in their wisdom, shall judge most expedient, and

OF THE UNITED STATES. 109
"draw up the result of their apprehensions, and present the same
to the next session, for consideration and approbation, that so, (if
the will of God be,) we may speak and act the same thing, be
coming prudent, honest, conscientious and faithful men." A dec
laration of rights was prepared by this committee, and adopted
by the general court in June, 1661. Among other things, the court
declared, " the patent, (under God) to be the first and main foun
dation of their civil polity here, by a governor and company, as
is therein exprest."
That " the governor, deputy governor, assistants and select re
presentatives or deputies, have full power and authority, both le
gislative and executive, for the government of all the people here,
whether inhabitants or strangers, both concerning ecclesiastical
and civil, without appeals, excepting repugnant to the laws of
England." They likewise, declared that " this government was privileged,
by all fitting means, yea, (if need be,) by force of arms, to defend
themselves, both by land and sea, against all such person or per
sons, as should, at any time, attempt or enterprize the destruction,
invasion, detriment, or annoyance ofthe plantation, or the inhabi
tants thereof."* They at the same time, acknowledged their al
legiance to the crown.
These declarations proclaimed a political state in that colony
little short of independence.
The oath of allegiance to the king, provided by law, to be taken
by the inhabitants of Massachusetts, shows the views of the colo
nists themselves, as to their political connection with the crown.!
Soon after the restoration, the jealousy ofthe king, was excited
against the New England colonies, and particularly Massachu-
* Hutchinson's vol. 1, Appendix, p. 455.
t Form of the oath. " Whereas I A. B. am an inhabitant within this jurisdiction,
considering how I stand obliged to the king's majesty, his heirs and successors, by our
charter, and the government estabhshed thereby, do swear accordingly, by the great
and dreadful name of the ever living God, that I will bear faith and true allegiance ta
our sovereign Lord the King, his heirs and successors. So help me God." — Hutch
inson, vol. l,p. 222-
Vol. I. 1.5

110 POLITICAL AND CIVIL HISTORY
setts ; and in April, 1664, Col. Richard Nichols, Sir Robert Carr,
George Cartwright, and Samuel Maverick, were appointed com
missioners to visit these colonies, and invested " with full power
and authority to hear, receive, examine, and determine all com
plaints and appeals, in all causes and matters, as well military as
civil and criminal, and proceed, in all things, for the providing for,
and settling the peace and security of the country, according to
their good and sound discretion, and tq such instructions, as they
have or should, from time to time receive."
The conduct of these colonies, during the civil wars in Eng
land, and their strong attachment to republican principles, were,
no doubt, remembered by Charles and his ministers. In commu
nicating to his majesty, a plan for sending commissioners to
these colonies, the celebrated Lord Clarendon, said that " they
were already hardened into republics."*
The royal commissioners arrived at Boston in July 1664, and
presented their commission to the governor and council of Massa
chusetts. Being then on their way to reduce the Dutch at New
York, they requested assistance for that purpose ; and informed
the governor they had many more things to communicate, on
their return. Having reduced the Dutch, they visited the other
New England colonies, before they returned to Massachusetts.
The people of Connecticut and Rhode Island, having just expe
rienced the royal favor, in the grant of their charters, and those
of Plymouth, being in expectation of a similar favor, felt disposed
to receive the king's commissioners with courtesy. They returned
such answers to the questions put to them, as wefe generally sat
isfactory. The people of Massachusetts, however, viewing the
powers of the commissioners, contrary to their charter ; and sen
sible they could expect nothing favorable from them, determined
not to submit to their authority.
The general court met in August, and immediately declared,
" that they would bear faith and allegiance to his majesty, and
adhere to their patent, so dearly obtained, and so long enjoyed
by undoubted right in the sight of God and man."
* Pownal's Memorial to the Sovereigns of America.

OF THE UNITED STATES. Ill
They, at the same time, agreed to present an address to the
King, which they styled " the humble supplication of the general
court of the Massachusetts' colony, in New England." Refer
ring to the powers of the commissioners, they tell his Majesty,
that, " instead of being governed by rulers of our own choosing,
(which is the fundamental privilege of our patent) and by laws of
our own, we are like to be subjected to the arbitrary power of
strangers, proceeding, not by any established law, but by their
own discretion."
Their attachment to the rights and privileges secured by their
charter, is expressed in the strongest language. They inform his
Majesty that, had they entertained any fears of being deprived of
these, they " never should have wandered from their father's
houses into these ends of the earth, nor laid their labors and
estates therein."
Their appeal to the King, at the conclusion of this address,
cannot be read without feeling a peculiar interest, in the situation
of the petitioners. " Royal sir, it is in your power to say of your
poor people in New England, they shall not die. If we have found
favor in the sight of our King, let our life be given us, at our peti
tion, (or rather, that which is dearer than life, that we have ven
tured our lives, and willingly passed through many deaths, to ob
tain) and our all at our request."
" Let our government live, our patent live, our magistrates live,
our laws and liberties live, our religious enjoyments live, so shall
we all yet have further cause to say, from our hearts, let the King
live forever." " And the blessing of those that were ready to
perish, shall come upon your Majesty ; having delivered the poor
that cried, and such as had none to help them."*
The royal commissioners returned to Boston, in April, 1665,
and many messages passed between them and the general
court in May following. The answers and explanations of
the court, not being satisfactory, the commissioners, at last,
required a positive answer to the question, whether they ac
knowledged his Majesty's commission, to be of full force to
* Hutchinson's appendix, vol. 1.

112 POLITICAL AND CIVIL HISTORY
all the purposes therein contained ? To this the court an
swered, " that it was enough for them to give their sense of
the powers granted to them by charter, and that it was be
yond their line, to determine the power, intent, or purpose of his
Majesty's commission."
On receiving this answer, the commissioners immediately gave
notice to the court, they should set, the next day, as his Majesty's
commissioners, to hear and determine the cause of one Thomas
Deane, and others, against the governor and company, and ex
pected they would appear and answer to the complaint. Not con
sidering themselves amenable to such a tribunal, the general
court, immediately drew up a declaration, which they published
to the people, at the sound of a trumpet ; in which they not only
refused to obey the summons of the commissioners, but expressed
their decided disapprobation of their proceedings. The people
of Boston were not more friendly to the commissioners, than the
general court ; nor did they manifest much respect to the autho
rity of the King's visitors. The constables of that town, were dis
posed to let the commissioners know, that while within their pre
cincts, they were not exempt from an observance of the laws of
the colony, which it was their duty to see executed.
The commissioners with some others, occasionally met at a
public house, on Saturday evening, which was contrary to law.
A constable finding them there, and attempting to disperse them,
was beaten by one of the commissioners ; a second constable,
by the name of Mason, went to the same place, expecting to
find them ; but having adjourned to a private house near, Ma
son followed them, with his staff of office, and declared, if he
had found them on the other side, he should have carried them
away ; and expressed his surprise, at their incivility in beating a
constable. Sir Robert Carr said it was he that beat him, and
he would do it again. Mason said it was well he had not been
there, he would have carried them all before authority.
Sir Robert asked, if he dare meddle with the King's commis
sioners ? " Yes," said Mason, " and if the King himself had been
there, I would have carried him away."

OF THE UNITED STATES. 113
On this, Maverick cried out, " treason, Mason, you shall be
hung in a twelve month." Maverick, also, desired the governor
that Mason might be prosecuted for high treason. The consta
ble was brought before the court, and the jury found him guilty of
speaking the words charged ; the court, however, suspended judg
ment, and the business was submitted to the next general assem
bly, who dismissed the constable, on a simple reprimand from the
governor.* Their authority' being thus set at defiance, the commissioners
drew up a counter declaration, informing the general court, " they
should not lose more of their labours upon them, but refer the
subject to the wisdom of his Majesty, who is of power enough to
make himself to be obeyed in all his dominions."
The same spirit which, at that early period, resisted these en
croachments on their rights, led the people of' Massachusetts,
more than a century afterwards, to resist with success, similar and
greater encroachments. Two of these commissioners, Nichols
and Maverick, remained in America, sir Robert Carr died the
next day after his arrival in England, and Cartwright, on his pas
sage home, was taken by the Dutch, and his papers lost.! These
circumstances probably prevented immediate measurse being ta
ken against the people of Massachusetts.
Complaints, however, were multiplied against this colony, and
particularly, as we have before stated, for disregarding the naviga
tion acts ; and the agents of the colony were explicitly informed,
that his Majesty had determined " to reduce them to a more pal
pable dependence on his crown, in order that they might be of use
to him, in times of necessity."!
In October, 1681, the Lords of the committee of plantations,
presented an address to the governor and assistants, in which
they recapitulated, at large, the many complants brought against
the colony, from its first settlement, and its many acts of disobe
dience to royal authority ; they required them immediately to send
agents to England, with full powers and instructions, with respect
* Hutchinson, vol. 1, p. 233. f Hubbard's History of New England, and Mor
ton's Memorial, by J. Davis. J Chalmers, p. 404.

114 POLITICAL AND CIVIL HISTORY
to the regulations of the government, and to answer to these
complaints, and the irregularity of their proceedings. In case
of failure, they are explicitly told that a quo warranto would
issue against their charter.*
The general court sent agents, and, at the same time, prepar
ed specific answers to the various charges brought against the
colony. These answers were not satisfactory, nor were the
agents authorized to make regulations respecting the govern
ment, in accordance with the arbitrary demands of the King.
Apprised, by their agents, that writs of quo warranto, would
undoubtedly be ordered, unless the colony submitted to the plea
sure of the crown ; it became a question, not only before the
general court, but the people at large, whether they should sub
mit to the King's pleasure, as many of the cities in England had
done, or wait the issue of a trial.
The people of Massachusetts, nobly resolved to die by the
hands of others, rather than their own ; and their agents were
instructed to make no concessions of any privileges conferred by
their patent.! Informed of this, the King immediately direct
ed the writ to issue.
This " messenger of death," as the writ was called, was brought
by Randolph, and was accompanied by a royal declaration ; that
if the colony would submit to the pleasure of the King, " he would
regulate their charter, for his service and their good, and with no
further alterations, than should be necessary for the support of his
government there."
The governor and a majority of the assistants were disposed to
trust to the royal word, and passed a resolution, that they would
not " presume to contend with his majesty in a course of law,
but humbly lay themselves, at his majesty's feet in submission
to his pleasure, so declared." To this resolve, the representa
tives refused their assent, and adhered to their former determin
ation. An agent was appointed to make defense ; but before he reach
ed England, judgment was rendered against the company, and
* Chalmers, p. 443. t Hutchinson, vol. 1, p. 303.

OF THE UNITED STATES. 115
their letters patent cancelled. No defense, however, could have
saved the charter rights of Massachusetts. The charter of the-
city of London, had been just vacated on a full hearing ; and
those of Connecticut and Rhode Island, were doomed to a sim
ilar fate.
In July, 1685, soon after the accession of James II, writs were
ordered against the patents of these colonies.
Randolph, the most implacable enemy of New England, was,
also the bearer ofthe writs.
The assembly of Rhode Island, in an address to the king, de
clared " they would not stand suit with his majesty, but ask for
favor and relief."
Three writs were served upon Connecticut, and that colony ap
pointed an agent, not only to present an address to his majesty,
but to make answer to the suits, if necessary. In a letter to the
Secretary of State, in January, 1687, the assembly of that colony
" expressed a most earnest wish to continue in the same station
they were in, if consistent with the wisdom of the prince." " If
his majesty's royal purposes be, otherwise to dispose of us," they
say, " we shall, as in duty bound, submit to his royal commands ;
and if it be to conjoin us with the other colonies and provinces
under Sir Edmund Andrus, his majesty's present governor, it will
be more pleasing than to be joined with any other province."*
This letter and the address of Rhode Island, were construed in
to a surrender of the charters of those colonies, and no judgments
were rendered against them. The charter of the proprietor of
Maryland, did not escape the notice of the despotic James. He
was resolved there should be no free governments in America.
He declared, " that it was of very great and growing prejudice to
his affairs in the plantations, and to the customs here, that such
independent administrations should be maintained, without more
immediate dependence on this thrown."!
Neither a protestant or a popish colony, was suffered to escape
his despotic grasp. In April, 1687, he directed 'the attorney gen
eral to issue writs against the patent of Lord Baltimore. More
* Chalmers, p. 306. t Chalmers, p. 371.

1 16 POLITICAL AND CIVIL HISTORY
serious and important business at home, soon after occupied the
attention of this infatuated prince ; and saved the. charter of
Maryland. The next year, the king himself, for this, and other
acts of despotism, was compelled to surrender and abandon his
own government and kingdom.
After the patent of Massachusetts was vacated, Charles deter
mined that the people of that colony should have no share in its
future government. The infamous Kirk, afterwards so well
known in the annals of the succeeding reign, was designated by
this monarch, to be governor of Massachusetts, New Hampshire,
Maine, and Plymouth ; but the death of Charles, prevented New
England from being the theatre of Kirk's atrocities. Under James
II, a temporary government was established, consisting of a pre
sident and council, who were only to remain, until a more perma
nent arrangement could be made. Dudley, a native of Massachu
setts, was appointed president. Soon after, however, Sir Edmund
Andrus, a name well known in New England history, was ap
pointed governor and captain general of Massachusetts, New
Hampshire, Main, Plymouth, Pemaquid, and Naragansetts, to
whom, with a council, appointed during the pleasure of the
crown, was entrusted legislative, executive, and judicial power.
The governor general arrived at Boston, in December, 1686,
and published his commission.
The acts of this man, the true representative of his master, will
always be remembered in New England. Though apparently
mild at first, he soon discovered the rapacity of the ancient gov
ernors of a Roman province. Soon after his arrival, he sent to
Connecticut and demanded a formal surrender of their charter,
but this was refused. In October, 1687, he went to that colony,
while the assembly was in session, and in person, required its
delivery. The governor and the assembly had a conference with him on
the subject, and the charter itself was brought and laid upon a
table, in the room where they met. During this conference, which
was prolonged until evening, the people were waiting the result
with extreme solicitude, and not without apprehensions, that their

OF THE UNITED STATES. 1 1 7
representatives would give up the sacred instrument of their liber
ties. Impatient at the delay, a number of them rushed into the
room, extinguished the lights, seized the charter, and concealed it,
as the story is, in an oak at Hartford ; a tree still in existence, and
held in veneration by those whose liberties it was instrumental in
preserving. The government of the colony, however, was surrendered to
the governor general, and on the 30th of October, 1687, the
assembly closed its proceedings, by a declaration, that Sir Ed
mund Andrus, by order of the King, had taken into his hands the
government of the colony.
For about sixty years, the people of New England had lived
happily, under constitutions and laws made by themselves, and
administered by persons of their own choice. This enjoyment of
civil and religious liberty, under divine Providence, had been
their chief consolation, in all their trials and sufferings, in settling
and subduing a wilderness.
Situated on this " outside of the world," as they expressed
themselves, they had hoped to remain beyond the reach of arbi
trary power. But they were now compelled to submit to the
domination of those in whose appointment they had no voice,
and over whom they had no control. The history of New Eng
land, at this period, is full of the many arbitrary and oppressive
acts of the governor general, during his short reign.
Although his council at first consisted of forty or more, some
of whom, were gentlemen of the most respectable characters, se
lected from the different colonies ; yet, few of them acted with
him, and the government was managed by Sir Edmund himself,
and a small number, who were subservient to his views.
One of the first of his despotic acts, was to place the press un
der the censorship of the celebrated Randolph. Magistrates
alone were permitted to solemnize marriages, and no marriages
were allowed, until bonds, with sureties were given to the go
vernor, to be forfeited if any lawful impediment should after
wards appear. No man could remove from the country without
leave of the governor.
Vol. I. 16

118 POLITICAL AND CIVIL HISTORY
Fees of office, particularly in matters of probate, were ex
orbitant — towns were not permitted to hold meetings, but once
a year, and then for the sole purpose of electing officers — all
former grants of land were considered invalid, either because
they were rendered void, by the destruction of the charters under
which they had been made, or were destitute of the formality of
a seal. The people were, therefore, obliged to take new patents
for their lands and houses, and to pay enormous patent fees, or
suffer them to be granted to others, and they themselves ejected
from their hard earned possessions.
In addition to this, taxes were imposed at the will of the go
vernor general and a few of his council ; nor had the poor New
Englanders even the privilege of complaing, and claiming the
rights of Englishmen, without being liable to fine and imprison
ment. These taxes the governor and council, by their act, as
sessed upon the several towns, and directed each town to ap
point a commissioner, who, writh the selectmen, were ordered to
assess the same on the individual inhabitants. The citizens of
the old town of Ipswich, at a meeting, called for the purpose of
carrying this act into effect, declared that, " considering the said
act doth infringe their liberty, as free born English subjects of his
Majesty, by interfering with the statute laws of the land, by
which it was enacted, that no taxes should be levied upon the
subjects, without the consent of an assembly chosen by the free
holders, for assessing of the same ; they do, therefore, vote, they
are not willing to choose a commissioner, for such an end, with
out such privilege ; and moreover consent not, that the select
men do proceed to lay any such rate, until it be appointed by a
general assembly concurring with the governor and council."
The minister of this town, John Wise, together with John Ap
pleton, John Andrews, Robert Kinsman, William Goodhue, and
Thomas French, were active in procuring this patriotic declara
tion ; and for this, they were immediately brought before the go
vernor and council, at Boston ; and soon after tried before the
star chamber judges, Dudley, Stoughton, Usher, and Randolph,
and a packed jury. In his examination before the council, Mr.

OF THE UNITED STATES. H9
Wise, claiming the privilege of an English subject, was told by
one of the judges, " he had no more privilege left him, than not
to be sold for a slave."
Wise was imprisoned by the governor general, and the judges
refused him the privilege of the writ of habeas corpus.
On their trial, they defended themselves, under magna char-
tar and the statutes, which solemnly secured to every British sub
ject, his property and estate. The judges, however, told them,
" they must not thimk the laws of England followed them to the
ends of the earth, or wherever they went ;" and they were, in a
most arbitrary manner, condemned.
Mr. Wise was suspended from his ministerial functions, fined
£50, and compelled to give a bond of £1000, for his good
behaviour ; and the others were, also, subjected to fines, and
obliged to give bonds of a similar nature.*
These men may justly claim a distinguished rank among the
patriots of America.
Such were some of the despotic acts, to which the people of
New England were obliged, for a time, to submit, and without the
smallest hope of redress from their sovereign. The people of Mas
sachusetts presented a petition to the King, requesting that the
title to their lands and houses might be confirmed, that no laws be
made, or monies raised, without the assent ofa general assembly,
as in the other plantations, and that the inhabitants of towns
might assemble and manage their affairs as formerly ; or at least,
that the council should be composed of considerable proprietors
of land, be apportioned among the counties, and pass no law with
out the assent of a majority. These requests, however, were deni
ed ; and a revolution alone procured them relief.
A mere rumor, that the prince of Orange had landed in Eng
land, no sooner reached Boston, than the flame, before, with
great difficulty kept smothered, burst forth. The people at once
assembled in arms, seized those " public robbers," as they
were styled, and made them prisoners.! On receiving a con-
* See " the Revolution in New England Justified;" printed in 1691,
f Life of Cotton Mather, p. 43.

120 POLITICAL AND CIVIL HISTORY
firmation of the news, the old governor and magistrates, with
representatives from the towns, assumed the government until
the pleasure of the new king should be known. The new mon
arch approved of their proceedings, and directed them to con
tinue the administration of the government until the same could
be settled, " in a manner most conducive to his service, and the
security and satisfaction of the colony." Connecticut obtained
the opinion of three ofthe most eminent lawyers in England, that,
" their involuntary submission to the government of sir Edmund
Andrus, did not invalidate their charter ; and that the same, not
being surrendered under the common seal, and such surrender
duly enrolled of record, nor any judgment entered against it, the
corporation might lawfully execute the powers and privileges
thereby granted." This colony, as well as Rhode Island, assum
ed and continued their old forms of government, under their
charters. Judgment having been rendered against the patent of
Massachusetts, the situation of that colony was different ; nor
could the most earnest entreaties of the people, prevail with
king William to restore their ancient government.
A new charter was granted in 1691, including the colony of
Plymouth, the province of Maine, and Nova Scotia. The
King reserved to himself the power of appointing the governor,
lieutenant governor, and secretary. The governor had, also, a
negative on the laws, and the king reserved to himself the
right of repealing them, at any time, within three years, after
their passage. The council, to the number of twenty-eight,
were to be chosen by the general assembly, subject, however
to the negative of the governor. The power of appointing all
military officers, and all civil officers be longing to courts of
justice, was vested in the governor, with the assent of the
council. All other civil officers were to be appointed by the
two houses, with a right of negative on the part of the go
vernor. Appeals to the king and council were to be allowed,
in all personal actions, above the value of three hundred pounds
sterling.

OF THE UNITED STATES. 121
The new charter took from the people of that colony many
rights, before claimed and exercised, by them, and on that ac
count, was strongly opposed by many, but was finally accept
ed by a majority of the general court. The charter govern
ments were not suffered to remain long in peace, after the revo
lution. The disregard of the navigation acts, (notwithstanding the
new act of William and Mary, to enforce them) by the people
of the charter colonies, their denial of a right of appeal to the
king and council, in judicial proceedings, gave great offense to
the British government.
A very general opinion, also, prevailed in England, that the
colonists, under these governments, aimed at independence. In
1701, a bill was brought into parliament, for re-uniting all the
charter governments to the crown. It embraced Massachusetts,
New Hampshire, Rhode Island, Connecticut, East and West
Jersey, Pennsylvania, Maryland, Carolina, and the Bahama or
Lucay Islands. The preamble declared, " that the severing such
power and authority from the crown," had been found, by ex
perience " prejudicial and repugnant to the trade of this king
dom and to the welfare of his majesty's other plantations in
America, and to his majesty's revenue, arising from the customs,
by reason of many of these plantations, and by those in authori
ty there, under them, by encouraging and countenancing pirates
and unlawful traders, and otherwise."
The bill then declares the charters or letters patent of all the
plantations abovementioned, to be utterly void and of no effect,
and that the governments of the same, should be reunited and
annexed to the crown. The agents of some of the colonies
were heard before the house of lords, and the bill was defeated.
The enemies of the charter governments, however, were unre
mitted in their exertions, and continued their complaints to the
king, and the board of trade.
Taking advantage of the just complaints of the people of Car
olina, against the conduct of the proprietors of that province, the
the subject of annulling not only the charter of that province, but

122 POLITICAL AND CIVIL HISTORY
those of the other governments, was again brought before par
liament, in the beginning of the reign of George I. ; and it was
with no little difficulty that the charters of New England were
saved. Jeremiah Dummer, agent of Massachusetts and Con
necticut, about this time, published a defense of the New Eng
land charters, which he addressed to Lord Carteret, one of the
secretaries of State. This defense was drawn with great ability
and judgment, and had no little influence in preserving the char
ter rights of his constituents.
One of the greatest objections against these governments, was,
that, " from their increasing numbers and wealth, these colonies,
would, in the course of a few years, throw off their dependence
on the parent country, and declare themselves a free State, if
not checked in time, by being made entirely subject to the crown."
This objection, says Mr. Dummer, " one meets with from people
of all conditions and qualities." A native of Massachusetts him
self, Mr. Dummer, well knew, the strong attachment of the
people of that colony, as well as of all New England, to the
rights secured by their charters ; and he declared to the secreta
ry of State, they would esteem " the loss of their privileges a
greater calamity than if their houses were all in flames at once.
Nor can they be justly blamed," he adds, " the one being a re
parable evil, the other irreparable. Burnt houses may rise again,
out of their ashes, and even more beautiful than before ; but 'tis
to be feared, that liberty once lost, is lost forever."
Disputes arose in Massachusetts, between the governor and
the house of representatives, relative to the choice of a speaker,
and as to the power of adjournment. The governor claimed the
right of rejecting the person chosen by the house as speaker.
This right the house denied. The charter was silent on the point ;
but the governor claimed it on the supposed right of the king,
to negative the speaker appointed by the house of commons. The
house also claimed the right of adjourning, to such time as it judg
ed proper ; this was denied by the governor, who claimed the
power, under the express words of the charter, of adjourning
and dissolving the general court.

OF THE UNITED STATES; 123
These subjects, as well as others, in which it was supposed the
house had encroached on the prerogatives of the crown, were
brought before the king and council, in 1724, under the adminis
tration of governor Shute ; and after a full hearing the con
duct of the house was condemned, and an explanatory charter
granted ; by which, the right of negativing the speaker was ex
pressly granted to the governor, and the power of the house to
adjourn was limited to two days. It was left with the general
court to reject or accept this explanatory charter. It was inti
mated, at the same time, that, in case of refusal, the whole sub
ject would be brought before parliament.
A majority of the general court, thought proper to accept it.
This controversy, and that between the general court and the
crown, in relation to the salary of. the governor, which will be
noticed hereafter, brought the charter of Massachusetts into great
jeopardy. The claim of the king and parliament, to alter or revoke the
colonial charters at pleasure, was not relinquished on the one
hand, or conceded on the other. It remained in this state until
1774, when the exercise of this power by parliament, in altering
the charter of Massachusetts, was resisted not only by that colo
ny, but by all the colonies, and was one ofthe causes of the Amer
ican revolution.
During the infancy of their settlements, the poor colonists, were
left to shift for themselves ; and the parent country seemed, in a
great measure, regardless of their fate. They were obliged, at
their own expense, to subdue the savages, as well as the wilder
ness. But as they increased in numbers, and in wealth ; the par
ent country was willing to come in for a share, and that not a
small one, of the profits of their labors.
The crown did not interfere in the judicial proceedings of the
colonies, or claim a controlling power over their judicial tribu
nals, until about 1680. Prior to this period, the general assem
blies, in most of the colonies, were the tribunals of last resort, in
all civil causes. At that time the king and council, claimed the
right of receiving and hearing appeals from the colonial courts, in

124 POLITICAL AND CIVIL HISTORY
private suits. This claim was first made in Virginia, on the rep
resentation of Lord Culpepper, governor of that province. Ap
peals from the court which consisted of the council, were heard in
that province, before a joint committee of both houses of assem
bly ; of which committee, the members ofthe house were the most
numerous. In a particular case which came before this com
mittee, a question arose, whether those of the council, who had
before given their opinions should again sit as judges.
The members from the house on the committee, insisted that
they ought not again to judge ; the latter, however, claimed the
right, and in this were supported by the governor. The dispute
was carried to such a length, that Lord Culpepper made a repre
sentation of it to the king ; and his majesty afterwards directed
that appeals should no longer be made to the assembly in that col
ony, but to the king and council, in all cases, where the claim ex
ceeded in value, three hundred pounds sterling.*
After this, appeals were demanded in some of the other col
onies, particularly in New Hampshire and Connecticut, and
were at first refused. Complaints, however, were made to the
king and council, and peremptory orders issued to permit them.
An appeal being demanded from the courts of Connecticut, was
refused. In justification of this refusal, the people of that colo
ny, stated to his majesty, that by their charter, they had the sole
power of constituting courts and of deciding, ultimately, in all cases
without any reservation of right, on the part ofthe crown, to revise
their decisions. Notwithstanding this, the king and council, on the
petition of John and Nicholas Hallam and Edward Palmer, issued
an order to allow an appeal, in case the petitioners should think
themselves aggrieved by the sentences ofthe courts of that colony;
and the governor and company were directed to take notice, that
it was "the inherent right of his majesty to receive and determine
appeals from all his majesty's colonies in America, and that they
govern themselves accordingly." So tenacious were the people
of this colony of the rights secured to them by a solemn com-
'' Massachusetts Historical Collection?, vol. 5, p. 139.

OF THE UNITED STATES. 125
pact ; rights exercised by them from their first settlement, that
they still refused, and the governor declared, that before an ap«
peal should be allowed, " they would dispute the point with his
majesty." On a second complaint, and more peremptory orders, an ap
peal was finally granted, in June, 1701.* The people of New
Hampshire, also, for a time, disputed this right with the crown.
The conduct of the colonies, in resisting this claim, a claim,
which had lain dormant for more than half a century after the
first settlement of the country, excited strong prejudices in Eng
land, against the colonies, and particularly those under the pro
prietary and charter governments.
The lords of trade, in a letter to the Earl of Bellamont, say,
" this declining to admit appeals to his majesty in council, is a
matter that you ought very carefully to watch against, in all your
governments. It is an humour that prevails so much, in the pro
prietor's and charter colonies, and the independency they thirst
after is now so notorious, that it has been thought fit, these con
siderations, together with other objections against these colonies,
should be laid before the parliament ; and a bill has thereupon
been brought into the house of lords, for re-uniting the right of
government in these colonies, to the crown."!
The bill here referred to was the one brought into parliament
in 1701, to which we have before alluded.
These appeals brought into question, in England, the validity
of some of the laws in the charter colonies. This was particular
ly the case, in an appeal from the settlement of an estate in Con
necticut, in 1727, in which the king and council decided, that
the law of descents in that colony, which gave the female as well
as the male heirs, a part of the real estate, was null and void^
because repugnant to the laws of England, and therefore not
warranted by their charter.
The law officers of the crown, in this case, insisted before the
council, that the powers of the corporation of Connecticut, were
limited merely " to making bye-laws for settling the forms and
* State Records of Connecticut. ! Belknap's New Hampshire, vol. 1, p, 309.
Vot. I. 17

126 POLITICAL AND CIVIL HISTORY
ceremonies of government and magistracy, and for naming and
stating officers, and for distinguishing the several duties of such
officers, form of oaths, &c. a power, they said, given to every little
corporation in England, but could never be construed to extend
to the making laws for dividing property and the descent of real
estate."* This decision excited great and just alarm in Connecticut.
This mode of distributing intestate estates, real as well as per
sonal, had existed for nearly one hundred years ; and a great
proportion of the lands in the colony were held under this law ;
and the disturbance of titles, thus acquired, would create infinite
confusion. The general assembly was convened on the occasion, and in
structions on the subject given to the colony agents. Mr. Bel
cher, afterwards governor of Massachusetts, was associated with
Mr. Dummer, in the agency, and through their influence, the order
in council, disannulling the law, was revoked, and the colony law
suffered to remain in force.
This is another instance, in which, on the application of inter
ested individuals, the crown, for the purpose of extending its pre
rogative and more effectually securing the dependence of the
colonies, interfered in their internal concerns.
Another cause of serious and long disputes between the crown,
and those colonies in which the governors were appointed by
royal authority, was the subject of a fixed and permanent salary
for the representative ofthe crown. These disputes were carried
to the greatest length in Massachusetts ; where the alteration in
their charter, produced no alteration in the spirit of the people.
It was a favorite object of the king, that adequate provision
should be made by the colonial assemblies for his governors ; and
it was an object of no less importance to the governors them
selves, the most of whom, were sent to America to repair their
ruined fortunes at home.
It had always been left with the provincial assemblies, to fix
the amount, as well as permanency ofthe salary to the governors,
* Dummer's Letters, among the Trumbull papers, in the Library of the Massachu
setts Historical Society.

OF THE UNITED STATES. 127
judges, and other officers, and the grants were, at first, generally
limited to a single year. This, it was supposed, on the part of
the crown rendered them too dependant on the colonies for their
support ; and royal instructions were given to the governors to
recommend to the assemblies, to make a more permanent pro
vision. In most of the royal governments, after much difficulty,
these recommendations, were finally complied with. The as
sembly of Massachusetts, however, could never be induced to
yield. As early as 1 702, Joseph Dudley, governor of that prov
ince, was instructed to bring the subject before the general court.
The house of representatives declared, that " it was not conven
ient (the circumstances of the province considered) to state sala
ries, but to allow, as the great and general court should, from time
to time, see necessary." The council desired the house to re
consider their resolution on this subject, but they refused.
These instructions were renewed the next year, and the gene
ral court were again urged to comply with the commands of the
queen, in settling a fixed salary upon the governor " as they ten
dered her princely regard and favor." In November, 1703, in
answer to the governor's message, the house declared, " that it
had been the privilege from Henry the third, and confirmed by
Edward the first, and in all reigns unto this day, granted, and
now is allowed, to be the just and unquestionable right of the
subject, to raise when, and dispose of how, they see cause, any
sum of money, by consent of parliament : the which privilege,
we, her majesty's loyal and dutiful subjects here have lived in the
enjoyment of, and do hope always to enjoy the same, under our
most gracious Queen Anne, and successors, and shall ever en
deavor to discharge the duty incumbent on us ; but humbly
conceive the settling perpetual salaries not agreeably with her
majesty's interest in this province, but prejudicial to her majesty's
good subjects."*
Thus the people of Massachusetts still continued, as in the
case of the navigation acts, to claim the right of Englishmen, to
grant their money when and how they pleased.
* See printed Proceedings of the General Court of Massachusetts, 1729.

1 28 POLITICAL AND CIVIL HISTORY
This controversy continued in that province for about thirty
years. The same instructions were constantly renewed, and al
most every year, became a subject of altercation, between the
governors and the general court.
Governor Burnet, in 1728, was commanded, to require of the
council and assembly, an immediate compliance, by passing acts
" to establish a fixed and honorable salary for the support of the
governor, to be, at least, one thousand pounds sterling per an
num." And in case the council and assembly, the king said,
" shall not pay a due and immediate regard to our royal will and
pleasure hereby signified, we shall look upon it, as a manifest
mark of their undutiful behaviour to us, and such as may require
the consideration of the legislature, in what manner the honor
and dignity of our government ought to be supported, in our
said province, for the future."
Massachusetts still persisted in her refusal to comply with the
reiterated and earnest requests of his Majesty, fearless ofthe con
sequences. On this account, the governor adjourned the general
court, to meet at Salem, intimating that they were too much
under the influence ofthe inhabitants of Boston. The governor
seemed determined to continue the assembly in session, until the
members complied with the royal mandate.
In this situation, the house of representatives presented a me
morial to the king setting forth the reasons of their conduct, in
relation to the salary. They inform his majesty that, " it is, and
has been very well known in this, as well as other nations and
ages, that governors at a distance from the prince, or seat of go
vernment, have great opportunities and sometimes too, prevailing
inclinations, to oppress the people ; and it is almost impossible
for the prince, who is the most careful father of his subjects, to
have such matters set in a true light."
" We humbly crave leave, therefore, to suggest that it is very
much for your majesty's interest, and very necessary to the tran
quility and flourishing of this your province, that the governor
should be induced by his own interest, as well as duty to your
majesty, to consult the interest and welfare of the people ; but

OF THE UNITED STATES. 129
should we fix a salary, the governor's particular interest will be
very little affected, (while thus settled) by serving or disserving
the people's interest ; and we should do more than has ever
been done by the wisdom of Great Britain."
" Notwithstanding the nation and your subjects in the most
distant parts of your dominions, have so entire a confidence in
your majesty ; and your interest and glory, and that of your
royal posterity, are inseparable from the prosperity and welfare
of your people, (for we are all your inheritance,) yet, the civil
list is settled for your majesty's life only ; whereas neither the
happiness nor adversity of this province affect a governor's inter
est, when he has once left us ; and the raising and disposing of
money, from time to time, of our free will and consent, for the
defense and support of the government, and protection and pre
servation of the inhabitants, is the privilege, which, as English
men, by magna charta, and by the charter granted by King Wil
liam and Queen Mary, of glorious memory, the general assembly,
(as we humbly conceive) have a right unto."*
This address was referred to the board of trade, before whom
there was a hearing in behalf of the crown, as well as on the
part of the house. The board condemned the conduct of the
latter, in refusing to comply with the royal instructions ; and in
the conclusion of their report to the king and council, discover
ed an extreme jealousy of the growing power and wealth of thai
province, and of the supposed determination of its inhabitants to
become independent of the crown.
" The inhabitants," say the board, " far from making suitable
returns to his majesty, for the extraordinary privileges they enjoy,
are daily endeavoring to wrest the small remains of power out
of the hands of the crown, and to become independent of the
mother kingdom. The nature of the soil and products are much
the same with those of Great Britain, the inhabitants upwards of
ninety-four thousand, and their militia, consisting of sixteen regi
ments of foot and fifteen troops of horse, in the year 1718, fif
teen thousand men ; and by a medium, taken from the naval of-
* Records of Massachusetts.

1 30 POLITICAL AND CIVIL HISTORY
fleer's accounts for three years, from the 24th of June, 1714, to
the 24th of June, 1717, for the ports of Boston and Salem only, it
appears that the trade of this country employs continually no less
than three thousand four hundred and ninety-three sailors, and
four hundred ninety two ships, making twenty-five thousand four
hundred and six tons. Hence your excellencies will be ap
prized of what importance it is to his majesty's service, that so
powerful a colony should be restrained within due bounds of
obedience to the crown ; which, we conceive, cannot effectually
be done, without the interposition of the British legislature,
wherein, in our humble opinion, no time should be lost."* This
report was accepted by the king and council. On the death of
governor Burnet, Mr. Belcher, who was one of the agents of the
house, in supporting the address, and a popular man, was ap
pointed his successor.
The same instructions were still continued and in stronger lan
guage. The assembly are told, that, in case of further refusal,
" his majesty would find himself under a necessity of laying the
undutiful behavior of the province before the legislature of
Great Britain, not only in this single instance, but in many others
of the same nature and tendency ; whereby it manifestly ap
pears," his majesty observes, " that this assembly, for some years
last past, have attempted, by unwarrantable practices to weaken,
if not cast off the obedience they owe to the crown, and the de
pendence, which all colonies ought to have, on their mother
country." Should the assembly fail to comply, the governor
was directed immediately to repair to Great Britain, to give an
account of what should have passed on the subject, that the same
might be laid before parliament.!
But neither the popularity of the new governor, nor the threats
of the king, could induce a change of conduct on the part of
the people of Massachusetts.
Attempts were made to effect a compromise, but in vain.
The assembly made a temporary grant of one thousand pounds,
but the governor was instructed to assent to no other than a
* Hutchinson, vol. 2, p. 320. f Hutchinson, vol. 2. p. 334-

OF THE UNITED STATES. 131
fixed and permanent salary. Satisfied that the house would never
yield on this subject, the governor solicited a relaxation of his
instructions, and the crown finally permitted him to assent to
temporary grants.
Thus, after a constant struggle for more than thirty years, the
crown was, at last, compelled to yield to the bold and persever
ing opposition of the people of that province. This controversy
was not renewed in Massachusetts, until 1773, when an attempt
on the part of the crown, to provide salaries for the governors
and judges of that province independent of the assembly, was
resisted with the same firmness ; and as, will hereafter appear.
was one of the causes, which induced the people of that province
to declare themselves independent of the parent country.

CHAPTER V.
Convicts transported to the Plantations from England — The Colonies of Virginia and
Maryland pass Laws respecting them — These Laws disapproved by the Crown —
This conduct of the Parent Country injuiious to the Colonies, and excites their
indignation — Privilege of the writ of Habeas Corpus, supposed by the Board of
Trade not to extend to the Colonies — Act of Massachusetts concerning the writ of
Habeas Corpus disallowed by the Crown — Colonists still retain an affection
for their Parent Country — Bounties allowed by Parliament for certain articles ,
produced in the Colonies — Mode of Colonial Contributions — Extent of the
English and French Claims in North America — Plan of Union among the
Colonies adopted in 1754 — Disapproved by the Crown and the Colonial Legisla
tures — Ministerial plan for defending the Colonies — Reasons of Dr. Franklin
against it — War of 1756, in consequence of disputed Claims in America — Quebec
taken — Family compact between France and Spain — Havana taken — Peace of
1763 — French power in America destroyed — Colonial Schools for General Educa
tion — First established in Massachusetts by law, in 1647 — Objects of their estab
lishment — The Clergy of New England assist in establishing these Schools —
Colleges founded in the Colonies — Character of the People of America different
from that of those of Europe — Some of the causes of this difference.
In this brief summary of the political state of the colonies
previous to 1763, we cannot forbear noticing, as necessarily con
nected with it, the conduct of the parent country, in transporting
to America, those persons, who for their crimes, had forfeited
their liberty and lives in Great Britain. In this, the social as
well as political happiness of the colonists were totally disregard-,
ed. Transportation to the plantations, was authorized, in lieu of
punishments inflicted for some of the greatest crimes committed
in society ; and America was made an asylum for the worst of
felons. This practice first commenced under the reign of James I,
who, by his royal prerogative, adopted the measure of " ordering
dissolute persons to be sent to Virginia."* This was afterwards
continued ; and convicts were transported to the other colonies,
as well as Virginia ; and was finally authorized and regulated by
* Chalmers, p. 364.

POLITICAL AND CIVIL HISTORY, &c. 133
several acts of parliament. By these acts, persons convicted of
burglary, robbery, perjury, forgery, and theft, and by the laws of
England, subjected to the punishment of death, might be trans
ported to the American plantations, for seven, or fourteen
years, or for life.
By the statute of 4th of George I, those guilty of minor offen*
ses, and entitled to the benefit of clergy, as well as others con
victed of crimes punishable with death, might, by order of the
courts, be transported in the same manner. And in case those
of the latter description returned within the period of their ban
ishment, they were liable to be executed. One of the reasons
assigned for this act was, that " in many of his majesty's colonies
and plantations, there was a great want of servants, who, by
their labor and industry, might be the means of improving and
making the said colonies and plantations more useful to his ma
jesty." Strange,indeed,that those villains, who, by their enormous crimes,
had become unfit for society in England, should be let loose upon
society in America, and be deemed fit servants for the colonists.
The property, the lives of the American planter and farmer,
were, it should seem, of little account with the British legislators.
Upon what principle could this difference be made between Brit
ish subjects in England and America ? Were not the lives, the
property, the moral and social happiness of British subjects, on
the west of the Atlantic, as dear to them, as to those on the east ?
And had not the former an equal right to claim protection and
security, for themselves, their wives and children, from house
breakers and robbers, as the latter ? This exposure of their lives
and property,' to all the convicted villains in England, excited
the indignation of the colonists. The evils experienced from
this extraordinary system, were strongly felt in the colonies ; and
remedies attempted by some of the colonial legislatures. It
was calculated that, about the year 1750, not less than from
three to four hundred felons, were annually brought into the
province of Maryland.* * British Empire in America, vol. 3, p. 23.
Vol. I. 18

134 POLITICAL AND CIVIL HISTORV
The Legislature of Virginia, by an act, thej>reamble of which
declared that frauds had been committed by the persons entrust
ed with the transportation of felons, and that many crimes had
been committed in that colony, by the transported persons, &.c.
provided among other things, that every person, who, upon impor
tation, had the disposal of any convicts, should, before he be per
mitted to dispose of them, give security, in the penalty of £100,
for the good behavior of such convicts, during the space of two
months, after they should be disposed of to any master ; and that
every person, who should purchase any convicts, should also, im
mediately give security in the penalty of £10, for their good
behavior for the whole time for which they were transported.
Maryland passed laws laying duties on all imported convicts.
These laws, however, were declared by the officers ofthe crown,
highly derogatory to the authority and power of the crown and
parliament,* and were disallowed by the king and council.
This conduct of the parent country, did not, at that time es
cape the severe animadversions of the colonists ; and to show the
independent spirit, which prevailed in New York, on this subject,
we present to the reader, the following remarks, from a periodical
publication, printed in 1752, called the " Independent Reflector
or weekly essays."
"Very surprising one would think," says this independent
American, " that thieves, burglars, pickpockets, and cut purses,
and a horde of the most flagitious banditti upon earth, should be
sent as agreeable companions to us ! that the supreme legislature
did intend a transportation to America, as a punishment I verily
believe ; but so great is the mistake, that confident I am, they
are thereby on the contrary, highly rewarded. For what can be
more agreeable to a penurious wretch, driven through necessity,
to seek a livelihood by breaking of houses, and robbing upon the
king's highway, than to be saved from the halter, redeemed from
the stench of a goal, and transported, passage free, into a coun
try, where, being unknown, no man can reproach him for his
crimes ; where labor is high, a little of which will maintain him,
* Chalmers' Opinions, vol. 1, p. 344, and vol. 2, of the same, p. 108.

OF THE UNITED STATES. 135
and where all his expenses will be moderate and low. There is
scarce a thief in England, that would not rather be transported
than hanged."
" Life in any condition but that of extreme misery, will be pre
ferred to death : as long, therefore, as there remains this wide
door of escape, the number of thieves and robbers at home, will
perpetually multiply, and their depredations be incessantly reiter
ated." " But the acts are intended for the better peopling the colo
nies. And will thieves and murderers be conducive to that end ?
What advantage can we reap from a colony of unrestrainable ren-
egadoes ? Will they exalt the glory of the crown ? or rather will
not the dignity of the most illustrious monarch in the world, be
sullied, by a province of subjects, so lawless, detestable and igno
minious ? can agriculture be promoted, when the wild boar of the
forest breaks down our hedges and pulls up our vines ? will trade
flourish, or manufactures be encouraged, where property is made
the spoil of such, who are too idle to work, and wicked enough
to murder and steal ? Besides, are we not subjects of the same
king, with the people of England; members ofthe same body
politic, and therefore entitled to equal privileges with them? if
so, how injurious does it seem to free one part of the dominions
from the plagues of mankind, and cast them upon another?
Should a law be proposed to take the poor of one parish, and
billet them upon another, would not all the worlds but the parish
to be relieved, exclaim against such a project, as iniquitous and
absurd ? should the numberless villains of London and West
minster be suffered to escape from their prisons, to range at
large, and depredate any other part of the kingdom, would not
every man join with the. sufferers, and condemn the measure, as
hard and unreasonable ? and though the hardships upon us are
not equal to these, yet the miseries, that flow from laws, by no
means intended to prejudice us, are too heavy not to be felt. But
the colonies must be peopled — agreed : and will the transporta
tion acts ever have that tendency? no, they work the contrary
way, and counteract their own design. We want people, 'tis

136 POLITICAL AND CIVIL HISTORY
true, but not villains, ready, at any time, encouraged by impuni
ty, and habituated, upon the slightest occasion, to cut a man's
throat, for a small part of his property."*
These actsjvere in force until the separation between the two
countries. It is not a little extraordinary, that English statesmen and ju
rists, should have supposed, that the privilege of the writ of habe
as corpus, was not the birth right of British subjects in America,
as well as England. Chalmers, in his political annals, says, that
in the history of colonial jurisprudence, " no circumstance is
better established than the fact, that the habeas corpus act, was
not extended to the plantations, till the reign of Anne." This
writ was, indeed, denied, by the judges in Massachusetts, un
der the despotic administration of Sir Edmund Andrus, in the
case of some of the inhabitants- of Ipswich, before mentioned.
In consequence of this, after the establishment of the govern
ment, under the new charter, in 1692, the assembly of that pro
vince, passed an act, " for securing the liberty of the subject and
preventing illegal imprisonments." By this act, the writ of habe
as corpus, was to be granted, in the same manner, as appointed
by the statute of 31 Car. II. And strange as it may seem, the
committee of plantations, at the head of which was the great
Lord Somers, did not think fit to permit this act to continue in
force, and the same was repealed. In their letter to the king
and council, on the subject of this act, in 1695, they say,
" Whereas, by the act for securing the liberty of the subject
and preventing illegal imprisonments, the writ of habeas corpus,
is required to be granted, in like manner, as is appointed by the
statute of 31 Car. II, in England ; which privilege has not as yet
been granted in any of his majesty's plantations ; it was not
thought fit, in his majesty's absence, that the said act should be
continued in force, and therefore, the same hath been repealed."
It was said to be the practice ofthe governors, to imprison the col
onists without bail ; and that Queen Anne conferred the privilege
of this writ on the Virginians, and for which the inhabitants of that
* Smith's History of New York, pp. 319, 320.

OF THE UNITED STATES. 137
province returned their humble acknowledgments.* The king and
council, as well as the committee of plantations, at that period,
adopted the extraordinary and unconstitutional doctrine, that for
this privilege, the colonists were indebted to the bounty and favor
ofthe crown. This doctrine was probably adopted for the purpose
of extending the royal prerogative, and keeping the colonists
more immediately dependant on the crown, even for their person
al security. The colonial history, indeed, exhibits a constant strug
gle for prerogative and power on the one hand, and freedom and
the privilege of self-government on the. other.
Fearing the eventual independence ofthe colonies, the British
government lost no opportunity of extending the powers and pre
rogatives of the crown and parliament, at the expense of the
hest and dearest rights ofthe colonists. In 1748, a bill was in
troduced into parliament, by which the king's instructions were
to be enforced in the colonies. But this was too bold a measure
to be carried.!
We would here observe, that, notwithstanding these struggles,
the colonists, in general, still retained an affection for their parent
country. These quarrels, like those ofa numerous family, did not entire
ly alienate the affections of the colonists, from the country
which they called by the endearing appellation of parent. The
colonists still looked up to their sovereign, as to a parent, to whom
they owed obedience ; and to whom they might appeal, as an
umpire and arbiter, in their various disputes with each other ; and
particularly with respect to the boundaries and limits of their re
spective colonies. Either from ignorance of the geography of
the country, or from inattention, the grants made by the crown,
were so vague and indefinite, and interfered so much with each
other, as to create great difficulties and disputes, which could
only be settled by the king and council. Some of these were not
ultimately adjusted until after the American revolution. The col
onists experienced advantages from Great Britain for which they
were not ungrateful. Bounties'Jwere given by parliament for en-
* Chalmers' Annals, pp. 74, 75. f Minot, vol. 1, p. 146.

138 POLITICAL AND CIVIL HISTORY
couraging new productions in the colonies ; particularly those,
for which the British were dependent on foreign countries. At
different periods, large bounties were allowed on the importation
of various articles from the colonies, such as tar, pitch, turpen
tine, indigo, hemp, flax, raw silk, and on particular kinds of tim
ber, as masts, yards, pipe and hogshead staves. And though the
immediate object of these bounties, was the benefit of the par
ent country, yet the colonists were greatly benefited, not merely
by the bounties themselves, but by the new productions thereby
introduced, adding much to • their general wealth! To the parent
country, also, the colonists looked for necessary protection and
assistance in the wars, in which they were necessarily involved
with her ; add particularly in those with France. The colonists
were generally ready, not only to defend themselves ; but to af
ford all the assistance in their power ; though all were not equal
ly prompt in affording the necessary aid. The manner in which
the assistance of the colonies was required and given, shows the
nature of the political connection between them and fhe parent
country. In time of peace, each colony defrayed the expense of its civil
establishment ; and the money, for this purpose, was raised by
taxes, in such way as the colonists thought proper. In time of
war, the crown made requisitions upon the colonies, for men and
money, and apportioned the same among them in such manner
as it thought best, having regard to the wealth and population of
the colonies, or their proximity to the place of military opera
tions ; the troops to be clothed, fed, and paid by the colony fur
nishing them.* The colonists felt a strong interest in the wars
* In 1701, in expectation of a war with France, the colonies were required to fur
nish 1358 men, and they were thus apportioned among them : —

Massachusetts,

350

East New Jersey,

60

New Hampshire, •

40

West New Jersey,

60

Rhode Island,

48

Pennsylvania,

80

Connecticut,

120

Maryland,

160

New York,

200

Virginia,

240

1368

OF THE UNITED STATES. 139
between great Britain and France, and particularly that of 1756.
The claims of the two nations, to the lands in North America,
had long been a subject of serious dispute. Attempts to settle
these claims, by negociation, had been made in vain. In every
war, between these two rival nations, the colonists had suffered
innumerable evils, along their extensive western frontiers, from
the hostile and murderous incursions of the Canadian French and
their Indian allies. The conquest of Canada had long been a
favorite object of the colonists, particularly those of New York
and New England. In 1628, Charls I, gave to David Kirk, a
commission, to conquer the dominions of France in America.
The next year, Quebec was compelled to surrender to this bold
and enterprising individual. Unfortunately, in the treaty of 1 632,
Charles restored it to France. Various attempts were after
wards made to affect the conquest of Canada, but without suc
cess. The zeal and activity of the colonists in reducing the
French power in America, was particularly manifested in the re
duction of Louisburg, by the people of New England, in 1745. In
the intervals of peace between the two nations, the French were
gradually extending their claims and possessions into the dispu
ted territory, and connecting Canada and Louisiana, by a line of
forts from Quebec to New Orleans. In 1731, they built a fort, at
a place called Crown point, on Lake Champlain ; and soon after
made large grants of lands-, on the borders of that Lake.
The lands, on which this fort was located, was then in dispute
between New Hampshire, Massachusetts, and New York. At a
subsequent period, they advanced far south of the great lakes,
and built fort du Quesne, on the Ohio. These encroachments
alarmed the colonists, and at last, excited the serious attention of
the British government. In the various negotiations between the
two nations, both produced their respective claims.
Those of the English were founded, first, on the discovery of
all North America, by Cabot ; second, on the discoveries of the
interior, in the years 1568, 1654, 1672, 1678, and from 1725, to
1740; third, from various grants of the same by the crown,
extending from the Atlantic to the Pacific ; fourth, on the for-

140 POLITICAL AND CIVIL HISTORY
mai surrender and actual purchase of the natives, at various
times. They claimed as far north as the St. Lawrence and the
great lakes. The French, declared on the other hand, that the
St. Lawrence was the center of Canada, and that " the Apa-
lachian mountains had always been looked upon as the bounds of
their colonies."
The Ohio, or la belle riviere, they said, was the natural commu
nication between Canada and Louisiana, and was first traced out
by them, and part of it discovered by la Salle, in 1679 ; that the
same had never been used or occupied by the English. " Some
English traitors," they observed, " passed the mountains of Vir
ginia and wanted to carry on a trade with the Indians on the
Ohio, and that the French took and carried them to France."*
This extensive and fertile country had now become too impor
tant an object, and was considered by both parties, as too inti
mately connected with the future prosperity of each, to be easily
relinquished by either, and the question was left to be decided by
the sword.
This had been foreseen'by the British cabinet, and to meet
the event, measures were taken, not only to secure the fidelity
and aid of the six nations of Indians, who had before placed
themselves under the protection of the British crown ; but to en
able the colonies to act with more efficiency, by forming an union
among themselves. The board of trade, in September, 1753,
sent instructions to the governor of New York, to hold a treaty
with the six nations, to hear and redress their complaints, and to
gratify their wishes, in relation to their lands ; and the other col
onies, or the most of them, received instructions, also, to send
commissioners to be present at this meeting, and unite with New
York, so that " all the provinces be, (if practicable,) comprised
in one general treaty, to be made in his majesty's name." About
the same time, a letter from the Earl of Holderness, Secretary
of State, recommended that the commissioners at this meeting,
should form a plan of union among the colonies, for their mutual
* See Memorials of England and France. Mant's and Entick's Histories of ths
war of 1756.

OF THE UNITED STATES* 14 J
protection and defense, against these encroachments of the
French. We would, here state, that an union of the colo
nies, had heretofore been contemplated in England, and plans
for this purpose, projected, though probably, never formally pro
posed to the colonists.
A scheme of this kind is particularly noticed in the reign of
William and Mary, by Dr. Davenant, the outlines of which were,
that the colonies should be authorized to meet once a year, and
Oftener if need require, by their deputies, to debate and resolve
on such measures, as should be most advisable at any time, to be
taken for their public tranquility and safety.
That two persons be appointed by each province, as represen
tatives or deputies, to meet and form a congress.
That a commissioner, to be specially appointed by the king,
preside in this congress ; which was to meet, as near as conven
iently might be, to the most central colony ; and as New York
might, probably, be nearly central, the governor of that province
was to be the royal commissioner during the session.
That the business of this congress should be, to hear and adjust
all matters of complaint or difference, between province and pro
vince ; as,
1st. When persons quit their own province and go to another,
that they may avoid their just debts, though able to pay them.
2nd. When offenders fly justice, or justice cannot well be had,
upon such offenders, in the provinces, that entertain them.
3rd. To prevent or redress injuries in point of commerce.
4th. To consider of ways and means to support the union and
safety of the provinces against their common enemies : in which
congress the quotas of men and charges, it was said, would be
" much easier allotted and proportioned, than it was possible for
any establishment, made in England, to do ; for the provinces
knowing their own condition, and one another's, could debate that
matter, with more freedom and satisfaction, and better adjust
and balance their affairs, in all respects for their common safety."
In time of war, the royal commissioner was to be general or
chief commander of the several quotas, upon such service against
Vol. I. 19

142 POLITICAL AND CIVIL HISTORY
the common enemy, as should be thought advisable, for the good
and benefit ofthe whole.*
Thus early did British statesmen contemplate a constitution or
confederation of the colonies, to manage their general concerns,
as best knowing their own condition and circumstances.
It is believed, however, that it was never proposed by the Brit
ish government to the colonies, to form an union, until 1753, in
the letter from the secretary of state. In pursuance of this re
commendation, and instructions from the board of trade, com
missioners from Massachusetts, New Hampshire, Rhode Island,
Connecticut, New York, Pennsylvania, and Maryland, met at
Albany, in June, 1754.1
Having completed a treaty with the Indians, the commission
ers took up the subject of a plan of union.
They were fully sensible of the importance, and indeed, the
necessity of resisting the encroachments of France on their north
ern and western borders.
They foresaw, that, if the French were suffered to proceed qui
etly, in the possession and settlement of the extensive and fertile
territory which they claimed, they would, ere long become too nu
merous and powerful to be repelled.
The commissioners, therefore, in the first place, unanimously
resolved, " that an union of the colonies was absolutely necessary
for their preservation." Some ofthe commissioners then propos
ed, that the colonies should be formed into two or three distinct
confederacies ; this proposal was, however, finally abandoned.
A second preliminary resolution was then adopted, " that it was
necessary that the union should be established by act of parlia
ment.! These preliminaries being settled, a committee, consist
ing of one member from each colony represented at this congress,
was appointed to draw a plan of union. Mr. Hutchinson from
Massachusetts, Mr. Atkinson from New Hampshire, Mr. Hopkins
from Rhode Island, Mr. Pitkin from Connecticut, Mr. Smith
from New York, Mr. Franklin from Pennsylvania, and Mr. Tra-
* Davenant, by Whitworth, vol. 2, pp. 40, 41. f See Note, No. 2.
% Franklin's Miscellaneous Works, pp. 87, 88.

OF THE UNITED STATES. 143
aher from Maryland, were selected for this purpose. Several
plans were drawn by the different commissioners, but that prepar
ed by Dr. Franklin was preferred, and substantially adopted.*
The general features of the plan were, that, with the assent of
parliament, a general government be formed in America, includ
ing all the colonies ; under which, each colony was to retain its
constitution, with the exception of such changes, as were made
by the proposed system. The general government was to be
administered, by a president general, to be appointed by the
crown, and a grand council chosen by the representatives of the
people, in the colonial assemblies. The members chosen from
any colony, to be not less than two, nor more than seven. In
the apportionment first made, Massachusetts was to have seyen,
New Hampshire two, Connecticut five, Rhode Island two, New
York four, New Jersey three, Pennsylvania six, Maryland four,
Virginia seven, North Carolina four, and South Carolina four.
The members were afterwards to be apportioned, according to
the monies paid into the general treasury by each colony ; no
one to have more than seven, or less than two ; and new elec
tions to take place, every three years. The grand council were
to meet once every year, or as it should be called by the presi
dent general, with the consent of seven of its members — to choose
their speaker, and were not to be dissolved, prorogued or contin
ued sitting longer than six weeks, at one time, without their con
sent, or the special command of the crown.
The pay of the members to be ten shillings sterling, per day,
and the same for every twenty miles travel.
The president general to have a negative on all laws, and to
see that the laws were executed.
The president general and grand council, were to regulate all
affairs with the Indians — to make new settlements on lands pur
chased ofthe Indians, if not within the bounds of particular colo
nies, or not within their bounds, when some of them are reduced
to more convenient dimensions ; and to make laws for the govern
ment of such settlements — to have power to raise and pay sol-
* Franklin's Works, vol, 1, p. 137.

144 POLITICAL AND CIVIL HISTORY
diers, build forts, equip vessels to guard the coasts and protect
the trade on the ocean, lakes, or great rivers ; no men to be im
pressed, in any colony, without the consent of the legislature.
For these purposes, they were to make laws, lay and levy such
general duties, imposts or taxes, as should appear most equal and
just — to appoint a general treasurer and particular treasurer in
each government — no money to be drawn, but by the joint order
of the president and council — their accounts to be settled year
ly — a quorum of the council to consist of twenty-five, to be one
or more from a majority of the colonies — their laws not to be re
pugnant to the laws of England, and to be transmitted to the
king, and if not disapproved within three years to remain in
force — on the death of the president general, the speaker of the
grand council, for the time being, to succeed him, until the king's
pleasure be known — all military and naval officers to be nomina
ted by the president general, and to be approved by the council —
all civil officers to be nominated by the council and approved by
the president — in case of vacancy, by death or removal of any
officer, civil or military, the governor of the province, in which
the vacancy happens, to appoint, until the pleasure of the presi
dent and council be known — each colony to defend itself in
emergencies, and the expense of such defense to be paid by the
general government, if judged just and reasonable.* The tra
iners of this system of general government contemplated the
reduction of the limits of some of the colonies, particularly those
who claimed to extend to the south sea ; and it was their opinion,
that they should extend no further than the Apalachian or Alleg
hany mountains.! It was, also, contended by some of the com
missioners, that the governors and councils of the several provin
ces, should have a voice in the appointment of the grant! council,
or at least, have the power of disallowing the choice made by the
representatives. This proposal, however, was rejected, and among
the reasons urged against it, one was, that it would tend to take
from the people the important right of taxing themselves by their
own consent, or their immediate representatives ; as in a major
* See Note No. 3. t Minot, vol. 1, p. 190

OF THE UNITED STATES. 145
part of the colonies, the governors, with the council were in fact
appointed by the crown.
This scheme of general government, received the assent of all
the commissioners, except those from. Connecticut, who were par
ticularly opposed to the extensive powers given to the president
general. Copies of it were transmitted to the king, as well as to the
several colonies.
It had the singular fate of being rejected in England, because
it left too much power in the hands ofthe colonists, and it was
disapproved in America, because it transferred too much power
into the hands of the crown.
The people of Connecticut, in particular, had too long been
accustomed to make their own laws, independent of royal author
ity, to approve of the, veto of the president general. They de
clared, " that this might bring his majesty's interest in danger,
that officer, in so extensive a territory, not well understanding or
carefully pursuing proper methods for the country's good, all
might be ruined before relief could be had from the throne ; and
that the council, from the respective colonies, were most likely to
understand the true interest and weal of the people." They
considered, also, the power of levying taxes throughout so exten
sive a territory, vested in the president and council, as against
the rights and privileges of Englishmen ; and that " such an in
novation on charter privileges, would discourage the industry
of the inhabitants, who were jealous of their rights."*
The asssembly of Connecticut not only refused to apply to
parliament for an act confirming this plan, but instructed their
agent to oppose any such act, if applied for by. the other colonies.
While the board of trade and the British ministry rejected the
American plan of union, they proposed for the consideration of
the colonists, a mode of raising men and money in the colonies,
as well as of providing the means for their defense, in which the
people themselves were to have no share.
The ministerial scheme was, that the governors of all the colo
nies, with one or more of their council, should assemble and
* Connecticut State Records.

146 POLITICAL AND CIVIL HISTORY
concert measures for the defense of the whole ; that they should
erect forts, where they judged proper, raise what troops they
thought necessary ; and have power to draw on the treasury
of Great Britain, for the sums wanted for these purposes, to
be re-imbursed by a tax laid on the colonies, by act of parlia
ment. This extraordinary plan strongly evinced a continuance
of the jealousy of the parent country, towards her North
American colonies, as well as her determination, to keep them
in a state of complete dependence. It was communicated to
some of the colonial governors, and particularly to Mr. Shirley,
governor of Massachusetts ; who, in December, 1754, submitted
it to the consideration of Dr. Franklin.
The views and opinion of this philosopher and statesman, rela
tive to this scheme, were soon after communicated to governor
Shirley, and accorded with those of his countrymen in general.
The Americans, Dr. Franklin observed, would not be satisfied,
in being deprived of all share in the choice of the grand council,
and in being taxed by act of parliament, where they were not
represented. That the colonists, who were to feel the immedi
ate mischiefs of invasion and conquest of an enemy, would be
better judges of the number of forces necessary to be raised, of
forts to be built, and of their own abilities, to bear the expense,
than the Parliament of England, at so great distance. That go
vernors often came to the colonies, merely to make fortunes, were
not always men of the best abilities or integrity, many of them
had no estates here, or any natural connections with the country,
that could make them concerned for its welfare, and might, pos
sibly, be fond of raising and keeping up more forces than neces
sary, for the profits to themselves, and to make provision for their
friends and dependents.
That the councillors, in most of the colonies, being appoint
ed by the crown, on the recommendation of the governors,
were often persons of small estates, frequently dependent on
the governors, for offices, and, therefore, too much under their
influence. That there was great reason to be jealous of a power
in such governors and councils, to raise such sums of money, as

OF THE UNITED STATES. 14?
they should judge necessary, by drafts on the British treasury to
be afterwards levied on the colonies by parliament.
That this power might be abused, by projecting useless expe
ditions, harrassing the people, and taking them from their labor,
to execute such projects, merely to create offices and employ
ments, gratify dependents, and divide profits. Dr. Franklin, also,
declared that it was the undoubted right of Englishmen, not to
be taxed, but by their own consent, given through their represen
tatives — that the colonies had no representatives in parliament,
and to compel them thus to pay money, without their assent,
would be rather like raising contributions in an enemy's country,
than taxing Englishmen, for their own benefit. Such were the
views and opinions of the Americans on this extraordinary plan
of drawing money from them ; and which were, in accordance
with those entertained by the colonists in general, from their first
settlement in America. The plan itself received no countenance
in any of the colonies, and the crown was obliged to depend on
the usual requisitions on the colonies for men and money, to as
sist in the war, which soon followed. Apprehensive that the
British cabinet still contemplated raising money in America, by
act of parhament, the general court of Massachusetts, in No
vember, 1755, instructed their agent in London " to oppose
any thing that should have the remotest temdency to raise a re
venue in the plantations, for the public use or services of govern
ment."* In the long war which followed, the colonies readily complied
with the requisitions of the crown, and made great exertions and
sacrifices, in the contest for supremacy in America. Massachu
setts alone, in one year, had 7,000 men in the field, and Connecti
cut 5,000, and the whole number raised in all the colonies, was
not less than 25,000. So great, indeed, were the exertions and
expenses of the colonies, that for the last four or five years of the
war, parliament granted them annually from the British treasury.
two hundred thousand pounds sterling ; a sum which was distri
buted among the colonies, in proportion to the number of troops
* Gordon, vol. 1, p. .95.

148 POLITICAL AND CIVIL HISTORY
each had in the service. Under the vigorous administration of
the celebrated Pitt, the British army was triumphant in Canada.
Soon after the famous battle on the plains of Abraham, in Sep
tember, 1759, Quebec was compelled to surrender, and the
French power in North America was annihilated.
Not long after this important event, negotiations for peace
were opened between Great Britain and France, but without
success. In the mean time, France had induced Spain to be
come a party in the war, for the purpose of reducing the growing
power, of Great Britain. The kings of France and Spain, on the
1 5th of August, 1761, entered into a solemn treaty under the
title of " the family compact." The principal object of this cele
brated compact, was " to render permanent, and indivisible, as well
for their majesties, as their descendants and successors, those
duties, which are the natural consequences of consanguinity and
friendship," and " to perpetuate, in their posterity, the sentiments
of Louis XIV, and to preserve forever a solemn monument of
their reciprocal interest, which ought to be the foundation of the
views of their courts, and ofthe prosperity of their royal families."
By this compact, the influence of which was felt in the American
Revolution, the parties declared that " the two crowns will here
after consider every power, as their common enemy, who shall
become such to either of them, and that whoever attacks one
crown attacks the other." It contained not only mutual stipula
tions of guaranty of the possessions of each other, but also, an
engagement, " that when they shall terminate by peace, the war
they shall have supported in common, they will balance the ad
vantages which one of the two powers may have received, against
the losses of the other ; so that, on the conditions of peace, as in
the operations of war, the two monarchs of France and Spain,
throughout the extent of their empires, shall be considered, and
will act, as if they formed but one and the same power." No
other powers,but those ofthe house of Bourbon, were to be admit
ted parties to this treaty.* Great Britain, however, by the aid of
her colonies, rose superior to the combined efforts of the Bour-
* Almon's Remembrancer, for 1778, p. 362.

OF THE UNITED STATES. 149
bons. In 1762, she took Havana, the capital of Cuba, and the
strong hold of Spanish America ; and made other valuable con
quests from her enemies in different parts of the world. This en
abled her, to make an advantageous peace, the ultimate terms of
which were settled by the treaty of Paris, in February, 1763 ; the
preliminaries having been adjusted and signed, on the 3d of No
vember preceding. By this treaty, the colonists obtained the ob
ject for which they had exerted themselves, during a contest of
seven years. France was compelled to cede to Great Britain, not
only Nova Scotia, Canada, and all their dependencies, but, " in
order to establish peace on solid and durable foundation, and to
remove forever, all subjects of dispute, with regard to the British
and French territories on the continent of America, to agree, that,
for the future, the confines between the dominions of his Britan
nic majesty and those of his most christian majesty, in that part
of the world, should be fixed irrevocably, by a line drawn along
the middle of of the river Mississippi, from its source to the river
Iberville, and from thence by a line drawn along the middle of
the river, and the lakes Maurepas and Pontchartrain, to. the sea ;
and for this purpose, the most christian king, cedes in full right,
and guarantees to his Britannic majesty, the river and port of
Mobile, and every thing he possesses, or ought to posses, on the
left side of the river Mississippi, except the town of New Or
leans and the island in which it is situated, which shall remain
to, France." The navigation of the river Mississippi, was to be
open and free to the subjects of both parties, from its source to
the sea, and particularly that part between the island of Orleans
and the right bank of the river, and the passage in and out of its
mouth. The vessels of the subjects of neither party, were to
be stopped, visited, or subjected to the payment of any duty
whatever. To obtain the restoration of Havana, the king of Spain was
obliged to yield to Great Britain, Florida, St. Augustine, the bay
of Pensacola, and all her possessions on the continent of North
America, to the east and south east ofthe Mississippi. To com
pensate Spain for the loss of Florida, and no doubt, "to bal-
Vol. I. 20

150 POLITICAL AND CIVIL HISTORY
ance" the advantages, or disadvantages ofthe war, according to
the terms of the family compact, France, on the 3d day of No
vember, the very day when Spain gave up Florida, by a secret
treaty, ceded Louisiana to his Catholic majesty.
By a royal proclamation ofthe 7th of October, 1763, his Bri
tannic majesty, divided his new acquisitions in North America, into
three separate governments, by the names of Quebec, East Flor
ida, and West Florida. The government of Quebec, or the
province of Canada, as it was afterwards called, was bounded
on the Labrador coast by the river St. John, and from thence by
a line drawn from the head of that river through the lake St.
John, to the south end of lake Nipissim ; from whence the said
line, crossing the river St. Lawrence, and lake Champlain,
in 45 degrees of north latitude, passes along the highlands which
divide the rivers, that empty themselves into the said river St.
Lawrence, from those which fall into the sea; and also along
the north coast of the bay de Chaleurs, and the coast of the
gulf of St. Lawrence to cape Rosieres, and from thence crossing
the mouth of the river St. Lawrence, by the west end of the isl
and of Anticosti, terminates at the aforesaid river of St. Johns.
West Florida was bounded by the gulf of Mexico south, east
by the river Apalachicola, north by the 31st degree of latitude,
and west by lakes Maurepas, Pontchartrain and the river Missis
sippi. East Florida, west by the gulf of Mexico and the river Apa
lachicola ; to the northward, by a line drawn from that part of
the same river, where the Chatahouche and Flint rivers meet, to
the head of St. Mary's, and from thence by said river to the At
lantic ocean. By the same proclamation, the crown reserved,
under its own dominion, for the use of the Indians, " all the lands
and territories lying to the westward of the sources of the rivers
which fall into the sea from the west and northwest ;" and the
governors of the colonies were forbid to make any grants of the
lands thus reserved.
We cannot close this summary, without adverting to the lite
rary institutions established by the colonists, particularly those

OF THE UNITED STATES. 151
for general education. Primary schools first commenced in New
England. Aware of the importance and necessity of informa
tion among the people, in order to secure and perpetuate their
liberties, the legislators of New England, at an early period,
made provision for instructing all in the first rudiments of learn
ing. In this, the clergy, who were not less distinguished for their
literature than their piety, cordially co-operated. In making this
provision, for the general and early education of their childreh,
their views were not limited to the single object, though an im
portant one, of malting them better men and better citizens, but
what was justly deemed by them, of infinitely more importance,
better christians.
By enabling every one in the community to read the sacred
scriptures, they hoped to make them better acquainted with their
duties towards their Creator, as well as towards their fellow
creatures. Schools for general education were established in Boston, in
1635, by the inhabitants of that town ; and in 1647, the legisla
ture of Massachusetts, declared, by a general law, " that every
township with fifty families should provide a school, where chil
dren might be taught to read and write ; and that every township
of one hundred families, should provide a grammar school where
youth could be fitted for the University."* This law was sub
stantially adopted in the code of laws established by the colony
of Connecticut, in 1650, with a preamble, declaring, in the
quaint language ofthe day, that *' It being one chief object of that
old deceiver Satan, to keep men from the knowledge of the
scriptures, as in former times keeping them in an unknown
tongue, so in these latter times, by persuading them from the use
of tongues, so that at least, the true sense of the original, might
be clouded by false glosses of saint seeming deceivers ; and that
learning may not be buried in the graves of our forefathers in
church and Commonwealth."!
In the system of New Haven colonial laws, published in 1656,
it is ordered, " that the deputy for the particular court, in each
* North American Review, new series, vol. 10, p. 453. fStateRecords of Conn.

152 POLITICAL AND CIVIL HISTORY
plantation in this jurisdiction, for the time being, or where
there are no such deputies, the constables or other officers
in public trust, shall, from time to time, have a vigilant eye
on their brethren and neighbors, within the hmits of said planta
tions, that all parents and masters do duly endeavor, either by
their own ability and labor, or by improving such schoolmasters
or other helps and means, as the plantation doth afford, or the
family may conveniently provide, that all their children and ap
prentices, as they are capable, may, through God's blessing,
obtain, at least, so much as to be able to read the scriptures
and other good and profitable books in the Enghsh tongue, being
their native language, &c."*
In 1663, it was proposed by the court ofthe Plymouth colony,
to the several towns within that jurisdiction, '¦ as a thing that
they ought to take into their serious consideration, that some
course may be taken, that in every town there may be a school
master set up to train up children to reading and writing."!
These laws laid the foundation of the system of free schools,
in New England. Here the children of the poor as well as the
rich, were taught; and the divisions of the towns into small dis
tricts, rendered these schools accessible to all. They were sup
ported in a manner, which experience has proved, and the opin
ions of some of the ablest writers on political economy, have de
clared, best adapted to effect the important object of general
education. Part ofthe expense was paid by the parents or mas
ters of the children, and the residue from the pubhc treasury.
The details of this admirable system of popular education, and
a developement of the immense benefits the community has de
rived from it, would lead us far beyond our prescribed limits.
The system itself, we would observe, however, has been greatly
improved, since the American revolution, and in many of the
States, large and permanent funds have been provided for the
support of common schools.
" North American Review, new series, vol. 7, p. 381.
t Massachusetts Historical Collection, new series vol. 4, p. 79.

OF THE UNITED STATES. 153
The colonists did not confine their views and exertions to the
establishment of primary schools ; they also founded and endow
ed colleges and universities, for the education of those, who were
disposed to become acquainted with the higher branches of sci
ence, or wished to qualify themselves for the learned professions ;
and for the foundation and support of these, the clergy contribu
ted not only their talents, but their wealth. Massachusetts led
the way, in the establisment of American colleges. Harvard was
founded in 1638, and seven more were, also, established, in the
several colonies, prior to their complete separation from Great
Britain: William and Mary in Virginia, in 1693, Yale, Connect
icut, in 1701, Princeton, New Jersey, in 1738, King's now Co
lumbia, New York, in 1754, Providence, Rhode Island, in 1764,
Dartmouth, New Hampshire, in 1770, and Hampden and Sid
ney, Virginia, in 1774. ' >
Though the advantages in these seminaries were not equal to
those, in older institutions of the same kind in Europe, yet
here were educated most of those Americans, who have been
distinguished not only as divines, lawyers, and physicians,
but as statesmen and warriors. Here they became better ac
quainted with their rights, as well as more capable of asserting
and defending them. Many of the brave officers who deserved
so much of their country, in the war of the revolution, went di
rectly from the college to the field, and most of the American
State papers, during that trying period ; papers, which have
been the theme of just eulogy in Europe, as well as in this
country, were from the pens of those, who received their educa
tion in these seminaries.
The political, civil, and literary institutions, which we have thus
briefly and imperfectly noticed, established principally by the
colonists themselves, partook not a little, as the reader must have
observed, of the character of their authors ; a character, as has
been often remarked, peculiar to the settlers in the new world,
and in many respects different from that ofthe great mass ofthe
people in Europe. Great Britain herself, at the the commence
ment of the revolution, was ignorant of the character of her nu-

154 POLITICAL AND CIVIL HISTORY, &c.
merous subjects in America ; and indeed, the American charac
ter, even at this day, is not perfectly understood in Europe. The
difference in the, circumstances and condition of the great mass
of the inhabitants of the new and the old world, seems to have
been overlooked, by most of the Europeans. It could not have
escaped, one would suppose, the attention of the most superfi
cial observer, that no ordinary motives, no common energy of
mind, could have induced the first settlers of America, to leave
their native homes, for a wilderness ; much less to encounter the
dangers to which they were exposed ; and to endure the hard
ships necessarily incident to their new situation. Though the
motives and views of those who settled in the different colonies,
were different, yet their situation, in their new places of abode,
being, in many respects, similar, naturally produced in all, an en
ergy of character, and a spirit of independence, unknown, in the
great mass of the people they had left in Europe. In most of
the colonies, the inhabitants held their lands in fee simple, free
from rents. Feudal tenures were unknown in America. Every
man was a freeholder, and his freehold was at his own disposal.
Attached to the farm on which he hved, and from which he sup
ported himself and his family, he had every inducement to secure
and defend it. This independent situation was immediately felt, by
the first emigrants to North America. Alluding to this situation,
so different from that of many he had left in England, one of the
first settlers in Plymouth, in a letter to his friend there, observes,
" We are all freeholders, and the rent day does not trouble us."*
This independent condition of the colonists, with respect to
the tenure of their lands, combined with that equality which ex
isted among them, arising from an equal distribution of property,
a general diffusion of knowledge, and a share which all had in
the government, naturally produced a love of liberty, an inde
pendence of character, and a jealousy of power, which ultimate
ly led, under divine Providence, to that revolution, which placed
them among the nations of the earth.
4 Hazard, vol. 1, p. 120.

CHAPTER VI.
Peace of 1763 — An important event to the Colonies — Excites great joy in America-—
Navigation Acts enforced by writs of assistance — Opposed in Massachusetts —
Stamp Duties proposed in Parliament — Opposed in the Colonies as a violation of
their rights — Petitions and resolutions against them — Petitions rejected — Stamp
Act passed — Excites great alarm in the Colonies— Resolutions of the Virginia
House of Burgesses against it — Meeting of a Congress of the Colonies in 1765 —
Declaration of rights and petitions of this Congress in opposition to the Stamp
Act — Resolutions of Colonial Assemblies and associations of individuals — Disturb
ances at Boston — Act not suffered to be executed — New Ministry — American pa
pers laid before Parliament — Resolutions of Conway declaratory of the right of
Parliament to bind the Colonies in all cases — Debate upon them — Passed by a large
majority — Examination of Dr. Franklin and others in the House of Commons —
'*¦ Stamp Act repealed — Speeches of Lord Chatham and Lord Grenville on the ques
tion ofthe repeal.
The peace of 1763, which secured to Great Britain all the
country east of the Mississippi, and annihilated the French power
in North America, constitutes a new and important era in the
annals of the colonies.
The colonists were now freed from a deadly enemy along
their extensive western frontier; an enemy from whom, in con
junction with their Indian allies, they had, for nearly a century,
been subjected to pillage, devastation, and murder. This event
produced great joy among the colonists ; and was accompanied
with feelings of gratitude towards the parent country, and loyal
ty towards the young prince, under whose reign it was accom
plished. These feelings would have continued, but for new en
croachments on their rights ; and a course of policy soon after
adopted by the British ministry towards the colonies ; a poli
cy which finally led to a separation of the two countries, and
produced a revolution, which, whether viewed in its immediate
or more remote consequences, has been unequalled in the history
of modern times.
The precise limits of royal and parliamentary authority over
the colonies had never yet been settled.

156 POLITICAL AND CIVIL HISTORY
The acts restraining the trade and manufactures of the colo
nies, as well as other acts of parliament, to which we have allu
ded, were deemed, by the colonists, in some instances, a viola
tion of their rights, and in others, an unnecessary and improper
sacrifice of their interest, to the supposed interest of the parent
country, or some other more favored part of the British empire ;
and had been little regarded by them. A distinction had been
made, between what were called external and internal taxes, and
which, whether just or not, had been acquiesced in. The former
were considered as imposed, for the regulation of the trade of
the empire, and not for the purpose of revenue.
Plans of laying .internal taxes and of drawing a revenue from
the colonies, had been, at times, suggested to the ministry, and
particularly to Sir Robert Walpole and Mr. Pitt, during their ad
ministrations. These statesmen were too wise and sagacious to
adopt them. "I will leave the taxation of the Americans,"
Walpole answered, " for some of my successors, who may have
more courage than I have, and less a friend to commerce than I
am. It has been a maxim with me," he added, " during my ad
ministration, to encourage the trade of the American colonies,
to the utmost latitude ; nay, it has been necessary, to pass over
some irregularities in their trade with Europe ; for by encourag
ing them to an extensive growing foreign commerce, if they gain
£500,000, I am convinced that in two years afterwards, full
£250,000 of this gain will be in his majesty's exchequer, by the
labor and product of this kingdom, as immense quantities of every
kind of our manufactures go thither ; and as they increase in
the foreign American trade, more of our produce will be wanted.
This is taxing them more agreeably to their own constitution
and laws."*
Pitt, in his celebrated speech on the repeal of the stamp
act, referring to the conduct of several preceding administra
tions, says, " none of these thought, or ever dreamed of robbing
the colonies of their constitutional rights. That was reserved to
mark the era of the late administration : not that there were
* Bissett's History, vol. 1, p, 227, and Botta, vol. 1, p. 52.

OF THE UNITED STATES. 1 57
wanting some, when I had the honor to serve his majesty, to pro
pose to me to burn my fingers with an American stamp act.
With the enemy at their back, with our bayonets at their breasts,
in the day of their distress, perhaps the Americans would have
submitted to the imposition ; but it would have been taking an
ungenerous and unjust advantage."
Whatever might have been the views or wishes of any individ
ual of. the British cabinet, at any period, relative to drawing a
revenue directly from the colonies, no one had been bold enough
to make the attempt, until after the reduction of the French
power in America. This was deemed a favorable moment, to
call upon the Americans for taxes, to assist in the payment of a
debt, incurred, as was alleged, in a great measure, for their pro
tection against a powerful enemy, now no longer an object of
their dread.
A British statesman should have reflected, that, if the Ameri
cans were relieved from a dread of their ancient enemy, they no
longer required the protection of the parent country, against that
enemy ; and that the strongest hold on their dependence was
gone, when Canada was gained.* The views ofthe British cab
inet were not limited to internal taxes, but extended to a more
rigid execution of the navigation acts, and acts regulating the
trade of the colonies, and to a new modification of their govern
ments, particularly the charter governments, rendering them
more dependent on the crown.
In 1760, orders were sent to the American custom house offi
cers, and particularly to those of Massachusetts, to take more
effectual measures for enforcing the acts of trade, especially the
act' imposing duties on foreign sugar and molasses ; and they
were directed, if necessary, to apply to the superior court, of the
* Governor Hutchinson, in a letter to Lord Dartmouth, Dec. 14, 1773, says, " Be
fore the peace, I thought nothing so much to be desired as the cession of Canada."
" I am now convinced, that if it had remained to the French, none of this spirit of
opposition to the mother country would have appeared, and I think the effects of it
are worse than all we had to fear from the Frenchand Indians." — Almon's Remem
brance, for 1776, p. 62.
Vol. I. 21

158 POLITICAL AND CIVIL HISTORY
province, for writs of assistance, as they were called, 'to enable
them, by authority of law, to break open and enter houses, shops,
&c, to search for foreign goods illegally imported, as well as for
those on which the duties had not been paid.
The first application for a writ of this kind, was made by the
deputy collector, at Salem, in November, 1760. In this applica
tion, the collector stated to the court then sitting at Salem,
" that he could not fully exercise his office, in such a manner as
his majesty's service required, and therefore prayed the court to
grant him a writ of assistance, to aid him in the execution of his
duty, according to the usages of the court of exchequer, in Great
Britain.*" Mr. Sewall, a distinguished jurist, was then chief
judge of the court, and great doubts were expressed by him, as
to the legality of the writ, and the power of the court to grant
it. The court, therefore directed the question to be argued, at
the next term, at Boston, in February, 1761. Before the next
term, chief justice Sewall died, and Thomas Hutchinson was ap
pointed in his room. The merchants of Boston as well as Salem,
were not a little alarmed at this application. A new state of
things was presented. Acts relating to their trade, hitherto in a
great measure, suffered to lie dormant, or disregarded and evad
ed, were now to be enforced with the utmost rigor, and in a man
ner totally unprecedented.
If these acts were to be rigidly enforced, an extensive circui
tous trade of that province, a principal source of its prosperity
and wealth, a trade which had enabled the merchants to pay for
the great quantity of British manufactures they usually imported,
would be destroyed. They resolved to resist the application, and
for that purpose engaged Mr. Thacher and Mr. Otis, two of the
most distinguished counsellors in Boston. The application was
supported by Mr. Gridley, then also, one of the most eminent
lawyers in Massachusetts, acting as king's attorney, as authorized
by the statute of 7 and 8 of William, passed, as we have before
stated, more effectually to enforce the old navigation acts regard
ing the plantations. It was opposed by Mr. Thacher and Mr.
Minot, vol. 2, p. SO.

OF THE UNITED STATES. 1 59
Otis, because it prayed for a writ unknown in the history of co
lonial jurisprudence, and which, if granted, would be an instru
ment of tyranny and oppression. Mr. Otis was not only an em
inent lawyer, but was, also, distinguished for bis eloquence and
classical learning ; and as the aid of the court was required, to
enforce laws peculiarly obnoxious to the people of Massachusetts,
he took this opportunity to comment on the laws themselves, in
a style and manner, calculated to excite the indignant feelings of
the colonists against them. He took an extensive view of the
policy of the parent country, towards the colonies, as manifested
not only by her various acts, but by some of her celebrated poli
tical and commercial writers. He not only denied the power of
the court to grant the writ, but declared, that most ofthe acts to
be enforced by it, were tyrannical, oppressive, and opposed to the
best interests of the colonies ; and that those which could be con
sidered as revenue acts, were unconstitutional and void. It is un
fortunate for the political annals of America, that the speeches
of Mr. Thacher and Mr. Otis, on this occasion, as well as those
of many other American statesmen, at the commencement and
during the progress of the American revolution, could not have
been preserved entire. They would have served more accurate
ly, to show the progress and spirit of public opinion in the colo
nies, in relation to the great contest with the parent country, as
well as more clearly to ascertain the principles by which the ac
tors in that great political drama were governed. Most of these
speeches now only remain in the imperfect recollection of a
few, very few of those, who yet survive that interesting period.
The late venerable patriot, John Adams, after a lapse of fifty
seven years, recurring to the scenes then passing in Massachu
setts, and the arguments of Mr. Thacher and Mr. Otis, on the
interesting question of enforcing the British plantation acts, seems
again animated with the spirit of his early years. " Otis," he re
marks, " was a flame of fire! with a promptitude of classical al
lusion, a depth of research, a rapid survey of historical events
and dates, a profusion of legal authorities, a prophetic glance of
his eyes into futurity, and a rapid torrent of eloquence, ho hurri-

160 POLITICAL AND CIVIL HISTORY
ed away all before him. American independence was then and
there born. The seeds of patriots and heroes to defend the non
sine diis animosus inf ans, were then and there sown. Every
man of an immense crowded audience, appeared to me to go
away, as I did, ready to take arms against writs, of assistance.
Then and there was the first scene of the first opposition to the
arbitrary claims of Great Britain."*
The imperfect sketch of this speech, given by Judge Minot,
shows the bold and daring spirit of Mr. Otis ; and the manner in
which it was received, evinces a continuance of the same inde
pendent spirit which had always distinguished the people of
Massachusetts against the unjust claims of the parent country.
" I will to my dying day," exclaimed Mr. Otis, " oppose with
all the powers and faculties God has given me, all such instru
ments of slavery on the one hand, and villainy on the other. It
appears to me the worst instrument of arbitrary power, the most
destructive of English liberty and the fundamental principles of
law, that was ever found in an English law book."!
The duty on foreign sugar and molasses, imposed by the 6th
of George II, particularly that on molasses, had never been col
lected in Massachusetts. The orders for enforcing the collection
of this duty, were extremely obnoxious to the people of that pro
vince. A great quantity of molasses, was- brought into Massa
chusetts, from the foreign West India Islands, in exchange for
fish, lumber, &c, and there distilled.
It was considered essentially necessary, for the support ofthe
fisheries, and in some way more or less, entered into the trade of
that province ; and particularly in that to Africa. The duty, if
rigidly collected, would amount to a prohibition. Governor Ber
nard, in one of his letters to the ministry, acknowledged that it
had not been collected ; and declared that " the publication of
the orders, for the strict collection of the molasses act, had caus
ed a greater alarm in the country than the taking of Fort Will
iam Henry, in 1757." Mr. Otis viewed this a revenue act and
declared it unconstitutional, a violation of all the rights of nature,
* Mr. Adams' Letters to Mr. Tudor. f Minot, vol. 2, p. 92.

OF THE UNITED STATES. 1G1
of the English constitution, and of all the charters and compacts
with the colonies ; and if carried into execution, by writs of as
sistance and courts of admiralty, would destroy all security of
life, liberty, and property ; and that this and some other acts
could never be executed. That the whole power of Great Brit
ain would be insufficient for this purpose."*
The court took time to deliberate on the question of granting
the writ, and postponed a decision until the next term ; and in
the mean time wrote to Great Britain for information on the sub
ject. Writs were afterwards granted, but were extremely unpopu
lar. In 1 762, a bill passed the assembly restraining the issuing of
these writs, except to custom house officers and then only upon
special information on oath. But the governor refused his assent
to the bill, and the assembly, by way of revenge reduced his sal
ary."! Writs of assistance, it is believed, were never granted in Con
necticut, though the board of trade, in July, 1763, in their letter
to the governor of that colony, on the subject of the navigation
acts, declared that his majesty's resolution was so fixed " to have
the most implicit obedience to his commands, for enforcing
them, that he would not pass unnoticed, any negligence on the
part of any person."
That a material change in the colonial governments was again
contemplated by the British cabinet, there can be no doubt. The
necessity of such a measure, was frequently the subject of con
versation among the officers of the crown, in America ; and in
1762, gentlemen from England were introduced to Americans, as
" employed by Lord Bute to travel the country, and learn what
might be proper to be done, in the grand plan of reforming the
American governments. "\
The famous letters of Bernard, governor of Massachusetts, on
law and polity in relation to the colonies, were published in 1764.
The views of this representative and favorite of the king, were,
* Mr. Adams' Letters to Mr. Tudor, p. 293. ] Life of Jno. Adams, in the Biography
of the Signers to the Declaration of Independence, vol. 8, p. 211.
% Gordon, vol. 1, p. 101.

162 POLITICAL AND CIVIL HISTORY
no doubt, in accordance with those of the British ministry. He
declared, "that a general reformation of the American govern
ments was not only a desirable, but a necessary measure." He
did not hesitate to avow, among other things, that parliament
had full power to alter the forms of the colonial governments, at
pleasure, notwithstanding the royal charters. These govern
ments, he said, should be large and respectable, as the surest
means oi preventing revolts in future. He recommended that a
nobility for life, should be established in the colonies, to be ap
pointed by the crown and made independent — that the colonies
be reduced in number, without any regard to their then bounda
ries ; and that the form of government in all, should be the same.
He advocated the right of parliament to impose taxes on the
colonies, though unrepresented therein ; but to prevent disputes
on this subject, he suggested the expediency of admitting repre
sentatives from America. The taxes paid by the colonists, he
proposed should be applied for the support of the colonial gov
ernments. The publication of these letters gave great alarm to
the colonists, and particularly the people of Massachusetts, and
was one of the causes of their subsequent opposition to the au
thor of them.
The difficulties which grew out of the stamp duties, probably,
prevented the immediate execution of this plan of reform.
Soon after Lord Grenville became prime minister, the project
of imposing internal taxes in America, was carried into effect.
In the winter of 1 764, that minister called together the agents of
the colonies, and gave them notice of his intention of drawing
a revenue from the colonies ; and that for this purpose, he should,
in the ensuing session of parliament, propose a duty on stamps.
He had made them acquainted with this intention, he said, that
they might consider of it, and inform him, whether any other du
ty equally productive and more agreeably to the colonies, could
be substituted : and he desired them to write to their respective
governments, on the subject.* Soon after this, resolutions were
passed in the house of commons, continuing and making perpet-
' Franklin's Works, Vol. 1, p. 204.

OF THE UNITED STATES. 163
ual the duties on sugar, molasses, and some other articles, inport-
ed into the colonies, with additions and amendments.
A resolution, also, passed about the same time, declaring, "that
it might be proper to charge certain stamp duties in the colonies."
The further consideration of the last resolution, was postponed to
the next session of parliament. This was done, the minister said,
" in complaisance to the colonies, to give them an opportunity
to pass it themselves, or some other equivalent," being willing
" to consult the ease, the quiet and good will of the colonies."*
An act, however, was passed, on the 5th of April, carrying into
effect, the first resolutions.
The preamble to this act fully disclosed its , real object.
" Whereas it is expedient that new provisions and regulations
should be established, in improving the revenue of this kingdom,
and for extending and securing the navigation and commerce be
tween Great Britain and your majesty's dominions in America —
and whereas it is just and necessary that a revenue be raised in
America for defraying the expenses of defending, protecting and
securing the same, the commons do, towards raising the same,
give and grant, &c."
The ease and convenience of the colonists, were as little re
garded, in the mode of enforcing the collection of these duties,
as their rights and privileges in the imposition of them. All pen
alties for any breach of this act, as well as of all other acts
relating to trade and revenue, incurred in America, might be
recovered in any court of admiralty in the colony, where the
offense was committed, or in any other vice-atlmiralty court.
which might be appointed, over all America, at the election of
the informer.
About the same time, the British minister, for the purpose of
preventing all illegal trade between the British colonies, and for
eign American possessions, made the naval commanders revenue-
officers, directed them to take the usual custom house oaths, and
to conform to the custom house regulations. By this means, a
trade with the Spanish and French colonies in America, hitherto
highly advantageous, not only to the English colonies, but U<
* Minot, Vol. 2, p. 156.

164 POLITICAL AND CIVIL HISTORY
Great Britain herself, was destroyed, and many seizures of vessels
made, which greatly distressed and harassed the Americans.
These ministerial and parliamentary proceedings, were soon
communicated to the colonies, by their agents.
The colonists, atonce, took the alarm, particularly at the con
templated stamp duty ; and instead of yielding to it, or providing
an equivalent, according to the suggestion of the minister, they re
iterated, though in a more full and ample manner, the declara
tions, so often made by their ancestors, that they could only be
taxed in their colonial legislatures, where, and where alone, they
were represented. The people of Boston, in May, 1764, at their
meeting, instructed their representatives to the general court, on
this important subject. In these instructions, which were drawn
by Samuel Adams, one ofthe committee appointed for that purpose,
after commenting on the sugar and molasses act, they proceed to
observe, "but our greatest apprehension is, that these proceedings
may be preparatory to new taxes ; for if our trade may be taxed,
why not our lands ? Why not the products of our lands and every
thing we possess or use ?"
" This, we conceive, annihilates our charter rights to govern
and tax ourselves. It strikes at our British privileges ; which, as
we have never forfeited, we hold in common with our fellow sub
jects, who are natives of Britain. If taxes are laid upon us, in
any shape, without our having a legal representation where they
are laid, we are reduced from the character of free subjects, to
the state of tributary slaves."
" We, therefore, earnestly recommend it to you to use your
utmost endeavors to obtain, from the general court, all necessa
ry advice and instruction to our agent, at this most critical junc
ture. We also desire you to use your endeavors that the other
colonies, having the same interests and rights with us, may add
their weight to that of this province ; that by united application
of all who are aggrieved, all may obtain redress."* This was
the first public act in the colonies, in opposition to the ministeri
al plans of drawing a revenue directly from America ; and it
* Life of Samuel Adams, Signers ofJDeclaration of Independence, vol. 9, p. 291.

OF THE UNITED STATES. 165
contained the first suggestion of the propriety of that mutual un
derstanding and correspondence among the colonies, which laid
the foundation of their future confederacy. The house of repre
sentatives of Massachusetts, in June following, declared, " That
the sole right of giving and granting the money of the people of
that province, was vested in them, or their representatives ; and
that the imposition of duties and taxes by the parliament of Great
Britain upon a people not represented in the house of commons,
is absolutely irreconcileable with their rights. That no man
can justly take the property of another, without his consent ; up
on which original principles, the power of making laws for levy
ing taxes, one of the main pillars of the British constitution is,
evidently founded."
The same sentiments are expressed, though in stronger lan
guage, in their letter of instructions to their agent. " If the
colonists are to be taxed at pleasure," they say, " without
any representatives in parliament, what will there be to dis
tinguish them, in point of liberty, from the subjects of the
most absolute prince ? If we are to be taxed, at pleasure, with
out our consent, will it be any consolation to us, that we are
to be assessed by an hundred instead of one ? If we are not re
presented, we are slaves." The house, also, at the same time,
appointed a committee, to sit in the recess of the court, to write
to the other colonies, requesting them to join in applying for a re
peal of the sugar act, and preventing the passage ofthe act laying
stamp duties, or any other taxes on the American provinces.* In
May, 1 764, the assembly of Connecticut appointed a committee
to assist the governor in drawing up reasons, why the colonies
should not be charged with internal taxes, by authority of par->
liament. These reasons were drawn principally by Mr. Fitch,
an able jurist, then governor of Connecticut, which being re
ported to the assembly of that colony were approved. In the
course ofthe year 1764, petitions to the king and both houses of
parliament, were prepared in many of the colonies, and sent to
their agents. The general court of Massachusetts, was prorogued
•Minot, vol. 2, p. 175,
Vol. I. 22

166 POLITICAL AND CIVIL HISTORY
until October. The house of representatives of that colony-
agreed upon a petition in accordance with their resolutions of
June preceding. This being sent to the council for their con
currence, through the influence of Thomas Hutchinson, one of
the joint committee, to whom it was referred, was finally so al
tered and modified, as to place the objections of that colony to
the stamp act, on the ground oi expediency rather than oi right.
The petitions of the other colonies, however, spoke a more
bold and decisive language. The memorial of the assembly of
Virginia, to the house of commons, declared that " they conceiv
ed it essential to British liberty, that laws imposing taxes on the
people ought not to be made, without the consent of representa
tives chosen by themselves ; who, at the same time, that they are
acquainted with the circumstances of their constituents, sustain
a proportion of the burden laid on them. This privilege, inher
ent in the persons who discovered and settled these regions,
could not," they observed, "be renounced, or forfeited by their
removal hither, not as vagabonds and fugitives, but licenced and
encouraged by their prince, and animated with a laudable desire
of enlarging the British dominions and extending its commerce ;
on the contrary it was secured to them and their descendants,
with all other rights and immunities of British subjects, by a royal
charter, which hath been invariably recognized and confirmed by
his majesty, and his predecessors in their commissions to the sev
eral governors, granting a power and prescribing a form of legis
lation, according to which, laws for the administration of jus
tice, and for the welfare and good government of the colony have
been enacted by the governor, council, and general assembly ;
and to them, requisitions and applications for supplies have been
directed by the crown."
The petitions of the assembly of New York were drawn with
great ability, and breathed a spirit more bold and decided than
those from any other colony. In that to the house of commons,
after stating that from the year 1683, there had been in that
province, three legislative branches, consisting of the governor
and council, appointed by the crown, and the representatives

OF THE UNITED STATES, 167
chosen by the people, and who had enjoyed the right of taxing
the subject for the support of the government, and that they had
always granted aid to the crown, according to their abilities, they
add, " but an exemption from the burden of ungranted and in
voluntary taxes, must be the grand principle of every free State.
Without such a right vested in themselves, exclusive of all others,
there can be no liberty, no happiness, no security ; it is insepara
ble from the very idea of property ; for who can call that his own
which may be taken away, at the pleasure of another 1 and so
evidently does this appear to be the natural right of mankind,
that even conquered tributary States, though subject to the pay
ment of a fixed periodical tribute, never were reduced to so ab
solute and forlorn a condition, as to yield to all the burdens,
which their conquerors might, at any future time, think fit to im
pose. The tribute paid, the debt was discharged; and the re
mainder they would call their own."
" And if conquered vassals, upon the principle of mutual jus
tice, may claim a freedom from assessments, unbounded and un-
assented to, without which they would suffer the loss of every
thing, and life itself become intolerable, with how much proprie-
ty and boldness, may we proceed to inform the commons of Great
Britain, who to their distinguished honor in all ages, asserted
the liberties of mankind, that the people of this colony nobly dis
dain the thought of claiming that exemption as a privilege.
They found it on a basis more honorable, solid, and stable ; they
challenge it and glory in it, as their right. That right their an
cestors enjoyed in Great Britain and Ireland, their descendants
returning to these kingdoms, enjoy it again, arid that it may be
exercised by his Majesty's subjects at home, and justly denied
to those, who submitted to poverty, barbarian wars, loss of blood,
loss of money, personal fatigues and ten thousand unutterable
hardships, to enlarge the trade, wealth and dominion of the na
tion ; or to speak with the most incontestable modesty, that when,
as subjects, all have equal merits, a fatal, nay the most odious dis
crimination should nevertheless be made between them, no
sophistry can recommend to the sober impartial decision of

168 POLITICAL AND CIVIL HISTORY
While the assembly of New York, acknowledged that parlia
ment had a right to regulate the trade of the colonies, they de
clared, that in doing this, they had not the right of imposing du
ties for the purpose oi revenue.
On this subject, they say to the house of commons, with equal
boldness, " but a. freedom to drive all kinds of traffic, in subordi
nation to, and not inconsistent with the British trade, and an ex
emption from all duties in such a course of commerce, is humbly
claimed by the colonies, as the most essential of all the rights,
to which they are entitled as colonists, and connected in the com
mon bond of liberty, with the free sons of Great Britain. For,
with submission, since all impositions, whether they be internal
taxes, or duties paid for what we consume, equally diminish the
estates upon which they are charged, what avails it to any peo
ple, by which of them they are impoverished ?"
" Every thing will be given to preserve life ; and though there
is a diversity in the means, yet the whole wealth of a country
may be as effectually drawn off, by the exaction of duties as by
any other tax upon their estates." In conclusion the assembly
declare, they " have no desire to derogate from the power of
the parliament of Great Britain; but they cannot avoid deprecat
ing the loss of such rights, as they have hitherto enjoyed, rights
established in the first dawn of our constitution, founded upon
the most substantial reasons, confirmed by invariable usage, con
ducive to the best ends ; never abused to bad purposes, and with
the loss of which, liberty, property, and all the benefits of life
tumble into insecurity and ruin ; rights, the deprivation of which,
will dispirit the people, abate their industry, discourage trade, in
troduce discord, poverty and slavery ; or by depopulating the
colonies, turn a vast, fertile, prosperous region, into a dreary
wilderness, impoverish Great Britain, and shake the power and
independence of the most opulent and flourishing empire in the
world."* The committee appointed to transmit this petition to the agent
of the colony, and to correspond with him, was, also, directed
* Records of New York.

OF THE UNITED STATES. 169
" to write to, and correspond with the several assemblies or com
mittees of assemblies, on this continent, on the subject matter of
the act commonly called the sugar act ; ofthe act restraining paper
bills of credit in the colonies from being a legal tender, and of
the several other acts of parliament, lately passed with relation
to the trade of the northern colonies ; and also, on the subject of
the impending dangers, which threaten the colonies, of being
taxed by laws, to be passed in Great Britain." While the colo
nists, in their various petitions denied the right of parliament to
tax them, without their consent, they expressed their willingness
to grant aids to the crown, according to their abilities, through
their own legislatures, whenever such aids should be required in
the usual constitutional mode. As all aids granted lo the crown,
agreeably to the British constitution, were the free gifts of the
people, the colonists claimed the right of judging, as to the
amount and manner of these gifts ; and were, therefore, unwil
ling, indirectly, to acknowledge or countenance the right of par
liament to tax them, by proposing any substitute for the stamp
duty, which substitute, parliament might accept or reject at
pleasure. In addition to the acts and declarations of the colonial legisla
tures, individuals during the year 1764, instructed and enlighten
ed the colonists, by numerous publications, not only in the news
papers, but in pamphlets. Among the latter, " The rights ofthe
colonies asserted and proved,'' by Mr. Otis, and " The sentiments
of a British American," by Oxenbridge Thacher, were particular
ly distinguished.
Mr. Otis, among other things, declared, " that the imposition
of taxes, whether on trade or on land, on houses or ships, on real
or personal, fixed or floating property, in the colonies, is abso
lutely irreconcileable with the rights of the colonists, as British
subjects, and as men."
On the subject of the sugar and molasses act, Mr. Thacher
stated his objections, the first of which was, " that a tax was
thereby laid on several commodities, to be raised and levied in
the plantations, and to be remitted home to England. This is

170 POLITICAL AND CIVIL HISTORY
esteemed" he said, " a grievance, inasmuch as the same are laid
without the consent of the representatives of the colonists. It is
esteemed an essential British right, that no man shall be subject
to any tax but what in person, or by his representative, he hath
a voice in laying."
In the winter of 1765, at the request of the other agents of
the colonies, Dr. Franklin, Jared Ingersoll, Mr. Jackson, and Mr.
Garth, had a conference with Mr. Grenville, on the subject of
the stamp duty. Mr. Ingersoll, was from Connecticut, and had
been requested to assist Mr. Jackson, in any matters relating to
that colony ; Mr. Garth was agent for South Carolina, and he
and Mr. Jackson were members of parliament. These gentle
men, and particularly Dr. Franklin and Mr. Ingersoll, informed
the minister of the great opposition to the proposed tax in Amer
ica, and most earnestly entreated him, that if money must be
drawn from the colonies, by taxes, to leave it with the colonists,
to raise it among themselves, in such manner, as they should
think proper, and best adapted to their circumstances and abili
ties. Dr. Franklin, informed the minister, that the legislature of
Pennsylvania, had, by a resolution, declared, "that as they al
ways had, so they always should, think it their duty to grant aids
to the crown, according to their abihties, whenever required of
them, in the usual constitutional way." But neither the remon
strances ofthe colonists, nor the entreaties of their agents, were of
any avail with the ministry or parliament.-. The bill for laying
the contemplated duties, was soon brought before the house ;
and petitions from the colonies of Virginia, Connecticut, and
South Carolina, were offered in opposition to it. The house,
however, refused to receive them, in the first place, because they
questioned or denied the right of parliament to pass the bill ; and
the second place, because it was contrary to an old standing rule
of the house, " that no petition should be received against a mo
ney bill." The majority against receiving the petitions was very
large, and those from the other colonies were not offered. The
petition from New York, was expressed in such strong language,
that no member of the house could be prevailed upon to present

OF THE UNITED STATES. 1 7 1
it.* The bill passed the house 250 to 50 ; was adopted in the
house of lords with great unanimity, and on the 22d of March, re
ceived the royal sanction.
It did not pass the house of commons, without strong opposi
tion. Grenville and Charles Townshend, were its principal sup
porters. Unfortunately, Mr. Pitt, was absent, confined to his bed
by sickness. General Conway and Alderman Beckford, were
the only persons in the house, who opposed it, on the ground,
that parliament had no right to tax the colonies. Col. Barre, Mr.
Jackson, Sir William Meredith, and others, were against it, on
the ground of expediency ; alleging generally, that it was not only
impolitic, but unjust for Great Britain to impose direct taxes,
upon the colonists, while she retained the monopoly of their com
merce. We shall hereafter particularly notice the principal ar
guments which were urged on the great question of the right
of parliament to tax the colonies. We cannot, however, in this
place, forbear to mention the speech of Col. Barre, made in op
position to some remarks of Charles Townshend. It contained
so many serious truths, and so well accorded with the views and
feelings of the colonists, that it was universally read and applaud
ed by them, and cannot be too often repeated. Mr. Townshend,
in the conclusion of one of his speeches, in favor of the measure,
exclaimed, " And now will these Americans, planted by our
care, nourished up by our indulgence, until they are grown to
a degree of strength and importance, and protected by our arms,
will they grudge to contribute their mite to relieve us from the
heavy burden we lie under ?" To this Col. Barre, in a style and
manner peculiar to himself, instantly replied. " They planted by
your care ! no, your oppression planted them in America. They
fled from your tyranny, to a then uncultivated and inhospitable
country, where they exposed themselves to almost all the hard
ships, to which human nature is liable, and among others, to the
cruelties of a savage foe ; the most subtle, and I will take upon
me to say, the most formidable', of any people upon the face of
God's earth ; and yet actuated by principles of true English liber-
* Ingersoll's Letters to the Governor of Connecticut.

172 POLITICAL AND CIVIL HISTORY
ty, they met all hardships with pleasure, compared with those
they suffered in their own country, from the hands of those, who
should have been their friends."
'; They nourished by your indulgence ! They grew by your
neglect of them. As soon as you began to take care about them ;
that care was exercised in sending persons to rule them in one
department and another, who were deputies of deputies to some
members of this house, sent to prey upon them ; men, whose be
havior, on many occasions, has caused the blood of those sons of
liberty, to recoil within them ; men promoted to the highest seats
of justice, some, to my knowledge, were glad, by going to a for
eign country, to escape being brought to a bar of justice in their
own." " They protected by your arms ! They have nobly taken up
arms in your defense, have exerted their valor, amidst their con
stant and laborious industry, for the defense of a country, whose
frontier was drenched in blood, while its interior parts yielded all
its little savings to your emolument."
"And believe me, that same spirit of freedom, which actuated
that people at first, will accompany them still. But prudence
forbids me to explain myself further."
" God knows, I do not, at this time, speak from party heat.
However superior to me, in general knowledge and experience,
the respectable body of this house may be, yet I claim to know
more of America than most of you, having seen and been con
versant in that country. The people, I believe, are as truly loyal
as any subjects the king has ; but a people jealous of their liber
ties, and who will vindicate them, if ever they should be violated :
but the subject is too delicate, I will say no more."
Though the house was very forcibly struck with these senti
ments, thrown out without premeditation, and for a while, sat
amazed, and without answering a word, yet these serious truths
did not prevent the passage of the bill, by a large majority. The
act imposed duties on most of the instruments used in judicial
and commercial proceedings, and indeed, in almost all the ordin
ary transactions in the colonies : nor wefc pamphlets, newspa-

OP THE UNITED STATES. 170
pers, and ^almanacs excepted. The literature of the colonists
did not escape the notice of the ministers. A duty, of two pounds
sterling was required, for every degree conferred by seminaries
of learning.* The minister affected to beheve, and indeed de
clared, that the act embraced so many objects, that it would
" execute itself." Apprehensive, however, of opposition, a bill
was passed, during the same session, authorizing the quartering
of troops in the colonies, and directing the assemblies to furnish
them with certain articles of provisions, not before usually requir
ed. Daring the pendency of this bill, it was proposed, that the
troops might be quartered, in private houses. This, however,
was too palpable and flagrant a violation of the sacred rights of
individuals to be adopted, and the proposition was finally given
up. No act of the parent country ever excited such universal
alarm in the colonies, as this. The colonists saw, and felt, that
the act was not only a violation of their rights, but a fatal blow,
aimed at the future peace and prosperity of their country.
A solemn pause, for a short period- ensued, a pause, not arising
from any doubt entertained by the colonists, whether the act was
a violation of their rights, but as to the mode of preventing its
execution. The assembly of Virginia, was the first pubhc body that met,
after the news of the act reached America. Those, who had
heretofore taken the lead in the popular branch of that body,
seemed unwilling to approach the subject. Towards the close
of the session, about the last of May, Patrick Henry, a lawyer,
distinguished for his popular eloquence and superior strength of
intellect, without consulting more than two members, introduced
into the house of burgesses, a number of resolutions, which, after
being altered and amended, were passed as follows, as appears
from the papers of Henry himself
" Whereas the honorable house of commons in England, have
of late drawn into question, how far the general assembly of this
colony hath power to make laws for laying taxes and imposing
* See Note 4.
Vol. I. 23

174 POLITICAL AND CIVIL HISTORY
duties, payable by the people of this his majesty's m^t ancient
colony ; for settling and ascertaining the same to all future times,
the house of burgesses of the present general assembly have come
to the following resolutions."
" Resolved, that the first adventurers and settlers of this, his
majesty's colony and dominion, brought with them, and transmit
ted to their posterity and all other his majesty's subjects since in
habiting in this his majesty's said colony, all the privileges, fran
chises, and immunities, that have, at any time, been held, enjoy
ed and possessed, by the people of Great Britain."
" Resolved, that by two royal charters granted by King James
I, the colonists aforesaid, are declared entitled to all the privi
leges, liberties and immunities of denizens and natural born sub
jects, to all intents and purposes, as if they had been abiding and
born within the realm of England."
" Resolved, that the taxation of the people by themselves, or
by persons chosen by themselves to represent them, who can on
ly know what taxes the people are able to bear, and the easiest
mode of raising them, and are equally affected by such taxes
themselves, is the distinguishing characteristic of British freedom,
and without which the ancient constitution cannot subsist."
" Resolved, that, his majesty's liege people of this most ancient
colony, have uninterruptedly enjoyed the right of being thus gov
erned by their own assembly, in the article of their taxes and in
terna} police ; and that the same hath never been forfeited, or
any other way given up, but hath been recognized by the king
and people of Great Britain."
" Resolved, therefore, that the general assembly of this colony
have' the sole right and power to lay taxes and impositions upon
the inhabitants of this colony ; and that every attempt to vest
such power in any person or persons whatever, other than the
general assembly aforesaid, has a manifest tendency to destroy
British as well as American freedom."
The above resolutions were found among the papers of Patrick
Henry, after his death, sealed up, and with the following indorse
ment, " Inclosed are the resolutions of the Virginia assembly,

OF THE UNITED STATES. 175
concerning the stamp act. Let my executors open this paper."*
Chief Justice Marshall, in his hfe of Washington, gives the fol
lowing as the resolutions, which received the sanction of the as
sembly. " Whereas the honorable house of commons in England, have
of late drawn int6 question, how far the general assembly of this
colony hath power to enact laws for laying taxes and imposing
duties, payable by the people of this, his majesty's most ancient
colony ; for settling and ascertaining the same to all future times, •
the house of burgesses of this present general' assembly, have
come to the following resolutions."
" Resolved, that the first adventurers and settlers of this his
majesty's colony and dominions of Virginia, brought with them
and transmitted to their posterity, and all other his majesty's sub
jects since inhabiting in this' his majesty's colony, all the' privi
leges and immunities that have at any time been held, enjoyed
and possessed by the people of Great Britain."
" Resolved, that by the two royal'' charters granted by King
James I, the colonists aforesaid are declared entitled to all pri
vileges -of faithful liege and natural born subjects, to all intents
and purposes, as if they had been abiding and born within the
realm of England."
" Resolved, that his majesty's most liege people of this his most
ancient colony, have enjoyed the right of being thus governed by
their own authority, in the article of taxes , and internal police,
and that the same have never been forfeited, nor any other way
yielded up, but have been constantly recognized by the Icing and
people of Great Britain."
" Resolved, therefore, that the general assembly of this colo
ny, together with his majesty, or his substitute, have in their rep
resentative capacity, the only exclusive right and power to lay
taxes and irnpositions upon the inhabitants of this colony ; and
that any attempt to vest such a power in any person or persons
whatsoever, other than the general assembly aforesaid, is illegal,
unconstitutional and unjust, and has a manifest tendency to des
troy British as well as American freedom."
* Life of Patrick Henry, by Wirt, p. 56.

176 POLITICAL AND CIVIL HISTORY
Judge Marshall adds, " such were the resolutions as agreed to
by that part ofthe assembly, which was most timid. The follow
ing resolutions were also, introduced by Mr. Henry, and passed
the committee, but were disagreed to in the house."
" Resolved, that his majesty's liege people, the inhabitants of
this colony, are not bound to yield obedience to any law or ordin
ance whatsoever, designed to impose any taxation whatsoever
upon them, other than the laws and ordinances of the general
assembly aforesaid."
" Resolved, that any person who shall, by speaking or writing
maintain, that any person or persons, other than the general as
sembly of this colony, have any right or power to lay any taxa
tion whatsoever on the people here, shall be deemed an enemy
to this his majesty's colony."
A difference will be perceived between the resolutions stated
by Judge Marshall, and those found among the papers of Mr.
Henry. The third resolution, among the latter, is not noticed by
judge Marshall, and in some of the others, there is a variation in
the expressions. It is believed that the author ofthe life of Wash
ington, has given the resolutions, as originally offered by Mr.
Henry, before they were finally revised and modified by the as
sembly. It has been questioned, by the author of the life of Hen
ry, whether the two last were ever proposed by him.* The whole
of the resolutions, however, as given by judge Marshall, were
published in the newspapers of the day, and are found also, in all
the other histories of that transaction, to which we have had ac
cess. Manuscript copies of them were sent to Philadelphia, im
mediately after the first vote taken upon them, in the house of
burgesses, and they were published as having passed the assem
bly.! The two last were indeed of a bold character. To de-
* See life of Henry, p. 63, note.
t They were published in the " Connecticut Gazette," of July 5th, 1765, as taken
from a Newport paper, of June 24th, sent by a gentleman in Philadelphia, to his
friend in Newport, in a letter, in which he says, " I have enclosed the resolves ofthe
Virginia assembly on debating the stamp act. The governor, as soon as he heard
what they were about, sent for them and without preamble told them he would dis
solve them ; and that minute they weie dissolved. As they are of an extraordinary
nature, I thought that they might not be disagreeable." Gordon, vol. 1, p. 119.

OF THE UNITED STATES. 177
clare by a legislative act, that the people were not bound to yield
obedience to a law of parliament, and that whoever should speak
or write in favor of it, should be deemed an enemy to the colony,
was, at once, erecting the standard of rebellion against the pa
rent country. Nor is it surprising that so bold a proposition, at
that period, should have produced a powerful opposition in the
house of burgesses. Certain it is, that some of the resolutions
offered by Mr. Henry, occasioned a most violent, and as has
been said, by one, who was present, " most bloody" debate
in that house. They were seconded by Mr. Johnson, who was
an able constitutional lawyer, and were opposed by those, who
had before taken the lead, because not sufficiently conciliatory.
The bold and powerful eloquence of the mover, however, pre
vailed over all opposition, though the most objectionable were
carried by a single vote only. Mr. Henry did not hesitate to de
clare, that the act imposing internal duties on the colonists was
tyrannical, and that the king in assenting to it, had acted the
part of a tyrant ; and when, in the heat of debate, alluding to
the fate of other tyrants, he exclaimed, " Ctesar had his Brutus,
Charles I, his Cromwell, and George III," he was interrupted by
the speaker and others, with the cry of "treason." Mr. Henry,
pausing for a moment, and fixing his eye on the speaker, delibe
rately concluded, " may profit by their example ; if this be trea
son, make the most of it."
Mr. Henry left the assembly the evening after the passage of
the resolutions ; and the next day, on motion of some of the
members who were alarmed at the consequences of their vote,
the resolutions were so altered and modified, that only the four
first, found among the papers of Mr. Henry, were finally adopt
ed and entered on the journal.*
The proceedings of Virginia were immediately circulated
through the colonies, and roused them to action.
Before they reached Massachusetts, the house of representa
tives of that colony, aware of the importance and necessity of
* Wirt's Life of Henry, pp. 61, 62, 63, and Gordon, vol. 1, p. 118.

178 POLITICAL AND CIVIL HISTORY
unity of action and sentiment, among the colonies, on a subject
so interesting to all, declared, that it was expedient, that a con
gress, composed of commissioners from all the colonies, should be
held at New York, on the first Tuesday of October, 1765, " to
consult together on the present circumstances of the colonies,
and the difficulties to which they are and must be reduced, by
the operation of the late acts of parliament, laying duties and tax
es on the colonies, and to consider of a general and humble ad
dress to his majesty and the parliament, for relief."* Three per
sons were immediately appointed to attend such congress, on the
part of Massachusetts. A circular letter was, at the same time,
addressed by the speaker of the house, to the other colonies,
requesting the appointment of similar commissioners. In conse
quence of this, commissioners were elected, from Massachu
setts, Rhode Island, Connecticut, New York, New Jersey, Penn
sylvania, Delaware, Maryland, and South Carolina, and met at
New York, at the time designated. It was not to be expected,
that a proposition so novel, should be agreed to without some
opposition. Among the colonies south of New England, South
Carolina was the first to take into consideration the circular of
Massachusetts. Here it met with opposition, and a humorous
member of the assembly, attempted to prevent the appointment
of commissioners from that province, by treating the subject with
ridicule. Alluding to the different characters and employments
of the colonists, he said, " if you agree to the proposition of com
posing a congress of deputies from the different British colonies,
what sort of a dish will you make. New England will throw in
fish and onions, the middle colonies flax seed and flour, Mary
land and Virginia will add tobacco, North Carolina pitch, tar,
and turpentine, South Carolina rice and indigo, and Georgia will
sprinkle the whole with saw dust. Such an absurd jumble"
he said, " will you make if you attempt to form an union
among such discordant materials, as the thirteen British pro
vinces." To this a country member replied " he would not
choose the gentleman, who made the objection, for his cook, but
* Massachusetts State papers, and Note 5,

OF THE UNITED STATES. 179
nevertheless, he would venture to assert, that, if the colonies pro
ceeded judiciously in the appointment of delegates to a continen
tal congress, they would prepare a dish fit for any crowned head
in Europe."* Through the influence of Christopher Gadsden
and the eloquence of John Rutledge, a majority of the assembly
were obtained in favor of the proposition.
The people of Rhode Island were among the first to appoint
commissioners to meet at New York, and were the most deter
mined in their opposition to the acts imposing taxes upon them.
The inhabitants of Providence, on the 7th of August, at a regu
lar town meeting, resolved, " to give instructions to their repre
sentatives in general assembly, concerning the stamp act and oth
er matters," and appointed a committee to draw such instruc
tions.! This committee reported that their representatives be instruct
ed to procure the adoption of the whole of the resolutions, which
had been published as the acts of the Virginia assembly, with the
exception of the last. This report was unanimously adopted by
the inhabitants of the town, and they not only declared that the
stamp act was " unconstitutional, and had a manifest tendency to
destroy British as well as American liberty ;" but " that his majes
ty's liege people, the inhabitants of that colony, were not bound to
yield obedience to any law or ordinance, designed to impose any
internal taxation whatsoever upon them, other than the laws and
ordinances of the general assembly."
They, also, instructed their representatives, to procure an act
to bepassed, declaring, "that courts of common law alone and
not any court of admiralty, have, and ought to have jurisdiction,
in all cases growing or arising in this colony, on account of levy
ing or collecting any internal taxes, or of any matters relating
thereto ; and that such process and way of trial shall hereafter be
had and used in such matters, as have been usual and accustom
ed time out of mind. And further, that no decree of any court
* Ramsay's Revolution of South Carolina, vol. 1, p. 13.
t This committee consisted of Stephen Hopkins Jno. Cole, Nicholas Cooke, Samuel
Nightingale, James Angell, Jno. Brown, and Silas Downer.

180 POLITICAL AND CIVIL HISTORY
of admiralty, respecting these matters, shall be executed in this
colony." The assembly of Rhode Island, adopted the resolutions re
commended by the people of Providence, with an additional one,
directing all the officers " to proceed in the execution of their
respective offices, in the same manner as usual. And that the
assembly would indemnify and save harmless, all the said offi
cers, on account of their conduct agreeably to this resolution."*
The representatives of New Hampshire, from the peculiar sit
uation of that colony judged it imprudent to send representatives
to this congress, though they approved of the measure ; and
the assemblies of Virginia, North Carolina and Georgia, not be
ing in session, the governors of these colonies refused to call spe
cial assemblies, for a purpose, deemed by them, improper and un
constitutional. The lieutenant governor of New York having
likewise refused to convene the assembly, on such anoccasion,
the committee of correspondence appointed by a former assem
bly, were admitted as the representatives of that colbny.t When
the commissioners from Massachusetts first arrived in New York,
they waited on lieutenant governor Colden, and informed him
of their business ; he received them very coldly and told them
" that such a congress was unconstitutional, and unlawful, and
that he should give them no countenance." Timothy Ruggles,
one of the representatives from Massachusetts was elected to
preside in this congress.
This was the first general meeting of the colonies, for the pur
pose of considering their rights and privileges, and obtaining a
redress, for the violation of them, on the part ofthe parent country.
Partial meetings ofthe colonies, had heretofore been held, con
sisting generally of the governors and some members of their
council, at the request of the crown, for purposes not merely re
garding the interest of the colonies, but of the whole empire.
The commissioners were generally instructed to prepare suita
ble petitions and representations to the king and parliament, on
* See Note, No. 6. f See Note, No. 7.

OF THE UNITED STATES. 181
the subject bf the late acts regarding the colonies, and to pray for
relief. Those from Massachusetts were particularly instructed not to
concede that the colonists were in any manner represented in par
liament, or to consent to any proposal for a representation, should
such be made in the congress.
The assembly of Maryland directed their commissioners to ask
telief, from the burdens and restrictions lately laid on their trade
and dommerce, and especially from the taxes imposed by an act,
granting stamp duties in the colonies, &c, and to take care, that
the representation to be made to the king and parliament, " should
humbly and decently, but expressly contain an assertion of the
right of the cblbnfets to be exempt from all and every taxation
and imposition upon their persons and properties, to which they
do not consent in a legislative way, either by themselves or their
representatives, by them freely chosen and appointed."*
The commissioners of Rhode Island are directed " to assert
their rights and privileges With becoming freedom and spirit, and
to use their endeavors, that in the representation and address to
the king respecting their rights, their sentiments should be ex
pressed in the strongest manner."]
After having duly organized, and resolved, that the commis
sioners of each colony, should have " one voice" only, in deter
mining questions that should arise, this congress, on the 8th of
October, took into consideration " the rights and privileges of the
colonists, with the several inconveniences and hardships, to which
they were and must be subjected by the stamp act and other late
acts of parliament." This important subject was under consid
eration, until the 19th of October, when a declaration of the rights
and grievances of the colonists, was agreed to. In this declara
tion, consisting of fourteen articles, after acknowledging their al
legiance to the king, and " all due subordination" to parliament'
they, among other things, assert and declare, that the colonists
are entitled to all the inherent rights and liberties of his majes
ty's natural born subjects in the kingdom of Great Britain ; and
* MS. Journal ofthe Congress of 1765. t See Note 7.
Vol. I. 24

182 POLITICAL AND CIVIL HISTORY
that it is inseparably essential to the freedom of a people, and
the undoubted right of Englishmen, that no taxes be imposed on
them, but with their own consent, given personally or by their
representatives — that the colonists are not, and from their local
circumstances, cannot be represented in the house of commons
x in Great Britain — that the only representatives of the people of
these colonies are persons chosen therein by themselves, and that
no taxes ever have been or can be constitutionally imposed on
them, but by their respective legislatures — that all supplies to the
crown, being the free gifts ofthe people, it is unreasonable and
'nconsistent with the principles and spirit of the British constitu
tion, for the people of Great Britain, to grant to his majesty the
property of the colonists — that trial by jury is the inherent and
invaluable right of every British subject in the colonies, and that the
stamp act, and other acts extending the jurisdiction of the admi
ralty court beyond its ancient limits, " have a manifest tendency
to subvert the rights and liberties ofthe colonists."*
They, also, declared, that the restrictions imposed by several
late acts of parliament on the trade of the colonies, were burden
some, and would render them unable to purchase the manufac
tures of Great Britain ; and that it was the indispensable duty ofthe
colonies to the best of sovereigns, to the mother country, and to
themselves, to endeavor by a loyal and dutiful address to the king,
and humble application to parliament, to procure a repeal of the
act imposing stamp duties, of all parts of such acts as extend the
admiralty jurisdiction, and of the other late acts for the restric
tion of American commerce.
Having adopted a declaration of rights and grievances, this
congress prepared an address to the king, and a petition to each
house of parliament. These were drawn by committees appoint
ed for that purpose.! * Note, 8.
t The committee to draw an address to the King, were Robert R. Livingston
William S. Johnson, and Wilham Murdock.
The Petition to the House of Lords, John Rutledge, Edward Tilghman, and Philip
Livingston. The Petition to the House of Commons, Thomas Lynch, James Otis, and ThomaH
McKean.

OF THE UNITED STATES, 183
These state papers, evince the talents, as well as firmness, tem
pered with wisdom and moderation, of this first American con
gress ; composed as it was, of some of the most distinguished
statesmen, from the several colonies, therein represented.
They were drawn in a style and manner, well calculated to in
duce a repeal of the acts of which they complained. In their
address to the king,* they remind him, that animated with the
spirit of liberty, encouraged by his predecessors, and confiding in
the public faith, their ancestors, for the enjoyment of all the rights
essential to freedom, emigrated to the American continent ; and
in the midst of innumerable dangers and difficulties, and at a
great expense of their blood and treasure, added " these vast and
valuable dominions to the empire of Great Britain." That for
the enjoyment of their rights and privileges, governments were
early formed in the colonies, with full powers of legislation,
agreeably to the principles of the English constitution ; and that
under these governments, the liberties, thus vested in their ances
tors, and transmitted to their posterity, have been exercised and
enjoyed, and by the inestimable blessings thereof, under the favor
of Almighty God, the inhospitable deserts of America, have been
converted into flourishing countries. Science, humanity, and
the knowledge of divine truths have been diffused through remote
regions of ignorance, infidelity, and barbarism, the number of
British subjects wonderfully increased, and the wealth and power
of Great Britain proportionally augmented. That by means of
these settlements, and the unparalleled success of his majesty's
arms, a foundation was now laid for rendering the British empire,
the most extensive and powerful of any recorded in history.
" Our connection," they add, " with this empire, we esteem
our greatest happiness and security, and humbly conceive it may
now be so established by your royal wisdom, as to endure to the
latest period of time. This, with most humble submission to your
majesty, we apprehend will be most effectually accomplished, by
fixing the pillars thereof, on liberty and justice, and securing the
* This, it is beheved, was drawn up principally by Mr. Johnson, from Connecticut,
ene of the ablest lawyers, and most accomplished scholars in America.

184 POLITICAL AND CIVIL HISTORY
inherent rights and liberties of your subjects here, upon the prin
ciples of the English constitution." To this constitution, they
say, " these two principles are essential, the right of your/ faithful
subjects freely to grant to your majesty such aids, as are required
for the support of your government over them, and other public
exigences, and trial by their peers. By the one, they are secur
ed from unreasonable impositions, and by the other, from arbitra
ry decisions of executive power. The continuance of these bles
sings, to the inhabitants of America, we ardently implore, as ab
solutely necessary to unite the several parts of your widely ex
tended dominions, in that harmony, so essential for the preserva
tion of the whole." In their petition to the house of commons,
they claim the same rights . as in their address to the king ; and
they complain not only of the act imposing the stamp duties, but
of several other acts imposing duties in the colonies, and laying
their trade under burdensome restrictions.
They stated to the house of Commons, " that the remote situa
tion, and other circumstances of the colonies render it impracti
cable that they should be represented, but.in their respective sub
ordinate legislatures ; and they humbly conceive, that the parlia
ment, adhering strictly to the principles of the constitution, have
never hitherto taxed any but those who were actually therein rep
resented ; for this reason, we humbly apprehend, they never have
taxed Ireland, or any other of the subjects without the. realm."
" But were it ever so clear," they add, " that the colonies might
in law be represented in the honorable house of commons, yet we
conceive, that very good reasons, from inconvenience, from the
principles of true policy, and from the spirit of the British consti
tution, may be adduced to show, that it would be for the real in
terest of Great Britain, as well as her colonies, that the late regu
lations should be rescinded, and the several acts of parliament
imposing duties and taxes on the colonies, and extending the ju
risdiction of the courts of admiralty here, beyond their ancient
limits, should be repealed."
" We shall not attempt," they say, " a minute detail of all the
reasons which the wisdom of the honorable house may suggest,

OF THE UNITED STATES. 185
on this occasion, but would humbly submit the following partic
ulars to their consideration."
", That money is already become very scarce in these colonies,
and is still decreasing by the necessary exportation of specie from
the continent, for the discharge of our debts to British mer
chants." " That an immensely heavy debt is yet due from the colonies
for British manufactures, and that they are still burdened with
taxes to discharge the arrearages due for aids granted by them
in the late. war."
" That the balance of trade will ever be much against the col
onies, and in favor of Great Britain, whilst we consume her man
ufactures, the demand for which must ever increase in proportion
to the number of inhabitants settled here, with the means of pur
chasing them. We therefore humbly conceive it to be the inter
est of Great Britain to increase, rather than diminish these
means, as the profits of all the trade of the colonies ultimately
center there to pay for her manufactures, as we are not allowed
to purchase elsewhere ; and by the consumption of which, at the
advanced prices the British taxes oblige the makers and venders
to put on them, we eventually contribute very largely to the re
venues of the crown."
" That from the nature of American business, the multiplicity
of suits and papers used in matters of small value, in a country
where freeholds are so minutely divided, and property so frequent
ly transferred, a stamp duty must ever be very burdensome and
unequal." " That it is extremely improbable that the honorable house of
commons should, at any time, be thoroughly acquainted with
our condition, and all facts requisite to a just and equal taxation
ofthe colonies."
" It is also humbly submitted, whether there be not a material
distinction in reason and sound policy, at least, between the ne
cessary exercise of parliamentary jurisdiction in general acts, for
the amendment of the common law, and the regulation of trade
and commerce through the whole empire, and the exercise of
that jurisdiction, by imposing taxes on the colonies."

1 86 POLITICAL AND CIVIL HISTORY
Little has been known or can be collected, with respect to the
proceedings of this first American congress, except from their
general declaration of rights, and their address to the king and
petitions to parliament. A committee, however, was appointed
to take into consideration the rights of the colonies and report.
This committee made an elaborate report, not only on the rights
of the colonies respecting taxation, but also, on the expediency
and justice ofthe act imposing the stamp and other duties ; giv
ing the reasons and principles of their opinions in detail.* It
formed the basis of the declaration of rights, and of the address
and petitions; and breathed the spirit of their ancestors on the
great subject of colonial privileges. Mr. Otis was particularly
distinguished, in the congress, for his eloquence and thorough
knowledge of American rights.1
This congress adjourned on the 25th of October, and their
proceedings were approved by all the members except Mr. Rug
gles of Massachusetts, and Mr. Ogden of New Jersey, both of
whom left New York, without signing the address and petitions.
The commissioners from South Carolina and Connecticut, were
limited by their instructions, to make report to their respective
legislatures, and the committee of New York, who had been ad
mitted as members, had no authority to apply to the king or
parliament. The address and petitions were, therefore, signed
by the commissioners from six of the colonies only. The pro
ceedings of the congress however, were afterwards, sanction
ed and approved not only by the assemblies of South Carolina,
Connecticut and New York, but of the colonies not therein rep
resented. * See Note 9. A copy of this report we found among the papers of Dr. Johnson,
one of the members from Connecticut, in his own hand writing.
f In the margin of Ramsay's history of the American revolution, now in our pos
session, Mr. Rodney, one of the commissioners from Delaware, made the following
entry, " The historian passes by this Congress in a very hght manner. It was this
congress, in which James Otis, of Boston, displayed that light and knowledge of the
interest of America, which shining like a sun, Ut up those stars which shone on this
subject afterwards."

OF THE UNITED STATES. 187
The subject of the stamp duties was not left with congress
alone ; it was taken up by the colonial legislatures, either before
or subsequent to the meeting of that body.
The assembly of Pennsylvania, in September, declared, " that
the only legal representatives of this province, are the persons,
they annually choose to serve as members of the assembly ; and
that the taxation of the people of this province, by any other
persons whatsoever, than such their representatives in assembly,
is unconstitutional and subversive of their most invaluable rights."
" That the levying of taxes upon the inhabitants, in any other
manner, being naturally subversive of public liberty, must of ne
cessary consequence, be destructive of public happiness."* Dur
ing the same month, similar resolutions were passed by the as
sembly of Maryland. The legislature of Connecticut, in their
instructions to their agent at London, after declaring the act lay
ing internal duties, to be " an infringement of the essential lib
erties of the colonists," proceed to say, " we can by no means be
content that you should give up the matter of right, but must
beg you would, on all proper occasions, claim, and firmly insist,
on the exclusive right of the colonies to tax themselves, and the
privilege of trial by jury; and to maintain these principles, in the
most effectual manner possible, as what we can never recede
from."] Opposition to the stamp duties was not confined to legislative
resolutions and declarations. Numerous individuals, in every
part of the country, held meetings, and in bold and decided lan
guage, expressed not only their detestation of the act, but of their
unalterable determination, that the same should never be carried
into effect.
The instructions given to their representative in the assembly,
by the inhabitants of the town of Plymouth, the immediate de
scendants of the pilgrims, who first planted New England, can
not fail to be read with peculiar interest. After expressing their
esteem for the British constitution, and stating their grievances,
they say to their representative, Mr. Foster, " you, sir, represent
* Gordon, vol. 1, p. 135. ] Connecticut State Records.

1 88 POLITICAL AND CIVIL HISTORY
a people, who are not only descended from the first settlers of
this country, but inhabit the very spot they first possessed. Here
was first laid the foundation of the British empire in this part of
America, which, from a very small beginning, has increased and
spread in a manner very surprising, and almost incredible ; es
pecially when we consider that all this has been effected without
the aid and assistance of any power on earth ; that we have de
fended, protected and saved ourselves against the incursions and
cruelty of savages, and the subtilty and inhumanity of our invet
erate and natural enemies the French ; and all this, without the
appropriation of any tax by stamps, or stamp act laid upon our
fellow subjects, in any part of the king's dominions, for defray
ing the expenses thereof."
" This place, sir, was at first the asylum of liberty, and we
hope, will ever be preserved sacred to it ; though it was then no
more than a forlorn wilderness, inhabited by savage men and
beasts. To this place our fathers (whose memory be revered)
possessed of the principles of liberty in their purity, disdaining
slavery, fled to enjoy those privileges, which they had an un
doubted right to, but were deprived of, by the hands of violence
and oppression in their native country. We, sir, their posteri
ty, the freeholders and other inhabitants of this town, legally as*
sembled for that purpose, possessed of the same sentiments, and
retaining the same ardor for hberty, think it our indispensable du
ty, on this occasion, to express to you these our sentiments of the
stamp act, and its fatal consequences to this country, and to en
join upon you, as you regard not only the welfare, but the very be
ing of this people, that you, (consistent with our allegiance to the
king and relation to the government of Great Britain,) disregard
ing all proposals for that purpose, exert all your power and influ
ence in relation to the stamp act, at least, until we hear the suc
cess of our petitions for relief. We likewise, to avoid disgracing
our ancestors, as well as the reproaches of our own consciences,
and the curses of posterity, recommend it to you to obtain, if
possible, in the honorable house of representatives of the pro
vince, a full and explicit assertion of our rights, and to have the

OF THE UNITED STATES. 189
same entered on their public records, that all generations yet to
come, may be convinced, that we have not only a just sense of
our liberties, but that we never (with submission to divine Provi
dence,) will be slaves to any power on earth ; and as we have, at
all times, an abhorrence of tumults and disorders, we think our
selves happy in being at present, under no apprehensions of any,
and in having good and wholesome laws, sufficient to preserve the
peace of the province in all future times, unless provoked by
some imprudent measures ; so we think it by no means advisea-
ble for you to interest yourself, in the protection of stamp papers
or stamp officers."*
Many of the resolutions adopted at these meetings of the citi
zens, were of an inflammatory character.
The following declaration of the freemen of the county of Es
sex, in New Jersey, and of Talbot county, in Maryland, will serve,
among thousands of others, of a similar cast, to show the spirit
then universally prevailing in America, against stamps and stamp
officers. After declaring the act itself unconstitutional, they add,
" that they will detest, abhor, and hold in contempt, all and every
person or persons, who shall merely accept of any employment
or office, relating to the said stamp act, or shall take any shelter
or advantage ofthe same, and all and every stamp-pimp, inform
er, and encourager of the execution of said act; and that they
will have no communication with any such persons, unless it be to
inform them of their vileness." The merchants at New York, on
the 31st of October, nobly sacrificed their interest on this occa
sion, by entering into an agreement or association to have no
goods shipped from Great Britain, unless the stamp act should
be repealed. The merchants of Philadelphia and Boston, soon
after joined those of New York in similar associations.
Another association of a different and indeed, of a novel char
acter, was, in December, entered into, by some of the citizens of
New York and Connecticut, who were called the sons of liberty,
the object of which was, in reality, to prevent, by force, if ne-
* Prior Documents, p. 26.
Vol. I. 25

190 POLITICAL AND CIVIL HISTORY
cessary, the execution of the act, under the pretence of maintain
ing unimpaired, the principles of the British constitution, of which
they declared the act to be a violation. In this association the
act is thus noticed, " And whereas, a certain pamphlet has ap
peared in America, in the form of an act of parliament, called
and known by the name of the stamp act, but has never been le
gally published or introduced, neither can it, as it would immedi
ately deprive them of the most invaluable part of the British con
stitution, viz. the trial by juries, and the most just mode of taxa
tion in the world, that is of taxing themselves ; rights that every
British subject becomes heir to, as soon as born. For the pre
servation of which and every part of the British constitution,
they do reciprocally resolve and determine to march with the ut
most dispatch, at their own proper cost and expense, on the
first proper notice, (which must be signified to them by, at least
six of the sons of liberty) with their whole force, if required, and
it can be spared, to the relief of those that shall, are, or may be
in danger from the stamp act, or its aiders or abettors, or any thino-
relative to it, on account of any thing that may have been done
in opposition to its obtaining ; and they do mutually and most fer
vently recommend it to each other to be vigilant in watching all
those, who, from the nature of their offices, vocations or disposi
tions, may be the most likely to introduce the use of stamped pa
per, to the total subversion of the British constitution and Amer
ican liberty ; and the same when discovered, immediately to ad
vise each other of, let them be of what rank or condition soever •
and they e^Iso do agree, that they will, mutually, and to the utmost
of their power, by all just ways and means, endeavor to bring all
such betrayers of their country, to the most condign punishment ;
and further they do mutually resolve to defend the liberty of the
press, in their respective colonies, from all unlawful violations
and impediments whatever, on account of said act, as the only
means (under divine Providence,) of preserving their lives, lib
erties and fortunes, and the same, in regard to the judges, clerks,
attornies, &e., that shall proceed without any regard to the stamp
act, from all pains, fines, mulcts, penalties, or any other molesta-

OF THE UNITED STATES. 191
tion whatever; and finally, that they will, to the utmost of their
power, endeavor to bring about, accomplish and perfect the like
association with all the colonies on the continent, for the like sal
utary purposes and no other."* This singular association was
afterwards extended to some of the other colonies, and but for a
repeal of the act, would, no doubt, have been generally adopted.
These various associations and resolutions were encouraged and
supported, and the spirit of the people kept alive by the numer
ous publications in the newspapers, in America, most of which
were enlisted in favor of the colonists, in this controversy.
. The pens of American patriots, in favor of liberty and in op
position to the claim of parliament, during the year 1765, were
not confined to newspaper publications. An " essay on the
canon and feudal law," by John Adams, — " Considerations on
the propriety of imposing taxes on the British colonies, for the
purpose of raising a revenue, by act of parliament," by Daniel
Dulany of Maryland, and " an enquiry into the rights of the
British colonies," by Richard Bland, of Virginia, can never be
forgotten. They were well calculated to enlighten the colonists on the
subject of their rights and liberties, as well as to animate
them in opposing every violation of them. " Be it remembered,"
says Mr. Adams, " that liberty must, at all hazards, be support
ed ! We have a right to it, derived from our maker ! but if we
had not, our fathers have earned it and bought it for us, at the
expense of their ease, their estates, their pleasure and their
blood." " Is there not something extremely fallacious," he adds,
" in the common place images of mother country and children
colonies ? Are we children of Great Britain, any more than the
cities of London, Exeter and Bath ? Are we not brethren and
fellow subjects with those in Britain, only under a somewhat
different method of legislation, and a totally different method of
taxation? But admitting we are children, have not children a
right to complain when their parents are attempting to break
their limbs, to administer poison, or to sell them to enemies
for slaves?" * Gordon, vol. 1, pp. 135,136.

192 POLITICAL^AND CIVIL HISTORY
" Let the pulpit," he concludes, " resound with the doctrines
and sentiments of religious liberty. Let us hear the danger of
thraldom to our consciences, from ignorance, extreme poverty
and dependence, in short from civil and political slavery. Let
us see delineated before us, the true map of man. Let us hear
the dignity of his nature, and the noble rank he holds among the
works of God ! that consenting to slavery is a sacriligious breach
of trust, is offensive in the sight of God as it is derogatory from
our honor, our interest, or happiness ; and that God Almighty
has promulgated from heaven, liberty, peace, and good will to
man." " Let the bar proclaim, ' the laws, the rights, the generous
plan of power' delivered down from remote antiquity ; inform
the world of the mighty struggles and numberless sacrifices,
made by our ancestors, in the defense of freedom. Let it be
known, that British liberties are not the grants of princes or par
liaments, but original rights, conditions of original contracts, co
equal with prerogative and coeval with government. That many
of our rights are inherent and essential, agreed on as maxims,
and established as preliminaries, even before a parliament exist
ed : Let them search for the foundation of British laws and gov
ernment in the frame of human nature, in the constitution of the
intellectual and moral world. There let us see, that truth, lib
erty, justice, and benevolence, are its everlasting basis ; and that
if these could be removed, the superstructure is overthrown of
course." After stating, that the " encroachments upon liberty, in the
reigns of James I, and Charles I, first turned the attention of
learned men to government, and produced the greatest number of
statesmen, ever seen in any age or nation," Mr. Adams says, " the
prospect now before us in America, ought in the same manner to
engage the attention of every man of learning to matters of power
and right, that we may be neither led nor driven blindfolded to
irretrievable destruction. Nothing less than this seems to have
been meditated for us, by somebody or other in Great Britain.
There seems to be a direct and formal design on foot to enslave

OF THE UNITED STATES. 193
all America. This, however, must be done by degrees. The first
step that is intended seems to be an entire subversion of the
whole system of our fathers, by the introduction of the canon
and feudal law into America. The canon and feudal systems,
though greatly mutilated in England, are not yet destroyed.
Like the temples and palaces, in which the great contrivers of
them were once worshipped and inhabited, they exist in ruins ;
and much of the domineering spirit of them still remains. The
designs and labor of a certain society to introduce the former of
them into America, have been well exposed to the public by a
writer of great abilities ; and the further attempts to the same
purpose, that may be made by that society, or by the ministry or
parliament, I leave to the conjecture of the thoughtful. But it
seems very manifest from the stamp act itself, that a design is
formed to strip us, in a great measure, of the means of knowl
edge, by loading the press, the colleges, and even an almanac
and a newspaper, with restraints and duties ; and to introduce
the inequalities and dependencies of the feudal system, by taking
from the poorer sort of people all their little subsistence, and con
ferring it on a set of stamp officers, distributors and their depu
ties. Mr. Dulany and Mr. Bland, were among the most distinguish
ed lawyers and statesmen in America. The former, not only
proved the illegality of the stamp act, and the evils the Americans
must experience from the new parliamentary regulations of the
colonial trade, whereby they were rendered unable to pay
for the large balances always due for English manufactures ;
but pointed out a remedy for these evils in future. The remedy
suggested was domestic industry, thereby rendering the Americans
less dependent on Great Britain for articles either of necessity or
luxury. " Let the manufacture of America," says this enlight
ened statesman, " be the symbol of dignity, the badge of virtue,
and it will soon break the fetters of distress. A garment of lin
sey-woolsey, when made the distinction of patriotism, is more hon
orable, and attractive of respect and veneration, than all the pa
geantry, and the robes, and the plumes, and the diadem of an

194 POLITICAL AND CIVIL HISTORY
emperor without it. Let the emulation be, not in the richness
and variety of foreign productions, but in the improvement and
perfection of our own — let it be demonstrated that the subjects
of the British empire in Europe and America are the same, that
the hardships of the latter will ever recoil on the former."
" In theory it is supposed that each is equally important to the
other, that all partake of the adversity and depression of any.
The theory is just, and time will certainly establish it ; but if an
other principle should be hereafter adopted in practice, and a vi
olation deliberate, cruel, ungrateful, and attended with every cir
cumstance of provocation, be offered to our fundamental rights,
why should we leave it to the slow advances of time (which may
be the great hope and reliance, probably, of the authors of the
injury, whose view it may be, to accomplish their selfish purposes
in the interval,) to prove what might be demonstrated immedi
ately. Instead of moping, and puling, and whining, to excite
compassion ; in such a situation, we ought with spirit, and vigor,
and alacrity, to bid defiance to tyranny, by exposing its impo
tence, by making it as contemptible, as it would be detestable.
By a vigorous application to manufactures, the consequence of
oppression in the colonies, to the inhabitants of Great Britain,
would strike home, and immediately. None could mistake
it. Craft and subtilty would not be able to impose on the
most ignorant and credulous ; for if any should be so weak of
sight, as not to see, they would not be so callous as not to feel it.
Such conduct would be the most dutiful and beneficial to the mo
ther country. It would point out the distemper when the reme
dy might be easy, and a cure at once effected by a simple alter
ation of regimen."
This state of public sentiment and feeling in America, in rela
tion to the stamp act, was, in a variety of ways, communicated
to the ministry and people of Great Britain. A person high in
office, in New York, in November of this year, writes to a noble
man in England — " Depend upon it, they will suffer no man to
execute any law to raise internal taxes, unimposed by their own
assemblies. None of the distributors durst act ; and that man's

OF THE UNITED STATES. 195
heart must be fortified with ten fold steel, who ventures to ap
prove the doctrine, that the parliament hath a right to give away
the estates of the colonists, without their consent."*
The indignation ofthe people against the act, unfortunately,
was not confined to resolutions and agreements ; but in some of
the colonies, broke out into acts of violence and unjustifiable out
rage against the persons and property of its supporters. These
outrages were carried to the greatest length in Boston. The
house of Mr. Hutchinson was attacked in a riotous manner, his
furniture and pictures destroyed, and his valuable library and
manuscripts in a wanton manner, either burnt, or thrown into the
street. Mr. Hutchinson was very obnoxious to the people of
Massachusetts, not only for favoring the execution of the stamp
act, but because he was instrumental in enforcing the acts of
trade. The house of Mr. Oliver, the distributor of stamps, as
well as those of some other revenue officers were, also, injured.
These riotous acts were disapproved by the great mass of the
people of Boston, and of the province generally.
Such was thegeneral determination of the people, againt
the execution of the act, that the distributors of the stamp
paper, who did not voluntarily resign, were compelled so to do,
either by threats or force. On the 1st of November, the day the
act was to take effect, neither stamps, nor stamp officers were to
be found in the colonies. The courts of justice were, for a time,
closed, vessels did not depart from American ports, and business
of various kinds, was interrupted. This state of things, howev
er, remained, for a short period only ; business by general con
sent, soon resumed its usual course, without the aid of stamp
paper. While this measure ofthe British government was thus agita
ting the colonies, a change took place in the British ministry. The
immediate authors of the measure itself, were removed from the
councils of the king,, and others, supposed more favorable to the
American interest, came into office.
* Adolphus's History of England, Appendix No. 5.

196 POLITICAL AND CIVIL HISTORY
In July 1765, the marquis of Rockingham, was placed at the
head of the treasury, and the duke of Grafton, and general Con
way, were made secretaries of state. Letters of a conciliating na
ture were afterwards written to the colonies, by secretary Conway,
and measures taken, by the new administration, to bring the sub
ject of the stamp act before Parliament, at the next session. In
addition to the petitions from the colonies, petitions, in favor of
the repeal of the act, were presented to parliament, by many of
the merchants and manufacturers in England, who now began
to feel the effects of the non-importation agreements ofthe Amer
icans. The new administration, was, for a time, undecided what
course to pursue.
The opposition in America, to the supremacy of parliament,
was deeply felt in England, not only by those in power, but by
the nation at large. The resolutions of the burgesses of Virginia,
were laid before the board of trade ; and on the 27th of August,
that board, represented to the king arid council, that " these re
solutions, as they contain an absolute disavowal of the right of
the parliament of Great Britain, to impose taxes upon her colo
nies, and a daring attack upon the constitution of this country,
appear to us to require an immediate and serious attention." And
whatever " further measures his majesty might think -proper to
take, either for expressing his disapprobation of these proceed
ings, or preventing the fatal consequences they naturally tended
to produce," they recommended instructions to enforce obedi
ence to the act. This representation was referred to the privy
council, who on the 3d of October, advised, that the subject be
reserved for the consideration of parliament, as " of too high a na
ture for the determination of the privy council." Nor did the
proceedings of the house of representatives of Masssachusetts, in
June, escape the notice of the board, particularly the measure of
convening a general congress ofthe colonies. In their represen
tation to the king, on this subject, the board say, " as this ap
pears to us to be the first instance of a general congress, appoint
ed by the assemblies ofthe colonies, without the authority ofthe

OF THE UNITED STATES. 197
crown ; a measure which we conceive of dangerous tendency in
itself, and more especially so, when taken for the purposes ex
pressed in the. resolution, and connected with the spirit that has
appeared throughout the whole conduct of this particular assem
bly ; we, think it our indispensible duty, to submit this matter to
your majesty's consideration."*
On the 14th of January 1766, the American papers relating to
the origin, progress, and tendency ofthe late disturbances in the
colonies, were laid before the house of commons. These papers
the house determined to take into consideration, the 28th of the
same month.
On the 27th, the petition ofthe American congress, was offer
ed to the house. Several objections to receiving it, were imme
diately made. The first was, that, according to an ancient rule,
all petitions must be signed by the petitioners themselves, by their
own names, or marks. That this purported to be the petition of
the freeholders, and other inhabitants of certain colonies ; but
was in fact signed by a few persons, as committees from several
assemblies. To this it was answered, that the gentlemen who
signed it, though the word committee was added to each name,
might be taken for freeholders of the respective colonies. Anoth
er and more operative objection was, that it came from an unau
thorized and unconstitutional assembly ; that to receive a petition
from persons thus assembled without any authority from the
crown, would give countenance to such illegal meetings in future.
Such meetings, it was said, were pregnant with danger to his ma
jesty's authority and government. A third arose from the peti-
tioriers denying the right of parliament, to impose internal taxes,
and questioning their right even to lay duties, for the regulation
of trade iri the colonies. This, it was said, struck at the very
vitals of legislative authority, and strongly pointed to a state, in
dependent of the mother country.
Against these objections, and particularly the last, the minis
ters were unwilling to admit the petition, and yet were not dis
posed to give it, a direct negative. They expressed a wish, that
* Prior documents, pp. 8S and 44. Note 10.
Vol. I. 26

198 POLITICAL AND CIVIL HISTORY
the motion made, for leave to have it read and referred to the
committee, should be withdrawn. This, however, not being read
ily complied with, the order of the day was called for, and carri
ed, and the fate of this petition from united America, was in this
side way manner, disposed of. The house, in committee of the
whole, on the 28th, commenced an examination of the American
papers, submitted by the king, in which they were engaged, three
or four days. Immediately after the examination was closed,
secretary Conway moved a resolution, declaring, " that the king's
majesty, by and with the advice and consent of the lords, spiritu
al and temporal, and commons of Great Britain, in parliament
assembled, had, hath, and of right, ought to have, full power and
authority, to make laws and statutes, of sufficient force and valid
ity, to bind the colonies and people of America, subjects of Great
Britain, in all cases whatsoever." l
This resolution was followed by four others, declaring that tu
mults and insurrections of the most dangerous nature, had been
raised and carried on in several of the colonies, in open defiance
of the power and dignity of his majesty's government, and in
manifest violation of the laws and legislative authority of the
kingdom ; and that the same had been encouraged and inflam
ed, by sundry votes and resolutions, passed in several of the colo
nial assemblies, derogatory to the honor of his majesty's govern
ment, and' destructive of the legal and constitutional dependence
of the colonies on the imperial crown and parliament of Great
Britain — that an address be presented to his majesty, requesting
him, to give instructions to the colonial governors, that they in
his majesty's i name, require ofthe assemblies of the provinces,
where such tumults and insurrections had happened, to make
proper recompense to those who had suffered in their persons
and property, inconsequence thereof; and to assure his majesty
that the house, on this, and an all occasions, would support the
lawful authority ofthe crown, and the rights of parliament, and
tbat all persons in the colonies, who had manifested their desire,
to comply with, or to assist in carrying into execution, the act
for laying a duty on stamps, or any other act of parliament, had

OF THE UNITED STATES. 1 99
acted as dutiful and loyal subjects, and would have the favor and
protection of the house.* The ministry had now determined to
procure a repeal of the acts, relating to stamps ; and at the same
time, to assert in the most unqualified manner, the absolute su
premacy of parliament over the colonies. In introducing the
first resolution, Mr. Conway, and the chancellor of the exchequer
said, they were induced to offer the proposition, in so extensive a
manner, not only as necessary, to meet the resolutions and lan
guage of several of the colonies, but because, upon the fullest en
quiry into the constitution of Great Britain, they were convinced,
that, in point of law, the king, lords, and commons, were un
doubtedly possessed of that power ; though in point of policy,
justice, or equity, it was a power they ought to exercise, but in
the most extraordinary cases only. Col. Barre moved to strike
out the words in the declaratory resolution, " in all cases what
soever ;" he should then, he said, have no objection to it — he
was seconded by Mr. Pitt. This brought up directly, the great
question of the right of parliament to tax the colonists ; and the
long and animated debate which followed, was principally con
fined to this point alone. Those in favor of the motion, said,
among other things, that the emigrants to the colonies carried
with them, every right the crown could grant, and every right of
British subjects. That they carried with them the common law
of the land ; and that by this common law, and the spirit of the
constitution, no man could be taxed, without being represented
—that the people of America could not, with the least propriety,
be said to be represented in the parliament of Great Britain ; and
it was representation alone, which gave the right and power to
the commons, of imposing taxes. This, they said, was the foun
dation of all the arguments and reasoning of Mr. Locke, on the
subject ; and greater authority could not be produced. That the
principles of taxation as distinguished from legislation, were as
distinct principles and powers, as any two propositions under the
sun ; and had been so considered uniformly, by their ancestors,
for many ages — that the counties palatine of Chester and Dur-
* Note 11.

200 POLITICAL AND CIVIL HISTORY
ham, had always taxed themselves, by writs of requisition, and on
that account, when the grant of a charter was made out, erect
ing Lancaster into a county palatine, there was an express reser
vation ofthe power of parliament, to impose taxes, upon the peo
ple of that county ; which would have been unnecessary, if the
power of parliament, was such as contended for.
That the clergy formerly taxed themselves ; for though the
archbishops and others sat in parliament, yet not as representa
tives of the clergy ; the body of the clergy, therefore, separately
and by themselves, granted subsidies to the crown, and neither
lords nor commons attempted to alter or vary them ; and that
this was a strong authority, to show the difference, between tax
ation and legislation. That, by the principles of the constitution,
the commons alone made grants to the crown — that all bills,
which passed both houses of parliament, remained in the upper
house, for the fiat of the king, except bills of subsidy and taxes,
which, when, passed by. the lords, were again sent down to the
commons, and by the speaker presented to the sovereign, as the
free gift of the commons ; and ofthe commons alone the king
asks for a supply, and to them only he renders his thanks,
when granted. That by solemn compacts,, express powers had
been granted to the colonists ; powers repeatedly recognized by
parliament. It was evidently intended, that the Americans should
be as free, as other British subjects — they have the power of rais
ing and granting their money — a power, which constitutes the
essence of parliament — if this is taken from them, the very exis
tence, the very essence of assemblies is destroyed. The colonists,
therefore, have a right to consider, the stamp act, as a grievance,
which should be removed. The justice of the claim upon the
colonies for contribution, it was said, could not be denied ; but
the mode in which this contribution should be made, was a dis
tinct thing. That with respect to taxes, Great Britain and the
colonies might have opposing interests ; and there was a pos
sibility, that the burdens of the one, might be relieved at the ex
pense and oppression of the other — that the circumstances and
abilities of the colonists could never be so justly, and truly known,

OF THE UNITED STATES. 201
to the commons of England, as to their own assemblies — there,
they can enjoy the exercise of that fundamental right of British
subjects, to have some one to speak for them, when their proper^
ty is called for by way of taxes, and to represent their condition
and abilities. This in parliament is impracticable, and they are,
thereby, deprived of a most important privilege. The supreme
power, wherever lodged, must always be controlled by reason, by
the principles of justice and humanity — the distance and situation
ofthe colonists, however, was such, that the greatest caution,
could not exempt them, from oppression. A lenient, humane,
and magnanimous conduct, ft was said, did more to secure and
preserve to Rome, her distant colonies, than all the legions she
was ever mistress of, or could at any time command. Should
the house, after all, be of opinion, that parliament possessed this
summumjus, it should be re/nembered, they said, that summa in
juria, was its well known offspring. The opponents of the mo
tion of Col. Barre, rejoiced that the debate was now confined to
the single question oi power and right in parliament, to pass the
law, so loudly complained of, without intermingling in the debate,
the expediency of its repeal ; which would be a proper subject
for consideration, another day. In opposition to the motion, it
was observed that the establishment of the colonies was original
ly by license from the crown — that, on account of the distance
ofthe emigrants, from the great executive power of the realm,
the crown granted them charters, investing them with powers of
government, necessary for their protection, defense, and for the
support of civil authority among them — that these powers were
ofthe same nature, with those granted to the East India compa
ny, and to the great cities and corporations in England ; each
having power to raise money for their support, but neither, by
any grant the king could make, could be exempted from the su
preme authority of king, lords, and commons — that the crown
was but apart ofthe supreme power ofthe realm, and could nbt
grant that, which belonged to the supreme legislative power, which
extended wheresoever the sovereignty of the crown extended —
that the colonists in their new settlements, owed the same subjec-

202 POLITICAL AND CIVIL HISTORY
tion and allegiance to the supreme power, as when residing in
Great Britain — that no time or distance could terminate this sub
jection and allegiance, and which, by the law of the land, must
descend to their posterity. That no compact, made between the
crown and his subjects, upon their emigration, could have des
troyed their relation with this supreme sovereign power. That
parliament should have the power, to alter or change their
property, to enact laws for the punishment of great offences, and
in particular, of high treason, by which they might be divested of
their property, their inheritances taken away, without their im
mediate consent ; and yet not have power, to impose a tax up
on that property, seemed, they said, an extraordinary proposi
tion. That, after the revolution, upon an application, to have
the judgment reversed, which in 1684^ had adjudged "the charter
of Massachusetts, null and void, on a writ of quo Warranto, the
agents urged the illegality of the proceedings, and insisted that
the judgment should be reversed on that account, and their char
ter restored ; yet Pollexfen and Holt were of opinion, that if the
judgment should be reversed, and the charter restored, they must
still expect to have it repealed, because in making the extensive
grants contained in it, the crown had exceeded its authority.
That in the year 1713, also, a bill was brought into parliament,
for the purpose of raising a revenue, in the province of New
York, which had been refused -by the assembly there, for the sup
port of his majesty's government ; that this bill was prepared by
Sir Edward Northey and Lord Raymond, who were not only,
able lawyers, but great supporters and defenders of the rights of
the subjects. That in 1716, a bill was introduced into parlia
ment by the great secretary Stanhope, for resuming the powers
granted in the colony charters ; and that in this, and other simi
lar cases, the power of parliament to revoke these charters, or
resume the powers therein granted, was not questioned. If par
liament, they said, could take away the charters themselves, un
der which the colonists claimed the exclusive right of laying
taxes, it must have the power of taxation itself. As to repre
sentation, they said, whether actual or virtual, it was by no

OF THE UNITED STATES. 203
means the sole andancientbasis ofthe supreme power and author
ity of parliament ; the clergy, it was true, for a time, taxed them
selves, but not because they were unrepresented in parliament.
Gentlemen conversant with the true ancient history of Great
Britain, could not be ignorant, they said, of the former extensive
power of the church in this kingdom ; that among other exer
tions of this power, the pope, at the instance of the.clergy, issu
ed his mandate, exempting their lands from taxation, because ap
propriated to the maintenance of holy church ; but not having
exempted their chattels, parliament afterwards was about to tax
these, when a compact was made between the crown and the
pope, (to whom the clergy had again complained) that the bill
should be rescinded, and the clergy yield a contribution to gov
ernment, provided, it should be made, by themselves separately.
This, they said, was the foundation of the clergy's subsidizing
their lands and property, separate and apart, an undoubted in
fraction of the constitution ; and this power, in after and more
enlightened days, was restored. The supreme power, they said,
must be complete and entire, in taxation as well as legislation ;
that indulgence had been given to some subordinate districts, and
governments, to raise money, by way of taxation, for local pur
poses; yet that indulgence could not abridge the supreme legis
lature of any of its powers and authority. Upon this principle,
they stated, the parliament of Great Britain alone could, and ac
tually did, (Ireland having that indulgence granted) absolve the
people of Ireland from duties due to the crown, imposed by acts
passed in their own parliament : on the same principle, the com
mons of England, directed, that the charge of the army, kept up
for the security and defense of the kingdom, should be provided
for by the people of Ireland ; leaving such provision to be, made
by the Irish parliament ; which, if not complied with, would have
been enforced, by a law of Great Britain, and this was so under
stood, at the time, in both kingdoms. That all the ancient subsi
dy acts declared, that the subsidies laid, and imposed, were to be
paid, by his majesty's subjects within the realm, and in all the
king's dominions ; though particular parts and places, were some-

204 POLITICAL AND CIVIL HISTORY
times, expressly excepted, as Wales constantly before the statute
of Henry VIII, Ireland, the counties Palatine, upon whom the
charge of defending the northern frontier was imposed by their
charter, Calais, Guienne, Gascony, and particular corporations,
for certain reasons; and that if those places had not been ex
cepted, they must have paid the subsidy, though not represented
in parliament. The strength of the empire in America itself,
they also, declared, depended on an exact, and entire obedience,
to the supreme authority in great Britain, that if this authority
should be infringed in any instance, confusion must inevitably
follow ; that cases might, and undoubtedly would happen, to puz
zle the ablest lawyers, to distinguish the difference between du
ties and taxation, between the right of laying the one or the
other ; that this was settled and established, to be one entire
power, lodged in the commons of England, in the time of Will
iam III, between the house of lords and commons ; when the
lords were disposed to establish a difference, between duties and
impositions on merchandize, and the grant oi'taxes and subsidies,
with a view to confirm the power of the commons to the latter
only; but the commons, from the long and uniform usage of par
liament, claimed this power entire and in its full extent. It was
for the welfare and happiness of the whole, as well as for the
dignity and honor pf parliament, it was also, said, that the power
now questioned by the colonists, should be supported, with firm
ness and resolution. It was not a little extraordinary, that it should
be now disputed by the Americans, as so late as the year 1755,
a general complaint was transmitted to Great Britain, against
the assembly of Pennsylvania, for not making the necessary pro
vision for the defense and protection of that colony ; and, but
for particular circumstances, parliament would have then inter
fered. That in consequence of some provincial differences, Ma
ryland, as was said, did not contribute her proportion towards
the general expense of the late war, and that the other colonies
had contemplated sending a representation against that colony,
praying the interposition of parliament. The Americans must
then have had different views of the power, which they now deny.

OF THE UNITED STATES. 205
That government is founded in trust, and that this trust, where-
ever placed, was absolute and entire : that the kingdom and colo
nies, comprised one great political body ; and though the jealous
language of liberty, could not but be admired by all, who loved
the constitution ; yet, when that jealousy was carried so far, as to
tell the sovereign power, we will not trust you, unless you give
up that power, it became alarming, and called for the exertion
of wisdom and spirit. Ask France, they said, what occasion for
your destruction, she would wish ; she will answer, divisions be
tween you and your colonies ; she would desire the diminution of
your authority over the colonies, as one of the surest means of
accomplishing the great object of her ambition. To preserve
this sovereignty entire, is then so essentially necessary, for the
advantage and happiness of both America and Great Britain,
that if once abridged, or the entire dependency of the colonies
given up, your power and authority, as a great and respected
kingdom and empire is gone ; no friend will trust you, no enemy
will fear you. This important and interesting debate did not
end, until four in the morning, when the motion of Col. Barre,
was negatived, by a very large majority, few voices answering in
the affirmative.*
The resolutions of General Conway were reported to the house
on the 10th of February, and agreed to; and the next day, an
inquiry commenced on the subject of repealing the law complain
ed of. This inquiry and examination continued, until the 18th
of the same month. Dr. Franklin among others, was called be
fore the house, and underwent a long examination. No person
was better acquainted with the circumstances and internal con
cerns of the colonies, the temper and disposition of the colonists
towards the parent country, or their feelings in relation to the
late measures of parliament, than this gentleman. His answers
to the numerous questions put to him in the course of this in
quiry, not only show his extensive acquaintance with the internal
* Charles Garth's MSS. Letters to South Carolina, copies of which are in our pos
session. This gentleman was a member of parhament, and present at all the debates
on American affairs.
Vol. I. 27

206 POLITICAL AND CIVIL HISTORY.
state ofthe colonies, but evince his sagacity as a statesman. To
the question, whether the Americans would submit to pay the
stamp duty, if the act were modified, and the duty reduced to
a small amount ? he answered no, they never will submit to it.
British statesmen were extremely desirous that the colonial as
semblies should acknowledge the right of parliament to tax them,
and rescind and erase from their journals their resolutions on this
subject. To a question, whether the American assemblies would
do this, Dr. Franklin answered, " they never will do it, unless
compelled by force of arms." Soon after this examination was
finished, Gen. Conway proposed a resolution, to repeal the act
imposing stamp duties, in America. This produced another de
bate, and the same arguments were renewed. The sense ofthe
house was first taken on a motion to strike out the word " repeal,"
and insert " explain and amend ;" this was negatived, 275 to 167,
and decided the fate of the resolution. In this as well as in the
preceding debates on American affairs, Mr. Grenville and his
adherents, were opposed to the claims of the colonists, and
strongly urged the execution of the stamp act, at every hazard.
In the debate, on the address in answer to the king's speech, Mr.
Grenville severely censured the ministry, for not giving parlia
ment earlier notice of the disturbances in America. " They be
gan," said he, " in July, and now we are in the middle of Janu
ary ; lately they were only occurrences ; they are now grown to
disturbances, to tumults and riots. I doubt they border on
open rebellion ; and if, the doctrine, I have heard, this day, be
confirmed, I fear they will lose that name, to take that of revo
lution. The government over them being dissolved, a revolution
will take place in America. I cannot understand the difference,"
said Lord Grenville, " between external and internal taxes.
They are the same in effect, and only differ in name. That this
kingdom has the sovereign, the supreme legislative power over
America, is granted. It cannot be denied ; and taxation is a
part of that sovereign power. It is one branch of the legisla
tion. It is, it has been exercised over those, who are not, who
were never represented. It is exercised over the India company,

OF THE UNITED STATES. 207
the merchants of London, the proprietors of the stocks, and over
many great manufacturing towns. It was exercised over the
palatinate of Chester, and the bishoprick of Durham, before they
sent any representatives to parliament. I appeal for proof, to
the preambles of the acts, which gave them representatives ; the
one in the reign of Henry VIII, the other of Charles II. When
I proposed" said Mr. Grenville, " to tax America, I asked the
house, if any gentleman would object to the right ; I repeatedly
asked it, and no man would attempt to deny it. Protection and
obedience are reciprocal. Great Britain protects America ;
America is bound to yield obedience. If not, tell me, when the
Americans were emancipated ? When they want the protection
of this kingdom, they are always very ready to ask it. That pro
tection has always been afforded them, in the most full and am
ple manner. The nation has run itself into an immense debt, to
give them protection ; and now when they are called upon to con
tribute a small share towards the public expense ; an expense aris
ing from themselves, they renounce your authority, insult your offi
cers, and break out, I might almost say, into open rebellion. The
seditious spirit of the colonies owes it birth, to the factions in the
house. Gentlemen are careless of the consequences of what
they say, provided it answers the purposes of opposition. We
were told, we trod on tender ground ; we were bid to expect dis
obedience. What was this but telling the Americans, to stand
out against the law, to encourage their obstinacy, with the ex
pectation of support from home ? Let us only hold out a little,
they would say, our friends will soon be in power. Ungrateful
people of America ! Bounties have been extended to them.
When I had the honor of serving the crown, while you your
selves were loaded with an enormous debt, you have given boun
ties, on their lumber, on their iron, their hemp, and many other ar
ticles. You have released in their favor, the act of navigation, that
palladium ofthe British commerce ; and yet, I have been abused
in all the public papers, as an enemy to the trade of America."
In this as well as other debates, on American affairs, during this
session, Mr. Pitt, was opposed to Mr. Grenville.

208 POLITICAL AND CIVIL HISTORY
In answer to this speech, Mr. Pitt, addressing himself to the
speaker, said, " I have been charged, sir, with giving birth to se
dition in America. They have spoken their sentiments with free
dom, against this unhappy act ; and that freedom has become
their crime. Sorry I am to hear the liberty of speech in this
house, imputed as a crime. But the imputation shall not dis
courage me. It is a liberty, I mean to exercise. No gentleman
ought to be afraid to exercise it. It is a liberty, by which the gentle
man who calumniates it, might have profited. He ought to have
profited. He ought to have desisted from his project. The gen
tleman tells us, America is almost in open rebellion. I rejoice
that America has resisted. Three millions of people, so dead to
all the feelings of liberty as voluntarily to submit to be slaves,
would have been fit instruments to make slaves of the rest. I
came not here armed, at all points, with law cases and acts of
parhament, with the statute book doubled down in dogs-ears, to
defend the cause of liberty ; if I had, I myself would have cited
the two cases of Chester and Durham. I would have cited them
to have shown, that even, under any arbitrary reigns, parliaments
were ashamed of taxing a people, without their consent, and al
lowed them representatives. Why did the gentleman confine
himself to Chester and Durham ? He might have taken a higher
example in Wales ; Wales, that never was taxed by parliament,
till it was incorporated. I would not debate a particular point
of law with the gentleman ; I know his abilities. I have been
obliged to his diligent researches. But for the defense of liber
ty upon a general principle, upon a constitutional principle, it is
a ground on which I stand firm ; on which I dare meet any man."
" The gentleman tells us, of many who are taxed, and are not
represented. The India company, merchants, stockholders,
manufacturers. Surely many of these are represented in other
capacities, as owners of land, or as freemen of boroughs. It is
a misfortune that more are not actually represented. But they
are all inhabitants, and as such, are virtually represented. Many
have it, in their power, to be actually represented. They have
connections with those that elect, and they have influence over

OF THE UNITED STATES. 209
them. Since the accession of King William, many ministers,
some of great, others of more moderate abilities, have taken the
lead of government. None of these," said Mr. Pitt, " thought
or even dreamed of robbing the colonies of their constitutional
rights. That was reserved to mark the era of ihe late adminis
tration : not that there were wanting some, when I had the hon
or to serve his majesty, to propose to me to bum my fingers with
an American stamp act. With the enemy at their back, with
our bayonets at their breasts, in the day of their distress, perhaps,
the Americans would have submitted, to the imposition ; but it
would have been taking an ungenerous and unjust advantage.
The gentleman boasts of his bounties to America ! Are not
those bounties intended finally, for the benefit of this kingdom ?
If they are not, he has misapplied the national treasures. I am
no courtier of America, I stand up for this kingdom. I maintain
that parliament has a right to bind, to restrain America."
" Our legislative power over the colonies, is sovereign and su
preme. When it ceases to be sovereign and supreme, I would
advise every gentleman to sell his lands, and embark for that
country. When two countries are connected together, like Eng
land and her colonies, without being incorporated, the one must
necessarily govern ; the greater must rule the less ; but so rule it,
as not to contradict the fundamental principles, that are common
to both. If the gentleman does not understand the difference,
between internal and external taxes, I cannot help it ; but there
is a plain distinction, between taxes, levied for the purpose of
raising a revenue, and duties imposed for the regulation of trade,
for the accommodation of the subject; although in the conse
quences, some revenue might incidentally arise from the latter."
" The gentleman asks, when were the colonies emancipated ?
But I desire to know, when they were made slaves ? But I dwell
not upon words. When I had the honor of serving his majesty,
I availed myself of the means of information, which I derived
from my office : I speak, therefore, from knowledge. My mate
rials were good. I was at pains to collect, to digest, to consider
them ; and I will be bold to affirm, that the profits to Great Brit-

210 POLITICAL AND CIVIL HISTORY
ain, from the trade of the colonies, through all its branches, is
two millions a year. This is the fund that carried you triumph
antly through the last war. The estates that were rented at
two thousand pounds a year, threescore years ago, are at three
thousand at present. These estates sold then from fifteen to
eighteen years purchase ; the same may be now sold for thirty.
You owe this to America. This is the price that America pays
you for her protection. And shall a miserable financier come,
with a boast, that he can fetch a pepper corn into the exchequer
to the loss of millions to the nation?"
" A great deal has been said without doors," added Mr. Pitt,
" of the power, of the strength of Americal It is a topic that
ought to be cautiously meddled with. In a good cause, on a
sound bottom, the force of this country can crush America to
atoms. I know the valor of your troops, I know the skill of your
officers. There is not a company of foot, that has served in
America, out of which you may not pick a man of sufficient
knowledge and experience, to make a governor ofa colony there.
But on this ground, on the stamp act, where so many here, will
think it a crying injustice, I am one who will lift up my hands
against it. In such a cause, your success would be hazardous.
America, if she fell, would fall like the strong man. She would
embrace the pillars of the state, and pull down the constitution
along with her. Is this your boasted peace ? Not to sheath the
sword in its scabbard, but to sheath it in the bowels of your
countrymen ? Will you quarrel with yourselves, now the whole
house of Bourbon is united against you? While France disturbs
your fisheries in New Foundland, embarrasses your slave trade to
Africa, and withholds from your subjects in Canada, their proper
ty, stipulated by treaty ; while the ransom for Manillas is denied
by Spain, and its gallant conqueror basely traduced into a mean
plunderer, a gentleman, (Sir W. Draper,) whose noble and gen
erous spirit would do honor to the proudest grandee of the coun
try. The Americans have not acted, in all things, with prudence
and temper. They have been wronged. They have been driven
to madness, by injustice. Will you punish them for the madness

OF THE UNITED STATES. 211
you have occasioned ? Rather let prudence and temper come
first from this side. I will undertake for America, that she will
follow the example. There are two lines, in a ballad of Prior's,
so applicable to you and your colonies, that I cannot help repeat
ing them : — " Be to their faults a little blind :
Be to their virtues very kind."
" Upon the whole, I will beg leave to tell the house, what is
really my opinion. It is that the stamp act be repealed, abso
lutely, totally, and immediately. That the reason for the repeal
be assigned, because it was founded on an erroneous principle."
" At the same time, let the sovereign authority of this country
over the colonies, be asserted in as strong terms, as can be devis
ed, and be made to extend to every point of legislation whatso
ever. That we may bind their trade, confine their manufactures,
and exercise every power whatsoever, except that of taking their
money out of their pockets, without their consent."*
The declaratory bill, and the bill repealing the stamp act,
went hand in hand, in the house, and on the 5th of March, were
sent to the house of Lords. The latter was finally carried, in
the house 250 to 1 22.
It met with great opposition, in the house of lords ; but was
supported by the powerful talents of Lord Camden. He denied
the right of parliament to tax America, because unrepresented.
" Taxation and representation," he declared, " were inseparably
connected. God has joined them, no British parliament can sep
arate them ; to endeavor to do it, is to stab our vitals." It passed
in that house 105 to 71, and on the 18th March, both bills re
ceived the royal assent. The declaratory act contained two
clauses, one, in the words of the resolution, that parliament could
bind the colonies, in all cases whatsoever ; the other declared
and enacted, that the votes and resolutions of assemblies in Amer
ica, derogatory to the rights and power of the British parliament,
be null and void. The preamble disclosed the reasons for its
* Prior Documents, pp. 60 — 64.

212 POLITICAL AND CIVIL HISTORY, &c.
passage. " Whereas several of the houses of representatives, in
his majesty's colonies and plantations in America, have, of late,
against law, claimed to themselves, or to the general assemblies
of the same, the sole and exclusive right, of imposing duties and
taxes, upon his majesty's subjects, in the said colonies and planta
tions ; and have, in pursuance of such claim, passed certain votes,
resolutions, and orders, derogatory to the legislative authority of
parliament, and inconsistent with the dependency of said colonies
and plantations, upon the crown of Great Britain." The act
repealing the stamp duties, declared, " the continuance thereof,
would be attended with many inconveniences, and might be pro
ductive of consequences, greatly detrimental to the commercial
interest of Great Britain."

CHAPTER VII.
Repeal of Stamp Act, a joyful event in America — Ministiy seem well disposed to
wards the Colonists — Compensation to those, who suffered by disturbances in con
sequence of the Stamp Act, required — Massachusetts delays granting the compen
sation — New York refuses to furnish all the articles required by the Mutiny Aet — This
offends the Ministry— New^Administration — Duties imposed on glass and other ar
ticles in the Colonies — Board of Custom House Officers established in America —
Legislature of New York prohibited from passing laws, until a compliance with the
Mutiny Act — Massachusetts among the first to oppose the new duties — Circular
letter of the House of Representatives of that Province — Disapproved by the Minis
try — The House directed to rescind its vote — Other Colonies required to disregard
the Circular of Massachusetts — The House refuses to rescind — Other Colonies unite
with Massachusetts — Spirited conduct of New York and Maryland — Disturbances at
Boston — Troops sent there — Convention of the people in Massachusetts — Troops
quartered in Boston — Conduct of Massachusetts censured by Parliament — King au
thorized to bring offenders in the Colonies to Great Britain for trial — Proceedings of
Virginia — Disputes in Massachusetts in relation to the troops — The new duties re
pealed, except the duty on Tea — This not satisfactory to the Colonists — Royal pro
vision for Governor's salary in Massachusetts— Declared a dangerous innovation —
Destruction of the Gaspee in Rhode Island — Disputes between Governor Hutchin
son and the Assembly of Massachusetts concerning the supremacy of Parhament —
Committees of correspondence between the Colonies appointed — Private Letters of
Governor Hutchinson published — Occasion a petition for his removal — East India
Company send tea to America — Destroyed at Boston — Boston port bill — Alteration
of Massachusetts Charter — These acts resisted in the Colonies.
The news ofthe repeal of the stamp act, was received with
unbounded joy, in America. The house of representatives in
Massachusetts, passed a vote expressing their gratitude to the
king, for assenting to the repeal, and giving their thanks to Mr.
Pitt, the Duke of Grafton, and many others, for their generous
efforts in favor of the colonies. In Virginia, a bill passed the
house of burgesses, for erecting a statue to the king, and an
obelisk, to commemorate those in England, who had distinguish
ed themselves, in favor of American rights.
The colonists seemed only to view their release from present
evil ; without much regard to the extensive, and inadmissible
principles of the declaratory act. They considered this act as a
Vol. I. 28

214 POLITICAL AND CIVIL HISTORY
salvo for national honor, and believed it would remain, a dead
letter, in the statute book. The ministry were disposed, to draw
a veil over the late transactions in the colonies, provided com
pensation was made to those who had suffered by them.
Secretary Conway, in his circular ofthe 31st of March, inform
ed the governors of the colonies, that the king and parliament,
" seemed disposed, not only to forgive, but to forget those most
unjustifiable marks, of an undutiful disposition, too frequent in
the late transactions ofthe colonies ;" but at the same time re
quired them, strongly to recommend to the assemblies, to make
full and ample compensation to those, who had suffered " for
their deference to the act of the British legislature."*
The transactions referred to in the secretary's letter, were
those which took place, in Boston and New York, in the summer
of 1765. In June 1766, this letter ofthe British secretary, was
laid before the assembly of Massachusetts, by governor Bernard.
In communicating it to the assembly of that province, the gover
nor says, " the justice and humanity of this requisition," as he cal
led it, " is so forcible, that it cannot be controverted ; the au
thority with which it is introduced, should preclude all disputation
about it."
This language on the part ofthe royal governor, was consid
ered, by the house of representatives, as interfering with the free
dom of deliberation in that body, and was one of the causes,
which produced delay, in complying with the wishes of the king
and parliament on this subject. In their answer to this commu
nication, the house observed, " that it was conceived in much
higher and stronger terms in the speech, than in the letter of the
secretary. Whether in thus exceeding, your excellency speaks
by your own authority, or a higher, is not with us to determine.
However, if this recommendation, which your excellency terms a
requisition, be founded on so much justice and humanity, that it
cannot be controverted ; if the authority, with which it is intro
duced, should preclude all disputation, about complying with it,
we should be glad to know, what freedom we have in the case."
* Prior Documents, p. 98,

OF THE UNITED STATES. 215
Compensation was not made to the sufferers in Massachusetts,
until December 1 766 ; and then, in a manner, and on condi
tions, highly displeasing to the British government.
The act; making the compensation, granted " free and general
pardon, indemnity and oblivion to all offenders, in the late
times." This act was accompanied by a declaratory resolution,
in which the house of representatives say, " they were influenced
by a loyal and grateful regard to his majesty's most mild and gra
cious recommendation ; by a deference to the opinion of the il
lustrious patrons of the colonies, in Great Britain ; and for the
sake of internal peace and order, without any interpretation of
his majesty's recommendation, into a requisition, precluding all
debate and controversy ; and under a full persuasion, that the
sufferers had no just claim or demand on the province ; and
that the compliance ought not hereafter, to be drawn into a pre
cedent."* The act itself was afterwards, disallowed by the king and
council, because the assembly had no power to pass a law of
general pardon without the previous assent of the crown. The
sufferers, however, received the compensation provided by the
act. The assembly of New York, in the summer of 1766, complied
with the royal recommendation, and made compensation to the
sufferers, in that province.
The same assembly, however, refused to furnish all the articles
required, by the act of parliament, passed as before stated, in
1765, for quartering soldiers, in the colonies. This act, in ad
dition to the articles heretofore usually furnished, required those
of salt, vinegar, cider or beer, to be included ; and these last, the
assembly refused to furnish ; clearly intimating, that, as this was
in reality, an exaction of money, they had a constitutional right,
to comply with the requisition or not. In communicating this
refusal to the British government, the governor of New York,
tells the British secretary, that this would " show the deference
here paid, to acts of parliament ; and what may be our expec-
* Massachusetts State papers, p. 101, and Prior documents.

216 POLITICAL AND CIVIL HISTORY
tations on a future occasion. You will be pleased to observe," he
adds, " that my message, is treated merely, as a requisition made
here, and that they have carefully avoided the least mention of
the act, on which it is founded ; and it is my opinion, that every
act of parliament, when not backed by a sufficient power to en
force it, will meet with the same fate here.*" This refusal gave
great offense in Great Britain. Opposition, however, to the mu
tiny act, and particularly that part, which demanded the addition
al articles, was not confined to the province of New York.
The assembly of New Jersey, only empowered their commis
sioners, to purchase firewood, blankets, bedding, and " other ne
cessaries as have been heretofore usually furnished," refusing to
insert in their act, the new articles, although required by the gov
ernor ; and indeed, they informed the governor, " that they
looked upon the act, for quartering soldiers in America, to be vir
tually, as much an act for laying taxes, on the inhabitants, as
the stamp act ; and that it was more partial, as the troops were
kept, in a few ofthe colonies, whereby others were exempted from
contributing any thing towards the expense."?
In the mean time a change took place in the British ministry-
The administration of the marquis of Rockingham terminated in
July 1766.
A new administration was formed, under the direction of Mr.
Pitt, composed of men of different political principles and parties.
The duke of Grafton, was placed at the head ofthe treasury, lord
Shelburne was joined with general Conway, as one of the secreta
ries of state. Charles Townshend was made chancellor ofthe
exchequer, Camden, lord chancellor, Pitt had the privy seal, and
was made a peer, with the title of the earl of Chatham, and lord
North and George Cooke, were joint paymasters. Under this
chequered administration, afterwards so .ludicrously described by
Mr. Burke, the scheme of taxing America was revived. In May
1767, the new chancellor of the exchequer, submitted a plan of
this kind to parliament. Charles Townshend, was a man of gen-
* Prior Documents, p. 95.
t Governor Franklin's Letter to Shelburne, Prior Documents, p. 1 21 .

OF THE UNITED STATES. 217
ius and talents, but of high passions, eccentric, and versatile. He
had warmly supported lord Grenville, in the passage ofthe stamp
act, and had voted with the marquis of Rockingham, in its re
peal. The ex-minister, Grenville, may indeed be considered, the
real arithor of the second plan for taxing the colonies. He lost no
opportunity, in the house of commons, of passing severe censures ,
on the Americans, for their obstinacy and ingratitude in refusing
to pay their proportion ofthe public expenses ; nor was he sparing
of his complaints against the ministry and parliament, for their
weakness and cowardice in yielding to the claims of the colonists.
Declaiming, as usual, one evening, on American affairs, he ad
dressed himself particularly to the ministers — " You are cow
ards," he said, " you are afraid ofthe Americans, you dare not tax
America." This he repeated in different language. Upon this
Townshend took fire, immediately rose and said, " fear, fear,
cowards, dare not tax America ! I dare tax America."
Grenville stood silent for a moment, and then said — " Dare
you tax America ? I wish to God I could see it." Townshend
replied, « I will, I will."*
Soon after this, /he submitted to the house a bill imposing du
ties on glass, paper, paste-board, white and red lead, painter's
colors and tea, imported into the colonies. The preamble de
clared, " that it was expedient to raise a revenue in America, and
to make a more certain and adequate provision for defraying the
charge'of the administration of justice and the support of the civil
government in the provinces, and for defraying the expenses of
defending, protecting, and securing them."
Mr. Pitt was then confined by sickness in the country, and the
bill passed both houses, without much opposition, and on the 29th
of June, received the royal assent.
The conduct of the assemblies of Massachusetts and New
York, had given great dissatisfaction in Great Britain.
The refusal of the assembly of the latter, to comply with the
requisitions of the mutiny act, in particular, had excited the
* MSS papers of Dr. Wm. S. Johnson, then in England, as Agent for Connecticut.

218 POLITICAL AND CIVIL HISTORY
indignation of the ministry and parliament, to such a degree, that
three days after the passage of the new tax bill ; an act was pas
sed, restraining the legislature of that province, from passing any
act whatever, until they had furnished the king's troops, with all
the articles required by the mutiny act.
The ministry, at the same time, determined to establish
a new board of custom house officers in America. An
act was, therefore, passed, enabling the king, to put the cus
toms and other duties in America, and the execution of the
laws relating to trade there, under the management of commis
sioners, to be appointed for that purpose, and to reside in the col
onies. This, as the preamble declares, would " tend to the en
couragement of commerce, and to better securing the rates and
duties, and the more speedy and effectual collection thereof."
These three acts arrived in America about the same time. The
imposition of new taxes, accompanied by the establishment of a
board of custom house officers, not only to enforce the collection
of the new taxes, but the various ancient statutes relating to du
ties, and the colonial trade, again excited great alarm among the
colonists. It led them to a more thorough investigation of the
nature of their political -connection with the parent country ; and
to a more strict inquiry into the extent of the power of parlia
ment over them. The ablest heads were engaged in these in
vestigations and inquiries ; and the ablest pens employed, in de
fense of American rights.
The new duties were considered by the Americans, only as a
new mode of drawing money from them, by way of taxes ; and
the same spirit, manifested in the case of the stamp act, again ap
peared. ,
The letters of a Pennsylvania farmer, from the pen of John
Dickinson, were justly distinguished among the publications of
the day in opposition to the new duties. Written in the peculiar
style and manner of the author, they were universally read, and
were well calculated to convince the Americans, of the injustice
as well as unconstitutionality of the act imposing them.

OF THE UNITED STATES. 219
The people of Massachusetts, who from their extensive com
merce, more immediately felt the impolicy and injustice of this
act, and the other acts restraining the trade of the colonies, were
again among the first in opposition.
The general assembly of that colony met in Jan. 1768, and
the house of representatives, not only prepared a petition to the
king, but sent letters to the Earl of Shelburne, the Marquis of
Rockingham, General Conway, the Earls of Chatham and Cam
den, and the lords commissioners of the treasury, on the subject
of these acts. They also sent particular instructions to M. de
Berdt, their agent in London. These state papers, as they may
be justly called, were drawn with great care and ability, and ful
ly disclosed the views, then entertained by the people of that
colony, on the subject of their political connection with Great
Britain ; and on the question of their rights. They again, not
withstanding the declaratory act, renewed their claim to all the
rights of Englishmen, under the British constitution.
" It is the glory of this constitution," they say, " that it hath
its foundation in the law of God and nature. It is an essential,
natural right, that a man shall quietly enjoy, and have the sole dis
posal of his own property. This right is adopted in the consti
tution. This natural and constitutional right is so familiar to the
American subjects, that it would be difficult, if possible, to con
vince them, that any necessity can render it just, equitable, and
reasonable, in the nature of things, that parliament should im
pose duties, subsidies, talliages, and taxes, upon them, internal or
external, for the sole purpose of revenue. The reason is obvious,
because they cannot be represented, and therefore their consent
eannot be constitutionally had in parliament." They declared that
the act laying a duty on glass and other articles, as well as the
sugar and late stamp act, both in form and substance, were as
much revenue acts, as the land tax, customs, and excises in Eng
land. They again claim a right of exemption from parliamentary
taxation, by a solemn compact with the crown. " The original
contract between the king and the first planters here," they say,
" was a royal promise, in behalf of the nation, and which, till

220 POLITICAL AND CIVIL HISTORY
very lately, was never questioned, but the king had the power
to make, namely, that " if the adventurers would, at their own
cost and expense, and at the hazard of their lives, and every thing
dear to them, purchase a new world, subdue a wilderness, and
thereby, enlarge the king's dominions, they and their posterity
should enjoy such rights and privileges, as in their charter are
expressed ; which are, in general, all the rights, liberties, and
privileges of his majesty's naturalborn subjects, within the realm."
"The principal privileges implied, and in some of their char
ters expressed, is a freedom from all taxes, but such as they shall
consent to, in person, or by representatives of their own choice
and election."
But if parliament had the right to tax them, they declared it
to be totally inconsistent with the rules of equity, that they
should, for the present at least, exercise such right. On this point,
they, with great propriety and truth observed, " It must be con
sidered, that, by acts of parliament, the colonies are prohibited
from importing commodities of the growth or manufacture of
Europe, except from Great Britain, with the exception of a few
articles. This gives the advantage to Great Britain, of raising
the price of her commodities, and is equal to a tax. It is too
obvious to be doubted," they said, " that by the extraordina
ry demands of the manufactures of Britain, occasioned by their
policy, she reaps an advantage of, at least, twenty pet cent, in
the price of them, beyond what the colonies might purchase
them for, at foreign markets. The loss, therefore, to the colonists,
is equal to the gain made in Britain. This, in reality, is a tax,
though not a direct one ; and admitting that they take annually
from Great Britain manufactures, to the value of two millions
sterling, as is generally supposed, they then pay an annual tax
of £400,000 sterling, besides the taxes which are directly paid
on these manufactures in England. The same reasoning," they
subjoined, " will hold good with respect to the many enumerated
articles of their produce, which the colonies are restrained, by
act of parliament, from sending to a foreign port. By this re
straint, the market is glutted, and consequently the produce sold

OF THE# UNITED STATES. 221
is cheaper ; which is an advantage to Great Britain, andean equal
loss or tax upon the colonies."
The appropriation of the new duties, to the support of crown
officers, and to the maintenance of troops in America, was a sub
ject of serious complaint. It had long been a favorite object of
the British cabinet as we have before stated, to establish in the
colonies a fund, from which the salaries of the governors, judges,
and other officers of the crown, should be paid, independent of
the annual grants of the colonial legislatures.
As these officers held their places, during the pleasure of the
king, the people of Massachusetts, it will be remembered, had
uniformly resisted such establishment, though repeatedly urged
on the part of the crown. On this subject, the house of repre
sentatives, maintained with equal firmness, their former resolution.
" This house," they say, " apprehends it would be grievous and
of dangerous tendency, if the crown should not only appoint
governors over the several colonies, but allow them such stipends
as it should judge proper, at the expense of the people, and with
out their consent. Such a power, under a corrupt administra
tion, it is feared, would introduce an absolute government in
America ; at least, it would leave the people in a state of uncer
tainty of their security, which is far from being a state of civil
liberty. The judges in the several colonies do not hold their
commissions, during good behavior. If then they are to have
their salaries, independent of the people, how easy it will be for
a corrupt governor to have a set of judges to his mind, to deprive
a bench of justice of its glory, and the people of their security."
The act of parliament suspending the legislative functions of
the assembly of New York, was considered by the colonists, as
striking at the foundation of their governments, and did not, at
this time, escape the animadversions ofthe representatives ofthe
people of Massachusetts.
" A legislative body," they say, " without the free exercise of
the powers of legislation, is to us incomprehensible. There
can be no natural difference between such a legislature and none
at all. It cannot be said, that the assembly of New York hath
Vol. I. 29

222 POLITICAL AND CIVIL HISTORY
the exercise of legislative powers, while their very existence is
suspended, upon their acting in conformity to the will of another
body. Such a restriction throughout the colonies, would be a
short and easy method of annihilating the legislative powers in
America ; and by consequence, of depriving the people of a
fundamental right of the constitution, namely, that every man
shall be present in the body, that legislates for him." "It may
not be amiss," they add " to consider the tendency of a suspen
sion of colony legislation, for non-compliance with acts of par
liament, requiring a provincial assembly to give or grant away
their own or their constituents money, for the support of a stand
ing army. We cannot but think it hard enough to have our
property granted away, without our consent, without being or
dered to deal it out ourselves, as in the case of the mutiny act.
It must be sufficiently humiliating to part with our property in
either of these ways, much more in both ; whereby, as loyal sub
jects as any under his majesty's government, and as true lovers of
their country, as any people whatever, are deprived of the honor
and merit of voluntarily contributing to the service of both.
What is the plain language of such suspension ? we can discover
no more or less in it, than this : If the American assemblies re
fuse to grant, as much of their own and their constituents money,
as shall, from time to time, be enjoined and prescribed by parlia
ment, besides what the parliament directly taxes them, they shall
no longer have any legislative assembly ; but if they comply with
what is prescribed, they may be allowed to legislate under their
charter restrictions. Does not political death and annihilation
stare us in the face, as strongly on one supposition as the other?
equally in case of compliance, or non-compliance."
They viewed the appointment of commissioners of the cus
toms, to reside in America, as a dangerous innovation, and an
unnecessary increase of the crown officers.
" These gentlemen," they say, " are authorized to appoint as
many officers as they shall think proper, without limitation. This
will probably be attended with undesirable effects. An host of
pensioners, by the arts they may use, may in time, become as

OF THE UNITED STATES. 223
dangerous to the liberties of the people, as an army of soldiers ;
for there is a way of subduing a people by arts as well as by
arms." While they claimed the rights of Englishmen, the people of
Massachusetts disclaimed all ideas of independency on the pa
rent country.
" When we mention the rights of the subjects in America, and
the interest we have in the British constitution, in common with
all other British subjects, we cannot justly be suspected of the
most distant thought of an independency on Great Britain.
Some we know," they say, " have imagined this of the colo
nists, and others may, perhaps, have industriously propagated it,
to raise groundless and unreasonable jealousies of them ; but it
is so far from the truth, that we apprehend the colonies would
refuse it, if offered to them, and would even deem it the greatest
misfortune to be obliged to accept it."* The house, also, during
the same session, addressed a circular letter to the colonies, sta
ting the difficulties to be apprehended, by the operation of the
late acts of parliament ; and requesting their co-operation for
redress. When the question of addressing a circular to the co
lonies, was first presented to the house, it was opposed, as seem
ing to countenance the meeting of another congress, heretofore
so offensive to the British government; and the motion was ne
gatived. The subject was afterwards reconsidered, and the let
ter so worded, as to satisfy a large majority of the house.
The other colonies approved of the proceedings of Massa
chusetts, and joined in applying to the king for relief.
The house of Burgesses in Virginia, in particular, applauded
the conduct of the people of Massachusetts, in favor of Ameri
can liberty ; and united in declaring the new duties to be equally
unconstitutional, with those imposed by the stamp act. " The
oppressive stamp act," they said, " confessedly imposed internal
taxes, and the late acts of parliament, giving and granting cer
tain duties in the British colonies, plainly tend to the same point.
Duties have been imposed to restrain the commerce of one part
'Massachusetts State papers, pp. 124 to 134.

224 POLITICAL AND CIVIL HISTORY
of the empire, that was likely to prove injurious to another ; and
by this means, the welfare of the whole promoted ; but duties
imposed, on such of the British imports, as are necessaries of
life, to be paid by the colonists on importation, without any view
to the interests of commerce, but merely to raise a revenue, or
in other words to compel the colonists to part with their money,
against their inclinations, they conceive to be a tax internal, to
all intents and purposes. And can it be thought just and reason
able," they add, " restricted as they are in their imports, obliged
to purchase these very necessaries, at the British market, that they
should now be told they shall not have them, without paying a
duty for them ?" The same house of Burgesses, also, viewed
the act of parliament, suspending the legislative powers of the
assembly of New York as still more alarming. " If the parlia
ment," they say, " can compel the colonies to furnish a single ar
ticle, to the troops sent over, they may, by the same rule, oblige
them to furnish clothes, arms, and every other necessary, even
the pay of the officers and soldiers — a doctrine replete with every
mischief, and utterly subversive of all that is dear and valuable :
for what advantage can the people of the colonies derive, from
their right of choosing their own representatives, if those rep
resentatives, when chosen, not permitted to exercise their own
judgments, were under a necessity, (on pain of being deprived of
their legislative authority) of enforcing the mandates of a British
parliament."* The circular letter of Massachusetts created no little alarm in
the British cabinet. They viewed it as an attempt to convene
another congress, to concert measures, in opposition to the au
thority of parliament. Union and concert among the colonies
Was a peculiar object of dread with the ministers ; and they were
determined if possible, to prevent every measure leading to it.
A letter from lord Hillsborough, Secretary of State, was there
fore addressed to the governor of Massachusetts, directing him,
at the next meeting of the general assembly of that colony, " to
require of the house of representatives, in his majesty's name,
* Prior Documents, p. 215.

OF THE UNITED STATES. 225
to rescind the resolution, which gave birth to the circular letter
of the speaker, and to declare their disapprobation of, and dis
sent to that rash and hasty proceeding." If the house refused
compliance, he was directed immediately to dissolve the assem
bly, and to transmit their proceedings to the king, that measures
might be taken to prevent for the future " a conduct of so extra
ordinary and unconstitutional a nature."
To prevent its effects in the other colonies, a circular letter
was, at the same time, addressed to their respective governors,
declaring this measure of the people of Massachusetts, " to be of
a most dangerous and factious tendency, calculated to enflame
the minds of his majesty's good subjects in the colonies, to pro
mote an unwarrantable combination, and to excite and encourage
an open opposition to, and denial of the authority of parliament,
and to subvert the true principles of the constitution ;" directing
them, also, to exert their utmost influence, to defeat " this flagi
tious attempt to disturb the public peace;" by prevailing upon
the assemblies, to take no notice of it, and thereby treat it, with
the contempt it deserved. The pleasure of the crown being com
municated to the house of representatives of Massachusetts in
June, 1768, the house, in the most peremptory manner, by 92 to
17, refused to rescind, or to disapprove of the proceedings of the
preceding assembly ; declaring their right as British subjects, in
a respectful manner, to petition the king and parliament, for a
redress of grievances, and to request the other colonies to unite
with them, for the same purpose. They also, addressed a letter
to lord Hillsborough giving him a detailed account of the trans
action, and repelling the suggestion made by him, that the same
was a rash and flagitious attempt to disturb the public peace.
The house viewed the letter of lord Hillsborough, as an un
warrantable attempt on their rights ; and in their answer to the
communication of the governor on this subject, express them
selves with no little warmth.
" If the votes of the house were to be controlled by the direc
tion of a minister," they say, " we have left us, but a shadow of
liberty /" On the question to rescind, Mr. Otis, one of the rep-

226 POLITICAL AND CIVIL HISTORY
resentatives from Boston, said  " When lord Hillsborough
knows, that we will not rescind our acts, let him apply to parlia
ment, to rescind theirs. Let Britain rescind their measures, or
they are lost forever." On receiving information of the decision
of the house, the governor immediately dissolved the assembly.
The ministerial mandate to the other colonies, was equally dis
regarded. The answer of the house of representatives of Mary
land, to the message of governor Sharpe, communicating lord
Hillsborough's letter, evinces the independent and fearless spirit,
of the people of that province.
" We cannot," say they, " but view this, as an attempt, in some
of his majesty's ministers, to suppress all communication of sen
timents, between the colonies, and to prevent the united suppli
cations of America, from reaching the royal ear. We hope the
conduct of this house will ever evince their reverance and re
spect for the laws, and faithful attachment to the constitution ;
but we cannot be brought to resent an exertion of the most un
doubted right of petitioning the throne ; or any endeavors to
procure and preserve an union of the colonies, as an unjustifia
ble attempt, to revive those distractions, which, it is said, have
operated so fatally to the prejudice of both the colonies arid
the mother country."
" We have the warmest and most affectionate attachment to
our most gracious sovereign, and shall ever pay the readiest and
most respectful regard, to the^'ws* and constitutional power ofthe
British parliament ; but we shall not be intimidated by a few
sounding expressions, from doing what we think is right."
" The house of representatives of the colony of Massachusetts,
in their letter to us, have intimated, that they have preferred an
humble and loyal petition to the king, and expressed their confi
dence, that the united and dutiful supplications of his distressed
American subjects, will meet with his royal and favorable accep
tance ; and we think they have asserted their rights, with a de
cent respect for their sovereign, and a due submission to the au
thority of parliament. What we phali do upon this occasion, or
whether in consequence of that letter, ve -ihiildo aiy thing, it is

OF THE UNITED STATES. 227
not our present business to communicate to your excellency : but
of this be pleased to be assured, that we cannot he prevailed on
to take no notice of, or to treat with the least degree of contempt,
a letter so expressive of duty and loyalty to the sovereign, and so
replete with just principles of liberty ; and your excellency may
depend that whenever we apprehend the rights of the people to
be affected, we shall not fail boldly to assert and steadily en
deavor to maintain and support them, always remembering, what
we could wish never to be forgot, that, by the bill of rights, it is
declared, " that it is the right of the subject to petition the king.
and all commitments and prosecutions for such petitioning are il
legal." This spirited, and truly noble answer, bore date the 23d
of June 1768 ; and the next day, the house sent a reply to the
Massachusetts circular, in which they fully concur with them, that
the statutes referred to, do " infringe the great fundamental prin.
ciple, that no man can be taxed, but with his own consent, given
by himself, or his representative."*
The assembly of New York, also, expressed themselves on this
subject, in strong and decided language.
In December of this year, after stating, that their rights and
privileges had been greatly abridged by the late acts of parlia
ment, .they declare unanimously, " that this colony lawfully and
constitutionally has, and enjoys an internal legislation of its own,
in which the crown and people of this colony are constitution
ally represented, and that the power and authority ofthe said
legislature, cannot, lawfully or constitutionally, be suspended,
abridged, abrogated, or annulled by any power, authority, or pre
rogative whatever, (the prerogative of the crown ordinarily exer
cised for prorogation and dissolution only excepted.)"
The house, also, declared, with the same unanimity, that they
had " an undoubted right to correspond and consult with any of
the neighboring colonies, or with any other of his majesty's sub
jects out of this colony, or belonging to any part of his majesty's
realm or dominions, either individually or collectively, on any mat
ter or thing whatsoever, whereby they shall conceive the rights,
* Prior Documents, pp. 218 to 220. Note 12,

228 POLITICAL AND CIVIL HISTORY
liberties, interests, or privileges of this house, or its constituents
are, or may be affected."*
The house immediately proceeded to exercise the right thus
claimed, and appointed a committee to correspond with any other
of his majesty's subjects out of the colony, on any matter concern
ing their rights.
In the mean time, the new board of commissioners of the cus
toms was established by the king, at Boston, and entered on the
duties of their office.
From the great excitement at that place, produced by the late
proceedings of parliament, a collision between the new custom
house officers, and the people of Boston, was to be expected.
The indignation of the Bostonians against them, was manifested
in various ways ; and at last broke out, in open opposition. The
sloop Liberty, belonging to that distinguished patriot, Mr. Han
cock, arrived at that port, in May 1768, laden with wines from
Madeira. The tide-waiter, who was put on board, refusing to retire to
the cabin, as had been usual heretofore, was seized by force and
confined there, while the greatest part of the cargo was unladen
in the night, and put into stores ; and the next day the sloop was
entered at the custom house, with a few pipes of wine only.
These facts were not disclosed until about the 10th of June fol
lowing, when the sloop was seized, for a false entry. The vessel
was soon after, taken and removed from the wharf, by armed
boats, and placed under the protection ofthe guns ofthe Romney,
a ship of war, then in the harbor. This novel mode of procedure,
excited the indignation ofthe people of Boston, who collected on
this occasion, and not only attempted to prevent the removal of
the vessel, but proceeded to acts of personal violence and outrage
against some of the custom house officers. Their houses were,
also, attacked and injured ; and the boat of the collector was
seized, carried to the commons and burnt.
A committee of the council, in their report on this subject, say,
that, although the extraordinary circumstances attending the
* Journals of the House of Representatives of New York.

OF THE UNITED STATES. 229
seizure of the sloop, might, in some measure, extenuate the crim
inality of the riotous proceedings in consequence of it, yet, being
of a very criminal nature, they declared their abhorrence of them ;
and requested that the governor would direct prosecutions against
the offenders.
This report was accepted by the council, but in consequence
of the dissolution of the assembly, was not acted upon by the
house. Such, however, was the state of public feeling, that no
prosecutions could be had.
The commissioners and other principal revenue officers, con
sidering themselves no longer safe in Boston, sought protection,
on board the Romney, and afterwards retired to castle Wil
ham, gave information of their situation to the British govern
ment, and requested the aid of a military force; The excitement
at Boston was greatly increased, about this time, by the impress
ment of some seamen belonging to that town, by order ofthe offi
cers of the Romney, in direct violation of an act of parliament,
(the 6th Ann.) which declared, that " no mariner, or other per
son, who shall serve on board, or be retained to serve on board,
any privateer, or trading ship or vessel, that shall be employed in
America, nor any mariner or person, being on shore in any part
thereof, shall be liable to be impressed or taken away, by any of
ficer or officers, of or belonging to her majesty's ships of war."
The inhabitants of Boston were assembled on this occasion, and
their petition to the governor, praying his interference to prevent
such outrages for the future, shows to what a state of alarm, anx
iety, and even despair, they were then reduced. They state that,
while waiting for a gracious answer to their petitions to the king,
they were invaded with an armed force, impressing and imprison
ing the persons of their fellow subjects, contrary to an express act
of parliament — that menaces had been thrown out, fit only for
barbarians, affecting them in the most sensible manner, and that,
"on account ofthe obstruction of their navigation, the situation
of the town was nearly such, as if war had been formally declared
against it. To contend," they said, " against our parent state,
is, in our idea, the most shocking and dreadful extremity ; but
Vol. I. 30

230 POLITICAL AND CIVIL HISTORY
tamely to relinquish the only security, we and our posterity retain,
ofthe enjoyment of our lives and properties, without one struggle,
is sohumiliating and base, that we cannot support the reflection."*
During the summer of this year, the merchants of Massachu
setts, Connecticut, and New York, again had recourse to a non
importation agreement, particularly with respect to the articles,
on which duties were imposed. This was done, not only to ob
tain a repeal of the late revenue act, but with a view of encour
aging manufactures in the colonies. The merchants of Philadel
phia being invited to join in this measure, declined, until they had
ascertained the intentions of the ministry in relation to the repeal
ofthe act. Informed, afterwards, through their friends in London,
who had sounded the ministry, that in consequence ofthe unjus
tifiable conduct of some of the colonists, the law would not, at
present, be repealed, they and most of the other merchants in the
different colonies, joined in the measure.
A new alarm was excited in Boston, about the first of Septem
ber, by a rumor, supposed to have originated with the governor,
that a military force was soon expected there, to compel obedi
ence to the late acts of parliament. A town meeting was imme
diately called, and a large committee appointed, to wait upon the
governor, and ascertain the truth of this rumor ; and also, to re
quest him, to convene the general assembly.
The governor, the next day, informed the people of the town
that his " apprehensions, that some of his majesty's troops were
expected at Boston, arose from information of a private nature ;
and that he could not call another assembly this year, without
the further commands of the king."t
At this meeting, the town not only again stated their charter
rights, but declared " that they would at the peril of their lives
and fortunes, take all legal and constitutional measures to defend
them." Under a pretended apprehension of an approaching war with
France, the town voted that all the inhabitants should duly ob-
* Prior Documents, p. 263.
t Tudor's Life of Otis, pp. 330, 331.

OF THE UNITED STATES. 231
serve the law of the province, which required every listed soldier
and other householder, to be always provided, " with a well finish
ed fire-lock, musket, accoutrements, and ammunition."
They, also, deemed it important, as the governor had refused
to call an assembly, that a convention should be held, consisting
of committees from the several towns, to consult and advise such
measures, " as his majesty's service and the safety of the province
should require."
For this purpose, a committee was appointed on the part of
Boston ; and the selectmen were directed to invite the other towns,
to send similar committees, to meet in this convention, on the 22d
of September. In pursuance of this invitation, committees
from ninety-six towns met at the time appointed. The proceed
ings of this convention were marked with singular moderation,
considering the state of the province.
One of its first acts was, to request the governor to con
vene the general assembly ; but he refused to receive the
petition. He thought proper, however, to send a letter to
the convention, admonishing them to break up and separate ;
" but," he added, " if you pay no regard to this admonition, I
must, as governor, assert the prerogative ofthe crown, in a more
public manner ; for assure yourselves, (I speak from instructions,)
the king is determined to maintain his entire sovereignty over this
province, and whoever shall persist in usurping any of the rights
of it, will repent of his rashness." The convention, however,
were not intimidated by the threats ofthe governor.
They published a report, in which disclaiming " all legislative
or governmental authority," they declared, they had met, " in
consequence of great alarm and uneasiness among the people,
and a report, that the petitions of the late assembly had not been
presented to the king, and that a large military force was expect
ed^ for the purpose of assisting, in executing oppressive and, (as
they believed,) unconstitutional laws." They, at the same time,
expressed a hope, " that their complaints would reach the ears of
their gracious sovereign, and earnestly recommended to the peo
ple, to refrain from all acts of violence and tumult, as calculated,

232 POLITICAL AND CIVIL HISTORY
rather to injure than to serve the cause of freedom ; and to sub
mit with all due patience to legal authority, till some way of relief
should be opened to them." They prepared a petition to the
king, in which they complain of being misrepresented to his ma
jesty. They repel the charges brought against them, and declare
their uneasiness to arise, from the oppressive measures of the ad
ministration, the acts for raising a revenue, passed by a body, in
which they were not represented ; from the orders, for a military
force to aid in the execution of these acts, and from a dissolu
tion of the assembly, and not from a desire of independence.
" We clearly hold," they say, " that the sovereignty of his sacred
majesty, king George the third, is entire in all parts of the Brit
ish empire : God forbid, that we should ever act or wish any thing
in oppugnation of the same. We appear as plain honest men,
humbly soliciting peace and order. We wish ever to promote
and cultivate a harmony and union between Great Britain and
the colonies."*
After a session of five days, the convention was dissolved. The
opposite views of the people of Great Britain and America, on
the subject of colonial rights, and particularly, relative- to tax
ation, necessarily led to opposite measures ; and there was no
umpire to decide between them. The former were determined
to enforce their claim, by military power, while the latter were
equally determined, not to submit.
The certain approach of this force, justly filled the colonists,
and particularly those of Massachusetts, with the greatest alarm
and anxiety. In consequence ofthe representations made to the
ministry, by governor Bernard and others, troops had been se
cretly ordered to Boston, as early as the 8th of June. In March
preceding, Bernard had written to the earl of Shelburne, that " in
the business ofa popular opposition to the laws of Great Britain,
founded upon pretensions of rights and privileges, he had not the
shadow of authority or power ;" and he added that when asked,
why he did not apply for troops, to support the king's govern
ment, he answered, that he did not think it " proper or prudent.
to make such applications, upon his own opinion only."
* Bradford, vol. 1. pp. 165, 166.

OF THE UNITED STATES. 233
In June, lord Hillsborough, in a letter to general Gage, com
municated to him certain private information from the commis
sioners of the revenue, and several confidential letters, from gov
ernor Bernard, and says, that these would convince him of the
necessity of taking measures, to strengthen the hands of govern
ment in Massachusetts, to enforce obedience to the laws, and
support the civil magistrates and other officers of the crown in
the execution of their duty. " For these purposes," he adds, " I
am to signify to you his majesty's pleasure, that you do immedi
ately order one regiment, or such force as you shall think neces
sary, to Boston, to be quartered in that town, and to give every
legal assistance to the civil magistrate in the preservation of the
public peace, and to the officers of the customs, in the execution
ofthe acts of trade and revenue." The secretary was aware,
from " the delicate nature of the service," with which these troops
were charged, that this step might, and probably would lead " to
consequences not easily foreseen ;" and therefore directed general
Gage to choose an officer for the command of the troops, on
whose prudence, resolution, and integrity, he could depend.*
Under these instructions, two regiments were ordered by general
Gage, and about the last of September arrived in the harbor
of Boston, under the command of colonel Dalrymple ; who, at
first, had orders, to quarter one regiment at the castle, and the
other, in the town. Soon after their arrival, however, the com
mandant had new orders, to quarter both in the town. These
last orders were probably given, in consequence of the meeting
of the convention before mentioned.
The governor consulted the council, relative to providing for
the troops in Boston, but they refused all interference, alleging,
that by act of parliament, the troops must occupy the barracks ;
and in case these were not sufficient, the magistrates were to pro
vide quarters for the remainder ; intimating, at the same time,
that to station troops permanently in the colonies, in time of
peace, was not authorized by the mutiny act, and was contrary
to the constitution. The magistrates and the people of Boston,
?Bradford, vol. 1, p. 168.

034 POLITICAL AND CIVIL HISTORY
also, refused to interfere ; and the governor alone was obliged
to provide them quarters.
One regiment was encamped on the commons, and the other
for a time, in the market hall and state house.
To see their favorite commons, turned into an encampment,
the chamber of the house of representatives, the council chamber
and the seats of justice occupied and surrounded by armed sol
diers, sent to enforce laws, deemed by them unconstitutional, ex
cited in the people of Boston, the highest feelings of indignation.
The general assembly was not in session, and the governor refus
ed to convene them, until further orders from the king.
To these, their legal guardians and protectors, they therefore
could not look for redress, until the constitutional time of their
meeting, in May following.
Boston now wore the appearance of a garrisoned town ; con
stant quarrels and collisions, as was to be expected, took place>
between the citizens and soldiers ; and it is a matter of surprise,
that these did not sooner end in bloodshed. The proceedings of
the colonists against the late acts of parliament, and particularly
the conduct ofthe people of Massachusetts, in sending their cir
cular letter to the other colonies, in assuming the powers of gov
ernment, in refusing to provide quarters for the royal troops, and
in openly opposing the execution of the revenue acts, and acts of
trade, again excited the resentment ofthe ministry and parliament.
About the last of November 1768, the papers in relation to the
disturbances in Massachusetts, were laid before parliament ; and
on the 15th of December following, the house of lords passed a
number of resolutions, severely censuring the conduct ofthe peo
ple of that province.
They declared that the votes, resolutions and proceedings of
the house of representatives, in the winter preceding, denying
or calling in question the power and authority of the king and
parliament, to bind them in all cases whatsoever, " were illegal,
unconstitutional, and derogatory of the rights of the crown and
parliament of Great Britain" — that the circular letter, was a
proceeding of a most unwarrantable and dangerous nature, cal-

OF THE UNITED STATES. 235
dilated to inflame the minds of the other colonists, and tending
to create unlawful combinations, repugnant to the laws of Great
Britain, and subversive of the constitution — that the town of
Boston was in such a state of disorder and confusion, that the
public peace could not be preserved, or the laws executed, with
out the aid of a military force — that the proceedings of that town,
in calling a convention, were subversive of his majesty's govern
ment, and manifested a design to set up a new and unconstitu
tional authority, independent of the crown of Great Britain —
and that the meeting of the convention was a daring insult of
fered to his majesty's authority, and an audacious usurpation of
the powers of government.* These resolutions were, about the
first of February, agreed to by the house of commons ; and a
joint address was at the same time presented to the king, ex
pressing their satisfaction at the measures taken by him, for
maintaining the constitution and a due obedience to the laws ;
and giving him the strongest assurances of their support, in all
future measures, for the same purpose ; and also requesting
him, in order to bring to condign punishment, the chief authors
and instigators of the late disorders, " to direct the governor of
Massachusetts Bay, to take the most effectual methods for pro
curing the fullest information that can be obtained, touching all
treasons, or misprisions of treason, committed within his govern
ment, since the 30th of December last, and to transmit the same,
together with the names of the persons, who were the most ac
tive in the commission of such offenses, to one of his majesty's
secretaries of state, in order that his majesty may issue a spe
cial commission for enquiring of, and hearing and determining
the said offences, within this realm, pursuant to the provisions of
the statute of the 35th of Henry the eighth, if his majesty shall,
when receiving the said information, see sufficient ground for
such a proceeding !" The king, in answer to this address, assu
red parliament, of his determination, to give the necessary or
ders, for bringing the authors of the unhappy disorders in Massa
chusetts, to condign punishment.! Though these proceedings
*Note 13. | Prior Documents, pp. 243, 244.

236 POLITICAL AND CIVIL HISTORY
of parliament pointed principally to Massachuetts, yet all the
colonists considered themselves, as deeply affected by them.
Instead of intimidating, they served to unite them more firmly,
in opposition to this extraordinary claim of right to transport the
colonists to England for trial, for supposed offenses committed
in America. The house of Burgesses in Virginia, early in May,
1769, not only again asserted, that the sole right of imposing
taxes on the inhabitants of that colony, was vested in them alone,
and that it was the privilege of the inhabitants to petition the
king for a redress of grievances, and to request the other colo
nies to unite with them for that purpose ; but, also, declared,
" that all trials for treasons, misprisions of treason, or for any fel
ony or crime whatever, committed by any person residing in the
colony, ought to be in, and before his majesty's courts in the
colony ; and that the seizing any person residing in the colony,
suspected of any crime whatever, committed there, and sending
such person to places beyond the seas to be tried, is highly de
rogatory of the rights of British subjects, as thereby the inesti
mable privilege of trial by a jury from the vicinage, as well as
the liberty of producing witnesses on such trial, will be taken
away from the party accused."
The house of Burgesses, also, prepared a petition to the king,
on this subject, couched in strong and feeling language. After
expressing their horror at the illegal and unconstitutional mode
of transporting the colonists to England for trial, as recommend
ed by parliament, they add, "How truly deplorable must be the
situation of a wretched American, who, having incurred the dis
pleasure of any one in power, is dragged from his native home,
and his nearest domestic connections, thrown into a prison, not
to wait his trial, before a court, jury, or judges, from a knowledge
of whom, he is encouraged to hope for speedy justice ; but to
exchange his imprisonment in his own country, for fetters among
strangers." " Conveyed to a distant land, where no friend, no relation will
alleviate his distresses, or minister to his necessities, and where,
no esses can be found, to testify to his innocence ; shunned

OF THE UNITED STATES. 237
by the reputable and honest, and consigned to the society and
converse of the wretched and abandoned, he can only pray, that
he may soon end his misery with his life."
The governor of Virginia, informed of the proceedings of the
house, dissolved the assembly. The members, however, imme
diately met, in their private characters, chose their late speaker,
Peyton Randolph, moderator, and entered into a written associ
ation or agreement, not to import any articles that were taxed,
as well as some others. The resolutions of the burgesses of Vir
ginia, were directed to be sent to the speakers of the several
assemblies on the continent.
The house of representatives of New York, in November of
the same year, not only concurred in these resolutions, but order
ed them to be entered on their journals. The assembly of Mas
sachusetts, after their dissolution in July, 1768, was not permit
ted again to meet until the last Wednesday of May, 1769, the
time fixed by the charter. The members came together, with
minds extremely irritated, not only against the governor, but
against the troops stationed at Boston, and the course of policy
lately pursued by the parent country against that colony. This
excitement was not diminished, on finding the state house, sur
rounded by a guard, with cannon pointed directly to the place
where they met for deliberation. The house of representatives,
on the first day of the session, sent a message to the governor,
declaring " that an armament by sea and land, investing the me
tropolis, and a military guard, with cannon pointed at the door
of the state house, where the assembly had met, was inconsis
tent with that dignity, as well as that freedom, with which they
had a right, to deliberate, consult and determine."
They requested him, therefore, to give orders for the removal
of the troops from the town, during the session of assembly.
The governor answered, that he had no authority over the
troops, and could give no such orders, as had been required. In
reply to this message, the house declared that " the use of the
military power, to enforce the execution of the laws, is, in their
opinion, inconsistent with the spirit of a free constitution,]and the
Vol. I. 31

238 POLITICAL AND CIVIL HISTORY
Veiy nature of government — that the body of the people, the
posse comitatus, will always aid the magistrate in the execution
of such laws, as ought to be executed. The very supposition,"
they say, " of an unwillingness in the people in general, that a
law should be executed, carries with it the strongest presumption,
that it is an unjust law, at least, that it is unsalutary. It cannot
be their law ; for by the nature of a free constitution, the people
must consent to laws, before they can be obliged, in conscience,
to obey them."* In this situation, the house refused to do busi
ness, and the governor adjourned the assembly to Cambridge.
Several very angry messages passed, between the governor and
the house, during this session ; the latter denying the power of
the governor to adjourn the assembly from Boston.
The house again resumed the subject of their rights, and pas
sed a number of resolutions, and among the rest, " that the es
tablishment of a standing army in the colony, in time of peace,
without the consent of the general assembly of the same, is an
invasion of the natural rights of the people, as well as those
which they claim, as free born Englishmen, confirmed by magna
charta, the bill of rights, as settled at the revolution, and by
the charter of the province." With respect to transporting the
Americans to England, for trial for offenses committed in the
colonies, they concurred with the resolution passed by the Vir
ginia house of burgesses.
Towards the close of the session, the governor transmitted to
the house, two messages, requiring them to make provision, for
the payment of expenses, already incurred for quartering the
troops, and for similar expenses in future. The house, in a most
peremptory manner, refused to comply; and the answers to
these messages, show the temper, feelings and determined spirit
of the house, as well as the people of Massachusetts, on this sub
ject. After commenting on the unreasonableness and severity of the
mutiny act, and the unwarrantable proceedings of the governor
under it, by making payments of money, without any appropria-
* Massachusetts State papers, pp. 170, 171.

OF THE UNITED STATES. 239
(ion by the assembly, they add, — " We shall now, with your ex
cellency's leave, take a nearer view of the act of parliament.
The whole continent has, for some years past, been distressed,
with what are called acts for imposing taxes on the colonies, for
the express purpose of raising a revenue, and that, without their
consent, in person, or by representatives."
" This subject has been so fully handled, by the several assem
blies, and in the publications, that have been made, that we shall
be as brief as possible, on that head ; but we take leave to ob
serve, that in strictness all these may be rather called acts for
raising a tribute in America, for the further purposes of dissipa
tion among placemen and pensioners. And, if the present sys
tem of measures, shall be much further pursued, it will be soon
difficult, if possible, to distinguish the case of widows and or
phans in America, plundered by infamous informers, from those,
who suffered under the administration of the most oppressive of
the governors of the Roman provinces, at a period, when that
once proud and haughty republic, after having subjugated the
finest kingdoms in the world, and drawn all the treasures of the
east, to imperial Rome, fell a sacrifice to the unbounded corrup
tion and venality of its grandees. But of all the new regulations,
the stamp act not excepted, this under consideration, is the most
excessively unreasonable. For, in effect, the yet free representa
tives of the .free assemblies of North America, are called upon
to repay, of their own and their constituents' money, such sum or
sums as persons, over whom they can have no check or control,
may be pleased to expend. As representatives, we are deputed
by the people, agreeable to the royal charter and laws of this
province. By that charter, and the nature of our trusts, we are
only impowered to ' grant such aids, and levy such taxes for his
majesty's service, as are reasonable ;' of which, if we are not free
and independent judges, we can no longer be free representatives,
nor our constituents free subjects. If we are free judges, we are
at liberty to follow the dictates of our own understandings, with
out regard to the mandates of another ; much less can we be
free judges, if we are, but blindly to give as much of our own and

240 POLITICAL AND CIVIL HISTORY
our constituents' substance, as may be commanded, or thought fit
to be expended, by those we know not. Your excellency, there
fore, must excuse us, in the express declaration, that as we can
not, consistently with our honor, or interest, and much less with
the duty we owe our constituents, so we shall never make provis
ion for the purposes, in your several messages."* On the receipt
of this answer, the governor prorogued the assembly, to the
usual time of their winter session.
In the course of this session, governor Bernard informed
the asssembly, of his orders from the king, to repair to Eng
land, to lay before him the state of the colony ; and before its
close, the house prepared a petition to his majesty, to remove the
governor forever, from the government of the province ; alleg
ing a variety of reasons, and among others, that he had endeav
ored to overthrow the constitution of government of that colony,
and to deprive them of their charter rights. Some of the confi
dential letters of Bernard to the ministry, had been laid before
parliament, in November, 1768, and printed. In these, he had
recommended some material alterations in the charter of Mas
sachusetts, particularly in the election of councillors, vesting their
appointment in the crown. In August, Bernard, sailed for Eng-
gland, and Thomas Hutchinson, the lieutenant governor, was
left the king's representative in the colony.
It is proper here to state, that during the session of parlia
ment in the winter of 1769, an attempt was made to obtain a
repeal of the act, imposing the new duties, but it was resisted as
an improper time to yield to the unjust demands of the colonists.
It would be time enough, it was said, to do this, when they had
shown a disposition to submit to the authority of parliament.
Lord North declared, that however prudence or policy might
hereafter induce them to repeal the act, he hoped, they should
never think of it, until America was prostrate at their feet.]
The act however, had become somewhat unpopular in Great
Britain ; and notwithstanding the haughty declaration of one
of the ministers, who was soon after placed at the head of the
* Massachusetts State papers, p. 106. f Gordon, vol. 1, p, 176.

OF THE UNITED STATES. " 241
administration ; yet, on the 13th of May, 1769, after the close of
the session, lord Hillsborough sent a circular letter to the coloni
al governors, in which he says, " I can take upon me to assure
you, notwithstanding insinuations to the contrary from men with
factious and seditious views, that his majesty's present adminis
tration have, at no time, entertained a design to lay any further
taxes upon America, for the purpose of raising a revenue ; and
that it is, at present their intention to propose, the next session of
parliament, to take off the duties upon glass, paper and colors,
upon consideration of such duties having been laid contrary to
the true principles of commerce. These have always been, and
still are, the sentiments of his majesty's present servants, and by
which their conduct, in respect to America, has been governed,
And his majesty relies upon your prudence and fidelity, for such
an explanation of his measures, as may tend to remove the pre
judices which have been excited, by the misrepresentations of
those, who are enemies to the peace and prosperity of Great
Britain and her colonies ; and to establish that mutual confidence
and affection, upon which the glory and safety of the British
empire depend." The governor of Virginia, lord Bottertout, in
presenting this letter to the assembly of that colony says, " It is
my opinion, that the plan which I have stated to you, will cer
tainly take place, and that it will never be departed from, and so
determined am I forever to abide by it, that I will be content to
be declared infamous, if I do not, to the last hour of my life, at
all times, in all places, and upon all occasions, exert every power
with which I am or ever shall be legally invested, in order to ob
tain and maintain, for the continent of America, that satisfac
tion, which I have been authorized to promise this day, by the
confidential servants of our glorious sovereign, who to my cer
tain knowledge, rates his honor so high, that he would rather part
with his crown, than preserve it by deceit."
" We will not suffer our present hopes," say the assembly of
"Virginia, in their answer to this communication, " arising from the
pleasing prospect, your lordship has so kindly opened and dis
played to us, to be dashed by the bitter reflection, that any fu-

242 POLITICAL AND CIVIL HISTORY
ture administration will entertain a wish, to depart from that plan,
which affords the surest and most permanent foundation of pub
lic tranquility and happiness. No, my lord, we are sure our most
gracious sovereign, under whatever changes may happen in his
confidential servants, will remain immutable in the ways of truth
and justice, and that he is incapable of deceiving his faithful
subjects ; and we esteem your lordship's information, not only,
as warranted, but even sanctified by the royal word."
As the duty on tea, as well as the other revenue acts were
still to continue, and the other duties were to be taken off,
solely on the ground of commercial policy, this promise or dec
laration of the secretary did not satisfy the colonists. The mer
chants of Boston, at a meeting, unanimously declared, that the
removal of the duties on the articles of glass, paper and colors,
would not relieve the trade of the colonies, from the difficulties
it was under ; and they at the same time confirmed their former
agreement, not to send for goods, unless the revenue acts should,
also be repealed. The people of the town of Boston, at a meet
ing held on the 4th of October, 1769, published " an appeal to
the world," in which they not only vindicated themselves from
the " false, scandalous and infamous libels" upon them, contain
ed, as they said, in some of the letters of governor Bernard, and
others laid before parliament ; but also, declared, " that the taking
off the duties on paper, glass and colors, merely on commercial
principles, would not be satisfactory ; that it would not relieve
trade from its burdens, much less remove the grounds of discon
tent, which prevailed through the continent, upon higher princi
ples." " Their rights," they said, " are invaded by those acts ; there
fore, until they are all repealed, the cause of their just complaints
cannot be removed. In short, the grievances which lie heavily
upon us, we shall never think redressed, till every act, passed by
the British parliament, for the express purpose, of raising a reve
nue upon us, without our consent, is repealed ; till the American
board of commissioners of the customs, is dissolved, the troops
recalled, and things are restored to the state they were in, before
the late extraordinary measures of administration took place."

OF THE UNITED STATES. 243
In the course ofthe year 1769, most ofthe colonial assemblies
united in resolutions similar to those of Virginia and Massachu
setts ; and the merchants also united in non-importation agree
ments. The intelligent merchants of Philadelphia, in November of
this year, in a letter to the merchants of London, not only vindi
cated themselves, and the colonists in general, from aspersions
cast upon them, by governor Bernard and others ; but on the
subject of the right of parliament to impose taxes or duties up
on them in any way, expressed themselves in bold and determin
ed language. After stating the general reasonings of the colo
nists on this great question, they conclude by saying ; " for this
reason, we think ourselves obliged to inform you, that, though
the merchants have confined their agreement to the repeal of
the act laying a duty on tea, paper, glass, &c. yet nothing short
of a repeal of all the revenue acts, and putting things on the
footing they were, before the late innovations, can or will satisfy
the minds of the people. Fleets and armies may overawe our
towns, admiralty courts and boards of commissioners, with
their swarms of underlings, may, by a vigorous execution of the
same unconstitutional acts, ruin our commerce and render Amer
ica of little use to the people of Britain ; but while every farmer
is a freeholder, the spirit of liberty will prevail, and every at
tempt, to divest them of their privileges of freemen, must be at
tended with consequences, injurious to the colonies and the moth
er country." This letter, so clearly manifesting the firmness and
patriotism of the merchants of Philadelphia, was drawn by a
committee, appointed for that purpose ; and among this com
mittee were the names of Robert Morris, Charles Thompson,
and Thomas Mifflin, afterwards distinguished in the active scenes
of the revolution."*
Parliament again met on the 9th of January, 1770, and soon
after, the Duke of Grafton, first lord of the treasury, resigned,
and the celebrated lord North was appointed in his room. Though
the speech from the throne declared, that combinations still ex
isted, to destroy the commercial connection, between Great Brit-
* Gordon, vol. 1, p. 180.

244 POLITICAL AND CIVIL HISTORY
ain and her colonies, and though America was not yet prostrate
at the feet of the ministry, lord North himself, on the 5th of
March, 1770, introduced a bill taking off the duties imposed by
the act of 1767, on all the articles except tea. This partial re
peal, which took place the 1 2th of April, though not satisfactory,
served in some measure, to tranquilize the minds of the Amer
icans. The insignificant duty on tea, was continued for the pur
pose of maintaining the supremacy of parliament, and like a
pepper corn rent, was reserved to show the tenure by which the
colonists held their rights. The house of burgesses in Virginia,
in a petition to the king, declared that a partial suspension of the
duties, would not remove their too well grounded fears and ap
prehensions ; while that on tea was retained " for the avowed
purpose of establishing a precedent against them."* The
troops were still continued at Boston, and the other revenue acts
and the acts of trade were still enforced, by the new board of
commisssioners. This kept up a state of extreme irritation in
Massachusetts, and collisions and quarrels, between the sol
diers and the citizens of Boston were continued. These were
carried to such a length, that, at last, a guard, under the com
mand of a captain Preston, in a quarrel, fired upon the people
of that town, and eleven persons were either killed or wounded.!
This tragical event happened on the evening of the 5th of
March, 1770, and threw the town into a flame.
A meeting of the citizens was held the next morning, and a re
solution passed; " that the town should be evacuated by the sol
diers at all hazards ;" and a committee was appointed, with Sam
uel Adams at their head, to demand their immediate removal.
After some hesitation on the part of Hutchinson and Col. Dalrym
ple, the troops were removed to the castle, and the peace of the
town preserved.!
Captain Preston and others were indicted for murder, and
were defended by the powerful talents and eloquence of John
Adams and Josiah Quincy jr. and were all acquitted, except
two, who were found guilty of manslaughter. Those who fell
* Gordon, vol. 1, p, 187. t Bradford, vol. 1, pp. 20S, 209. f Otis' Life, p. 377.

OF THE UNITED STATES. 245
en this occasion, were considered as martyrs in the cause of lib
erty, and the anniversary of this tragic event, usually called " the
Boston massacre," was kept, for a long time afterwards, with
great solemnity.
The event itself, was deeply felt throughout America, and
served, among other things, to keep alive among the colonists
their opposition to the exercise of parliamentary and royal author
ity over them.
This was particularly the case in Massachusetts, where op
position was increased by new causes of controversy. The com
missioners and other officers of the customs, had been assessed
in the towns where they resided, for the profits of their commiss
ions ; and like other citizens and inhabitants, had been called
upon, for the payment of their proportion of taxes. Of this,
they had complained to the king ; and royal instructions were
given to the governor, to assent to no tax bill, giving the assess
ors the power of thus taxing these officers. In consequence of
these instructions, governor Hutchinson, in July, 1771, refused
his assent to a tax bill. The house of representatives would not
suffer the smallest infringement of what they deemed their rights,
to pass unnoticed ; and in their answer to the message of the
governor, communicating the reasons of his dissent to the bill,
expressed themselves in strong language, against being con
trolled in their legislative proceedings by royal instructions, as
well as against the revenue acts themselves.
" The cause you are pleased to assign," they say, " for with
holding your assent to the tax bill, is surprising and alarming.
We know of no commissioners of his majesty's customs, nor of
any revenue his majesty has a right, to establish, in North Ameri
ca ; we know and feel a tribute, levied and extorted from those,
who, if they have property, have a right to the absolute disposal
of it." They, at "the same time declare, that by their royal char
ter, the general assembly have full power and authority, to levy
taxes on all the inhabitants of that province ; and that they have
an uncontrollable right, to direct, in what manner, and on whom,
such taxes shall be levied : they also add, " that for the governor
Vol. I. 32

246 POLITICAL AND CIVIL HISTORY
to withhold his assent to bills, merely by force of his instructions,
is vacating the charter, giving instructions the force of law, with
in the province. Such a doctrine," they said, " would render
the representatives of a free people mere machines, and would
reduce them to this fatal alternative, either to have no taxes levi
ed and raised at all, or to have them raised and levied in such
a manner, and upon those only, whom bis majesty's ministers
might please."* As neither the house nor governor would yield
on this point, no tax bill was passed, during the session. The
assembly was prorogued, till September, 1771, and then again
till April 1772, an unusual length of time ; and this arbitrary ex
ercise of royal authority, served to increase the indignation of
the people, and greatly to lessen their respect for the authority it
self. The half-way measures of the administration, since the re
peal of the stamp act, had not and could not satisfy the Amer
icans. No half-way measures indeed, could avail. They might
palliate, but could not cure the evil. The relinquishment of the
right, as well as the practice oi taxing, and of regulating the in
ternal concerns of the colonies would alone satisfy them. While
the declaratory act remained in force, no cordial union, no har
mony could exist, between the colonies and the parent country.
On these points no compromise was possible.
Every attempt to exercise this unlimited authority, affecting in
the least degree, colonial rights, served only to increase irritation,
and to widen the breach; between the two countries.
The provision made by the crown, for the support of the gov
ernor of Massachusetts, independent of the assemblies of that
province, revived, with ten fold bitterness, the old dispute on that
subject. Information that such provision had been made, and
that the governor had received his salary from the crown, was offi
cially announced to the assembly, in June, 1772.
The house of representatives immediately declared, that this
was an infraction of their charter ; that the governor's receiv
ing his support, independent of the grants of the general as
sembly, was a dangerous innovation, destructive of those mutual
* Bradford, vol. 1, pp. 246, 247.

OF THE UNITED STATES. 247
checks, which each branch of the legislature ought to have upon
the other ; and against which they entered their solemn protest
as an important change in their constitution, and exposing the
province to a despotic administration of government. They re
quested the governor, to receive his salary, as heretofore, from the
assembly ; but this he refused. Opposition to ministerial and
parliamentary measures was not at this time, confined to Massa
chusetts alone, but was manifested in an open and daring manner,
in the colony of Rhode Island, in the month of June, 1772. A
British armed schooner, called the Gaspee, was stationed in that
colony, to enforce the revenue and trade laws. The command
er had rendered himself obnoxious to the people of that colo
ny, particularly to the inhabitants of Providence, not merely
from the nature of the duty assigned him, but by his conduct in
obliging the masters of packets, navigating their favorite bay,
to submit to the degradation of lowering their colors, as they
passed the schooner ; and in case of refusal, by chasing and
firing at them. The master of one of the Providence packets,
having refused to submit to this act of servility, was fired upon ;
and in the chase to compel submission, the schooner ran aground.
Some of the bold and patriotic inhabitants of Providence, in
formed of this, with John Brown, a distinguished and opulent
merchant at their head, immediately assembled, and in the night
took possession of the royal vessel by force, and burnt her, with
all her stores. Commissioners were appointed by the crown, to
find and try the persons concerned in this transaction, but
though a reward of five hundred pounds was offered for a dis
covery, no proof could be obtained against the offenders.
No measure of the British cabinet, since the stamp act, had ex
cited so much dissatisfaction in Massachusetts, as the royal pro
vision for the support of the governor, independent of the provin
cial assembly. The old contest on this subject was not yet for
gotten, and the people, now greatly increased in numbers, were
as little disposed, as their ancestors, to yield on this point. Op
position to this measure, was not confined to the assembly ; but
numerous 'meetings of the people themselves in the various towns,

248 POLITICAL AND CIVIL HISTORY
were held on the subject. At these meetings, not only this par
ticular measure, but all the late ministerial and parliamentary
proceedings, in relation to the colonies, were examined and dis
cussed, with great freedom and boldness. These meetings com
menced at Boston, on the 2d of November 1772.
On the motion of Samuel Adams, a committee consisting of
twenty-one was appointed, " to state the rights of the colonies,
and of this province in particular, as men, as christians, and as
subjects." This committee was, also, directed to publish the same to the
several towns in the province, and to the world, as the sense
of the town of Boston, on the subject of their rights, with
the various infringements and violations thereof. The report
made by this committee was accepted on the 19th of that
month ; and six hundred copies circulated through the colony,
with a letter from the committee to the other towns, requesting
their concurrence. In this report, drawn with great ability, they
claimed those natural and unalienable rights of man, with which
no government could interfere, without their consent. As Brit
ish subjects, they claimed equal rights with their fellow subjects
in England, rights secured to them by the constitution. The
christian religion, they said, not only sanctioned their views of
civil liberty, but in spiritual concerns, secured to them all the free
dom, and self-direction, which they and their fathers had long en
joyed. After stating the many violations of their rights, they al
lude to the royal provision for the support of their governor, de
claring, "it had been always held, that the dependence ofthe gov
ernor of this province, upon the general assembly for his support,
was necessary for the preservation of their legislative equilibrium ;
nevertheless his majesty had been pleased to apply £1500 ster
ling, annually, out ofthe American revenue, for the support ofthe
governor of this province independent of the assembly ; whereby
the ancient connection between him and this people is weaken
ed, the confidence in the governor lessened, the equilibrium des
troyed, and the constitution essentially altered." Nor did the
framers of this report confine themselves to the more recent vio-

OF THE UNITED STATES. 249
lations of colonial rights ; but adverted to the more ancient acts
of parliament, restraining the manufactures ofthe colonists. The
act prohibiting the erection of slitting mills, they declare to be
" an infringement of that right, with which God and nature had
invested them, to make use of their skill and industry, in procur
ing the necessaries and conveniences of life." The acts also,
prohibiting the transportation of wool by water, and for restrain
ing the manufacture of hats, they pronounced unreasonable and
grievous. After stating, that the establishment of a bishop in the colonies,
(a measure supposed to be then in contemplation,) would be a
grievance and a violation of their rights, they add, " and we are
further of opinion, that no power on earth, can justly give either
temporal or spiritual jurisdiction, within this province, except the
great and general court."
In their letter to the several towns, the committee tell their fel
low citizens, " they had abundant reason to apprehend, that a
plan of despotism had been concerted, and was hastening to a
completion : that the late measures of administration, had a di
rect tendency to deprive them of every thing valuable as men, as
christians, and as subjects, entitled to the rights of native Bri
tons." If they concurred with them, with respect to their rights and
the violation thereof, they called upon them, to stand firm, as
men, to recover and support those rights ; and to take measures to
rescue, from impending ruin, their happy and glorious constitu
tion. If, however, they say, it should be the general voice of the
province, that the rights they had stated did not belong to them,
or had not been violated, or were not worth contending for, they
could only forever lament the extinction of that generous ardor
for civil' and religious liberty, which in the face of every danger,
and of death itself, induced their fathers to forsake the bosom of
their native country, and begin a settlement on bare creation.
They conclude — " We are not afraid of poverty ; but we dis
dain slavery. Let us consider, we are struggling for our best
birth rights and inheritance ; which, being infringed, renders all

250 POLITICAL AND CIVIL HISTORY
our blessings precarious in their enjoyment, and trifling in their
value." Most ofthe towns held meetings, appointed committees
of correspondence, and passed resolutions, similar to those of Bos
ton ; and some of them even in bolder language. The inhabit
ants of Petersham, as well as Boston, did not confine themselves
to the late violations of their rights, but declared, that parliament
had unrighteously distressed their trade, denied them the privilege
of setting up and carrying on manufactures, restricted and pre
vented their lawful intercourse and commerce with other states
and kingdoms, had made laws touching life and limb, in disherison
of the ancient common law of the land ; and " in these latter
times, had robbed and plundered the honest and laborious inhab
itants of this extensive continent of their property, by mere force
and power ; and are now draining the people ofthe fruits of their
toil, by thus raising a revenue from them, against the natural
rights of man, and in open violation of the laws of God."* This
is a specimen of the boldness and freedom with which, the inde
pendent freeholders of Massachusetts expressed themselves, on
the general system of policy heretofore pursued by the parent
country towards the colonies, as well as of the more recent exer
cise of parliamentary power over them.
These proceedings of the towns in Massachusetts, attracted the
attention of governor Hutchinson ; and in his speech, at the open
ing ofthe assembly, in January 1773, he declared them to be un
warrantable and of dangerous tendency ; and he called upon the
assembly, " to join in discountenancing such irregularities and in
novations." Alluding to these proceedings and the disordered
state of the province, he says, " at length the constitution has
been called in question, and the authority of the parliament of
Great Britain to make and establish laws for the inhabitants of
this province, has been, by many, denied."
Referring to the various resolutions ofthe towns, he observes that
" some of them deny the supreme authority of parliament, and so
are repugnant to the principles ofthe constitution, and that others
speak of this supreme authority, of which the king is a constitu-
* These resolutions were prepared by Josiah Quincy, jr.

OF THE UNITED STATES. 251
tional part, and to every act of which his assent is necessary, in
such terms, as have a direct tendency, to alienate the affections
ofthe people, from their sovereign, who has been ever tender of
their rights, and whose person, crown, and dignity, we are under
every possible obligation to defend and support."* The gover
nor, maintained in the most explicit manner, the supremacy of
parliament over the colonies, agreeably to the principles of the
declaratory act ; and his speech was a challenge to the assembly,
on the great question, between the two countries.
This drew answers from the council and house, in vindication
of the proceedings of the towns, and of the rights of the colonies,
and of Massachusetts in particular ; to these the governor repli
ed, and to this reply both the council and house rejoined. These
state papers, as they may be justly called, were drawn with no
ordinary abilities on both sides. The governor was a gentleman
of talents, as well as research, and no one was better acquainted
with the history of the province over which he presided. The
answers of the council and house were prepared by committees
composed of men of the first talents, in the assembly. They
evinced not only a thorough knowledge of the rights of the colo
nists generally, but of their own provincial history, and the various
controversies, that had subsisted between the parent country, and
the people of Massachusetts, from their first settlernent, as well
as the views entertained and expressed, at different times, by
their ancestors, on the subject of their rights.
These answers to the speeches of the governor, instead of
agreeing that parliament had a right to bind the colonies in all ca
ses whatsoever, clearly intimated that the legislative authority of
Great Britain could constitutionally bind them in no case what
ever. The answer ofthe house, after taking an extensive view
of the sense and practice of their ancestors on this subject, under
both charters, concludes by saying, " if there have been, any
late instances of a submission to acts of parliament, it has been,
in our opinion, rather from inconsideration, or a reluctance at the
idea of contending with the parent state, than from a conviction
* Massachusetts State papers, 338.

252 POLITICAL AND CIVIL HISTORY
or acknowledgment of the supreme legislative authority of parlia
ment."* The assembly was informed by the governor, during this ses
sion, that the king, had allowed the justices of the superior court,
in that province, salaries, independent of any provincial grant.
This information increased the indignation ofthe people of Mas
sachusetts, and on the 3d of March, the assembly declared, " that
the making the judges of the land independent of the grants of
the people, and altogether dependant on the crown, as they will
be, if, while they thus hold their commissions during pleasure, they
accept of salaries from the crown, is unconstitutional, and de
structive of that security, which every good member of civil soci
ety, has a just right to be assured of, under the due execution of
the laws ; and is directly the reverse of the constitution, and ap
pointment of judges in Great Britain."!
The proceedings of the inhabitants of Boston in November
1772, as well as the procedings of the assembly of Massachusetts,
in the winter following, were transmitted to Virginia, in March.
Open opposition to the measures of the British government in
relation to the colonies, had of late, been principally confined to
Massachusetts. The Bostonians, for two or three years past, had necessarily
been, brought in collision with the revenue officers, and the mili
tary force sent among them to enforce submission ; and the late
speech of governor Hutchinson on the subject of parliamentary
supremacy, unavoidably elicited from the general assembly
of that province, a full and explicit expression of their sentiments,
on this great question. The other colonists, however, had not
been idle or indifferent spectators of the scenes that had passed
in Massachusetts. The leading patriots of America, no doubt,
now began seriously to contemplate the mighty struggle, to which
* The Committee who drew the answers of the Council, were J. Bowdoin, H.
Gray, J. Otis, S. Hall, Mr. Dexter, Col. Ward, and Mr. Spooner.
TheXommittee of the House, were S. Adams, Mr. Cushing, Mr. Hancock, Maj.
Hawley,"Col. Bowers, Mr. Hobson, Maj. FosteiyMr. Phillips, Col. Thayer, and Mr
Deming. f Massachusetts State papers, p. 397.

OF THE UNITED STATES. 253
the present state of things must finally lead. The parent country
seemed determined not to relax, and the colonists were equally
determined, not to submit. ,
To remain long in their present state, seemed impossible ; and
in the event of an opposition by force, unity of action, as well as
sentiment, was all important. With a view to this, no doubt, the
house of burgesses in Virginia, on the 12th of March 1773, passed
the following resolutions.
" Whereas, the minds of his majesty's faithful subjects in this
colony have been much disturbed by various rumors and reports
of proceedings, tending to deprive them of their ancient, legal
and constitutional rights ; and whereas the affairs of this colony
are frequently connected with those of Great Britain, as well as
of the neighboring colonies, which renders a communication of
sentiments necessary : In order, therefore, to remove the uneasi
ness, and to quiet the minds of the people, as well as for the
other good purposes above mentioned."
" Be it resolved, that a standing committee of correspondence
and inquiry be appointed, to consist of eleven persons, to wit:
the honorable Peyton Randolph Esquire, Robert Carter Nicho
las, Richard Bland, Richard Henry Lee, Benjamin Harrison, Ed
mund Pendleton, Patrick Henry, Dudley Digges, Dabney Carr,
Archibald Cary, and Thomas Jefferson, Esquires, any six of whom
to be a committee, whose business it shall be to obtain the most
early and authentic intelligence of such acts and resolutions of
the British parliament, or. proceedings of administration, as may
relate to or affect the British colonies ; and to keep up and main
tain a correspondence and communication with our sister colo
nies, respecting these important considerations, and the result of
their proceedings from time to time, to lay before the house."
" Resolved, that it be an instruction to the said committee, that
they do, without delay, inform themselves particularly of the
principle and authority on which was constituted a court of in
quiry, said to Jiave been lately held in Rhode Island, with pow
er to transport persons accused of offences committed in Ameri
ca, to places beyond the seas to be tried."
Vol. I. 33

254 POLITICAL AND CIVIL HISTORY
" Resolved, that the speaker of this house do transmit to the
speakers of the different assemblies of the British colonies on
this continent, copies of the said resolutions, and desire that they
will lay them before their respective assemblies, and request them
to appoint some person or persons, of their respective bodies, to
communicate from time to time with the said committee."*
These resolutions were introduced by Dabney Carr, a young
lawyer of fine talents, but who, unfortunately for his country,
did not long survive.
The request of Virginia was complied with by the different
assemblies; and by this means,' a confidential communication
and interchange of opinions, was kept up between the colonies.
This overture, for mutual intercourse and correspondence, on
the part of Virginia, received the marked approbation of the
assembly of Massachusetts, which met on the last of May, and a
committee of fifteen was appointed, in pursuance of the re
quest. The house of representatives of Massachusetts, also, addressed
a letter to the speakers of the several houses of assemblies, in
which, after adverting to the existing controversy between Great
Britain and the colonies, they declared it to be " of the utmost
importance to the welfare of both, and particularly of the colo
nies, that the constitutional powers and rights of each, be en
quired into, delineated and fully ascertained ;" and they added,
that should the authority claimed by parliament, be fully suppor
ted by power or submitted to by the colonies, " there would be
an end to liberty in America ; and that the colonists would then
change the name oi freemen for that of slaves."]
The correspondence of these committees, if ever published,
will, probably, more fully develope the secret causes and springs
of many transactions now imperfectly known. In October, 1773,
the committee of Massachusetts, in a letter to those of the other
colonies, stated that the ministry, so far from radically redressing
American grievances, had not proposed the least relaxation ; and
* Burk's History of Virginia, pp. 372 and 373.
t Massachusetts State papers, p. 402.

OF THE UNITED STATES. 255
that their resolution to pursue their plan of arbitrary power, was
unaltered. They, therefore, suggested the importance of increas
ed vigilance, and that the colonies should " be united in their senti
ments of opposition necessary to be adopted ; and that, in which
ever of the colonies any infringements should be made on the
common rights of all, that colony should have the united efforts
of all, for its support."
The colonists, though unanimous in opposing the right of par
liament to tax them, without their consent ; found it more diffi
cult to fix the precise limits of parliamentary authority, in the ex
ercise of other acts of sovereignty over them. In the late con
test with governor Hutchinson, on the subject of parliamentary
supremacy, the assembly of Massachusetts had pushed their
claims farther, than many ofthe other colonists, were yet prepar
ed to go ; and some of them were, no doubt, not a little jealous,
that the people of that province, were not indisposed to become
completely independent ofthe parent country.
Probably aware of this, the Massachusetts committee, in the
letter just mentioned, call the attention of the other colonies to
this subject, in the language of caution, but firmness. " With re
gard to the extent oi rights which the colonies ought to insist
upon," they say, " it is a subject which requires the greatest atten
tion and deliberation. And this is a strong reason, why it should
claim the earliest consideration of every committee ; that we may
be prepared, when time and circumstances shall give to our claim,
the surest prospect of success."
" And when we consider, how one great event has hurried on
after another, such a time may come, sooner than we are aware."
" There are certain rights, which every colony has explicitly
asserted ; and we trust, they will never give up. In particular,
that they have the sole and unalienable right, to give and grant
their own money, and appropriate it, to such purposes, as they
judge proper, is justly deemed ofthe last importance. Whether
this right, so essential to our freedom and happiness, can remain
secure to us, while a right is claimed by the British parliament,
to make laws, which shall be binding upon us, in all cases what-

256 POLITICAL AND CIVIL HISTORY
ever, you will certainly consider, with great seriousness. It would
be debasing to us, after such a manly struggle for our rights, to
be contented with a mere temporary relief. We are far from de
siring, that the connection, between Great Britain and America
should be broken — ' Esto perpetua' is our ardent wish ; but upon
terms only of equal liberty. If we cannot establish an agreement
upon these terms, let us leave it to another and a wiser genera
tion. But it may be worthy of consideration, whether the work
is not more likely to be well done, at a time when the ideas of li
berty and its importance are strong in men's minds. There is
danger, that these ideas will grow faint and languid. Our pos
terity may be accustomed to bear the yoke ; and being inured to
servility, they may bow their shoulders to the burden. It can
never be expected, that a people, however numerous, will form
and execute a wise plan to perpetuate their liberties, when they
have lost the spirit and feeling of it."
" We cannot close," they add, " without mentioning a fresh
instance of the temper and design of the British ministry, in al
lowing the East India company, with a view of conciliating them,
to ship their teas to America. It is easy to see, how aptly this
scheme will serve, both to destroy the trade ofthe colonies and
increase the revenue. How necessary, then, it is, that each colo
ny should take effectual methods, to prevent this measure, from
having its designed effects."* The appointment of Lord Dart
mouth, in the room of Lord Hillsborough, secretary of state, for
the American department, supposed to be more favorable to the
colonies, revived the hopes ofthe colonists, for a reconciliation, on
terms compatible with their rights.
Animated with these hopes, in June 1 773, both houses of the
Massachusetts assembly, addressed a letter to the new secretary,
in which, they declare, they should " rejoice at the restoration of
the harmony and good will, that once subsisted, between the pa
rent state and them."
This happiness, however, they should expect in vain, they ob
served, during the continuance of their grievances, and while
* Bradford, vol. 1, pp. 278, 279, and 280.

OF THE UNITED STATES. 257
tbeir charter rights, one after another, were wrested from them.
"If your lordship should condescend to ask," they say, "what
are the measures of restoring the harmony so much desired, we
should answer, in a word, that we are humbly of opinion, if things
were brought to the general state, in which they stood, at the con
clusion of the late war, it would restore the happy harmony, which,
at that time, subsisted." And, in conclusion, they most earnestly
request his lordship's influence, in bringing about this happy
event.* But to retrace their steps, was too humiliating to the
pride of the British cabinet and nation. A change of men, did
not produce a change of principles, or any permanent change of
measures. The hostility of the people of Massachusetts was increased,
about this time, against Mr. Hutchinson and Mr. Oliver, by the
discovery and publication of certain letters, which these gentle
men had sent to England, in the years 1 768 and 1769, on the sub
ject of American affairs.
These letters, addressed to Thomas Whately, a member
of parliament and one of the joint secretaries of the treas
ury, were calculated to prejudice the ministry and parliament,
against the people of Massachusetts, and to widen the breach
between the two countries. They recommended coercive meas
ures as absolutely necessary, to reduce the colonists, particularly
those of Massachusetts, to order and obedience.
In one of January, 1769, Mr. Hutchinson says, " I never think
of the measures necessary for the peace and good order of the
colonies without pain. There must be an abridgement, of what
are called English liberties." Mr. Oliver recommends a total al
teration, in the mode of choosing the members of the council, in
Massachusetts. These letters were sent to Mr. Thomas Cushing,
speaker of the house of representatives, by Dr. Franklin, then
agent of the colony, in England. They came into his hands in
the following manner : Dr. Franklin, in conversation with a cer-
* The Committee who prepared this letter, were J. Bowdoin, and J. Winthrop of the
Council, and S. Adams, T. Cushing, and R. T. Paine, ofthe House. Note 14.

258 POLITICAL AND. CIVIL HISTORY
tain gentleman, complained ofthe conduct ofthe administration
towards the colonies, and particularly in sending a military force
to Massachusetts. This gentleman informed him, that the min
isters were not, solely to blame, that their conduct, had been in
fluenced, and perhaps governed, by information obtained from
individuals of high standing in America ; and referred to letters
of Mr. Hutchinson, Mr. Oliver, and others.
These letters were shown to Dr. Franklin, and he requested
copies, to send to America. This, however, was refused by the
gentleman, but his consent was at last obtained, that the origin
als might be transmitted confidentially, to be shown to few per
sons only, and on the express condition, that no copies be taken.
Dr. Franklin transmitted them, to Mr. Cushing, on these express
conditions.* They soon became a subject of conversation and inquiry ; and
on the 2d of June, 1773, Samuel Adams, informed the house of
representatives, (the galleries having been previously cleared,)
" that the minds of the people were much agitated, by a report,
that letters of an extraordinary nature, had been written, and
sent to England, greatly to the prejudice of this province : that
he had obtained certain letters, with different signatures, with the
consent of the gentleman, from whom he received them, that
they should be read in the house, under certain restrictions, that
they be neither printed or copied, in whole or in part."t
The house ordered the letters to be read, and after taking the
same, into consideration, declared that the design and tendency
of them was, to overthrow the constitution of that government,
and to introduce arbitrary power into the province. A commit
tee was then appointed, to consider what was proper to be done
in reference to them.
The contents of these letters were considered too interesting
and important to be withheld from the public ; and the house di
rected them to be published, on the pretence, that as copies

'Franklin's Works, vol. 1, p. 234.
f Massachusetts State papers, p. 402.

OF THE UNITED STATES. 259
had, in some way, got into circulation, the consent of the per
son, from whom the originals were received, had been obtained,
for that purpose.
The governor was not able to deny his signature, but inform
ed the house that they were private, confidential letters, and
that their tendency and design was not to subvert, but preserve
the constitution entire. The house, however, declared, " that they
contained aggravated accounts of facts, and misrepresentations ;
and that their manifest design was to present the matters they
treat of, in a light, highly injurious to the province, and the per
sons against whom they were written."*
The contents of these letters so exasperated the members of
the house, that they presented a petition to the king, for the re
moval of governor Hutchinson and lieutenant governor Oliver
forever from their places. They stated in their petition, that
the conduct of these officers had tended to interrupted and alien
ate the affections of his majesty from that province ; to destroy
the harmony and good will between the two countries, to defeat
the exertions of their agents, to prevent their petitions from reach
ing the royal ear ; and that they had been instruments in intro
ducing fleets and armies into the province.
This petition was sent to their agent, Dr. Franklin, and on a
hearing ofthe same, before the privy council, it was declared by
the lords of the committee and by the council, that the petition
was founded upon resolutions, formed on false and erroneous al
legations ; was groundless, vexatious, and scandalous ; and cal
culated, only for the seditious purposes of keeping up a spirit of
alarm and discontent in the province, and that nothing had ap
peared, in any manner or degree, to impeach the honor, integri
ty or conduct of the governor or lieutenant governor ; and that
the petition be dismissed.
The views and conduct of these gentlemen were too much in
accordance with those ofthe administration ; and the plans adopt
ed by the ministry, in relation to the colonies, and particularly
* Massachusetts State papers, p. 405.

260 POLITICAL AND CIVIL HISTORY.
Massachusetts, had been too strongly recommended and support
ed by them, to meet with the royal censure.
If the letters of the governor, transmitted by Dr. Franklin, did
not prove the allegations in the petition, those he afterwards
wrote to the ministry and others, at various times, from 1 770, to
the close of 1773, substantiated them, beyond all doubt. His let
ter book was accidentally found in the spring of 1775, at his
house in Milton, in an old trunk, among some useless papers ;
and copies of some of the letters were taken, and published in the
newspapers of the day.* They clearly evinced not only his enmi
ty to the charter government of Massachusetts, but his decided
hostility to the claims and rights of the colonies in general. By
these it appears, that in 1770, the ministry, (no doubt, at his sug
gestion, or that of Mr. Oliver,) contemplated an immediate
change in the government of Massachusetts, particularly in the
choice of councillors ; and that Mr. Hutchinson was consulted
on the subject. In his letter to Lord Hillsborough, of October,
1770, he says, " I shall now cover the list of councillors, which
I could not compleat, before I was obliged to close my letter of
the 9th. I beg leave further to suggest to your lordship, that if
it should be thought expedient, not to proceed to a final determi
nation, this session, but to give opportunity for the province to be
heard, a bill for vacating and disannulling the charter in all its
parts, and leaving it to the king to settle the government by
royal commission, might be more proper, than to settle the
government in the bill, which may be taken up, when the ob
jections to the bill shall come to be considered. Besides, the un
fitness of the present constitution for so large a colony, so re
mote from the kingdom, and the conduct of the assembly, for so
many years past, particularly, that when the governor had nega
tived any councillors, they have always neglected, and often re
fused to choose others in their stead ; and the doctrines held forth,
the last and present year concerning the prerogative, by the
council and house, seem to be sufficient to ground such a bill
* Gordon, vol. 1, p. 341.

OF THE UNITED STATES. 261
upon."* In a letter of June 30th, 1772, referring to the destruc
tion of the Gaspee, in Rhode Island, he observes, " I hope if
there should be another like attempt, some concerned in it, may
be taken prisoners and carried directly to England. A few pun
ished at execution dock, would be the only effectual .preventative
of any further attempts. If it is passed over," he says in anoth
er letter on the same subject, " without a full inquiry, and due re
sentment, our liberty people will think they may, with impunity,
commit any acts of violence, be they ever so atrocious, and the
friends to government will despond and give up all hopes of being
able to withstand the faction. The persons, who were .the im
mediate actors are men of estate and property in the colony. If
ever the government of that colony," he adds, " is to .be reform
ed, this seems to be the time, and it would have a happy effect,
in the colonies which adjoin it."t
On the subject of securing and maintaining the supremacy, of
parliament in the colonies, in a letter of August, 1772, he sug
gests, whether any thing less could be done by parliament, " than
by affixing penalties and disqualifications, or incapacities upon
all, who, by word or writing, shall' deny the supreme authority, of
parliament over all parts of the British dominions ;" and " may
not," he asks, " the oaths of all jurors, grand and petit, be so
framed, as to include acts of parliament as the rule of law, as
well as law in general terms ? and for assemblies pr bodies
of men, who shall deny the authority of parliament, may not
all their subsequent proceedings be declared to be ipso facto,
null and void, and every member who shall continue to act
in such assembly, be subject to penalties and incapacities ? I
suggest these things," he subjoins, " for consideration. Every
thing depends upon the settlement of this grand point. We owe
much of our troubles to the countenance given by some in Eng
land, to this doctrine of independence. If the people were con
vinced, that the nation with one voice, condemned the doctrine,
or that parliament, at all events, was determined to maintain its
* Almon's Remembrancer, for 1776, part I, p. 158.
t Almon,for 1776, part II, p. 60.
Vol. I. 34

262 POLITICAL AND CIVIL HISTORY
supremacy , we should soon be quiet. The demagogues, who gene
rally have no property, would continue their endeavors to influ
ence the minds of the people, for some time, but the inhabitants,
in general, have real estates, which they would not run the haz
ard of forfeiting by any treasonable measures."*
These few extracts serve to show, not only the truth of the
charges, brought by the Massachusetts assembly, against govern
or Hutchinson, but also, the false representations he either ignor
antly or wilfully made to the British ministry, as to the extent and
character, of the opposition in America.
From, these and other representations, equally false and erro
neous, the ministry were led to believe, though in the face of the
almost unanimous representations of all the colonial assemblies,
that opposition to their measures, in America, was confined to a
comparatively few " demagogues without property ;" and that
unanimity and resolution in Great Britain, would soon make all
things " quiet" in the colonies.
During these transactions in America, the British ministry
were devising a plan for introducing tea into the colonies.
Though the duty on this article had been retained, yet the deter
mination of the colonists, not to submit to the payment of it,
had been so rigidly adhered to, that very little tea 'had been
brought from Great Britain. Large quantities, however, had
been smuggled into America, from Holland and other parts of
Europe. In consequence of this, the teas of the East India
company had accumulated in their warehouses ; and from this,
aiid other causes, the affairs of that company were embarrass
ed, and became the subject of parliamentary inquiry.
The minister, in May, 1773, procured an act of parliament,
permitting the company to export their teas to America, with a
drawback of all the duties paid in England. This it was sup
posed, would in some measure relieve the company, and at the
same time, by rendering the article cheaper in the colonies than
in Great Britain, induce the Americans to pay the small duty up
on it. * Almon, for 1776, part II, p. 59.

OF THE UNITED STATES. 263
In consequence of this act, the company shipped large quan
tities of tea, to different parts of the colonies, consigned to their
particular friends, or the friends of government, to be sold for
their benefit. The shipments were principally made, to Charles
ton, Philadelphia, New York, and Boston. The colonists at
once perceived, that if the tea was permitted to be landed, the
duty must be paid ; and that it would be difficult, if not impos
sible, to prevent its sale and consumption. They attended to
the suggestion contained in the letter of the Massachusetts com
mittee of correspondence, before noticed, and came to the reso
lution, that the tea should not be landed in the colonies. On its
arrival at Charleston, it was, indeed, landed and put into stores,
but the consignees were not permitted to offer it for sale. Such
was the determined opposition at Philadelphia and New York,
that the consignees at these places, declined taking charge of it,
and the vessels with the tea on board, returned to Great Britain,
without an entry at the custom house. The leading patriots at
Boston, had assured their friends at New York and Philadelphia,
lhat the cargoes destined for that part, should not be landed ;
but found great difficulties in the execution of their determina
tion. The consignees there, were either the relations or friends
of the governor, and would not resign their trust. Several town
meetings were held, and resolutions passed by the citizens, de
claring that the tea should not be landed, or the duty paid, but be
returned, in the same vessels, in which it came, without an entry ;
and they also declared they would support these resolutions, at
the risque of life and property : and they directed the captains of
the vessels not to land the same, but to apply for clearances,
without an entry of the vessels or cargoes. The collector, how
ever, refused a clearance, before an entry had been made, and
the governor gave orders to admiral Montague, then in the har
bor of Boston, to guard all the passes out ; and also directed the
commander of the castle, to suffer no vessel, except coasters, to
pass without a permit signed by himself. In the mean time, the
people of Boston, for many nights, kept a watch at the wharves,
to prevent the landing of the tea. In this situation, the leaders,

264 POLITICAL AND CIVIL HISTORY
came to the bold resolution of destroying the tea itself, in case
clearances for the vessels, with their cargoes, could not finally
be obtained. About the middle of December, many thousands
of the inhabitants of Boston and its vicinity again met and con
firmed their former resolutions, against the landing of the tea.
During this meeting, the captain of one of the vessels was sent,
for the last time, to the governor, then at his seat at Milton, to
request a passport.
The patriotic leaders were fully aware of the momentous con
sequences ofthe refusal ofthe governor : and which they already
anticipated. During the absence of the messenger, and while
th# people assembled on the occasion, were waiting his return
with extreme solicitude, Josiah Quincy, jr. reminded them ofthe
consequences ofthe contemplated proceedings of that day. "It
is not, said Mr. Quincy," with his usual energy and eloquence,
addressing himself to the moderator, "• the spirit that vapours
within these walls that must stand us instead. The exertions of
this day, will call forth events which will make a very different
spirit necessary for our salvation. Look to the end. Who
ever supposes, that shouts and hosannas will terminate the trials
of the day, entertains a childish fancy. We must be grossly ig
norant of the importance and value of the prize for which
we contend ; we must be equally ignorant ofthe powers of those
who have combined against us ; we must be blind to that mal
ice, inveteracy and insatiable revenge, which actuate our ene
mies, public and private, abroad and in our bosoms, to hope we
shall end this controversy, without the sharpest, sharpest conflicts;
to flatter ourselves, that popular resolves, popular harangues,
popular acclamations, and popular vapour, will vanquish our
fears. Let us consider the issue. Let us look to the end. Let
as weigh and consider, before we advance to those measures
which must bring on the most trying and terrible struggle this
country ever saw."*
When it was announced, that the governor refused the pass
port, the meeting was dissolved ; and immediately after, two or
* Memoirs of Quincy, pp. 266, 267.

OF THE UNITED STATES. 265
three different parties of men, previously selected, no doubt, some
of them dressed in the habit of indians, were seen running to
wards the wharves. There also the people repaired, and in
a short time the tea was emptied from its chests, into the waters
of the ocean, in the presence of thousands of spectators. This
being done, the people returned quietly to their dwellings.
The news of these transactions in America, soon reached
England, and on the 7th of March, 1774, the papers relating to
the same, were laid before parliament by the king. In his message
to the two houses, his majesty said that " upon information of
the unwarrantable practices, which had been carried on in North
America, and particularly of the violent and outrageous proceed
ings at the town and port of Boston, with a view to obstructing
the commerce of this kingdom, and upon grounds and pretences,
immediately subversive ofthe constitution thereof, he had thought
fit to lay the whole matter before his two houses of parliament ;
fully confiding, as well in their zeal for the maintainance of his
majesty's authority, as in their attachment to the common interest
and welfare of all his dominions, that they will not only enable
his majesty effectually to take such measures, as may be most
likely to put an immediate stop to the present disorders, but will,
also, take into their most serious consideration, what farther pro
visions may be necessary to be established, for securing the exe
cution of the laws, and the just dependence of the colonies upon
the crown and parliament of Great Britain."
Both houses in their answers assured his majesty, of their de
termination to make such provision as should secure the just de
pendence of the colonies, and due obedience to the laws,
throughout all his dominions. The resentment of the ministry,
was first directed against the town of Boston, and the colony of
Massachusetts. On the 14th of March, a bill was introduced
into the house of commons, interdicting all commercial inter
course with the town of Boston, and after the first of June fol
lowing, prohibiting the landing or shipping, any goods at that
port. This bill soon passed both houses, though not without op
position, and on the 31st of the same month, received the sane-

266 POLITICAL AND CIVIL HISTORY
tion of the king. The charter of the colony, so long the object
of ministerial hatred, was the next victim. Soon after the pas
sage of the Boston port bill, as it was called, the ministry pre
sented a bill " for the better regulating the government of the
province of Massachusetts bay." ' This bill, also, passed both
houses, by large majorities ; and on the 20th of May, became
a law by the assent of the king.
By this act, the people of Massachusetts were, without a hear
ing, deprived of some of the most important rights and privi
leges, secured to them, by their charter ; rights which they had
enjoyed from the first settlement of the colony. The members
of the council, heretofore, under the charter, chosen by the gene
ral assembly, were after the first of August, of that year, to be
chosen by the king, to consist of not more than thirty-six, nor less
than tweive ; and to hold their office during his pleasure. After
the first of July, the governor was authorized to appoint and re
move, without the consent ofthe council, all judges ofthe inferior
courts of common pleas, commissioners of oyer and terminer, the
attorney general, provosts, marshals, justices of the peace, and
other officers belonging to the council and courts of justice ; and
was also, empowered to appoint sheriffs, without the consent of
the council, but not to remove them without such consent.
The ministers did not confine themselves to these fundamental
alterations in the charter of that province, but materially altered
or totally repealed the laws relating to town meetings, and the
election of jurors ; laws which had been in existence from the
commencement of the government, and deemed a part of the
constitution ofthe colony.
The right of selecting jurors, by the inhabitants and freeheld-
ers of the several towns, was taken from them, and all jurors
were by this act to be summoned and returned by the sheriffs. No
part of this act, however, or indeed, of any other act or measure
ofthe British government, was more deeply felt, by every freehold
er in Massachusetts, and by every inhabitant of New England,
than that relating to town meetings. The people of New Eng
land, from the first settlement of the country, (with the short in-

OF THE UNITED STATES. 267
terval during the despotic reign of Sir Edmund Andrus,) had
been accustomed to meet in their respective towns, for purposes
the most interesting to them, not merely as men, and as citizens,
but as christians. Here they met, not only to make regulations
for the ordinary internal police of their little communities, but for
the great and important purposes of providing for the education
of their children, electing their representatives, and freely ex
pressing their sentiments on all subjects, in which they were in
terested, as members of the commonwealth; and what was of
infinitely more importance, here they also met, to confer togeth
er, on the interesting subjects of settling and maintaining their
clergy, and of supporting the great interests of religion.
The liberty of thus meeting, at pleasure, they considered as
their birth right, inherited from their fathers, and which they held
sacred. This act, however, deprived them of this privilege, de
claring that after the first of August, no town meeting should
be called by the selectmen, or at the request of any number of
freeholders, without leave of the governor, in writing, expressing
the special business of the meeting, except the annual meeting
in March or May, for , the choice of officers, or representatives,
or to fill vacancies occasioned by the death or removal of such
officers ; and that at such annual meetings, " no other matter
should be treated of," except the election of officers and repre
sentatives, or at any other meeting " except the business express
ed in the leave given by the governor."
These meetings had long been the dread of the British admin
istration, as the nurseries of rebellion and treason ; and they were
now resolved, to place them, under the control of the crown.
The preamble to this extraordinary part ofthe act, declares, " that
a great abuse had been made, of the power of calling such meet
ings, and that the inhabitants had, contrary to the design of their
institution, been misled to treat upon matters of the most general
concern, and to pass many dangerous and unwarrantable re
solves." The late proceedings of the towns in Massachusetts, re
lative to colonial arid parliamentary rights, were, no doubt, here
alluded to.

268 POLITICAL AND CIVIL HISTORY
To secure the due execution ofthe laws in the colonies, some
further provision was deemed necessary. A third law, there
fore, soon after passed, " for the impartial administration of jus
tice in the cases of persons questioned, for any acts done by them,
in the execution ofthe law, or for the suppression of riots and tu
mults, in the province of Massachusetts bay."
By this act, persons informed against, or indicted for any act
done, for the support of the laws of the revenue ; or for the sup
pression of riots in Massachusetts, might, by the governor, with
the advice ofthe council, be sent for trial, to any other colony, or
to Great Britain.
These bills, however, did not pass without opposition, in both ,
houses. Col. Barre, again addressed the ministry, on the last bill,
in his bold and energetic language. " You have changed your
ground. You are becoming the aggressors," he said , " and of
fering the last of human outrages to the people of America, by
subjecting them to military execution. Instead of sending them
the olive branch, you have sent the naked sword. By the olive
branch, I mean a repeal of all the late laws, fruitless to you and
oppressive to them. Ask their aid in a constitutional manner,
and they will give it to the utmost of their ability. They never
yet refused it, when properly required. Your journals bear the
recorded acknowledgments ofthe zeal with which they have con
tributed to the genera] necessities of the state. What madness
is it that prompts you to attempt obtaining that by force, which
you may more certainly procure by requisition. They may be
flattered into any thing, but they are too much like yourselves to
be driven. Have some indulgence for your own likeness ; respect
their sturdy English virtue ; retract your odious exertions of au
thority ; and remember, that the first step toward making them
contribute to your wants, is to reconcile them to your govern
ment." The people of Massachusetts, were gratified with the opinions
of some noble lords, in relation to the act altering their charter.
Lords Richmond, Rockingham, and others, dissented to it, " be
cause a definitive legal offense, by which a forfeiture ofthe charter

OF THE UNITED STATES. 269
is incurred, has not been clearly stated and fully proved, neither
has notice of this adverse proceeding been given to the parties
affected ; neither have they been heard in their own defense —
because all the judges are to be nominated, not by the crown,
but by the governor ; and all, except the judges of the superior
court, are to be removeable at his pleasure, and expressly without.
the consent of that very council, which is to be nominated by the
king ; the sheriff is made changeable by the governor and coun
cil, as often and for such purposes as they shall think expedient,
whereby the governor and council are intrusted with powers, with
which the British constitution has not trusted his majesty and
privy council, and have the means of returning such a jury in
each particular case, as may best suit with the gratification of
their passions and interests, so that the lives and properties of the
subjects are put into their hands without control."*
Towards the close ofthe session, a law was, also, passed, " ma
king more effectual provision for the government of the province
of Quebec, in North America." By this act, the bounds of that
province were extended to the river Ohio, with a view, no doubt,
to restrict the limits and claims of some of the other colonies ;
and greater privileges were granted to the Roman Catholics. A
legislative council was formed, for all the affairs of the province,
except taxation, to be appointed by the crown ; the French laws
were established, and trials without a jury, permitted in civil
cases. The ministry and parliament, as well as the people in Great
Britain in general, had little doubt, that these bold and decisive
measures, would soon reduce the colonists to obedience and sub
mission, and prevent all future disorders and disturbances in
America. Little, however, were they acquainted, with the real
character of the Americans.
To carry their plans into effect, general Gage was appointed
governor of Massachusetts, ; and he arrived there about the mid»
die of May, and took charge of the government of that colony,
* Gordon, vol. 1 .pp. 233, 234.
Vol. I. 35

270 POLITICAL AND CIVIL HISTORY
He was received by the inhabitants of Boston, with their usual
politeness. The port bill was received at the same time ; and a
meeting of the people of Boston was immediately held, to take
the same into consideration.
Instead of quietly submitting to this act of ministerial oppres
sion and tyranny, as their late governor had anticipated, they de
clared and resolved, among other things, " that the impolicy, in
justice, inhumanity, and cruelty of the act, exceed all their powers
of expression ; and therefore," they say, " we leave it, to the cen
sure of others, and appeal to God and the world."
They, also, declared it as their opinion, that, " if the other col
onies come into a joint resolution to stop all importation from,
and exportation to Great Britain, and every part of the West In
dies, till the act be repealed, the same would prove the salvation
of North America and her liberties." These resolutions, with
the act itself, were immediately circulated through the colonies ;
and the severe interdict against the inhabitants of Boston, excited
universal indignation throughout America.
To deprive a large sea port of its vast commerce, was at once
productive of infinite distress. The measure did not escape the
severest animadversions of the people of Massachusetts. "The
Boston port bill," says Mr. Quincy, in his celebrated observations
on the act, " condemns a whole town unheard, nay, uncited to
answer ; involves thousands in ruin and misery, without the sug
gestion of any crime by them committed ; and it is so constituted,
that enormous pains and penalties must ensue, notwithstanding
the most perfect obedience to its injunctions. The destruction
ofthe tea which took place without any illegal procedure ofthe
town, is the only alleged ground of consigning thousands of its in
habitants to ruin, misery, and despair. Those charged with the
most aggravated crimes are not punishable, till arraigned before
disinterested judges, heard in their own defense, and found guilty
of the charge. But here a whole people are accused, prosecu
ted by they know not whom, tried they know not when, proved
guilty they know not how, and sentenced to suffer inevitable ruin.
Their hard fate cannot be averted by the most servile submission,

OF THE UNITED STATES. 271
the most implicit obedience to this statute. The first intimation of
it was on the 1 Oth of May, and it took place on the first of June,
thence to continue in full force, till it shall sufficiently appear to
his majesty, that full satisfaction hath been made by, or in behalf
ofthe inhabitants of Boston, to the East India company, for the
damage sustained by the destruction of their tea ; and until it
shall be certified to his majesty, by the governor or lieutenant
governor of the province, that reasonable satisfaction has been
made to the officers of the revenue and others, for the riots and
insurrections mentioned in it. So short a space is given for stay
ing the toricnt of threatened evils, that the subject, though ex
erting his utmost energy, must be overwhelmed and driven to
madness by terms of deliverance, which deny relief till his ruin is
inevitable." The other colonists, having been equally opposed to the impor
tation and landing of the tea, did not hesitate, to make common
cause with the people of Massachusetts ; and in various ways ex
pressed their sympathies, for the sufferings of the inhabitants of
Boston. The house of burgesses in Virginia, being in session,
appointed the first of June, the day the port of Boston was to be
shut, as a day of" fasting, humiliation, and prayer, devoutly to
implore the divine interposition for averting the heavy calamity,
which threatened detraction to their civil rights, and the evils of
a civil war ; to give them one heart and one mind, to oppose, by
all just and proper means, every injury to American rights."
This resolution produced an immediate dissolution of that assem
bly. A great majority of the members, however, immediately
convened, and signed an agreement, in which they declared, that
the act shutting the port of Boston, was " a most dangerous at
tempt to destroy the constitutional liberty and rights of all North
America," and " that an attack made on one of their sister colo
nies, to compel submission to arbitrary taxes, was an attack made
on all British America, and threatens ruin to the rights of all, un
less the united wisdom ofthe whole be applied." The advanta
ges of committees of correspondence, was perceived on this occa
sion. While the patriotic Virginians signed this agreement, they

272 POLITICAL AND CIVIL HISTORY
at the same time recommended to their committee, to correspond
with the committees of the other colonies, on the expediency of
appointing representatives, from all the colonies, to meet annu
ally in a general congress, to deliberate on those measures, which
the united interests of America, might, from time to time, re
quire.* The assembly of Massachusetts, met on the last of May ; and
the new governor, after negativing thirteen of the councillors, ad
journed the assembly to meet at Salem, on the 7th of June.
Soon after their meeting at this place, the house of representa
tives, resolved, " that a meeting of committees from the several
colonies, on this continent, is highly expedient and necessary, to
consult upon the present state of the colonies, and the miseries to
which they are and must be reduced, by the operation of certain
acts of parliament, respecting America ; and to deliberate and
determine upon proper measures, to be by them recommended
to all the colonies, for the recovery and establishment of their
just rights and liberties, civil and religious, and the restoration of
that union and harmony, between Great Britain and the colonies,
most ardently desired by all good men."t The house immedi
ately appointed a committee of five,| to meet similar delegates
from the other colonies, at Philadelphia, or any other suitable
place, on the first ofthe succeeding September. The governor
having obtained information of what was doing in the house, sent
his secretary to dissolve the assembly ; but finding the doors clos
ed, he was obliged, to read his proclamation, on the steps leading
to the chamber, where the representatives, were convened for the
last time, under royal authority. The members did not disperse,
until they had finished their important business. By transfering the
provincial government from Boston to Salem, and by the proba
ble benefits, that town might receive from an addition to their
trade, the governor, no doubt, expected to propitiate the people
there, in favor of the royal government. The inhabitants of Sa-
* Gordon, vol. 1, p. 239, and Bulk's History of Virginia, vol. 3, pp. 379, 380. Note 15.
t Holmes' Annals, vol. 2, p. 311.
X Thomas Cushing, Samuel Adams, R. T. Paine, James Bowdoin, and Jno. Adams.

OF THE UNITED STATES. 273
lem, however, nobly refused to receive the proffered boon, at the
expense of their brethren at Boston. On the 1 8th of June, the
day after the dissolution of the assembly, the people of that town
in an address to the governor, say, " we are most deeply afflicted
with a sense of our public calamities ; but the miseries that are
now rapidly hastening on our brethren in the capital of this pro
vince, greatly excite our commiseration, and we hope your excel
lency will use your endeavors to prevent a further accumulation
of evils, on that already sorely distressed people."
" By shutting up the port of Boston, some imagined that the
course of trade might be turned hither, and to our benefit ; but
nature, in the formation of our harbor, forbids our becoming
rivals in commerce, with that convenient mart ; and were if oth
erwise, we must be dead to every idea of justice, and lost to all
feelings of humanity, could we indulge one thought, to seize on
wealth, and raise our fortunes, on the ruin of our suffering neigh
bors."* The expediency, and even the necessity of another gen
eral congress, and a more intimate union of the colonies was per
ceived by all ; and in the course of the summer, delegates were
appointed, either by the regular assemblies, or by conventions
of the people, in all the colonies, except Georgia, to attend a
congress, to be held in Philadelphia, in September. The con
vention of Virginia, composed of deputies from all parts of the
colony, not only appointed some of her distinguished citizens, to
attend this congress, but entered into a number of resolutions,
and formed an association, in which they engaged, after the first
day of November, 1774, they would not import from Great Brit
ain, any goods whatever, (medicines excepted,) or from any oth
er place, any British manufactures, or any article, which should
have been brought into such place from Great Britain ; and that
if before the 10th of August, 1775, American grievances should
not be redressed, they would not, after that day, export tobacco
or any other article to that country. They, also, declared, that
they would not import, or purchase any slaves, imported after the
first of November, 1774. They, at the same time recommended
* This address was written by Col. Pickering.

274 POLITICAL AND CIVIL HISTORY
to all the inhabitants of the colony, to make liberal contributions
for the relief of their distressed fellow subjects at Boston.* The
governor of Pennsylvania, having refused to convene the assem
bly of that Province, a convention of deputies, from the various
counties, met at Philadelphia, in July. Thomas Willing was
ehairman, and Charles Thompson, secretary of this convention.
The members being satisfied, after they had convened, that the
assembly would be called, and appoint delegates to the proposed
congress, contented themselves with passing a number of res
olutions, and framing instructions to be given to such delegates.
These resolutions and instructions disclosed the views then enter
tained by the people of Pennsylvania, on the great questions
pending between Great Britain and the colonies, as well as the
terms, on which they were willing to settle the existing differ
ences. They declared, the idea of independence to be abhorrent
to their principles, and that they viewed the " unhappy differ
ences between Great Britain and the colonies, with the deepest
distress and anxiety of mind, as fruitless to her, grievous to them,
and destructive of the best interests of both." They, there
fore expressed their ardent desire, for a restoration of the ancient
harmony between them, on the principles ofthe constitution ; and
for the continuance of an interchange of good offices, without
the least infraction of their mutual rights. In their address to
the assembly, the members of this convention observed — " The
assumed parliamentary power of internal legislation, and the
power of regulating trade, as of late exercised, and designed to
be exercised, we are thoroughly convinced, will prove unfailing
and plentiful sources of dissentions to our mother country and
these colonies, unless some expedient can be adopted to render
her secure of receiving from us, every emolument that can in
justice and reason be expected, and us secure, in our hves, pro
perties, and an equitable share of commerce."
" Manfully revolving in our minds," they added, " the calamities
arising from these dissentions, that will, most probably, fall on
us, and our children, we will now lay before you, the particular
* Note 16.

OF THE UNITED STATES. 275
points we request you to procure, if possible, to be finally decid
ed, and the measures that appear to us the most likely to pro
duce such a desirable period of our distresses and dangers. We
therefore desire of you —
" First, That the deputies you appoint may be instructed by
you, strenuously to exert themselves, at the ensuing congress,
to obtain a renunciation on the part of Great Britain, of all
powers under the 35th of Henry VIII, chapter second— of all
powers of internal legislation, oi imposing taxes or duties inter
nal or external, and of regulating trade, except with respect to
any new articles of commerce, which the colonies may hereafter
raise, as silk, wine, &c, reserving a right to carry these from one
colony to another : a repeal of all statutes, for quartering troops
in the colonies, or subjecting them to any expense, on account of
such troops ; of all statutes imposing duties to be paid in the col
onies, that were passed at the accession of his present majesty,
or before his time, which ever period shall be judged most ad-
viseable ; of the statutes giving the courts of admiralty in the
colonies, greater power than courts of admiralty have in Eng
land ; of the statutes of 5th George II, chapter 22, and of 23d
of George II, chapter 29 ; of the statute for shutting up the
port of Boston, and of every other statute, particularly affect
ing the province of Massachusetts bay, passed the last session of
parliament." " In case of obtaining these terms, it is our opinion that it
will be reasonable for the colonies to engage their obedience to
the acts of parliament, commonly called the acts of navigation,
and to every other act of parliament declared to have force, at
this time, in the colonies, other than those above mentioned,
and to confirm such statutes by acts of the several assemblies.
It is also, our opinion, that taking example from our mother
country, in abolishing the k acts of wards and liveries, tenure in
capite, and by knights' service and purveyance,' it will be reasona
ble for the colonies to settle a certain annual revenue, on his ma
jesty, his heirs and successors, subject to the control of parliament,
and to satisfy all damages done to the East India company."

276 POLITICAL AND CIVIL HISTORY
" Secondly, If all the terms above mentioned, cannot be ob
tained, it is our opinion, that the measures adopted by the con
gress for our relief, should never be relinquished or intermitted,
until those relating to the troops, internal legislation, imposition
of taxes or duties hereafter — the 35th of Henry VIII ; the ex
tension of the courts of admiralty, the port of Boston, and the
province of Massachusetts bay, are obtained. Every modifica
tion or qualification of these points, in our judgment, should be
inadmissible. To obtain them, we think it may be prudent to
settle some revenue, as above mentioned, and to satisfy the East
India company."
" Thirdly, If neither of these plans should be agreed to, in
congress, but some other of a similar nature should be framed,
though on the terms of a revenue, and a satisfaction to the East
India company, we desire your deputies may be instructed to
concur with the other deputies in it ; and we will accede to, and
carry it into execution, as far as we can."
" Fourthly, As to the regulation of trade, we are of opinion,"
they said, "that by making some few amendments, the com
merce of the colonies, might be settled, on a firm establishment,
advantageous to Great Britain and them ; requiring and subject
to no future alterations, without mutual consent. We desire to
have this part considered by congress, as they may judge proper."
These instructions, with an able essay, which accompanied
them, were drawn , by John Dickinson, the celebrated author of
the Farmer's Letters.
Mr. Dickinson, as well as many other influential men, in Penn
sylvania and the other colonies, though firmly opposed to the
late claims of the parent country, were still extremely desirous
of a reconciliation on terms mutually advantageous, and con
sistent with their rights. Nor were they without apprehension,
that some of the most active and leading politicians in Massa
chusetts, might be willing immediately to push their opposition,
to an extreme, before a fair attempt at reconciliation had been
made. Such, and so long had been the conflicts, between the people
of Massachusetts and the administration, and so unjust and op-

OF THE UNITED STATES. 277
pressive did they consider the Boston port bill, and other acts m
direct violation of their rights, that some of the leading and in
telligent patriots in that colony, no doubt, were now perfectly
convinced, that force must decide the contest. They were wil
ling however, to yield to their friends in the trial of other meas
ures. John Adams, and Samuel Adams, were of this opinion.
In conversation together, immediately after their appointment to
the general congress, John Adams said, " I suppose we must go
to Philadelphia, and enter into non-importation, non-consump
tion, and non-exportation agreements ; but they will be of no
avail ; we shall have to resist by force."*
Mr. Quincy, in his well known " observations on the Boston
port bill," calls the attention of the suffering people of Massa
chusetts, to the same final issue of the controversy. " Yet be not
amused, my countrymen !" he says, " the extirpation of bondage
and the re-establishment of freedom, are not of easy acquisition,
The worst passions ofthe human heart, and the most subtle pro
jects of the human mind, are leagued against you, and principal
ities and powers have acceded to the combination. Trials and
conflicts you must therefore, endure ; hazards and jeopardies of
life and fortune, will attend the struggle. Such is the fate of all
noble exertions, for public liberty and happiness. Enter not the
list without thought and consideration, lest you arm with timidity^
and combat with irresolution. Having engaged in the conflict,
let nothing discourage your vigor, or repel your perseverance."!
It is not strange that few in the other colonies, were yet pre
pared to go the lengths with those in Massachusetts, who now
severely felt the iron hand of oppression. Mr. Dickinson, in a
letter to Mr. Quincy, of the 20th of June, after speaking of the
sympathies of the Pennsylvanians, for the suffering people of
Boston, observes — " doubt not that every thing bears a most fa
vorable aspect. Nothing can throw us into pernicious confusion,
but one colony's breaking the line of opposition, by advancing
* This declaration was made in the presence of John Trumbull, Esq. the celebrated-
author of McFingal, then in the office of Jno. Adams.
]¦ Memoirs of Mr. Quincy, p. 467.
Vol. I. 36

278 POLITICAL AND CIVIL HISTORY
too hastily before the rest. The one which dares to betray the
common cause, by rushing forward, contrary to the maxims of
discipline, established by common sense and the experience of
ages, will inevitably and utterly perish."
" Your sentiments," says Mr. Quincy, in his answer of the 20th
of August, " relative to that colony, which shall advance too
hastily before the rest, contrary to the maxims of discipline, &c,
are no doubt just." " Yet permit me, sir, to use a freedom,
which your partiality seems to invite, and observe that these max
ims of discipline, are not universally known, in this early period
of continental warfare, and are with great difficulty practised by
a people under the scourge of public oppression. When time
shall have taught wisdom, and past experience, have fixed bound
aries to the movements of a single colony, its intemperate and
over-hasty strides, will be more unpardonable. But if we should,
unfortunately, see one colony, under a treble pressure of public
oppression, rendered impatient by the refinements, delays, and
experiments of the Philadelphians ; of their less oppressed, and
therefore more deliberate brethren ; I say, if a colony thus in
sulted, galled from without, and vexed within, should seem to
advance, and break the line of opposition, ought it to incur, the
heavy censure of betraying the common cause ? Though not
to be justified, may not its fault, be considered venial."
" Believe me, dear sir, you know not all our patriotic trials, in
this province. Corruption (which delay gives time to operate) is
the destroying angel we have most to fear. Our enemies wish
for nothing so much, as our tampering with the fatal disease. I
fear much, that timid or luke-warm counsels, will be considered
by our congress as prudent and politic. Such counsels will inev
itably enslave us ; we subjugated, how rapid and certain the fall
of the rest."* While the people of Boston were suffering, from
the loss of their commerce, the act arrived which deprived all the
inhabitants of the province, of some of their dearest charter
rights. Before bringing to the view of the reader the proceedings
of the general congress, we shall briefly notice, some of the
* Memoirs of Quincy, pp. 171, 172.

OF THE UNITED STATES. 279
transactions of the people of Massachusetts, in the trying and
distressed situation in which they were placed. The act " for
the better regulating the government of the Massachusetts bay,"
the outlines of which we have before mentioned, was to take ef
fect on the first of August. To this act, however, the people de
termined never to submit. In many of the counties the citizens
assembled by their deputies, and expressed this their determina
tion; nor were' they deterred from doing this, by the threats of
the new governor, who in some instances, declared, " that if the
citizens assembled, he should order the sheriff to disperse them ;
and that if the sheriff needed support, he himself would support_
him with his troops."* The resolutions of the delegates of the
county of Suffolk, convened at Milton, on the 6th of September,
drawn by that distinguished patriot, Dr. JosephWarren, who after
wards, unfortunately for his country, fell at Bunker Hill, breath
ed a spirit of uncommon energy and firmness, and strongly mark
ed the feelings of the people of that county at that trying period.
" Whereas the power," they said, " but not the justice, the
vengeance, but not the wisdom, of Great Britain, which of old
persecuted, scourged and exiled our fugitive parents, from their
native shores, now pursues us their guiltless children, with unre
lenting severity ; and whereas, this, then savage and uncultivated
desert, was purchased by the toil and treasure, or acquired by
the valor and blood of those our venerable progenitors : to us
they bequeathed the dear-bought inheritance, to our care and
protection they consigned it ; and the most sacred obligations
are upon us, to transmit the glorious purchase, unfettered by
power, unclogged with shackles, to an innocent and beloved off
spring. On the fortitude, on the wisdom of this important day,"
they added, " is suspended the fate of this new world, and of un
born millions."
" If a boundless extent of continent, swarming with millions,
will tamely submit to live, move and have their being, at the ar
bitrary will of a licentious minister-, they basely yield to voluntary
slavery, and future generations shall load their memories with m-
* Bradford, vol. 1, pp. 345, 346.

280 POLITICAL AND CIVIL HISTORY
cessant execrations." With this preamble, a part of which is
only here given, and after referring to the late acts of parliament,
they declared and resolved, that no obedience was due from the
province to any part of these acts ; but " they be rejected as the
attempts of a wicked administration to enslave America." That
the judges who were appointed and held their places, by any
other tenure, than that which the charter and the laws ofthe pro
vince directed, were unconstitutional officers, and as such, no re
gard ought to be paid to them ; and that if they should presume
to sit and act, they would support and bear harmless all sheriffs,
constables, jurors and other officers, who should refuse to carry
their orders into execution. To prevent the inconveniences
which might be occasioned, by a suspension of the courts, they
earnestly recommended to creditors, a general forbearance to
their debtors ; and to debtors, to pay their just debts, with all
possible speed ; and in case of dispute, to submit the same to
arbitration. They declared, that the persons, who, by virtue of
the royal appointment, had accepted their seats, in the council,
had given great and just offense to the people ; and that those
who refused to resign, should be considered obstinate and incor
rigible enemies to their country. Nor were the members of this
meeting unmindful of the probable future state of the province.
They recommended that the best officers should be appointed in
the militia, that the inhabitants use their utmost diligence, to
acquaint themselves with the art of war, as soon as possible ; and
for that purpose, appear under arms, at least, once every week.
They at the same time declared, their determination, to act
merely on the defensive, so long as such conduct might be justi
fied, by reason and the principles of self-preservation, and no
longer. They proposed to their fellow citizens, that a provincial
congress be held at Concord, on the second Tuesday of Octo
ber, and recommended to all collectors of taxes, and all other
officers, having public monies in their hands, to retain the same,
until the government of the province should be placed on con
stitutional ground, or otherwise ordered, by the provincial con
gress.* * Bradford, vol. 1, pp. 339, to 343.

OF THE UNITED STATES. 281
Theserecommendations and proceedings of the inhabitants of
the county of Suffolk, were in accordance with the views and
feelings of the people of Massachusetts in general.
The royal councillors, were either obliged to resign or seek
protection in Boston.
The grand and petit jurors, when summoned to attend the
courts, under the hew order of things, refused to take the oaths
required, or to act. In some of the counties, the people would
not permit the courts to be held, by unconstitutional judges.
They assembled, on the days ofthe session of the courts in such
numbers, as to fill the avenues to the court houses, and when the
sheriffs commanded them to give place for the judges, they re
fused, declaring, " that they knew of no court, nor any other es
tablishment, independent ofthe ancient laws and usages of their
country, and to none other would they submit or give way on any
account."* * Gordon, vol. I, p. 259.

CHAPTER VIII.
Congress of the Colonies in September, 1774 — The conduct of Massachusetts ap
proved — A Committee appointed to state the rights of the Colonies — Their viola
tions and the means of redress — Suffolk resolutions approved — Declaration of
the rights of the Colonies — Non-importation, non- consumption, and non-expor
tation agreement — Address to the King — To the people of Great Britain — To the
inhabitants of the Colonies, and to the inhabitants of the Province of Quebec —
Galloway proposes a plan of reconciliation — This postponed — Congress is dissolv
ed in October — Proceedings of Congress approved by the Colonies— Lord Chat
ham's motion for the recall of the troops from Boston — His speech on this mo
tion — His conciliatory Bill — Rejected by a large majority — Parliament determines
to enforce obedience — Augments the Army and Navy — Restrains the trade and fish
eries ofthe Colonies — Indirect negociations with Dr. Franklin, as to terms of recon
ciliation — Lord North's conciliatoiy proposition — Its object — Disarming some of
the Colonies contemplated — Preparations for defense in the Colonies — Hostilities
commence in Massachusetts — Excite great alarm—Massachusetts Convention
raise troops and prepare an address to the people of Great Britain.
On the 5th of September, 1774, the second general congress,
since the peace of 1763, met at Philadelphia, where all the colo
nies were represented except Georgia. Peyton Randolph, one
of the delegates from Virginia, was elected president, and Charles
Thompson, a citizen of Philadelphia, was chosen secretary.
The delegates from Massachusetts, were empowered " to de
liberate and determine upon wise and proper measures, to be by
them recommended to all the colonies, for the recovery and re-
establishment of their just rights and liberties, civil and religious,
and the restoration of union and harmony, so ardently desired by
all good men."
The general instructions given to the delegates of Pennsylva
nia, directed them to meet in congress, " to consult together upon
the present unhappy state ofthe colonies, and to form and adopt
a plan for purposes of obtaining redress of American grievances,
ascertaining American rights, upon the most solid and constitu
tional principles, and for establishing that union and harmony,
which is indispensably necessary to the welfare and happiness of

POLITICAL AND CIVIL HISTORY, &c. 283
both." The Virginia delegates were, " to consider of the most
proper and effectual manner of so operating, on the commercial
connection of the colonies with the mother country, as to procure
redress, for the much injured province of Massachusetts Bay, to
secure British America, from the ravage and ruin of arbitrary tax
es, and speedily, to procure the return of that harmony and union,
so beneficial to the whole empire, and so ardently desired by aH
British America."
One of the rules adopted .by this congress, for the regulation of
their proceedings, was, that " as congress were not then posses
sed of, or able to procure proper materials for ascertaining the
importance of each colony, each colony or province should have
one vote, in determining questions."
They, also, resolved, to sit with closed doors, and that every
member consider himself under the strongest obligations of hon
or, to keep the proceedings secret, until a majority directed
them to be made public.
One of the first acts of this body, was the appointment of a
committee, consisting of two from each colony, to state the rights
oi the colonies in general, the several instances, in which those
rights had been violated, and the means most proper to be pur
sued for obtaining a restoration of them.
Congress, at first, contemplated extending their enquiries, re
lative to the violation of American rights, to the several statutes,
affecting " the trade and manufactures of the colonies ;" and for
this purpose, a committee of one from each colony was ap
pointed. A majority, however, afterwards determined to confine them
selves, to the consideration of such rights, as had been infringed,
by acts of parliament, since the year 1763. While these import
ant subjects were before committees, the resolutions of the dele
gates ofthe county of Suffolk, to which we have before alluded,
were laid before congress ; and, thereupon, the following resolution
was unanimously adopted, " that this assembly deeply feels the
sufferings of their countrymen in the Massachusetts Bay, under
the operation of the late unjust, cruel, and oppressive acts of the

284 POLITICAL AND CIVIL HISTORY
British parliament — that they most thoroughly approve the wis
dom and fortitude, with which opposition to these wicked minis
terial measures, has hitherto been conducted, and they earnestly
recommend to their brethren, a perseverance in the same firm
and temperate conduct, as expressed in the resolutions, trusting
that the effect of the united efforts of North America, in their be
half, will carry such conviction to the British nation, of the un
wise, unjust, and ruinous policy of the present administration, as
quickly to introduce better men, and wiser measures."
They, also, recommended, the continuance of contributions for
the relief of the sufferers at Boston.
During the session of this congress, a constant communication
was kept up, by means of expresses, between Boston and Philadel
phia. Informed by a letter from the committee of correspond
ence, of the conduct of general Gage, in raising fortifications
round Boston, and in preventing a free communication with that
town, congress not only addressed a letter to the general, request
ing him to discontinue such fortifications, but, also, passed a re
solution, approving of the opposition of the inhabitants of Mas
sachusetts, to the execution of the late acts of parliament, and
declaring that, " if the same shall be attempted to be carried into
execution by force, in such case, all America ought to support
them, in their opposition." They still, however, recommended
to the people of that province, " to conduct themselves peacea
bly towards his excellency general Gage, and his majesty's troops
stationed at Boston, as far as could possibly be consistent with
their immediate safety and the security of the town ; avoiding
and discountenancing every violation of his majesty's property,
or any insult to his troops, and that they peaceably and firmly
persevere in the line they were then conducting themselves, on
the defensive." They at the same time, unanimously declared,
that every person, who should take, accept, or act under, any com
mission or authority, in any wise derived, from the act changing
the form of government, and violating the charter of Massachu
setts, " ought, to be held in abhorrence, by all good men, and con
sidered, as the wicked tools of that despotism, which was prepar-

OF THE UNITED STATES. 285
ing to destroy those rights, which God, nature, and compact,
have given to America."
This unequivocal approbation of their conduct, by the united
voice of America, was highly gratifying to the suffering people of
Massachusetts. To ascertain and state the rights of the colonies, as well as the
variotis instances in which they had been violated, was a task
much less difficult, than to provide the means of obtaining a re
storation of them.
On the 1 4th of October, the members of this congress, with
unexampled unanimity, declared ; " That the inhabitants of the
English colonies- in North America, by the immutable laws of
nature, the principles of the English constitution, and the several
charters or compacts, have the following rights.
1. " That they are entitled to life, liberty, and property ; and
they have never ceded to any foreign power whatever, a right
to dispose of either, without their consent."
2. " That our ancestors, who first settled these colonies, were,
at the time of their emigration from the mother country, entitled
to all the rights, liberties, and immunities of free and natural born
subjects, within the realm of England."
3. " That by such emigration, they by no means forfeited,
surrendered,- or lost, any of those rights, but that they were, and
their descendants now are, entitled to the exercise and enjoyment
of all such of them, as their local and other circumstances, enable
them to exercise and enjoy."
4. " That the foundation of English liberty, and of all free gov
ernments, is a right in the people to participate in their legisla
tive council: and, as the English colonists are not represented,
and from their local and other circumstances, cannot properly,
be represented in the British parliament, they are entitled to a
free and exclusive power of legislation, in their several provincial
legislatures, where their right of representation can alone be pre
served, in all cases of taxation and internal policy, subject only
to the negative of their sovereign, in such manner as has been
heretofore used and accustomed. But from the necessity oi the
Vol. I. 37

286 POLITICAL AND CIVIL HISTORY
case, and a regard to the mutual interest of both countries, we
cheerfully consent, to the operation of such acts of the British
parliament, as are, bona fide, restrained, to the regulation of our
external commerce, for the purpose of securing the commercial
advantages of the whole empire, to the mother country, and the
commercial benefits of its respective members ; excluding every
idea of taxation internal or external, for raising a revenue, on the
subjects in America, without their consent."
5. " That the respective colonies, are entitled to the common
law of England, and more especially, to the great and inestima
ble privilege, of being tried by their peers of the vicinity, accord
ing to the course of that law."
6. " That they are entitled, to the benefit of such ofthe Eng
lish statutes, as existed at the time of their colonization ; and
which they have, by experience, respectively found, to be appli
cable to their several local and other circumstances."
7. " That these, his majesty's colonies, are likewise entitled to .
all the immunities artd privileges granted and confirmed to them,
by royal charters, or secured, by their several codes of provincial
laws." 8. " That they have a right peaceably to assemble, consider of
their grievances, and petition the king ; and that all prosecutions,
prohibitory proclamations and commitments for the. same, are il
legal." 9. " That the keeping a standing army in these colonies,- in
times of peace, without the consent ofthe legislature of that colo
ny, in which such army is kept, is against law."
10. "It is indispensably necessary to good government, and
rendered essential by the English constitution, that the constitu
ent branches of the legislature, be independent of each other ;
that, therefore, the exercise of legislative power, in several colo
nies, by a council appointed during pleasure, by the crown, is un
constitutional, dangerous, and destructive to the freedom of
American legislation."
" All and each of which the aforesaid deputies, in behalf of
themselves, and their constituents, do claim, demand, and insist

OF THE UNITED STATES. 287
on, as their indubitable rights and liberties ; which cannot be le
gally taken from them, altered or abridged by any power what
ever, without their consent, by their representatives in their sev
eral provincial legislatures."
" In the course of our enquiry," they proceed to say, " we find
many infringements and violations of the foregoing rights, which,
from an ardent desire, that harmony and mutual intercourse of af
fection and interest may be restored, we pass over for the present,
and proceed to state such acts and measures as have been adopt
ed since the last war; which demonstrate a system formed to en
slave America."
" Resolved, that the following acts of parliament, are infringe
ments and violations of the rights of the colonists ; and that the
repeal of them is essentially necessary, in order to restore har
mony between Great Britain and the American colonies, viz. the
several acts of 4 Geo. Ill, ch. 15 and 34 — 5 Geo. Ill, ch. 25 — 6
Geo. Ill, ch. 52—7 Geo. Ill, ch. 41, and ch. 46—8 Geo. Ill, ch.
22, which impose duties for the purpose of raising a revenue in
America, extend the power of the admiralty courts beyond their
ancient limits, deprive the American subject of trial by jury, au
thorize the judge's certificate to indemnify the prosecutor from
damages that he might otherwise be liable to, requiring oppres
sive security from a claimant of ships and goods seized, before he
shall be allowed to defend his property, and are subversive of
American rights."
" Also, 12 .Geo. Ill, ch. 24, entitled 'an act for the better secur
ing his majesty's dock yards, magazines, ships, ammunition, and
stores,' which declares a new offense in America, and deprives
the American subject of a constitutional trial by jury of the vicin
age, by authorizing the trial of any person, charged with the
committing any offense described in the said act, out ofthe realm,
to be indicted and tried for the* same in any shire or county with
in the realm."
" Also, the three acts passed in the last session of parliament,
for stopping the port and blocking up the harbor of Boston, for
altering- the charter and government of Massachusetts Bay, and

288 POLITICAL AND CIVIL HISTORY
that which is entitled, ' an act for the better administration of jus
tice, &c.' "
" Also, the act passed in the same session for establishing the
Roman Catholic religion, in the province of Quebec, abolishing
the equitable system of English laws, and erecting a tyranny there,
to the grea-t danger, (from so total a dissimilarity of religion, law,
and government,) of the neighboring British colonies, by the as
sistance of whose blood and treasure, the said country was con
quered from France."
" Also, the act passed in the same session, for the better pro
viding suitable quarters for officers and soldiers in his majesty's
service, in North America."
" Also, that the keeping a standing army in several of these
colonies, in time of peace, without the consent of the legislature
of that colony, in which such army is kept, is against law."
" To these grievous acts and measures, Americans cannot sub
mit ; but in hopes their fellow subjects in Great Britain, will on
a revision of them, restore us to that state, in which both coun
tries found happiness and prosperity, we have for the present, on
ly resolved to pursue the following peaceable measures : 1 . To
enter into a non-importation association. 2. To prepare an ad
dress to the people of Great Britain, and a memorial to the inhab
itants of British America : and 3. To prepare a loyal address to
his majesty, agreeably to resolutions already entered into."*
The articles relating to American rights, received the unani
mous assent of congress, with the exception of the fourth.
This article produced no little debate, and on the last clause of
it, perfect unanimity did not prevail. The delegates from Mas
sachusetts, it is believed, or at least some of them, had been too
much engaged in the controversy with governor Hutchinson, on
the great question of parliamentary power, to agree to this quali
fying clause. This contest, had led them to a thorough ex
amination ofthe subject ; and they were, no doubt, satisfied, that
it was difficult if not impossible, to draw a satisfactory line, be
tween aduty laid, for the regulation of commerce, and for revenue.
* Journals of Congress, vol. 1, pp. 28, 29, and 30.

OF THE UNITED STATES.' 289
And the great commercial interest of Massachusetts, would natur
ally bring that colony more in collision with the parent country,
on this subject, than any other of the colonies.
Having resolved to stop all commercial intercourse with the pa
rent country, as the best means of obtaining a restoration of their
violated rights, an agreement for this purpose was prepared and
signed by all the members of this congress. By this, they, for
themselves and their constituents, agreed and associated " under
the sacred ties of virtue, honor, and love of their country," not to
import, after the first of December 1774, from Great Britain or
Ireland, any goods whatever, or from any other place, any such
goods as should have been imported from Great Britain or Ire
land ; nor any East India tea, from any part of the world, or any
molasses, syrups, coffee, or pimento, from the British plantations,
or from Dominica, nor wines from Madeira, or the Western Isl
ands, nor foreign indigo. That they would not import, or pur
chase any slave imported, after the same time, nor after that pe
riod, be concerned in the slave trade.
They also, agreed, from the date of the association, not to con
sume any tea imported, on account of the East India company
or any, on which a duty had been, or should be paid, nor any
goods, agreed not to be imported.
In case the acts complained of,' should not be repealed by the
10th day of September 1775, they agreed not to export to Great
Britain, Ireland, or the West Indies, any commodities or mer
chandise whatever, except rice to Europe.
They at the same time, agreed to encourage frugality, econo
my, and industry, and to promote agriculture, arts, and manufac
tures of this country, especially wool. Committees were to be
appointed in every county, city, or town, to see that the agree
ment was observed ; and the names of the violaters of it, were to
be published, in the gazettes, as' enemies to the rights of America,
and in that case no dealings were to be had with them.
The following is the conclusion of this celebrated association :
" And we do solemnly bind ourselves and our constituents, under
the ties aforesaid, to adhere to this association, until such parts

290 POLITICAL AND CIVIL HISTORY
of the several acts of parliament, passed since the close of the
last war, as impose or continue duties on tea, wine, molasses,
syrups, coffee, sugar, pimento, indigo, foreign paper, glass, and
painter's colors, imported into America, and extend the powers
of the admiralty courts beyond their ancient limits, deprive the
American subject of trial by jury, authorize the judge's certifi
cate to indemnify the prosecutor from damages, that he might.
otherwise be liable to, from a trial by his peers, require oppressive
security from a claimant of ships or goods, seized, before he shall
be allowed to defend his property, be repealed : and until that
part of the act of the 12th George III, chapter 24, entitled, ' an
act for the better securing his majesty's dock yards, magazines,
ships, ammunition, and stores,' by which any person charged
with committing any ofthe offenses therein described in America,
may be tried in any shire or county within the realm, is repealed;
and until the four acts passed the lasst session of parliament, viz.
that for stopping the port and blocking up the harbor of Boston ;
that for altering the charter and government of Massachusetts
bay ; and that which is entitled, ' an act for the better adminis
tration of justice, &c.,' and that ' for extending the limits of Que
bec, &c.,' are repealed. And we recommend it to the provincial
conventions, and to the committees in the respective colonies, to
establish such farther regulations, as they may think proper, for
carrying into execution this association."
The gentlemen selected from the several colonies for this me
morable congress, were no less distinguished for their talents, than
their patriotism. They were not only acquainted with their rights
but knew how to assert and maintain them.
Their addresses to the king, to the people of Great Britain, to
the inhabitants of the colonies they represented, and to the in
habitants of the province of Quebec, can never be read without
being admired, not merely for the firmness, with which the rights
of their country were maintained, but for unexampled elevation
and dignity of sentiment, as well as energy and elegance of dic
tion. These state papers were drawn with an ability, which
evinced the high standing of the members of that august assem-

OF THE UNITED STATES. 291
bly, as scholars, as well as statesmen. Lord Chatham declared,
that though he had studied and admired the free states of anti
quity, the master spirits of the world, " yet for solidity of rea
soning, force of sagacity and wisdom of conclusion, no body of
men could stand in preference to this congress."*
Nor when perusing these state papers can any one fail to re
gret, that they are not accompanied with the speeches delivered
on that occasion, by such distinguished statesmen and orators as
John Adams, John Jay, Richard Henry Lee, Patrick Henry, John
Dickinson, Samuel Chase, John Rutledge, and many others of
that illustrious band of patriots,
In their address to the people of Great Britain,! after enume
rating the several acts of parliament* deemed violations of their
rights, they appeal, with peculiar force of language, to the gene
rosity, to the virtue, to the justice of the nation, for relief. They
not only remind the people of the parent country, of the im
mense benefits they had heretofore derived from a monopoly of
colonial commerce ; but call upon them to witness the loyalty
and attachment of the colonists to the common interest of the
empire. " Did we not," they ask, " in the last war, add all the
strength of this vast continent, to the force, which repelled our
common enemy ? Did we not leave our native shores and meet
disease and death, to promote the success of British arms in for
eign climates ? Did you not thank us for our zeal ; and even re-
* The celebrated author of McFingal, in his " Elegy on the tiroes;" published
when this congress was in session, refers to this body in the following lines :
" Now meet the fathers of this western clime,
Nor names more noble grac'd the rolls of fame,
When Spartan firmness brav'd the wrecks of time,
Or Rome's hold virtues fann'd the heroic flame.
" Not deeper thought th' immortal sage inspired,-
On Solon's lips when Grecian senates hung ;
Nor manlier eloquence the bosom fired
When genius thundered from the Athenian tongue."
t This was drawn by Mr. Jay.

292 POLITICAL AND CIVIL HISTORY
imburse us large sums of money, which you confessed we had
advanced beyond our proportion, and far beyond our ability ?"
After these appeals, they repel the charges brought against them.
" You have been told that we are seditious, impatient of govern
ment, and desirous of independency. Be assured," they said,
" that these are not facts, but calumnies. Permit us to be as free
as yourselves, and we shall ever esteem a union with you, to be
our greatest glory and our greatest happiness ; we shall ever be
ready, to contribute all in our power, to the welfare of the whole
empire ; we shall consider your enemies as our enemies, and your
interest as our own."
In conclusion, referring to the ministerial proceedings towards
the colonies, they say — " But if you are determined, that your
ministers shall wantonly sport with the rights of mankind — if nei
ther the voice of justice, the dictates ofthe law, the principles of
the constitution, or the suggestions of humanity, can restrain
your hands from shedding human blood, in such an impious
cause, we must then tell you, that we will never submit to be
hewe*s of wood or drawers of water, for any ministry or nation
in the world."
" Place us in the same situation that we were at the close of
the late war, and our former harmony will be restored."
" But lest the same supineness, and the same inattention to our
common interest, which you have for several years shown, should
continue, we think it necessary to anticipate the consequences."
" By the destruction of the trade of Boston, the ministry have
endeavored to induce submission to their measures. The like
fate may befall us all. We will endeavor, therefore, to live with
out trade, and recur for subsistence, to the fertility and bounty of
our native soil, which will afford us all the necessaries and some
of the conveniences of life. We have suspended our importa
tion from Great Britain and Ireland ; and in less than a year's
time, unless our grievances should be redressed, shall discon
tinue our exports to those kingdoms and the West Indies."
" It is with the utmost regret, however, that we find ourselves
compelled, by the over-ruling principles of self preservation, to

OF THE UNITED STATES. 293
adopt measures, detrimental in their consequences, to numbers of
our fellow subjects in Great Britain and Ireland. But we hope
the magnanimity and justice of the British nation will furnish a
parliament of such wisdom, independence and public spirit, as
may save the violated rights of the whole empire, from the de
vices of wicked ministers and evil counsellors, whether in or out
of office ; and thereby restore that harmony, friendship and fra
ternal affection, between all the inhabitants of his majesty's king
doms and territories, so ardently wished for, by every true and
honest American."*
The address to the king breathed a spirit of affection as well
as loyalty. Nor did it contain the language of hypocrisy. They
tell their sovereign their grievances and ask redress.
" Had our Creator," they say, " been pleased to give us exis
tence in a land of. slavery, the sense of our condition might have
been mitigated by ignorance and habit. But, thanks be to his
adorable goodness, we were born the heirs of freedom, and ever
enjoyed our right under the auspices of your royal ancestors,
whose family was settled on the British throne, to rescue and se
cure a pious and gallant nation from the popery and despotism
of a superstitious and inexorable tyrant. Your majesty, we are
confident, justly rejoices, that your title to the crown, is thus
founded on the title of your people to liberty ; and, therefore,
we doubt not but your royal wisdom must approve the sensibili
ty, that teaches your subjects anxiously to guard the blessing,
they received from divine Providence, and thereby to prove the
performance of that compact, which elevated the illustrious
house of Brunswick to the imperial dignity it now possesses."
" The apprehension of being degraded into a state of servitude,
from the pre-eminent rank of English freemen, while our minds
retain the strongest love of liberty, and clearly foresee the mise
ries preparing for us and our posterity, excites emotions in our
breasts, which though we cannot describe, we should not wish to
conceal. Feeling as men, and thinking as subjects, in the man
ner we do, silence would be disloyalty. By giving this faithful
* Note 17.
Vol. I. 38

294 POLITICAL AND CIVIL HISTORY
information, we do all in our power to promote the great objects
of your royal cares, the tranquility of your government and the
welfare of your people."
" Duty to your majesty, and regard for the preservation of our
selves and our posterity, the primary obligations of nature and
society, command us to entreat your royal attention ; and as your
majesty enjoys the signal distinction of reigning over freemen,
we apprehend the language of freemen cannot be displeasing.
Your royal indignation, we hope, will rather fall on those design
ing and dangerous men, who daringly interposing themselves be
tween your royal person and your faithful subjects, and for sever
al years past incessantly employed to dissolve the bonds of socie
ty, by abusing your majesty's authority, misrepresenting your
American subjects, and prosecuting the most desperate and irri
tating projects of oppression, have, at length, compelled us, by
the force of accumulated injuries, too severe to be any lon
ger tolerable, to disturb your majesty's repose by our complaints."
" These sentiments are extorted from hearts, that much more
willingly would bleed in your majesty's service. Yet so greatly
have we been misrepresented, that a necessity has been alleged
of taking our property from us, without our consent, ' to defray
the charge of the administration of justice, the support of civil
government, and the defense, protection and security ofthe colo
nies.' But we beg leave to assure your majesty, that such pro
vision has been, and will be made for defraying the two first ar
ticles, as has been and shall be judged, by the legislatures of the
several colonies, just and suitable to their respective circum
stances : and for the defense, protection and security of the col
onies, their militia, if properly regulated, as they earnestly desire
may immediately, be done, would be fully sufficient, at least
in time of peace ; and in case of war, your faithful colonists will
be ready and willing, as they ever have been, when constitution
ally required, to demonstrate their loyalty to your majesty, by ex
erting their most strenuous efforts in granting supplies and rais
ing forces. Yielding to no British subjects in affectionate attach
ment to your majesty's person, family, and government ; we too

OF THE UNITED STATES. 295
dearly prize the privilege of expressing that attachment by those
proofs, that are honorable to the prince who receives them, and
to the people who give them, ever to resign it to any body of
men upon earth."
" Had we been permitted to enjoy in quiet, the inheritance
left us by our forefathers, we should, at this time, have been
peaceably, cheerfully, and usefully employed in recommending
ourselves, by every testimony of devotion, to your majesty, and
of veneration to the state, from which we derive our origin. But
though now exposed to unexpected and unnatural scenes of dis
tress, by a contention with that nation, in whose parental guid
ance, on all important affairs, we have hitherto, with filial rever
ence, constantly trusted, and therefore can derive no instruction
in our present unhappy and perplexing circumstances from any
former experience ; yet we doubt not, the purity of our intention,
and the integrity of our conduct, will justify us, at that grand tri
bunal, before which all mankind must submit to judgment."
" We ask but for peace, liberty, and safety. We wish not a
diminution of the prerogative, nor do we solicit the grant of any
new right in our favor. Your royal authority over us, and our
connection with Great Britain, we shall always carefully and zeal
ously endeavor to support and maintain."
" Filled with sentiments of duty to your majesty, and of affection
to our parent state, deeply impressed by our education, and
strongly confirmed by our reason, and anxious to evince the sincer
ity of these dispositions, we present this petition only to obtain re
dress of grievances, and relief from fears and jealousies, occasioned
by the system of statutes and regulations adopted since the close
of the late war, for raising a revenue in America ; extending the
powers of the courts of admiralty and vice admiralty ; trying per
sons in Great Britain for offenses alleged to be committed in
America ; affecting the Massachusetts bay, and altering the gov
ernment and extending the limits of Quebec, by the abolition of
which system, the harmony between Great Britain and these
colonies, (so necessary to the happiness of both, and so ardently
desired by the latter,) and the usual intercourse will be immedi-

296 POLITICAL AND CIVIL HISTORY
ately restored. In the magnanimity and justice of your majesty
and parliament, we confide for a redress of our other grievances,
trusting, that, when the causes of our apprehensions are removed,
our future conduct will prove us not unworthy of the regard we
have been accustomed to enjoy. In appealing to that Being who
searches thoroughly the hearts of his creatures, we solemnly pro
fess that our councils have been influenced by no other motive
than a dread of impending destruction."
" Permit us then most gracious sovereign, in the name of all
your faithful people in America, with the utmost humility, to im
plore you, for the honor of Almighty God, whose pure religion our
enemies are undermining ; for your glory, which can be advanced
only by rendering your subjects happy, and keeping them united)
for the interests of your family depending on an adherence to the
principles that enthroned it ; for the safety and welfare of your
kingdoms and dominions, threatened with almost unavoidable
dangers and distresses, that your majesty, .as the loving father of
your whole people, connected by the same bonds of law, loyalty,
faith, and blood, though dwelling in various countries, will not
suffer the transcendant relation formed by these ties to be further
violated, in uncertain expectations of effects, that if obtained, ne
ver c&n compensate for the calamities, through which they must
be gained."
" We, therefore, most earnestly beseech your majesty, that
your royal authority and interposition may be used for our relief,
and that a gracious answer may be given to this petition."
" That your majesty may enjoy every felicity through a long
and glorious reign, over loyal and happy subjects, and that your
descendants may inherit your prosperity and dominions till time
shall be no more, is, and always will be our sincere and fervent
prayer."* * The committee first appointed to prepare an address to the king, consisted of
Richard Henry Lee, John Adams, Mr. Johnson, Mr. Henry, and Mr. Rutledge  the
draft first reported was from the pen of Mr. Lee — the language of it, however, was not
deemed, by a majority of congress, sufficiently conciliatory, and it was recommitted.
John Dickinson, who had just taken his seat in congress, was added to the committee
and the petition finally reported and adopted, was drawn by Mr. Dickinson. See No.
2, ofthe American Quarterly Review, p. 414.

OF THE UNITED STATES. 297
Congress, in their address to the inhabitants of Quebec, en
deavored to convince them, that the late act respecting that pro
vince, had deprived them of many of their rights and privileges,
and to persuade them to unite in obtaining redress, as well as to
join the confederacy.
To the inhabitants ofthe aggrieved colonies, their constituents,
they present a detailed account of the violations of their rights,
since the year 1763, as well as the reasons, for the pacific mode
of redress adopted by them, and conclude by observing, " from
the detail of facts herein before recited, as well as from authentic
intelligence received, it is clear beyond a doubt, that a resolution
is formed, and now carrying into execution, to extinguish the free
dom of these colonies, by subjecting them to a despotic govern
ment." " At this unhappy period, we have been authorized and direct
ed to meet and consult together, for the welfare of our common
country. We accepted the important trust with diffidence, but
have endeavored to discharge it with integrity. , Though the state
of these colonies would certainly justify other measures than we
have advised, yet weighty reasons determined us to prefer those
which we have adopted. In the first place, it appeared to us a
conduct becoming the character these colonies have ever sus
tained, to perform, even in the midst of the unnatural distresses
and imminent dangers that surround them, every act of loyalty ;
and therefore, we were induced, once more to offer to his majes
ty, the petitions of his faithful and oppressed subjects in America.
Secondly, regarding with the tender affection, which we knew to
be so universal among our countrymen, the people of the king
dom, from which we derive our origin, we could not forbear to
regulate our steps by an expectation of receiving full conviction,
that the colonists are equally dear to them. Between these provin
ces and that body subsists the social bond, which we ardently wish
may never be dissolved, until their minds shall become indisputa
bly hostile, or their inattention shall permit those, who are thus
hostile, to persist in prosecuting, with the powers of the realm,
the destructive measures already operating against the colonists,

298 POLITICAL AND CIVIL HISTORY
and in either case, shall reduce the latter to such a situation, that
they shall be compelled to renounce every regard, but that o1*
self-preservation. Notwithstanding the violence with which af
fairs have been impelled, they have not yet reached that point.
We do not incline to accelerate their motion, already alarmingly
rapid ; we have chosen a method of opposition, that does not
preclude a hearty reconciliation with our fellow citizens on the
other side of the Atlantic. We deeply deplore the urgent neces
sity, that presses us to an immediate interruption of commerce,
that may prove injurious to them. We trust they will acquit us
of any unkind intentions towards them, by reflecting, that we are
driven by the hand of violence, into unexperienced and unexpect
ed public convulsions, and that we are contending for freedom,
so often contended for by our ancestors."
" The people of England will soon have an opportunity of de
claring their sentiments concerning our cause. In their piety,
generosity, and good sense, we repose high confidence ; and
cannot, upon a review of past events, be persuaded, that they,
the defenders of true religion, and the asserters of the rights of
mankind, will take part against their affectionate protestant
brethren in the colonies, in favor of our open and their secret en
emies, whose intrigues, for several years past, have been wholly
exercised in sapping the foundations of civil and religious liber
ty." " Another reason, that engaged us to prefer the commercial
mode of opposition, arose from an assurance, that the mode will
prove efficacious, if it be persisted in with fidelity and virtue ; and
that your conduct will be influenced by these laudable principles
cannot be questioned. Your own salvation, and that of your pos
terity, now depends upon yourselves. You have already shown
that you entertain a proper sense of the blessings you are striving
to retain. Against the temporary inconveniences you may suffer
from a stoppage of trade, you will weigh in the opposite balance,
the endless miseries you and your descendants must endure, from
an established arbitrary power. You will not forget the honor of
your country, that must, from your behavior, take its title in the

OF THE UNITED STATES. 299
*
estimation ofthe world, to glory or to shame ; and you will, with
the deepest attention, reflect, that if the peaceable mode of op
position, recommended by us, be broken and rendered ineffectu
al, as your cruel, and haughty, and ministerial enemies, from con
temptuous opinion of your firmness, insolently predict will be the
case, you must inevitably be reduced to choose, either a more
dangerous contest, or a final, ruinous, and infamous submission."
" Motives thus cogent, arising from the emergency of your un
happy condition, must excite your utmost diligence and zeal, to
give all possible strength and energy to the pacific measures cal
culated for your relief : but we think ourselves bound in duty, to
observe to you, that the schemes agitated against these colonies,
have been so conducted, as to render it prudent, that you should
extend your views to mournful events, and be, in all respects pre
pared for every contingency. Above all things, we earnestly in
treat you, with devotion of spirit, penitence of heart, and amend
ment of life, to humble yourselves and implore the favor of Al
mighty God ; and we fervently beseech his divine goodness, to
take you into his gracious protection."*
During this interesting session, a plan of accommodation and
union, between the colonies and the parent country, was submit
ted to congress, by Joseph Galloway, one of the delegates from
Pennsylvania. This plan produced warm and long debates in that body ; and
was finally postponed by a, majority of one colony ; and neither
the plan itself, nor any of the proceedings upon it, were entered
on the journals.
The principal features of it were, that a British and Amer
ican legislature be established, including all the colonies, for
regulating the general affairs of America; each colony re
taining the power, of regulating its own internal concerns. The
general government to be administered by a president general,
to be appointed by the crown, and by a grand council, chosen by
the several colonies, in proportion to their wealth and population.
The president general to hold his office, during the pleasure of
* Journals of Congress, vol. 1, pp. 51, 52.

300 POLITICAL AND CIVIL HISTORY
the crown, and to have a negative on all acts of the grand
council. The president general, by and with the advice and consent of
the grand council, to have and exercise all " legislative rights,
powers, and authorities, necessary for regulating and administer
ing all the general police and affairs of the colonies, in which
Great Britain and the colonies, or any of them, the colonies in
general, or more than one colony were, in any measure, concern
ed, as well civil and criminal, as commercial."
" That the president general and grand council, should be an
inferior and distinct branch of the British legislature, united and
incorporated with it, for the aforesaid general purposes, and that
any ofthe general regulations might originate, be formed and di
gested, either in the parliament of Great Britain, or in the grand
council ; and when prepared, be transmitted to the other, for
their approbation or dissent ; and that the assent of both should
be requisite, to the validity of all such general acts or statutes."
With respect to taxes, it was proposed " that in time of war,
all bills for granting aids to the crown, prepared by the grand
council, and approved by the president general, should be valid
and passed into a law, without the assent of the British parlia
ment." It will be perceived, that this plan bears a strong resemblance
to the scheme of union formed at Albany in 1754 ; the union ofthe
American legislature with the British parliament, however, each
having a negative on the other, in all cases, except that of taxa
tion, presented an essential difference ; and this feature alone, was
a sufficient objection to it.
After directing the address to the king, to be sent to the sever
al colony agents in England, to be presented to his majesty, and
recommending, that another congress be held on the 10th of May
following, unless a redress of grievances, should before that time,
be obtained, congress, on the 26th of October, dissolved.
The union of the members, and their firm determination to support
the people of Massachusetts, in their opposition to the late acts
of parliament, affecting that colony, was peculiarly gratifying to

OF THE UNITED STATES. 301
the delegates of that province, and particularly to John and Sam
uel Adams, whose whole souls were engaged in the contest, a!nd
who had staked every thing on the issue. Being advised by one
of his friends not to accept of his appointment as delegate to
Philadelphia, alleging that Great Britain was determined to sub
due America, and that her power was irresistible, John Adams,
replied he well knew this, but that " as to his fate, the die was
cast, the Rubicon was passed — and sink or swim, live or die, to
survive or perish with his country, was his unalterable resolution."
Nor can we here refrain from noticing the character, conduct,
and influence of Mr. Samuel Adams, during this session of con
gress, as given by Mr. Galloway, who, it is well known, after
wards joined the enemy, and went to England. In his " histori
cal and political reflections on the rise and progress of the Amer
ican rebellion," published in Great Britain in 1780, referring to
Samuel Adams, and his character and conduct in the congress
of 1774, and his talent at political management, he says, " he
eats little, drinks little, sleeps little, thinks much, and is most in
defatigable in the pursuit of his object. It was this man, who,
by his superior application, managed, at once, the factions in con
gress, at Philadelphia, and the factions of New England."
A majority of the members of this congress, had little doubt,
that the measures taken by them, if supported by the American
people, would produce a redress of grievances.
Richard Henry Lee, said to Mr. Adams, " we shall undoubted
ly carry all our points. You will be completely relieved ; all the
offensive acts will be repealed ; the army and fleet will be recal
led, and Britain will give up her foolish projects."
George Washington, was of opinion, that with the aid of both
the non-importation and non-exportation system, America would
prevail. Patrick Henry, concurred in opinion with Mr. Adams,
that the contest must ultimately be decided by force.* The pro
ceedings of congress, met with the almost unanimous approba
tion of the peqple of America. The non-importation agreement,
entered into by their delegates, was adopted, as their own. Com-
* John Adams Letter to Mr- Tudpr.
Vol. T. 39

302 POLITICAL AND CIVIL HISTORY
mittees of vigilance were appointed, in all the towns and districts,
and the names of those, who disregarded it, were published, as
the enemies of public liberty.
In those colonies, where meetings of the regular assemblies,
depended on the will of the royal governors, conventions wrere
held, by delegates voluntarily chosen by the people ; and the re
commendations of these conventions or provincial congresses,
were generally regarded by them. Though the assembly of
Pennsylvania had approved of the measures adopted by con
gress, yet a convention, held in that province, in January, 1775,
declared, " that if the petition of the continental congress should
be disregarded, and the British administration should determine,
to effect by force a submission to the late arbitrary acts of the
British parliament, in such a situation, we hold it our indispensa
ble duty to resist such force, and at every hazard to defend the
rights and liberties of America."
In Massachusetts, the new governor, in August issued writs for
holding an assembly at Salem, on the 5th of October, but they
were afterwards countermanded, by a proclamation, in conse
quence of the county meetings, and the proposition for a pro
vincial congress.
Representatives, however, were chosen from the various towns,
and met at Salem, at the time appointed ; but the governor not
appearing, they resolved themselves into a provincial congress,
and adjourned to Concord. They presented an address to the
governor, complaining, not only of the late acts of parliament,
but of the fortifications erecting on Boston neck. The governor
in his answer, justified these preparations, as necessary for the
protection of the troops under his command ; and among other
things, requested them, to consider, whether, " while they com
plained of the alterations in their charter, by acts of parliament,
their assembling, as they had done, was not a violation of their
own constitution ;" and he warned them to desist from such il
legal proceedings. Regardless, however, of this warning, they
proceeded to exercise the powers of government, and to take the
pecessary measures for placing the province in a state of defense.

OF THE UNITED STATES. 303
Such was the distressed situation of the town of Boston, and
ofthe whole province, in the summer of 1774, that it was deem
ed important that some person should go to England, to repre
sent the true situation of the colonies, and particularly of Mas
sachusetts, as well as to learn the real intentions of the adminis
tration in relation to them. Mr. Quincy, whose state of health
was such, as to require a voyage, was selected for this purpose,
and about the last of September, sailed for London.
We would here observe, that as the colonies increased in
wealth, the desire of the parent country to secure to herself the
benefits of that wealth, seemed to increase in the same propor
tion. The British merchant was still more anxious to retain the
monopoly of the trade of the Americans, and the manufacturer,
like the miser, whose love of wealth increases with the means of
acquiring it, was not less eager, by preventing colonial manu
factures to continue the monopolist of their consumption.
The views of the British merchants and manufacturers, on
these subjects, were disclosed in their letter of Jan. 13th, 1766,
to the merchants of Newport, in Rhode Island. After observing
that the monopoly of the colonial trade, by adding to the re
sources of Great Britain, increased her power to protect and de
fend the colonies, they proceed to say, " We are therefore per
suaded, that you will think it just and necessary, to prevent by
every possible means, foreign states from sharing in the advant
age of your commerce, and thereby depriving Great Britain of
the means to afford you future instances of her parental protec
tion." " The consideration, that every degree of intercourse between
the British colonies and the manufacturing countries of Europe,
tends to strengthen their navigation and increase their manufac
tures, at the expense of our own, will, we are sure, be a sufficient
motive to engage you heartily to carry into execution the clause
of the navigation act, inhibiting that intercourse ; this may ef
fectually be done, if such trade is held by the principal mer
chants among you, to be dishonorable, the laws of reputation
being stronger than any other ; and we flatter ourselves, that

304 POLITICAL AND CIVIL HISTORY
your friends here, will not, on any future occasion, be made to
blush by instances of its violation."
On the subject of colonial manufactures, they in the same let
ter observe — " The prohibition of your exporting bar iron to for
eign countries, (mentioned in the memorial from Pennsylvania,)
is considered as beneficial to the iron manufactories of these
kingdoms, to which, from good policy, reason and justice, a pre
ference is due ; and we beg leave, to recommend your avoid
ing hereafter any applications which may be construed into the
most distant means of interfering with the manufactures of the
mother country ; cither by furnishing her rivals with raw materi
als, or by the public encouragement of similar manufactures
among yourselves ; no small strength having arisen to your op
ponents, during the late struggle, from each of these topics."
" In a word," they add, '• the system of Great Britain is, to
promote a mutual interest, by suppl} ing the colonies with her
manufactures, by encouraging them to raise, and receiving from
them all raw materials, and by granting the largest extension to
every branch of their trade, not interfering with her own."*
Subsequent to the repeal of the stamp act, and before the
meeting of the general congress, in 1774, numerous political
publications, also appeared in Great Britain, evincing, that the
old maxims of colonial policy still prevailed, and governed the
councils of the British cabinet. These publications did not
pass unnoticed by the colonists. Among these, a series of pa
pers, styled " political essays," attracted attention in America.
They manifested a continuance ofthe same jealousy, in relation
to the growth and political power of the colonies, as had appear
ed since the days of Sir Josiah Child.
Referring to the first colonial settlements in North America,
the author of these essays observes, " It appears, that the origin
al and grand evil attending them, was the settlement of so con
siderable a part, in a climate incapable of yielding the commo
dities wanted in Britain. These northern colonies, long after
their disadvantages were known, were continually increased by
* Letter pubhshed in the Newport Mercury, Sept. 1, 1766,

OF THE UNITED STATES. 3O5
fresh emigrations from Europe ; which, as I have before observed,
ought totally to have been prevented, and such emigrations have
been encouraged only to the beneficial colonies."
" Since the late war, Britain laid the trade of the colonies un
der some very strict regulations, which certainly cut off many in
lets, by which they formerly received much Spanish and Portu
guese coin. The principle upon which such regulations were
formed, of securing to the mother country alone, all matters of
commerce, I have already attempted to prove just and necessary.
Whenever these supernumeraries are become manufacturers, it
will require more than British policy, to convert them into plant
ers. I must think this point of such great importance, as to ex
tend, probably, to the annihilation of manufactures in our colo
nies." This and similar publications, were supposed to develope the
views of the British cabinet ; and among other things served to
convince some of the colonists, especially those at the north,
whose interest was more immediately affected, that it would be
impossible ever to compromise with the parent country, on any
terms compatible with their rights or future prosperity. The
great mass of the American people, however, had little
doubt of the success of the measures of the general congress,
and were induced to believe, that at the meeting of parliament,
peace and harmony between the two countries would be restored.
A new parliament met, on the 29th of November, and the
speech from the throne, evinced a determination still to pursue
the same system of measures, and to enforce submission to the
laws, in all his dominions.
The king informed his parliament, that a most daring resist
ance and disobedience to the law still prevailed in Massachusetts,
and had broken out in fresh violences ; that these proceedings,
had been countenanced and encouraged, in the other colonies,
and that unwarrantable attempts had been made, to obstruct the
commerce of the kingdom, by unlawful combinations ; and he
expressed his firm determination, to withstand every attempt,
to weaken or impair, the supreme authority of parhament over
all the dominions of the crown.

306 POLITICAL AND CIVIL HISTORY
Addresses in answer to the speech, concurring in the senti
ments expressed by the king, were carried in both houses, by
large majorities.
The ministry were either unprepared or unwilling, at this
time, to disclose the particular measures, contemplated, with re
spect to America. When pressed on this subject, the first lord
of the treasury, informed the house of commons, that after the
usual recess, for the holidays, he should lay the American papers
before them. In the mean time he procured the appoinment of
a committee to take the subject of colonial affairs into considera
tion at a future day.
The cabinet, however, had determined on coercive measures,
in case the colonies persisted in their claims. Mr. Quincy, not
long after his arrival in England, had an interview with Lord
North, as well as Lord Dartmouth, at their special request.
The former, on the 1 9th of November, in conversation on the
subject of American affairs, reminded Mr. Quincy of the power
of Great Britain, and that they were determined " to exert it to
the utmost, in order to effect the submission of the colonies."
" We must try," said he, " what we can do, to support the au
thority we claim, over America. If we are defective in power,
we must sit down contented, and make the best terms we can ;
and nobody can blame us after we have done our utmost ; but
till we have tried what we can do, we can never be justified in re
ceding."* Knowing the principle object of Mr. Quincy's visit to
England, it was not to be expected, the minister would use the
language of concession to him ; but endeavor to impress him
with the idea, that from the immense power of Great Britain, it
would be impossible for the colonies to resist, with any prospect
of success. Mr. Quincy, however, from this conversation with
the prime minister, as well as information obtained from other
sources, was convinced, that the Americans had nothing to hope,
but from forcible resistance. This conviction was communi
cated to some of his particular friends in America.
* Memoirs of Mr. Quincy, p. 235.

OF THE UNITED STATES. 307
In a letter to Joseph Reed, of Philadelphia, of the 17th of
December, he says, " But by no means entertain an idea that
commercial plans, founded on commercial principles, are to be
engines of your freedom, or the security of your felicity."
" Far different are the weapons, with which oppression is re
pelled ; far more noble the sentiments and actions, which secure
liberty and happiness to man."
" I cannot forbear telling you, that I look to my countrymen
with the feeling's of one, who verily believes, they must yet seal
their faith and constancy to their liberties, with blood."*
Parliament, after the recess, convened on the 20th of January,
and on the same day, lord Chatham took his seat in the house of
lords, and immediately moved — " That an humble address be
presented to his majesty, most humbly to advise and beseech his
majesty, that, in order to open the way towards our happy settle?
ment of the dangerous troubles in America, by beginning to al
lay ferments and soften animosities there ; and above all, for pre
venting in the mean time, any sudden and fatal catastrophe at
Boston, now suffering under daily irritation of an army before
their eyes, posted in their town ; it may graciously please his ma
jesty, that immediate orders may be dispatched to general Gage,
for removing his majesty's forces from the town of Boston, as
soon as the rigor of the season and other circumstances, indis
pensable to the safety and accommodation of the said troops,
may render the same practicable."
This motion was supported by one of the most eloquent and
impressive speeches, ever delivered by that distinguished states
man and orator, and we trust the reader will pardon us for bring
ing a part of it to his recollection.
" My lords," says Chatham, " these papers from America, now
laid by administration for the first time, before your lordships,
have been, to my knowledge, five or six weeks, in the pocket of'
the minister. And notwithstanding the fate of this kingdom,
hangs upon the event of this great controversy, we are, but this
moment called, to a consideration of this important subject."
* Memoirs of Mr. Quincy, p. 281.

308 '. POLITICAL'AND CIVIL HISTORY
" My lords, I do not wish to look into one of these papers. I
know their contents well enough already. I know that there is
not a member in this house, but is acquainted with their purport,
also. There ought, therefore, to be no delay in entering upon
this matter. We ought to proceed to it immediately. We ought
to seize the first moment to open the door of reconciliation. The
Americans will never be in a temper or state, to be reconciled — -
they ought not to be, till the troops are withdrawn. The troops
are a perpetual irritation to those people ; they are a bar to all
confidence, and all cordial reconcilement."
" The way," he said, " must be immediately opened for recon
ciliation. It will soon be too late. I know not who advised the
present measures : I know not who advises to a perseverance and
enforcement of them ; but this I will say, that whoever advises
them, ought to answer for it, at his utmost peril. I know that
no one will avow that he advised, or that he was the author of
these measures ; every one shrinks from the charge. But some
body has advised his majesty to these measures, and if he contin
ues to hear such evil counsellors, his majesty will be undone. His
majesty may indeed wear his crown, but, the American jewel out
of it, it will not be worth the wearing. What more shall I say ?
I must not say, the king is betrayed ; but this I wrill say, the nation
is ruined. What foundation have we for our claims over Ameri
ca ? What is our right to persist in such cruel and vindictive
measures, against that loyal, respectable people ?"
" They say, you have no right to tax them, without their con
sent. They say truly. Representation and taxation must go to
gether ; they are inseparable. Yet there is scarcely a man in
our streets, though so poor, as scarcely to be able to get his daily
bread, but thinks he is the legislator of America. ' Our Ameri
can subjects' i4 a common phrase in the mouths of the lowest or
ders of our citizens ; but property, my lords, is the sole and entire
dominion of the owner : it excludes all the world besides the own
er. None can intermeddle with it. It is an unity, a mathemati
cal point. It is an atom ; untangible by any but the proprietor.
Touch it, and the owner loses his whole property. The touch

OF THE UNITED STATES. 309
contaminates the whole mass, the whole property vanishes. The
touch of another annihilates it ; for whatever is a man's own, is
absolutely and exclusively his own."
After stating that the Americans had been " abused, misrepre
sented, and traduced, in the most atrocious manner, in order to
give color, and urge on, the most precipitate, unjust, cruel, and
vindictive measures, that ever disgraced a nation," he asks, " but
how have this respectable people behaved, under their grievances ?
With unexampled patience, with unparalleled wisdom. They
chose delegates, by their free suffrages ; no bribery, no corrup
tion, no influence there, my lords. Their representatives meet,
with the sentiments and temper, and speak the sense of the con
tinent. For genuine sagacity, for singular moderation, for solid
wisdom, manly spirit, sublime sentiments, and simplicity of lan
guage, for every thing respectable, and honorable, the congress
of Philadelphia, shine unrivalled. This wise people speak out.
They do not hold the language of slaves ; they tell you what they
mean. They do not ask you to repeal your laws, as a favor ;
they claim it, as a right — they demand it. ' They tell you they
will not submit to them ; and I tell you, the acts must be repeal
ed ; they will be repealed ; you cannot enforce them. The min
istry are checkmated ; they have a move to make on the board ;
yet not a move, but they are ruined. Repeal, therefore, my lords,
I say. But bare repeal will not satisfy this enlightened, and spir
ited people. What ! repeal a bit of paper ! repeal a piece of
parchment ! That alone will not do, my lords. You must go
through the work — you must declare you have no right to tax —
then they may trust you ; then they will have some confidence in
you." After adverting to the distinction, he had formerly made, on
the repeal of the stamp act, between taxation and legislation,
Lord Chatham thus concludes :
" My lords, deeply impressed with the importance of taking
some healing measures, at this most alarming, distracted state of
our affairs, though bowed down with a cruel disease, I have crawl
ed to this house, to give you my best counsel, and experience ;
Vol. J. 4p

310 POLITICAL AND CIVIL HISTORY
and my advice is, to beseech his majesty to withdraw his troops.
This is the best I can think of. It will convince America, that
you mean to try her cause, in the spirit, and by the laws of free
dom and fair enquiry, and not, by codes of blood. How can she
now trust you, with the bayonet at her breast ? She has all the
reason in the world, now to believe you mean her death or bon
dage. Thus entered on the threshold of this business, I will
knock at your gates, for justice without ceasing, unless inveterate
infirmities stay my hand. My lords, I pledge myself never to
leave this business. I will pursue it to the end in every shape. I
will never fail of my attendance on it, at every step and period of
this great matter, unless nailed down to my bed, by the severity
of disease. My lords, there is no time to.be lost ; every moment
is big with dangers. Nay, while I am now speaking, the decisive
blow may be struck, and millions involved in the consequences.
The very first drop of blood will make a wound, that will not ea
sily be skinned over. Years, perhaps ages, may not heal it. It
will be immedicabile vulnus : a wound of that rancorous, malig
nant, corroding, festering nature, that in all probability, it will
mortify the whole body. Let us then, my lords, set to this busi
ness in earnest ! not take it up by bits and scraps, as formerly,
just as exigencies pressed, without any regard to general relations,
connections, and dependencies. I would not, by any thing I have
said, my lords, be thought to encourage America to proceed be
yond the right line. I reprobate all acts of violence by her mo
bility. But when her inherent constitutional rights are invaded,
those rights she has an equitable claim to enjoy, by the funda
mental laws ofthe English constitution, and which are engrafted
thereon, by the unalterable laws of nature ; then I own myself an
American, and feeling myself such, shall, to the verge of my life,
vindicate those rights against all men, who strive to trample upon
or oppose them."*
The motion of Lord Chatham, though supported by Lord Cam-:
den, Lord Shelburne, and the Marquis of R,ockingham, was re-
* This extract is taken from Lord Chatham's Speech as given by Mr. Quincy, in his
Journal, lately published, in his Memoirs by his son, and is the best abstract of Lord
Chatham's Speech, on this occasion, we have ever seen.

OF THE UNITED STATES. 311
jected by a large majority. The ministers, being now prepared
to announce their determination to coerce obedience to the late
acts of parliament, refused to listen to the prophetic voice of this
experienced statesman. This, however, did not prevent him
from presenting to the house, soon after, a bill, containing his fa
vorite plan, " for settling the troubles, and for asserting the su
preme legislative authority, and superintending power of Great
Britain over the colonies."
The great outlines of this plan, were, in the first place, a gen
eral declaration, that the colonies of America were dependent on
the imperial crown of Great Britain, and Subordinate to the Brit
ish parliament ; and that parliament could make laws binding on
them, in all cases touching the general weal of the British empire ;
the bill, then enacted and declared, that parliament could lay no
tax or tallage, without common consent, by an act of an Ameri-
canprovincial assembly, duly. convened for that purpose. It pro
vided, that a general congress be held in America, to recognize
such general superintending authority in parliament ; and that
such congress be requested, to take into consideration, the mak
ing a free grant to the king, and his successors, of a certain per
manent revenue, subject to the disposition of parliament, to the
alleviation of the national debt. That the same congress appor
tion the quotas of this revenue, to each province. That the vice-
admiralty courts be reduced to their ancient limits — that no per
son be sent to Great Britain, for crimes committed in America —
that the acts complained of, passed since 1763, be suspended —
that the judges hold their offices, during good behavior, and have
their salaries from the crown ; and the bill also, declared, that the
colonies were justly entitled to the privileges and franchises grant
ed by their charters, or constitutions, and that these charters
could not be invaded or rescinded, unless for some legal ground
of forfeiture. It asserted the right of the king, to send a legal
army to any part of his dominions ; but that no military force
could lawfully be used, to destroy the just rights ofthe people.
Though this bill, as it contained a direct avowal of the supreme
authority of parliament over the colonies, in all cases, except that

312 POLITICAL AND CIVIL HISTORY
of taxation, could never have received the assent ofthe Ameri
cans, yet, as it expressly denied the parliamentary power of tax
ing the colonies, without the consent of their assemblies, and
made other concessions, it was rejected by a large majority, on
its first reading.
Lord Chatham had shown this bill to Dr. Franklin, before he
submitted it to the house of lords, but the latter had not an op
portunity of proposing certain alterations, which he had sketch
ed. Dr. Franklin, however, at the special request of Lord Chat
ham, was present at the debates upon it.
Lord Dartmouth was at first disposed to have the bill lie upon
the table, but Lord Sandwich opposed its being received, and
moved, that it be immediately " rejected with the contempt it
deserved. He could never believe," he said, " that it was the pro
duction of a British peer ; that it appeared to him rather the work
of some American." Turning his face towards Dr. Franklin, then
standing at the bar, " he fancied," he said, " he had in his eye the
person, who drew it up, one of the bitterest and most mischiev
ous enemies this country had ever known."
To this part ofthe speech of Lord Sandwich, the great Chat
ham replied, by saying " that it was entirely his own. This de
claration," he said, " he thought himself the more obliged to
make, as many of their lordships appeared to have so mean an
opinion of it ; for if it was so weak or so bad a thing, it was pro
per in him to take care that no other person should unjustly share
in the censure it deserved. That it had been heretofore reckoned
his vice not to be apt to take advice ; but he made no scruple to
declare, that if he were the first minister of this country, and had
the care of settling this momentous business, he should not be
ashamed of publicly calling to his assistance, a person so perfect
ly acquainted with the whole of American affairs as the gentle
man alluded to, and so injuriously reflected on ; one, whom all
Europe held in estimation, for his knowledge and wisdom, and
ranked with our Boyles and Newtons ; who was an honor, not
to the English nation only, but to human nature."*
"'Franklin's Works, vol. l,pp. 322,323.

OF THE UNITED STATES. 313
Soon after the meeting of parliament in January, petitions from
the merchants of London and other trading towns, in favor of
America, were presented to the house of commons. These pe
titions, instead of being referred, as the petitioners expected, to
the committee on American affairs, were, on motion of the min
ister, referred to another committee, whose meeting was fixed
at a more distant day.
This was considered by the petitioners as very unfair treat
ment, and the committee to which their petitions were referred,
was called, the " committee of oblivion." The petition of the
American congress, to the king, had been sent to the house with
other papers, but had been left entirely unnoticed. Dr. Franklin,
Mr. Bollan, and Mr. Lee, colonial agents, to whom it had been
entrusted, requested liberty to be heard upon it, before the house.
This, however, was refused, the ministers giving, the old rea
son, that it came from an illegal assembly. Thus the humble
supplication of three millions of people, could not be heard un
less presented in a particular manner.
Immediately after the rejection of lord Chatham's bill, the min
ister propose'd, in the house of commons, a joint address to the
king, on American affairs. In this address, which was carried by
large majorities, parliament declared, that Massachusetts was in
a state of rebellion ; and that this colony, had been supported
by unlawful combinations and engagements entered into, by
several of the other colonies, to the great injury> and oppression
of his majesty's subjects in Great Britain. Assuring his majesty
of their determination never to relinquish the sovereign authority
of the king and parliament over the colonies, they requested him
to take the most effectual measures, to enforce obedience, to that
authority ; and promised him their support, at the hazard of their
lives and property. In the long and pointed debates on this ad
dress, it was declared by ministers, and their supporters, that the
Americans had long wished, to become independent, and only
waited for ability and opportunity, to accomplish their design.
To prevent this, they said, and to crush the monster in its birth,
was the duty of every Englishman ; and that this must be done,

314 POLITICAL AND CIVIL HISTORY
at any price, and at every hazard. In the course of the debates,
the Americans were branded with the epithets of cowards and
paltroons ; and some pretending to be well acquainted with their
character, declared them incapable of military discipline or ex
ertion, and that a small force would reduce them to obedience.
Opposition to the address, was made, in both houses, but in
vain. The king in his answer, assured parliament, of his firm
determination, in compliance with their request, to enforce obe
dience to the laws and authority of the supreme legislature of
the empire. His answer was followed by a message, requesting
an increase of his forces, by sea and land. The restriction of
the trade of the colonies, and a prohibition of their use of the
fisheries, was also, a part of the ministerial system of measures.
The minister began this part of his system, with Massachusetts,
Connecticut, New Hampshire and Rhode Island, as being the
most obstinate and refractory. On the 10th of February, he pre
sented a bill, which soon became a law, restricting the trade of
these colonies, to Great Britain, Ireland, and the British West
Indies, and prohibiting their carrying on any fisheries on the
banks of New Foundland, and other places, for a limited time.
The same restrictions were, soon after, extended to all the colo
nies represented in the congress at Philadelphia, with the excep
tion of New York and North Carolina. These bills were op
posed, by the minority in both houses, as unjust and cruel towards
the colonists, involving the innocent with the guilty ; and un
wise and impolitic, in regard to the people of Great Britain.
By the loss of their foreign trade and the fisheries, the colonists,
it was said, particularly those of New England, would be unable
to pay the large balances, due from them to the British mer
chants. But every argument however just or reasonable, was
urged in vain, against the measures proposed by the minister.
An idea prevailed in Great Britain, that the people of New Eng
land were dependent on the fisheries for subsistence, and that
deprived of these, they would be starved into obedience and sub
mission. Daring this period, individuals in Great Britain, with the
knowledge and consent of some of the ministry, were sounding

OF THE UNITED STATES. 315
Dr. Franklin, in relation to terms of reconciliation between the
two countries. Dr. Fothergill and Mr. Barclay, both friends to
America, and very desirous of a settlement of differences, had
frequent conversations with Dr. Franklin on this subject. They
earnestly solicited him to suggest some plan of reconciliation,
which might be submitted to the consideration of the min
istry. They urged that this might be done immediately, be
fore the breach was irreparable, as additional measures against
the people of New England, were, at that time, in contemplation.
About the first, of December, Dr. Franklin sketched and pre
sented to them a plan, which he called, " Hints for conversa
tion upon the subject of terms, that might probably, produce
a durable union between Great Britain and the colonies,"
These hints embraced the general matters in dispute between
the two countries, and were as follows :
1. " The tea destroyed to be paid for."
2. " The tea duty act to be repealed, and all the duties that
have been received upon it, to be repaid into the treasuries ofthe
several provinces from which they have been collected."
3. " The acts of navigation to be all re-enacted in the colo
nies." 4. " A naval officer appointed by the crown, to reside in each
colony, to see that those acts are observed."
5. " All the acts restraining manufactures in the colonies to be
repealed." 6. " All duties arising on the acts for regulating trade with the
colonies, to be for the public use of the respective colonies, and
paid into their treasuries. The collectors and custom house offi
cers to be appointed by each governor, and not sent from Eng
land." 7. " In consideration of the Americans maintaining their own
peace establishment, and the monopoly Britain is to have of
their commerce, no requisition to be made from them in time of
peace." 8. " No troops to enter and quarter in any colony, but with the
consent of its legislature,"

SI 6 POLITICAL AND CIVIL HISTORY
9. " In time of war, on requisition made by the king, with the
consent of parliament, every colony shall raise money by the
following rules and proportions, viz. If Great Britain, on ac
count of the war, raises three shillings in the pound, to its land
tax, then the colonies to add to their last general provincial peace
tax, a sum equal to one fourth thereof; and if Britain on the
same account pays four shillings in the pound, then the colonies
to add to their said last peace tax, a sum equal to half thereof ;
which additional tax is to be granted to his majesty, and to be
employed in raising and paying men for land or sea service, fur
nishing provisions, transports, or for such other purposes as the
king shall require and direct : and though no colony may con
tribute less, each may add as much by voluntary grant as they
shall think proper."
10. " Castle William to be restored to the province of the
Massachusetts bay, and no fortress built by the crown in any
province, but with the consent of its legislature."
11." The late Massachusetts and Quebec acts to be repealed,
and a free government granted to Canada."
1 2. " All judges to be appointed during good behavior, with
equally permanent salaries, to be paid out of the province reve
nues by appointment of the assemblies ; or, if the judges are to
be appointed during the pleasure of the crown, let the salaries
be during the pleasure of the assemblies, as heretofore."
13. " Governors to be supported by the assemblies of each
province." 1 4. " If Britain will give up its monopoly of the American
commerce, then the aid abovementioned, to be given by Ameri
ca in time of peace, as well as in time of war."
15. "The extension of the act of Henry VIII, concerning
treasons, to the colonies, to be formally disowned by parliament."
16. " The American admiralty courts reduced to the same
powers they have in England, and the establishing them to be
re-enacted in America."
1 7. " All powers of internal legislation in the colonies to be
disclaimed by parliament."

OF THE UNITED STATES. 317
Dr. Franklin stated to Mr. Barclay and Dr. Fothergill his rea
sons in favor of each of his propositions. To some they made
strong objections. Restraining manufactures in the colonies,
they said, was a favorite idea in Great Britain, and would not
easily be relinquished ; and they wished this article had been
omitted. Dr. Franklin, however, insisted on the justice of al
lowing all subjects, in every country to make tbe most of their
natural advantages ; but at their earnest request, he consented
to change the word repealed to reconsidered. With respect
to sending or quartering troops in the colonies, this, they
observed, would never be granted, as all would be of opin
ion, that the lung, who was to defend all parts of his do
minions, had a right, of course, to place his troops where
they might best answer that purpose. Dr. Franklin, in sup
port of it, said, that if the king could bring troops into the
colonies, without the consent of the colonial legislatures, he
might also, bring armies raised in America into England, without
consent of parliament. That if troops were necessary in Amer
ica, the consent of the local assemblies would no doubt always
be obtained, and he refused to give up this article. Strong objec
tions, they said, would be made against repealing the late laws re
lating to Massachusetts and Quebec. That the old colonists had
nothing to do with that regarding Quebec, and that the act alter
ing the charter of Massachusetts was deemed by the administra
tion a valuable improvement in the government of that province.
Dr. Franklin replied, that the Americans had, at a great ex
pense assisted in the conquest of Canada, and therefore had a
right to object to the establishment of an arbitrary government
there. " That as to amending the Massachusetts government,"
he told them, " though it might hex shown, that every one of
these pretended amendments were real mischiefs, yet that char
ters being compacts between two parties, the king and the peo
ple, no alteration could be made in them, even for the better, but
by the consent of both parties. That the parliament's claim
and exercise o^ a power to alter our charters, which had always
been deemed inviolable but for forfeiture, and to alter laws made
Vol. h 41 ¦

3 1 8 POLITICAL AND CIVIL HISTORY
in pursuance of those charters, which had received the royal ap
probation, and thenceforth deemed fixed and unchangeable, but
by the powers that made them, had rendered all our constitutions
uncertain, and set us quite afloat : that as by claiming a right to
tax us ad libitum, they deprived us of all property ; so by this
claim of altering our laws and charters at will, they deprived us
of all privilege and right whatever, but what we should hold at
their pleasure : that this was a situation we could not be in, and
must risk life and every thing rather than submit to it."*
The monopoly of the colonial commerce, it was said, could
never be given up, and that any proposition of this kind, would
only give offense, without producing any good. The fourteenth
article was, therefore, at last, totally omitted.
These propositions were to be communicated to lord Dart
mouth, and some others, supposed to be friendly to an accom
modation, but without mentioning the source from whence they
came. In the mean time, Dr. Franklin was introduced to lord
Howe, through Mrs. Howe, sister of his lordship. This introduc
tion was sought by lord Howe himself, by means of his sister,
with whom Dr. Franklin was acquainted. His lordship, at their
first interview, expressed his great desire that some means might
be devised for reconciling the differences with the colonies ; and
he therefore wished for an opportunity of obtaining the senti
ments of one who was so well acquainted with American af
fairs. These differences, he saw, unless speedily settled, must
lead to the most mischievous consequences. Though unconnect
ed with the ministry, he informed Dr. Franklin, he had friends
among them, with whom he would communicate any plan which
might probably lead to a reconciliation.
In a subsequent interview, lord Howe showed him a paper,
which on examination, appeared to be the " hints" he had fur
nished Mr. Bci.clay, and being asked whether he knew any thin"
of the paper, Dr. Franklin owned he had been consulted on the
subject and had drawn it up.
Lord Howe expressed his regret to find the senjiftents contain
ed in i\ v ere his, as it lessened the hopes he had formed of pro-
* Franklin's Works, vol. 1, pp. 283, 291.

OF THE UNITED STATES. 319
moting, by his assistance, the reconciliation he wished, " since
he had reason to think, there was no likelihood of the admission
of these propositions."
The propositions themselves were, no doubt, under the consid
eration of some of the ministry and other gentlemen of influence
in parliament ; and on the 4th of February 1775, Dr. Fothergill
and Mr. Barclay, had an interview with Dr. Franklin on the sub
ject. Mr. Barclay assured the latter, that there was a good dis
position in the administration towards the colonies, and hinted
how much it was in the power of Dr. Franklin himself, to promote
an agreement ; and that in such an event he might expect, not
only a restoration of his old place, but almost any other he might
wish. To this Dr. Franklin replied, that the ministry, he was
sure, would rather give him a place in a cart to Tyburn, than any
other place whatever.
They again told him that conferences had been held upon the
hints, and showed him a paper, containing the result, which was
as follows.
1. " The first article was approved."
2. " The second agreed to, so far as related to the repeal of
the tea-act. But repayment of the duties that had been collect
ed, was refused."
3. " The third not approved, as it implied a deficiency of pow
er in the parliament that made these acts."
4. " The fourth approved."
5. " The fifth agreed to, but with a reserve, that no change
prejudicial to Britain was expected."
6. " The sixth agreed to, so far as related to the appropriation
of the duties : but the appointment of the officers and their sala
ries, to remain as at present."
7. " The seventh, relating to aids in time of peace, agreed to."
8. " The eighth, relating to the troops, was inadmissible."
9. " The ninth could be agreed to, with this difference, that no
proportion should be observed with regard to preceding taxes,
but each colony should give at pleasure."

320 POLITICAL AND CIVIL HISTORY
10. " The tenth agreed to, as to the restitution of castle Wil
liam ; but the restriction on the crown in building fortresses re
fused." 11." The eleventh refused absolutely, except as to the Boston
port bill, which would be repealed ; and the Quebec act might
be so far amended, as to reduce that province to its ancient lim
its. The other Massachusetts acts, being real amendments of
their constitution, must for that reason, be continued, as well as
to be a standing example of the power of parliament."
12. " The twelfth agreed to, that the judges should be appoint
ed during good behavior, on the assemblies providing permanent
salaries, such as the crown should approve of."
13. " The thirteenth agreed to, provided the assemblies make-
provision as in the preceding article."
15. " The fifteenth agreed to."
16. " The sixteenth agreed to, supposing the duties paid to the
colony treasuries."
17. " The seventeenth inadmissible."
Not long after this, Mr. Barclay informed Dr. Franklin, that he
had conversed with Lord Hyde, on the subject of articles of re
conciliation, and hoped still to produce a satisfactory plan, and
on the 16th of February, presented to him the following paper.
" A plan, which it is believed would produce a permanent un
ion, between Great Britain and her colonies."
1 . " The tea destroyed to be paid for ; and in order that no
time may be lost, to begin the desirable work of conciliation,
it is proposed that the agent or agents, in a petition to the king,
should engage that the tea destroyed shall be paid for ; and in
consequence of that engagement, a commissioner to have author
ity, by a clause in an act of parliament, to open the port, (by a
suspension of the Boston port act,) when that engagement should
be complied with."
2. " The tea duty act to be repealed, as well for the advantage
of Great Britain as the colonies."
3. " Castle William to be restored to the province of Massa
chusetts Bay, as formerly, before it was delivered up by governor
Hutchinson."

OF THE UNITED STATES. 321
4. " As it is believed that the commencement of conciliatory
measures will, in a considerable degree, quiet the minds of the
subjects in America, it is proposed that the inhabitants ofthe pro
vince of Massachusetts Bay, should petition the king and state
their objections to the said act. And it is to be understood, that
the said act shall be repealed. Interim, the commissioner to have
power to suspend the act, in order to enable the inhabitants to
petition." 5. " The several provinces who may think themselves aggriev
ed by the Quebec bill, to petition in their legislative capacities ;
and it is to be understood, that so much of the act as extends the
limits of Quebec beyond its ancient bounds, is to be repealed."
6. " The act of Henry VIII, to be formally disclaimed by par
liament." 7. " In time of peace, the Americans to raise within their re
spective provinces, by acts of their own legislatures, a certain sum
or sums, as may be thought necessary for a peace establishment,
to pay governors, judges, &c.
8. " In time of war, on requisition made by the king, by con
sent of parliament, every colony shall raise such sums of money,
as their legislatures may think suitable to their abilities and the
public exigency, to be laid out in raising and paying men for
land or sea service, furnishing provisions, transports, or such other
purposes as the king shall require and direct."
9. " The acts of navigation to be re-examined, in order to see
whether some alterations might not be made therein, as much for
the advantage of Great Britain, as the colonies."
10. "A naval officer to be appointed by the crown to reside in
each colony, to see those acts observed."
11." All duties arising on the acts for regulating trade with the
colonies, to be for the public use of the respective colonies, and
paid into their treasuries, and an officer of the crown to see it
done." 1 2. " The admiralty courts to be reduced to the same powers
as they have in England."

322 POLITICAL AND CIVIL HISTORY
13. "All judges in the king's colony governments, to be ap
pointed during good behavior, and to be paid by the province,
agreeable to article 7th."
N. B. " If the king chooses to add to their salaries, the same
to be sent from England."
14. " The governors to be supported in the same manner."*
The remarks of Dr. Franklin on these propositions, closed this
indirect and secret negociation. In these remarks, among other
things, the doctor said, that as none ofthe late acts relating to
the province of Massachusetts Bay, were to be repealed, except
the Boston port bill, " Massachusetts must suffer all the hazards
and mischiefs of war, rather than admit the alteration of their
charters and laws by parliament. They who can give up liberty
to obtain a little temporary safety, deserve neither liberty nor
safety."! This detailed view of the secret negociation between Dr. Frank
lin and some of the British ministry, a negociation, which embra
ced the principal subjects which were in dispute between the pa
rent country and the colonies, and some of which had been of
long standing, evinced a disposition on the part of the British
government, still to retain the colonies, in a state of complete de
pendence. The regulation of their commerce, the restraining
their manufactures, and the alteration of their constitutions and
laws at pleasure, were still favorite objects with the British min
istry ; nor would they give up the right of imposing internal tax
es, as in the 7th proposition, they had reserved to themselves by
the words " may be thought necessary," the right of ultimately
deciding, whether the sums, which might be granted by the colo
nial legislatures, were sufficient or not.
Soon after the close of this negociation, and while parliament
were engaged in augmenting the military and naval force, and
declaring the colonists ina state of rebellion, Lord North surpris
ed both his political friends and enemies, with a proposition, cal
led his conciliatory plan, in relation to the colonies.
* Franklin's Works, vol. 1, p, 328. ] Do. p. 333.

OF THE UNITED STATES. 323
This proposition was submitted to the house of commons,
by the minister, on the 20th of February, 1775, and was final
ly adopted. It declared, " that when the governor, council and
assembly, or general court of any of his majesty's colonies in
America, shall propose to make provision, according to the con
dition, circumstances, and situation of such province or colony,
for contributing their proportion for the common defense, (such
proportion to be raised under the authority of the general court,
or assembly of such colony and disposable by parliament,) and
shall engage to make provision, also, for the support of the civil
government and the administration of justice, in such colony, it
will be proper, if such proposal shall be approved by his majesty,
and the two houses of parliament, and for so long as such provi
sion shall be made accordingly, to forbear, in respect to such
colony, to levy any duty, tax or assessment, except only such du
ties, as it may be expedient to levy or impose, for the regulation
of commerce; the net proceeds of the duties last mentioned, to
be carried to the account of such colony respectively."
This unexpected proposition was, at first opposed, by those
who usually acted with the minister, as totally inconsistent
with the course of measures just adopted ; and they would prob
ably have voted against it, had they not been quieted, by ex
planations, as to its real object, made by his particular friends.
By these explanations, to which the minister, whatever might
have been his original intentions assented, it appeared that the
object was to cause a division among the colonies ; or if this
should not be the effect, and the reasonable terms offered should
be rejected by them, to unite the people of England in strong
coercive measures. The minister stated, that it would be an in
fallible touch stone to try the sincerity of the Americans. That
he intended by them to separate the grain from the chaff. If
rejected, " we shall then," he observed, " know how to act ; after
having shown our wisdom, and our humanity, by giving them an
opportunity of redeeming their past faults, and holding out to
them fitting terms of accommodation, if they reject them, we
shall stand justified, in taking the most coercive measures, and

324 POLITICAL AND CIVIL HISTORY
they must be answerable to God and man for the conse
quences."* The adoption of lord North's conciliatory scheme, did not pre
vent Mr. Burke and Mr. Hartley from presenting to the house,
their respective plans of reconciliation. That of the former,
founded on the principle of expediency, was, to permit the colo
nies to tax themselves in their assemblies, according to ancient
usage, and to repeal all acts of parliament, imposing duties in
America. Mr. Hartley proposed that, at the request of parlia
ment, the secretary of state should require a contribution from
the colonies, for the general expense of the empire, leaving the
amount and application, to the colonial assemblies.
These propositions, though supported by all the eloquence and
powerful talents of Mr. Burke, were rejected by the usual minis
terial majorities.
During this session, a letter was laid before parliament, from
general Gage, to lord Dartmouth, disclosing the extraordinary
fact, that the propriety of disarming some of the provinces, had
been suggested to him. This letter bore date the 1 5th of De
cember, 1 774, and the general informs the secretary, that the idea
of disarming certain provinces, would be consistent with pru
dence and safety ; but that it neither was, nor had been practi
cable, "without having recourse to force, and being master of the
country."T The people of America, indeed, would not tamely
surrender their arms to their invaders.
The assembly of New York met on the 10th of January, 1775,
and though a small majority refused to approve of the non-im
portation association adopted by congress, and also declined
appointing new delegates, to meet the other colonies in con
gress in May following ; yet, in a full house, they agreed upon a
list of grievances, substantially in accordance with the bill of
rights adopted at Philadelphia.
Towards the close of the session, in the absence of some of the
patriotic members, petitions to the king, lords, and commons
*Annual Register for 1775, and Bissett, vol. 1. p. 412.
fJournals of Congress, vol. 1 p. 75.

OF THE UNITED STATES, 325
were prepared, which did not. precisely agree with the principles
contained in their list of grievances ; and in which they disap
proved " ofthe violent measures, that had been pursued in some
of the colonies ;" they, at the same claimed an exemption
from internal taxation, and the exclusive right of providing for
the support of their own civil government, and the administra
tion of justice, as their undoubted and unalienable rights, as
Englishmen. The people of New- York, however, in general, conformed to
the non-importation agreement, recommended by congress ; and
on the 20th of April met in convention, and appointed delegates
to represent that province in the congress to be held in May, with
instructions " to concert and determine upon such matters, as
shall be judged most advisable, for the preservation and re-estab
lishment of American rights and privileges."*
From the apparent defection of New York, the ministry had
high expectations, that the confederacy of the colonies was bro
ken ; still, however, when the agent of that province, on the 15th
of May, presented the petition of the assembly, to the house of
commons, it was refused a hearing, beeause it denied or called in
question, the right of parliament to tax them. The colonists
were duly informed of the proceedings of parliament, during this
interesting session ; and convinced that no alternative was now
left but unconditional submission or forcible resistance, did not
hesitate in their choice. The circular letter ofthe British Secre
tary of state, forbidding the election of delegates to the con
gress in May, was disregarded. This letter of lord Dartmouth,
was addressed to the governors of the several States, and bore
date January 4th, 1 775, and declared that " certain persons styl
ing themselves delegates of his majesty's colonies in America,
having presumed, without his majesty's authority or consent, to
assemble together at Philadelphia, in the months of September
and October last ; and having thought fit, among other unwar
rantable proceedings, to resolve that it will be necessary, that
another congress should be held in the same place, on the 10th
* Records of the state of New York, and Alexander McDougall's letter, in m«mdfr>
.6f Mr. Quincy, pp. 306, 307.
Vol. I. 42

326 POLITICAL AND CIVIL HISTORY
day of May next, unless redress for certain pretended grievances
be obtained before that time, and to recommend, that all the
colonies in North America, should choose deputies to attend such
congress, I am commanded by the king to signify to you his ma
jesty's pleasure that you do u?e his majesty's endeavors to pre
vent any such appointment of deputies, within the colony under
your government, and that you do exhort all persons to desist
from such unwarrantable proceedings, which cannot but highly
displease the king."
Notwithstanding this royal recommendation, delegates were
chosen from all the colonies, to attend the congress in May ; ex
cept Georgia, whose delegates were chosen in the summerof 1775.
The preparations of the colonists for defense increased with
the increase of danger. The manufacture of gunpowder, arms
and ammunition of every kind, was encouraged. In Massachu
setts, in particular, all was vigilance and activity. Every person
capable of bearing arms, was to be ready at a moment's warn
ing, and arms and provisions were collected and deposited at
the towns of Worcester and Concord. Though a desperate
conflict seemed inevitable, the people of Massachusetts, as
well as the other colonies, were determined not to be the
first to commence the attack ; but were resolved, to repel by
force, the first hostile aggression, on the part of the British
commander. An opportunity soon offered, to bring their re
solution as well as courage to the test. On the 18th of April,
1775, a detachment of troops moved from Boston, to destroy
the warlike and other stores, deposited at Concord ; and the next
day, the battle of Lexington and Concord followed, in which the
British first commenced actual hostilities, by firing on the militia
collected at the former place.
The people of Massachusetts redeemed the pledge, they had
often given, to defend their rights, at the hazard of their lives.
The British were repulsed and compelled, with no inconsidera
ble, loss, to return to Boston. The news of this engagement
soon spread through the colonies. All New England was in
arms, and thousands moving towards the scene of action.
The provincial congress of Massachusetts immediately resolv
ed that an army of thirteen thousand men, should be raised and

OF THE UNITED STATES. 327
the other New England colonies were requested to furnish an
additional number, for the defense of the country. The treas
urer was directed to borrow £100,000 for the use of the pro
vince ; and they declared that the citizens were no longer under
any obligations of obedience to governor Gage. They immedi
ately dispatched to Dr. Franklin, their agent in England, an ac
count of this hostile attack, accompanied with an address to the
people of Great Britain ; in which after a statement of the com
mencement of hostilities, they add, " These, brethren, are marks
of ministerial vengeance against this colony, for refusing, with
her sister colonies, a submission to slavery ; but they have not
yet detached us from our royal sovereign. We profess to be his
loyal and dutiful subjects, and so hardly dealt with as we have
been, are still ready, with our lives and fortunes, to defend his
person, family, crown and dignity. Nevertheless, to the perse
cution and tyranny of his cruel ministry, we will not tamely sub
mit ; appealing to heaven for the justice of our cause, we deter
mine to die or be free."
" We cannot think that the honor, wisdom, and valor of Brit
ons will suffer them to be long inactive spectators of measures,
in which they themselves are so deeply interested; measures
pursued in opposition to the solemn protest of many noble lords,
and expressed sense of conspicuous commoners, whose knowl
edge and virtue have long characterized them as some of the
greatest men in the nation ; measures executing contrary to the
interest, petitions and resolves of many large, respectable, and
opulent counties, cities and boroughs, in Great Britain; meas
ures highly incompatible with justice, but still pursued with a
specious pretence of easing the nation of its burdens ; measures
which if successful, must end in the ruin and slavery of Britain,
as well as the persecuted American colonies."
" We sincerely hope, that the great sovereign of the Universe,
who hath so often appeared for the English nation will support
you in every rational and manly exertion with these colonies, for
saving us from ruin ; and that in a constitutional connection
with the mother country, we shall soon be altogether a free and
happy people."

CHAPTER IX.
Congress again meet in May, 1775 — Place the Colonies in a state of defense — Raise
an Army and appoint George Washington Commander in Chief — Publish a manifes
to declaring the causes of their taking up arms— Prepare a second petition to the
King and an address to tlie people of Great Britain — Congress not unanimous in
again petitioning the King — Proceedings on Lord North's conciliatory proposition —
The terms of the proposition rejected — Terms of reconciliation proposed by the
Convention of New York — Substance of terms sketched by Dr. Franklin — Massa
chusetts Convention ask the advice of Congress about the establishment of civil
government in that Colony — Fort at Ticonderoga taken— Congress send an army
into the Province of Canada — Paper money issued — Views of the Convention of
New York, on tlie subject ofa paper medium — Colonists in general in favor of re
conciliation — Their various declarations on the subject — Second petition to the
King rejected — The Colonies declared by Parliament in a state of rebellion — All
trade with the Colonies prohibited, and the Colonists declared open enemies —
Their vessels and persons made liable to seizure — Royal Commissioners appointed —
Their powers — Reprisals ordered by Congress — American ports opened to all the
world except Great Britain — Congress recommend to the Colonies to form govern
ments for themselves — Independence seriously contemplated — Delegates of Penn
sylvania instructed against it — Recommended by North Carolina — Delegates of
Virginia specially instructed to propose it in Congress — proposed by Richard Hen
ry Lee — Subject postponed — Measures taken to procure the assent of all the Colo
nics — Declaration of Independence unanimously agreed to and signed by Delegates
from all the Colonies — Produces a new political state in America — Allegiance now
transferred to the States — Persons adhering to the King, or to the enemies of the
States, or giving them aid, considered as guilty of treason — Royal Commissioners
request a conference with some of the members of Congress — Committee appoint
ed — The result of the conference — Terms rejected — Commissioners issue addresses
and proclamations to the people of America — Counter address of the Convention
of New York — Campaign of 1776 unfortunate for America — General Washington
invested with unlimited military powers — Capture of the Hessians at Trenton and
the battle of Princeton revive the drooping spirits of the Americans.
In this state of public affairs the general congress again con
vened at Philadelphia, on the 10th of May. Dr. Franklin, having
returned from England, in the spring of this year, he, together
with Thomas Willing and James Wilson were, on the 6th of
May, added to the delegation of Pennsylvania. Peyton Ran
dolph was again unanimously elected president, and Charles

POLITICAL AND CIVIL HISTORY, &c. 329
Thompson secretary. The" parish of St. Johns, in Georgia, hav
ing acceded to the proceedings of the last congress, sent a dele
gate, and he was admitted to a seat. An official account of the
hostilities at Lexington and Concord, with an address from the
provincial congress of Massachusetts, was laid before this gene
ral meeting of the colonies, early in the session. The people of
Massachusetts stated the measures, taken for their defense, and
requested the direction and assistance of congress, in the truly
alarming state of their affairs. The people ofthe city and coun
ty of New York, at the same time, asked the advice of congress,
how to conduct themselves, towards the troops soon expected
there. Congress recommended, that on the arrival of the troops
at New York, the colony should act on the defensive, so long as
it should be consistent with their safety and security ; that the
troops be permitted to remain in their barracks, while they be
haved peaceably and quietly. That they be not suffered to erect
fortifications, or cut off the communication between town and
country ; and in case they should commit hostilities, or invade
private property, the inhabitants should repel force by force.
They also, recommended, that warlike stores be removed from
the city, and a place of retreat, in case of necessity, be provided,
for the women and children of the city, and that a sufficient
number of men be kept in constant readiness, to protect the in
habitants from insult and injury. The actual commencement of
hostilities in Massachusetts required and received the immediate
attention of congress. On the 26th of May, after stating the
dangerous and critical situation of the colonies, from the at
tempts to carry into execution by force, several unconstitutional
and oppressive acts of parliament, from the actual hostilities
committed in Massachusetts, and from the large reinforcements
of troops expected with the same hostile views, congress unani
mously determined, " that, for the' express purpose of securing
and defending these colonies, and preserving them in safety,
against, all attempts to carry said acts into execution, by force of
arms, the colonies be placed in a state of defense." They at
the same time, expressed a most ardent wish, for a restoration of

336 POLITICAL AND CIVIL HISTORY
former harmony, and as a means of effecting this object, they re
solved to present another humble and dutiful petition to the
king; and to make it a part of the petition, " that measures be
entered into, for opening a negociation, in order to accommodate
the unhappy disputes, between Great Britain and the colonies."
On the question of again addressing the king, the members
were, at first, divided. Convinced, from the repeated and con
temptuous rejection of their former petitions, without a hearing,
as well as from the late conduct of the administration, that every
other application, would receive a similar treatment, some of
the members were unwilling, again to place themselves in the
humiliating posture of supplication, at the foot of the throne ;
and the question was warmly debated. As many were extreme
ly desirous, that another attempt at reconciliation should be
made, by a solemn appeal to the king ; for the sake of harmony,
at such a critical period, the opponents of the measure finally
yielded their assent. Nor did congress confine themselves to a
petition to his majesty ; they again addressed the people of Great
Britain and the province of Quebec ; and also sent an address
to the inhabitants of Ireland, and a letter to those of the island
of Jamaica.*
These papers breathed the same ardent love of liberty, con
tained the same dignified sentiments, evinced the same deter
mined purpose of soul, and the same consciousness of the justice
of their cause, as those of the former session. Nor were they
couched in language, less bold and energetic, on the subject of
their rights, or less affectionate towards those, to whom they were
addressed. The endearing appellation of" friends, countrymen, and breth
ren," was used towards the people of Great Britain ; and they
were entreated by these, and every other appellation, that might
designate the ties which bound them together, seriously to attend
to their second attempt, to prevent their dissolution.
After again recapitulating former injuries, and stating the re
cent acts of hostility by the wanton destruction of their lives, as
well as property, they seriously ask, " whether the descendants of
* Note 19.

OF THE UNITED STATES. 331
Britons could tamely submit to this ? No," they add, " we never
will — while we revere the memory of our gallant and virtuous an
cestors, we never can surrender those glorious privileges, for
which they fought, bled, and conquered." " Admit," they tell
them, " that your fleets and armies can destroy our towns, and
ravage our coasts ; these are inconsiderable objects, things of no
moment to men, whose bosoms glow with the ardor of liberty.
We can retire beyond the reach of your navy, and without any
sensible diminution ofthe necessaries of life, enjoy a luxury, which,
from that period, you will want, the luxury of being free." They
again repel the charge of aiming at independence.
" Our enemies charge us with sedition. In what does it con
sist ? In our refusal to submit to unwarrantable acts of injustice
and cruelty ? If so, show us a period in your history, in which
you have not been equally seditious."
" We are accused of aiming at independence ; but how is this
accusation supported ? By the allegations of your ministers, not
by our actions. Abused, insulted, and contemned, what steps
have we pursued to obtain redress ? We have carried our duti
ful petitions to the throne. We have applied to your justice for
relief. We have retrenched our luxury, and withheld our trade."
" The advantages of our commerce were designed as a com
pensation for your protection : when you ceased to protect, for
what were we to compensate ?"
" What has been the success of our endeavors ? The clemency
of our sovereign is unhappily diverted ; our petitions are treated
with indignity ; our prayers answered by insults. Our applica
tion to you remains unnoticed, and leaves us the melancholy ap
prehension of your wanting either the will, or the power to assist
us." " Even under these circumstances, what measures have we
taken that betray a desire of independence ? Have we called in
the aid of those foreign powers, who are the rivals of your gran
deur ? When your troops were few and defenseless, did we take
advantage of their distress and expel them our towns ? Or have
we permitted them to fortify, to receive new aid and to acquire
additional strength ?"

332 POLITICAL AND CIVIL HISTORY
" Let your enemies and ours persuade you, that in this we
were influenced by fear or any other unworthy motive. The
lives of Britons are still dear to us. They are the children of our
parents, and an uninterrupted intercourse of mutual benefits had
knit the bonds of friendship. When hostilities were commenced,
when, on a late occasion we were wantonly attacked by your
troops, though we repelled their assaults and returned their blows,
yet we lamented the wounds they obliged us to give ; nor have
we yet learned to rejoice at a victory over Englishmen."
" As we wish not to color our actions, or disguise our thoughts,
we shall, in the simple language of truth, avow the measures we
have pursued, the motives upon which we have acted, and our fu
ture designs."
" When our late petition to the throne produced no other ef
fect than fresh injuries, and votes of your legislature, calculated
to justify every severity ; when your fleets and your armies were
prepared to wrest from us our property, to rob us of our liberties
or our lives ; when the hostile attempts of general Gage evinced
his designs, we levied armies for our security and defense. When
the powers vested in the governor of Canada, gave us reason to
apprehend danger from that quarter ; and we had frequent inti
mations, that a cruel and savage enemy was to be let loose upon
the defenseless inhabitants of our frontiers ; we took such meas
ures as prudence dictated, as necessity will justify. We possessed
ourselves of Crown Point and Ticonderoga. Yet give us leave
most solemnly to assure you, that we have not lost sight of the ob
ject we have ever had in view, a reconciliation with you on con
stitutional principles, and a restoration of that friendly intercourse,
which to the advantage of both, we till lately maintained."
After reminding them, that the loss of liberty in America,
would be only a prelude to its loss in Great Britain, they conclude,
'' a cloud hangs over your head and ours — ere this reaches you,
it may probably burst upon us ; let us then, (before the remem
brance of former kindness is obliterated,) once more repeat these
appellations, which are ever grateful to our ears ; let us entreat
heaven, to avert our ruin, and the destruction, that threatens our

OF THE UNITED STATES. 333
friends, brethren, and countrymen on the other side of the At
lantic."* To the king, they again spoke the language of loyalty
and affection.! " Attached," they say, " to your majesty's per
son, family, and government, with all the devotion that principle
and affection can inspire ; connected with Great Britain by the
strongest ties that can unite societies, and deploring every event
that tends, in any degree, to weaken them ; we solemnly assure
your majesty, that we, not only, most ardently desire the former
harmony between her and these colonies, may be restored ; but
that a concord may be established between them, upon so film a
basis, as to perpetuate its blessings, uninterrupted by any future
dissentions, to succeeding generations in both countries, and to
transmit your majesty's name to posterity, with that signal and
lasting glory, that has attended those illustrious personages, whose
virtues and abilities have extricated states from dangerous con
vulsions, and by securing happiness to others, have created the
most noble and durable monuments to their own fame."
Assuring his majesty, they required no terms inconsistent with
the dignity or welfare of the British empire, they conclude, by
earnestly submitting to him the expediency, of directing some
mode, by which a happy and permanent reconciliation might be
effected. This address was sent by the hands of Mr. Penn.
Having thus made their last appeal to the king, and their fel
low subjects in Great Britain, the members of the national legis
lature, with singular unanimity, proceeded to place their country
in a state of defense, by raising and organizing an army, and ap
pointing the necessary military officers. On the 15th of June,
George Washington, by the united voice of congress, was ap
pointed commander in chief of the army then raised, or to be rai
sed for the defense of American liberty. This appointment he
the next day accepted, standing in his place, in the hall of con
gress, with his characteristic modesty, diffidence, and disinterest
edness, in the following address to the president.
* This address, it is said, was from the pen of R. H, Lee.
f This address was drawn by Mr. Dickinsorj. Note 20.
Vol. I. 43

334 POLITICAL AND CIVIL HISTORY
" Though I am truly sensible of the high honor done me, in
this appointment, yet I feel great distress, from a consciousness
that my abilities and military experience may not be equal to the
extensive and important trust : However, as the congress desire
it, I will enter upon the momentous duty, and exert every power
I possess in their service, and for the support of the glorious
cause. I beg they will accept my most cordial thanks for this
distinguished testimony of their approbation."
" But lest some unlucky event should happen, unfavorable to
my reputation, I beg it may be remembered, by every gentleman
in the room, that I this day declare with the utmost sincerity, I do
not think myself equal to the command I am honored with."
" As to pay, sir, I beg leave to assure the congress, that as no
pecuniary consideration could have tempted me to accept this
arduous employment, at the expense of my domestic ease, and
happiness, I do not wish to make any profit from it. I will keep
an exact account of my expenses. These I doubt not, they will
discharge, and that is all I desire."
Having thus placed one of their own body, a gentleman of am
ple fortune, and great distinction, in a situation so new, so re
plete with difficulties and dangers ; having called him to be
principal, in support of a cause, in which, in case of failure, not
only his fortune, but his life, must be the certain forfeiture ; those
patriots did not leave him, without the most solemn pledge of
their support. With his commission, they presented him a reso
lution, declaring, that they would maintain him, and assist him,
and adhere to him, with their lives a.ndfortunes, in the same cause.
With respect to instructions for the conduct of the commander ;
in the untried scenes before them congress could do little more
than direct him, as the Roman senate formerly did their consuls
in times of danger, to take care " that the republic should re
ceive no detriment." In their letter to him on this subject, they
say, " And whereas all particulars cannot be foreseen, nor posi
tive instructions for such emergencies, so before hand given, but
that many things must be left to your prudent and discreet man
agement, as occurrences may arise upon the place, or from time

OF THE UNITED STATES. 335
to time befal — you are therefore, upon all occasions that may hap
pen, to use your best circumspection ; and advising with your
council of war, to order and dispose of the army under your com
mand, as may be most advantageous for attaining the end, for
which these forces have been raised, making it your special care,
in the discharge ofthe great trust committed unto you, that the
liberties of America receive no detriment."*
The novel situation, in which the people of America were now
placed, rendered it peculiarly proper for them, to declare to the
world, the causes which led them, to take up arms. This was
done by their representatives on the 6th of July.
Having stated the various acts of the British parliament, in
violation of their rights, and the hostile proceedings of the ad
ministration to enforce them, they observe, " We are reduced
to the alternative of choosing between unconditional submission
to the tyranny of irritated ministers, or resistance by force. The
latter is our choice. We have counted the cost of this contest,
and find nothing so dreadful, as voluntary slavery. Honor, jus
tice and humanity forbid us, tamely to surrender that freedom,
which we received from our gallant ancestors ; and which our
innocent posterity have a right to receive from us. We cannot
endure the infamy and guilt of resigning succeeding generations
to that wretchedness, which inevitably awaits them, if we basely
entail hereditary bondage upon them."
" Our cause is just — our union is perfect — our internal resour
ces are great, and, if necessary, foreign assistance is undoubtedly
attainable. We gratefully acknowledge, as signal instances of
the divine favor towards us, that his providence would not permit
us to be called into this severe controversy, until we were grown
to our present strength, had been previously exercised, in warlike
operations, and possessed of the means of defending ourselves.
With hearts, fortified with these animating reflections, we most
solemnly, before God and the world, declare, that exerting the
utmost energy of those powers, which the beneficent creator,
hath graciously bestowed upon us, the arms we have been com-
* Secret Journals of Congress, vol. 1, p. 18.

33G POLITICAL AND CIVIL HISTORY
pelled, by our enemies, to assume, we will in defiance of every
hazard, with unabating firmness and perseverance, employ for
the preservation of our liberties ; being with one mind resolved,
to die freemen, rather than to live slaves. Lest this declaration
shall disquiet the minds of our friends and fellow subjects, in any
part of the empire, we assure them, that we mean not to dissolve
that union, which has so long and so happily subsisted between
us, and which we sincerely wish to see restored. Necessity has
not yet driven us to that desperate measure, or induced us to ex
cite any other nation to war against them. We have not raised
armies, with ambitious designs, of separating from Great Britain,
and establishing independent states. We fight not for glory or
for conquest. We exhibit to mankind, the remarkable spectacle
of a people, attacked by unprovoked enemies, without any impu
tation or even suspicion of offense. They boast of their privi
leges and civilization, and yet proffer no milder conditions, than
servitude or death. In our own native land, in defense of the
freedom, that is our birth right, and which we ever enjoyed till the
late violation of it, for the protection of our property, acquired
solely by the honest industry of our forefathers and ourselves,
against violence actually offered, we have taken up arms. We
shall lay them down, when hostilities shall cease, on the part of
the aggressors, and all danger of their being renewed, and not
before." "With an humble confidence in the mercies of the supreme
and impartial judge and ruler of the universe, we most devoutly
implore his divine goodness, to protect us happily, through this
great conflict, to dispose our adversaries to reconciliation, on
reasonable terms, and thereby relieve the empire from the calam
ities of civil war."*
General Washington arrived at Cambridge near Boston, on
the 2d of July, and took command of the American army. On
his way there, he was received with the congratulations of the
people, in all the places through which he passed, and on his arri
val, was welcomed by an affectionate address from the provincial
* This was drawn, it is said, by John Ditkinson.

OF THE UNITED STATES. 337
convention of Massachusetts. Congress not only prepared for
defense, by regular enlistments, but recommended, that all effec
tive men in every colony, between sixteen and fifty, be formed
into a regular militia, be well armed and disciplined, and that
one fourth part of them, be selected for minute men, to be ready
to march at the shortest notice. They, also, recommended, to
each colony, to appoint a committee of safety, to superintend
and direct all matters necessary, for the security and defense of
the respective colonies, in the recess of the assemblies or con
ventions. ' These recommendations had the force of laws. The militia
were formed, armed and disciplined, and committees of safety
appointed, with ample powers. Congress, likewise, prohibited
all exportations to Quebec, Nova Scotia, the islands of St. John
and Newfoundland, Georgia, and East and West Florida ; and
ordered, that no provisions of any kind, be furnished the British
fisheries on the American coasts. The conciliatory plan of lord
North, did not pass unnoticed by congress.
This plan was sent to the colonies, accompanied by a cir
cular from lord Dartmouth, of the 3d of March, in which, its ob
ject as well as the views of the ministry in relation to it, are ex
plained. " The resolution," says the British Secretary, " neither
points out what the civil establishment should be, nor demands
any specific sum in aid of the public burdens. In both these re
spects it leaves full scope for that justice and liberality, which
may be expected from colonies, that under all their prejudices
have never been wanting for expressions of an affectionate at
tachment to the mother country and a zealous regard for the
general welfare of the British empire ; and, therefore, the king
trusts that the provision they will engage to make for the sup
port of civil government, will be adequate to the rank and station
of every necessary officer, and that the sum to be given in con
tribution to the common defense, will be offered on such terms,
and proposed in such a way as to increase or diminish according
as these public burdens consist of taxes or duties, which are not
a security for the national debt. By such a mode of contribu-

§38 POLITICAL AND CIVIL HISTORY
tion, the colonies will have full security, that they can never be
required to tax themselves, without parliament's taxing the sub
jects of this kingdom, in a far greater proportion. And there can
be no doubt, that any proposition of this nature, made by any of
the colonies, and accompanied with such a state of their facidties
and abilities as may evince the equity of the proposal, will be re
ceived with every possible indulgence ; provided it be, at the
same time, unaccompanied with any declarations, and unmixed
with any claims, which will make it impossible for the king, con
sistent with his own dignity, or for parliament consistent with
their constitutional rights, to receive it."
The secretary in the same letter, after stating that a compli
ance on the part of the colonies, was presumed as an evidence of
their loyalty, &c. thus concludes — " at the same time, his majes
ty considers himself as bound by every tie, to exert those means
the constitution has placed in his hands, for preserving that con
stitution, and to resist with firmness every attempt to violate the
rights of parliament, to distress and obstruct the lawful commerce
of his subjects, and to encourage in the colonies, ideas of inde
pendence inconsistent with their connection with this kingdom."*
The assemblies to which this plan was submitted, and some
of which, particularly the assembly of Virginia, expressly disap
proved of it, referred the same to the ultimate decision of con
gress. Lord North desirous to convince the members of that bo
dy, that the terms contained in his proposition, were safe for the
colonies, and that no other, could be expected ; and yet unwil
ling to have any direct communication, with such an illegal as
sembly, drew up a sort of diplomatic statement, which he sent,
by a private hand, with a request that it might be laid before
congress. This statement, which was in the hand writing of Grey
Cooper, an under secretary of the treasury, was placed in the
hands of one of the delegates, and on the 30th of May, was by
him submitted to congress, was read, and ordered to lie on the
table. The purport of it, was, " that it is earnestly hoped, by all
the real friends of the Americans, that the terms expressed in the
* Governor Trumbull's Papers.

OF THE UNITED STATES. 339
resolutions of the 20th of February last, will be accepted by all
the colonies, who have the least affection for their king and coun
try, or a just sense of their own interest."
" That these terms, are honorable for Great Britain, and safe
for the colonies."
" That if the colonies are not blinded by faction, these terms
will remove every grievance, relative to taxation, and be the basis
of a compact between the colonies and the mother country.
That the people in America, ought, on every consideration, to
be satisfied with them."
" That no further relaxation can be admitted. The temper
and spirit of the nation are so much against concessions, that if it
Was the intention of administration, they could not carry the ques
tion. But the administration have no such intention, as they are
fully persuaded that further concessions would be injurious to the
colonies, as well as to Great Britain. That there is not the least
probability of a change of administration. That they are per
fectly united in opinion, and determined, to pursue the most ef
fectual measures, and to use the whole force of the kingdom, if it
be found necessary, to reduce the rebellious and refractory pro
vinces and colonies. There is so great a spirit in the nation,
against the congress, that the people will bear the temporary dis
tresses of a stoppage of the American trade. They may depend
on this to be true."*
This diplomatic communication from the prime minister, did
not convince the American senate, that it was consistent with the
interest or safety of the colonies, to accept the offered terms ; nor
were they intimidated, by the threats of the administration, in
case of refusal. The offer was alluded to, in their declaratory
manifesto, as an insidious measure, calculated to divide the colo
nies. The subject was afterwards referred to a committee, consisting
of four of the most distinguished men in congress, Dr. Franklin,
Mr. Jefferson, John Adams, and Mr. Lee. On the report of this
committee, congress, on the 31st of July, rejected the terms, as
* Journals of Congress, vol. 1, p. 103.

340 POLITICAL AND CIVIL HISTORY
unreasonable, insidious, and unsatisfactory. They declared,
'' that the colonies of America are entitled to the sole and exclu
sive privilege of giving and granting their own money : that this
involves a right of deliberating whether they will make any gift.
for what purposes it shall be made, and what shall be its amount ;
and that it is a high breach of this privilege, for any body of men,
extraneous to their constitutions, to prescribe the purposes for
which money shall be levied on them, to take to themselves the
authority of judging of their conditions, circumstances, and situ
ations, and of determining the amount of the contribution to be
levied." " That as the colonies possess a right of appropriating their
gifts, so are they entitled at all times to inquire into their appli
cations, to see that they be not wasted among the venal and cor
rupt for the purpose of undermining the civil rights of the givers,
nor yet be diverted to the support of standing armies, inconsistent
with their freedom and subversive of their quiet. To propose,
therefore, as this resolution does, that the monies given by the col
onies shall be subject to the disposal of parliament alone, is to
propose that they shall relinquish this right of inquiry, and put it
in the power of others to render their gifts ruinous, in proportion
as they are liberal."
" That this privilege of giving or of withholding our monies, is
an important barrier against the undue exertion of prerogative,
which, if left altogether without control, may be exercised to our
great oppression ; and all history shows how efficacious is its in
tercessions for redress of grievances and re-establishment of rights,
and how improvident it would be to part with so powerful a me
diator." " We are of opinion that the proposition contained in this re
solution is unreasonable and insidious : unreasonable, because, if
we declare we accede to it, we declare, without reservation, we
will purchase the favor of parliament, not knowing at the same
time at what price they will please to estimate their power ; it is
insidious, because, individual colonies, having bid and bidden
again, till they find the avidity ofthe seller too great for all their

OF THE UNITED STATES. 341
powers to satisfy ; are then to return into opposition, divided
from their sister colonies whom the minister will have previously
detached by a grant of easier terms, or by an artful procrastina
tion of a definitive answer."
" That the suspension of the exercise of their pretended power
of taxation being expressly made commensurate with the contin
uance of our gifts, these must be perpetual to make that so.
Whereas no experience has shown that a gift of perpetual re
venue secures a perpetual return of duty, or of kind disposition.
On the contrary, the parliament itself, wisely attentive to this ob
servation, are in the established practice of granting their sup.
plies from year to year only."
" Desirous and determined, as we are, to consider, in the most
dispassionate view, every seeming advance towards a reconcilia
tion made by the British parliament, let our brethren of Britain
reflect, what would have been the sacrifice to men of free spirits,
had even fair terms been proffered, as these insidious proposals
were with circumstances of insult and defiance. A proposition
to give our money, accompanied with large fleets and armies,
seems addressed to our fears rather than to our freedom. With
what patience would Britons have received articles of treaty from
any power on earth when borne on the point of the bayonet by
military plenipotentiaries ? We think the attempt unnecessary
to raise upon us by force or by threats our proportional contribu
tions to the common defense, when all know, and themselves ac
knowledge, we have fully contributed, whenever called upon to
do so in the character of freemen."
" We are of opinion, it is not just that the colonies should be
required to oblige themselves to other contributions, while Great
Britain possesses a monopoly of their trade. This of itself lays
them under heavy contribution. To demand, therefore, addition
al aids in the form of a tax, is to demand the double of their equal
proportion — if we are to contribute equally with the other parts
of the empire, let us equally with them enjoy free commerce with
the whole world. But while the restrictions on our trade shut to
Vol. I. .-¦''-•'-:• J :¦ . 44.

342 POLITICAL AND CIVIL HISTORY
us the resources of wealth, is it just we should bear all other bur*
dens equally with those to whom every resource is open ?"
" We conceive that the British parliament has no right to in
termeddle with our provisions for the support of civil government
or administration of justice. The provisions we have made, are
such as please ourselves, and are agreeable to our own circum
stances : they answer the substantial purposes of government and
of justice, and other purposes than these should not be answered.
We do not mean that our people shall be burdened with oppres
sive taxes, to provide sinecures for the idle or the wicked, under
color of providing for a civil list. While parliament pursue their
plan of civil government within their own jurisdiction, we also
hope to pursue ours without molestation."
" We are of opinion the proposition is altogether unsatisfacto
ry, because it imports only a suspension of the mode, not a re
nunciation of the pretended right to tax us : becaus°, too, it
does not propose to repeal the several acts of parliament, pass
ed for the purpose of restraining the trade, and altering the form
of government of one of our colonies ; extending the bounda
ries and changing the government of Quebec ; enlarging the ju
risdiction of the courts of admiralty and vice admiralty ; taking
from us the right of trial by a jury of the vicinage, in cases af
fecting both life and property ; transporting us into other coun
tries to be tried for criminal offenses ; exempting, by mock trial,
the murderers of colonists from punishment ; and quartering sol
diers on us in times of profound peace."
" Nor do they renounce the power of suspending our own le
gislatures, and for legislating for us themselves in all cases what
soever. On the contrary, to show they mean no discontinuance
of injury, they pass acts, at the very time of holding out this pro
position, for restraining the commerce and fisheries of the pro
vinces of New England, and for interdicting the trade of other
colonies with all foreign nations, and with each other. This
proves unequivocally, they mean not to relinquish the exercise of
indiscriminate legislation over us."
" Upon the whole, this proposition seems to have been held up
to the world, to deceive it into a belief that there was nothing in

&

OF THE UNITED STATES. 343
dispute between us but the mode of levying taxes ; and that the
parliament having now been so good as to give up this, the colo
nies are unreasonable if not perfectly satisfied : whereas, in truth,
our adversaries still claim a right of demanding ad libitum, and
of taxing us themselves to the full amount of their demand, if
we do comply with it. This leaves us without any thing we can
call property. But what is of more importance, and what in this
proposal they keep out of sight, as if no such point was now in
contest between us, they claim a right to alter our charters and
establish laws, and leave us without any security for our lives or
liberties. The proposition seems also to have been calculated
more particularly to lull into fatal security, our well affected fel
low subjects on the other side the water, till time should be giv
en for the operation of those arms, which a British minister pro
nounced would instantaneously reduce the ' cowardly' sons of
America to unreserved submission. But when the world reflects,
how inadequate to justice are these vaunted terms ; when it at
tends to the rapid and bold succession of injuries, which, during
the course of eleven years, have been aimed at these colonies ;
when it reviews the pacific and respectful expostulations, which,
during that whole time, were the sole arms we opposed to them ;
when it observes that our complaints were either not heard at
all, or were answered with new and accumulated injuries ; when
it recollects that the minister himself, on an early occasion, de
clared, ' that he would never treat with America till he had
brought her to his feet,' and that an avowed partisan of ministry
has more lately denounced against us the dreadful sentence, ' de-
lenda est Carthago ;' that this was done in presence of a Brit
ish senate, and being unreproved by them, must be taken
to be their own sentiment ; (especially as the purpose has
already, in part, been carried into execution, by their treatment
of Boston and burning of Charlestown ;) when it considers the
great armaments with which they have invaded us, and the cir
cumstances of cruelty with which these have commenced and
prosecuted hostilities ; when these things, we say, are laid to
gether, and attentively considered, can the world be deceived in-

344 " POLITICAL AND CIVIL HISTORY
to an opinion that we are unreasonable, or can it hesitate to be
lieve us, that nothing but our own exertions may defeat the min
isterial sentence of death or abject submission."
Though few, if any, in America, would have accepted the terms
offered by the British ministry ; yet it was still the general wish
of the Americans, that some terms of accommodation, mutually
satisfactory, might prevent a civil war.
The provincial convention of New York, in June of this year,
drew up a. plan of conciliation, which they sent to their delegates
in congress.
In communicating it, they declared^ it" should not be obligato
ry on them, " the same being," as they observed, " to testify their
sense of a mode, by which the unhappy differences, between
Great Britain and America, may be finally accommodated, and
of the propriety of an overture for that purpose."
They informed their delegates, at the same time, that " deep
ly impressed with the importance, the utility, and necessity of an
accommodation with their parent state, and conscious that the
best service they could render, to the present and future genera
tions, consisted in promoting it, they had labored, without in
termission, to point out such moderate terms, as might tend to
reconcile the unhappy differences, which threatened the whole
empire with destruction."
The plan of this convention, which we have never yet seen
published, was contained in eight articles, and the substance
of it was —
That all the statutes and parts of statutes of parliament, which
were mentioned in the non-importation agreement of congress
and all the statutes, passed since then, restraining the trade and
fisheries of the colonies, should be repealed.
That from the necessity of the case, Great Britain should
regulate the trade of the whole empire, for the general benefit
of the whole, but not for the separate interest of any particular
part. That the powers of taxation should be confined to the coloni
al legislatures.

OF THE UNITED STATES. 345
That the monies raised, as duties upon the regulations of trade,
should be paid, into the colony treasuries, and be subject to the
disposal of the colonial assemblies.
That in those colonies, whose representatives in general as
semblies, were chosen for a greater term than three years, such
assemblies, should not in future, in their duration exceed that
time. That the colonists were willing and ready to support civil gov
ernment, within their respective colonies ; and on requisitions,
to assist, in the general defense of the empire, in as ample man
ner as their respective abilities would admit.
That the colonies were willing to assent to a general congress,
deputed by the several colonies, to meet with a president, ap
pointed by the crown, for the purpose of raising and apportion
ing the general aids ; upon application made by the crown, ac
cording to the advice of the British parliament, to be judged by
the congress.
That the colonies respectively, were entitled to. a free and ex
clusive power of legislation in all cases of internal polity what
soever, and subject only to the negative of the sovereign, in such
manner as had been heretofore accustomed.*
This plan was never submitted to congress, by the delegates
from New York ; but the same, with others ofa similar tendency
were subjects of conversation, among individual members.
During this session, Dr. Franklin, also, sketched a plan of re
conciliation, which was shown to many of the delegates, though
it never came under the consideration of congress. The purport
of it was, that while Great Britain retained the monopoly of
American commerce, no taxes or aids should be required, in time
of peace ; but in time of war, the colonies to grant aids, as usual.
But, in case Great Britain would abolish her commercial monop
oly, and permit the colonies, a free trade with all the world, that
the colonies should pay into the sinking fund, one hundred thou
sand pounds sterling, per annum, for one hundred years. If
Great Britain did not think fit to accept of this, to avoid all fu-
* Records of the Convention ef New York.

346 POLITICAL AND CIVIL HISTORY
ture disputes, about the right of passing navigation acts and
other acts, for regulating American commerce, and to remove
her jealousies that the colonists aimed at independence, the col
onies should enter into a covenant with Great Britain, that she
should possess and exercise that right, for one hundred years to
come ; the same being bona fide used, for the common benefit ;
and in case of such agreement, that every assembly confirm it,
by acts of their own.
Massachusetts had now been, without a regular government,
about twelve months ; and yet during this time, the people of
that colony, had been called upon from their peculiar situation,
to raise an army, borrow money, emit bills of credit, and to ex
ercise many other acts of sovereignty.
Sensible of the importance and necessity of a more regular
and stable government, the convention of that colony, on the
16th of May, requested " the explicit advice of congress, respect
ing the taking up and exercising the power of civil government,"
declaring their readiness to submit to such form as they might
direct. In answer to this request, congress, on the 9th of June,
recommended to the convention, to call upon the inhabitants of
the several places, which were entitled to be represented in the
assembly, to choose representatives ; and that the assembly,
when chosen, elect councillors ; and that such assembly and
council, exercise the powers of government, until a governor of
his majesty's appointment, would consent to govern the colony,
according to its charter. This advice was followed, until a
regular state constitution was adopted.
It was necessary to provide means for defraying the expenses,
to be incurred in their preparations for defense ; and this subject
claimed the early attention of congress. Deprived, in a great
measure, of all commercial intercourse with other parts of the
world, a paper medium was their only resource.
To place this upon a footing, to command public confidence,
and to secure it from depreciation, was an object of no less im
portance than difficulty. And we think proper here to state, that
this subject, did not escape the notice of the Convention of New-

OF THE UNITED STATES. 347
York, the members of which were well acquainted with financial
as well as commercial concerns. Aware that recourse must be had
to a paper currency to be issued by congress, or by the colonies,
the convention of that province, on a report of a committee ap
pointed on this subject, about the last of May, suggested three
modes of issuing this paper. First, that each colony should issue,
for itself, the sum, which might be apportioned to it by congress
— the second, that the united colonies, should issue the whole sum
necessary, and each colony become bound, to sink its proportion
able part — and the third, that congress should issue the whole
sum, every colony to be bound to discharge its proportion, and
the united colonies, be obligated to pay that part, which any
colony should fail to discharge. The last mode was preferred
by the convention, " as affording higher security to those who
should receive it, and of consequence obtain a more ready, gene
ral and confidential circulation ; " and also " because it would be
a new bond of union to the associated colonies."*
This last mode, was substantially adopted by congress, and in
the course of the session, three millions of dollars were issued in
bills of credit ; for the redemption of which, the faith of the con
federated colonies, was pledged. This sum was apportioned
among the colonies, according to the supposed number of inhab
itants, including negroes and mulattoes, and each colony was to
pay its proportion, in four equal annual payments, the first, by
the last day of November 1779, and the fourth by the last of No
vember 1782. The several colonial assemblies or conventions
were to provide by taxes, for sinking their proportions of the
bills *, and the bills themselves to be received, in payment for such
taxes. Two general treasurers were appointed, and it was recom
mended to each colony to appoint a treasurer.
The association of the colonies was complete, by the accession
of Georgia, in July of this year.
During this session, Dr. Franklin, no doubt aware from his
knowledge of the views of the British cabinet, that there was
* Records ofthe New York Convention.

348 POLITICAL AND CIVIL HISTORY
little or no prospect of an accommodation, submitted to the con
sideration of congress, articles of confederation and union among
the colonies. These, though not acted upon definitively by con
gress, were made public and have been considered by some, who
have given an account of the American revolution, as containing
the plan of union adopted by congress, and submitted to the
colonies, for their approbation.*
On the first of August, congress adjourned, to meet on the 5th
of the following September.
After the commencement of hostilities in Massachusetts, the
disputes between the royal governors and the colonists, became
more serious. In most of the royal governments, me people took
possession of the public arms and ammunition, and even the
public money ; and assumed the powers of government. Con
ventions were held, and in addition to committees of safety, asso
ciations were entered into, and signed by the inhabitants, for the
security and preservation of their rights, and for the maintenance
of peace and good order among them ; and in all the colonies
measures of defense were adopted.
Notwithstanding these proceedings, the views of the colonists
did not yet extend to a separation from Great Britain, or the
establishment of independent governments, except in the last
extremity. This is evinced, not only by the declarations of congress, but
from the proceedings and declarations of the colonial assemblies
and conventions, in the course of this year. Some of these,
we shall bring to the notice of the reader. In August, the
plan of confederacy, submitted to congress by Dr. Franklin, in
the preceding July was, also, laid before the convention of North
Carolina — they declared, " that a confederation of the colonies,
was not, at present, eligible ; that the present association, ought
to be further relied on, for bringing about a reconciliation with
the parent country, and a further confederacy, ought only to be
adopted, in case ofthe last extremity." In September following,
the same convention, in an address to the inhabitants of the
* See Otis's Botta vol. 1 p. 224.

OF THE UNITED STATES. 349
British empire, used still stronger language, on this subject. "We
again declare," they say, " that we invoke that Almighty Being,
who searches the recesses of the human heart, and knows our
most secret intentions, that it is our most earnest wish and prayer,
to be restored, with the other united colonies, to that state, in
which we and they were placed, before the year 1763 ; disposed
to glance over any regulations, which Britain had made, previous
to this, and which seem to be injurious and oppressive to those
colonies ; hoping, that at some future day, she will willingly in
terpose, and remove from us, any cause of complaint."
While the convention of Virginia, which met on the 18 th of
July, proceeded to place that colony in a state of defense, and
to give their reasons for this measure; they "before God and
the world," made the following declaration, " We do bear faith
and true allegiance to his majesty, and will, so long as it may be
in our power, defend him and his government, as founded on the
laws and well known principles of the constitution : we will, to
the utmost of our power, endeavor, by every honorable means,
to promote a restoration of that friendship and amity, which so
long and so happily subsisted between our fellow subjects in
Great Britain, and the inhabitants of America ; and as on the
the one hand, we are determined to defend our lives and proper
ty, and maintain our just rights and privileges, at even the ex
tremest hazard, so, on the other hand, it is our fixed and unal
terable resolution, to disband such forces, as may be raised in
this colony, whenever our dangers are removed, and America is
restored, to its former state of tranquility and happiness."
" We declare," said the members of the South Carolina con
vention, in their address to their new governor, lord William
Campbell, " that no love of innovation, no desire of altering the
constitution of government, no lust of independence, have had
the least influence upon our counsels ; but alarmed and roused,
by a long succession of arbitrary proceedings, by wicked admin
istrations, impressed with the greatest apprehensions of instigated
insurrections, and deeply affected by the commencement of hos
tilities, by the British troops against this continent ; solely for the
preservation and in defense of our lives, liberties, and property
Vol. I. 45

350 POLITICAL AND CIVIL HISTORY
we have been impelled, to associate and take up arms. We only
desire the same enjoyment of our invaluable rights, and we wish
for nothing more ardently, than a speedy reconciliation with our
mother country, upon constitutional principles."
" Conscious," they added, " of the justice of our cause,, and
the integrity of our views, we readily profess oui loyal attach
ment to our sovereign, his crown and dignity ; and trusting the
event to Providence, we prefer death to slavery."*
Though the assembly of Pennsylvania, in the instructions to
their delegates to congress, in November, declared that the op
pressive measures of the British parliament and administration,
had compelled them to resist their violence, by force of arms ;
yet they strictly enjoined them, in behalf of that colony, " to disr
sent from, and reject any proposition, should such be made, that
may cause or lead to a separation from the mother country, or a
change in the form of their government."
The delegates of Maryland, were, also, instructed not to assent,
without the previous knowledge and approbation of the conven
tion of that province, to any proposition, to declare these colo
nies independent of the crown of Great Britain, unless a majority
of them, should judge it absolutely necessary, for the preservation
of the liberties of the united colonies.! The governor of New
Jersey, having, in his address to the assembly, declared, " that
sentiments of independency were, by some, of present conse
quence, openly avowed, and that essays were already appearing,
in the public papers, to ridicule the people's fears of that hor
rid measure ;" the house in answer said, " there is nothing we
desire with greater anxiety, than a reconciliation with our parent
state, on constitutional principles. We know of no sentiments
of independency, that are, by men of any consequence, openly
avowed ; nor do we approve of any essays, tending to encour
age such a measure."
" We have already expressed our detestation of such opinions,
and we have, so frequently and freely, declared our sentiments,
on this subject, that we should have thought ourselves, as at
* Ramsay's South Carolina, vol. 1, p. 240.
t Life of Stone, in Biography of the Signers to Declaration of Independence, vol. 9,
158.

OF THE UNITED STATES. 351
present, we really deserve to be exempt from all suspicion of this
nature." The provincial convention of New York, in December, declar
ed, that " the turbulent state of that colony, did not arise from
a want of attachment to the king, from a desire to become in
dependent of the British crown, or a spirit of opposition, to the
ancient and established form of government to which they had
been subjected ; but solely from the oppressive acts of the Brit
ish parliament, directed to enslaving the colonies, and the hostile
attempts of the ministry, to carry these acts into execution."*
The people of New Hampshire, in establishing a new govern
ment, in January 1776, declared, "we conceive ourselves re
duced to the necessity of establishing a new form of government,
to continue during the present unhappy, and unnatural contest
with Great Britain ; protesting and declaring, that we never
sought to throw off our dependence on Great Britain, but felt
ourselves happy, under her protection, whilst we could enjoy our
constitutional rights and privileges ; and that we shall rejoice, if
such a reconciliation between us and our parent state, can be
effected, as shall be approved by the continental congress, in
whose prudence and wisdom we confide.!"
The proceedings and resolutions of a number of persons, in the
county of Mecklenburgh, North Carolina, in May, 1775, were,
indeed of a different character, from those we have just mention
ed, and ought not to pass unnoticed. Two delegates from every
company of militia in that county, met at Charlotte, on the 1 9th
of May, to take into consideration the existing state of things,
and in the two following resolutions, anticipated congress on the
great question of independence : —
" Resolved, That we the citizens of Mecklenburgh county, do
hereby dissolve the political bands, which have connected us to
our mother country, and hereby absolve ourselves from all alle
giance to the British crown, and abjure all political connection,
contract or association, with a nation which has wantonly trampled
on our rights and liberties, and inhumanly shed the innocent
blood of American patriots at Lexington."
* New York State Records. .] Belknap's New Hampshire, vol. 2, p. 402.

352 POLITICAL AND CIVIL HISTORY
" Resolved, That we do hereby declare ourselves a free and
independent people, are and of right ought to be, a sovereign
and self-governing association, under the control of no power, oth
er than that of God, and the general congress ; to'the maintenance
of which independence, we solemnly pledge to each other our
mutual co-operation, our lives, our fortunes and our most sacred
honor."* This was the boldest measure taken by any set of
men, at that period of the contest. But neither the rest of the
people of North Carolina, nor those of any other colony, were
yet prepared to take this last decisive step. The declarations of
the various assemblies or conventions, above-mentioned, clearly
evince, that the colonists were, at that time, willing to return to
their ancient political state, prior to 1763 ; but were determin
ed to resist by force, the execution of all the oppressive and
unconstitutional acts passed since that period.
To resist with effect, arms were necessary, and to procure a
partial supply of these, as well as to secure an important military
post in their country, early in May 1 775, an enterprise was planned
in Connecticut, to take the fort at Ticonderoga by surprise, and
secure the military stores at that place, for the benefit of the
colonies ; and was immediately carried into execution. The
party for that purpose from Connecticut, was joined, by a Col.
Allen and others, then inhabiting the country, now Vermont, and
by Arnold, from the camp at Boston. The garrison, consisting
of about forty men, was surprised early in the morning ofthe 10th
of May. The commandant being ordered to surrender the fort,
asked by what authority ; Col. Allen, with his characteristic ori
ginality and boldness, answered, " in the name ofthe great Jeho
vah, and the continental congress." A large number of cannon,
a quantity of small arms and ammunition, fell into the hands of
the Americans. When the news of this transaction reached con
gress, they recommended, to the committees of New York and
Albany, to remove the cannon and stores, to the south end of
lake George ; and to erect a strong post at that place. They
also, directed an exact inventory of the cannon and military
* North American Review, vol. 12, pp. 36, 37.

OF THE UNITED STATES. 353
stores to be taken, " in order that they may be safely returned,
when the restoration of harmony, between Great Britain and
the colonies, so ardently desired by the latter, should render it
prudent and consistent, with the over-ruling law of self-preserva
tion." About the last of May, Generals Howe, Clinton and Bur-
guoyne, with reinforcements, arrived at Boston, with fresh orders,
to compel the submission of the colonists ; a work, they believed,
to be easily accomplished. The battle of Breed's Hill, soon con
vinced them, that they had to meet bold and determined spirits ;
and that they must be engaged in other scenes than those of
fishing and fowling, in which, they had flattered themselves, they
should be principally employed in America.* After this battle,
the enemy were so closely shut up in Boston, by the army under
the command of General Washington, that they were compelled,
during the remainder ofthe campaign, to limit their military ope
rations, to predatory excursions, to the islands in Boston Bay
and along the coasts of Massachusetts ; and the burning of
Falmouth, as well as Charlestown, evinced, in what manner, this
predatory warfare was carried on.
Congress again met, on the 5th of September, and entered on
the arduous duties assigned them. They were now joined by
delegates from Georgia. Aware of the intention of the British
ministry to attack the colonies, by the way of Canada, congress
resolved, if possible, to prevent this, by possessing themselves of
the fortresses in that province, before they were strengthened, by
reinforcements from England.
Though late in the season, two detachments of troops were
employed to enter Canada, one by the way of lake Champlain,
under the command of General Montgomery, the other under Ar
nold, by the river Kennebec, and through the wilderness. Gen.
Montgomery, after a severe action at St. Johns, took possession
of Montreal, and early in December, arrived before the walls
of Quebec. He here met Arnold, with a part of his troops, who
had suffered incredible hardships, from hunger and fatigue on
their march through a trackless wilderness. The brave Montgom-
* Gordon, vol. 1, p. 341.

g54 POLITICAL AND CIVIL HISTORY
ery fell, in a desperate assault upon Quebec ; and a part of his
troops were made prisoners, and the other part repulsed.
During these hostile proceedings, in Canada, the American
army before Boston, was unable to undertake offensive opera
tions, to any considerable extent, for want of ammunition ; and
great exertions were necessary to procure a supply.
The people of New England, and a majority of Congress,
were very desirous, that an attempt should be made, to take pos
session of Boston. To encourage the army in this hazardous
enterprise, congress authorised general Washington, to promise
one month's extra pay, in case of success ; and in case of failure,
the same extra pay, to the heirs of those who should fall in the
attempt.* In answer to the wishes of congress on this subject,
the general informed that body, that the attempt should be made,
as soon as there was a probability of success ; if that should not
happen so soon as they might wish, he requested them to believe,
that circumstances, and not want of inclination, were the causes
of delay ; and he added, in the same communication, "it is not in
the pages of history, perhaps, to furnish a case like ours ; to
maintain a post within musket shot ofthe enemy, for six months
together, without powder ; and at the same time, to disband one
army and recruit another, within that distance of twenty odd Brit
ish regiments, is more, probably, than was ever attempted."!
During the time of these military operations by land, privateers
were fitted out, from the ports in Massachusetts, and were active
at sea. Many of the ammunition and victualling ships, as well as
transports, and West India men, fell into the hands of the Amer
icans. During this session of congress, Peyton Randolph the
president, suddenly died at the seat of government, and John
Hancock was elected president, in his room.
Congress now deemed it necessary, to provide against the ma
chinations of domestic, as well as foreign enemies. In October
therefore, they recommended to the colonists, to arrest and se
cure every person, whose going at large, should, in their opinion
endanger the safety of the colonies, or the liberties of America
* Secret Journals of Congress, vol. 1, p. 28. t Washington's Letters, vol. 1, p. 71

OF THE UNITED STATES. 355
To secure fidelity in their own body, they, soon after, thought
it necessary, to agree that every member should consider him
self, under the ties of virtue, honor, and love of his coun
try, not to divulge, directly or indirectly, any matter agitated, or
debated in congress, before the same shall have been determined,
without leave of congress ; nor any matter determined, which a
majority of congress, should order to be kept secret. If any
member violated such agreement, he was to be expelled, and
deemed an enemy to the liberties of America, and liable to be
treated as such ; and every member was to signify his assent, to
such agreement, by signing the same.*
The want of more regular and stable governments, was now
felt in those colonies where royal governments had existed ; and
New Hampshire was the next after Massachusetts, to apply to
congress, for their advice and direction on this subject. In No
vember, congress advised the convention of that colony, to call a
full and free representation of the people ; and that the represen
tatives, if they thought it necessary, establish such a form of gov
ernment, as in their judgment, would best promote the happiness
of the people, and most effectually secure peace and good order
during the continuance ofthe dispute between Great Britain and
the colonies.
On this question the members of congress were not unanimous.
It was viewed by some, as a step necessarily leading to independ
ence ; and by some of its advocates, was, probably, intended as
such. To render the resolution less exceptionable, the duration
of the government was limited to the continuance of the dispute
with the parent country. Soon after this, similar directions and
advice were given to South Carolina and Virginia,
The last hopes of the colonists for reconciliation, rested on the
success of their second petition to the king ; and the answer of
their sovereign to this their last application, was expected, with
extreme solicitude.
Information was soon received, from Mr. Penn, who was en
trusted with the petition, that no answer would be given. This
Secret Journals of Congress, vol. 1, p. 34.

356 POLITICAL AND CIVIL HISTORY
was soon followed by an early call of parliament, and great addi
tional preparations, to subdue the American rebels.
The king in his speech at the opening of parliament, in Octo
ber, not only accused the colonists of revolt, hostility, and rebel
lion, but declared, that the rebellious war, carried on by them, was
for the purpose, of establishing, an independent empire.
To prevent this, he said, the most decisive and vigorous meas
ures were necessary. That he had increased his naval establish
ment, augmented his land forces, and had, also, taken measures
to procure the aid of foreign troops. He at the same time, de
clared his intention, of appointing certain persons, with authori
ty, to grant pardons to individuals, and to receive the submission
of whole colonies, disposed to return to their allegiance.
Large majorities in both houses, assured the king of their firm
support in his measures of reducing the colonists to obedience.
The addresses, however, in answer to the speech, were opposed
with great ability. The project of employing foreign troops, to
destroy American subjects, was reprobated by the minority, in
the strongest terms.
The plans of the ministry, however, were not only approved by
parliament, but by a large majority of the nation. The idea of
relieving their own burdens, at the expense of the colonists, could
not easily be relinquished by the people of Great Britain ; and na
tional pride, would not permit them, to yield the point of su
premacy. War was now to be waged against the colonies, and a force
sent out sufficiently powerful to compel submission, even without
a struggle ; and commissioners were to be ready to grant pardon
to the suppliants. For these purposes, the aid of parliament was
requisite. About the last of December, an act was therefore
passed, prohibiting all trade and commerce with the colonies, and
authorizing the capture and condemnation, not only, of all Ameri
can vessels with their cargoes, but all other vessels, found trad
ing, in any port or place, in the colonies, as if the same were the
vessels and effects of open enemies ; and the vessels and property
thus taken, were vested in the captors, and the crews were to be
treated, not as prisoners, but as slaves.

OF THE UNITED STATES. 357
By a most extraordinary clause in the act, it was made lawful,
for the commander of a British vessel to take the masters, crews,
and other persons, found in the captured vessels, and to put them
on board any other British armed vessel, enter their names on the
books of the same ; and from the time of such entry, such persons
were to be considered, in the service of his majesty, to all intents
and purposes, as though they had entered themselves voluntari
ly, on board of such vessel. By this means, the Americans might
be compelled to fight even against their own friends and coun
trymen. This clause in the act excited the indignation of many
in both houses of parliament, and drew from them, the strongest
epithets of reprobation. This treatment of prisoners, they de
clared, not only unjust, but a refinement in cruelty, unknown
among savage nations. No man, they said, could be despoiled
of his goods, as a foreign enemy, and at the same time, compel
led to serve the state as a citizen. That such a compulsion upon
prisoners, was unknown in any case of war or rebellion ; and
that the only example ofthe kind, that could be produced, must
be found among pirates, the outlaws and enemies of human society.
Some of the lords, in their protest against the act, described
it, " as a refinement in cruelty," which, " in a sentence worse
than death, obliged the unhappy men, who should be made cap
tives in that predatory war, to bear arms against their families,
kindred, friends, and country ; and after being plundered them
selves, to become accomplices, in plundering their brethren."
The ministry, on the other hand, viewed this treatment of Amer
ican prisoners, rather an act of grace and favor, than of injustice
or cruelty.
If they are considered, the ministers said, as alien enemies,
they were liable to close imprisonment, during the continuance
of the war ; if rebels, to punishment for treason. By putting them
on board the king's ships, they were placed on the same footing
with the great body of his subjects ; suffering no inconvenience,
to which they were not always liable, of being impressed into his
majesty's service.* * Annual Register for 1776.
Vol. I. 46

353 POLITICAL AND CIVIL HISTORY
The same act also, empowered the king, agreeably to the sug
gestion in his speech, to appoint commissioners, with authority to
grant pardon on submission, to individuals, and to colonies ; and
on such submission, to exempt them from the operation of the
act. The ministers said, that the commissioners would go to Amer
ica, with the sword in one hand, and the olive branch in the other,
and the Americans must take their choice. If they accepted the
terms, they would at once, liberate themselves from the supposed
injustice and cruelty of the measure.
The passage of this act, shut the door against the application
of the colonies for a reconciliation. The last petition of con
gress to the king, had indeed been laid before parliament, but
both houses refused to hear it, or even to treat, upon any pro
position coming from such an unlawful assembly, or from those
who were then in arms against their lawful sovereign.
In the house of lords, on motion of the duke of Richmond,
Mr. Penn was examined on American affairs. He stated, among
other things, that the colonists were desirous of reconciliation,
and did not aim at independence ; that they were disposed to
conform to the acts regulating their trade, but not to taxation ;
that on this point, a spirit of resistance was universal. After this
examination, the duke of Richmond moved a resolution, declar
ing that the petition of congress to the king, was a ground for
a reconciliation of the differences between the two countries.
This motion was negatived, after a warm debate, eighty six to
thirty three.* These proceedings of the king and parliament,
with the employment of sixteen thousand foreign mercenaries,
convinced the leading men in each colony, that the sword alone
must decide the contest ; and that the colonists must now declare
themselves totally independent of Great Britain.
Time, however, was still requisite, to convince the great mass
of the American people, of the necessity of a complete separa
tion from their parent country, and the establishment of inde
pendent governments. The ablest pens were employed through-
* Annual Register for 1776.

OF THE UNITED STATES. 359
out America, in the winter of 1776, on this momentous subject.
The propriety and necessity of the measure, was enforced in the
numerous gazettes, and in pamphlets. Among the latter, Com
mon Sense, from the popular pen of Thomas Paine, produced
a wonderful effect in the different colonies, in favor of independ
ence. Influential individuals, in every colony, urged it as a step
absolutely necessary, to preserve the rights and liberties, as well
as to seeure the happiness and prosperity of America. Recon
ciliation, they said, on any terms, compatible with the preserva
tion and security of these great and important objects, was now
impossible. These sentiments were disseminated among the
people, by distinguished individuals, in a variety of ways. The
chief justice of South Carolina, Willam Henry Drayton, appoint
ed under the new form of government just adopted, in his charge
to the grand jurors in April, after justifying the proceedings of
that colony in forming a new government, on the principles of
the revolution in England in 1688, thus concludes, " I think it
my duty to declare, in the awful seat of justice, and before Al
mighty God, that in my opinion, the Americans can have no safe
ty, but by the divine favor, their own virtue, and their being so
prudent, as not to leave it, in the power of the British rulers, to
injure them. Indeed, the ruinous and deadly injuries, received
on our side, and the jealousies entertained, and which in the na
ture of things must daily increase against us, on the other, dem
onstrate, to a mind, in the least given to reflection, that true re
concilement never can exist, between Great Britain and Ameri
ca, the latter being in subjection to the former." And in still
bolder language he added, " The Almighty created America to
be independent of Great Britain : let us beware of the impiety of
being backward, to act as instruments, in the Almighty hand,
now extended to accomplish his purpose ; and by the completion
of which alone, America, in the nature of human affairs, can be
secure against the crafty and insidious designs of her enemies,
who think her power and prosperity already by far too great. In
a word, our piety and political safety are so blended, that to re
fuse our labors in this divine work, is to refuse to be a great, a

360 POLITICAL AND CIVIL HISTORY
free, a pious and a happy people."* Soon after the prohibitory
act reached America, congress justly viewing it as a declaration
of war, directed reprisals to be made, both by public and private
armed vessels, against the ships and goods of the inhabitants of
Great Britain, found on the high seas, or between high and low
water mark.! They, also, burst the shackles of commercial mo
nopoly, which had so long kept them in bondage, and opened
their ports to all the world, except the dominions of Great Brit
ain. In this state of things, it was preposterous for the colonists
any longer to consider themselves, as holding or exercising the
powers of government, under the authority of Great Britain
Congress, therefore on the 10th of May, recommended to the as
semblies and conventions of the colonies, where no sufficient
government had been established, " to adopt such government
as should, in the opinion of the representatives of the people
best conduce to the happiness and safety of their constituents
in particular, ahd America in general."
In the preamble to this resolution, adopted five days after, con
gress, among other things, declared it to be irreconcileable to
reason and good conscience, for the colonists to take the oaths
required for the support of the government under the crown of
Great Britain. They also declared it necessary, that the exer
cise of every kind of authority under the crown, should be sup
pressed ; and all the powers of government exerted " under the
authority of the people of the colonies, for the preservation of
internal peace, virtue and good order, as well as for the defense
of their lives, liberties, and properties, against the hostile inva
sions and cruel depredations of their enemies."
This was a preliminary step to a general declaration of inde
pendence. Some of the colonial assemblies and conventions, about the
same time, began to express their opinions on this great question."
On the 22d of April, the convention of North Carolina, em
powered their delegate^ in congress, " to concur with those in
the other colonies in declaring independency."! This, it is be-
* Note 21. j Note 22.
X Life of Hewes, in Biography of the Signers to Declaration of Independence, vol.
7, p. 332.

OF THE UNITED STATES. 361
lieved, was the first direct public act of any colonial assembly or
convention, in favor of the measure.
On the 1 5th of May, the convention of Virginia went still far
ther, and unanimously instructed their delegates in the general
congress, " to propose to that respectable body, to declare the
united colonies, free and independent states, absolved from all
allegiance or dependence upon the crown or parliament of Great.
Britain ; and to give the assent of that colony, to such declara
tion, and to whatever measures might be thought proper and ne
cessary, by congress, for forming foreign alliances, and a confed
eration oi the colonies, at such time, and in such manner, as to
them should seem best : provided the power of forming govern
ments for, and the regulation ofthe internal concerns of, each col
ony, be left to the respective colonial legislatures." They, at the
same time, appointeda committee, "to prepare a declaration of
rights, and such a plan of government, as would be most likely to
maintain peace and order in the colony, and secure Substantial
and equal liberty to the people." On the 10th of May, the gen
eral assembly of Massachusetts, directed that the people of that
colony, at the then approaching election of new representatives,
should give them instructions on the subject of independence.*
In consequence of this, the inhabitants of Boston, on the 23d of
May, instructed their representatives, to use their endeavors, that
their delegates in congress be advised, " that in case congress
should think it necessary, for the safety ofthe united colonies, to
declare themselves independent of Great Britain, the inhabitants
of that colony, with their lives and 'the remnants of their fortunes,
would most cheerfully support them in the measure." The as
sembly of Rhode Island, during their session in May, not only di
rected the oath of allegiance to be taken to the colony ; but also,
instructed their delegates in congress to join with the other colo
nies, " upon the most proper measures, for promoting and con
firming the strictest union and confederation, between the colo
nies, for exerting their whole strength and force to annoy the
common enemy, and to secure to the said colonies, their rights
* Bradford, vol. 2, p. 104.

362 POLITICAL AND CIVIL HISTORY
and liberties, both civil and religious ; whether by entering into
treaties with any prince, state, or potentate ; or by such other
prudent and effectual ways and means, as should be devised and
agreed upon ; and, in conjunction with the- delegates, from the
united colonies, to enter upon and attempt all such measures —
taking the greatest care, to secure to this colony, in the most per
fect manner, its present forms, and all the powers of government,
so far as relates to its internal police, and conduct of affairs, civil
and religious."*
The great question of independence was brought directly
before congress, by Richard Henry Lee, one of the delegates from
Virginia. On the 7th of June 1776, he submitted a resolution,
declaring, " that the united colonies are and ought to be free and
independent states ; that they are absolved from all allegiance,
to the British crown ; and that all political connection, between
them and the state of Great Britain is, and ought to be, totally
dissolved."- The resolution was postponed until the next day, and
every member enjoined to attend, to take the same into consider
ation. On the 8th it was debated, in committee of the whole.
No question of greater magnitude, was ever presented to the
consideration of a deliberative body, or debated with more en
ergy, eloquence, and ability.
Mr. Lee the mover, and Mr. John Adams were particularly
distinguished in supporting, and Mr. John Dickinson, in opposing
the resolution. On the 10th it was adopted in committee, by a
bare majority of the colonies. The delegates from Pennsylvania
and Maryland, were instructed to oppose it ; and the delegates,
from some of the other colonies, were without special instruc
tions on the subject. To give time for greater unanimity, the re
solution was postponed in the house, until the first of July. In
the mean time, a committee, consisting of Mr. Jefferson, John
Adams, Dr. Franklin, Mr. Sherman, and R. R. Livingston, was
appointed to prepare a declaration of independence. During this
interval, measures were taken, to procure the assent of all the
* Rhode Island Records, and Mr. Hunter's Oration, 4th of July, 1826.

OF THE UNITED STATES. 363
colonies. On the 8th of June, the delegates from New York
wrote by an express, to the convention of that colony, for their
advice on the question of independence, which they informed
them, would soon be agitated in congress. The convention,
however, did not consider themselves, or their delegates, authoriz
ed to declare the colony independent ; but recommended that
the people, who were then about to elect new members of the
convention, should give instructions on the subject.*
On the 1 5th of June, the representatives of New Hampshire,
unanimously instructed their delegates, to join the other colonies
on this question.
A special assembly was called in Connecticut on the 14th of
June ; and by an unanimous vote, the delegates of that colony
were instructed to give " their assent to a declaration of inde
pendence, and to unite in measures for forming foreign allian
ces, and promoting a plan of union among the colonies." On
the 21st of the same month, new delegates to the general con
gress were elected by the convention of New Jersey, and they
were directed, " in, case they judged it necessary and expedient
for supporting the just rights of America, to join in declaring the
united colonies independent, and entering into a confederation
for union and defense." The assembly of Pennsylvania, held in
June, removed the restrictions laid upon their delegates, by in
structions of the preceding November, and authorized them " to
concur with the other delegates in Congress, in forming such
further compacts between the united colonies, concluding such
treaties with foreign kingdoms and states, and in adopting such
other measures as, upon a view of all circumstances, shall be
judged necessary for promoting the liberty, safety and interests
of America ; reserving to the people of this colony, the sole
and exclusive right of regulating the internal government and
police of the same. The happiness of these colonies," they ad
ded, " has, during the whole course of this fatal controversy, been
our first wish ; their reconciliation with Great Britain our sext.
Ardently have we prayed for the accomplishment of both. But,
* Records of the Convention of New York.

364 'POLITICAL AND CIVIL HISTORY
if we must renounce the one or the other, we humbly trust in the
mercy, of the Supreme Governor of the universe, that we shall
not stand condemned before his throne, if our choice is determin
ed by that over-ruling law of self-preservation, which his divine
wisdom has thought fit to implant in the hearts of his creatures."
The assembly were not unanimous in this vote, nor did the vote
itself expressly instruct the delegates of that colony to assent to a
declaration of independence. It was deemed important, that
the sense of the people of Pennsylvania, on this great question,
should be taken. For this purpose, a convention or conference,
consisting of committees chosen by each county, was called and
met at Philadelphia, on the 24th of June. The members of this
meeting passed a resolution, in which, as the representatives of
the people of Pennsylvania, they expressed " their willingness to
concur in a vote of congress, declaring the united colonies free
and independent states." They, at the same time, asserted, that
this measure did not originate in ambition or in an impatience of
lawful authority, but that they were driven to it, in obedience to
the first principles of nature, by the oppressions and cruelties ofthe
king and parliament, as the only measure left to preserve and
establish their liberties, and transmit them inviolate to posterity.*
The delegates from Maryland, though personally in favor of the
measure, were bound by their instructions. Through their influ
ence, another convention was held in that colony ; and on the
28th of June, following the example of Pennsylvania, the mem
bers of this convention recalled their former instructions, and
impowered their delegates, " to concur with the other colonies in
a declaration of independence, in forming a union among the
colonies, in making foreign alliances, and in adopting such other
measures, as should be judged necessary for securing the liberties
of America." These new instructions were immediately sent by
express to Philadelphia, and on the first of July were laid before
congress. On the same day, the resolution relating to indepen
dence was resumed in that body, referred to a committee of the
* Life of Taylor, Biography of the Signers of declaration of Independence, vol. 9,
pp. 85, 86.

OF THE UNITED STATES. 365
whole, and was assented to by all the colonies, except Pennsyl
vania and Delaware.
The delegates from the former then present were seven, and
four voted against it. The number present from Delaware were
only two, Thomas McKean and George Read, and they were
divided, McKean in favor, and Read against the resolution.
Being reported to the house, at the request of a colony, the prop
osition was postponed until the next day, when it passed, and
was entered on the journals. The declaration of independence
was reported by the special committee on the 28th of June, and
on the 4th of July came before congress, for final decision, and
received the vote of every colony.
Two of the members from Pennsylvania, Morris and Dickin
son, were absent ; of the five who were present, Franklin, Wilson
and Morton were in favor, and Willing and Humphrey against it.
Mr. McKean, to secure the vote of Delaware, sent an express for
Mr. Rodney the other delegate from that colony, who, although
at the distance of eighty miles from Philadelphia, arrived in time
on the 4th to unite with him in the vote, and thus complete the
union of the colonies, on this momentous question.* The com
mittee appointed to prepare a declaration of independence se
lected Mr. Adams and Mr. Jefferson a sub-committee, and the
original draft was made by Mr. Jefferson.
This draft, without any amendment by the committee, was
reported to congress, and after undergoing several amendments,
received their sanction.
This declaration, which gave birth to a new empire, was as
follows. " When in the course of human events, it becomes necessary
for one -people, to dissolve the political bands which have con
nected them with another, and to assume, among the powers of
the earth, the separate and equal station to which the laws of
nature and of nature's GocJ. 'entitle them, a decent respect to the
opinions of mankindf-requires that they should declare the causes
which impel them to'the\separation."
* Niles's Register, vol. 12, p. 305, and Thomas McKean's Letter te John AdaJfl£
Vol. I. 47

366 POLITICAL AND CIVIL HISTORY
" We hold these truths to be self-evident ; that all men are
created equal ; that they are endowed by their creator, with
certain unalienable rights ; that among these are life, liberty, and
the pursuit of happiness. That to secure these rights, govern
ments are instituted among men, deriving their just powers from
the consent of the governed ; that whenever any form of govern
ment becomes destructive of these ends, it is the right of the
people to alter or to abolish it, and to institute a new govern
ment, laying its foundation on such principles, and organizing its
powers in such form, as to them shall seem most likely to effect
their safety and happiness. Prudence, indeed will dictate, that
governments long established, should not be changed for light and
transient causes ; and accordingly all experience has shewn, that
mankind are more disposed to suffer, while evils are sufferable,
than to right themselves, by abolishing the forms to which they
are accustomed. But when a long train of abuses and usurpa
tions, pursuing invariably the same object, evinces a design to re
duce them under absolute despotism, it is their right, it is their
duty, to throw off such government, and to provide new guards
for their future security. Such has been the patient sufferance
of these colonies ; and such is now the necessity which con
strains them to alter their former systems of government. The
history of the present king of Great Britain is a history of repeat
ed injuries and usurpations, all having in direct object the estab
lishment of an absolute tyranny over these States, To prove
this, let facts be submitted to a candid world.
He has refused his assent to laws the most wholesome and ne
cessary for the public good.
He has forbidden his governors to pass laws of immediate
and pressing importance, unless suspended in their operation till
his assent should be obtained ; and when so suspended, he has
utterly neglected to attend to them.
He has refused to pass other laws for the accommodation of
large districts of people, unless those people would relinquish
the right of representation in the legislature ; a right- Inestimable
to them and formidable to tyrants only. ; • -

OF THE UNITED STATES. 367
He has called together legislative bodies at places unusual, un
comfortable, and distant from the depository of their public re
cords, for the sole purpose of fatiguing them into compliance
with his measures.
He has dissolved representative houses, repeatedly, for oppos
ing with manly firmness, his invasions on the rights of the peo
ple. He has refused, for a long time, after such dissolutions, to
cause others to be elected ; whereby the legislative powers, inca
pable of annihilation, have returned to the people at large for
their exercise ; the state remaining, in the mean time, exposed to
all the dangers of invasion from without, and convulsions within.
He has endeavored to prevent the population of these States ;
for that purpose obstructing the laws for naturalization of for
eigners ; refusing to pass others to encourage their migrations
hither, and raising the conditions of new appropriations of lands.
He has obstructed the administration of justice, by refusing his
assent to laws for establishing judiciary powers.
He has made judges dependent on his will alone, for the ten
ure of their offices, and the amount and payment of their salaries.
He has erected a multitude of new offices, and sent hither
swarms of officers to harrass our people, and eat out their sub
stance. He has kept among us, in times of peace, standing armies,
without the consent of our legislatures.
He has affected to render the military independent of, and su
perior to, the civil power.
He has combined with others to subject us to a jurisdiction
foreign to our constitution, and unacknowledged by our laws ;
giving his assent to their acts of pretended legislation.
For quartering large bodies of armed troops among us :
For protecting them, by a mock trial, from punishment for
any murders which they should commit on the inhabitants of
vhese States :
For cutting off our trade with all parts of the world :
For imposing taxes on us without our consent :

368 POLITICAL AND CIVIL HISTORY
For depriving us, in many cases, ofthe benefits of trial by jury;
For transporting us beyond the seas to be tried for pretended
offenses :
For abolishing the free system of English laws in a neighbor
ing province, establishing therein an arbitrary government, and
enlarging its boundaries, so as to render it at once an example
and fit instrument for introducing the same absolute rule into
these colonies :
For taking away our charters, abolishing our most valuable
laws, and altering, fundamentally, the powers of our government :
For suspending our own legislatures, and declaring themselves
invested with power to legislate for us in all cases whatever.
He has abdicated government here, by declaring us out of his
protection and waging war against us.
He has plundered our seas, ravaged our coasts, burnt our
towns, and destroyed the lives of our people.
He is, at this time, transporting large armies of foreign mer
cenaries, to complete the works of death, desolation, and tyran
ny, already begun with circumstances of cruelty and perfidy,
scarcely paralleled in the most barbarous ages, and totally un
worthy the head of a civilized nation.
He has constrained our fellow citizens, taken captive on the
high seas, to bear arms against their country, to become the ex
ecutioners of their friends and brethren, or to fall themselves by
their hands.
He has excited domestic insurrections amongst us, and has en
deavored to bring on the inhabitants of our frontiers, the merci
less Indian savages, whose known rule of warfare is an undistin
guished destruction, of all ages, sexes, and conditions.
In every stage of these oppressions we have petitioned for re
dress in the most humble terms : our repeated petitions have
been answered only by repeated injury. A prince whose char
acter is thus marked by every act which may define a tyrant, is
unfit to be the ruler of a free people.
Nor have we been wanting in attentions to our British brethren.
We have warned them, from time to time, of attempts by their

OF THE UNITED STATES. 369
legislature to extend an unwarrantable jurisdiction over us. We
have reminded them of the circumstances of our emigration and
settlement here. We have appealed to their native justice and
magnanimity, and we have conjured them, by the ties of our com
mon kindred, to disavow these usurpations, which would inevita
bly interrupt our connections and correspondence. They too
have been deaf to the voice of justice and consanguinity. We
must therefore acquiesce in the necessity, which denounces our
separation, and hold them, as we hold the rest of mankind, ene
mies in war, in peace friends.
We therefore, the representatives of the United States of
America in General Congress assembled, appealing to the Su
preme Judge of the world, for the rectitude of our intentions,
do in the name, and by authority of the good people of these
colonies, solemnly publish and declare, that these United Colo
nies are, and of right ought to be, Free and Independent
States. That they are absolved from all allegiance to the British
crown, and that all political connections between- them and the
State of Great Britain is, and ought to be, totallydissolved ; and
that as free and independent States, they have fulhpoyver to levy
war, conclude peace, contract alliances, establish commerce, and
to do all other acts and things which independent States may of
right do. And for the support of this declaration, with a firm re
liance on the protection of Divine Providence, we mutually pledge
to each other, our lives, our fortunes, and our sacred honor."
This declaration was directed to be engrossed, and on the 2d
of August, 1776, was signed by all the members then present,
and by some, who were not members on the 4th of July. The
following are the members who signed this memorable instru
ment : — John Hancock.
NEW HAMPSHIRE. MASSACHUSETTS BAY.
Josiah Bartlett, Samuel Adams,
William Whipple, John Adams,
Matthew Thornton. Robert Treat Paine,
Elbridge Gerry.

370

POLITICAL AND CIVIL HISTORY

RHODE ISLAND, &C.
Stephen Hopkins,
William Ellery.
CONNECTICUT.
Roger Sherman,
Samuel Huntington,
William Williams,
Oliver Wolcott.
NEW YORK.
William Floyd,
Philip Livingston,
Francis Lewis,
Lewis Morris.
NEW JERSEY.
Richard Stockton,
John Witherspoon,
Francis Hopkinson,
John Hart,
Abraham Clark.
PENNSYLVANIA.
Robert Morris,
Benjamin Rush,
Benjamin Franklin,
John Morton,
George Clymer,
James Smith,
George Taylor,
James Wilson,
George Ross.

DELAWARE.
Cmsar Rodney,
Thomas McKean.
MARYLAND.
Samuel Chase,
William Paca,
Thomas Stone,
Charles Carroll, of Car-
rolton. VIRGINIA.
George Wythe,
Richard Henry Lee,
Thomas Jefferson,
Benjamin Harrison,
Thomas Nelson, jr.
Francis Lightfoot Lee,
Carter Braxcton.
NORTH CAROLINA.
William Hooper,
Joseph Hewes,
John Penn.
SOUTH CAROLINA.
Edward Rutledge,
Thomas Heyward, jr.
Thomas Lynch, jr.
Arthur Middleton.
GEORGIA.
Button Gwinnett,
Lyman Hall,
George Walton.

Copies ofthe declaration were immediately sent to all the
states, and to the commander of the American troops, and was
publicly proclaimed in each state, and at the head of the army.
The great mass of the people were now prepared for this event,
and the declaration was received with acclamation. The con-

OF THE UNITED STATES. 371
vention of New York, on the 9th of July, unanimously resolved,
that the reasons assigned by congress, for declaring the united
Colonies free and independent states, were cogent and conclu
sive ; and that, while they lamented the cruel necessity, which
rendered the measure unavoidable, they approved of the same,
and expressed their determination, at the risk of their lives and
fortunes, to join in its support.
Perfect unanimity among the Americans themselves, could not
be expected, in so complete a revolution.
Many individuals, from various causes, still adhered to the pa
rent state. Persons of this description, were denominated to-
ries and enemies to their country ; and some of them became so
obnoxious to the people, that, without the semblance of authori
ty,, they were seized by force, and subjected to personal abuse, in
a manner unjustifiable. Such conduct towards this description
of inhabitants, was disapproved by congress ; and on the 18th of
June, they resolved, that no person charged with being a tory, or
unfriendly to the cause of American liberty, should be injured in
his person or property, or in any manner disturbed, unless the pro
ceedings against him, be founded on an order of congress, or the
assembly, convention, council, or committee of safety ofthe col
ony, or committee of inspection and observation of the district,
where he resided ; unless he should be found in the commission
of some act destructive of American liberty, or justly suspected
of a design to commit such act and intending to escape, in which
case, he might be apprehended, and brought before proper au
thority for examination and trial.*
Congress having passed the resolution, declaring the Ameri
cans absolved from their allegiance to the British crown and na
tion ; their allegiance was considered as transferred and clue to
the colonies, in which they resided ; and they were deemed liable to
punishment, for a violation ofthe duties, necessarily arising from
their new political situation. On the 24th of June, therefore,
congress declared, that " all persons abiding within any of the
united colonies, and deriving protection from the laws of the
* Journals of Congress, vol. 2, p. 212.

372 POLITICAL AND CIVIL HISTORY
same, owed allegiance to the said laws, and were members of
such colony ; and that all persons passing through, or making a
temporary stay in any of the colonies, being entitled to the pro
tection of the laws, during the time of such passage, visitation,
or temporary stay, owed, during the same, allegiance thereto."
Also, declaring, " that all persons, members of, or owing allegi
ance to any of the united colonies, who should levy war against
any of the said colonies, within the same ; or be adherent to the
king of Great Britain, or other enemies of the said colonies, or
any of them, ivithin the same, giving to him or them aid or com
fort, were guilty of treason against such colony." And it was
recommended to the legislatures of the several colonies, to pass
laws for the punishment of persons, who should be found guilty of
such treasons. In the new political state in which the Americans
were placed, self-defense rendered this course absolutely necessa
ry. The determination of a large majority, to sever the ties be
tween the two countries, and to resist by force, the hostile aggres
sions of those, they now esteemed their open enemies, was con
sidered binding on all residing in the colonies. War in fact, ex
isted between America and Great Britain. To join the enemies
of their country, therefore, or to give them aid or comfort in the
colonies, in which they resided, and from which they received pro
tection, was justly deemed such a violation of dutj', as must sub
ject them to the usual punishments in such cases. In pursuance
of this recommendation, the states passed the laws requisite for
self-protection, and inflicted the punishment of death, on such as
were found guilty of treason. And in most, if not all the states,
the property of those who left their country, and joined the enemy,
was declared forfeited, and confiscated for the benefit of the
states. The declaration of independence placed the people of the states,
in a situation, which rendered the organization of new govern
ments, and a confederacy among themselves, absolutely necessary;
and enabled them, also, with confidence to invite foreign connec
tions and alliances. Before entering, however, on this important
and interesting portion of American history, we shall call the at-

OF THE UNITED STATES. 373
tention ofthe reader, to the proceedings ofthe British commission
ers, appointed under the act of the last parliament, to which we
have before alluded. On the 6th of May, admiral Howe, and gen
eral William Howe, were appointed by the king, to be the bearers
of what the ministry called the olive branch, as well as the sword
to America. On the 20th of June following, admiral Howe, when
off the coast of Massachusetts, on his way to join his brother at
New York, with a fleet and reinforcements, addressed a circular
letter to the governors of the American colonies, accompanied
by an offer of pardon to all, who, " in the tumult and disorder of
the times," had deviated from their just allegiance, and were wil
ling, by a speedy return to their duty, to reap the benefits of the
royal favor. This letter and declaration were not sent on shore,
until about the 1 2th of July, and were immediately forwarded to
congress, by general Washington. On the 19th, congress direct
ed them to be published in the several gazettes ; " that the good
people ofthe United States, might be informed of what nature
are the commissions, and what the terms, with the expectations
of which, the insidious court of Great Britain, has endeavored to
amuse and disarm them ; and that the few, who still remain sus
pended by a hope founded, either in the justice or moderation of
their late king, may now, at length, be convinced, that the valor
alone of their country, is to save their liberties." Lord Howe, at
the same time, addressed a note to his old acquaintance and
friend Dr. Franklin, in which he reiterates the wishes he formerly
expressed, for an accommodation of differences, and the estab
lishment of lasting peace and union with the colonies. In this
note, lord Howe alludes to one cause of hostile measures, on the
part of Great Britain, not generally openly avowed ; and which
might tend, he said, to keep them a divided people ; this was the
necessity of preventing the American trade, from passing into
foreign channels. Dr. Franklin, in his answer ofthe 30th of July,
to this note, referring to the object of the mission, as being mere
ly to offer pardon, on submission to royal authority, laments, that
his lordship had been sent, so far, on so hopeless a business. " It
is impossible," he informs his lordship, " we should think of sulj-
Vol. I. 48

374 POLITICAL AND CIVIL HISTORY
mission to a government, that has, with the most wanton barbar
ity and cruelty, burnt our defenseless towns, in the midst of win
ter ; excited the savages to massacre our peaceful farmers, and
our slaves to murder their masters, and is now bringing foreign
mercenaries to deluge our settlements with blood. Long," Dr.
Franklin subjoins, " did I endeavor, with unfeigned and unweari
ed zeal to preserve from breaking, that fine and noble China vase,
the British empire ; for I knew that being once broken, the
separate parts could not retain even their share of the strength
and value that existed in the whole ; and that a perfect re-union
could scarce ever be hoped for." In conclusion, he says, " I
know your great motive in coming hither, was the hope of being
instrumental in a reconciliation ; and I believe, when you find
that to be impossible, on any terms given you to propose, you
will then relinquish so odious a command, and return to a more
honorable private station."
Notwithstanding this, immediately after the battle on Long Is
land, in August, in which the British were victorious, an Ameri
can general, Sullivan, who was there taken prisoner, was sent on
his parole to congress, with a message from lord Howe. The
purport of the message from his lordship, was, " that he could
not at present, treat with congress as such ; yet he was very de
sirous of having a conference with some ofthe members, whom
he would consider, for the present, only as private gentlemen, and
meet them himself as such, at such place, as they should ap
point." " That he, in conjunction with general Howe, had full powers
to compromise the dispute between Great Britain and America,
upon terms advantageous to both ; the obtaining of which de
layed him near two months in England, and prevented his arriv
al at this place, before the declaration of independency took
place. That he wished a compact might b^ settled at this time,
when no decisive blow was struck, and neither party could say,
that they were compelled to enter into such agreement. That,
in case congress were disposed to treat, many things, which they
had not, as yet, asked, might and ought to be granted them ; and

OF THE UNITED STATES. 375
that, if, upon the conference, they found any probable ground of
an accommodation, the authority of congress must be afterwards
acknowledged, otherwise the compact would not be complete."
General Sullivan was requested to inform lord Howe, that,
being the representatives of free and independent states, they
could not send any of their members, to confer with him, in their
private character ; but they would send a committee of their
body, " to know whether he had any authority to treat with per
sons authorised by congress, for that purpose, in behalf of Amer
ica, and what that authority was, and to hear such propositions
as he should think proper to make, respecting the same." Dr.
Franklin, John Adams and Edward Rutledge were appointed a
committee on the part of congress. They had a conference with
lord Howe, on Staten Island, and on the 17th of September, re
ported the result to congress. His lordship would not receive
them, as a committee of congress, but would confer with them,
as private gentlemen.
The committee informed lord Howe, that, as their business was
to hear, he might consider them in what light he pleased, in com
municating his propositions ; 'but, that they would consider them
selves in no other light, than that in which congress had placed
them. In the conference, which ensued, no explicit proposition
for peace was made by the British commissioner, except one,
that the colonies should return to their allegiance and obedience
to the British government, and that, on such submission, there
was a good disposition in the king and his ministers, to make
their government easy, and to redress their grievances.
The committee, in reporting the result of this conference to
congress, say; "We gave it as our opinion to his lordship, that
a return to the domination of Great Britain, was not to be expect
ed. We mentioned the repeated humble petitions of the colo
nies to the king and parliament, which had been treated with
contempt, and answered only by additional injuries ; the unex
ampled patience we had shown under this tyrannical government ;
and that it was not till the last act of parliament which denounc
ed war against us, and put us out of the king's protection, that

376 POLITICAL AND CIVIL HISTORY
we declared our independence. That this declaration had been
called for by the people of the colonies in general ; that every
colony had approved of it, when made ; and all now considered
themselves as independent states, and were settling or had set
tled their governments accordingly; so that it was not in the
power of congress to agree for them, that they should return to
their former dependent state. That there was no doubt of their
inclination to peace, and their willingness to enter into a treaty
with Britain that might be advantageous to both countries. That
though his lordship had at present no power to treat with them
as independent states, he might, if there was the same good dis
position in Britain, much sooner obtain fresh powers from thence,
than powers could be obtained by congress from the several col
onies, to consent to a submission."
The committee were satisfied, that the British commissioner
had no authority, but to grant pardon to the Americans, on sub
mission to their former government ; and the conference ended.
These proceedings were published, for the information of the
American people.
The royal commissioners, immediately after, issued a procla
mation to the people themselves, in which they say, that " al
though the congress, whom the misguided Americans suffer to
direct their opposition to the establishment of the constitutional
government of these provinces, have disavowed every purpose of
reconciliation not consonant with their extravagant and inad
missible claims of independency, the king's commissioners think
fit to declare, that they are equally desirous to confer with his
majesty's well affected subjects upon the means of restoring the
public tranquility, and establishing a permanent union with any
colony as a part ofthe British empire."
To induce a compliance, they informed the American people,
that the king had directed a revision of such of his royal instruc
tions, as might be construed to lay an improper restraint upon
the freedom of legislation, in any of the colonies, and would,
also, concur in the revisal of all acts, by which his subjects might
think themselves aggrieved : and they recommended to the in-

OF THE UNITED STATES. 377
habitants at large, to reflect seriously on their condition, and
judge, whether they should offer their lives a sacrifice to the un
just and precarious cause, in which they were engaged, or return
to their allegiance. This proclamation, and the disasters of the
campaign of 1776, induced many individuals in the city of New
York, and its vicinity, to join the British, and accept the offered
terms. On the 16th of October, about nine hundred and fifty
persons ofthe city and island of New York, presented a petition
to the commissioners, declaring their allegiance to the British
government, acknowledging the constitutional power of parlia
ment, and praying that the city and county of New York might
be restored to his majesty's peace and protection. The national
legislature now deemed it requisite to provide an American oath
of allegiance. On the 21st of October, congress resolved, that
every officer, who then held, or should thereafter hold any com
mission or office from them, should acknowledge the thirteen
United States, free, independent and sovereign states, and de
clare, that the people thereof owed no allegiance or obedience to
the king of Great Britain, and that he renounced and abjured all
allegiance to him ; and should, also, become bound by oath, to
the utmost of his power, to support, maintain and defend the
United States, against the king of Great Britain, his heirs, suc
cessors and abettors, and to serve the United States with fidelity
and honor.
As the affairs of America assumed a more gloomy aspect, the
commissioners assumed higher and bolder ground.
On the 30th of November, they issued a third proclamation,
in which, in his majesty's name, they charged and commanded all
persons assembled together in arms, against his majesty's gov
ernment, to disband themselves and return to their dwellings,
there to remain in a peaceable and quiet manner. They, also,
commanded all such other persons, as were assembled together,
under the name of general or provincial congresses, conventions,
committees, or other associations, by whatever name known, or
who, under the name and authority of any congress, convention,
committee, or association, took upon them to execute orders, for

378 POLITICAL AND CIVIL HISTORY
levying money, raising troops, fitting out armed vessels, and im
prisoning or molesting his majesty's subjects, " to desist and cease
from all such treasonable actings and doings, and to relinquish
all such usurped power and authority." They, at the same time,
engaged, that all such as should, within sixty days from the date
of the proclamation, appear before any governor or lieutenant
governor, or commander in chief of the British army in America,
or any officer commanding a detachment of the same, and claim
the benefit of the proclamation, and subscribe a declaration that
they would remain in a peaceable obedience to his majesty, and
would not take up arms, or encourage others to take up arms
against his authority, 'should obtain a full and free pardon of all
treasons or misprisions of treason."
Taking advantage of this proclamation, many Americans in
the vicinity of the British troops, and among these Joseph Gallo
way, who was a member of congress in 1774 from Pennsylvania,
abandoned their country and joined the British standard. The
commander of the American army deemed it necessary, soon after,
to issue a counter proclamation, in which, in pursuance of the
powers committed to him by congress, he strictly commanded
all persons, who had subscribed the declaration, taken the oaths,
and accepted the protections mentioned in the declaration of the
British commissioners, to repair to head quarters, or to the quar
ters of the nearest general officer of the continental army, or
militia, and there deliver up such protection and take the oath
of allegiance to the United States ; granting liberty, however,
to such as preferred " the interest and protection of Great Brit
ain to the freedom and happiness of their country," to withdraw
themselves and families, within the enemy's lines. He, also, de
clared, that all those who should neglect or refuse to comply with
his order, within thirty days from its date, should be deemed ad
herents to the king of Great Britain, and be treated as common
enemies to the American States.
We would here state, that the campaign of 1776, was truly
disastrous for the Americans. The scene of military operations,

OF THE UNITED STATES. 379
(luting this year, was transferred from Massachusetts to New
York. General Howe and his army evacuated Boston, in great
haste, on the 1 7th of March, and retired to Halifax. He, with
his troops, arrived in the harbor of New York, about the last of
June, and on the 2d of July, took possession of Staten Island,
where he was soon joined by his brother, lord Howe, with a fleet
and reinforcement of troops. The British army being about
thirty thousand, was more numerous, and better disciplined than
the American. The latter, composed of militia, or troops en
listed for a year only, were unaccustomed to a military life or dis
cipline. Soon after the battle on Long Island, in August, the American
commander abandoned the city of New York ; and the strong
places in its vicinity were taken by, or given up, to the enemy.
All that had been gained in Canada the preceding year, was
lost in the course of this campaign. After an indecisive en
gagement at the White Plains, the Americans, now greatly re
duced by the return of the militia, by sickness and other casual
ties of war, crossed the North river into New Jersey. On the
22d of November, the whole force under the command of gene
ral Washington, did not exceed three thousand five hundred.
With this small number, the American general was obliged to
fly, before a superior force, under lord Cornwallis ; and even this
remnant of an army, was diminished on its march to the Dela
ware, by the expiration of the term of enlistment of the Jersey
and Maryland brigades. On crossing the Delaware, about the
10th of December, general Washington had only about seven
teen hundred men. The object of the enemy was to get pos
session of Philadelphia, as soon as the ice would enable them to
pass the Delaware ; and the loss of that city seemed inevitable.
Congress, then sitting at Philadelphia, for greater safety, on
the 12th of December, removed to Baltimore.
In this gloomy and almost desperate state of public affairs, the
great mass of the Americans remained firm and determined, in
the cause of independence.
The convention of the State of New York, being in session,
at this critical period, with a view to counteract " the false sug-

380 POLITICAL AND CIVIL HISTORY
gestions, artful misrepresentations and insidious promises of pro
tection," made by the enemy, as weli as to animate their con
stituents, at that trying period, published a well timed and spirit
ed address. They called upon the ; ople of the State of New
York, by every thing they held dear in fe, to support and main
tain their rights, and save their covdiirf. Alluding to the de
pressed state of their affairs, their country invaded by a numer
ous and well disciplined army, flushed with victory, and in pos
session of their commercial capital, they reminded them of the
noble conduct of the citizens of Rome, when placed in a situa
tion somewhat similar. " After the armies of Rome," they say,
" had been repeatedly defeated by Hannibal, that imperial city
was besieged by this brave and experienced general, at the head
©fa numerous and victorious army. But so far were her glorious
citizens from being discouraged by the loss of so many battles,
and of all their country ; so confident of their own virtue and
the protection of heaven, that the very land on which the Car-
thagenians were encamped, was sold at public auction, for more
than the usual price."
" These heroic citizens disdained to receive his protection or
to regard his proclamations. They remembered, that their an
cestors had left them free ; ancestors, who had bled, in rescuing
their country from the tyranny of kings. They invoked the pro
tection of the Supreme Being, they bravely defended their city,
with undaunted resolution, they repelled the enemy, and recov
ered their country."*
This address was not only approved by congress, and earnest
ly recommended to the serious attention and perusal of all' but
ordered by them to be translated into German, and printed at
the expense of the United States.
Congress had now become sensible of the impolicy of short
enlistments, and a dependence on the irregular services of the
militia. They, therefore, determined to raise eighty eight bat
talions, to serve during the war.
A bounty of twenty dollars was given to all non-commissioned
officers and soldiers ; and in addition to this, lands were promis-
* This Address was drawn by Mr. Jay.

OF THE UNITED STATES. 381
ed to those officers and soldiers, who should continue in service
to the close of the war.
After their retreat to Baltimore, the members of congress, in
stead of despairing of the commonwealth, took the most effectu
al mode for its preservation. At a distance from the commander
in chief, and the scenes of military operations, they deemed it
necessary to invest him with unlimited military powers for a short
period. On the 27th of December, therefore, after declaring that
" the unjust, but determined purpose of the British court to en
slave these free States, obvious through every insinuation to the
contrary, having placed things in such a situation, that the very ex
istence of civil hberty now depends on the right exercise of milita
ry powers ; and the vigorous and decisive conduct of these being
impossible to distant, numerous and deliberative bodies ;" they
passed the following resolve — " That general Washington shall
be, and he is hereby vested with full, ample and complete powers to
raise and collect together in the most speedy and effectual manner,
from any or all of these United States, sixteen battalions of in
fantry, in addition to those already voted by congress ; to appoint
officers for the said battalions of infantry ; to raise, officer and
equip three thousand light horse ; three regiments of artillery,
and a corps of engineers, and to establish their pay ; to apply to
any of the States for such aid of the militia, as he shall judge ne
cessary ; to form such" magazines of provisions, and in such
places as he shall think proper ; to displace and appoint all offi
cers under the rank of brigadier general, and to fill all vacancies
in every other department of the American armies ; to take
wherever he may be, whatever he may want for the use of the
army, if the inhabitants will not sell it, allowing a reasonable
price for the same ; to arrest and confine persons, who refuse to
take the continental currency, or are any otherwise disaffected to
the American cause ; and return to the States, of which they are
citizens, their names, and the nature of their offenses, together
with the witnesses to prove them."
These powers were vested in general Washington, for the term
of six months, unless sooner determined by congress. The gen-
Vol. I. 49

382 POLITICAL AND CIVIL HISTORY
eral assured congress that all his faculties should be employed, to
direct properly the powers they had been pleased to vest him
with, to advance those objects and those only, which had given
rise to so honorable a mark of distinction.
" If my exertions," he said, " should not be attended with the
desired success, I trust the failure will be imputed to the true
cause, — the peculiarly distressed situation of our affairs, and the
difficulties I have to combat, — rather than to a want of zeal for
my country, and the closest attention to her interests, to promote
which has ever been my study."*
General Washington was sensible of the necessity of some im
mediate favorable turn in his military operations, not only to save
the city of Philadelphia, but to rouse the spirit of the nation, and
to secure an army for the succeeding campaign. He, therefore,
boldly resolved, even with his small force, to attempt a surprise on
a body of Hessians, encamped at Trenton. This he carried into
complete effect, on the morning of the 26th of December, after
suffering great hardships in his march, and in crossing the Dela
ware, in a cold stormy winter night. Many of the Hessians, un
der the command of Col. Rahl, were killed, and more than nine
hundred taken prisoners. With these, in the evening ofthe same
day, he recrossed the Delaware in safety. This bold and suc
cessful enterprise elevated the hopes ofthe Americans, and exci
ted no little astonishment in the British, who considered the
American army annihilated. Being soon after joined by a num
ber of militia, the American commander again crossed the Dela
ware, at Trenton, where he was met by a superior force, under
lord Cornwallis ; and the fate of the country seemed suspended
on the issue of a battle, which appeared unavoidable. In this sit
uation of the American army, it was equally hazardous to fight
or retreat. From this dilemma, general Washington extricated
himself, by one of those bold measures, which none but great
minds, conceive and execute. He came to the resolution of leav
ing the enemy, in their encampment, marching to Princeton, by
a circuitous route, and surprising the British troops, at that place;
* Washington's Official Letters, vol. 2, p. 1.

OF THE UNITED STATES. 383
This he effected in the night, and in so secret a manner, that the
noise of the cannon at Princeton, early the next morning, gave
lord Cornwallis the first notice of his movement.
The battle at Princeton was decidedly in favor of the Ameri
cans. The British troops, after suffering no inconsiderable loss,
were compelled to retreat to Brunswick. The British general
immediately returned from Trenton, but not in time to aid in the
engagement, or to molest the American army. He immediately
retired to Brunswick, his head quarters ; and general Washing
ton, with his army, took' a position at Morristown ; where, with
an inferior force, during the rest of the winter, he kept the enemy
in check.
By these bold and successful enterprises, with the smiles of
heaven, a great part of New Jersey was recovered from the ene
my, public confidence restored, and a new impulse given to the
recruiting service.
In February, congress returned and resumed their deliberations
in Philadelphia.

CHAPTER X.
Committee of Secret correspondence appointed hy Congress — Direct a Letter to be sent
to a gentleman in Holland — Send Silas Deane to France, in March 1776, as a Com
mercial and Pohtical Agent — His instructions — Arrives in Paris in July 1776 — Has
an interview with the French Minister, Count de Vergennes — Is well received and
promised protection in his commercial arrangements — French ports open to the
Americans — Mr. Deane was to appear in the character of a merchant only — Con
gress prepare a commercial treaty to be proposed to France — Dr. Franklin, Mr.
Deane, and Arthur Lee, appointed commissioners to the French Court — Their in
structions — Meet at Paris in Dec. 1776 — France not prepared openly to join the
Americans — A paper signed by the King himself, is read to the Commissioners in
January 1777 — He declines entering into a treaty, but promises them protection, and
gives two millions of livres — This to be kept a secret — Congress offer to France and
Spain more favorable terms — These terms insufficient — Capture of Burgoyne cre
ates consternation in England — Lord North declares his intention to offer the Amer
icans terms of reconcihation — France accepts the offers of the American Commis
sioners, and enters into treaties — Reasons for this given by the French Monarch in
a letter to the King of Spain — Policy of France in relation to America explained —
She affords secret aid to the Americans — For this purpose, secrefly puts money and
arms into the hands of an Agent, by the name of Beaumarchais — The Agent sends
arms to America, under the name of Horttales & Co. — American Commissioners
send despatches by Capt. Folger — They are secretly taken out by some one, and
blank papers substituted — Folger suspected and is imprisoned, but afterwards re
leased— Beaumarchais sends an Agent to America, to demand payment for the arti
cles furnished by him — Divisions in Congress on the subject — Congress agree to pay
Beaumarchais — Deane recalled — Thomas Paine publishes some of the secret des
patches — Displeases the French Minister — He applies to Congress to disavow
the pubhcation — Arthur Lee's letters relating to the claim of Beaumarchais — The
officers of the Treasury charge him with one million of livres paid to him by France,
for the use of the Americans — He disputes this, and applies to Congress for relief.
At an early stage of the contest with Great Britain, the atten
tion of congress had been drawn, to the subject of securing for
eign aid, in case of necessity. This interesting portion of Ameri
can history, now claims our notice. On the 29th of November
1775, a committee, consisting of Mr. Harrison, Dr. Franklin, Mr.
Johnson, Mr. Dickinson, and Mr. Jay, was appointed for the sole
purpose of holding a secret correspondence, with the friends of

OF THE UNITED STATES. 385
America, in Great Britain, Ireland, and other parts of the world.*
The principal object of this committee, was, to sound indirectly
some of the principal powers of Europe, and particularly France
and Spain, on American affairs. With this view, Dr. Franklin
soon after the appointment of the committee, wrote to a gentle
man in Holland, by the name of Dumas, who was friendly to the
American cause.
" We are threatened from England," says Dr. Franklin to this
gent'eman, " with a very powerful force, to come next year
against us. We are making all the provision in our power here
to oppose that force, and we hope we shall be able to defend our
selves. But as the events of war are always uncertain, possibly
after another campaign, we may find it necessary to ask aid of
some foreign power. It gives us pleasure to learn from you that
tout e l' Europe nous souhaite le plus heureux succes pour le main-
tien de nos libertes. But we wish to know, whether any one of
them, from principles of humanity, is disposed magnanimously to
step in for the relief of an oppressed people, or whether, if, as it
seems likely to happen, we should be obliged to break off all con
nection with Britain, and declare ourselves an independent
people, there is any state or power in Europe, who would be wil
ling to enter into an alliance with us for the benefit of our com
merce, which amounted before the war, to near seven millions
sterling per annum, and must ultimately increase, as our people
increase most rapidly. Confiding, my dear friend, in your good
will to us and in your sagacity and abilities for business, the com
mittee of congress, appointed for the purpose of establishing and
conducting a correspondence with our friends in Europe, of which
committee I have the honor to be a member, have directed me
to request of you, that, as you are situated at the Hague, where
ambassadors from all the courts reside, you would make use ofthe
opportunity that situation affords you, of discovering the disposi
tion of the several courts with respect to such assistance or alli
ance, if we should apply for the one or the other. As it may pos
sibly be necessary, in particular instances, that you should, for
* Secret Journals of Congress, vol. 2, p. 1.

386 POLITICAL AND CIVIL HISTORY
this purpose, confer directly with some great ministers, and show
them this letter as your credential, we only recommend it to your
discretion, that you proceed therein with such caution, as to keep
the same from the knowledge of the English ambassador, and
prevent any public appearance, at present, of your being employ
ed in any such business, as thereby, we imagine, many inconven
iences may be avoided, and your means of rendering us service,
increased." " That you may be better enabled to answer some questions,
which will probably be put to you, concerning our present situa
tion, we inform you, that the whole continent is very firmly united
— the party for the measures of the British ministry being very
small, and much dispersed — that we had on foot the last campaign,
an army of near twenty thousand men, wherewith we have been
able, not only to block up the king's army in Boston, but to spare
considerable detachments for the invasion of Canada, where we
have met with great success, as the printed papers sent herewith
will inform you, and have now reason to expect the whole pro
vince may be soon in our possession — that we purpose greatly to
increase our force for the ensuing year ; and thereby we hope,
with the assistance of a well-disciplined militia, to be able to de
fend our coast, notwithstanding its great extent — that we already
have a small squadron of armed vessels, to protect our coasting
trade, who have had some success in taking several of the ene
my's cruizers, and some of their transport vessels and stores."
After the passage of the prohibitory act, which took place soon
after the date of this letter, the committee, seeing little prospect
of an accommodation, and well aware that France would be dis
posed to make great sacrifices, to reduce the power of Great
Britain, by the severance of her North American colonies, sent
Silas Deane, one of the delegates in congress, from Connecticut,
as a commercial and political agent, to the French court. The
instructions to Mr. Deane bear date the 2d of March 1776, and
were signed by Dr. Franklin, Robert Morris, Mr. Jay, Mr. Har
rison and Mr. Dickinson. He was to appear in the character of
a merchant, and was directed, among other things, immediately

OF THE UNITED STATES. 387
after his arrival at Paris, to solicit an interview with the Count
de Vergennes, the French minister, and to inform him, that con
gress being unable to obtain for America, the quantity of arms
and ammunition necessary for its defense, had despatched him to
apply to some of the European powers for a supply. That he
was instructed to make his first application to France, from an
opinion, that, in case of a total separation of America from Great
Britain, which every circumstance seemed to indicate, it would
be most proper to obtain and cultivate her friendship. That in
such case, the commercial advantages formerly enjoyed by Great
Britain would be transferred to France. That the Americans
were in want oi clothing and arms for 25,000 men, with a suita
ble quantity of ammunition, and 100 field pieces. Mr. Deane
was, also, directed to sound the French minister, with regard to
forming an alliance with the colonies, in case they should be
forced to declare themselves independent.
" If at a future conference, " they say, " he [the French minis
ter] sould be more free, and you find a disposition to favor the
colonies, it may be proper to acquaint him, that they must neces
sarily be anxious to know the disposition of France, on certain
points, which, with his permission, you would mention, such as
whether, if the colonies should be forced to form themselves into
an independent state, France would, probably, acknowledge them
as such, receive their ambassadors, enter into any treaty or
alliance with them for commerce or defense, or both ? If so, on
what principal conditions ? Intimating, that you should speedily
have an opportunity of sending to America, if you do not imme
diately return, and that he may be assured of your fidelity and
secrecy, in transmitting carefully any thing he would wish convey
ed to congress, on that subject." In case the supplies could not
be obtained from the French Court, Mr. Deane was to obtain
permission for purchasing them, or for so many, as he could ob
tain credit for ; was to keep a daily journal of all his material
transactions, and particularly of what passed in conversations
" with great personages : " and transmit to the committee, by
every opportunity, all important information.*
• Note 23.

388 POLITICAL AND CIVIL HISTORY
Mr. Deane arrived in Paris, about the first of July, and was in
defatigable in pursuing the objects of his mission. His arrival at
Paris was immediately known in London, and lord Stormont was
sent express to Paris, to watch his movements. Through Dr. Du-
bourg, a friend to America, he was introduced to Vergennes, a
few days after he reached Paris.
He stated to the French minister the objects of his mission,
agreeably to his instructions, and in this first conference he touch
ed upon the subject of forming treaties with the Americans, in
case of their declaring themselves independent. The American
agent was favorably received by the French minister, and was
asked many questions, in relation to American affairs. Ver
gennes informed Mr. Deane, that the importance of American
commerce was well known, and that no country could so well
supply the American colonies, and in return receive their pro
duce, as France ; that an uninterrupted intercourse was there
fore, for the interest of both ; and for this reason, the court had
already ordered their ports to be kept open, and equally free
to America, as to Britain. That considering the good under
standing between the courts of Versailles and London, they could
not openly encourage the shipping of warlike stores, but no ob
structions, of any kind, he said, would be given ; if there should,
as the custom houses were not fully in their secrets in this matter,
such obstructiohs should be removed, on the first application —
That he might consider himself perfectly free, to carry on any
kind of commerce in the kingdom, which any subject of any oth
er state in the world might, as the court had resolved their ports
should be equally free to both parties. That he might consider
himself, as under his immediate protection ; if he should meet
with any difficulty either from their police, or from any other
quarter, on application to him every thing should be settled.
On the subject of independency he said, that was an event in the
womb of time, and it would be highly improper for him to say
any thing on that point, until it had actually taken place. Ver
gennes, at the same time, informed Mr. Deane, that the British
ambassador knew of his arrival ; and he advised him, not to as-

OF THE UNITED STATES. 389
sociate with Englishmen, more than necessity obliged him, as he
would, no doubt, have many spies on his conduct. To prevent
discovery, Mr. Deane was directed by the French minister to
apply to his first secretary, Mr. Gerard, for advice and direction,
except in matters of general importance.* This first conference
with the French minister, ended much to the satisfaction of the
American agent.
Of the subsequent proceedings of Mr. Deane, at Paris, and of
the manner in which a supply of arms and ammunition was vol
untarily offered to the Americans, through their agent in London,
before Mr. Deane's arrival in France ; and ofthe secret mode by
which these supplies were sent to America, more particular no
tice will be taken hereafter. In the mean time, we would inform
the reader, that as soon as the question of independence, in
committee of the whole, was decided in the affirmative, congress
took the subject of foreign affairs into their own hands ; and on
the 11th of June, appointed a committee, to prepare a plan of
treaties with foreign powers. This important committee consist
ed of Mr. Dickinson, Dr. Franklin, John Adams, Mr. Harrison,
and Robert Morris.t On the 10th of July this committee re
ported a plan, which, after being amended, was, on the 27th of
August, recommitted, and Richard Henry Lee and Mr. Wilson
added to the committee : and on the 1 7th of September, the
amended plan was adopted by congress. Immediately after,
congress appointed Dr. Franklin, Mr. Deane and Mr. Jefferson
commissioners to proceed to France. Mr. Jefferson, on account
of the situation of his family, being unable to accept the appoint
ment, Arthur Lee, then in London, was substituted.
This appointment was to be kept a secret, and no member
was permitted to say any thing more on the subject, than that
congress had taken such steps as they judged necessary, for
the purpose of obtaining foreign alliances. Special instruc
tions were prepared for these commissioners, in which, after
some particular directions relative to the treaty to be proposed
to the French court, congress observed — " It is highly probable,
* Note 24. f Secret Journals of Congress, vol. 2, p. 475, supplement.
Vol. I. 50

.3go POLITICAL AND CIVIL HISTORY
that France means not to let the United States sink, in the pres
ent contest. But as the difficulty of obtaining true accounts of
our condition, may cause an opinion to be entertained, that we
are able to support the war, on our own strength and resources
longer than, in fact, we can do, it will be proper for you to press
for the immediate and explicit declaration of France in our fa
vor, upon a suggestion, that a re-union with Great Britain, may
be the consequence of a delay. Should Spain be disinclined to
our cause, from an apprehension of danger to her dominions in
South America, you are empowered to give the strongest assur
ances, that that crown will receive no molestation from the
United States, in the possession of those territories."
" You will solicit the court of France for an immediate supply
of twenty or thirty thousand muskets and bayonets, and a large
supply of ammunition and brass field-pieces, to be sent under a
convoy by France. The United States engage for the payment
ofthe arms, artillery and ammunition, and to indemnify France
for the convoy."
" You are desired to obtain, as early as possible, a public ac
knowledgment of the independency of these States, of the crown
of Great Britain, by the court of France."*
In October following, the commissioners were instructed t©
procure from the court of France, at the expense of the United
States, either by purchase or loan, eight line of battle ships of
74 and 64 guns, well manned and fitted for service ; and to ex
pedite this, with all possible diligence.
Dr. Franklin and Mr. Lee arrived at Paris, in December, and
the objects of their mission were soon made known to the French
court. The court was not yet prepared to acknowledge the indepen
dence of the United States, to form treaties with them or openly
espouse the cause of the Americans.
On the 13th of January, 1777, a paper signed by the king
himself, was read to the commissioners, by Mr. Gerard, secretary
to the council of state. The king, informed the American en-
* Secret Journals of Congress, vol. 2, p. 30.

OF THE UNITED STATES. 391
voys, in answer to their application, that, with respect to ships
of war, he should be happy to comply with their request, and
would do it without expecting any return ; but, in the pres
ent state of things, he was endeavoring to strengthen his ma
rine, and therefore could not venture to detach any ; neither
could he think it would be of any use to the United States, as it
would necessarily draw after it, a stronger force from England,
which would render it ineffectual. The giving of convoys, he
said, would be a cause of war, when it ought only to be the
consequence. It was not his intention, nor becoming his digni
ty, to draw on a war, by such indirect means. Being determined
to take no advantage of the situation which the United States
were in, he thought it not a proper time, to form a lasting union,
which, however, he very much desired. That the American
commissioners should be at liberty, to make their purchases, in
private, saving to him an observance of treaties, which he was
determined not to be the first to break. To prove his good wish
es towards the United States, he had ordered two millions of
livres to be paid to them by quarterly payments, which should
be augmented as the state of his finances would permit. The
most profound secresy, in relation to this donation, was enjoined.*
The course of policy France intended to pursue, in the contest
between Great Britain and her colonies, was now obvious ; and
with her views of the subject, was perhaps, as it regarded herself
at least, a very natural as well as wise course. She entertained
serious doubts, whether the States would be able to form a last
ing union among themselves, or persevere in maintaining their in
dependence. The French minister, in his first conference with Mr.
Deane, inquired, with seeming interest, whether if the colonists
should become independent, they would not differ among them
selves. The disastrous state of American affairs, at the close of the
year 1776, induced congress to attend more seriously to the
subject of securing foreign aid.
On the 24th of December, a committee, consisting of Mr.
Gerry, Mr. Witherspoon, Richard Henry Lee, Mr. Clarke, and
• Arthur Lee's MSS. papers.

392 POLITICAL AND CIVIL HISTORY
Samuel Adams, was appointed to prepare and report a plan for
obtaining foreign assistance.
The report of this committee was a subject of much debate.
Some ofthe members were disposed to make great sacrifices, to
obtain the aid of France, and were almost prepared to offer her
the same monopoly of American commerce, as had been enjoy
ed by Great Britain.
On the 30th of December, congress came to the resolution of
sending commissioners to the courts of Vienna, Spain, and Prus
sia, and to the grand duke of Tuscany. These commissioners
were instructed to assure the courts, to which they were sent, that
the Americans were determined to maintain their independence,
notwithstanding the insidious suggestions of the British to the
contrary. They were, also, directed to use every means in their
power, to procure the assistance of the emperor of Germany,
and the kings of France, Spain, and Prussia, to prevent Ger
man and other foreign troops being sent to America, for hostile
purposes, and to obtain the recall of those already sent.
To induce France to embark in the war, the American envoys
were authorized to stipulate, that all the trade between the Uni
ted States and the West India islands, should be carried on,
either in French or American vessels ; and were specially in
structed to assure the French king, that, if, by their joint ef
forts, the British should be excluded from any share in the cod-
fishery of America, by the reduction of the islands of New
foundland and Cape Breton, and ships of war should be furnish
ed, at the expense of the United States, to reduce Nova Sco
tia, that the fishery should be enjoyed equally between them, to
the exclusion of all other nations ; and that one half of New
foundland should belong to France, and the other half with
Cape Breton and Nova Scotia to the United States. Should
these proposals be insufficient to induce France to join in the
war ; and the commissioners were convinced that the open co
operation of France could not otherwise be obtained, they were
directed to assure his most christian majesty, that such of the
West India Islands, as might, in the course of the war, be re-

OF THE UNITED STATES. 393
duced, should be yielded to him in absolute property ; and the
United States were to engage to furnish, at their expense, and
deliver, at some convenient port in the United States, provisions
for carrying on expeditions against those islands, to the amount
of two millions of dollars, and also six frigates, mounting not less
than twenty four guns each, manned and fitted for sea, and to
render any other assistance in their power, as should become
good allies.
The envoys to France and Spain were instructed to prepare a
treaty between America and the latter nation, similar to the one
proposed to France ; and to induce the king of Spain to unite in
the contest, were to propose, " that if his Catholic majesty would
join with the United States in the war against Great Britain, they
would assist in reducing to the possession of Spain, the town and
harbor of Pensacola ; provided that the citizens and inhabitants
of the United States, should have the free and uninterrupted nav
igation of the Mississippi, and use of the harbor of Pensacola ;
and would, provided it be true that his Portuguese majesty has
insultingly expelled the vessels of these states from his ports, or
hath confiscated any such vessels, declare war against the said
king, if that measure should be agreeable to, and be supported by
the courts of France and Spain."*
William Lee was appointed commissioner to the courts of Vi
enna and Berlin, Ralph Izard to the duke of Tuscany, and Dr.
Franklin to Spain.! Arthur Lee, was afterwards appointed, in
the room of Dr. Franklin, to the Spanish court.
After receiving the additional instructions, their American en
voys again pressed the French and Spanish courts, openly to ac
knowledge the independence of the states, and join in the war.
In communicating their new instructions to the French minister,
the American commissioners informed him, that " congress,
though firmly determined to maintain, as long as possible, their
independence, whether assisted or not by any other power, yet
for the sake of humanity, wishing universal peace, they would
* Secret Journals of Congress, vol. 2, pp. 38, 39, 40. t Note 2-5.

394 POLITICAL AND CIVIL HISTORY
not, for the advantage of America only, desire to kindle a war in
Europe, the extent and direction of which cannot be foreseen."
" They, therefore, as well for reasons of respect to the king,
whose character they venerate, do not presume to propose, that
France should enter into a war, merely on their account. But if
France, to obtain satisfaction from Britain, for the injuries receiv
ed in the last war, commenced by that nation, in a manner con
trary to the law of nations, or from any other just cause, should
think it right to make use of the present occasion, in declaring
war against Britain, we are directed to offer the following advan
tageous additions, to those of commerce already proposed." Af
ter stating the new propositions, they conclude, "but if it be de
termined by his most christian majesty, to remain in peace with
Great Britain ; the congress, do then pray, that his majesty would
be pleased to use his influence in Europe, for preventing the fur
ther transportation of foreign troops into America, to serve
against the United States, and to obtain a recall of those already
there ; and having unbounded confidence in the king's goodness
and wisdom, they pray his advice in their present circumstances,
whether to apply to any of the other powers of Europe for auxil
iary aids, or to make offers of peace to Great Britain, on condi
tion of their independence being acknowledged. In neither of
these points," they say, " would the congress take a step, without
consulting his majesty's ministers, and we hope for a favorable
answer."* These new offers, were still insufficient to induce France to
depart from the line of policy, she had adopted. The French
court evidently waited for events, evincing beyond all doubt, the
determination and ability ofthe Americans to maintain their inde
pendence ; and was unwilling openly to afford assistance, until
perfectly satisfied, that such assistance, would render reconcilia
tion impossible. The American commissioners, however, were
secretly permitted to fit out a number of vessels from French
ports, to cruise against the British ; and prizes were brought in
and sold in France. * Deane's MSS. Papers.

OF THE UNITED STATES. 395
The British minister, lord Stormont, loudly complained of this
proceeding ; and the French court issued orders to prevent it ;
but these orders were not rigidly enforced. Lord Stormont, also,
complained, of the shipments of arms and ammunitions from
French ports directly to America, and demanded a prohibiton of
all such shipments. The French minister engaged to prohibit the
exportation of warlike stores ; and vessels laden with arms and
ammunition, were actually detained for some time, but at length
permitted to depart. The British minister again complained of
these shipments, and ofa breach ofthe engagement. These com
plaints were made, , at a particular time, in so menacing a tone,
to the count de Vergennes, that the latter said to him, " if this,
Mr. Ambassador, is a declaration of war, which you have an
nounced to me, permit me to announce it to the king." Upon
this the ambassador softened down, and was sensible he had gone
too far.*
The American envoys experienced great difficulty and embar
rassment in their negociations, from reports, industriously circu
lated in Europe, in the year 1777, by the emissaries of Great Brit
ain, that a reconciliation between the two countries would soon
take place, in pursuance of negociations between congress and
the British commissioners, sent to America. Great Britain had
likewise taken measures, to secure the favor of the European
powers, or at least, their neutrality in the contest with her colo
nies. In the summer of 1777, Arthur Lee went to Berlin, to sound
the Prussian court, on the subject of American affairs. Mr. Lee
was not received in a public character ; and was informed by
the Prussian minister, " that his majesty had pledged his honor t©
the king of Great Britain, not to interfere in the dispute, and was
determined not to commit himself."
The Prussian minister, therefore, desired Mr. Lee to confine
himself to the subject of trade, as he could hear no other propo
sitions. While Mr. Lee was at Berlin, his papers were stolen from his
lodgings, in a most extraordinary manner ; and the British en-
* Historie, &c. de la diplomatic francaise, by Flassan.

396 POLITICAL AND CIVIL" HISTORY
voy, at the Prussian court, was implicated in this transaction. Mr.
Lee himself, gives this account of it, in a letter to the secret com
mittee of congress. " While I was at dinner one day, some per
son contrived to get into my chamber, which was locked, and
broke open my desk, from whence he took all my papers. I
soon discovered the robbery, and alarming the police, the Eng
lish envoy, who happened to be in the hotel when the alarm was
given, immediately went home, and in a few minutes, the papers,
apparently unopened, were returned. The envoy went to the
king next day, to excuse himself, but was refused admittance.
It appeared, upon examination, that his servant had frequently
offered a large sum, to the servants of the house, if they would
steal my papers. But as I never went out of my room, upon the
most trifling occasion, without locking them up, they were oblig
ed to have recourse to violence."
An extreme jealousy in regard to the objects of Mr. Lee, and
perhaps a distrust of the Prussian court, led to this outrageous
act. To counteract the false reports, circulated throughout Europe,
relative to a reconciliation between Great Britain and America.?
congress, on the 22d of November 1777, instructed their com
missioners, to declare to the respective courts, to which they were
sent, that all proposals for a treaty, between the king of Great
Britain and the United States, inconsistent with their independ
ence, or with such treaties or alliances, as might be formed un
der their authority, would be rejected by congress. This declar
ation, however, was npt to be made, until, upon a general con
sultation of all the commissioners, a majority should deem it ne
cessary.* Such was the political state of American affairs
abroad, when the news of the capture of general Burgoyne and
his army reached Europe. Fortunately for the United States, the
force ofthe enemy was divided in the campaign of 1777. Gen
eral Howe, by the way of the Chesapeake, advanced into the
state of Pennsylvania ; and on the 26th of September, took pos
session of Philadelphia ; while general Burgoyne, with a well ap-
* Note 26.

OF THE UNITED STATES. 397
pointed army, advanced from Canada towards Albany, in the
state of New York.
As the highest hopes of the British nation, as well as of the
ministry, rested on the success of the army under general Bur
goyne during this campaign, the news of their capture, not only
disappointed the expectations, but mortified the pride of the
people of Great Britain. This unfortunate intelligence was an
nounced, in parliament, then in session, on the 3d of December ;
and drew from the members in opposition, a powerful and point
ed attack upon the ministry^ They were accused of incapacity
and ignorance, in the formation and in the execution of their plans
for subduing America. Lord North, with his usual adroitnes^,
acknowledged they had been unfortunate ; but denied, that any
blame could be attached to the ministers themselves. Unprepar
ed for so unexpected an event, he soon moved for an adjourn
ment of parliament, to the 20th of January.
This was opposed as an extraordinary measure, at a time,
which, called for the immediate attention of parliament, to repair
the loss the nation had sustained. In reply to objections of this
kind to so long an adjournment, the minister stated that it would
afford an opportunity, after the events of the campaign were fully
known, to prepare a plan of reconciliation. Lord North said,
" he hoped the campaign had produced events, which would en
able us to prepare and enforce terms of conciliation with the
colonies, on true constitutional grounds, with respect to both. "
" It would be absurd," he said, " to propose American plans,
which depend upon the state of America ; when we could, at
best, pretend to a very partial knowledge of it. The events ofthe
campaign would be known, at the time proposed for their meet
ing ; and then, when the whole of the military operations, and of
the intended measures, could come properly together before them,
he would move the house to consider of the concessions which it
might be proper for them to lay down, as the basis of a treaty ;
and he yet trusted, that their endeavors would prove effectual in
bringing about a, permanent peace, and a lasting union between
both countries."* * Annual Register for 1778, p. 74.
Vol. I. 51

398 POLITICAL AND CIVIL HISTORY
The motion of the minister prevailed, and on the 11th of De
cember, parliament adjourned to the 20th of January following.
The success of the arms of the United States, by the capture
of so fine an army, unassisted by foreign troops, gave a new as
pect to their political affairs, not only in England, but in France,
and indeed throughout Europe.
The American commissioners at Paris, now stood on com
manding ground. The French court, aware ofthe views of the
British ministry, in relation to the colonies, no longer hesitated
about accepting the propositions of the American envoys.
On the 16th of December, Mr. Gerard informed the American
commissioners, by order from the king, " that after a long and
mature deliberation upon their propositions, his majesty had de
termined to recognize the independence of, and to enter into a
a treaty of commerce and alliance,, with the United States of
America ; and that he would not only acknowledge their inde
pendence, but actually support it, with all the means in his power ;
that perhaps he was about to engage himself in an expensive
war, upon this account, but that he did not expect to be reimburs
ed by them ; in fine, the Americans were not to think, that he
had entered into this resolution, solely with a view of serving
them, since independently of his real attachment to them and
their cause, it was evidently the interest of France to diminish
the power of England, by severing her colonies from her."*
By the principles of the family compact, the king of Spain
was to be consulted before the treaties were concluded. The
subject was deemed of sufficient importance, to induce the king
of France to send a letter to his uncle the king of Spain, under
his hand, giving the reasons for his final acceptance of the over
tures of the Americans, and requesting his concurrence in the
measure. This is one of those interesting and curious state pa
pers, which the French revolution brought to light ; and as it dis
closes not only the policy pursued by the French court, from the
commencement of the contest between Great Britain and her
colonies, but also the reasons which induced the king finally to
* Franklin's Works, vol. 1, p. 382.

OF#THE UNITED STATES. 399
accede to the overtures of the Americans, we presume it will not
be unacceptable to the reader. It bore date the 8th of January,
1778. " The sincere desire," said the French king to his uncle, the
king of Spain, " which I feel of maintaining the true harmony
and unity of our system of alliance, which must always have an
imposing character for our enemies, induces me to state to%your
majesty, my way of thinking, on the present condition of affairs."
" England, our common and inveterate enemy has been en
gaged for three years, in a war with her American colonies. We
had agreed not to intermeddle with it, and viewing both sides as
English, we made our trade free to the one, that found most ad
vantage in a commercial intercourse. In this manner, Amer
ica provided herself with arms and ammunition, of which she
was destitute ; I do not speak of the succors of money und other
kinds, which we have given her, the whole ostensibly on the score
of trade."
" England has taken umbrage, at these succors, and has not
concealed from us that she will be revenged, sooner or later. She
has already, indeed, seized several of our merchant vessels, and
refused restitution. We have lost no time on our part. We
have fortified our most exposed colonies, and placed our fleets
upon a respectable footing, which has contributed to aggravate
the ill humor of England.
" Such was the posture of affairs in November last. The de
struction of the army of Burgoyne, and the straitened condition
of Howe, have lately changed the face of things. America is
triumphant, and England cast down ; but the latter has still a
great, unbroken maritime force, and the hope oi forming a bene
ficial alliance with the colonies, the impossibility of their being sub
dued by arms being now demonstrated. All the English parties
agree on this point. Lord North has himself announced in full
parliament, a plan of pacification for the first session, and all
sides are assiduously employed upon it.
" Thus it is the same to us, whether this minister, or any other
be in power. From different motives, they join against us, and

400 POLITICAL AND CIVIL HISTORY
do not forget our bad offices. They will fall upon us, in as
great strength, as if the war had not existed. This being under
stood, and our grievances against England notc-Vious, I have
thought, after taking the advice of my council, and particularly
that of M. D'Ossune, aud having consulted upon the propositions
which the insurgents make, to treat with them, to prevent their
reunion with their mother country.
" flay before your majesty my views of the subject. I have
ordered a memorial to be submitted to you, in which they are
presented in more detail. I desire, eagerly, they should meet
your approbation ; knowing the weight of your probity, your ma
jesty will not doubt the lively and sincere friendship, with which
I am yours, &c."*
The king of Spain, for reasons which will be stated hereafter,
refused to join with France, in her negociations with the Amer
ican commissioners. The French king, however, still proceeded,
and on the 6th of February, 1778, a treaty of commerce was
signed by Franklin, Deane, and Lee, on the part of the United
States, and by Mr. Gerard, on the part of France, together with
a treaty of defensive alliance, in case war should be the conse
quence of this commercial connection.
By the terms of the treaty of alliance, if war should break out
between France and Great Britain, during the continuance of
that between the United States and England, the allies were to
make it a common cause ; and to aid each other, with their
good offices, counsel and forces, according to the exigence of
circumstances. The essential and direct end of the alliance was, " to main
tain the liberty, sovereignty, and independence, absolute and un
limited, of the United States, as well in matters of government,
as of commerce." In case Canada and the other provinces, in
the power of Great Britain, or the islands of Bermudas, should
be conquered, the same were to belong to the United States r
and all conquests, that might be made in the West Indies, were
to appertain to the crown of France.
* Histoire, &c._de la Diplomatic Francajse, vol. 7,

OF THE UNITED STATES. 401
Neither party was to conclude either truce, or peace, without
the consent of the other ; and the parties mutually engaged, not
to lay down their arms, until the independence of the United
States should be formally or tacitly assured by the treaty or
treaties, that should terminate the war.
The United States guarantied to France, her possessions in
America, together with those she might acquire, by the treaty of
peace ; and France guarantied to the United States, their inde
pendence, and their possessions, with those they might obtain,
by conquest, from Great Britain.
Each party was to fulfil its part of the treaty, according to its
own power and circumstances, and no after-claim of compensa
tion was to be made on either side, whatever might be the cost
of the war.
To this treaty of alliance there was annexed a secret article,
that the king of Spain might accede to both treaties, at such time
as he should judge proper ; or with such alterations, as might be
agreed upon by him, and the American commissioner^, to the
court of Spain.
Though France wa? thus slow, in openly espousing the cause
of America, she had kept a watchful eye on the progress of the
disputes between Great Britain and her colonies from their com.
mencement, and had secretly and voluntarily furnished aid to the
latter; and to this portion of American political history, we now
beg leave to call the attention of the reader.
In 1767, the French Minister at the court of London, was
very attentive to Dr. Franklin, made him many visits, and was
very inquisitive in relation to American affairs. Alluding to these
circumstances, and to what might be the views of the French,
Dr. Franklin, in a letter to his son, observes, " I fancy that in
triguing nation, would like very well to meddle, on this occasion,
and blow up the coals between Great Britain and her colonies,
but I hope we shall give them no opportunity."* As the contest
became serious, it claimed the particular attention of the French
Minister, who, in April 1776, presented a memorial to the king,
* Franklin's Works, vol. 1, p. 220.

402 POLITICAL AND CIVIL HISTORY
on the subject. This memorial and the reflections of Mr. Turgot
upon it, developed the views and policy of the French court, in
relation to America at that period of the contest. Hostility was
to be avoided, on the part of France, but aids in arms and am
munition, and even money were to be furnished, but in the most
secret manner. " An offensive war, on our part," says Mr. Tur
got, " would unite the mother country to her colonies, by giving
to the minister a pretext for yielding, and to the colonies a motive
for acceding to his propositions, in order to obtain time to con
solidate themselves, to ripen their projects, and to multiply their
means." The principal measures to be pursued by the French
court, as stated by Mr. Turgot were,
1. "To endeavor to be informed of what is passing in the
English colonies, avoiding in the mean time, any thing, which
might create an opinion, that we have there any direct and au
thorised agent."
2. " To facilitate to the colonists, the means of procuring, in
the way .of commerce, the articles and even the money, which
they need ; but without departing from neutrality, and without
giving them direct succors."
3. " To re-establish, without eclat, our marine ; to fill our
magazines, repair our vessels, and put ourselves in a condition to
fit out, with despatch, when it shall be necessary, a squadron at
Toulon, another at Brest, while Spain shall fit out one at Ferrol."
4. " If we shall have just cause to fear still more imminent
danger, actually fit out the squadrons, but detain thern^ in port.
To precipitate nothing, unless the conduct of England shall afford
real cause to believe, that she had determined to commence hos
tilities."* The French court having determined to assist the Americans,
but in the most secret manner, so as not to compromit the neu
trality ofthe nation, in the spring of 1776, sent an agent to Lon
don, by the name of Beaumarchais, to make arrangements for
that purpose. He was there introduced to Arthur Lee, the agent
of the secret committee of Congress. Beaumarchais informed
Mr. Lee, that the French court desired to send to America,
* Life of Washington, G. Marshall, vol. 3, pp. 409, 410,

OF THE UNITED STATES. 403
200,000 louis dors, in arms, ammunition and specie, but in a se
cret manner. It was agreed between them, that the remittance
should be made, by the way of cape Francois, in the fictitious
name of Hortales.
He requested of Mr. Lee, to give the earliest intelligence of this
to congress ; and that a small quantity of tobacco, or some other
production of America, might be returned, to give it the air of a
mercantile transaction ; declaring, that it was for a cover only,
not for payment, as the remittance was gratuitous on the part of
the French court. This was the commencement of a transac
tion, which for a long time was involved in mystery, and in its
progress, connected with the claim made upon the American
government, by Beaumarchais himself, greatly divided the na
tional councils. The following facts may throw some light on
this curious and not uninteresting part ofthe secret political his
tory of the American revolution. Mr. Lee, by a captain Storey,
made a verbal communication of this important intelligence, [for
he dare not trust it in writing,] to the secret committee, who
judged it necessary to conceal it, even from the members of con
gress.* While Beaumarchais was in London, he no doubt informed
Vergennes of the arrangement made with Mr. Lee, and the min
ister immediately took measures to carry it into effect.
On the 2d of May 1776, he submitted the subject to the king,
in the following note.
" I have the honor of submitting to your majesty the paper
which is to authorise me to furnish a million of livres for the
English colonies, if you should deign to ratify it, with your sig
nature. I add, too, Sire, the draft of the reply which I mean to
make to Mr. Beaumarchais, if your majesty shall approve of it ;
I beg it may be returned to me without delay. It shall not go
forth in my hand writing, nor in that of any of my clerks or sec
retaries ; I will employ that of my son, which cannot be known,
and although he is in his fifteenth year, I can answer positively
for his discretion. As it is of consequence, that this operation
* Note 26.

404 POLITICAL AND CIVIL HISTORY
should not be detected, or, at least, not imputed to the govern
ment, I propose, if your majesty consents, to call hither the Sieur
Montaudoin ; the ostensible motive will be to ask an account of
his correspondence with the Americans, and the real one, to
charge him with the transmission to them, of the funds, which
your majesty is pleased to grant them, directing, at the same time,
all the precautions to betaken as if he advanced the funds on his
own account.
" On this head, also, I take the liberty of requesting the orders
of your majesty. That being done, I will write to the marquis
Grimaldi.* I will inform him in detail, of our operations, and
propose to him [de la doubler] to do .the same.t
The king immediately gave his prime minister the authority re
quired ; and M. de Harvelay, keeper of the royal treasury, was
directed to hold this million of livres, subject to the particular or
der of Vergennes. This order was afterwards given, and on the
lOthofJune 1776, the same was paid into the hands of Beau
marchais at Paris, and for which he gave his receipt to Ver
gennes. Beaumarchais returned from London to Paris, sometime in
May, and this million was placed in his hands, as the secret agent
of the French government, to be applied by him, " for the Eng
lish colonies," in the manner directed in the minister's note above
mentioned. The particular manner, in which this receipt was ob
tained by the American government, will be stated hereafter. As
this " operation" was to be managed, in such a mode, as " not to
be detected, or at least, not to be imputed to the government,"
it was to assume the appearance of a private commercial trans
action, as arranged between Mr. Lee and Beaumarchais at Lon
don.1 After the latter returned to Paris, a correspondence was carri
ed on between him and Mr. Lee ; and, in order more completely
to elude discovery, and to conceal the nature of the transaction,
this was done, in a mysterious manner, partly in cypher, and un
der fictitious names. Mr. Lee assumed the name of Mary John-
* Secretary of Foreign Affairs in Spain. -f Flassan vol. 7.

OF THE UNITED STATES. 405
son, and Beaumarchais, that of Roderique, Hortales &, Co.
These transactions took place, before Mr. Deane arrived at Paris.
Immediately after Mr. Deane's first interview with Vergennes,
which we have before noticed, Beaumarchais, with a recommen
dation from the minister, called upon him and made proposals
to furnish every thing he might want.
Dr. Dubourg, who was particularly friendly to the American
cause, made serious objections to Mr. Deane's trusting to the
promises of Beaumarchais, who, though a man of abilities, was a
man of pleasure, and not of business. This produced another
interview with Vergennes, in which the latter informed Mr. Deane,
that he might rely on whatever Beaumarchais should engage in
the commercial way of supplies. During this conference, Mr.
Deane furnished Vergennes with a copy of that part of his in
structions relative to procuring arms and ammunition ; and when
Mr. Deane pressed upon him the critical situation ofthe United
States, and their great want of an immediate supply of arms, the
minister assured him, no delay should be made in their shipment,
by any officers of the customs, or others.
Mr. Deane now understood, how this business was to be man
aged by the French court ; and negociations between him and
Beaumarchais commenced, and arrangements made accordingly.
In one of his first communications, Beaumarchais says to Mr.
Deane, " I have already tried several means to open a secret and
sure correspondence between the general congress and a house,
which I am about to establish, on that occasion ; I shall exert my
endeavors to provide the continent, either by the way of the West
Indies, or straight from hence, if possible, all such articles, which
the Americans shall be in need of, and which they cannot any
more get from England. I have already mentioned my plan, to
a gentleman in London, who pretends to be much attached to
America ; but our correspondence, since I left England, having
been carried on with difficulty and in cyphers, I have received no
answer to my last, in which I tried to fix some terms for that great
and important affair."
Vol. I. 52

406 POLITICAL AND CIVIL HISTORY
In conclusion he informs Mr. Deane, that he would renew the
negociations with him.
The execution of the plan required no little management on
the part of the French court and its secret agent. Every move
ment in France, was viewed with extreme jealousy, by the English
minister. Mr. Deane's mission was known to the British court,
before his arrival in France ; and soon after his arrival, a demand
was made by the British minister, that the French government,
should deliver him up as a rebel. This demand,however, was refus
ed. Immediately after Deane's second conference with the count
de Vergennes, an arrangement was made by him with Beaumar
chais, for a^ large supply of cannon, arms, and clothing ; and in
fact, the cannon and arms were taken from the king's arsenals.
The American commissioners were given to understand, that
the supplies, furnished by Beaumarchais, or the most of them,
were a free gift from the French court ; but they were strictly
charged to keep this a dead secret, even from the members of
congress. Allusions, however, were made to the origin of these
supplies, in some of the first letters ofthe commissioners. Mr.
Deane, in a note ofthe first of December 1776, informs the secret
committee, that he had been credited with two hundred brass
cannon, and with arms, and ammunition to a large amount, '¦'•not
ostensibly by the court, but by a private company." And in one
of a subsequent date, he says, " that Beaumarchais furnished the
supplies ostensibly, but that they really came from a higher
source."* Mr. Lee, in a letter ofthe 3d of January 1777, also, refers to
this subject. " The politics of this court," he tells the secret com
mittee, "are in a kind of trembling hesitation. It is, in conse
quence of this, that the promises made to me, by the French
agent in London, and which I stated to you, by Mr. Storey and
others, have not been entirely fulfilled. The changing the mode
of conveying what they promised, was settled with Mr. Deane,
whom Hortales or Beaumarchais found here, on his return from
London, and with whom all the arrangements were made."
1 Report of the board of Treasury in 1788, on the claim of Beaumarchais.

OF THE UNITED STATES. 407
As early as the 18th of August 1776, Beaumarchais himself,
under the assumed name of Roderique, Hortales & Co., addres
sed a letter to the secret committee. This, together with des
patches from Deane of the same date, were sent by the hands of
Mr. McCreary, an American merchant ; who had strict orders to
destroy both, in case of his capture by the enemy. The vessel,
in which Mr. McCreary returned to America, was captured off
the capes of Delaware ; and in pursuance of his orders, the des
patches were sunk. A duplicate of Beaumarchais' letter after
wards came to hand. It disclosed the real character in which
he acted. He informed the secret committee, that the respectful
esteem he had towards a brave people, who so well defended their
liberty, had induced him to form apian concurring in that great
work, " by establishing," as he said, " an extensive commercial
house, solely for the purpose of serving you' in Europe ; thence to
supply you with necessaries of every sort, to furnish you expedi
tiously and certainly with all articles, clothes, linen, powder, am
munition, muskets, cannon, or even gold for the payment of your
troops, and in general, every thing that can be useful for the hon
orable war, in which you are engaged. Your deputies, gentle
men, will find in me a sure friend, an asylum in my house, money
in my coffers, and every means of facilitating their operations,
whether of a public or secret nature. I will, if possible, remove
all obstacles that may oppose your wishes from the politics of Eu
rope." With respect to the conduct ofthe French court, he says, " not
withstanding the open opposition which the king of France, his
ministers, and the agents of administration show, and ought to
show to every thing that carries the least appearance of violating
foreign treaties, and the internal ordinances of the kingdom, I
dare promise you, gentlemen, that my indefatigable zeal shall
never be wanting to clear up difficulties, soften prohibitions, and
in short, facilitate all operations of a commerce, which my advan
tage, much less than yours, has made me undertake with you."
" What I have just informed you of, gentlemen, is only a gen
eral sketch, subject to all the augmentations and restrictions.

408 POLITICAL AND CIVIL HISTORY
which events may point out to us. One thing can never vary or
diminish, 'tis the avowed and ardent desire I have of serving you
to the utmost of my power. You will recollect my signature ;
that one of your friends in London some time ago informed you
of my favorable disposition towards you, and my attachment to
your interest. Look upon my house then, gentlemen, from hence
forward, as the chief of all useful operations to you, in Europe,
and my person as one of the most zealous partizans of your cause,
the soul of your success, and a man the most deeply impressed
with respectful esteem, &c." In a postscript, he subjoins, " I
ought, also, to intimate to you, that from the nature of my con
nection, 'tis to be wished you would use discretion, even in the ac
counts, that you give to the general congress."
" Every thing that passes in your great assemblies is known, I
cannot tell how, at the court of Great Britain ; some indiscreet or
perfidious citizen sends an exact account of your proceedings to
the palace of St. James."
" In times of great exigency, gentlemen, Rome had a dictator '•>
and in a state of danger, the more the executive power is brought
to a point, the more certain will be its effect, and there will be
less to fear from indiscretion. It is to your wisdom, I make this
remark ; if it seems to you just and well planned, look upon it as
a mark oi my ardor for your rising republic."*
This letter was intended, no doubt, to convey to the Americans,
the feelings and views of the French court, towards their cause,
as well as the secret and indirect manner, in which his most chris
tian majesty was disposed to afford them every aid in his power,
without departing from a neutral position.
That commerce alone, was not the object of establishing this
imaginary company, is apparent, also, from a second letter writ
ten by Beaumarchais, to the same committee, on the 15th ofthe
following month, after the news of the American declaration of
independence had reached France. " In addition to the offers of
what I possess, I shall presume," he says, "to make another of
those reflections, which I think may be useful to you. Living in
* Note 27.

OF THE UNITED STATES. 409
Europe, and being better able than you to unfold the secret
springs, which give motion to states in this part of the world, and
above all, persuaded, that you have only shaken off the yoke of
one of the people that compose it, to become a more certain
friend to the rest, I will venture to reason with you, upon your
present situation. Whatever haughty confidence, gentlemen,
your enemies may affect, your declaration of independence has
thrown them into consternation ; flattering themselves no more
to regain you by their adroitness, they begin to fear they will not
be able to subdue you by force. Their finances shattered, their
commerce lessened, their force exhausted, plainly indicate that
the present great effort is the last thing they will be able to make
against you ; and if your courage, is only sufficiently fortunate to
bear the weight of the present campaign, it is almost impossible
that they will dare to undertake another.
" But whilst you are fighting in America, to free yourselves
from this yoke, the events of Europe concur to hasten the mo
ment of your delivery. The blunder Portugal has lately fallen
into, of shutting her ports, with still more imprudence than
haughtiness, seems to be an act of heaven in your favor, of which
you cannot too soon avail yourselves. From the resentment
which Spain has long borne foi Portugal, and if I had the honor
of presiding in your committee, gentlemen, I would not hesitate
to persuade you, immediately to declare war against Portugal,
and without delay to send a fleet to Brazils. This unexpected
and bold measure would be productive of many good effects;
the first would be certainly to interest Spain in your success, and
perhaps engaging her to make a like declaration against Portu
gal. From that moment, united with Spain in resentment, you
become in some sort, her allies ; for the enemies of our enemies
are more than half our friends. Don't entertain a doubt but that
power will then open her American ports to your armed vessels,
and send a private order to receive in them your privateers and
the prizes they may make upon the Portuguese."
" And if your declaration is fortunate enough to draw Spain
in openly, as I scarce have a doubt but it will, so great a diver-

410 POLITICAL AND CIVIL HISTORY
sion will soon oblige the English to divide their force, arid fly to
the assistance of Portugal ; unless they choose to lose also, this
sort of a colony, at the same time, that you are openly renounc
ing their authority, which is not probable. And what immense
advantage would this division of their forces give to a collection
of yours ; and your force and success will be continually increas
ing, if Spain declares itself openly for the assistance of vessels.
" Troops and money, which France cannot refuse to that power,
when she enters into a war, according to the spirit and letter of
the family compact, will render it necessary for England to sup
ply Portugal with more considerable support. Then all the re
proaches of England, cannot prevent France from opening her
ports to you without reserve, and permitting you to draw from
thence, by way of trade, plentiful supplies of every sort. What
do you require of us, the minister of France would say to the
English ambassador ?
" The king, our master, furnishes assistance to Spain, much less
from a desire of making war, than from faithfully observing his
treaties. If he had any other motive than a regard to his en
gagements, what should hinder him, at present from making, use
of so fine an opportunity to make war upon yourselves ; and if
he does not make it, upon his rivals and almost his enemies,
ought he to provoke any of your people to declare it against
him ? See what has happened to Portugal ; do you wish that in
shutting our ports to the Americans, with whom we have no
dispute, we should suggest to them an inclination of attacking
our American possessions, or seducing and detaching from us
our colonies, by a hope of associating with them ? Do you wish
they should desolate our islands, by the multitude of their cruisers,
against which the whole force of England, at this time, can do
nothing ? To oblige the English, shall we fall into the absurdity
of making war against the Americans on the one hand, whilst on
the other, in assisting Spain, we shall be forced, perhaps, to act
in concert with the same Americans, against the Portuguese.
This, gentlemen, is what our minister would say, and this appears
to me unanswerable — and who knows how far things may be

OF THE UNITED STATES. 411
carried in Europe, from interests so different, so remote, and at
the same time, so confounded together. Now all this may, and
probably will be the fruit of your declaring war against Portu
gal. " I have taken this second opportunity," he adds, " to trans
mit this advice to you ; it seemed to strike your deputy, whose
good sense immediately perceives whatever has force or proprie
ty in it. I doubt not but he will write to the same purpose. It
is therefore my opinion, gentlemen, that you cannot too soon
weigh the importance of this idea and come to some resolution
thereupon worthy of your bravery. Lay hold of the encourage
ments which fortune offers, and which my respectful attachment
to you points out."*
The suggestions or advice contained in this letter, did not pass
unnoticed by congress. The American commissioners were af
terwards instructed as before stated, to assure the king of Spain
that if his Portuguese majesty had expelled the vessels of the
United States, from his ports or had confiscated their vessels,
they would declare war against him, if such a measure should be
-' agreeable to and supported by the courts of France and Spain."
We would here state that the king of Spain furnished a part
of the supplies sent to America, through the agency of Beaumar
chais. It will be remembered that the count de Vergennes, in
his note to the king of the 2d of May, intimates that he should
write to the marquis de Grimaldi, the Spanish secretary of for
eign affairs, and request a grant of a million of livres also, from,
his court, for the use of the Americans. This request was, no
doubt, made by the French minister, and complied with, on the
part of the king of Spain.
Arthur Lee went to Spain in March, 1777, on American af
fairs ; and in his first conference with the Spanish secretary, the
latter " hinted to him, that Spam had contributed part of what
had been given in France." In August of the same year, Mr.
Lee ascertained, as a certain fact, that Spain sent to France, a
* State Papers at Washington.

412 POLITICAL AND CIVIL HISTORY
million of livres, for the Americans, more than a year previous to
that time.*
This will serve to explain that part of his most christian majes
ty's letter of the 8th of January, 1778, to the king of Spain, be
fore mentioned, in which, after referring to the general commerce,
both had permitted America to enjoy, in their respective ports,
he says, " I do not speak of the succors of money and other
kinds, which we have given her, the whole ostensibly on the score
of trade." The king of Spain, as well is of France, was there
fore, a secret partner in this mysterious commercial house of
Roderique, Hortales &, Co. the name of which, so often appears
on the journals of congress, and in the records of the general
government. The American commissioners, particularly Dr. Franklin, and
Mr. Lee, in the latter part of the year 1777, thought it necessary,
notwithstanding the injunction of secrecy imposed upon them, to
be more explicit in their communications, on the subject of these
supplies. On the 16th of August, Mr. Lee, in a letter to the se
cret committee, referring to the cargoes of arms, ammunition,
&c, sent to America, by Beaumarchais, said " M. de Ver
gennes the minister, and his secretary, have repeatedly assured
us, that no return was to be expected for these cargoes, or for
what M. de Beaumarchais furnished us. This gentleman is not a
merchant, but is known as a political agent, employed by the
French court. Remittances, therefore, to him, so far from covering
the business, would create suspicions, or rather satisfy the British
court, these suspicions were just. At the same time his circum
stances and situation, forbid one to hope, that your property
being once in his hands, could be recovered ; and as an attempt
to force him to account, would hazard a discovery of the whole
transaction, this government would, of course, discountenance,
or forbid it. These are the facts, which I thought it my duty to
state to you."* This letter, unfortunately, never reached the
committee. The subject was mentioned by the commissioners,
in their joint letter of the 7th of October, 1777, to the secret
* Arthur Lee's MSS. Paper.*.

OF THE UNITED STATES. 413
committee. After speaking of a memorial they had just present
ed to the courts both of France and Spuin, and of the receipt of
five hundred thousand livres, part ofthe two millions given, as be
fore noticed, in the preceding January, the commissioners say —
" But we aie continually charged to keep the aZ's that ate or may
be afforded us, a dead secret, even from congress, whence they
suppose England has some intelligence ; and they wish she 'v.ay
have no certain proofs to produce against them, with the other
powers of Europe. The apparent necessity of your being in
formed of the true state of your affairs, obliges us to dispense
with this injunction."
" But we intreat, that the greatest care may be taken, that no
part of it shall transpire ; nor of the assurances we have received,
that no re-payment will ever be required from us, of what has
already been given, either in money, or military stores. The
great desire here seems to be, that England should strike first,
and not be able to give her allies a good reason."*
It may, be observed, that the military stores here spoken of,
could be only those sent through Beaumarchais, as no articles of
that kind were given to the commissioners, or sent to America,
through any other channel.
On the day preceding the date of this joint letter, Mr. Lee,
also, addressed a note to the committee, which as it shows ex
plicitly the origin of the supplies sent by Beaumarchais, is pre
sented to the reader.
" Upon the subject of returns," he says, " I think it my duty to
state to you some facts, relative to demands of this kind from
Hortales. The gentleman who used this name came to me, about
a year and a half ago, in London, as an agent from this court.
wishing to communicate something to congress."
" At our first interview, he informed me, that the court of
France wished to send an aid to America of 200,000 louis dors, in
specie, arms and ammunition, and that all they wanted, was to
know, through which Island it was best to make the remittance,
and that congress should be apprised of it. We settled the cape
*Note 28.
Vol. I. 53

414 POLITICAL AND CIVIL HISTORY
as the place ; and he urged me, by no means, to omit giving the
earliest information, that it would be remitted in the name of
Hortales. At our next meeting, he desired me to request, that a
small quantity of tobacco, or some other production might be
sent to the cape, to give it the air of a mercantile transaction ;
repeating over and over again, that it was for a cover only, and
not for payment, as the remittance was gratuitous. Of all this I
informed Dr. Franklin, chairman of the committee, by sundry op
portunities ; at the same time I stated to Mr. Hortales, that if his
court would despatch eight or ten ships ofthe line to our aid, it
would enable us to destroy all the British fleet, and decide the
war, at a stroke. I repeated this to him, in a letter, after his
return to Paris ; to which the answer was, that there was not
spirit enough in his court, for such an exertion, but that he was
hastening the principal succors. Upon Mr. Deane's arrival, the
business went into his hands, and the aids were, at length, em
barked, in the Amphritrite, Mercury and Seine. The minister
has repeatedly assured us, and that in the most explicit terms,
that no return is expected for these subsidies."
A packet, containing these two important letters, was intrust
ed to an American captain, by the name of 'Folger, with orders
to deliver it, with his own hand, to the president of congress.
Captain Folger arrived at a port in North Carohna, about the
first of January 1778, and on the 1 1th of that month, delivered
the packet to Mr. Hancock the president. The packet, on
opening it, was found to contain nothing but blank papers.
Congress, had, for a long time, remained without any informa
tion from their commissioners in France, and were not a little
disappointed at the blank contents of the packet ; nor were they
able in any manner to explain this extraordinary circumstance.
The captain himself was suspected of fraud, and was strictly ex
amined by a committee of congress, appointed for that purpose.
He, in the most solemn manner, protested his innocence, and
declared, that he had delivered the packet, in the same state in
which he had received it.
The governor of North Carolina was requested to examine the
persons, who came in the ship, with Folger ; but no satisfactory

OF THE UNITED STATES. 4 15
information could be obtained from them. With a hope of find
ing some clue which might lead to a discovery of this mysterious
affair, congress directed the board of war, to confine captain
Folger, in a close prison, until further orders. In consequence
of this order, he was kept a close prisoner, until May 8th, 1778,
when, on the report of the committee of congress, declaring that
nothing was found against him, he was released, and his expenses
paid.* In the mean time, Beaumarchais sent an agent to America, by
the name of de Francey, to demand of congress, payment for all
the military stores and other articles transmitted through the house
of Hortales & Co. This agent arrived in America, about the
first of December 1777, and in the winter following repaired to
the seat ofthe general government, on the business of his mission.
He was introduced to the secret committee, by a letter from Mr.'
Deane, very briefly explaining his object. The committee were
not a little surprised at this unexpected demand ; and this sur
prise was increased, from the circumstance, that the other com
missioners had not joined with Mr. Deane, in a letter to them on
so important a subject. For many months, the committee as
well as congress, had been without any intelligence from France ;
and they were unable even to conjecture why Dr. Franklin and
Mr. Lee had omitted to send despatches by the agent of one,
who had made such strong professions in favor of the cause of
America. All was doubt and uncertainty.
" We think it strange," say the committee in a letter to the
envoys in France, " that the commissioners did not jointly vyrite
by Mr. Francey, considering the important design of his coming
over here to settle the mode of payment for the past cargoes,
sent by Roderique Hortales & Co., and to make contracts for
the future. It is certain that much eclaircissment is, at this mo
ment, wanting."!
In this state of extreme perplexity and doubt, and pressed for
payment by de Francey, congress, on the 23d of March 1778,
* Journals of Congress, vol. 4, pp. 19, 196. t Gordon, vol. 2, p. 309.

41 G POLITICAL AND CIVIL HISTORY
thought proper to pay him 20,000 dollars, and soon after to enter
into a contract to pay for all the articles already sent through
this mysterious house. By the same contract it was agreed, that
congress might draw on the same house, for twenty four millions
of ikies annually. This last stipulation was not binding unless
ratified by the American commissioners at Paris, and by the
house of Hortales & Co. Soon after this contract was com
pleted, the treaties made with France arrived, and with them
came duplicates of the despatches sent by Capt. Folger, and
the mystery relative to the blank paper, was explained.
De Francey and Folger, sailed from France about the same
time, and some person acquainted with the contents of the de
spatches entrusted to the latter, contrived, by some means, to
withdraw the original letters, and to substitute blank papers. In
what manner, and by whom this was done, has never yet been
ascertained. The mission of de Francey was concealed from Dr.
Franklin and Mr. Lee ; although it was known to Mr. Deane,
nearly a month before the date of the despatches sent by the
hands of Folger. When Dr. Franklin and Mr. Lee heard of the
mission of de Francey, they wrote to the secret committee, under
date of the 16th of February 1778, " We hear that he [Beau
marchais] has sent on a person to demand a great sum of you,
on account of arms, ammunition, &c. We think it will be best
for you, to leave that demand to be settled by us here, as there is
a mixture in it, oi public and private concern, which you cannot
so well develope." This letter, in which Mr. Deane joined with
his colleagues, came, also, with the treaties. In consequence of
the intimation contained in this letter, a copy of the agreement
made with Hortales &. Co. was sent to the American commis
sioners, with instructions to settle the accounts of that hous^, and
in such settlement to distinguish the articles furnished by the
king of Fiance, and those by individuals. In pursuance of these
instructions, the commissioners, in September 1778, addressed a
note to the French minister, enclosing a copy of the agreement
with Hortales & Co. and requesting information concerning the

OF THE UNITED STATES. 417
same. " With regard to what is past," they say, " we know
not, who the persons are, who constitute the house of Roderique
Hortales & Co. ; but we have understood, and congress have
understood, and so have the people in America in general, that
they were under obligations to his majesty's good will, for the
greatest part of the merchandise and war-like stores heretofore
furnished under the firm of Roderique Hortales & Co. We can
not discover that any written contract was ever made between
congress or any agent of theirs and the house of Roderique Hor
tales & Co. ; nor do we know of any living witnesses, or any other
evidence, whose testimony can ascertain to us, who constituted
the house of Roderique Hortales &, Co., or what were the terms,
upon which the merchandise and munitions of war, were suppli
ed, neither as to the price, nor the time or conditions of pay
ment." "-
" We have said," they subjoined, " we apprehend the United
States hold themselves under obligations to his majesty, for all
those supplies ; and we are sure it is their wish and their deter
mination to discharge the obligations to his majesty, as soon as
Providence should put it in their power. In the mean time, we
are ready to settle and liquidate the accounts, according to our
instructions, at any time, and in any manner, which his majesty
shall point out." The minister was, also, requested to inform
them, whether congress could depend on future supplies, from
the same, house.
Reasons of state had hitherto induced the French court, when
pressed on the subject by the British minister at Paris, to deny all
knowledge of the transactions of Beaumarchais, in supplying the
Americans with arms and ammunition, and even to issue orders,
prohibiting all such supplies by him or any other person. Under
these circumstances, the French minister, in answer to this note,
declared, that the king had furnished nothing, that he had simply
permitted Beaumarchais, to provide himself from his majesty^
arsenals, on condition of replacing the articles, and that he
would, with pleasure, interfere, to prevent congress, from being
pressed for the reimbursement ofthe articles of a military nature.

418 POLITICAL AND CIVIL HISTORY
He, also, very gravely told the American envoys, he did not
know the house of Hortales & Co., and, therefore, could form
no opinion of their solidity or punctuality, in fulfilling their en
gagements. Congress were dissatisfied with the conduct of Mr. Deane, in
Fiance, and in November 1777, he was recalled, and John Ad
ams appointed in his room.
Mr. Deane arrived in the United States, in July 1778, and was
soon after requested by congress, to give a statement of his trans
actions in France. His statements were far from being satisfac
tory, and he himself, was highly displeased with the proceedings
of congress towards him. In this situation, he published, in the
gazettes of the day, an address to the public ; not only complain
ing of some of his colleagues in France, but of the treatment he
had received from congress ; and in vindication of himself, allu
ded to his great services in France, in procuring, even without
being furnished with funds, large supplies of military stores and
other articles, for the use ofthe United States. In answer to this
address, Thomas Paine, then secretary of the committee of for
eign affairs, published, through the same channel, a series of pieces,
entitled, " common sense to the public, on Mr. Deane's affairs."
In these, Paine alluded to some of the secret documents, in the
department, of which he was secretary ; and particularly, the let
ters, sent by Capt. Folger, and from which he took some extracts,
which showed, as Paine declared, " that the supplies, he (Deane)
so pompously plumed himself upon, were promised and engaged,
and that, as a present, before he ever arrived in France ; and
that these aids were sent in the Amphritrite, Mercury, and Seine ;
and that France thus prefaced her alliance, with an early and
general friendship." On seeing these statements, the French
minister Gerard, considering the honor of the king to be implica
ted, presented two memorials to congress, requiring a disavowal
and contradiction of them. To quarrel with France, or her min
ister, at that time, was impossible.
Paine being called before congress, declared himself the author
ofthe publications complained of; and the next day resigned his

OF THE UNITED STATES. 419
office. After various propositions on this delicate subject, the
members ofthe national council, in January 1779, deemed it ne
cessary, to direct their president, to assure the French minister,
" that congress do fully, and in the clearest and most explicit
manner, disavow the publications referred to, in his memorials ;
and as they are convinced, by indisputable evidence, that the sup
plies shipped in the Amphritrite, Mercury, and Seine, were not a
present, and that his most christian majesty, the great and gen
erous ally of these United States, did not preface his alliance with
any supplies whatever sent to America, so they have not author
ized the writer of the said publications, to make any such asser
tions as are contained therein, but on the contrary, do highly dis
approve of the same."*
Thus by the imprudence of Paine, congress were compelled,
to save the honor of the French court, to make a declaration,
which, to say the least, they had strong reasons for believing was
not true.
Having thus been drawn in, by the most unwarrantable sup
pression of important despatches, to sanction the claim of Beau
marchais in full, and by the indiscretion of Paine, to confirm it,
congress were again pressed, by his agentv for payment. The
amount ofthe claim, as exhibited in June 1779, was about two
hundred thousand louis dors, or four millions and a half of livres ;t
and on the 18th ofthe same month, in part payment, congress
directed bills to be drawn, on their minister in France, in favor
of Beaumarchais, for two million four hundred thousand livres,
payable in three years, and also, for the interest on. this sum, to
the time of payment. Congress were not, without expectation,
that before the bills fell due, some measure would be taken by the
French court, to prevent their payment. The bills, however,
were immediately sold by Beaumarchais, were accepted by Dr.
Franklin in favor of the assignees, and as they became due, were
of course, paid by him.
* Journals' of Congress, vol. 4, and Gordon, vol. 2, pi 405.
t Journals of Congress, vol. 5, p. 189.

420 POLITICAL AND CIVIL HISTORY
When the news of their payment reached America, congress
in November 1782, directed that no further remittances or pay
ments be made to Beaumarchais, by virtue of any former resolu
tion, until his accounts should be settled, by an agent sent to
France for that purpose, and such settlement reported to that
body.* At this time, and long after, the members of the national legis
lature, were ignorant, that Beaumarchais, in June 1776, had re
ceived a million of livres for the use of the United States, and had
given his receipt for the same, as before stated ; and, in order to
preserve a connected view of the whole of this extraordinary
transaction, we think proper, in this place, though not in order
of time, to present to the reader, the manner in which these facts
came to the knowledge of the American government, a copy of
the receipt obtained, and the claim finally adjusted at the treasu
ry department.
By a contract or settlement between Dr. Franklin and the
count de Vergennes, in February, 1783, it appeared, that three
millions of livres were furnished by France, to the United States,
prior to the treaties of 1778, as " aids and subsidies," under the
title of " gratuitous assistance, from the free generosity of the
king." Two millons of this was paid directly to the American
commissioners at Paris, and was accounted for, by them, or their
bankers. No one had ever accounted for the other million, nor
was it known, for a long time, to whom it had been paid. In
1786, the secretary of congress was directed to make inquiry of
Dr. Franklin on the subject. The Doctor requested the French
government to inform him, to whom this million had been paid.
In answer to his inquiry, he was informed that it was paid, from
the royal treasury, on the 10th of June 1776 ; but the count de
Vergennes, refused to give the name of the person, to whom it
was paid, or to furnish a copy of the receipt given for it ; de
claring that this would be of no importance to the United States,
as the million was a free gift to them, and no repayment was ex
pected. * Secret Journals of Congress, vol. 3, p. 254.

OF THE UNITED STATES 421
Doctor Franklin communicated to the secretary of congress
the result of his inquiries, in a letter of January, 1787, in which
he says, " by the ministers refusing a copy of the receipt, I con
jecture, it must be money advanced, for our use, to Beaumar
chais, and that it is a mystere du cabinet, which perhaps, should
not be further inquired into, unless necessary to guard against
more demands, than may be just, from that agent. For it may
well be supposed," he subjoins, " that if the court furnished him,
with the means of supplying us, they may not be willing to fur
nish authentic proof of such a transaction, so early in our dispute
with Great Britain. Pray tell me, has he dropt his demands, or
does he still continue to worry you with them ?" Dr. Franklin
might well suppose, from a conversation, which passed in his
presence, between Vergennes and the British minister, Grenville,
at the commencement of negotiations for peace, in 1782, that
if such proof existed, the French minister would be unwilling to
produce it. In this conversation, Grenville intimated, that if the
independence of the United States should be acknowledged by
Great Britain, every thing else, should be placed upon the footing
of the peace of 1763. To this intimation Vergennes answered,
it would not be reasonable, that a nation, after making an unpro
voked and unsuccessful war upon its neighbor, should expect to
sit down whole, and have every thing restored, which she had
lost in such a war. Grenville remarked, that the war had been
provoked, by the encouragement given by France to the Amer
icans, to revolt The French minister grew warm, at this re
mark, and declared, " that the breach was made, and independ
ence declared by the Americans long before they received the
least encouragement from France, and he defied the world tp
prove it."*
Beaumarchais still continued to press for the payment of the
residue of his demands ; and in 1788, his claim was referred to
the board of treasury. The members of this board, in their re
port of September of that year, declared, that the million in
* Franklin's Works, vol. 3, p. 232.
Vol. L 54

422 POLITICAL AND CIVIL HISTORY, &c.
question, if paid to Beaumarchais, agreeably to the suggestion
of Dr. Franklin, ought to be charged against his claim.
That this million was received by him, rested in conjecture, un
til 1794, when Governeur Morris, the American minister at Paris,
was directed to apply to the then government of France, for the
name of the person to whom this million had been paid. The of
ficers of the government, readily complied with his request, and
furnished him with a copy of Beaumarchais' receipt before men
tioned, for the million in question, da!ted the 10th of June, 1776 ;
the original being found among a set of papers filed " United
States." The accounting officers of the treasury of the United States,
after receiving this information, charged this million with interest
against the claim of Beaumarchais, and paid him the balance.
Against this charge he and his heirs have complained and appli
ed to congress for relief.

APPENDIX-NOTES.

NO. 1.
Articles ofconfederation between the plantations under the government qf
the Massachusetts, New Plymouth, Connecticut, New Haven, in New
England, with ihe plantations in combination with them.
Whereas, we all came into these parts of America with one and the
same end and aim, namely, to advance the kingdom of our Lord Jesus
Christ, and to enjoy the liberties of the gospel in purity with peace j
and whereas in our settling, (by the wise providence of God,) we are
further dispersed from the sea coast and rivers, than was at the first
intended, so that we cannot according to our desire, with convenience
communicate in one government and jurisdiction; and whereas, we
live encompassed with people of several nations and strange languages,
which hereafter may prove injurious to us and our posterity ; and for
asmuch as the natives have committed sundry insolences and outrages
upon several plantations of the English, and have of late combined
themselves against us, and seeing, by reasoij of the sad distractions in
England, (which they have heard of, or by which they know,) we
are hindered, both from the humble way of seeking advice, and reap
ing those comfortable fruits of protection, which at other times we
might well expect ; we therefore do conceive it our bounden duty,
without delay, to enter into a present consociation amongst ourselves,
for mutual help and strength in all future concernments ; that as in na
tion and relation, so in other respects we be, and continue one, accord
ing to the tenor and true meaning of the ensuing articles.
1. Wherefore, it is fully agreed and concluded, between the parties
and jurisdictions above named, and they jointly and severally do by
these presents agree, and conclude that they all be, and henceforth
be called by the name of the United Colonies of New England.
2. The said United Colonies, for themselves and their posterities3
do jointly and severally, hereby enter into a firm and perpetual league
of friendship and amity, for offense and defense, mutual advice and
succor, upon all just occasions, both for preserving and, propagating

424 APPENDIX.
the truths and liberties of the gospel, and for their own mutual safety
and welfare.
3. It is further agreed that the plantations which at present are, or
hereafter shall be, settled within the limits of the Massachusetts, shall
be forever, under the government of the Massachusetts, and shall have
peculiar jurisdiction amongst themselves, in all cases, as an entire
body. And that Plymouth, Connecticut, and New Haven, shall each
of them, in all respects, have peculiar jurisdiction and government,
within their limits ; and in reference to the plantations which are al
ready settled, or shall hereafter be erected, and shall settle within any
of their limits respectively; provided that no other jurisdiction shall
be taken in, as a distinct head or member of this confederation, nor
shall any other, either plantation or jurisdiction in present being, arid
not already in combination, or under the jurisdiction of any of their
confederates, be received by any of them, nor shall any two of these
confederates, join in one jurisdiction without consent of the rest, which
consent to be interpreted, as in the sixth ensuing article is expressed.
4. It is also by these confederates agreed, that the charge of all just
wars, whether offensive or defensive, (upon what part or member of
this confederation soever they shall fall,) shall both in men and provis
ions, and all other disbursements, be borne by all the parts of this con
federation, in different proportions, according to their different abili
ties, in the manner following, viz : That the commissioners for each
jurisdiction, from time to time, as there shall be occasion, bring account
and number of all the males in each plantation, or any way belonging
to or under their several jurisdictions, of what quality or condition
soever they be, from sixteen years old to sixty, being inhabitants there i
and that according to the different numbers, which from time to time
shall be found in each jurisdiction, upon a true and just account, the
service of men, and all charges ofthe war be borne by the poll. Each
jurisdiction or plantation being left to their own just course or custom
of rating themselves and people, according to their different estates,
with due respect to their qualities and exemptions among themselves 5
though the confederates take no notice of any such privilege, and that
according to the different charge of each jurisdiction and plantation,
the whole advantage of the war, (if it pleased God so to bless their
endeavors,) whether it be in land, goods, or persons, shall be proper
tionably divided amongst the said confederates.

APPENDIX. 425
5. It is further agreed, that if any of these jurisdictions or any plan
tation under, or in combination with them, be invaded by any enemy
whatsoever, upon notice and request of any three magistrates of that
jurisdiction so invaded, the rest of the confederates, without any fur
ther notice or expostulation, shall forthwith send aid to confederates
in danger, but in different proportions, viz : the Massachusetts, an
hundred men, sufficiently armed and provided for such a service and
journey ; and each of the rest forty-five men, so armed and provided,
or any less number, if less be required, according to this proportion.
But if such a confederate in danger, may be supplied by their next
confederate, not exceeding the number hereby agreed, they may crave
help thence, and seek no further for the present ; the charge to be
borne, as in this article is expressed ; but at their return to be victu
alled and supplied with powder and shot, (if there be need,) for their
journey, by that jurisdiction, which employed or sent for them. But
none of the jurisdictions to exceed those numbers, till by a meeting of
the commissioners for this confederation, a greater aid appear neces
sary ; and this proportion to continue, till upon knowledge of num
bers in each jurisdiction, which shall be brought to the next meeting,
some other proportion be ordered : but in any such case of sending
men for present aid, (whether before or after such order or 'altera
tions,) it is agreed, that at the meeting of the commissioners, for this
confederation, the cause of such war or invasion be duly considered,
And if it appear that the fault lay in the party invaded, that then the
jurisdiction or plantation make just satisfaction, both to the invaders
whom they have injured, and bear all the charge of the war them
selves, without requiring any allowance from the rest ofthe confeder
ates, toward the same. And further, that if any jurisdiction see dan
ger of an invasion approaching, and there be time for a meeting, that
in such case three magistrates of that jurisdiction may summon a meet
ing at such convenient place, as themselves think meet, to consider
and provide against the threatened danger. Provided, when they are
met, they may remove to what place they please ; only when any of
these four confederates have but three magistrates in their jurisdic
tion, a request or summons from any two of them shall be accounted
of equal force, with the three mentioned in both the clauses of this
article, till there be an increase of magistrates there.
6. It is also agreed and concluded, that for the managing of all af
fairs, proper to, and concerning the whole confederation, two commis-

426 APPENDIX.
sioners shall be chosen by and out of each of those jurisdictions, viz. :
two for the Massachusetts, and so for the other three, (all in church
fellowship with us,) which shall bring full power from their several
general courts respectively, to hear and examine, weigh and deter
mine, all affairs of war or peace, leagues, aid, charges, numbers of men
of war, disvision of spoil, or whatsoever is gotten by conquest, re
ceiving of more confederates or plantations into combination with any
of these confederates, and all things of like nature, which are the
proper concomitants and consequents of such a confederation, for ami
ty, offense and defense, (not intermeddling with the government of
any of the jurisdictions, which by the 3d article is preserved entirely
by them ;) but if these eight commissioners, when they meet, shall
not agree, yet it is concluded that any six of the eight agreeing, shall
have power to determine and settle the business in question. But if
six do not agree, that then such propositions, with their reasons, (so
far as they have been debated,) be sent and referred to the four gen
eral courts, viz. : the Massachusetts, Plymouth, Connecticut, and New
Haven, and if at all the said general courts, the business so referred
be concluded, then to be prosecuted by the confederates and all their
members. It is further agreed, that these eight commissioners shall
meet every year, (besides extraordinary meetings, according to the
5th article,) to consider, treat, and conclude of all affairs, belonging to
this confederation ; which meeting shall ever be the first Thursday in
September, and that the next meeting after the date of these presents,
(which shall be accounted the second meeting,) shall be at Boston in
the Massachusetts ; the third, at Hartford ; the fourth, at New Ha
ven ; the fifth, at Plymouth ; the sixth and seventh, at Boston ; and
then at Hartford, New Haven, and Plymouth, and so on in course suc
cessively ; if, in the mean time, some middle place be not found out,
and agreed upon, which may be commodious for all the jurisdictions.
7. It is further agreed, that at each meeting of these eight commis
sioners, (whether ordinary or extraordinary,) they all, or any six of
them, agreeing as before, may choose their president, out of them
selves, whose office and work shall be, to take care and direct for
order, and a comely carrying on of all proceedings in their present
meeting. But he shall be invested with no such power or respect, as
by which he shall hinder the propounding or progress of any busi
ness, or any way cast the scales otherwise, than in the preceding ar
ticle is agreed.

APPENDIX. 427
8. It is also agreed, that the commissioners for this confederation
hereafter, at their meetings, (whether ordinary or extraordinary,) as
they may have commission or opportunity, do endeavor to frame
and establish agreements and orders in general cases of a civil nature,
wherein all the plantations are interested for preserving peace among
themselves, and preventing, (as much as may be,) all occasions of
war or differences with others ; as about free and speedy passage of
justice in every jurisdiction to all the confederates equally as to their
own ; receiving those that remove from one plantation to another
without due certificates ; how all the jurisdictions may carry it towards
the Indians, that they neither grow insolent nor be injured without
due satisfaction, lest war break in upon the confederates through such
miscarriages. It is also agreed, that if any servant run away from his
master, into any of the confederate jurisdictions, that in such case,
(upon certificate from one magistrate in the jurisdiction out of which
the said servant fled, or upon other due proof,) the said servant shall
be either delivered to his master, or any other that pursues, and
brings such certificate and proof. And that upon the escape of any
prisoner, or fugitive, for any criminal cause, whether breaking prison
or getting from the officer, or otherwise escaping ; upon the certifi
cate of two magistrates of the jurisdiction out of which the escape is
made, that he was a prisoner Or such an offender at the time of the
escape, the magistrate, or some of them of that jurisdiction, where
for the present the said prisoner or fugitive abideth, shall forthwith
grant such a warrant as the case will bear, for the apprehending of
any such person, and the delivery of him into the hand of the officer,
or other person who pursueth him. And if there be help required,
for the safe returning of any such offender, then it shall be granted
unto him that craves the same, he paying the charges thereof.
9. And for that the justest wars may be of dangerous consequence,
(especially to the smaller plantations in these united colonies,) it is
agreed, that neither the Massachusetts, Plymouth, Connecticut nor
New Haven, nor any of the members of any of them, shall at any
time hereafter begin, undertake or engage themselves, or this con
federation, or any part thereof, in any war whatsoever, (sudden exi
gencies, with the necessary consequences thereof excepted, which
are also to be moderated as much as the case will permit,) < without

428 APPENDIX.
the consent and agreement of the forenamed eight commissioners, or
at least six of them, as in the sixth article is provided. And that no
charge be required of any of the confederates, in case of a defensive
war, till the said commissioners have met, and approved the justice
ofthe war, and have agreed upon the sums of money to be levied.;
whioh sum is then to be paid by the several confederates, in propor
tion according to the fourth article.
10. That in extraordinary occasions, when meetings are summoned
by three magistrates of any jurisdiction or two, as in the fifth article,
if any of the commissioners come not, (due warning being given or
sent.) it is agreed that four of the commissioners shall have power to
direct a war which cannot be delayed, and to send for due proportions
of men, out of each jurisdiction, as well as six, might have done, if all
had met ; but not less than six shall determine the justice of war, or
allow the demands or bills of charges, or cause any levies to be made
for the same.
11. It is further agreed, that if any ofthe confederates shall here
after break any of these present articles, or be other way injurious
to- any ofthe other jurisdictions such breach of agreement or injury
shall be duly considered and ordered by the commissioners of the
other jurisdictions, that both peace and this present confederation
may be entirely preserved without violation.
12. Lastly, this perpetual confederation and the several articles
and agreements thereof being read, and seriously considered, both by
the general court for the Massachusetts, and the commissioners for
the other three ; were subscribed presently by the commissioners, (all
save those of Plymouth, who, for want of sufficient commission from
their general court, deferred their subscription till the next meeting,
and then they subscribed also,) and were to be allowed by the gene
ral courts of the several jurisdictions, which accordingly was done,
and certified at the next meeting, held at Boston, September 7, 1643,
Boston, May 22th, lfi43.

APPENDIX.

429

NO. 2.

The commissioners ofthe colonies, who formed a plan of union at Albany,
in June, 1 754. Connecticut.

New York.
Joseph Murray,
William Johnson,
John Chambers,
William Smith.
New Hampshire.
Theodore Atkinson,
Richard Willard,
Meshech Weare,
Henry Sherburne.
Massachusetts.
Samuel Welles,
John Chandler,
Oliver Partridge,
Thomas Hutchinson,
John Worthington.

William Pitkin,
Roger Wolcott, '
Elisha Williams.
Rhode Island.
Stephen Hopkins,
Martin Howard.
Maryland.
Benjamin Frasi-ier,
Benjamin Barnes.
Pennsylvania.
John Penn,
Isaac Norris,
Benjamin Franklin,
Richard Peters.

NO. 3.

Plan of a proposed union of the several colonies of Massachusetts Bay,
New Hampshire, Connecticut, Rhode Island, New York, New Jersey,
Pennsylvania, Maryland, Virginia, North Carolina, and South Caro
lina, for their mutual defense and security, and for extending the Brit
ish settlements in North America :
It is proposed — That humble application be made for an act of par
liament of Great Britain, by virtue of which one general government
may be formed in America, including all the said colonies, within
and under which government each colony may retain its present con
stitution, except in the particulars wherein a change may be directed
by the said act as hereafter follows : —
That the said general government be administered by a president
general, to be appointed and supported by the crown ; and a grand
council to be chosen by the representatives of the people of the sev
eral colonies met in their respective assemblies.
Vol. I. 55

430 APPENDIX.
That within  months after the passing such act, the house of
representatives that happen to be sitting within that time, or that
shall be especially for that purpose convened, may and shall choose
members for the grand council, in the following proportion, that is to
say- Massachusetts Bay, - 7
New Hampshire, - ' - - 2
Connecticut, - - 5
Rhode Island, - - - 2
New York, - - 4
New Jersey, ... 3
Pennsylvania, - - 6
Maryland, - - - 4
Virginia, - - 7
North Carolina, - - 4
South Carolina, - - 4
48
who shall meet for the first time at the city of Philadelphia, in Penn
sylvania, being called by the president general as soon as convenient
ly may be, after his appointment.
That there shall be a new election of the members of the grand
council every three years ; and on the death or resignation of any
member, his place shall be supplied by a new choice at the next sit
ting of the assembly of the colony he represented.
That after the first three years, when the proportion of money
arising out of each colony to the general treasury can be known, the
number of members to be chosen for each colony, shall from time to
time, in all ensuing elections, be regulated by that proportion, (yet so
as that the number to be chosen b}f any one province be not more
than seven, nor less than two.)
1 That the grand council shall meet once in every year, and oftener
if occasion require, at such time and place as they shall adjourn to
at the last preceding meeting, or as they shall be called to meet at
hjthe president general, on any emergency; he having first obtain
ed in meeting the consent of seven of the members to such call, and
sent due and timely notice to the whole.

APPENDIX.

431

That the grand council have power to choose their speaker ; and
shall neither be dissolved, prorogued, nor continue sitting longer
than six weeks at one time ; without their own consent or the special
command of the crown.
That the mambers of the general council shall be allowed for their
service ten shillings sterling per diem, during their session and jo-ir-
ney to and from the place of meeting ; twenty miles to be reckoned
a day's journey.
That the assent of the' president general be requisite to all acts of
the grand council ; and that it be his office and duty to cause them to
be carried into execution.
That the president general, with the advice of the grand council,
hold or direct all Indian treaties, in which the general interest ofthe
colonies maybe concerned; and make peace or declare war with
Indian nations.
That they make such laws as they judge necessary for regulating
all Indian trade.
That they make all purchases from Indians for the crown, of lands
not now within the bounds of particular colonies, or that shall not be
within their bounds when some of them are reduced to more conven
ient dimensions.
That they make new settlements on such purchases, by granting
lands in the king's name, reserving a quit rent to the crown for the
use of the general treasury.
That they make laws for regulating and governing such new settle
ments, till the crown shall think fit to form them into particular gov
ernments. That they raise and pay soldiers and build forts for the defense of
any of the colonies, and equip vessels of force to guard the coasts
and protect the trade upon the ocean, lakes, or great rivers ; but they
shall not impress men in any colony without the consent of the legis
lature. That for these purposes they have power to make laws, and lay
and levy such general duties, imposts, or taxes, as to them shall ap
pear most equal and just, (considering the ability and other circum
stances of the inhabitants in the several colonies,) and such as may
be collected with the least inconvenience to the people ; rather dis
couraging luxury, than loading industry with unnecessary burdens.

432 APPENDIX.
That they may appoint a general treasurer and particular treasurer
in each government when necessary ; and from time to time may or
der the sums in the treasuries of each government into the general
treasury ; or draw on them for special payments, as they find most
convenient ; yet no money to issue but by joint orders of the presi
dent general and grand council ; except where sums have been ap
propriated to particular purposes and the president general is previ
ously empowered by an act to draw for such sums.
That the general accounts shall be yearly' settled and reported to
the several assemblies.
That a quorum of the grand council impowered to act with the
president general, do consist of twenty five members ; among whom
there shall be one or more from a majority of the colonies.
That the laws made by them for the purposes aforesaid shall not
be repugnant, but as hear as may be, agreeable to the laws of Eng
land, and shall be transmitted to the king in council for approbation
as soon as may be after their passing ; and if not disapproved within
three years after presentation, to remain in force.
That in case of the death of the president general, the speaker of
the grand council for the time being shall succeed, and be vested with
the same powers and authorities, to continue till the king's pleasure
be known.
That all military commission officers, whether for land or sea ser
vice to act under this general constitution, shall be nominated by
the president general ; but the approbation of the grand council is
to be obtained, before they receive their commission. And all civil
officers are to be nominated by the grand council, and to receive the
president general's approbation before they officiate.
But in case of vacancy by death, or removal of any officer, civil or
military, under this constitution, the governor of the province in
which such vacancy happens, may appoint till the pleasure of the
president general and grand council can be known.
That the particular military as well as civil establishments in each
colony remain in their present state, the general constitution notwith
standing ; and that on sudden emergencies any colony may defend
itself and lay the accounts of expense thence arising before the pre
sident general and general council, who may allow and order pay
ment of the same as far as they judge such accounts just and reasona
ble.

APPENDIX. 433
NO. 4.
Stamp Act.
Whereas, by an act made in the last session of parliament, several
duties were granted, continued, and appropriated, towards defraying
the expenses of defending, protecting, and securing the British colo
nies and plantations in America : and whereas, it is first necessary,
that provision be made for raising a further revenue within your ma
jesty's dominions ih America, towards defraying the said expenses ;
we, your majesty's most dutiful and loyal subjects, the commons of
Great Britain, in parliament assembled, hav* therefore resolved, to
give and grant unto your majesty the several rites and duties herein
after mentioned ; and do most humbly beseech your majesty that it
may be enacted, And be it enacted, by the king's most excellent ma
jesty, by and with the advice and consent of the lords spiritual and
temporal, and commons in this present parliament assembled, and by
the authority of the same, That from and after the first day of No
vember, one thousand seven hundred and sixty five, there shall be
raised, levied, collected and paid, unto his majesty, his heirs and suc
cessors, throughout the colonies and plantations in America, which
now are, or hereafter may be, under the dominion of his majesty, his
heirs and successors,
1. For every skin of vellum or parchment, or sheet or piece of
paper, on which shall be engrossed, written or printed, any declara-
tian, plea, replication, rejoinder, demurrer, or other pleading, or any
copy thereof, in any court of law within the British colonies and plan
tations in America, a stamp duty of three pence.
2. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
special bail, and appearance upon such bail in any such court, a stamp
duty of two shillings.
3. For every skin or piece of vellum or parchment, or sheet or "
piece of paper, on which may be engrossed, written or printed, any
petition, bill, or answer, claim, plea, replication, rejoinder, demurrer,
or other pleading, in any court of chancery or equity, within the said
colonies and plantations, a stamp duty of one of shilling and six pence.
4. For every skin or piece of vellum, or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any

434 APPENDIX.
copy of any petition, bill, answer, claim, plea, replication, rejoinder,
demurrer, or other pleading, in any such court, a stamp duty of three
pence. 5. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any
monition, libel, answer, allegation, inventory, or renunciation, in ec
clesiastical matters, in any court of probate, court of the ordinary,
or other court exercising ecclesiatical jurisdiction within the said col
onies and plantations, a stamp duty of one shilling.
6. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
copy of any will, (other than the probate thereof,) monition, libel,
answer, allegation, inventory, or renunciation, in ecclesiastical mat
ters, in any such court, a stamp duty of six pence.
7. For every skin or piece of veilum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
donation, presentation, collation or institution, of or to any benefice,
or any, writ or instrument for the like purpose, or any register, entry,
testimonial or certificate of any degree taken in any university, acade
my, college, or seminary of learning, within the said colonies and
plantations, a stamp duty of two pounds.
8. For every skin or piece of vellum or parchment, or -^icet or
piece of paper, on which shall be engrossed, written or printed, any
monition, libel, claim, answer, allegation, information, lott. r of re
quest, execution, renunciation, inventory, or other pleading, in any
admiralty court within the said colonies and plantations, a stamp
duty of one shilling.
9. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which any copy of any such monition, libel, claim,
answer, allegation, information, letter of request, execution, renunci
ation, inventory or other pleading, shall be engrossed, written or
printed, a stamp dutj' of six pence.
10. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
appeal, writ of error, writ of dower, ad quod damnum, certiorari,
statute merchant, statute staple, attestation, or certificate, by any of
ficer, or exemplification of any record or proceeding, in any court
whatsoever within the said colonies and plantations, (except appeals,

appeSndix. 43-5
writs of error, certiorari, attestations, certificates, and exemplifica
tions, for, or relating to the removal of any proceedings from before
a single justice of the peace,) a stamp duty of ten shillings.
11. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
writ of covenant for levying fines, writ of entry for suffering a com
mon recovery, or attachment issuing out of, or returnable into any
court within the said colonies and plantations, a stamp duty of five
shillings. 12. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
judgment, decree, or sentence, or dismission, or any record of nisi
prius or postea, in any court within the said colonies or plantations,
a stamp duty of four shillings.
13. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
affidavit, common bail, or appearance, interrogatory, deposition, rule,
order or warrant of any court, or any dedimus potestatem, capias, sub-
paena, summons, compulsory citation, commission, recognisance, or
any other writ, process, or mandate, issuing out of, or returnable in
to, any court, or any office belonging thereto, or any other proceed
ing therein whatsoever, or any copy thereof, or of apy record not
herein before charged, within the said colonies and plantations, (ex
cept warrants relating to criminal matters, and proceedings thereon,
or relation thereto,) a stamp duty of one shilling.
14. For every skin or piece of vellum:or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
note or bill of lading, which shall be signed for any kind of goods,
wares, or merchandize, to be exported from, or any docket or clear
ance granted within the said colonies and plantations, a stamp duty of
four pence.
15. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, let
ters of mart or commission for private ships of war, within the said
colonies and plantations, a stamp duty of twenty shillings.
16. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
grant, appointment, or admission of or to any public beneficial office

436 APPENDIX.
or employment, for the space of one year, or any lesser time, of or
above twenty pounds per annum, sterling money, in salary, fees, and
perquisites, within the said colonies and plantations, (except com
missions and appointments of officers of the army, navy, ordnance,
or militia, of judges, and of justices of the peace,) a stamp duty of
ten shillings.
17- For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which any grant of any liberty, privilege, or fran
chise, under the seal or sign manual, of any governor, proprietor, or
public officer, alone, or in conjunction with any other person or per
sons, or with any council, or any council and assembly, or any exem
plification of the same, shall be engrossed, written, or printed, with
in the said colonies and plantations, a stamp duty of six pounds.
18. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
license for retailing of spirituous liquors, to be granted to any per
son who shall take out the same, within the said colonies and planta
tions, a stamp duty of twenty shillings.
19. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
license for retailing of wine, to be granted to any person who shall
not take out a license for retailing of spirituous liquors, within the
said colonies and plantations, a stamp duty of four pounds.
20. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
license for retailing of wine, to be granted to any person who shall
take out a license for retailing of spirituous liquors, within the said
colonies and plantations, a stamp duty of three pounds.
21. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
probate of wills, letters of administration, or of guardianship for any
estate above the value of twenty pounds sterling money, within the
British colonies plantations upon the continent of America, the isl
ands belonging thereto, and the Bermuda and Bahama islands, a stamp
duty of five shillings. -
22. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
such probate, letters of administration or of guardianship, within all

APPENDIX. 437
other parts of the British dominions in America, a stamp duty of ten
shillings. 23. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any
bond for securing the payment of any sum of money, not exceeding
the sum of ten poimds sterling money", within the British colonies and
plantations upon the continent of America, the islands belonging there
to, and the Bermuda and Bahama islands, a stamp duty of six pence.
24. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
bond for securing the payment of any sum of money above ten pounds,
and not exceeding twenty pounds sterling money, within such colo
nies, plantations and islands, a stamp duty of one shilling.
25. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
bond for securing the payment of any sum of money above twenty
pounds, and not exceeding forty pounds sterling money, within such
colonies, plantations and islands, a stamp duty of one shilling and six
pence. 26. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
order or warrant for surveying or setting out any quantity of land, not
exceeding one hundred acres, issued by any governor, proprietor, or
any public officer, alone, or in conjunction with any other person or
persons, or with any council, or any council and assembly, within the
British colonies and plantations in America, a stamp duty of six pence.
27. For eyery skin or piece of vellum or parchment, or sheet or
piece of- paper, on which shall be engrossed, written or printed, any
such order or warrant for surveying or setting out any quantity of land
above one hundred and not exceeding two hundred acres, within the
said colonies and plantations, a stamp duty of one shilling.
28. For every skin or piece of vellum or parchment, ot sheet or
piece of paper, on which shall be engrossed, written or printed, any
such order or warrant for surveying or setting out any quantity of land
above two hundred and not exceeding three hundred and twenty
acres, and in proportion for every such order or warrant for survey
ing or setting out every other three hundred and twenty acres, within
Vol, I. 56

438 APPENDIX.
the said colonies and plantations, a stamp duty of one shilling and sis
pence. 29. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
original grant or deed, mesne conveyance, or other instrument what
ever, by which any quantity of land, not exceeding one hundred
acres, shall be granted, conveyed, or assigned, within the British
colonies and plantations upon the continent of America, the islands
belonging thereto, and the Bermuda and Bahama islands (except leas
es for any term not exceeding tbe term of twenty-one years) a stamp
duty of one shilling and six pence.
30. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
such original grant, or any such deed, mesne conveyance, or other
instrument whatsoever, by which any quantity of land, above one hun
dred and not exceeding two hundred acres, shall be granted, convey
ed, or assigned, within such colonies, plantations and islands, a stamp
duty of two shillings.
31. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
such original grant, or any such deed, mesne conveyance, or other
instrument whatsoever, by which any quantity of land, above tw©
hundred, and not exceeding three hundred and twenty acres, shall be
granted, conveyed, or assigned, and in proportion for every such grant,
deed, mesne conveyance, or other instrument, granting, conveying or
assigning every other three hundred and twenty acres, within such
colonies, plantations and islands, a stamp duty of two shillings and
six pence.
32. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written ot printed, any
such original grant, or any such deed, mesne conveyance, or other
instrument whatsoever, by which any quantity of land, not exceeding
one hundred acres, shall be granted, conveyed, or assigned, within
all other parts of the British dominions in America, a stamp duty of
three, shillings.
33. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written or printed, any
such original grant, or any such deed, mesne conveyance, or other

APPENDIX. 439
instrument whatsoever, by which any quantity of land, above one
hundred and not exceeding two hundred acres, shall be granted, con
veyed, or assigned, within the same parts of the said dominions, a
stamp duty of four shillings.
34. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any
such original grant, or any such deed, mesne conveyance, or other
instrument whatsoever, by which any quantity of land, above two
hundred and not exceeding three hundred and twenty acres, shall be
granted, conveyed, or assigned, and in proportion for every such grant,
deed, mesne conveyance, or other instrument, granting, conveying,
or assigning every other three hundred and twenty acres, within the
same parts of the said dominions, a stamp duty of five shillings.
35. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any
grant, appointment, or admission, of or to any beneficial office or em
ployment, not herein before charged, above the value of twenty
pounds per annum sterling money, in salary, fees, or perquisites, or
any exemplification of the same, within the British colonies and plant
ations upon the continent of America, the islands belonging thereto,
and the Bermuda and Bahama islands, (except commissions of officers
ofthe army, navy, ordnance, or militia, and of justices ofthe peace.)
a stamp duty of four pounds.
36. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any
such grant, appointment, or admission, of or to any such public bene
ficial office or employment, or any exemplification of the same, with
in all other parts of the British dominions in America, a stamp duty of
six pounds.
37. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any
indenture, lease, conveyance, contract, stipulation, bill of sale, char
ter party, protest, articles of apprenticeship or covenant, (except for
the hire of servants not apprentices, and also except such other mat
ters as herein before charged,) within the British colonies and plant
ations in America, a stamp duty of two shillings and six pence.
38. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which any warrant or order for auditing any pub-

440 APPENDIX.
lie accounts, beneficial warrant, order, grant, or certificate, under any
public seal, or under the seal or sign manual of any governor, propri
etor, or public officer, alone, or in conjunction with any other person
or persons, or with any council, or any council and assembly, not
herein before charged, or any passport or letpass, surrender of office,
or policy of assurance, shall be engrossed, written, or printed, within
the said colonies and plantations, (except warrants or orders for the
service of the army, navy, ordnance, or militia, and grants of offices
under twenty pounds per annum, in salary, fees, and perquisite,) a
stamp duty of five shillings.
39. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any
notarial act, bond, deed, letter of attorney, procuration, mortgage,
release, or other obligatory instrument, not herein before charged,
within the said colonies and plantations, a stamp duty of two shillings
and three pence.
40. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any
register, entry, or enrolment of any grant, deed, or other instrument
whatsoever, herein before charged, within the said colonies and plant
ations, a stamp duty of three pence.
41. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which shall be engrossed, written, or printed, any
register, entry, or enrolment of any grant, deed, or other instrument
whatsoever, not herefn before charged, within the said colonies and
plantations, a stamp duty of two shillings.
42. And for and upon every pack of playing cards, and all dice,
which shall be sold or used within the said colonies and plantations,
the several stamp duties following : (that is to say,)
43. For every pack of such cards, one shilling.
44. And for every pair of such dice, ten shillings.
45. And for and upon every paper called a pamphlet, and upon
every newspaper, containing public news, or occurrences, which
shall be printed, dispersed, and made public, within any of the said
colonies and plantations, and for and upon such advertisements as are
hereinafter mentioned, the respective duties following ; (that is to
sayO

APPENDIX. 44 1
46. For every such pamphlet and paper, contained in a half sheet,
or any lesser piece of paper, which shall be so printed, a stamp duty
of one halfpenny for every printed copy thereof.
47. For every such pamphlet and paper, (being larger than half a
sheet, and not exceeding one whole sheet,) which shall be so printed,
a stamp duty of one penny for every printed copy thereof.
48. For every pamphlet and paper, being larger than one whole
sheet, and not exceeding six sheets in octavo, or in a lesser page, or
not exceeding twelve sheets in quarto, or twenty sheets in folio, which
shall be so printed, a duty after the rate of one shilling for every
sheet of any kind of paper which shall be contained in one printed
copy thereof.
49r*For every advertisement to be contained in any gazette,
newspaper, or other paper, or any pamphlet which shall be so print
ed, a duty of two shillings.
50. For every almanac or calendar, for any one particular year, or
for any time less than a year, which shall be written or printed on
one side only of any one sheet, skin, oi piece of paper, parchment,
or vellum, wi|iin the said colonies and plantations, a stamp duty of
two pence. *
51. For every other almanac, or calendar, for any one particular
year, which shall be written or printed within the said colonies and
plantations, a stamp duty of four pence.
52. And for every almanac or calendar, written or printed in the
said colonies and plantations, to serve for several years, duties to the
same amount respectively shall be paid for every such year.
53. For every skin or piece of vellum or parchment, or sheet or
piece of paper, on which any instrument, proceeding, or other matter
or thing aforesaid, shall be engrossed, written, or printed, within the
said colonies and plantations, in any other than the English language,
a stamp duty of double the amount of the respective duties before
charged thereon.
54. And there shall be also paid, in the said colonies and plantations,
a duty of six pence for every twenty shillings, in any sum not exceed
ing fifty pounds sterling money, which shall be given, paid, contract
ed, or agreed for, with or in relation to any clerk or apprentice, which
shall be put or placed to or with any master or mistress, to learn any
profession, trade, or employment. 2. And also a duty of one shilling

442 APPENDIX.
for every twenty shillings, in any sum exceeding fifty pounds, which
shall be given, paid, contracted, or agreed for, with, or in relation to,
any such clerk or apprentice.
55. Finally, the produce of all the aforementioned duties shall be
paid into his majesty's treasury ; and there held in reserve, to be
used, from time to time, by the parliament, for the purpose of defray
ing the expenses necessary for the defense, protection, and security
of the said colonies and plantations.

NO. 5.
Circular Letter of Massachusetts. Boston, June, 1776,
Sir, — The house of representatives of this province, in the present
session of the general court, have unanimously agreed to propose a
meeting, as soon as may be, of committees, from the house of repre
sentatives or burgesses of the several British colonies on this continent,
to consult together on the present circumstances of the colonies, and
the difficulties to which they are, and must be reduced, by the opera
tion of the acts of parliament for levying duties and ta^fc on the colo
nies ; and to consider of a general, and united, dutiful, loyal, and hum
ble representation of their condition, to his majesty and the parlia
ment, and to implore relief. The house of representatives of this
province have also voted to propose,, that such meeting be at the city
of New York, on the first Tuesday in October next ; and have appoint
ed a committee of three of their members to attend that service, with
such as the other houses of representatives, or burgesses, in the sev
eral colonies, may think fit to appoint to meet them. And the com
mittee of the house of representatives of this province, are directed
to repair to said New York, on said first Tuesday in October next, ac
cordingly. If, therefore, your honorable house should agree to this proposal,
it would be acceptable, that as early notice of it as possible, might be
transmitted to the speaker of the house of representatives of this pro
vince. SA.MUEL WHITE, Speaker.

APPENDIX. 443
NO. 6.
State of Rhode Island and Providence Plantations.
In General Assembly, September Session, 1765.
This assembly taking into the most serious consideration an act pas
sed by the parliament of Great Britain at their last session, for levy
ing stamp duties and othe,r internal duties in North America, do re
solve, ,
1. That the first adventurers, settlers of this his majesty's colony
and dominion of Rhode Island and Providence plantations, brought
with them and transmitted to their posterity, and all other his majes
ty's subjects since inhabiting in this his majesty's colony, all the priv
ileges and immunities that have at any time been held, enjoyed and
possessed by the people of Great Britain.
2. That by a charter granted by king Charles the second, in the
fifteenth year of his reign, the colony aforesaid is declared and enti
tled to all the privileges and immunities of natural born subjects, to
all intents and purposes, as if they had been abiding and born within
the realm of England.
3. That his majesty's liege people of this colony, have enjoyed the
right of being governed by their own assembly, in the article of taxes
and internal police ; and that the same hath never been forfeited, or
any other way yielded, up, but hath been constantly recognized by
the king and people of Britain.
4. That therefore the general assembly of this colony, have, in
their representative capacity, the only exclusive right to lay taxes
and imposts upon the inhabitants of this colony ; and that every at
tempt to vest such power in any person or persons whatever, other
than the general assembly aforesaid, is unconstitutional, and hath a
manifest tendency to destroy the liberties of the people of the colony.
5. That his majesty's liege people, the inhabitants of this colony,
,are not bound to yield obedience to any law or ordinance, designed
to impose any internal taxation whatsoever upon them, other than the
laws or ordinances of the general assembly aforesaid.
6. That all the officers of this colony, appointed by the authority
thereof, be, and they are hereby directed to proceed in the execution
of their respective offices, in the same manner as usual : and that this

444 APPENDIX.
assembly will indemnify and save harmless all the said officers, on ac
count of their conduct agreeable to this resolution.
True copy — Witness, HENRY BOWEN, Secretary.
Same Session.
It is voted and resolved that the following be the instructions to the
commissioners who shall be appointed by this assembly to meet com
missioners ofthe other governments at New York.
Gentlemen — This assembly taking iDto consideration the late act of
the parliament of Great Britain, for levying stamp duties upon the col
onies of North America, and extending the jurisdiction of the courts
of admiralty, are humbly of opinion, that the said act is oppressive
and injurious, and deprives us of some of our most essential rights and
liberties, which we have enjoyed ever since the first settlement ofthe
colony ; which have been confirmed by a royal charter, and have
never been forfeited nor contested, but have ever been recognized by
the king and parliament of Great Britain.
The house of representatives of the province of the Massachusetts
Bay, have proposed a meeting of committees appointed by the sever
al British colonies on this continent, at New York, on the first Tues
day in October next, to consult together upon the present circumstan
ces of the colonies, and the difficulties to which they are, and must be
reduced by the operation of the said act of parliament ; and to consider
ofa general and united, dutiful, loyal, and humble representation to
his majesty and the parliament ; and to implore relief.
This assembly willing to exert themselves to the utmost for the pre
servation of their inestimable rights and liberties ; and having the
pleasure to be informed, that the inhabitants of the other colonies are
actuated by the same principle, that some of them have and others are
about appointing commissioners for the aforesaid purpose : have and
do hereby appoint you to be commissioners in behalf of this colony,
to meet those that are or shall be appointed by the other colonies, at
the proposed congress : and do give you the following instructions and
directions to be observed by you in discharging your trust, viz. :
You are directed to repair to New York, in such season as to pro
ceed upon business with the other commissioners on the first Tuesday
in October next.

APPENDIX. 445
You are also directed, and fully empowered and authorized, to unite
with the other commissioners, or the major part of them, in prepar
ing such an humble, dutiful^ and loyal representation and address as
is above mentioned; and to sign the same in behalf of this colony : and
also to join with the other commissioners in taking the proper meas
ures for laying the said representation and address before his majesty
and the parliament, at the first opening ofthe session.
This assembly have hearts filled with the sincerest affection and loy
alty to his majesty ; and have the highest sense of their subordina
tion to that august assembly the British parliament : nevertheless they
would assert their rights and privileges with becoming freedom and
spirit : and therefore you are directed to use your endeavors that the
said representation and address express these sentiments in the strong
est manner.
You are further directed to assure the other commissioners, that
this general assembly will give their agent in London, all necessary
orders and power to enable him to co-operate with the agents ofthe
qther colonies, in every necessary measure for procuring relief in
these important affairs.
The general decay of trade and commerce, which is so severely
felt in all the plantations upon this continent, induces us further to di
rect you, that if a majority of the other commissioners, shall think it
prudent to make any representation to his majesty and the parliament
upon that subject, you join with them in an humble, dutiful address,
to procure the restrictions and burdens laid upon commerce to be al
leviated. And further, if any. other measures shall be proposed and agreed
upon by the majority ofthe commissioners who shall meet upon this
occasion, for obtaining relief, you are hereby empowered to join and
unite with them in such measures, if they shall appear to you reason
able, and probable to answer the desired end.
To you gentlemen, this assembly have committed concerns ofthe
last consequence to themselves, to their constituents, and to posterity :
and we hope that the just sense you entertain of the importance of
the trust we have placed in you, will induce you to exert all your ca
pacities to discharge it in such manner as to do honor to yourselves,
and service to the colony.
True copy — Witness, HENRY BOWEN, Secretary.
Vol. I. 57

446

APPENDIX.

NO. 7.

Commissioners composing the Congress at New York, in 1765-

Massachusetts.
Timothy Ruggles,
James Otis,
Oliver Partridge.
Rhode Island.
Henry Ward,
Metcalf Bowler.
Connecticut.
Eliphalet Dyer,
Wm. Samuel Johnson,
David Rowland.
New York.
Robert R. JLivingston,
John Cruger,
Philip Livingston,
William Bayard,
Leonard Lispenard.

Pennsylvania.
John Dickinson,
John Morton,
George Bryan.
Delaware.
Cesar Rodney,
Thomas McKean.
Maryland.
William Murdoch:,
.Edward Tilghman,
Thomas Ringold.
Mouth Carolina.
Christopher Gadsden,
Thomas Lynch,
John Rutledge.
New Jersey.
Robert Ogden,
Hendrick Fisher.

NO. 8.
Declaration of Rights by the Congress at New York, in October, 1765.
" The members of this congress, sincerely devoted, with the warm
est sentiments of affection and duty, to his majesty's person and gov
ernment, inviolably attached to the present happy establishment of
the protestant succession, and with minds deeply impressed by a'
sense of the present and impending misfortunes ofthe British colonies
on this continent ; having considered, as maturely as time will per
mit, the circumstances of the said colonies, esteem it our indispensa
ble duty to make the following declarations of our humble opinion,
respecting the most essential rights and liberties of the colonists, and
of the grievances under which they labor, by reason of several late
acts of parliament.
1. That his majesty's subjects in these colonies, owe the same
allegiance to the crown of Great Britain, that is owing from his sub-

APPENDIX. 447
jects born within the realm, and all due subordination to that august
body the parliament of Great Britain.
2. That his majesty's liege subjects in these colonies, are entitled
to all the inherent rights and liberties of his natural born subjects,
within the kingdom of Great Britain.
3. That it is inseparably essential to the freedom of a people, and
the undoubted right of Englishmen, that no taxes be imposed on them,
but with their own consent, given personally, or by their represen
tatives. 4. That the people of these colonies are not, and from their local
circumstances, cannot be represented in the house of commons of
Great Britain.
5. That the only representatives of these colonies are persons cho
sen therein by themselves, and that no taxes ever have been, or can
be constitutionally imposed upon them, but by their respective legis
latures. 6. That all supplies to the crown being free gifts from the people,
it is unreasonable and inconsistent with the principles and spirit of
the British constitution, for the people of Great Britain to grant to
his majesty the property of the colonists.
7. That trial by jury is the inherent and invaluahle right of every
British subject in these colonies.
8. That the late act of parliament entitled, 'an act for granting
and applying certain stamp duties, and other duties, in the British
colonies and plantations in America,' &c. by imposing taxes on the
inhabitants of these colonies ; and the said act, and several other acts,
by extending the jurisdiction of the court of admiralty beyond its an
cient limits, have a manifest tendency to subvert the rights and liber
ties of the colonists.
9. That the duties imposed by several late acts of parliament, from
the peculiar circumstances of these colonies, will be extremely bur
densome and grievous ; and from the scarcity of specie, the payment
of them absolutely impracticable.
10. That as the profits of the trade of these colonies ultimately
center in Great Britain, to pay for the manufactures which they are
obliged to take from thence, they eventually contribute very largely
to all supplies granted to the crown.

448 APPENDIX.
11. That the restrictions imposed by several late acts of parlia
ment on the trade of these colonies, will render them unable to pur
chase the manufactures of Great Britain.
12. That the increase, prosperity, and happiness of these colonies
depend on the full and free enjoyment of their rights and liberties,
and an intercourse with Great Britain mutually affectionate and advan
tageous. 13. That it is the right of the British subjects in these colonies to
petition the king, or either house of parliament.
14. That it is the indispensable duty of these colonies, to the best
of sovereigns, to the mother country, and to themselves, to endeavor,
by a loyal and dutiful address to his majesty, and humble application
to both houses of parliament, to procure the repeal of the act for
granting and applying certain stamp duties, of all clauses of any other
acts of parliament, whereby the jurisdiction of the admiralty is ex
tended as aforesaid, and of the other late acts for the restriction of
American commerce.

NO. 9.
Report of a committee on the subject of Colonial. Rights, in the Congress
held at New York in October, 1765.
The committee to whom was referred the consideration ofthe rights,
of the British colonies — Report, as their opinion, that the primary,
absolute, natural rights of Englishmen as frequently declared, in Acts
of parliament from magna charta to this day are the rights of personal
security, personal liberty and private property — it is a fundamental
principle of the British constitution, that the supreme power cannot
take from any man, any part of his property without his consent, in
person or by representation, that is, taxes are not to be laid on the
people but by their consent in person or by deputy. It seems to be
agreed on all hands that the common law of England, and the grand
leading principles ofthe British constitution, have their foundation in
the laws of nature, and universal reasoD ; it is also certain, that the
British American subjects by charters from the crown and other royal
instruments, are declared entitled to all the rights and privileges of
natural born subjects within the realm, to all intents, constructions,
and purposes. This is also the voice of the common law, and agree-

APPENDIX. 449
able to the decision of the judges, ancient and modern. By the
13. George II, even foreigners, having resided seven years in the
colonies, on taking the oaths of allegiance, &c. are declared to be his
majesty's natural born subjects of the kingdom of Great Britain, to all
intent', construction and purpose, as if any of them had been born with
in the kingdom. The preamble of that act runs thus. " Whereas the
increase of the people is the means of advancing the wealth and
strength of any nation and country, and that many foreigners and
strangers, from the purity of our religion, the benefit of our laws, the
advantages of our trade, and the security of our property, might be
induced to come and settle in some of his majesty's colonies in Amer
ica, if they were made partakers of the advantages tbe natural born
subjects there enjoy." The colonies are by this act considered as
natural born subjects, and entitled to all the essential rights of such,
unless it could be supposed, that foreigners naturalized by this act are
entitled to more than the natives. For foreigners so naturalized are
to all intents, constructions, and purposes declared to be natural born
subjects, as if born within the realm, and consequently entitled to
personal security, personal liberty, and the free disposal of their
private property, the grand security of all which is that the last shall
not be taken away without the consent ofthe owner. The house of
commons have long claimed and exercised a right of originating all
money bills ; hence it is plain the commons of Great Britain are in
effect the sole judges in person or by their representatives, what part
of their property shall be appropriated to the service of the public.
It is remarkable that the stamp act for America has this clause, viz.
" We your majesty's most dutiful and loyal subjects, the commons of
Great Britain in parliament assembled, have resolved to give and
grant unto your Majesty the several rates and duties following," &c.
Is this a gift ofthe property ofthe members ofthe house of commons
and of their constituents, or of that of the colonists ? If the latter, it
seems hard that they should not be allowed the honor of making a free
gift and grant of their own for his majesty's service. It is also ob
servable, that in the act 1. James I. wherein the parliament recog
nized their most constant faith, obedience and loyalty to his majesty,
and his royal progeny, as in that high court of parliament, where all
the whole body of the realm and every particular member thereof,
either in person or by representation upon their own free election,

450 APPENDIX.
are by the laws of this realm, deemed to be personally present, there
is not a word of any virtual representation of Ireland or any other of
the dominions, nor is there in the bill of rights ; and yet as no man
can doubt but that all the dominions were bound by those acts, and
that king James and king William were kings de jure in the domin
ions as well as in the realm, so it is equally clear that the declaration
of the ancient indubitable rights and liberties of the subject mention
ed and confirmed in the last act are also the essential rights and privi
leges of the subject in the British dominions. It is also observable
that the clause cited from the act of James the I. shows how equitable
and reasonable it is, that all the subjects within the realm, should be
deemed to be present in parliament because they are in fact all there
as the act expresses it, in person or by representation upon their own
free election, can it be said that the colonists, or any of them, are thus
there, while this whole continent, containing millions of his majesty's
subjects, have neither the return of one member of parliament, nor a
single vote in the election of one? Are the cases of Birmingham,
Manchester, and a few other places who send no members to parlia
ment, reasonable precedents for taxing all America, especially when
it is considered that all counties return members, and all freeholders
have a vote in their election. There is not one act or resolution of.
parliament, nor any law book that we have seen, that declares the
colonists to be in any sense represented in the house of commons.
Yet it is acknowledged, that the parliament, collectively considered
as consisting of king, lords and commons, are the supreme legislature
ofthe whole empire, and as such have an undoubted jurisdiction over
the colonies, so far as is consistent with our essential rights, of which
also they are and must be the final judges, and even the applications
and petitions to the king and parliament to implore relief in our pre
sent difficulties, will be an ample recognition of our subjection to,
and dependence on that legislature.
It is to be apprehended that an undue bias may some time or other
take place in the house of commons, were it only from this single
consideration that they must ever lighten their own taxes in propor
tion as they are pleased to give and grant to his majesty, taxes on our
freeholds and other property, lt seems evident from these and other
obvious considerations, that the British American colonies are well
entitled to all the essential rights and privileges of natural born sub-

APPENDIX.

451

jects within the realm. The whole may be reduced to this single
question — Plow can they be availed of the actual enjoyment of those
rights and privileges, especially in the great article of taxation, at
theis- distance from the mother country. Their various circum
stances have rendered it necessary for the enjoyment of those rights
and privileges, that several colony jurisdictions should be erected,
all of them however, subordinate to and controlable by the supreme
power of Great Britain, so far as is consistent with civil liberty and
happiness. The wisdom of ages has dictated this practice hitherto,
what requires that it should now be so essentially altered, is hard to
conceive. Under these subordinate jurisdictions, and with an idea of
being at least as free in America as they or their forefathers were
at any time in Europe, the British colonists have settled the finest part
of America with little or no assistance from the crown till the late
war. Some of these colonies have been settled more than a century
and an half; they have from the beginning exercised a full and free
legislative power, in levying taxes and impositions on their own
property uncontrolled and unquestioned by the parliament, till very
lately. The conduct of the crown and of the parliament towards
the colonies, particularly in the late war, strongly imply an exclu
sive right of taxation here. The requisitions of the crown for aids
of men and money seem always to have been made on this principle ;
the governors of the several colonies were directed from time to time
to use their interest and influence with the several assemblies to grant
such aids as were required ; this must have been on the supposition
that the power and liberty of granting or refusing was vested in those
assemblies. The several acts of parliament for granting to the kin*
sums of money to enable him to reimburse to his faithful colonies
part of their expenses, (which paternal favors are held in grateful
remembrance,) suppose that those aids so granted by the colonies
were voluntary and free gifts, and that the right of granting them
was vested in the several provincial legislatures. It is certain the
colonies made very strenuous efforts in the common cause, during the
late war, and some of them are now deeply in arrears for debts con
tracted in that war, which was not so much a dispute about bounda
ries as a contest between Great Britain and France, for the empire of
North America, and the commerce of one half the world. This con
stant exercise of the right of taxation as it is the best security of>

452 APPENDIX.
property that a people can have, has been one great inducement to
the inhabitants to settle on this continent, and has been ever con
ceived by them to be an essential part of the compact or social tie
between Great Britain and her colonies. The tenure of our lands
are as free here as in England, and land being the most valuable and
permanent property, and the possession that most firmly attaches the
owner to the interest of the country in which it lies, a share of the
legislative authority has been annexed to this kind of property, and
great regard has ever been had to the freehold. On this principle
the constitution of England appears to have been founded, it being
evident the parliament in its original form consisted only of the great
er barons, that held lands. Many of the baronies being afterwards
divided into lesser ones, in process of time the number of the lesser
barons became so great that they could not all assemble with con
venience ; they therefore chose some of their body to represent them.
The extension of commerce and the increase of wealth at length ren
dered it necessary to admit those who carried it on, to a representa
tion and share in the national councils, though they were not entitled
to it by holding lands. Thus no person can at this day vote for the
election of members of parliament in Great Britain, unless he is qual
ified by virtue of some franchise, freehold, or other estate held in that
kingdom ; and it is worthy of remark, that for the preservation of the
original constitution, it has been found necessary to recur and adhere
to its first principle, by providing that none can be legally chose
members of parliament, even by those who do not vote as land hold
ers, unless the persons chosen are entitled to considerable estates in
lands. The power of imposing taxes upon a people without their
consent, must in the end deprive them of their liberty, be such power
in the hands of one, the few, or the many ; an absolute power had as
good be in, nay in the opinion of some, had better be in the hands of
one than of many. That after all, supposing we may be rightly
deemed to be virtually represented in the house of commons, and
that they represent not only the commons of the realm but those
of all the dominions, as they would the inhabitants ofthe whole globe
should the empire ever be extended all over, as it now is all round the
world. Let it also be believed that their property is none of ours, but
that all ours, is theirs, to give and grant to his majesty, freehold and
all, at pleasure ; yet it is humbly conceived that very strong reasons.

APPENDIX. 453
from inconvenience, from the principles of true policy, and the real
interests of Great Britain as such, may be adduced to show that the
late regulations should be rescinded'and the late acts imposing duties
and taxes in America repealed.
1st. Money is already become very scarce in America, and is
every day decreasing by the exportation of specie from this continent
to Great Britain, to discharge our debts to the merchants there.
2d. An immensely heavy debt is yet due from the colonies, for her
manufactures imported in larger quantities than usual during the war,
by reason of the money then circulating here for a few years, and
the extraordinary credit obtained thereby at home.
3d. The balance of trade, as it ever has been, so it probably will
ever continue against America and in favor of Britain, unless the ne
cessities of the people arising from regulations similar to those now
complained of, shall prevent the colonists from purchasing the man
ufactures of Britain, and force them to make for themselves ; an event
that no British freeholder, manufacturer or merchant who knows his
own interest can wish to see.
4th. Although the due subordination of the colonies to the crown
and parliament, and the dependency of the colonies on Great Britain,
are what every intelligent American may wish ; as under this system,
established with the protestant succession in his majesty's royal per
son and family, we derive our greatest temporal blessings, the securi
ty of our privileges, civil and religious ; in consideration of which our
lives and fortunes are, and ever have been, devoted to his majesty's
service in every constitutional way — yet it is most humbly conceived,
that this subordination and dependency is sufficiently secured by the
common law, by our allegiance, by the negative of the crown on the
laws of most of the provinces, but above all by the general superin
tending power and authority of the whole empire indisputably lodged
in that august body, the parliament of Great Britain, which authority
is clearly admitted here, so far as in our circumstances is consistent
with the enjoyment of our essential rights as freemen and British sub
jects — and we further humbly conceive that by the constitution it is
no further admissible in Great Britain itself. It is also submitted
whether there is not a vast difference between the exercise of par
liamentary jurisdiction in general acts for the amendment ofthe com
mon law, or even in general regulations of trade and commerce
Vol. I. 58

454 APPENDIX.
through the empire, and the actual exercise of that jurisdiction in
levying external and internal duties and taxes, on the colonists, while
they neither are nor can be represented in parliament. The former
may very well consist with a reasonable measure of civil liberty in
the colonies, but we must beg leave to say, that how the latter is
consistent with any degree of freedom we are wholly at a loss to com
prehend. Be that as it may, while the restrictions on the trade, com
merce, and manufactures of America, are every day increasing, that
duties and taxes external or internal, should be required of us seems
lo be a case of singular hardship.
5th. From the nature of American business, circumstances of our
affairs, the multiplicity of suits and papers used in a country where
freeholds are so minutely divided, a stamp duty, especially as this act
is constructed, must be very unequal and burdensome.
- Cth. All the penalties and forfeitures mentioned in this and other
late acts, are determinable in a court of admiralty at the mere elec
tion of an informer, and so at his will and pleasure the subject may be
deprived of the inestimable privilege of being tried by his peers,
which the common law considers as one of the best birthrights of an
Englishman. This is not all, for by the constitution of the newly
erected court of admiralty with a general jurisdiction over all his
majesty's dominions in America, the subject, according to the resi
dence of the judge which has hitherto been at Halifax, in Nova Sco
tia, may be carried from one end of a continent of two thousand miles
extent to the other.
7th. We think it much in favor of the colonies, that as it is a
well grounded general maxim in the doctrine of taxes, that the con
sumer ultimately pays them, and all the riches of America are as
naturally pouring into Britain as the rivers into the sea, and all the
manufactures must, by the acts of trade and navigation, come to us
from them, as we are allowed to go no where else for them, and that
at an advanced price it is said, fifty or sixty per cent, above what
they otherwise might be, by reason of the heavy duties and taxes at
home, it is clear to a demonstration that as America takes off and
consumes one half the British manufactures, that we eventually pay
our full proportion to every branch of our sovereigns revenues as
now established and collected at home.

APPENDIX. 455
8th. And lastly, the high honor and lucrative places and employ
ments for which every good and loyal subject at home, is or may be
a candidate, if his abilities will admit of it, the colonists and their
posterity must by their great distance from their prince, the fountain,
be ever excluded from any reasonable hopes of. We neither ask nor
desire more than what every ordinary commoner and freeholder in
Britain boasts of, viz. Quiet possession and free disposal of our prop
erty, being ever ready freely and cheerfully as our duty and loyalty
rehire, to contribute to the utmost of our abilities to the support of
the common cause and his majesty's service, when his just requisitions
as heretofore shall be made known.

NO. 10.
A Representation of the Lords Commissioners for Trade and Planta
tions, touching the Proceedings and Resolutions of the House of Repre
sentatives of Massachusetts Bay, with respect to ihe Act for levying a
Duty upon Stamps in America, and to other Acts of the Parliament of
Great Britain. TO THE KING'S MOST EXCELLENT MAJESTY.
May it please your majesty — The house of representatives of your
majesty's province of Massachusetts Bay, having, last year, printed
and published, in the journals of their proceedings, a letter from a
committee of that house to their agent here ; in which letter the acts
and resolutions of the parliament of Great Britain were treated with
the most indecent disrespect, and principles tending to a denial of the
right of parliament to levy taxes upon your majesty's subjects in the
colonies, were openly avowed ; our predecessors in office thought it
their duty to transmit this transaction to your majesty's consideration,
to the end that such directions might be given, as the nature and im
portance ofthe matter should appear to require.
Since this, and since the passing the act of parliament for levying a
stamp duty in America, the grounds of which act gave rise to the re
flections contained in the abovementioned letter, the same spirit that
dictated the sentiments it expresses, has appeared throughout the
whole proceedings of the said house of representatives.
Upon the election of counsellors, who, by the constitution of this
colony, are annually chosen by the house of representatives, the

45G APPENDIX.
strongest endeavors were used to preclude your majesty's secretary
of state, who has always been a member of the council from his seat
at that board ; and this, as your majesty's governor represents, mere
ly on account of his having received an appointment (unsolicited) to
be a distributor ofthe stamps : and the motion made in that house, to
discontinue the annual salary allowed for the support of your majes
ty's governor, upon which proceeding we have this day made a sep
arate representation to your majesty, seems to have arisen from the
same motives.
These, however, being only attempts of individuals in the communi
ty, would not either have required or deserved your majesty's atten
tion, in the light in which we view them ; but it further appears,
from the journals ofthe house of representatives in their last session,
that " this assembly, having thought fit to make the propriety and
expediency of the stamp act, and of other acts of parliament, a sub
ject of open question and discussion," came to several resolutions and
proceedings thereupon, which they kept secret till the last day of their
session, when they published them in their printed journals. (Then
follow the resolutions.) Then the board of trade proceeds thus ; the
object ofthe resolutions and proceedings ofthe house of representa
tives of Massachusetts Bay, is to recommend to, and induce, the rest
of your majesty's colonies in America, to join in a general congress of
committees from the several assemblies, independent of the other
branches of the legislature, and without any previous application to
your majesty, to consider and deliberate upon the acts of the parlia
ment of this kingdom. As this appears to us to be the first instance of
a general congress, appointed by the assemblies ofthe colonies with
out the authority ofthe crown ; a measure which we conceive of dan
gerous tendency in itself, and more especially so, when taken for the
purposes expressed in the abovementioned resolution, and connected
with the spirit that has appeared throughout the whole conduct ol
this particular assembly ; we therefore think it our indispensable duty
to submit, this matter to your majesty's consideration, for such direc
tions as your majesty, with the advice of your council, may think pro
per and expedient to give thereupon.
All which is most humbly submitted, &c.
Whitehall, October 1st, 1765.

APPENDIX. 457
NO. 11.
Resolutions introduced into the. House of Commons by General Conway,
in February 1766, and which passed, before the repeal of the Stamp
Act. 1. Resolved, That the king's majesty, by and with the advice and
•consent of the lords spiritual and temporal, and commons of Great
Britain, in parliament assembled, had, hath, and of right ought to have,
full power and authority to make laws and statutes, of sufficient force
and validity to bind the colonies and people of America, subjects of
the crown of Great Britain, in all cases whatsoever.
2. Resolved, That it appears to this committee, that tumults and in
surrections, of the most dangerous nature, have been raised and carri
ed on in several of the North American colonies, in open defiance of
the power and dignity of his majesty's government, and in manifest vi
olation of the laws and legislative authority of this kingdom.
3. Resolved, That it appears to this committee, that the said tu
mults and insurrections have been encouraged and enflamed, by sun
dry votes and resolutions, passed in several of the assemblies of the
said provinces, derogatory to the honor of his majesty's government,
and destructive of the legal and constitutional dependency of the
said colonies on the imperial crown and parliament of Great Britain.
4. Resolved, That it is the opinion of this committee, that an hum
ble address be presented to his majesty, to desire that his majesty
would be graciously pleased to give instructions to the governors of
the several provinces, where the abovementioned tumults and insur
rections have happened, that they should, in his majesty's name, re
quire ofthe assemblies ofthe said provinces, to make proper" recom
pense to those who have suffered in their persons or properties, in
consequence of the aforesaid tumults and insurrections ; and to assure
his majesty, that this house will, upon this, and all other occasions,
support the lawful authority of his crown, and the rights of parlia
ment. 5. Resolved, That it is the opinion of this committee, that all his
majesty's subjects residing in the said colonies, who have manifested
their desire to comply with, or to assist in, carrying into execution the
act for laying a duty on stamps, or any other act of parliament in the
British colonies, in North America, have acted as dutiful and loyal
subjects, and are therefore entitled to, and will assuredly have, the
favor and protection of this house.

458 APPENDIX. NO. 12.
Circular letter ofthe House of Representatives of Massachusetts.
Province ofthe Massachusetts Bay, February 11, 1768.
Sir, — The house of representatives of this province have taken
into their consideration the great difficulties that must accrue to them-'
selves and their constituents, by the operation of the several acts of
parliament imposing duties and taxes on the American colonies.
As it is a subject in which every colony is deeply interested, they
have no reason to doubt but your house is duly impressed with its
importance : and that such constitutional measures will be come into
as are proper. It seems to be necessary, that all possible care should
be taken that the representations of the several assemblies, upon so
delicate a point, should harmonize with each other : the house, there
fore, hope, that this letter will be candidly considered in no other
light, than as expressing a disposition freely to communicate their
mind to a sister colony, upon a common concern, in the same manner
as they would be glad to receive the sentiments of your or any other
house of assembly on the continent.
The house have humbly represented to the ministry their own
sentiments ; that his majesty's high court of parliament is the supreme
legislative power over the whole empire : that in all free states the
constitution is fixed : and, as the supreme legislative derives its power
and authority from the constitution, it cannot overleap the bounds of
it, without destroying its foundation : that the constitution ascertains
and limits both sovereignty and allegiance ; and, therefore his majesty's
American subjects, who acknowledge themselves bound by the ties of
allegiance, have an equitable claim to the full enjoyment of the fun
damental rules of the British constitution : that it is an essential, un
alterable right in nature, ingrafted into the British constitution as a
fundamental law, and ever held sacred and irrevocable by the subjects
within the realm, that what a man hath honestly acquired is absolutely
his own, which he may freely give, but cannot be taken from him
without his consent : that the American subjects may therefore, exclu
sive of any consideration of charter right, with a decent firmness
adapted to the character of freemen and subjects, assert this natural
and constitutional right.
It is moreover their humble opinion, which they express with the
greatest deference to the wisdom of the parliament, that the acts made

APPENDIX. 459
there, imposing duties on the people of this province, with the sole
and express purpose of raising a revenue, are infringements of their
natural and constitutional rights ; because as they are not represented
in the British parliament, his majesty's commons in Britain by those
acts grant their property without their consent.
This house further are of opinion, that their constituents, consider
ing their local circumstances, cannot by any possibility be represent
ed in the parliament ; and that it will forever be impracticable that
they should be equally represented there, and consequently not at all,
being separated by an ocean of a thousand leagues ; that his majesty's
royal predecessors, for this reason, were graciously pleased to form a
subordinate legislative here, that their subjects might enjoy the unal
ienable right of a representation. Also, that, considering the utter
impracticability of their ever being fully and equally represented in
parliament, and the great expense that must unavoidably attend even
a partial representation there, this house think, that a taxation of
their constituents, even without their consent, grievous as it is, would
be preferable to any representation that could be admitted for them
there. Upon these principles, and also considering, that were the right in
the parliament ever so clear, yet for obvious reasons it would be be
yond the rule of equity, that their constituents should be taxed on the
manufactures of Great Britain here, in addition to the duties they pay
for them in England, and other advantages arising to Great Britain
from the acts of trade ; this house have preferred a humble, dutiful
and loyal petition to our most gracious sovereign, and made such
representation to his majesty's ministers, as they apprehend would
tend to obtain redress.
They have also submitted to consideration, whether any people can
be said to enjoy any degree of freedom, if the crown, in addition to its
undoubted authority of constituting a governor, should appoint him
such a stipend as it shall judge proper, without the consent of the
people, and at their expense ; and whether, while the judges of the
land, and other civil officers, hold not their commissions during good
behaviour, their having salaries appointed for them by the crown,
independent ofthe people, hath not a tendency to subvert the princi
ples of equity, and endanger the happiness and security of the subject.
In addition to these measures, the house have written a letter to

460 APPENDIX.
their agent Mr. de Berdt, the sentiments of which he is directed ta
lay before the ministry ; wherein they take notice of the hardships
of the act for preventing mutiny and desertion, which requires the
governor and council to provide enumerated articles for the king's
marching troops, and the people to pay the expense, and also the
commission ofthe gentlemen appointed commissioners ofthe customs,
to reside in America, which authorizes them to make as many ap
pointments as they think fit, and to pay the appointees what sums
they please, for whose mal-conduct they are not accountable ; from
whence it may happen, that officers of the crown may be multipli
ed to such a degree, as to become dangerous to the liberties of the
people, by virtue of a commission which doth not appear to this
house to derive any such advantages to trade as many have been led
to expect.
These are the sentiments and proceedings of the house, and, as
they have too much reason to believe that the enemies of the colo
nies have represented them to his majesty's ministers and the par
liament as factious, disloyal, and having a disposition to make them
selves independent of the mother country, they have taken occasion
in the most humble tesms, to assure his majesty and his ministers, that,
with regard to the people of this province, and, as they doubt not, of
all the colonists, the charge is unjust.
The house is fully satisfied, that your assembly is too generous and
enlarged in sentiment to believe, that this letter proceeds from an am
bition of taking the lead, or dictating to the other assemblies ; they
freely submit their opinion to the judgment of others ; and shall take
it kind in your house to point out to them any thing further that may
be thought necessary.
This house cannot conclude without expressing their firm confi
dence in the king, our common head and father, that the united and
dutiful supplications of his distressed American subjects will meet with
his royal and favorable acceptance.
Message from Governor Sharpe to the house of representatives of
the province of Maryland.
Gentlemen of the lower house of assembly —
The king our most gracious sovereign, having been informed that a
circular letter, a copy of which hath been communicated to his min-

APPENDIX.

461

isters, was in February last sent by the speaker of the house of rep
resentatives of the colony of Massachusetts to the speakers of other
houses of assembly in North America, hath been pleased to order it
to be signified to me, that he considers such measure to be of a most
dangerous and factious tendency, calculated to inflame the minds of
his good subjects in the colonies, to promote an unwarrantable com
bination, to excite and encourage an open opposition to and denial of
the authority of parliament, and to subvert the true principles of the
constitution ; but while I notify to you his majesty's sentiments with
respect to this matter, I am also to tell you, that the repeated proofs
which have been given by the assembly of this province of their re
verence and respect for the laws, and of their faithful attachment to
the constitution, leave little room for his majesty to doubt of their
shewing a proper resentment of such an unjustifiable attempt to re
vive, those distractions which have operated so fatally to the preju
dice of both the colonies and the mother country, and I flatter myself
that in case such a letter has been addressed to the speaker of your
house, you will confirm the favorable opinion his majesty at present
entertains of his Maryland subjects, by taking no notice of such lett
ter, which will be treating it with the contempt it deserves.
HORATIO SHARPE,
June 20th, 1768.
Address of the house of delegates to Governor Sharpe, occasioned
by the above message.
To his Excellency Horatio Sharpe, Esq, governor and commander in
chief in and over the province of Maryland.
May it please your Excellency —
In answer to your excellency's message of the 20th, we must ob
serve, that if the letter from the speaker of the house of represen
tatives of the colony of Massachusetts bay, addressed to and commu
nicated by our speaker to this house, be the same with the letter, a
copy of which you are pleased to intimate, hath been communicated
to the king's ministers, it is very alarming to find that at a time when
the people of America think themselves aggrieved by the late acts
of parliament imposing taxes on them for the sole and express pur
pose of raising a revenue, and in the most dutiful manner are seek*
ing redress from the throne, any endeavors to unite in laying be*
Vol. I. 59

463 APPENDIX.
fore their sovereign what is apprehended to be their just complaint,
should be looked upon " as a measure of most dangerous and factious
tendency, calculated to inflame the minds of his majesty's good sub
jects in the colonies, to promote an unwarrantable combination, to
excite and encourage an open opposition to, and denial of the author
ity of parliament, and to subvert the true principles of the constitu
tion." We cannot but view this as an attempt in some of his majes
ty's ministers to suppress all communication of sentiments between
the colonies, and to prevent the united supplications of America from
reaching the royal ear. We hope the conduct of this house will
ever evince their reverence and respect for the laws and faithful at
tachment to the constitution ; but we cannot be brought to resent an
exertion of the most undoubted constitutional right of petitioning
the throne, or any endeavors to procure or preserve an union of the
colonies as an unjustifiable attempt to revive those distractions which
it is said have operated so fatally to the prejudice of both the colo
nies and the mother country. We have the warmest and most affec
tionate attachment to our most gracious sovereign, and shall ever pay
the readiest and most respectful regard to the just and constitutional
power of the British parliament, but we shall not t>e intimidated by
a few sounding expressions, from doing what we think is right. The
house of representatives of the colony of Massachusetts bay in their
letter to us, have intimated that they have presented an humble, du
tiful and loyal petition to the king, and expressed their confidence
that the united and dutiful supplications of his distressed American
subjects will meet with his royal and favorable acceptance ; and we
think they have asserted their rights with a decent respect to their sove
reign, and a due submission to the authority of parliament. What
we shall do upon this occasion, or whether in consequence of that
letter we shall do any thing, it is not our present business to commu
nicate to your excellency: but of this be pleased to be assured, that
we cannot be prevailed on to take no notice of, or to treat with the
least degree of contempt a letter so expressive of duty and loyalty to
the sovereign, and so replete with just principles of liberty; and
your excellency may depend that whenever we apprehend the rights
of the people to be affected, we shall not fail boldly to assert and
steadily endeavor to maintain and support them, always remember
ing, what we could wish never to be forgot, that by the bill of rights

APPENDIX. 463
it is declared, " that it is the right ofthe subject to petition the king,
and all commitments and prosecutions for such petitioning are illegal."
By order of the lower house of assembly, ROBERT LLOYD, Speaker,
June 23d, 1768.

NO. ,13.
Resolutions ofthe House of Lords, December 1768, respecting the pro
ceedings and conduct of the Assembly and people of Massachusetts.
1. Resolved, by the lords spiritual and temporal, in parliament as
sembled, that the votes, resolutions, and proceedings, of the house of
representatives of Massachusetts Bay, in the month of January and
February last, respecting several late acts of parliament, so far as the
said votes, resolutions, and proceedings, do import a denial of, or to
draw into question, the power and authority of his majesty, by and
with the advice and consent of the lords spiritual and temporal, and
commons, in parliament assembled, to make laws and statutes of suffi
cient force and validity, to bind the colonies and people of America,
subjects to the crown of Great Britain, in all cases whatsoever, are il
legal, unconstitutional, and derogatory of the rights of the crown and
parliament of Great Britain.
2. Resolved, by the lords spiritual and temporal, in parliament as-
sembledffthat the resolution of the said house of representatives of
the province of Massachusetts Bay, in January last, to write letters to
the several houses of representatives of the British colonies in the
continent, desiring them to join with the said house of representatives
of the province of Massachusetts Bay, in petitions, which do deny op
draw into question the right of parliament to impose duties and taxes
upon his majesty's subjects in America ; and, in pursuance of the said
resolution, the writing such letters, in which certain late acts of par
liament, imposing duties and taxes, are stated to be infringements of
the rights of his majesty's subjects of the said province, are proceed
ings of a most unwarrantable and dangerous nature, calculated to in
flame the minds of his majesty's subjects in the other colonies, tending
to create unlawful combinations repugnant to the laws of Great Brit
ain, and subversive ofthe constitution.
3. Resolved, by the lords spiritual and temporal, in parliament as-.
sembled, that it appears, that tfee town of Boston, ii^ the province of

4j64 APPENDIX.
Massachusetts Bay, has, for sometime past, been in a state of great dis
order and confusion ; and that the peace ofthe said town has, at sev
eral times, been disturbed by riots and tumults of a dangerous nature,
in which the officers of his majesty's revenue there, have been ob
structed by acts of violence, in the execution of the laws', and their
lives endangered.
4. Resolved, by the lords spiritual and temporal, in parliament as
sembled, that it appears, that neither the council of the said province
of Massachusetts Bay, nor the ordinary civil magistrates, did exert their
authority for suppressing the said riot and tumults.
5. Resolved, by the lords spiritual and temporal, in parliament as
sembled, that, in these circumstances of the province of Massachu
setts Bay, and ofthe town of Boston, the preservation of the public
peace, and the due execution of the laws, became impracticable,
without the aid of a military force to support aud protect the civil
magistrates, and the officers of his majesty's revenue.
6. Resolved, by the lords spiritual and temporal, in parliament as
sembled, that the declarations, resolutions, and proceedings, in the
town meeting at Boston, on the fourteenth of June, and twelfth of
September, were illegal and unconstitutional, and calculated to excite
sedition and insurrections in his majesty's province of Massachusetts
Bay. „
7- Resolved, by the lords spiritual and temporal, in parliament as
sembled, that the appointment at the town meeting, on the twelfth of
September, of a convention to be held in the town of Boston, on the
twenty-second of that month, to consist of deputies from the several
towns and districts in the province of Massachusetts Bay, and the issu
ing a precept, by the selectmen ofthe town of Boston, to each ofthe
said towns and districts, for the election of such deputies, were pro
ceedings subversive of his majesty's government, and evidently mani
festing a design, in the inhabitants of the said town of Boston, to set up
a new and unconstitutional authority, independent of the crown of
Great Britain.
8. Resolved, by the lords spiritual and temporal, in parliament as
sembled, that the elections, by several towns and districts in the pro
vince of Massachusetts Bay, of deputies to sit in the same convention,
and the meeting of such convention in consequence thereof, were dar
ing insults offered to his m^je&ty'j authority, and audacious usurpa
tions ofthe powers of government.

APPENDIX. 465
r
NO. 14.
Letter ofthe Assembly of Massachusetts to Lord Dartmouth.
Province ofthe Massachusetts Bay, June 29, 1773.
My Lord, — The re-establishment of the union and harmony that
formerly subsisted between Great Britain and her colonies is earnest
ly to be wished by the friends of both. As your lordship is one of
them, the two houses of the assembly of this province beg leave to
address you. The original causes of the interruption of that union
and harmony may probably be found in the letters sent from hence
to administration, and to other gentlemen of influence in parliament,
since the appointment of Sir Francis Bernard to the government of
this province ; and there is great reason to apprehend, that he and
his coadjutors originally recommended and laid the plans for t8e es
tablishing the American revenue, out of whieh they expected large
stipends and appointments for themselves, -and which, through their
instrumentality, has been the occasion of all the evils that have since
taken place.
When we had humbly addressed his majesty, anfi petitioned both
houses of parliament, representing our grievances, and praying for the
repeal of the revenue acts, the like instruments, and probably the
same, exerted themselves to prevent those petitions being laid before
his majesty and th* parliament, or to frustrate the prayer of them.
Of this we have just had some new and unexpected evidence from ori
ginal letters from governor Hutchinson dnd lieutenant governor Oli
ver; in which the former particularly and expressly, by his letter of
the 10th of December 1768, endeavored, in co-operation with Gov
ernor Bernard, to frustrate a petition of a number of the council for
_ the repealing those acts, and to procure his majesty's censure on the
petitioners ; and the letters of the latter, by the disadvantageous idea
conveyed by them of the two houses of assembly, manifestly tend
ed to create a prejudice against any petitions coining from a body of
of such a character; and his letter ofthe 1 Ith of May 1768 in partic
ular, mentions the petition of the house of representatives to his ma
jesty, and their letters to divers noble lords, with such circumstances
as had a tendency to defeat the petition, and render the letters of ne
effect.

466 APPENDIX.
It is now manifest, my lord, what practices and arts have been used
to mislead administration, both in the first proposal of American reve
nue acts, and in the continuance of them ; but when they had lost
their force, and there appeared, under the influence of your lordship,
a disposition in parliament to repeal those acts, his excellency gov
ernor Hutchinson, in his speech at the opening of the last session of
the general court, was pleased to throw out new matter for contention
and debate, and to call on the two houses, in such a pressing manner
as amounted to little short of a challenge to answer him. Into such a
dilemma were they brought by the speech, that they were under a
necessity of giving such answers to it as they did, or having their
conduct construed into an acquiescence with the doctrines contained
in it, which would have been an implicit acknowledgment, that the
province was in a state of subjection differing very little from slavery.
The answers were the effect of necessity, and this necessity occasion
ed great grief to the two houses. The people of this province, my
lord, are true and faithful subjects of his majesty, and think themselves
happy in their connection with Great Britain.
They would rejoice at the restoration of the harmony and good
will that once subsisted between the parent state and them ; but it is
in vain to expect this happiness during the continuance of their griev
ances, and while the charter rights, one after another, are wrested
from them. Among these rights is the supporting of the officers of
the crown by grants from the assembly; and in an especial manner,
the supporting of the judges in this same way, on whose judgment the
province is dependent in the most important cases, of life, liberties,
and property. If warrants have not yet been, or if they already have
been issued, we earnestly beg the favor of your lordship's interposi
tion to suppress or recal them. If your lordship should condescend
to ask what are the means of restoring the harmony so much desired,
we should answer in a word, that we are humbly of opinion, if things
were brought to the general state in which they stood at the conclu
sion of the late war, it would restore the happy harmony which at
that time subsisted.
Your lordship's appointment to be principal secretary of state for
the American department, has given the colonies the higest satisfac
tion. They think it a happy omen, and that it will be productive of
American tranquility, consistent with their rights as British subjects.

APPENDIX. 467
The two houses humbly hope for your lordship's influence to bring
about so happy an event, and in the mean time they can with full
confidence rely on your lordship, that the machinations of Sir Francis
Bernard, and other known enemies of the peace of Great Britain and
her colonies, will not be suffered to prevent or delay it.
This letter, which has been agreed on by both houses, is in their
name, and by their order, signed and transmitted to your lordship, by,
my lord, your lordship's most obedient, and very humble servant,
THOS. FLUCKER, Secretary.

NO. 15.
Address of the members of the House of Burgesses in Virginia, to the
people of that State, relative to the Boston port bill, after the dissolu
tion ofthe Assembly, by the Governor, in May 1774.
We, his majesty's most dutiful and loyal subjects, the late repre
sentatives of the good people of this country, having been deprived,
by the sudden interposition ofthe executive part of this government,
from giving our countrymen the advice we wished to convey to them
in a legislative capacity, find ourselves under the hard necessity of
adopting this, the only method we have left, of pointing out to our
countrymen such measures as, in our opinion, are best fitted to secure
our dearest rights and liberty from destruction, by the heavy hand of
power now lifted against North America. With much grief we find
that bur dutiful applications to Great Britain for security of our just,
ancient, and constitutional rights, have been not only disregarded, but
that a determined system is formed and pressed for reducing the in
habitants of British America to slavery, by subjecting them to the pay
ment of taxes, imposed without the consent of the people or their
representatives ; and that in pursuit of this system we find the act of
the British parliament, lately passed, for stopping the harbor and com
merce of Boston, in our sister colony of Massachusetts Bay, until the
people there submit to such unconstitutional taxes, and which act
most violently and arbitrarily deprives them of their property, in
wharves erected by private persons, at their own great and proper
expense ; which act is, in our opinion, a most dangerous attempt to
destroy the constitutional liberty and rights of all North America. It
is farther our opinion, that as tea, on its importation to America, is

468 APPENDIX.
charged with a duty, imposed by parliament for the purpose of rais
ing a revenue, without the consent ofthe people, it ought not to be
used by any person who wishes well to the constitutional rights and
liberty of British America. And whereas the India company have un
generously attempted the ruin of America, by sending many ships
loaded with tea into the colonies, thereby intending to fix a precedent
in favor of arbitrary taxation, we deem it highly proper, and do ac
cordingly recommend it strongly to our countrymen, not to purchase
or use any kind of East India commodity whatsoever, except saltpetre
and spices, until the grievances of America are redressed. We are
farther clearly of opinion, that an attack made on one of our sister col
onies, to compel submission to arbitrary taxes, is an attack made on
all British America, and threatens ruin to the rights of all, unless the
united wisdom of the whole be applied. And for this purpose it is
recommended to the committee of correspondence, that they com
municate with their several corresponding committees on the expe
diency of appointing deputies from the several colonies of British
America, to meet in general congTess, at such place annually, as shall
be thought most convenient ; there to deliberate on those general
-jmeasures which the united interests of America, may from time to
time require.
A tender regard for the interests of our fellow subjects, the mer
chants and manufacturers of Great Britain, prevent us from going far
ther at this time ; most earnestly hoping that the unconstitutional
principle of taxing the colonies without their consent, will not be per
sisted in, thereby to compel us,^against our will, to avoid all commer
cial intercourse with Britain. Wishing them and our people free and
happy, we are their affectionate friends, the late representatives of
Virginia. >
The above was immediately signed by the honorable the speaker
and all the members of the late house of burgesses, as well as by a
number of clergymen and other inhabitants of the colony, who, after
having maturely considered the contents of the association, did most
cordially approve and accede thereto.

APPENDIX. 469
NO. 16.
Non-importation, 4"C- association and agreement entered into by the De
legates of the people of Virginia, in August 1774-
At a very full meeting of delegates from the different counties in the
colony and dominion of Virginia, begun in Williamsburg the first
day of August, in the year of our Lord 1774, aud continued by sev
eral adjournments to Saturday the sixth of the same month, the fol
lowing Association was unanimously resolved upon and agreed to.
We, his majesty's dutiful and loyal subjects, the delegates of the
freeholders of Virginia, deputed to represent them at a general meet
ing in the city of Williamsburg, avowing our inviolable and unshaken
fidelity and attachment to our most gracious sovereign, our regard and
affection, for all our friends and fellow subjects in Great Britain and
elsewhere, protesting against every act or thing- which may have the
most distant tendency to interrupt, or in any wise disturb, his majesty's
peace, and the good order of government within this his ancient colo
ny, which we are resolved to maintain and defend at the risk of our
lives and fortunes ; but at the same time, affected with the deepest
anxiety, and most alarming apprehensions, of those grievances and
distresses by which his majesty's American subjects are oppressed ;
and having taken under our most serious deliberation the state of the
whole continent, find that the present unhappy situation of our affairs
is chiefly occasioned by certain ill advised regulations, as well of our
trade as internal polity, introduced by several unconstitutional acts of
the British parliament, and at length attempted to be enforced by the
hand of power. Solely influenced by these important considerations,
we think it an indispensable duty which we owe lo our country, our
selves, and latest posterity, to guard against such dangerous and ex
tensive mischiefs by every just and proper means.
If, by the measures adopted, some unhappy consequences and in
conveniences should be derived to our fellow subjects, whom we wish
not to injure in the smallest degree2 we hope and flatter ourselves that
they will impute them to their real cause, the hard necessity to which
they are driven.
That the good people of this colony may, on so trying an occasion,
continue steadfastly directed to their most essential interests, in hopes
Vol. I. 60

470 APPENDIX.
thatlhey will be influenced and stimulated by our example to the
greatest industry, the strictest economy and frugality, and the exer"
cise of every public virtue ; persuaded that the merchants, manufac
turers, and other inhabitants of Great Britain, and above all, that the
British parliament will be convinced how much the true interest of
that kingdom must depend on the restoration and continuance of that
mutual friendship and cordiality which so happily, subsisted between
us ; we have unanimously and with one voice, entered into the follow
ing resolutions and association, which we do oblige ourselves by those
sacred ties of honor and love to our country, strictly to observe : and
farther declare, before God and the world, that we will religiously ad
here^ to, and keep the same inviolate in every particular, until re
dress of all such American grievances as may be defined and settled
at the general congress of delegates from the different colonies shall
be fully obtained, or untiHbis association shall be abrogated or alter
ed by a general meeting ofthe deputies of this.colony, to be convened
as is herein after directed. And we do, with the greatest earnestness,
recommend this our association to all gentlemen, merchants, traders,
and other inhabitants of this colony, hoping that they will cheerfully
and cordially accede thereto.
1st, We do heieby resolve and declare, that we will not either
directly or indirectly, after the first day of November next, import
from Great Britain any goods, wares, or merchandise whatever, medi
cines excepted ; nor will we, after that day, import any British man
ufactures, either from the West Indies or any other place, nor any ar
ticle whatever which we shall know, or have reason to believe, was
brought into such countries from Great Britain ; nor will we purchase
any such articles so imported of any person or persons whatsoever,
except such as are now in the country, or such as may arrive on or
before the said 1st day of November, in consequence of orders alrea
dy given, and which cannot now be countermanded in time.
2nd. We will neither ourselves import, nor purchase, any slave
or slaves, imported by any person after the first day of November
next, either from Africa, the West Indies, or any other place.
3d. Considering the article of tea as the detestable instrument
which laid the foundation of the present sufferings of our distressed
friends in the town of Boston, we view it with horror ; and therefore
resolve, that we will not from this day, either import tea of any kind

APPENDIX. 471
whatever, nor will we use, or suffer even such of it as is now on hand
to be used, in any of our families.
4th. If the inhabitants of the town of Boston, or any other colony,
should by violence or dire necessity be compelled to pay the East In
dia company for destroying any tea, which they have lately by their
agents unjustly attempted to force into the colonies, we will not di
rectly or indirectly import or purchase any British India commodity
whatever, till the company, or some other person on their behalf,
shall refund and fully restore to the owners all such sum or' sums of
money as may be so extorted.
5tb. We do resolve, that unless American grievances are re
dressed before the 10th day of August, 1775, we will not, after that
day, directly or indirectly, export tobacco, or any other article what
ever, to Great Britain ; nor will we sell any such articles as we think
can be exported to Great Britain with a prospect of gain to any per
son or persons whatever, with a design of putting it into his or their
power to export the same to Great Britain, either on our own, his,
or their account. And that this resolution may be the more effect
ually carried into execution, we do hereby recommend it to the in
habitants of this colony to refrain from the cultivation of tobacco, as
much as conveniently may be ; and in lieu thereof, that they will, as
we resolve to do, apply their attention and industry to the cultivation
of all such articles as may form a proper basis for manufactures of
all sorts, which we will endeavor to encourage throughout this colony
to the utmost of our abilities.
6th. We will endeavor to improve our breed of sheep, and in
crease their number to the utmost extent, and to this end we will be
as sparing as we conveniently can in killing of sheep, especially those
of the most profitable kind ; and fii we should^at any time be over
stocked, or can conveniently spare any, we will dispose of them to
our neighbors, especially the poorer sort of people, upon moderate
terms. 7th. Resolved, That the merchants, and other venders of goods
and merchandizes, within^ this colony, ought not to take advantage
of the scarcity of goods that may be occasioned by this association,
but that they ought to sell the same at the rates they have been ac
customed to, for twelve months past ; and if they shall sell any such
goods on higher terms, or shall in any manner, or by any device

472

APPENDIX.

whatever, violate or depart from this resolution, we will not, and
are of opinion that no inhabitant of this colony ought, at any time
thereafter to deal with any such persons, their factors or agents, for
any commodity whatever. And it is recommended to the deputies of
the several counties, that committees be chosen in each county, by
such persons as accede to this association, to take effectual care that
these resolves be properly observed, and for corresponding occasion
ally with the general committee of correspondence in the city of
Williamsburg. Provided, that if exchange should rise, such advances
may be made in the price of goods as shall be approved by the com
mittee of each colony.
8th. In order the better to distinguish such worthy merchants
and traders, who are well wishers to the colony from those who
may attempt, through motives of self interest, to obstruct our views,
we do hereby resolve, that we will not, after the first day of No
vember next, deal with any merchant or trader who will not sign
this association, nor until he hath obtained a certificate of his having
done so, from the county committee, or any three members thereof.
And if any merchant, trader, or other person, shall import any goods
or merchandize after the first day of November, contrary to this as
sociation, we give it as our opinion that such goods and merchan
dize should be either forthwith reshipped or delivered up to the
county committee, to be stored at the risk of the importer, unless
such importer shall give a proper assurance to the said committee
that such goods or merchandizes shall not be sold within this colony
during the continuance of this association ; and if such importer shall
refuse to comply with one or the other of these terms, upon ap
plication and due caution given to him, or her, by the said commit
tee, or any three members thereof, such committee is required to
publish the truth of the case in the gazettes, and in the county
where he or she resides, and we will thereafter consider such per
son or persons as inimical to this country, and break off every con
nection and all dealings with them.
9th. Resolved, That if any person or persons shall export to
bacco or any other commodity, to_Great Britain, after the 10th day of
August, 1775, contrary to this association, we shall hold ourselves
obliged to consider such person or persons as inimical to the commu
nity, and as an approver of American grievances ; and give it as our

APPENDIX. 473
opinion, that the public should be advertised of his conduct, as in the
8th article is desired.
10th. Being fully persuaded that the united wisdom of the gene
ral congress may improve these endeavors to preserve the rights and
liberties in British America, we decline enlarging at present ; but do
hereby resolve, that we will conform to and strictly observe, all such
alterations or additions, assented to by the delegates for this colony,
as they may judge necessary to adopt, after the same shall be pub
lished and made known to us.
11th. Resolved, that we think ourselves called upon by every
principle of humanity and brotherly affection, to extend the utmost
and speediest relief to our distressed fellow subjects in the town of
Boston ; and therefore most earnestly recommend it to all the inhab
itants of this colony to make such liberal contributions as they can
afford, to be collected and remitted to Boston in such manner as may
best answer a desirable purpose.
12th, and lastly, Resolved, That the moderator of this meeting,
and in case of his death, Robert Carter Nicholas, Esq. be empower
ed on any future occasion that may in his opinion require, to convene
the several delegates of this colony, at such time and place as he
may judge proper ; and in case of the death or absence of any dele
gate, it is recommended that another be chosen in his place.

NO. IT.
An Address to the people of Great Britain, September, 1774.
To the people of Great Britain, from the delegates appointed by the
several English colonies of New Hampshire, Massachusetts bay,
Rhode Island and Providence plantations, Connecticut, New York,
New Jersey, Pennsylvania, the lower counties on Delaware, Mary
land, Virginia, North Carolina, and South Carolina, to consider of
their grievances in general congress, at Philadelphia, September
5th, 1774.
Friends and Fellow Subjects —
When a nation, led to greatness by the hand of liberty, and pos
sessed of all the glory that heroism, munificence, and humanity can
bestow, descends to the ungrateful task of forging chains for her
friends and childrens, and instead of giving support to freedom, turns

474 APPENDIX.
advocate for slavery and oppression, there is reason to suspect she
has either ceased to be virtuous, or been extremley negligent in the
appointment of her rulers.
In almost every age, in repeated conflicts, in long and bloody
wars, as well civil as foreign, against many and powerful nations,
against the open assaults of enemies, and the more dangerous treach
ery of friends, have the inhabitants of your island, your great and
glorious ancestors, maintained their independence,- and transmitted
the rights of men, and the blessings of liberty, to you their posterity.
Be not surprised, therefore, that we who are descended from the
same common ancestors ; that we, whose forefathers participated in
all the rights, the liberties, and the constitution, you so justly boast
of, and who have carefully conveyed the same fair inheritance to us,
guarantied by the plighted faith of government and the most solemn
compacts with British sovereigns, should refuse to surrender them to
men, who found their claims on no principles of reason, and who pros
ecute them with a design, that by having our lives and property in
their power, they may, with the greatest facility, enslave you. The
cause of America is now the object of universal attention : it has at
length become very serious. This unhappy country has not only
been oppressed, but abused and misrepresented ; and the duty we
owe to ourselves and posterity, to your interest, and the general wel
fare of the British empire, leads us to address you on this very im
portant subject.
Know then, that we consider ourselves, and do insist that we are
and ought to be, as free as our fellow subjects in Britain, and that no
power on earth has a right to take our property from us, without our
consent. That we claim all the benefits secured to the subject by the English
constitution, and particularly that inestimable one of trial by jury.
That we hold it essential to English liberty, that no man be con
demned unheard, or punished for supposed offenses, without having
an opportunity of making his defense.
That we think the legislature of Great Britain is not authorized,
by the constitution, to establish a religion, fraught with sanguinary
and impious tenets, or, to erect an arbitrary form of government, in
any quarter of the globe. These rights, we, as well as you, deem
sacred ; and yet, sacred as they are, they have, with many others
been repeatedly and flagrantly violated.

APPENDIX. 475
Are not the' propietors of the soil of Great Britain, lords of their
own property ? can it be taken from them, without their consent 1
will they yield it to the arbitrary disposal of any man, or number of
men whatever ? You know they will not.
Why then are the proprietors of the soil of America less lords of
their property than you are of yours ? or why should they submit it
to the disposal of your parliament, or any other parliament, or coun
cil in the world, not of their election? Can the intervention ofthe
sea, that divides us, cause disparity in rights, or can any reason be
given, why English subjects, who live three thousand miles from the
royal palace, should enjoy less liberty than those who are three hun
dred miles distant from it ?
Reason looks with indignation on such distinctions, and freemen can
never perceive their propriety. And yet, however chimerical and
unjust such discrimations are, the parliament assert, that they have a
right to bind us, in all cases, without exception, whether we consent
or not ; that they may take and use our property when and in what
manner they please ; that we arg pensioners on their bounty, for all
that we possess, and can hold it ne longer than they vouchsafe to per
mit. Such declarations we consider as heresies in English politics,
and which can no more operate to deprive us of our property, than
the interdicts of the pope can divest kings of sceptres, which the laws
of the land and the voice of the people have placed in their hands.
At the conclusion of the late war — a war rendered glorious by the
abilities and integrity of a minister, to whose efforts, the British em
pire owes its safety and its fame : at the conclusion of this war,
which was succeeded by an inglorious peace, formed under the au
spices of a minister, of principles, and of a family unfriendly to the
protestant cause, and inimical to liberty : We say, at this period, and
under the influence of that man, a plan, for enslaving your fellow-
subjects in America, was concerted, and has ever since been pertina
ciously carrying into execution.
Prior to this era you were content with drawing from us the wealth
produced by our commerce. You restrained our trade in every way
that could conduce to your emolument. You exercised unbounded
sovereignty over the sea. You named the ports and nations, to which
alone our merchandize should be carried, and with whom alone we
should trade; and though some of these restrictions were grievous.

476 APPENDIX.
we nevertheless did not complain ; we looked up to you as to our
parent state, to which we were bound by the strongest ties, and were
happy in being instrumental to -your prosperity and your grandeur.
We call upon you yourselves, to witness our loyalty and attach
ment to the common interest of the whole empire : did we not, in the
last war, add all the strength of this vast continent to the force which
repelled our common enemy ? did we not leave our native shores,
and meet disease and death, to promote the success of British arms in
foreign climates ? did you not thank us for our zeal, and even reim
burse us large sums of money, which, you confessed, we had advanc
ed beyond our proportion, and far beyond our abilities? You did.
To what causes, then, are we to attribute the sudden change of treat
ment, and that sj'stem of slavery which was prepared for us at the
restoration of peace ?
Before we had recovered from the distresses which ever attend
war, an attempt was made to drain this country of all its money, by
the oppressive stamp act. Paint, glass, and other commodities, which
you would not permit us to purchase of other nations, were taxed ;
nay, although no wine is made in aey country, subject to the British
state, you prohibited our procuring it of foreigners, without paying a
tax, imposed by your parliament, on all we imported. These and
many other impositions were laid upon us most unjustly and unconsti
tutionally, for the express purpose of raising a revenue. In order to
silence complaint, it was, indeed, provided, that this revenue should
be expended in America for its protection and defence. These exac
tions, however, can receive no justification from a pretended necessity
of protecting and defending us; they are lavishly squandered on
court favorites and ministerial dependents, generally avowed ene
mies to America, and employing themselves by partial representa
tions, to traduce and embroil the colonies. For the necessary support
of government here, we ever were and ever shall be ready to pro
vide. And whenever the exigencies of the state may require it, we
shall, as we have heretofore done, cheerfully contribute our full pro
portion of men and money. To enforce this unconstitutional and
unjust scheme of taxation, every fence that the wisdom of our British
ancestors had carefully erected against arbitrary power, has been
violently thrown down in America; and the inestimable right of trial
by jury taken away in cases that touch both life and property. It was

APPENDIX.

47?

Qrdained, that whenever offenses should be committed in the colonies
against particular acts, imposing various duties and restrictions upon
trade, the prosecutor might bring his action for the penalties in the
courts of admiralty ; by which means the subject lost the advantage
of being tried by an honest uninfluenced jury of the vicinage, and was
subjected to the sad necessity of being judged by a single man, a
creature of the crown, and according to the course of a law, which
exempts the prosecutor from the trouble of proving his accusation,
and obliges the defendant either to evince his innocence, or to suffer.
To give this new judicatory the greater importance, and as if with
design to protect false accusers, it is further provided, that the judge's
certificate of there having been probable causes of seizure and prose
cution, shall protect the prosecutor from actions at common law for
recovery of damages.
By the course of our law, offenses committed in such of the British
dominions, in which courts are established, and justice duly and regur
larly administered, shall be there tried by a jury of the vicinage.
There the offenders and the witnesses are known, and the degree of
credibility, to be given to their testimony, can be ascertained.
In all these colonies, justice is regularly and impartially adminis
tered, and yet, by the construction of some, and the direction of other
acts of parliament, offenders are to be taken by force, together with
all such persons as may be pointed olit as witnesses, and carried to
England, there to be tried in a distant land, by a jury of strangers,
and subject to all the disadvantages that result from want of friends,
want of witnesses, and want of money.
When the design of raising a revenue from the duties imposed on
the importation of teainto America, had in a great measure been ren
dered abortive, by our ceasing to import that commodity, a scheme
was concerted by the ministry with the East India company, and 'an
act passed, enabling and encouraging them to transport and vend it
in the colonies. Aware of the danger of giving success to this insidi
ous manoeuvre, and of permitting a precedent of taxation, thus to be
established among us, various methods were adopted to elude the
stroke. The people of Boston, then ruled by a governor, whom, as
well as his predecessor, Sir Francis Bernard, all America considers as
her enemy, were exceedingly embarrassed. The ships, which had
arrived with the tea, were, by his management, prevented from re-
Vol. I. 61

478 APPENDIX.
turning. The duties would have been paid ; the cargoes landed add
exposed to sale ; a governor's influence would have procured and
protected many purchasers. While the town was suspended by de
liberations on this important subject, the tea was destroyed. Even
supposing a trespass was thereby committed, and the proprietor of
the tea entitled to damages, the courts of law were open, and judges,
appointed by the crown, presided in them. The East India company,
however, did not think proper to commence any suits, nor did they
even demand satisfaction, either from individuals, or from the commu
nity in general. The ministry, it seems, officiously made the case
their own, and the great council of the nation descended to intermed
dle with a dispute about private property. Divers papers, letters,
and other unauthenticated ex parte evidence were laid before them ;
neither the persons who destroyed the tea, nor the people of Boston,
were called upon to answer the complaint. The ministry, incensed
by being disappointed ki a favorite scheme, were determined to recur
from the little arts of finesse, to open force and unmanly violence.
The port of Boston was blocked up by a fleet, and an army placed in
the town. Their trade was to be suspended, and thousands reduced to
the necessity of gaining subsistence from charity, till they should
submit to pass under the yoke, and consent to become slaves, by
confessing the omnipotence of parliament, and acquiescing in what
ever disposition they might think proper to make of their lives and
property. Let justice and humanity cease to be the boast of your nation !
consult your history, examine your records of former transactions ;
nay, turn to the annals ofthe many arbitrary states and kingdoms that
surround you, and shew us a single instance of men being condemned
to suffer for imputed crimes, unheard, unquestioned, and without
even the specious formality of a trial ; and that, too, by laws made
expressly for the purpose, and which had no existence at the time of
the fact committed. If it be difficult to reconcile these proceedings
to the genius and temper of your laws and constitution, the task will
become more arduous, when we call upon our ministerial enemies to
justify, not only condemning men untried, and by hearsay, but involv
ing the innocent in one common punishment with the guilty, and for
the act of thirty or forty, to bring poverty, distress and calamity, on
thirty thousand souls, and those not your enemies, but your friends,

APPENDIX. 479
brethren, and fellow-subjects. It would be some consolation to us, if
the catalogue of American oppressions ended here. It gives us pain
to be reduced to the necessity of reminding you, that under the confi
dence reposed in the faith of government, pledged in a royal charter
from a British sovereign, the fore-fathers of the present inhabitants
ofthe Massachusetts Bay, left their former habitations, and establish
ed that great, flourishing, and loyal colony. Without incurring or
being charged with forfeiture of their rights, without being heard,
witliput being tried, without law, and without justice, by an act of
parhament; their charter is destroyed, their liberties violated, their
constitution and form of government changed ; and all this upon no
better pretence, than because in one of their towns, a trespass was
committed on some merchandize, said to belong to one of their com
panies, and because the ministry were of opinion, that such high polit
ical regulations were necessary, to compel due subordination and
obedience to their mandates.
Nor are these the only capital grievances under which we labor.
We might tell of dissolute, weak, and wicked governors having been
set over us ; of legislatures being suspended for asserting the rights
of British subjects : of needy and ignorant dependents on great men
advanced to the seats of justice, and to other places of trust and im
portance ; of hard restrictions on commerce, and a great variety of
lesser evils, the recollection of which is almost lost under the weight
and pressure of greater and more poignant calamities.
Now mark the progression ofthe ministerial plan for enslaving us.
Well aware that such hardy attempts to take our property from us,
to deprive us of that valuable right of trial by jury, to seize our per
sons and carry us for trial to Great Britain, to blockade our ports, to
destroy our charters, and change our forms of government, would
occasion, and had already occasioned, great discontent in the colonies,
which might produce opposition to these measures ; an act was pas
sed to protect, indemnify, and screen from punishment, such as might
be guilty even of murder, in endeavoring to carry their oppressive
edicts into execution ; and by another act the dominion of Canada is
to be so extended, modelled and governed, as that by being disunited
from us, detached from our interests, by civil as well as religious
prejudices, that by their numbers daily swelling with catholic emi
grants from Europe, and by their devotion to administration, so friend-

480 APPENDIX.
ly to their religion, they might become formidable to us, and on occa
sion, be fit instruments, in the hands of power, to reduce the ancient,
free protestant colonies to the same state of slavery with themselves.
This was evidently the object of the act ; and in this view, being
extremely dangerous to our liberty and quiet, we cannot forbear
complaining of it, as hostile to British America. Superadded to these
considerations, we cannot help deploring the unhappy condition to
which it has reduced the many English settlers, who, encouraged by
the royal proclamation, promising the enjoyment of all their rights,
have purchased estates in that country. They are now the subjects
of an arbitrary government, deprived of trial by jury, and when im
prisoned, cannot claim the benefit of the habeas corpus act, that
great bulwark and palladium of English liberty : — Nor can we sup
press our astonishment, that a British parliament should ever consent
to establish in that country, a religion that has deluged your island in
blood, and dispersed impiety, bigotry, persecution, murder, and re
bellion through every part of the world. This being a true state of
facts, let us beseech you to consider to what end they lead. Admit
that the ministry, by the powers of Britain, and the aid of our Roman
Catholic neighbors, should be able tocarry'the point of taxation, and
reduce us to a state of perfect humiliation and slavery: Such an en
terprize would doubtless make some addition to your national debt,
which already presses down your liberties, and fills you with pension
ers and placemen. We presume, also, that your commerce will
somewhat be diminished. However, suppose you should prove vic
torious, in what condition will you then be ? What advantages or what
laurels will you reap from such a conquest?
May not a ministry with the same armies enslave you ? — it may be
said, you will cease to pay them, — but remember the taxes from
America, the wealth, and we may add the men, and particularly the
Roman Catholics of this vast continent, will then be in the power of
your enemies ; nor will you have any reason to expect, that after
making slaves of us, many among us should refuse to assist in reduc
ing you to the same abject state.
Do not treat this as chimerical. — Know that in less than half a cen
tury, the quit-rents reserved to the crown, from the numberless grants
of this vast continent, will pour large streams of wealth into the royal
coffers, and if to this be added, the power of taxing America at pleas-

APPENDIX. 481
ure, the crown will he rendered independent of you for supplies, and
will possess more treasure than maybe necessary to purchase the re
mains of liberty in your island. In a word, take care that you do not
fall into the pit that is preparing for us.
We believe there is yet much virtue, much justice, and much pub
lic spirit in the English nation. — To that justice we now appeal. You
have been told that we are seditious, impatient of government, and
desirous of independency. Be assured that these are not facts, bu*
calumnies. — Permit us to be as free as yourselves, and we shall ever
esteem a union with you, to be our greatest glory* and our greatest
happiness ; we shall ever be ready to contribute all in our power to
the welfare of the empire ; we shall consider your enemies as our en
emies, and your interest as our own.
But, if you are determined that your ministers shall wantonly sport
with the rights of mankind^-if neither the voice of justice, the dic
tates of the law, the principles of the constitution, or the suggestions
of humanity, can restrain your hands from shedding human blood, in
such an impious cause, we must then tell you, that we will never sub
mit to be hewers of wood, or drawers of water, for any ministry or na
tion in the world.
Place us in the same situation that we were at the close of the last
war, and our former harmony will be restored.
But, lest the same supineness, and the same inattention to our com
mon interest, which you have for several years shown, should continue,
we think it prudent to anticipate the consequences.
By the destruction of the trade of Boston, the ministry have en
deavored to induce submission to their measures. The like fate may
befall us all. We will endeavor, therefore, to live without trade, and
recur, for subsistence, to the fertility and bounty of our native soil,
which will afford us all the necessaries, and some of the conveniences
of life. We have suspended our importations from Great Britain and
Ireland ; and, in less than a year's time, unless our grievances should
be redressed, shall discontinue our exports to those kingdoms and the
West Indies.
It is with the utmost regret, however, that we find ourselves com
pelled, by the over-ruling principles of self-preservation, to adopt
measures detrimental, in their consequences, to numbers of our fellow
subjects in Great Britain and<|rgjand. But, we hope, that the mag-

4'g2 APPENDIX.
nanimity and justice ofthe British nation will furnish a parliament of
such wisdom, independence, and public spirit, as may save the violated
rights of the whole empire, from the devices of wicked ministers and
evil counsellors, whether in or out of office ; and thereby restore that
harmony, friendship, and fraternal affection, between all the inhabit
ants of his majesty's kingdoms and territories, so ardently wished for,
by every true and honest American.

NO. 19.

Address of Congress to the oppressed inhabitants of Canada, in the year
1775.
Friends and countrymen — Alarmed by the designs of an arbitrary
ministry, to extirpate the rights and liberties of all America, a sense
of common danger conspired with the dictates of humanity, in urging
us to call your attention, by our late address, to this very important
object. Since the conclusion of the late war, we have been happy in con
sidering you as fellow subjects, and from the commencement of the
present plan for subjugating the continent, we have viewed you as
fellow sufferers with us. As we were both entitled by the bounty of
an indulgent Creator to freedom, and being both devoted by the cruel
edicts of a despotic administration, to common ruin, we perceived the
fate of the Protestant and Catholic colonies to be strongly linked to
gether, and therefore invited you to join with us in resolving to be
free, and in rejecting, with disdain, the fetters of slavery, however
artfully polished.
We most sincerely condole with you on the arrival of that day, in
the course of which, the sun could not shine on a single freeman in all
your extensive dominions. Be assured, that your unmerited degra
dation has engaged the most unfeigned pity of your sister colonies ;
and we flatter ourselves you will not, by tamely bearing the yoke,
suffer that pity to be supplanted by contempt. When hardy attempts
are made to deprive men of rights, bestowed by the Almighty, when
avenues are cut through the most solemn compacts for the admission
of despotism, when the plighted faith of government ceases to give se
curity to dutiful subjects, and when the insidious stratagems and ma
noeuvres of peace become more teyiUe than the sanguinary opera-

APPENDIX. 483
tions of war, it is high time for them to aSsert those rights, and, with
honest indignation, oppose the torrent of oppression rushing in upon
them. By the introduction of your present form of government, or rather
present form of tyranny, you and your wives and your children are
made slaves. You have nothing that you can call your own, and all
the fruits of your labor and industry may be taken from you, when
ever an avaricious governor and a rapacious council may incline to
demand them. You are liable by their edicts to be transported into
foreign countries to fight battles in which you have no interest, and
to spill your blood in conflicts from which neither honor nor emolu
ment can be derived ; nay, the enjoyment of your very religion, on
the present system, depends on a legislature in which you have no
share, and over which you have no control, and your priests are ex
posed to expulsion, banishment, and ruin, whenever their wealth and
possessions furnish sufficient temptation. They cannot be sure that a
virtuous prince will always fill the throne, and should a wicked or
careless king concur with a wicked ministry in extracting the treas
ure and strength of your country, it is impossible to conceive to what
variety and to what extremes of wretchedness you may, under the
present establishment, be reduced.
We are informed you have already been called upon to waste your
lives in a contest with us. Should you, by complying in this instance,
assent to your new establishment, and a war break out with France
your wealth and your sons may be sent to perish in expeditions against
their islands in the West Indies.
It cannot be presumed that these considerations will have no weight
with you, or that you are so lost to all sense of honor. We can never
believe that the present race of Canadians are so degenerated as to
possess neither the spirit, the gallantry, nor the courage of their an
cestors. You certainly will not permit the infamy and disgrace of
such pusillanimity to rest on your own heads, and the consequences
of it on your children forever.
We, for our parts, are determined to live free, or not at all ; and
are resolved, that posterity shall never reproach us with having
brought slaves into the world.
Permit us again to repeat that we are your friends, not your en
emies, and be not imposed upon by those.who may endeavor to ere-

484 APPENDIX.
ate animosities. The taking of the fort and military stores at Ticon
deroga and Crown Point, and the armed vessels on the lake, was dic
tated by the great law of self-preservation. They were intended to
annoy us, and to cut off that friendly intercourse and communication,
which has hitherto subsisted between you and us. We hope it has,
given you no uneasiness, and you may rely on our assurances, that
these colonies will pursue no measures whatever, but such as friend
ship and a regard for our mutual safety and interest may suggest.
As our concern for your welfare entitles us to your friendship, we
presume you will not, by doing us injury, reduce us to the disagreeable
necessity of treating you as enemies.
We yet entertain hopes of your uniting with us in the defense of
our common liberty, and there is yet reason to believe, that should
we join in imploring the attention of our sovereign, to the unmerited
and unparalleled oppressions of his American subjects, he will at
length be undeceived, and forbid a licentious ministry any longer to
riot in the ruins of the rights of mankind.

NO. 20.
The last Address of the people of America to the King, in 1775.
to the king's most excellent majesty.
Most gracious Sovereign — We your majesty's faithful subjects of the
colonies of New Hampshire, Massachusetts bay, Rhode Island and
Providence plantations, Connecticut, New York, New Jersey, Penn
sylvania, the counties of Newcastle, Kent, and Sussex, on Delaware,
Maryland, Virginia, North Carolina, and South Carolina, in behalf of
ourselves and the inhabitants of these colonies, who have deputed us
to represent them in general congress, entreat your majesty's gra-
eious attention to this our humble petition. The union between our
mother country and these colonies, and the energy of mild and just
government, produced benefits so remarkably important, and afford
ed such an assurance of their permanency and increase, that the won
der and envy of other nations were excited, while they beheld Great
Britain rising to a power the most extraordinary the world had ever
known. Her rivals observing that there was no probability of this happy
connection being broken by civil dissentions, and apprehending it?

APPENDIX. 485
iuture,effects, if left any longer undisturbed, resolved to prevent her
receiving such continual and formidable accessions of wealth and
strength, by checking the growth of those settlements from which
they were to be derived. In the prosecution of this attempt, events
so unfavorable to the design took place, that every friend to the in
terest of Great Britain and these colonies, entertained pleasing and
reasonable expectations of seeing an additional force and exertion
immediately given to the operations ofthe union hitherto experienc
ed, by an enlargement of the dominions of the crown, and the remo
val ot ancient and warlike enemies to a greater distance.
At the conclusion, therefore, of the late war, the most glorious
and advantageous that ever had been carried on by British arms, your
loyal colonists having contributed to its success, by such repeated and
strenuous exertions, as frequently procured them the distinguished
approbation of your majesty, of the late king, and of parliament,
doubted not but that they should be permitted, with the rest of the
empire, to share in the blessings of peace, and the emoluments of
victory and conquest.
While these recent and honorable acknowledgments of their merits
remained on record, in the journals and acts of that august legisla
ture, the parliament ; undefaced by the imputation or even the sus
picion of any offense, they were alarmed by a new system of statutes
and regulations adopted for the administration of the colonies, that
filled their minds with the most painful fears and jealousies, and, to
their inexpressible astonishment, perceived the danger of a foreign
quarrel quickly succeeded by domestic danger, in their judgment, of
a more dreadful kind. Nor were these anxieties alleviated by any
tendency in this system to promote the welfare of their mother
country. For though its effects were more immediately felt by them,
yef its influence appeared to be injurious to the commerce and pros
perity of Great Britain.
We shall decline the ungrateful task of describing the irksome va
riety of artifices, practised bv many of your majesty's ministers ; the
delusive pretences, fruitless terrors,- and unavailing severities, that
have, from time to time, been dealt out by them, in their attempts
, to execute this impolitic plan, cr of tracing, through a series of
years past, the, g«is|iiess of the unhappy differences between Great
Britain and the^iolonies, that have flowed from this fatal source.
Vol. I. 62

486

APPEXDIX.

Your majesty's ministers, persevering in their measures, and pro>
ceeding to open hostilities for enforcing them, have compelled us to
arm in our our own defense, and have engaged us in a controversy
so peculiarly abhorrent to the affections of your still faithful colonists,
that when we consider whom we must oppose in this contest, and if
it continues, what may be the consequences, our own particular mis
fortunes are accounted by us only as parts of our distress.
Knowing to what violent resentments, and incurable animosities,
civil discords are apt to exasperate and inflame the contending parties,
we think ourselves required by indispensable obligations to Almighty
God, to your majesty, to our fellow subjects, and to ourselves, imme
diately to use all the means in our power, not incompatible with our
safety, for stopping the further effusion of blood, and for averting the
impending calamities that threaten the British empire.
Thus called upon to address your majesty on affairs of such moment
to America, and probably to all your dominions, we are earnestly de
sirous of performing this office, with the utmost deference for your
majesty ; and we therefore pray, that your majesty's royal magna
nimity and benevolence may make the most favorable constructions
of our expressions on so uncommon an occasion. Could we repre
sent in their full force, the sentiments that agitate the minds of us
your dutiful subjects, we are persuaded your majesty would ascribe
any seeming deviation from reverence in our language, and even in
our conduct, not to any reprehensible intention, but to the impossibili
ty of reconciling the usual appearances of respect, with a just atten
tion to our own preservation against those artful and cruel enemies,
who abuse your royal confidence and authority, for the purpose of ef
fecting our destruction.
Attached to your majesty's person, family, and government, with
all the devotion that principle and affection can inspire, connected
with Great Britain by the strongest ties that can unite societies, and
deploring every event that tends in any degree to weaken them, we
solemnly assure your majesty, that we not only most ardently desire the
former harmony between her and these colonies may be restored, but
that a concord may be established between them upon so firm a basis
as to perpetuate its blessings, uninterrupted by any future dissensions,
to succeeding generations, in both countries, and to transmit your ma
jesty's name to posterity, adorned with that signal and lasting glory

APPENDIX. 487
that has attended the memory of those illustrious personages, whose
virtues and abilities have extricated stales from dangerous convul
sions, and, by securing happiness to others, have erected the most
noble and durable monuments to their own fame.
We beg leave further to assure your majesty, that notwithstanding
the sufferings of your loyal-colonists, during the course of this pres
ent controversy, our breasts retain too tender a regard for the king
dom from which we derive our origin, to request such a reconcilia
tion as might in any manner be inconsistent with her dignity or her
welfare. These, related as we are to her, honor and duty, as well
as inclination, induce us to support and advance ; and the apprehen
sions that now oppress our hearts with unspeakable grief, being once
removed, your majesty will find your faithful subjects on this conti
nent ready and willing at all times, as they have ever been, with
their lives and fortunes, to assert and maintain the rights and interests
of your majesty, and of our mother country. We, therefore, be
seech your majesty, that your royal authority and influence may be
graciously interposed to procure us relief from our afflicting fears and
jealousies, occasioned by the system before mentioned, and to settle
peace through every part of your dominions, with all humility sub
mitting to your majesty's wise consideration whether it may not be
expedient for facilitating those important purposes, that your majes
ty be pleased to direct some mode, by which the united applications
of your faithful colonists to the throne, in pursuance of their com
mon councils, may be improved into a happy and permanent recon
ciliation ; and that, in the mean time, measures may be taken for
preventing the further destruction of the lives of your majesty's sub
jects; and that such statutes as more immediately distress any of your
majesty's colonies may be repealed. For by such arrangements as
, your majesty's wisdom can form, for collecting the united sense of
your American people, we are convinced your majesty would receive
such satisfactory proofs of the disposition of the colonists towards
their sovereign and parent state, that the wished for opportunity
would soon be restored to them, of evincing the sincerity of their
professions, by every testimony of devotion becoming the mos*t duti
ful subjects and the most affectionate colonists. That your majesty
may enjoy a long and prosperous reign, and that your descendants
may govern your dominions with honor to themselves and happiness
to their subjects, is our sincere prayer.

488 ' APPENDIX.

NO. 21.

Extract from the Charge of the Hon. William Henry Drayton, Chief
Justice of South Carolina, to the grand jury, in April, 1776, on the
subject of independence. In this charge tfre Chief Justice, after stating
the arbitrary conduct of James II, and the declaration of the lords and
commons of England, in convention, that he had broken the original
contract between the king and people, by subverting the constitution,
violating the fundamental laws and by withdrawing himself out, of his
kingdom, proceeds as follows: —
" In the first place then, it is laid down by the best law authorities,
that protection and subjection are reciprocal ; and that these recipro
cal duties form the original contract between king and people. It
therefore follows, that the original contract was broken by James'
conduct as above stated, which amounted to a not affording due pro
tection to his people. And it is as clear, that he violated the funda
mental laws, by the suspending of laws, and the execution of laws ; by
levying money ; by violating the freedom of election of members to
serve in parliament; by keeping a standing army in time of peace ;
and by quartering soldiers contrary to law, and without consent of
parliament ; which is as much as to say, that he did those things with
out consent of the legislative assembly, chosen by the personal election of
that people, over whom such doings were exercised.
These points, reasonings, and conclusions, being settled in, deduced
from, and established upon parliamentary proceedings ; and the best
law authorities ; must ever remain unshaken. I am now to under
take the disagreeable task of examining, whether they will apply to
the violences which have lighted up and now feed the flames of civil
war in America.
James II. suspended the operation of laws — George III. caused the
charter of the Massachusetts bay to be in effect annihilated ; he sus
pended the operation of the law which formed a legislature in New
York, vesting it with adequate powers ; and thereby he caused the
very 'ability of making laws in that colony to be suspended.
King James levied money without the consent of the representa
tives of the people called upon to pay it — King George has levied

APPENDIX. 489
money upon America, not only without, but expressly against the con
sent of the representatives of the people in America.
King James violated the freedom of election of members to serve
in parliament — King George by his representative lord William
Campbell, acting for him and on his behalf, broke through a funda
mental law of the country, for the certain holding of general assem
blies ; and thereby, as far as in him lay, not only violated, but annihi
lated the very ability of holding a general assembly.
King James in time of peace kept a standing army in England, with
out consent of the representatives of the people among whom that
army was kept — King George hath in time of peace, invaded this
continent with a large standing army without the consent, and he
hath kept it within this continent, expressly against the consent of the
representatives of the people, among whom that army is posted.
All which doings by king George III. respecting America, are as
much contrary to our interests and welfare ; as much against law, and
tend as much, at least, to subvert and extirpate the liberties of this
colony, and of America; as the similar proceedings by James II. ope
rated respecting the people of England. For the same principle of
law touching the premises, equally applies to the people of England
in the one case, and to the people of America in the other. And this
is the great principle. Certain acts done, over, and affecting a peo
ple, against and without their consent expressed by themselves, or by rep
resentatives of their own election. Upon this only principle was ground
ed the complaints of the people of England — upon the same, is
grounded the complaints of the people of America. And hence it
clearly follows, that if James II. violated the fundamental laws of
England ; George III. hath also -violated the fundamental laws of
America. Again. King James broke the original contract, by not affording
due protection to his subjects, although he was* not charged with
^having seized their towns, and with having held, them against the
people — or with having laid them in ruins by his arms — or with
having seized their vessels — or with having pursued the people with
fire and sword — or with having declared them rebels, for resisting
his arms levelled to destroy their lives, liberties, and properties —
But George III. hath done all those things against America ; and it is
therefore undeniable, that he hath not afforded due protection to the

490

APPENDIX.

people. Wherefore, if James II. broke the original contract, it is
undeniable, that George III. has also broken the original contract be
tween king and people; and that he made use ofthe most violent
measures by which it could be done — violences, of which James was
guiltless — measures, carrying conflagration, massacre and open war
amidst a people, whose subjection to the king of Great Britain, the
law holds to be due, only as a return for protection. And so tena
cious and clear is the law upon this very principle, lhat it is laid
down, subjection is not due even to a king de jure or of right, unless
he be king de facto or in possession of the executive powers dispens
ing protection.
Again. The third fact charged against James, is, that he withdrew
himself out of the kingdom — And we know that the people of this
country have declared, that lord William Campbell, the king of Great
Britain's representative, " having used his utmost efforts to destroy
the lives, liberties, and properties ofthe good people here, whom by
the duty of his station he was bound to protect, withdrew himself out
of the colony." Hence it will appear, that George III. hath with
drawn himself out of this colony, provided it he established, that
exactly t he same natural consequences resulted from the withdrawing
in each case respectively : king James personally out of England, and
king George out of Carolina by the agency of his substitute and rep
resentative lord William Campbell. By king James' withdrawing, the
executive magistrate was gone, thereby, in the eye of the law, the
executive magistrate was dead, and of consequence royal government
actually ceased in England — so by king George's representative's
withdrawing, the executive magistrate was gone, the death in law
became apparent, and of consequence royal government actually
ceased in this colony. Lord William withdrew as the king's repre
sentative, carrying off the great seal and royal instructions to govern
ors, and acting foi^and on the part of his principal, by every construc
tion of law, that conduct became the conduct of his principal ; and
thus, James II. withdrew out of England ; and George III. withdrew
out of South Carolina ; and by such a conduct respectively the peo
ple in each country were exactly in the same degree injured.
The three facts against king James being thus stated and compared
with similar proceedings by king George, we are 'now to ascertain
the result of the injuries done by the first, and the law upon that

APPENDIX. 491
point; which, being ascertained, must naturally constitute the judg
ment in law, upon the result of the similar injuries done by the last ;
and I am happy that I can give you the best authority upon this im
portant point.
Treating upon this great precedent in constitutional law, the learn
ed judge Blackstone declares, that the result of the facts " amounted
to an abdication of the government, which abdication, did not affect
only the person of the king himself, but also, all his heirs ; and ren
dered the throne absolutely and completely vacant." Thus it clearly
appears, that the government was not abdicated, and the throne va
cated by the resolutions of the lords and commons ; but, that the reso
lution was only declaratory ofthe law of nature and reason, upon the
result of the injuries proceeding from the three combined facts of
mal-administration — And thus, as I have on the foot of the best au
thorities made it evident, that George III. king of Great Britain, has
endeavored to subvert the constitution of this country, by breaking
the original contract between king and people ; by the advice of
wicked persons has violated the fundamental laws ; and has with
drawn himself by withdrawing the constitutional benefits of the kingly
office, and his protection out of this country • from such a result of
injuries, fijpm such a conjuncture of circumstances, the law ofthe land
authoriOTS me to declare, and it is my duty boldly to declare the law,
that George III. king of Great Britain, has abdicated the government,
and that the thi one is thereby vacant ; that is, he has no authority over
vs, and we owe no obedience to him. The British ministers already
have presented a charge of mine to the notice of the lords and com
mons in parliament ; and I am nothing loath that they take equal re
sentment against this charge. For, supported by the fundamental laws
of the constitution ; and engaged as I am in the cause of virtue, I fear
no consequences from their machinations.
Thus having stated the principal causes of our last revolution, it is
as clear as the sun in meridian, that George III. has injured the Amer
icans, at least as grievously as James II. injured the people of Eng
land : but that James did not oppress these in so criminal a manner as
George had oppressed the Americans. Plaving also stated the law on
the case, I am naturally led to point out to you, some of the great
benefits resulting from that revolution.

492 APPENDIX.
In one word then, you have a form of government in every respect
preferable to the mode under the British authority ; and this will
most clearly appear by contrasting the two forms of government.
Under the British authority, governors were sent over to us, who
were utterly unacquainted with our local interests, the genius of the
people, and our laws ; generally, they were but too much disposed to
obey the mandates of an arbitrary minister; and if the governor be
haved ill, we could not by any peaceable means procure redress.
But, under our present happy constitution, our executive magistrate
arises according to the spirit and letter of holy writ — " their Govern
ors shall proceed from the midst of them." Thus, the people have an
opportunity of choosing a man intimately acquainted with their true
interests, their genius, and their laws ; a man perfectly disposed to
defend them against arbitrary ministers ; and to promote the happi
ness of that people from among whom he was elevated ; and by whom,
without the least difficulty, he may be removed and blended in the
common mass.
Again, under the British authority it was in effect declared, that we
had no property ; nay, that we could not possess any ; and that we
had not any of the rights of humanity ; for men who knew us not,
men who had gained in proportion as we lost, arrogated to ihemselves
a right lo bind us in all cases whatsoever ? But, our constitution is calcu
lated to free us from foreign bondage ; to secure to us our property ;
to maintain to us the rights of humanity ; and to defend us and our
posterity, against British authority, aiming to reduce us to the most
abject slavery !
Again, the British authority declared, that we should not erect
slitting-mills, and, to this unjust law we implicitly and respectfully
submitted so long, as with safety to our lives we could yield obedi
ence to such authority — but a resolution of congress now grants a
premium to encourage the construction of such mills. The British
authority discouraged our attempting to manufacture for our own con
sumption — but, the new constitution, by authorizing the disbursement
©f large sums of money by way of loan, or premium, encourages the
making of iron, bar-steel, nail-rods, gun-locks, gun-barrels, sulphur,
nitre, gun-powder, lead, woollens, cottons, linens, paper and salt.
Upon the whole, it has been the policy of the British.authority, to
oblige us to supply our wants at their market, which is the dearest in

APPENDIX. 493
the known world ; and to cramp and confine our trade so as to be
subservient to their commerce, our real interest being ever out of
question. On the other hand, the new constitution is wisely adapted
to enable us to trade with foreign nations, and thereby, to supply our
wants at the cheapest markets in the universe ; to extend our trade
infinitely beyond what it has ever been known ; to encourage manu
factures among us ; and it is peculiarly formed, to promote the hap
piness of the people, from among Tyhom, by virtue' and merit, the
poorest man may arrive at the highest dignity. Oh, Carolinians ! hap
py would you be under this new constitution, if you knew your happy
state. Possessed ofa constitution of government, founded upon so gener
ous, equal and natural a principle, a government expressly calculated
to make the people rich, powerful, virtuous and happy, who can
wish to change it, to return under a royal government ; the vital
principles of which, are the reverse in every particular ! It was my
duty to lay this happy constitution before you, in its genuine light, it
is your duty to understand, to instruct others, and to defend it.
I might heje with propriety quit this truly important subject, but
anxiety for the public weal, compels me yet to detain your attention,
while I make an observation or two, upon one particular part of the
constitution. When all the various attempts to enslave America, by fraud under
guise of law ; by military threats ; by famine ; massacre ; breach of
public faith, and open war: I say, when these things are considered
on the one hand ; and, on the other, the constitution, expressing that
some mode of government should be established, " until an accommo
dation of the unhappy differences between Great Britain and Ameri
ca, can be obtained, an event which, though traduced and treated as
rebels, we still ardently desire : " I say when these two points are
contrasted, can we avoid revering the magnanimity of that great coun
cil of the state, who after such injuries could entertain such a princi
ple. But, the virtuous are ever generous : we do not wish revenge :
we earnestly wish an accommodation of our unhappy disputes with
Great Britain ; for we prefer peace to war. Nay, there may be even
such an accommodation, as excluding every idea of revenue by taxa
tion or duty, or of legislation by act of parliament, m,ay vest the king
of Great Britain with such a limited dominion over us, as may tend,
Vol. I. 63

494 APPENDIX.
bona fide, to promote our true commercial interests, and to secure our
freedom and safety, the only just ends of any dominion. But, while I
declare thus much on the one side, on the other it is my duty also to
declare, that in my opinion, our true commercial interests cannot be
provided for, but by such a material alteration of the British acts of
navigation, as according to the resolve ofthe honorable the continent
al congress, will " secure the commercial advantages of the whole
empire to the toother country, and the commercial benefits of its
respective members." And, that our liberties and safety cannot be
depended upon, if the king of Great Britain should be allowed to hold
our forts and cannon ; or to have authority over a single regiment in
America ; or a single ship of war in our ports. For if he holds our
forts, he may turn them against us, as he did Boston against her proprie
tors : if he acquires our cannon, he will effectually disarm the colony :
if he has a command of troops among us, even if we raise and pay
them, shackles are fixed upon us — witness Ireland and her national army.
The most express act of parliament cannot give us security, for acts
of parliament are as easily repealed as made. Royal proclamations
are not to be depended upon; witness, the disappointments, of the inhab
itants of Quebec and St. Augustine. Even a change of ministry will
not avail us, because notwithstanding the rapid succession of ministers
for which the British court has been famous during the present reign,
yet the same ruinous policy ever continued to prevail against , America.
In short, I think it my duty to declare in the awful seat of justice and
before Almighty God, that in my opinion, the Americans can have no
safety but by the Divine Favor, their own virtue, and their being so
prudent, as not io leave it in the power of the British rulers to injure
them. Indeed the ruinous and deadty injuries received on our side;
and the jealousies entertained, and which, in the nature of things,
must daily increase against us on the other; demonstrate to a mind,
in the least given to reflection upon the rise and fall of empires, that
true reconcilement never can exist between Great Britain and Amer
ica, the latter being in subjection to the former. The Almighty cre
ated America to be independent of Britain : let us beware of the
impiety of being backward to act as instruments in the Almighty
Hand, now extended to accomplish his purpose ; and by the comple
tion of which alone, America, in the nature of human affairs, can be
secure against the craft and insidious designs of her enemies who think

APPENDIX. 495
her prosperity and power already by far too great. In a word, our
piety and political safety are so blended, that to refuse our labors in
this divine work, is to refuse to be a great, a free, a pious and a
happy people !
And now having left this important alternative, political happiness
or wretchedness, under God, in a great degree in your own hands ; I
pray the supreme Arbiter of the affairs of men, so to direct your
judgment, as that you may act agreeable to what seems to be his will,
revealed in his miraculous works in behalf of America, bleeding at
the altar of liberty !

NO. 22.
Resolves of Congress granting Letters of Marque and Reprisal, March
23d, 1776.
Whereas the petitions of the united colonies to the king, for the
redress of great and manifold grievances, have not only been rejected,
but treated with scorn and contempt, and the opposition to designs evi
dently formed to reduce them to a state of servile subjection, and their
necessary defense against hostile forces actually employed to subdue
them, declared rebellion; and whereas an unjust war hath been com.
menced against them, which the commanders of the British fleets and
armies have prosecuted, and still continue to prosecute, with their ut
most vigor ; and, in a cruel manner, wasting, spoiling, and destroying
the country, burning houses and defenseless towns, and exposing the
helpless inhabitants to every misery, from the inclemency of the win
ter ; and not only urging savages to invade the country, but instigating
negroes to murder their masters ; and whereas the parliament of Great
Britain hath lately passed an act, affirming these colonies to be in
open rebellion, forbidding all trade and commerce with the inhabit
ants thereof, until they shall accept pardons, and submit to despotic
rule, declaring their property, wherever found upon the water, lia
ble to seizure and confiscation, and enacting, that what had been done
there, by virtue of the royal authority, were just and lawful acts, and
shall be so deemed ; from all which it is manifest, that the iniquitous
scheme, concerted to deprive them of the liberty they have a right to
by the laws of nature and the English constitution, will be pertina
ciously pursued : it being therefore necessary to provide for their de-

496 APPENDIX.
fense and security, and justifiable to make reprisals upon their ene
mies, and otherwise to annoy them, according to the laws and usages
of nations, the congress, trusting that such of their friends in Great
Britain, (of whom it is confessed there are many entitled to applause
and gratitude for their patriotism and benevolence, and in whose fa
vor a discrimination of property cannot be made,) as shall suffer by
captures, will impute it to the authors of our common calamities, do
declare and resolve, as followeth, to wit : —
Resolved, That the inhabitants of these colonies be permitted to
fit out armed vessels to cruise on the enemies of these United Colo
nies. Resolved, That all ships and other vessels, their tackle, apparel,
and furniture, and all goods, wares, and merchandizes, belonging to
any inhabitant or inhabitants of Great Britain, taken on the high seas,
or between high and low water mark, by any armed vessel, fitted out
by any private person or persons, and to whom commissions shall be
granted, and being libelled and prosecuted in any court erected for the
trial of maritime affairs, in any of these colonies, shall be deemed and
adjudged to be lawful prize ; and after deducting and paying the wages
which the seamen and mariners on board of such captures, as are mer
chant ships and vessels, shall be entitled to, according to the terms of
their contracts, until the time of the adjudication, shall be condemned
to and for the use of the owner or owners, and the officers, marines,
and mariners of such armed vessel, according to such rules and pro
portions as they shall agree on : provided always, that this resolution
shall not extend to any vessel bringing settlers, arms, ammunition, or
warlike stores to and for the use of these colonies, or any of the in
habitants thereof, who are friends to the American cause, or to such
warlike stores, or to the effects of such settlers.
Resolved, That all ships or vessels, with their tackle, apparel, and
furniture, goods, wares, and merchandizes, belonging to any inhabit
ant of Great Britain as aforesaid, which shall be taken by any ofthe
vessels of war of these United Colonies, shall be deemed forfeited ;
one third, after deducting and paying the wages of seamen and ma
rines as aforesaid, to the officers and men on board, and two thirds to
the use of the United Colonies.
Resolved, That all ships or vessels, with their tackle, apparel, and
furniture, goods, wares, and merchandizes, belonging to any inhabit- -

APPENDIX. 497
ants of Great Britain as aforesaid, which shall be taken by any vessel
of war fitted out by and at the expense of any of the United Colonies,
shall be deemed forfeited, and divided, after deducting and paying the
wages of seamen and mariners as aforesaid, in such manner and pro
portions as the assembly or convention of such colony shall direct.
Resolved, That all vessels, with their tackle, apparel, and furni
ture, and cargoes, belonging to the inhabitants of Great Britain, as
aforesaid, and all vessels which may be employed in carrying supplies
to the ministerial armies, which shall happen to be taken near the
shores of any of these colonies, by the people of the country, or de
tachments from the army, shall be deemed lawful prize ; and the
court of admiralty within the said colony is required on condemnation
thereof, to adjudge that all charges and expenses which may attend
the capture and trial, be first paid out of the monies arising from the
sales of the prize, and the remainder equally among all those, who
shall have been actually engaged and employed in taking the said
prize. Provided, that where any detachments of the army shall have
been employed as aforesaid, their part of the prize money shall be
distributed among them in proportion to the pay of the officers and
soldiers so employed.
Resolved, That a committee of five be appointed to consider of the
fortifying one or more porls on the American coast, in the strongest
manner, for the protection of our cruisers, and the reception of their
prizes ; that they take the opinion of the best engineers on the man
ner and expense, and report thereon to congress.

NO. 23.
Instructions for the Hon. Silas Deane, agent for the thirteen United Col
onies, March 2d, 1776,fromihe secret committee of Congress.
On your arrival in France, you will for some time be engaged in
the business of providing goods for the Indian trade. This will give
good countenance to your appearing in the character of a merchant,
which we wish you continually to retain among the French, in gen
eral, it being probable that the court of France may not like it should
be known publicly, that any agent from the colonies, is in that coun
try. When you come to Paris, by delivering Dr. Franklin's letters to
Monsieur La Roy at the Louvre and Mr. Dubourg, you will be intro-

493 APPENDIX,
duced to a set of acquaintance, all friends to the Americans. By con
versing with them, you will have a good opportunity of acquiring
Parisian French, and you will find in Mr. Dubourg, a man prudent,
faithful, secret, intelligent in affairs, and capable of giving you very
sage advice. It is scarce necessary to pretend any other business at
Paris, than the gratifying of that curiosity, which draws numbers
thither yearly, merely to see so famous a city. With the assistance
of Monsieur Dubourg, who understands English, you will be able to
make immediate application to Monsieur de Vergennes, minister des
affaires etrangeres, either personally or by letter, if Mr. Dubourg adopts
that method, acquainting him that you are in France upon business of
the American congress, in tbe character of a merchant, having some-.
thing to communicate to him, that may be mutually beneficial to France
and the North American colonies ; that you request an audience of
him, and that he would be pleased to appoint the time and place. At
this audience if agreed to, it may be well to show him first your letter
of credence, and then acquaint him that the congress finding, that in
the common course of commerce, it was not practicable to furnish the
continent of America with the quantity of arms and ammunition, ne
cessary for its defense, (the ministry of Great Britain having been ex
tremely industrious to prevent it,) you had been despatched by their
authority to apply to some European power for a supply. That
France had been pitched on for the first application, from an opinion.
that if we should, as there is a great appearance we shall, come to a
total separation from Great Britain, France would be looked upon as
the power, whose friendship it would be fittest for us to obtain and
cultivate. That the commercial advantages Britain had enjoyed with
the colonies, had contributed greatly to her late wealth, and import
ance. That it is likely great part of our commerce will naturally fall
to the share of France ; especially if she favors us in this application,
as that will be a means of gaining and securing the friendship of the
colonies : and that as our trade was rapidly increasing with our increase
of people, and in a greater proportion, her part of it will be extreme
ly valuable. That the supply we at present want, is clothing and
arms for twenty-five thousand men with a suitable quantity of ammu
nition and one hundred field pieces. That we mean to pay for the
same by remittances to France or through Spain, Portugal, or the
French Islands, as soon as our navigation can be protected by ourselves

APPENDIX. 499
or friends : and that we besides want great quantities of linens and
woolens, with other articles for the Indian trade, which you are now
actually purchasing, and for which you ask no credit, and that the
whole, if France should grant the other supplies, would make a cargo
which it might be well to secure by a convoy of two or three ships of
war. If you should find Mr. de Vergennes reserved and not inclined
to enter into free conversation with you, it may be well to shorten
your visit, request him to consider what you have proposed, acquaint
him with your place of lodging, that you may yet, stay sometime at
Paris, and that knowing how precious his time is, you do not presume
to ask another audience, but that if he should have any commands for
you, you will upon the least notice immediately wait upon him. If,
at a future conference he should be more free, and you find a disposi
tion to favor the colonies, it may be proper to acquaint him, that they
must necessarily be anxious to know the disposition of France, on cer
tain points, which, with his permission, you would mention, such as
whether if the colonies should be forced to form themselves into an
independent state, France would probably acknowledge them as such,
receive their ambassadors, enter into any treaty or alliance with them,
for commerce or defense, or both ? If so, on what principal condi
tions ? Intimating that you shall speedily have an opportunity of send
ing to America, if you do not immediately return, and that he may be
assured of your fidelity and secrecy in transmitting, carefully any thing
he would wish conveyed to the congress on that subject. xIn subsequent
conversations, you may as you find it convenient, enlarge on these to
pics, that have been the subjects of our conferences with you, to
which you may occasionally add the well known substantial answers,
we usually give to the several calumnies thrown out against us. If
these supplies on the credit of the congress, should be refused, you
are then to endeavor the obtaining a permission of purchasing those
articles, or as much of them, as you can find credit for. You will keep
a daily journal of all your material transactions, and particularly of
what passes in your conversations with great personages — and you
will by every safe opportunity, furnish us with such information as
may be important. When your business in France admits of it, it may
be well to go into Holland and visit our agent there, Mr. Dumas,
conferring with him on subjects that may promote our interests, and
on the means of communication.

500 APPENDIX.
You will endeavor to procure a meeting with Mr. Bancroft by writing
a letter to him, under cover to Mr. Griffiths, at Turnham Green near-Lon
don, and desiring him to come over to you, in France, or Holland, on the
score of old acquaintance. From him you may obtain a good deal of infor
mation of what is now going forward in England, and settle a mode of
continuing a correspondence. It may be well to remit him a small
bill to defray his expenses, on coming to you, and avoid all political
matters in your letter to him. You will also endeavor to correspond
with Arthur Lee, Esq., agent of the colonies in London. 5Tou will
endeavor to obtain acquaintance with Mr. Garnier, late Charge des
affaires de France en Angleterre, if now in France, or if returned to
England, a correspondence with him, as a person extremely intelli
gent and friendly to our cause. From him, you may learn many par
ticulars occasionally, that will be useful to us.
Dated at Philadelphia, this 2d day of March, 1 776.
B. Franklin.
Benj. Harrison.
John Dickerson.
Rob't. Morris.
John Jay.

NO. 24.
Copy of Silas Deane's first letter to the Secret Committee of Congress, af
ter his arrival at Paris, in July, 1776. The original, dated August
18th, 1776, was sent by Mr. McCreary, with orders to sink it, in case
qfhis capture. Mr. McCreary was taken off the capes qf Delaware,
and this letter with other despatches were sunk. As this communica
tion contains ihe only detailed account of the first reception of an Amer
ican Agent at the Court of France, we presume it will not be unaccept
able.
I wrote you every material occurrence to the time of my leaving
Bordeaux, and sent duplicates by Capts. Palmer, Bunker, and Seaver,
one of which you will undoubtedly have received, before this comes
to hand. I left that city on the last of June, and arrived here the Sat
urday following, having carefully attended to every thing in the man
ufacturing or commercial towns in my way, which, indeed, are nei
ther numerous nor of great consequence. I spent at Angouleme a

APPENDIX. 501
tlay, in viewing what, as to manufactures alone, deserves attention on
the journey, — the foundry for cannon, where the greatest part of
those used in the kingdom are manufactured ; the cannon are cast so-
id, after which they are put as in a turner's lathe, aud bored out, and
the outside smoothed and turned at pleasure — they can bore and com
plete a twelve pounder in one day in each lathe, which takes four
men only to work — the workmen freely showed me every part of-
their furnace and foundry. On Monday after my arrival, I waited
on my bankers, and found that Mr. Bancroft had arrived the same day
with me, Mr. Thomas Morris and Mr. Venzonals about ten days before.
I waited on Mons. Dubourg and delivered him Dr. Franklin's letter,
which gave the good gentleman the most sincere and real pleasure.
Mons. Penet, on his arrival in Paris, waited on Mons. Dubourg,
showed him a copy of his contract with the committee of congress,
and told him he had letters from Dr. Franklin to him, but had left
them on the road or at Rotterdam, through fear of a search ; he told
Dr. Dubourg, to whom he was a perfect stranger, so many particular
circumstances, that he could not doubt of his sincerity, and in conse
quence he embarked in his affairs, to a large amount. Five or six
weeks had now passed without the arrival of the letters, said to be
left on the road. Arms, powder, &c, to a large sum were in readi
ness, when my arrival gave him confidence, that I would take the
burden off him, as he doubted not that my credentials would be expli
cit. I saw immediately the arrangement of the whole, and that Mons.
Penet had returned to France, (copy of the contract excepted,) al
most as empty handed, as he came to Philadelphia, yet had found means '
to collect a very considerable quantity of stores, part of which he had
actually shipped. This circumstance gave me hopes, yet I found that
it would now be expected, I should become responsible for the arti
cles, which embarrassed me much, since to detain them would be quite
disagreeable, and to step out of my own line and involve myself with
Messrs. Plairne and Penet's contract, would be equally so. Mons.
Penet had somehow got intelligence of my being in France, and that
I was expected at Paris, he, therefore, waited for me, and I saw him
the next day at my hotel, when he complained of want of remittances,
and desired me to pledge my credit for the stores, which I waived
in the best manner I could, for I saw the consequences might involve
me in many difficulties, and frustrate my greater designs. I, there-
Vol. I. 6 4

502 APPENDIX.
fore, told him I would certify to the merchants, if necessary, that the
congress would pay for whatever stores they would credit them with,
and in the mean time, advised him to proceed strictly agreeable to
the letter of the contract, and I was positive the congress would fulfil
their part of it. I finally satisfied both him and Mons. Dubourg, and
he parted for Nanzts to ship the goods, the next day. I must do him the
justice that is his due, he has been indefatigable in the business, his
heart seems to be entirely in it, and I believe him honest, but his con
nections either commercial or political are not, of themselves, equal
to such an undertaking, but the cause he Was employed in, had, in a^
great measure, I found, supplied this deficiency, which was to me a
favorable appearance. Mons. Dubourg told me that the minister
would not see me, as they meant to be quite secret in any countenance
they gave the United Colonies, and that my arrival in France was al
ready known in London, in consequence of which lord Stormont arriv
ed express but a few days before, and had applied to the court on the
subject. I showed him my commission, and told him I was determin
ed to apply ; for every circumstance, in my opinion, was favorable in
stead of otherwise. On this he wrote a letter to count de Vergennes,
asking liberty to introduce^me the Thursday following, on which day
I went to Versailles, and though the letter had not been delivered his
excellency, yet he gave us immediate admission. Fortunately his chief
secretary spoke English well, by which means, I had an opportunity
of conversing freely with him on the subject of my commission for
two hours, and was attentively and favorably heard by him, was ask
ed many questions which shows, that the American disputes had been,
and still were a principal object of attention. I pursued nearly the
line marked out by my instructions, stating the importance of the
American commerce, the advantages Great Britain had received from
a monopoly of it. That all intercourse ceasing between the two .
countries, the colonies had considered where they might dispose of
that produce, which they necessarily had so large a surplus of, and
receive for their raw or first materials, the various manufactures they
wanted. That they first turned their eyes on France, as the best
country in Europe for them to be connected with in commerce. That
I was purchasing a large quantity of manufactures for which I expect
ed to pay the money, and that I should want a quantity of military
stores, for which remittances would be made. That I doubted not,

APPENDIX, 503
the colonies had before this, declared independency, and that I should
soon receive instructions in consequence, more full and explicit ; in
the mean time, they were very anxious lo know how such a declara
tion would be received by the powers in Europe, particularly by
France, and whether, in such case, an ambassador would be received
from them, &c, to which he replied that the importance of the Ameri
can commerce was well known, and that no country could so well sup
ply the colonies, and in return receive their produce as France ; it
was, therefore, the interest of both, to have the most free and unin
terrupted intercourse, for which reason the court had ordered their
ports to be kept open, and equally free to America, as to Britain.
That, considering the good understanding between the two courts
of Versailles and London, they could not openly encourage the ship
ping of warlike stores, but no obstruction of any kind would be given ;
if there should, as the custom houses were not fully in their secrets
in this matter, such obstruction should be removed, on the first appli
cation. That I must consider myself perfectly free to carry on any
kind of commerce in the kingdom, which any subject of any other
state in the world might, as the court had resolved their ports should
he equally free to both parties.
That I was under his immediate protection, and should I meet with
any difficulty, either from their police, with the rules of which he sup
posed me unacquainted, or from any other quarter, I had but to apply
to him and every thing should be settled.
That as to independency, it was an event in the womb of time, and
it would be* highly improper for him to say any thing on that subject,
until it had actually taken place ; meantime he informed me, that the
British ambassador knew of my arrival, and therefore, advised me not
to associate with Englishmen, more than I was from necessity oblig
ed, as he doubted not, I should have many spies on my conduct. I
then told him the precautions I had taken and should persevere in, in
coming from Bermuda, and that I did not mean, in public to pass for
other than a merchant from that island on speculation, during the
present cessation of commerce in America ; but at the same time
told his excellency, that I was well assured it was known in Lon
don, that I was coming long before I arrived at Paris, and I doubt
ed not, they conjectured my errand, but at the same time, should
take every precaution in my power ; and most sincerely thanked

504 APPENDIX.
him for his protection and assistance so generously offered, which
he might depend I would never abuse. He was pleased with my
having come by Bermuda, and passing as an inhabitant of that is
land, and said, if questioned, he could speak of me in that char
acter. He then asked me many questions with respect to the col
onies, but what he seemed most to want to be assured of, was their
ability to subsist without their fisheries, and under the interrup
tion of their commerce. To this I replied, in this manner, that
the fisheries were never carried on, but by a part of the col
onies, and by them, not so much as a means of subsistence, as of
commerce. That the fishery failing, those formerly employed in
them, turned part to agriculture, and part to the army and navy.
That our commerce must for sometime, be in a great measure sus
pended, but that the greater part of our importations were far from
being necessaries of life, consequently we should not suffer under
the want of them, whilst it was not wealth or luxuries that we were
contending for. That our commerce ceasing, it would be out of the
power of our enemies to support themselves on our plunder, and on
the other hand, our ships, as privateers might harass their commerce,
without a possibility of their retaliating. That I hoped to see a
considerable marine force in the colonies, and that joined to
the impossibility of Britain's guarding so extensive a coast, would
preserve some of our commerce, until it should be thought an object
deserving the protection of other powers. After many questions on this-
subject, he put this, in which I thought he seemed interested, wheth
er, if the colonies declare an independency, they woulcf not differ
among themselves. To this I replied, that the greatest harmony had
as yet subsisted, and I had no grounds to doubt it in future, that the
common danger, which first drove them into measures, which must
end in such a declaration, would still subsist, and that alone was suffi
cient to ensure their union. He then desired me to give his secretary
my address, and said, though he should be glad to see me often, yet
as matters were circumstanced, his house was too public a place, but
that I might put the same confidence in his secretary as himself, to
whom I might apply for advice and direction, but that whenever any
thing of importance occurred, I need but inform him, and he would
see me — but on common occasions, I must address the secretary, which
would be every way more convenient as he understood the English
language well, and was a person, in whom the greatest confidence

APPENDIX. 505
could be placed. Having settled the mode of intercourse, I expressed
the sense I had of his excellency's politeness, and the generous pro
tection he had given me, and on parting said, if my commission or
the mode of introducing the subject were out of the usual course, I
must rely on his goodness to make allowances for a new formed peo
ple, in circumstances altogether unprecedented, and for their agent
wholly unacquainted with courts. To which he replied, that the
people and their cause were very respectable in the eyes of all disin
terested persons, and that the interview had been agreeable.
After this I returned to Paris with M. Dubourg, whose zeal for the
American cause led him to draw the most favorable consequences from
this beginning. The next day while from home, was informed that
count Laureguais had inquired out my lodgings, immediately after
which he asked leave to go for England, which was refused him by
the court. The same day was informed, that Sir Hans Stanley and
Sir Charles Jenkinson, who I knew were at Bordeaux, when I left it,
were in France, for the sole purpose of inquiring what agents were
here from the colonies, and what commerce, or other negotiation,
between them and the colonies, was carrying on. This alarmed my
friends, and as I had agreed for other lodgings, to which I was, next
day to remove, M. Dubourg advised me to secrete both my lodgings
and name. I told him that the count Laureguai's conduct appeared
mysterious, yet I could never think of keeping myself secret, for
though I should not seek these gentlemen, nor throw myself purpose
ly in their way, yet I must think it an ill compliment to count Ver
gennes, to suppose after what had passed, that \ was not on as good
and safe footing in France, as they or any other gentlemen could be.
However his uneasiness made him write to the count, what he had,
advised, who returned for answer, that such a step was both unnecessa
ry and impolitic, as it would only strengthen suspicion by giving every
thing an air of mystery, while there was not the least occasion for it.
The next day I had a fresh conference with M. Dubourg, who brought
me a number of memorials from officers and engineers offering their
services in America ; some of whom, I believe, deserve the utmost
encouragement, but more of this hereafter. While I was casting in my
mind, how best to improve the present favorable crisis for supplying
the colonies, Monsieur Beaumarchais made proposals, for procuring
whatever should be wanted, but in such a manner as was understood

' 506 APPENDIX.
by Mv Dubourg to amount to a monopoly, which indeed, was not his
only objection, for Monsieur Beaumarchais, though confessedly a man
of abilities, had always been a man of pleasure and never of business ;
but as he was recommended by count Vergennes, M. Dubourg could
not avoid noticing him, but immediately expostulated with the coynt in
a letter, which brought on embarrassments no way favorable, and I
saw that M. Dubourg was so far from sounding the views of his supe
riors in this manoeuvre, that he was, with the best intentions in the
world, in danger of counteracting his own wishes, the extent of which
were, to obtain the supplies of merchants and manufacturers on the
credit of the colonies, in which the strictest punctuality and most
scrupulous exactness would be necessary, and which under the pre
sent difficulties of remittance, I feared would not be lived up to, and
as I had learned that in the late reform ofthe French army, they had
shifted their arms, for those ofa lighter kind, the heavy ones, most of
which were the same as new, to the amount of seventy or eighty
thousands, lay useless in magazines, with other military stores, in some
such proportion, I apprehended it no way impossible to come at a
supply from hence, through the agency of some merchant, without the
ministry being concerned in the matter. In such case the merchant
would be accountable to the ministry, and the colonies to the mer
chant, by which means a greater time of payment might be given,
and more allowance in case of our being disappointed. With this in
view I went to Versailles, on Wednesday the 17th, and waited on Mr.
Gerard, first secretary of foreign affairs, and presented to him the
inclosed memorial No. 1, which led to a very particular conversation
on the affairs of America, and which I turned finally on this subject,
to which he would not then give me any immediate answer, but prom
ised me one, in a day or two ; returning to town, I found Messrs.
Dubourg and Beaumarchais, had a misunderstanding, the latter giving
out that he could effect every thing we wished for, and the former,
from the known circumstances of M. Beaumarchais, and his known
carelessness in money matters, suspecting he could procure nothing,
and the more so, as he promised so largely. They parted much dis
pleased with each other, and Monsieur Beaumarchais went directly
to Versailles. On M. Dubourg's coming and informing me what had
passed, I immediately wrote to Mons. Gerard the inclosed letter No.
2, and in return was desired to come with M. Dubourg, the next
morning to Versailles.

APPENDIX. 507
We went as desired, and after explaining many things to Mr. Ge
rard, had a conference with his excellency, from whom I had fresh
assurances ofthe utmost freedom and protection in their ports and on
their coasts : that in one word, J might rely on whatever Mons. Beau
marchais should engage in the commercial way cf supplies, which, indeed,
was all I wished for, as I was on the safe side of the question, viz. on
the receiving part. I communicated to his excellency, that clause of
my instructions for procuring arms, &c. of which he asked a copy. I
then informed him, that I considered the present as a most critical
juncture of American affairs, that the campaign would undoubtedly
be carried far into the winter, that supplies now shipped might arrive
very seasonably in the fall to enable the colonies to holdout the pre
sent campaign : he replied that no delay should be made by any ob
struction of any officer, or others of the customs or police. He then
told me, that the count Laureguais was, perhaps, a well meaning man,
but not sufficiently discreet for such purposes as this : that Mr. Lee,
meaning Arthur Lee, Esq. of London, had confided, he feared, too
much in him, and wished me to caution him on the subject, and that
if I would write to him, he would enclose it in a letter of his, by a
courier that evening. I most readily embraced this safe way of corres
ponding, and sent a letter I had before wrote, with an addition on this
subject, a copy of which is enclosed. I have thus given you the
heads of my negotiation to this time, July 20th, and will not take up
your time in making remarks on it, and the prospect before me,
which are obvious ; but inform you of the plan I mean "to pursue, in
the execution of my commission, and hint some methods, by which I
think I may be enabled to complete every part_of it to your satisfac
tion, and the relief of my country, which is all my wish, and the ex
tent of my most ambitious hopes. I go on the supposition of an actu
al unconditional independency, without which, little can be effected
publicly ; with it, almost every thing we can wish for.
It is by no means probable, that Europe will long remain in a state
of peace ; the disputes between Portugal and Spain are on the point
of producing an open rupture, the former relies on England ; the lat
ter will look to this kingdom, and has already applied to this court on
the subject. Nothing but the division of Poland, has taken the king
of Prussia's attention off from the injustice done him by Great Britain,
at the close ofthe last war. He has now completed his part of that

508 APPENDIX.
extraordinary work, and 1 am well informed, listens with pleasure to
the dispute between the united colonies and Great Britain. He is
ambitious of becoming a maritime power, and is already in possession
of the capital port on the Baltic ; but without commerce it is impossi
ble to effect the design, and no commerce can put him so directly in
the road as the American. The consumption of coffee, Sugar, and
other West India productions, increases fast in the north of Europe,
and it must be his interest, at least, to supply his own dominions. In
case ofa war in Europe, France, Spain and Prussia might be brought
into one interest, and the emperor of Germany is too closely connected
with his majesty of France to take part against them, after which
Great Britain, having her whole force employed in America, there
could be nothing on the one hand to prevent Spain and France from
reducing Portugal to a submission to the former, nor from Prussia and
France subduing and incorporating into their own dominions, Han
over and the other little mercenary electorates, which lie between
them, and which for several centuries have been one principal cause
of every war that has happened in Europe.
With respect to Russia, it is as closely allied to Prussia, as to Great
Britain, and may be expected to be master in the contest. Denmark
and Sweden are a balance for each other, and opposites ; not to en
large on this plan at present, I have only to suggest, that an applica
tion to the king of Prussia will do no harm, and may be attended with
good and great consequences ; the Prussian ambassador at this court
and that at London may be sounded on the subject. But my powers and
instructions are so limited, that I can, by no means, take such a step ;
yet when I see Great Britain exerting her whole force, and that of
her allies, and courting every power in Europe to aid her, I can but
wish she may be counteracted in her own system, and by having em
ploy found her in Europe, bring her to leave America in peace, and
think myself bound in duty to hint at, to me the most probable means.
Dr. Bancroft was full with me in this opinion ; Mons. Chaumont a
very wealthy person, and intendant for providing clothes, &c. &c. for
the French army, has offered me a credit, on account of the colonies
to the amount of one million of livres, which I have accepted. I have
in treaty another credit, which joined to this will purchase the ar
ticles directed in my instructions ; the credit will be until May next,
before which I hope remittances will be made. I have purchased of

APPENDIX.

509

said M. Chaumont a quantity of salt-petre at ten sous, or five and one
fourth per cent, in order that captain Morgan might not return empty.
As soon as I have given the orders for despatching him and settled
some other matters here, I design for Dunkirk to ship the Indian
goods, which I hope may arrive in season for the winter supply,
though I leave you to consider my situation with only about 6 or
7000 pounds to complete a contract of forty, and the bills for my pri
vate expenses being protested, obliged to support myself out of that
capital, which I labor to do with all the economy in my power. Dr.
Bancroft is returned to London, and by him I wrote to Mons. Gamier
and agreed on a mode of correspondence. I think your remittances
in armed vessels, will be much the best method, and I have ordered
captain Morgan's sloop to be armed, and should she- arrive safe, re
commend him, as One I am confident will serve the colonies with great
zeal and fidelity ; and I have had some experience ofthe goodness of
his temper and his abilities. Mr. Seymour his mate is, also, deserving
of encouragement, as a good seaman and of undaunted resolution. I
am not without hopes of obtaining liberty for the armed vessels of
the united colonies to dispose of their prizes in the ports of this king
dom, and also for arming and fitting out vessels of war directly from
hence, but I will not venture on this, until I see what effect my last
memoir may have ; the substance of which is, to shew the danger to
France and Spain, if they permit Great Britain to keep so enormous
a force in America, and to recover the dominion of the colonies ; also,
how fully it is in their power to prevent it, and by that means de
prive Great Britain of the principal source of her wealth and force,
even without hazarding a war of any consequence, in point of danger.
This memoir, which takes several sheets, I am unable to send you a
a copy of, as I have no one to assist me, and must make out several
copies for the persons to whom they are to be delivered. I was di
rected to apply for arms and clothes for 25,000 men, and for 100 field
pieces, with ammunition and stores in proportion. This I wished to
get of the ministry direct, but they evaded it, and I am now in treaty
for procuring them, through the agency of Mons. Chaumont and Mons.
Beaumarchais, on a credit of eight months from the time of their de
livery. If I effect this, as I undoubtedly shall, I must rely on the re
mittances being made this fall and winter without fail, or the credit
of the colonies must suffer. If I can get the arms out ofthe maga^
Vol. I. 65

510 APPENDIX.
zines and the field pieces here, hope for a much longer credit, bui
if we send to Sweden for the brass cannon, the credit will not be
lengthened beyond that. Some new improvements have lately been
made, in this branch, consequently the cannon now manufactured will
be preferable to those of former construction. Some engineers here
assert, that iron is preferable to brass, that is, wrought iron, out of
which the pieces may be made lighter, and to better purpose ; con
sidering the want of these pieces and the plenty of iron in America,
the experiment might, I think, be made without delay. I am still
in hopes of procuring an admission of the article of tobacco directly
from America, but the farmers general will not offer equivalent to
the risk. Without intelligence from April to this time, leaves me
quite uncertain and extremely anxious about the line of conduct now
pursuing by congress, and consequently cannot, without further intel
ligence and instructions, proceed in my negociation either with safe
ty or honor. The resolution of congress of the 15th of May, is not
considered by the ministry, as a declaration of independence, but only
a previous step, and until this decisive step is taken, I can do little
more to any purpose ; this taken, I dare pledge myself, the united
colonies may obtain all the countenance and assistance they wish for,
in the most open and public manner, and the most unlimited credit
with the merchants of this kingdom ; 1 must, therefore, urge this
measure, if not already taken, and that the declaration be in the most
full and explicit terms.
Merchants here would speculate deeply in the American trade,
could they be insured, at any premium, within bounds. 1 wish to know
if offices are already open, and would suggest, that if the congress
would take the insurance under their own direction, it would give it
such a proportionably greater credit, that supplies would most cer
tainly be obtained in plenty. I shall be able to procure a private in
terview with the Spanish ambassador, and shall present him my me
morial, and am in a train, which, I think, will carry it quite to the
fountain head.
Thus I have, in a minute, possibly a tedious detail, mentioned
every thing material on my mind, which has occurred since my arri
val, and submit the whole to the wisdom and candor of the honorable
congress, observing, that I had gone to the extent of my instructions,
and though 1 have been successful beyond my expectations, yet I
have but been laboring principally o set certain great wheels 'in md-

APPENDIX.

511

tion, which still want something more decisive on my part, and I am
Confident is all that is wanting to set them in so effectual moving, as
to roll the burthen and calamities of war, from our doors, back with
aggravated ruin on the accursed authors,1, which, if I can be the means
of effecting, the world may bestow the rest of its honors on whom it
pleases, I shall be contented, the extent of my most ambitious hopes
thus accomplished. I have now to urge a survey with respect to the
contents of this letter; more that is said in congress transpires and
crosses the Atlantic, than you conceive of; more than I can account
for, without having uncharitable thoughts of individuals, still without
fixing them on any one. I have wrote a short letter to Mr. Jay on
common affairs and have enclosed one to Mons. Longueville, which
pray may be forwarded, the letter is from his friends here, who have
heard of his being a prisoner somewhere in America. Mons. Du
bourg has continued to render me every assistance in his power, to
be particular would swell this letter beyond all bounds ; his abilities
and connections are of the first stile in this kingdom, and his zeal for
the cause of the united colonies is to be described only by saying, that
at times it is in danger of urging him beyond both ; in short, I am every
way deeply indebted to him, personally for bringing me acquainted
with agreeable persons of rank and character, and on account of my
honored constituents, for assisting me to make such a favorable begin
ning and progress in my business. I know not how affluent he may
be, but as he has really for sometime devoted himself to assist in this
negociation, I am confident something honorable will be thought of for
him. I have complimented him by asking of him his portrait lo be
sent to his and my friends in America, in my private capacity, men
tioning our mutual friend Dr. Franklin. This I found so agreeable
that I am confident some such distinction would be more acceptable
than more lucrative rewards. Dr. B. took pains to collect all the
political publications of the last year for me and brought them with
him ; he was at considerable expense in his journey, I sent him from
Bordeaux a bill of £30 and paid his expenses, in my lodgings here ; at
parting I desired him to keep an account, and when the money was
expended inform me. This gentleman is certainly Capable of giving
as good, if not the best intelligence of any man in Great Britain, and
as he is closely connected with the most respectable of the minor
ity in both houses, not particularly obnoxious to the majority, and

512 APPENDIX.
for his abilities they are too well known to Dr. Franklin to need any
attempt to do them justice in a letter. I am with the highest esteem
and respect for the honorable congress and their committee of secret
correspondence, Sic. SILAS DEANE.
August 1st. — Since writing the foregoing have again been at * *
and am of opinion, that a war between Portugal and Spain is at the
door, have had an interview proposed with the ambassador of Portu
gal, who resides here on commercial affairs, which have most readily
embraced, and expect to see him again on Wednesday next, after
which will write you further ; his proposals are merely commercial,
as is his station, but something else may be investigated.
August 2nd. — I should have sent this off earlier, hut delayed on
account of hearing something more directly ; if I might depend on
certain articles for which I was in treaty, I am now assured I may,
and the whole will be ready to ship in all the month of October. My
next labor will be to obtain a convoy, which I do not despair of,
though it is a delicate question, and I have only sounded at a distance,
yet I have no doubt of obtaining one, at least off the coast of Europe,
and the articles will be shipped as for the West India islands. I pro
pose arming and well manning the vessels in which these articles
shall be embarked, and I advise again the sending all remittances to
Europe in armed vessels, the probability of meeting with English
merchants is well worth the risk. I hope that it will be considered
that 100 field pieces, and arms, clothing, and accoutrements, with mil
itary stores for 25,000 men, is a large affair, and that although I am
promised any credit, yet as they must be paid for, the sooner the
better, if to be done without, too great a risk.
A considerable part of these articles are now on hand, and orders
are issued for the others, by the contractors this day. I prefer Bor
deaux to any other port for shipping them from, but the remittances
must be made to several, on which will give you my opinion in my
next. A number of gentlemen of rank and fortune, who have seen
service and have good characters, are desirous of serving the united
colonies, and have applied ; pray let me have orders on this subject ;
if it be politic to interest this kingdom in the present contest, what
way so effectual as to get into their debt for supplies and employ per-

APPENDIX. 513
sons of good family and connections in it, in our service, I have given
encouragement, on which some are prepared to embark. One Mons.
C. a celebrated engineer, who was chief, in that way, in the Turkish
army, is returned and is willing to go to America, but the ministry
cannot as yet spare him, as certain regulations are making elsewhere,
possibly he may go out sometime in the winter ; he is a first charac
ter in his profession and otherwise. Indeed, this contention has set on
foot such a spirit of inquiry in Europe into the state of America, that
I am convinced that at the first close of this war, if, as I trust in God, it
will close in our favor, there will be an inundation of inhabitants from
this side of the globe. Many persons of capital fortunes have declar
ed to me their resolution of moving to America, as soon as the liber
ties of America shall be established, and that many of their friends
will accompany them.
August 16th. — I received from a friend at Amsterdam, a letter, in
forming that he would be with me the 20th, and as the vessel could
not be sooner ready to sail, I determined not to risk this packet by a
private hand, or by the public post ; he is now arrived and takes
charge of it in person. Were it possible, I would attempt to paint to
you the heart rending anxiety I have suffered in this time, through a
total want of intelligence ; my arrival here, my name, my lodgings and
many other particulars have been reported to the British administration
on which they sent orders to the British ambassador to remonstrate
in high terms, and to enforce their remonstrances, dispatched Wedder
burn from London, and lord Rochford from Holland, as a person of
great interest and address here to counteract me. They have been
some time here and the city swarms with Englishmen, and as money
purchases every thing in this country, I have had and still have a most
difficult task to avoid their machinations. Not a coffee-house or the
atre or other public place of diversion, but swarms with their emis
saries ; but knowing the ministry are my friends, I attend these places
as others, but cautiously avoid saying a word on American affairs any
where except in my own hotel or those of my intimate friends. I
have seen many more of the persons in power in this time, and had
long conversations with them; their intentions are good and they ap
pear convinced, but there is wanting a great and daring genius at
their head, which the count Maurepas is very far from being ; he

514 APPENDIX.
has even imbibed a notion that no assistance is necessary, as the colo
nies are too powerful for Great Britain. All eyes are turned on the
Duke D'Choiseul. I am convinced the moment he comes into office,
an active, open, and * * * will be taken. I think he will
be minister very soon, meantime I have nothing to complain of the
* * * * indeed they will not be altered if he takes
the lead. I find Mons. Beaumarchais, as I before hinted at, possesses
the entire confidence of the ministry ; he is a man of wit and genius
and a considerable writer on comic and political subjects' ; all my sup
plies are to come through his hands, which at first greatly discourag
ed my friends, knowing him to be a person of no interest with the
merchants, but had I been as doubtful as they, I could not have step
ped aside the path so cordially marked out for me by those I depend
on. Mons. Coudray, the engineer I before hinted at, obtained liberty
last week to go for America with as many engineers as he should
choose, and was not only assured of Mons. Beaumarchais being able to
procure the stores he had stipulatedfor, but received orders for them
and liberty to take 200 pieces brass cannon, lest part might be inter
cepted. Mons. Coudray has the character of the first engineer in the
kingdom, and his manners and disposition will, I am confident, be
highly pleasing to you, as he is a plain, modest, active, sensible
man, perfectly averse to frippery and parade. My friends here rejoice
at the acquisition, and considering the character of the man, and at
whose hands I in effect received him, I must congratulate you on it.
Several young gentlemen of fortune, whose families are nearly con
nected with the court, are preparing to embark for America, by each
of whom I shall without disguise, write you the characters they sus
tain here; I have told them that merit is the sole object with the
congress. The bearer, * * * can give you some idea of
the situation I am iu, should this packet fail, and should he arrive with
it may explain some part of it. I am confident his attention to the
affairs of America here will be considered by the congress ; I have
found him in the mercantile way active and intelligent. Mr. Carmi-
chael is now with me from Maryland, and I find him a person of great
merit, respecting the colonies he is recommended as such by * *
* * from whom he has received a letter but of no immediate import
ance ; he proposes seeing me here this month. Mons. Dumas has
wrote me two letters from the Hague, but so timid that he has not

APPENDIX. 515
ventured to sign either, though he speaks in the highest terms ofthe
American cause. The pamphlet called Common Sense has been transla
ted, and has a greater run if possible here than in America. A person of
distinction writing to his noble friend in office, has these words : "je
pense comme vous, mon cher Compte, que le Common Sense est une ex
cellent ouvrage, et que sonauteur est un des plus grands legislateurs a
des millions ecrivans, que nous connoissions ; il nes't pas dSuteux, que
si les Americans suivent le beau plan, que leur compatriote leur a
trace, iis deviendront la nation la plus florissante et la plus heureuse,
que ait jamais existe."
Thus freely do men think and write in a country long since depriv
ed of the essentials of liberty ; as I was favored with a sightr of the let
ter, and permitted to make this extract, I thought it worth sending
you as a key to the sentiments of some of the leading men. I must
again remind you of my situation here, the bills designed for my use
are protested, and expenses rising fast in consequence ofthe business on
my hands, which I may on no account neglect, and a small douceur,
though I have been sparing in that way, is sometimes ofthe utmost im
portance. The quantity of stores to be shipped will amount to a large
sum, the very charge on them will be great, for which I am the only re
sponsible person. Five vessels arrived from America with fish, which is
a prohibited article, and the officers ofthe customs detained them, on
which I was sent to and informed, that if those vessels came from the
congress to me, they should be permitted to unload and sell. Here
was a difficulty indeed, for the captain had not so much as applied to
me by letter, however, I assured the * * that there could be no
doubt but they were designed for that use, and that the letters to me
must have miscarried, on which, orders were issued for unloading and
storing those cargoes until further intelligence should arrive. I men
tion this case in confidence, and pray that in future some regulation
may berpade on this subject, and that vessels coming out, may be di
rected fo apply to me as their agent or owner at least, and I will pro
cure in the different ports, houses of known reputation to transact their
business. This is absolutely necessary, for by this means their arti
cles may be admitted. Tobacco may come in this way, and every
other article * * deeply indebted ostensibly to Mons. Beaumar
chais, he can obtain the liberty for the discharge of their debts. Mons.
Coudray will see the articles of ammunition, cannon, &c. are provided

516 APPENDIX.
in the best manner for the army, and will embark himself by the 1st
of October. I wrote you from Bermuda, on the subject of seizing and
fortifying that island. I am well informed the British ministry have
had it in contemplation, and propose doing it next spring. Mr. War
der of Philadelphia, came a few days since from Bordeaux to Paris,
and called on me with some young gentlemen from New England ; he
brought letters from my good friends Messrs. * * in consequence
of letters to'them from Mr. Alsop. I received him as I do all my
countrymen, with real pleasure. A gentleman present warned him
against conversing with a particular person in Paris, to which Mr. W.
seemed to agree, yet I am told he went directly from my hotel to
that person, and informed him of every thing he heard mentioned, and
of every person he saw visiting me ; happily he could inform of noth"
ing of any consequence ; for my chamber being full of a mixed com
pany, and the conversation was general and in French and in English ;
but this conduct of his, with his want of common complaisance in leav
ing the city without calling on me to receive any letters I might have
for London, which he had promised to convey, that I was on my guard
in what I had wrote to send by him, has given me some uneasiness,
and I mention the incident only as a caution how and what persons
are recommended. The pleasure I feel in seeing one of my country
men is such, that I may be in as great danger from them as others, pos
sibly much more. I should be unhappy if any suspicion should oper
ate to the prejudice of this person without cause, but my friends here,
who are kindly attentive to every thing that is said or done which re
spects America, thirds very strange of his conduct. I rely on your in
dulgence for the length and incorrectness of this letter. I have had
much on my hands and no one to assist me in copying, &c. Visits from
persons to whom I cannot be denied or visiting them, with constant
applications made on various subjects take up my mornings, and I
have had only now and then an evening to write in. I have seen the^
prime agent who proposed something in the way of supplying the colo
nies with military stores from Prussia. I shall confer further on the sub
ject with him and write you. I have drawn up a memorial on the com
merce of America, and its importance to Europe, and shall present it to
morrow to the different personages concerned, shall send a copy if I can
get one made, by this conveyance. The debt ofthe colonies in carry
ing on the war, is a common topic for ministerial writers, but permit

APPENDIX. 517
me to assure you at the close of this long letter, that the demand
for land in America, if its liberties are established, will more than
compensate the whole expense. I will in a future letter be more expli
cit on this important subject, but am well convinced ofthe certainty of
this fact, " that the advance in the price of lands in America, if the
colonies are victorious, will more than reimburse the expenses of the
war." I have nothing material to add. Never were a people more
anxious for news than the people of this kingdom are for some from
America, and surely you will put me down as one ofthe first in the
roll of American heroes, when you consider my situation, plunging
into very important engagements, which I can my no means avoid,
yet without funds to Support them. But I will not enlarge on this sub
ject, and only say, lhat I have met with every possible encouragement
from every person I have seen, whether in or out of office, and I be
lieve no person in the same space of time, ever conferred wilh
more of both. My being known to be an American, and supposed to
be one of the congress, and in business for the United Colonies, has in
troduced me beyond what almost any other recommendation could
have done, which I mention to convince you of the attention paid
here to the 'cause of the United Colonies, and how very popular it is
become in this country. I have repeatedly seen Mr. Hopkins, for
merly of Maryland, now advanced to be a brigadier general in this ser
vice : he talks of coming out to America ; should the duke D'Choi-
seul, who is his friend and patron, come into the lead of administra
tion, he might come out to advantage. Insurance from London to
Jamaica, is 20 per cent. If a few of our cruizers should venture on
this coast they might do very well, as they would find protection in
the harbors of this kingdom, coming ostensibly for the purpose only of
commerce or otherwise, no questions would be asked, and they might
wait until an opportunity offered, (of which they might be minutely
informed,) and then strike something to purpose. I give this^hint to
individuals, rather than to the honorable congress as a body. The
bearer Mr. McCreary, has obliged me by copying my memoir No. 3,
lyhich I send herewith. It has had a great run among the ministers
of this and some other courts in a private way. Mons. Beaumarchais,
writes by this opportunity, he has shown me his letter, and I have agreed
in general to the contents, not understanding any exclusive privilege for
his house. Every thing he says, writes, or does, is in reality the action qf
Vol. I. 66

518 APPENDIX.
the ministry, for that a man should but a few months since, confine him
self from his creditors, and now on this occasion be able to advance half
a million, is so extraordinary that it ceases to be a mystery. Mons. Cou
dray was not in the Turkish service as I was informed, it was a gentle
man who proposes accompanying him, but he is an officer of the first
eminence, an adjutant general in the French service, and his prospects
here of rising are gxceeding good — but he is dissatisfied with an idle
life. His proposals in general have been, that he should be general
of the artillery, and subject only to the orders of congress or of their
committee of war, or of their commander in chief of the army where
he might be. ln the next place, that he should rank as major general,
and have the same wages, &c. coming in as youngest major general for
the present, and rising of course. Many other particulars are not yet
adjusted, but considering the importance of having two hundred pieces
of brass cannon, with every necessary article for twenty-five thousand
men, provided with an able and experienced general at the head of it,
warranted by the minister of this court to be an able and faithful man,
with a number of fine and spirited young officers in his train, and all
without advancing one shilling, is too tempting an object for me to hes
itate about, though I own there is a silence in my instructions. I
therefore honestly declare, I am at your mercy in this case, and I
have no uneasiness of mind on the occasion, for should I be sacrificed,
it will be in that cause to which I have devoted my life and every
* * in it. The terms of Mons. Coudray may be thought high, but
consider a person leaving a certain and permanent service and his na
tive country, to go he hardly knows where, and it must be supposed
he will ask at least as good terms as he could have in his own country,
but as the terms have not been particularly considered, I must defer
any thing further on this subject for the present, hourly in hopes of
some explicit intelligence from the honorable congress. You have
the good wishes of every one here. Chevalier D'Chastellier, de
sires me this instant to write down his compliments to Dr. Franklin,
and with pleasure I say, the being known to be his friend, is one of
the best recommendations a man can wish to have in France, and will
introduce him when titles fail.
Note.— The omissions in the original letter, from which this was taken, render
some part of it not perfectly intelligible.

APPENDIX. 519
NO. 25.
Instructions to William Lee, Esq., American Minister to the Courts of
Vienna and Berlin, in 1777-
Sir — Herewith you will receive commissions from the congress of
the United States of North America, authorizing and appointing you
to represent the said congress as their commissioner at the courts of
Vienna and Berlin. You will proceed with all convenient expedition
to those courts ; visiting that first, which, on consultation with the
commissioners at the court of France, shall be judged most proper.
You will lose no time in announcing in form to those courts, the de
claration of independence made in congress on the fourth day of July,
1776. The reasons of this act of independence are so strongly adduc
ed in the declaration itself, that further argument is unnecessary. As
it is of the greatest importance to these states, that Great Britain be
effectually obstructed in the plan of sending German and Russian
troops to North America, you will exert all possible address and vi
gor to cultivate the friendship and procure the interference of the em
peror and of Prussia. To this end you will propose treaties of friend
ship and commerce with these powers, upon the same commercial
principles as were the basis ofthe first treaties of friendship and com
merce proposed to the courts of France and Spain, by our commission
ers, and which were approved in congress the seventeenth day of
September, 1776, and not interfering with any treaties which may
have been proposed to, or concluded with, the courts abovementioned.
For your better instruction herein, the commissioners at the court of
Versailles will be desired to furnish you, from Paris, with a copy of
the treaty originally proposed by congress, to be entered into with
France, together with the subsequent alterations that have been pro
posed on either side.
You are to propose no treaty of commerce to be of longer duration
than the term of twelve years from the date of its ratification by the
congress of the United States. And it must never be forgotten, in
these commercial treaties, that reciprocal and equal advantages to the
people of both countries be firmly and plainly secured.
There being reasons to suppose that his Prussian majesty makes
commerce an object, you will not fail to place before him, in the clear
est light, the great advantages that may result from a free trade be
tween the Prussian dominions and North America.

520 APPENDIX.
You will seize the first favorable moment to solicit, with decent
firmness and respect, an acknowledgment ofthe independence of these
states, and tbe public reception of their commissioner as the represen
tative of sovereign states. The measures you may take in the prem
ises, and the occurrences of your negociation, you will communicate
to congress by every opportunity.
It may not be improper to observe, that these instructions, and all
others which you may receive from time to time, should be kept as
secret as circumstances will admit.

NO. 26.
Declarations of Congress respecting Independence and Treaties with For
eign Powers, Nov. 22d, 1777-
Congress having received information, that the insidious enemies of
the United States of America have endeavored to propagate in Europe
false and groundless reports, that a treaty had been held between con
gress and the commissioners of the king of Great Britain, by which it
was probable that a reconciliation would take place : —
Be it declared and resolved, That the commissioners of the said Uni
ted States ait the several courts in Europe, be authorized to represent
to the courts at which they respectively reside, that no treaty what
ever has been held between the king of Great Britain, or any of his
commissioners, and the said United States, since their declaration of
independence. And whereas, the cause of these United States may be greatly en
dangered, unless such of the European powers as regard the rights of
mankind should interpose to prevent the ungenerous combination of
other powers against the liberties ofthe said states :
Resolved, That the commissioners ofthe United States at the sever
al courts in Europe, be directed to apply to the respective courts, and
request their immediate assistance for preventing a farther embarka
tion of foreign troops to America, and also to urge the necessity of
their acknowledging the independence of these states.
Resolved, That all proposals for a treaty between the kino- of Great
Britain, or any of his commissioners, and the United States of Ameri
ca, inconsistent with the independence ofthe said states or with such
treaties or alliances as may be formed under their authority will be
rejected by congress.

APPENrfix. 521
#
Resolved, That the commissioners ofthe United States be severally
directed to communicate to the respective courts the purport ofthe
first and second resolutions, when they shall think it expedient, and to
suspend the last until upon a general consultation ofthe commissioners,
a majority shall judge it necessary.

NO. 26.
Statement ofa verbal report made to the Committee of secret correspond
ence, by Mr. Thomas Story, October 1st, 1776.
Mr. Thomas Story, (who had been sent by the committee of secret
correspondence, December 13th, 1775, to France, Holland, and Eng
land,) reported verbally as follows : on my leaving London, Arthur
Lee, Esq., requested me to inform the committee of correspondence,
that he had several conferences with the French ambassador, who
had communicated the same to the French court ; that in consequence
thereof, the Duke of Vergennes had sent a gentleman to Arthur Lee,
who informed him that the French court could not think of entering
into a war with England, but that they would assist America by send
ing from Holland this fall, two hundred thousand pounds sterling worth
of arms and ammunition to St. Eustatius, Martinique, or Cape Fran
cois ; that application was to be made to the governors, or command
ants of those places, by inquiring for Monsieur Hortales ; and that on
persons properly authorized, applying, the above articles will be de
livered to them.
Philadelphia, October 1st, 1776.
The above intelligence was communicated to the subscribers, being
the only two members ofthe committee of secret correspondence, now
in this city ; and on our considering the nature and importance of it, we
agree in opinion, that it is our indispensable duty to keep it a secret,
even from congress, for the following reasons :
1. Should it get to the ears of our enemies at New York, they
would undoubtedly take measures to intercept the supplies, and there
by deprive us not only of those succors, but of others expected by
the same route.
2. As the court of France have taken measures to negotiate this
loan and succor in the most cautious and secret manner, should we di
vulge it immediately, we may not only lose the present benefit, but
also render that court cautious of any further connection with such

522 APPENDIX.
*
unguarded people, and prevent their granting other loans and assis
tances that we stand in need of, and have directed Mr. Deane to ask
of them ; for it appears from all our intelligence, they are not dispos
ed to enter into an immediate war with Britain, though disposed to
support us in ourtontest with them, we, therefore, think it is our duty
to cultivate their favorable disposition towards us, draw from them all
the support we can, and in the end their private aid must assist us to
establish peace, or inevitably draw them in as parties to the war.
3. We find, by fatal experience, the congress consists of too many
members to keep secrets, as none can be more strongly enjoined than
the present embassy to France, notwithstanding which, Mr. Morris?
was this day asked by Mr. Reese Meredith, whether Dr. Franklin and
others were really going ambassadors to France, which plainly proves,
that this committee ought to keep this secret, if secrecy is required.
4. We are of opinion that it is unnecessary to inform congress of
this intelligence at present, because Mr. Morris belongs to all the
committees that can properly be employed for receiving and import
ing the expected supplies from Martinico, and will influence the ne
cessary measures for that purpose ; indeed we have already authoriz
ed William Bingham, Esq., to apply at Martinico and St. Eustatia, for
what comes there, and remit part, by the armed sloop Independence,
captain Young, promising to send others for the Fest. Mr. Morris
will apply to the marine committee to send other armed vessels after
her, and also to cape Francois, (without communicating this advice,)
in consequence of private intelligence lately received, that arms, am
munition, and clothing, can now be procured at those places. But
should any unexpected misfortune befall the states America, so as to
depress the spirits of congress, it is our opinion, that on any event of
that kind, Mr, Morris, (if Dr. Franklin should be absent,) should com
municate this important matter to congress, otherwise keep it until
part of, or the whole supplies arrive, unless other events happen to
render the communication of it more proper than it appears to be at
this time. B. FRANKLIN.
ROBERT MORRIS.
Communicated to me this 1 1th of October, 1776, and I concur heart
ily in the measure. RICHARD HENRY LEE.
Communicated to me this 10th of October, 1776, and I do also sin
cerely approve of the measure. WM. HOOPER.

« APPENDIX. 523
NO. 27.
Letter of Beaumarchais, under the signature of Roderique Hortales Sf
Co. to the Committee of Secret correspondence, dated August 18th, 1776.
Gentlemen. — The respectful esteem that I bear towards that brave
people, who so well defend their liberty, under your conduct, has in
duced me to form a plan concurring in this great work, by establish
ing an extensive commercial house, solely for the purpose of serving
you in Europe ; there to supply you with necessaries of every sort,
to furnish you expeditiously and certainly with all articles, clothes,
linens, powder ammunition, muskets, cannon, or even gold for the
payment of your troops, and in general every thing that can be useful
for the honorable war in which you are engaged. Your deputies,
gentlemen, will find in me a sure friend, an asylum in my house,
money in my coffers, and every means of facilitating their operations,
whether of a public or a secret nature. I will if possible remove all
obstacles that may oppose your wishes, from the politics of Europe.
At this very time, and without waiting for any answer from you, I
have procured for you about two hundred pieces of brass cannon, four
pounders, which will be sent to you by the nearest way, 200,000 lbs.
of cannon powder, 20,000 excellent fusils, some brass mortars, bombs,
cannon balls, bayonets, platines, clothes, linens, &c. for the clothing
of your troops, and lead for musket balls. An officer of the greatest
merit for artillery and genius, accompanied by lieutenants, officers,
artillerists, cannoniers, &c. which we think necessary for the service,
will go for Philadelphia, even before you have received my first
despatches. This gentleman is one of the greatest presents that my
attachment can offer you. Your deputy, Mr. Deane, agrees with me in
the treatment, which he thinks suitable to his office, and I have found
the power of this deputy sufficient, that I should prevail with this
officer to depart, under the sole engagement of the deputy respecting
him, the terms of which, I have not the least doubt but congress will
comply with. The secrecy, gentlemen, necessary in some part of
the operation, which I have undertaken for your service, requires
also, on your part, a formal resolution, that all the vessels and their
demands, should be constantly directed to our house alone, in order
that there may be no idle chattering or time lost — two things that are
the ruin of affairs. You will advise me what the vessels contain

Q24 APPENDIX.
which you shall send into our ports. I shall choose so much of their
loading, in return for what I have sent, as shall be suitable to me,
when I have not been able beforehand, to inform you of the cargoes
which I wish, I shall facilitate to you the loading, sale and disposal of
the rest. For instance, five American vessels have just arrived in
the port of Bordeaux, laden with salt fish ; though this merchandize
coming from strangers is prohibited in our ports, yet as soon as your
deputy had told me that these vessels were sent to him, by you, to
raise money from the sale for aiding him in his purchases in Europe,
I took so much care, that I secretly obtained from the farmers general,
an order for landing it without any notice being taken of it. I could
even if the case had so happened, taken upon my own account these
cargoes of salted fish, though it is no way useful to me, and charge
myself with its sale and disposal, to simplify the operation, and lessen
the embarrassments of the merchant's, and of your deputy. I shall
have, gentlemen, a correspondent in each of our seaport towns, who,
on the arrival of your vessels, shall wail on the captains and offer
every service, in my power; he will receive their letters, hills of
lading, and transmit the whole to me ; even things which you may
wish to arrive safely in any country in Europe, after having conferred
about them with your deputy, 1 shall cause them to be kept in some
secure place, even the answers shall go with great punctuality
through me, and this way will save much anxiety and many delays.
I request of you, gentlemen, to send me next spring, if it is possible
for you, ten or twelve thousand hogsheads, or more if you can, of to
bacco from Virginia, of the best quality. You very well understand
that my commerce with you, is carried on in Europe, that it is in the
ports of Europe, I make and take returns. However well bottomed
my house may be, and however I may have appropriated many mil
lions to your trade alone, yet it would be impossible for me to support it,
if all the dangers ofthe sea, of exports and imports, were not entirely
at your risk. Whenever you choose to receive my goods in any of our
windward or leeward islands, you have only to inform me of it, and
my correspondents shall be there according to your orders, and then
you shall have no augmentation of price, but of freight and insurance.
acco Xrto t°h ff tak6n ^ y°Ur enemieS' Sti» remains with ^u,
' ** W^£ sr ~l? bl the ™
y y nimse«. This deputy shall receive as

APPENDIX. 525
soon as possible, full power and authority to accept \yhat I, shall de
liver to him, to receive my accounts, examine them, make payments
thereupon, or enter into engagements, which you shall be bound to
ratify, as the head of that brave people to whom I am devoted ; in
short, always to treat about your interests immediately with me. Not
withstanding the open opposition which the king of France, his min
isters, and the agents of administration show, and ought to show to
every thing that carries the least appearance of violating foreign
treaties, and the internal ordinances of the kingdom, I dare promise
to you, gentlemen, that my indefatigable zeal shall never be wanting
to clear up difficulties, soften prohibitions, and, in short, facilitate all
operations ofa commerce, which my advantage, much less than yours
has made me undertake with you. What I have just informed you
of, gentlemen, is only a general sketch, subject to all the augmenta
tions and restrictions which events may point out to us. One thing
can never vary or diminish, it is the avowed and ardent desire I have
of serving you to the utmost of my power. You will recollect my
signature, that one of your friends in London some time ago informed
you of my favorable disposition towards you, and my attachment to
your interest. Look upon my house then, gentlemen, from hencefor
ward as the chief of all useful operations to you in Europe, and my
person as one of the most zealous partizans of your cause, the soul of
your success, and a man most deeply impressed with respectful es
teem, with which I have the honor to be,
RODERIQUE HORTALES & CO.
P. S. I add here, to conclude, that every American vessel, though
not immediately armed or loaded by you will be entitled to my good
offices in this country ; but yours, particularly addressed to my house
will receive a particular preference from me. I ought also to inti
mate to you, gentlemen, that from the nature of my connection, 'tis
to be wished you would use discretion, even in the accounts that you
give to the general congress. Every thing that passes in your great
assemblies is known, I cannot tell how, at the court of Great Britain.
Some indiscreet or perfidious citizen sends an exact account of your
proceedings to the palace of St. James. In times of great exigency,
Rome had a dictator ; and in a state of danger the more the executive
power is brought to a point, the more certain will be its effect, and
Vol. I. 67

526 APPENDIX.
there will be less to fear from indiscretion. It is to your wisdom,
gentlemen, I make this remark ; if it seems to you just and well plan
ned, look upon it as a new mark of my ardor for your rising republic.
R. H. & CO.

NO. 28.

Letter from the American Commissioners at Paris, to the Committee of
Congress, in October 1777.
Passy, near Paris, 7th October, 1777.
Gentlemen — We received duly your despatches by Mr. McCreary
and captain Young, dated May 2d, and 30th, June 13th, 18th, and 26th,
and July 2d : the intelligence they contain is very particular and sat
isfactory. It rejoices us to be informed that unanimity continues to
reign among the states, and that you have so good an opinion of your
affairs, in which we join with you. We understand that you have also
written to us of later dates by captain Holm. He is arrived at port
L'Orient, but being chased and nearly taken, he sunk his despatches.
We are also of your sentiments with regard to the interests of France
and Spain respecting our independence, which interests, we are per
suaded, they see as well as we, though particular present circumstan
ces induce them to postpone the measures that are proper to secure
those interests. They continue to hold the same conduct described
in our last which went by Wickes and Johnson, a copy whereof we
send herewith, as Johnson is unfortunately taken.
We have lately presented an earnest memorial to both courts, stat
ing the difficulties of our situation, and requesting that if they cannot
immediately make a diversion in our favor, they would give a subsidy
sufficient to enable us to continue the war without them, or afford the
states their advice and influence in making a good peace. Our pres
ent demand, to enable us to fulfil your orders, is for about eight mil
lions of livres. Couriers we understand are despatched with this me
morial to Madrid, by both the ambassador of Spain and the minister
here ; and we are desired to wait with patience for the answer, as the
two courts must act together. In the mean time, they give us fresh
assurances of their good will to our cause, and we have just received
a fourth sum of five hundred thousand livres. But we are continually
charged to keep the aids that are or may be afforded us, a dead secret,

APPENDIX. 527
even from the congress, where they suppose England has some intel
ligence ; and they wish she may have no certain proofs to produce
against them with the other powers of Europe. The apparent neces.
sity of your being informed ofthe true state of your affairs, obliges
us to dispense with this injunction. But we entreat that the greatest
care may be taken that no part of it shall transpire ; nor of the assur
ances we have received that no repayment will ever be required from
us of what has been already given us either in money or military
stores. The great desire here seems to be, that England should
strike first, and not be able to give her allies a good reason.
The total failure of remittances from you for a long time past, has
embarrassed us exceedingly. The contracts we entered into for cloth
ing and arms, in expectation of those remittances, and which are now
beginning to call for payment, distress us much, and we are in immi
nent danger of bankruptcy, for all your agents are in the same situa
tion, and they all recur to us to save their and your credit. We were
obliged to discharge a debt of Myrtle's, at Bordeaux, amounting to
about five thousand livres, to get that vessel away ; and he now duns
us every post for between four and five thousand pounds sterling, to
disengage him in Holland, where he has purchased arms for you.
With the same view of saving your credit, Mr. Ross was furnished
with twenty thousand pounds sterling, to disentangle him. All the
captains of your armed vessels come to us for their supplies, and we
have not received a farthing of the produce of their prizes, as they
are ordered into other hands. Mr. Hodge has had large sums of us.
But to give you some idea for the present, till a more perfect account
can be rendered of the demands upon us that we have paid, we enclose
a sketch for your perusal, and shall only observe, that we have refus
ed no application in which your credit appeared to be concerned, ex
cept one from the creditors of a Mr. Ceronio, said to be your agent
in Hispaniola, but of whom we had no knowledge ; and we had rea
son to hope that you would have been equally ready to support our
credit, as we have been of yours, and from the same motives, the good
of the public, for whom we are all acting, the success of our business
depending considerably upon it.
We are sorry, therefore, to find all the world acquainted here, that
the commissioners from congress have not so much of your regard as
to obtain the change of a single agent who disgraces us all. We say

528 APPENDIX.
no more of this at present, contenting ourselves with the conscious
ness that we recommend that change from the purest motives, and
that the necessity of it and our uprightness in proposing if, will soon
fully appear.
Messrs. Gardoqui at Bilboa, have sent several cargoes of naval
stores, cordage, sail cloth, anchors, &;c, for the public use, consigned
to Elbridge Gerry, Esquire. They complain that they have no ac
knowledgment from that gentleman of the goods being received,
though they know the vessels arrived. We have excused it tp
them, on the supposition of his being absent at congress. We wish
such acknowledgment may be made, accompanied with some expres
sions of gratitude towards those from whom the supplies came, with
out mentioning who they are supposed to be. You mention the ar
rival ofthe Amphitrite and Mercury, bu,t say nothing of the cargoes.
Mr. Hodge is discharged from his imprisonment on our solicitation,
and his papers restored to him ; he was well treated while in the Bastile.
The charge against him was, deceiving the government in fitting out
Cunningham from Dunkirk, who was represented as going on some
trading voyage, but as soon as he was out, began a cruize on the Brit
ish coast, and took six sail. He is got safe into Ferrol.
We have received and delivered the commissions to Mr. William
Lee and Mr. Izard. No letters came with them for those gentlemen
with information how they are to be supported on their stations. We
suppose they write to you and will acquaint you with their intentions-
Some propositions are privately communicated to us-, said to be on the
part of Prussia, for forming a commercial company at Embden. We
shall put them into the hands of Mr. Lee.
We do not see a probability of our obtaining a loan ofthe two mil
lion sterling, from any of the money holders in Europe, still our af
fairs are in their opinion more firmly established. What may be ob
tained from the two crowns either as loan or subsidy, we shall proba
bly know on the return of the couriers, and we hope we shall be able
to write more satisfactory on tuose heads by captain Young, who will
hy that time be ready to return.
With the greatest respect, we have the honor to be,&c.
Signed, BENJAMIN FRANKLIN.
SILAS DEANE,
ARTHUR LEE.

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