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1 2 3
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I,
;•» 'K,;*' •■"(.'- .-s-^v^'jj-
THREE -
M E M O R I A L S
MOST HUMBLY ADDRESSED TQ
THE SOVEREIGNS
• '"'''' ,' of'' \ ' '■
E U R O P E,
GREAT BRITAIN,
. .■■"''' ■ ' ■ ^ ,"■■■■. •:■- , :■„_
AND. '■ ■ ■ .i -': ',
NORTH AMERICA.
) •- . ' \ ■ I,
By T. P O W N a L L,
^ate Governor, Captain - General, Commander in
Chief, Vice- Admiral, &c. of the Provinces, now
States, of MefTachufett's-Bay and South-Carolina,
and Lieutenant-Governor of New-Jerfey,
■ il
LONDON:
Printed for T. Cadell, B. White, T. Paynb,
P. Elmsley, J. Walter, and J. Debrett,
M.DCC.LXXXIV,
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I. ■ l,i-'
GENERAL PREFACE*
ALTHOUGH at the firft publication
of the Memorial addrefled to the So-
vereigns of E^urope J. withheld my name ^
I never denied my being the Author. There
are no opinions in this Tracft which I have
not repeatedly declared j in my publick cha-^
rafter, as a member of Parliament, and
which I have not maintained whenever and
wherever I thought that my duty to my
Country, and my good-will to the Britifh
nation, as well in America as in Great Bri-
tain, required it. I had therefore nothing
to conceal refpefting myfelf perfonally. As
I had held myfelf detached from all parties,
and was never of the fadion of any Junto,
lb was I unprejudiced by any national at-
*A 2 tachm^rfts
'lachments In my argument. I wrote folely
and exprefly to ftate to Europe and Ame-
rica at large ; I. The actual cafe which the
then prefent combination of events formed :
To ftate this in a comparifon of the two
Worlds, the old and new, by facts atten-
tively watched and examined through five-
and-twenty years experience. II. From the
ordinary courfe and analogy of human af-
fairs, to point out what would be the con-
fequence and efFedt of this cafe operating on
the affairs of Europe and America recipro-
cally. Laftly, From the leffon which that
experience gives, to fuggeft with what fpi-
rit, and by what condudt, this advancing
jftate of things ought to be met.
I wiilied that the world might receive
the Hate of the cafe folely on the authority
of the fails, and not on that of the tefti-
mony of any name : That it might receive
the proof of the argument from the demon-
ih'ation of its reafoning j and not from the
opinions of any perfon, howfoever fuppofed
to be informed in thofe matters. I could
not but be confcious, that, with many, my
name
name would, in this bufinefs, be attended
by (Irong prejudices, both for and againft
the opinions and advices which this Tradt
contains ; I therefore withheld my name. ;
.' I dated, in a Preface, this Trad as wrii-
ten by a perfon totally withdrawn from all
connexions either with the Government of
Great Britain or of America* by a perfon
refiding in the Azores. That it was pub-
lillied after the death pf that perfon. Al-
though a fidtitious Author was thus held
out ; yet every article of the account of this
perfon had its ground in truth. When I
returned from America, and hadoccalion to
know, not barely to fee, the train into
which the bunnels and adminiftration of
the affairs of this devoted country were to
be led ; I had determined to retire back to.
America, and live a private character there.
This I had publickly declared in a letter
addrcfled to Mr. Grenville, printed in 1764.
The perfontl connedioii v/hlch I formed
by marriage, fufpcndcd that for a time —
When it pleafed God to take this connexion
from me in the year 1777, 1 Ihould then
have
i<'"(||#,pii ••^pff ■f'^mi) .ifmipffi
have put that determination into execution^
had not the ftate of affairs between Great-Bri-
tain and America rendered it impfadicable.
' The idea given out that the comparifon be-*
tween the Old World and the New, between
Europe and America, had been made by a
perfon under the meridian of the Azores, is
alfo true. For I find in my Journal, that
in failing from America to Europe, in the
year 1756, this comparifon was actually
made by me on the 27th of February, when
I was, on that day, under that meridian.
And as to the death of the writer of this
Trad, at the time of its publication, that
alio is true in efFed". For I do now, and
did then, confidcr my political line of life
ill ihefe matters as much at an end as if I
was adually and perfonally dead. Haw-
ever, as my retiring from publick life was
a kind of political fuicide —
Dubito ah
Nob He let hum.
Thus much for the Preface to the ^rft edi-
tions of the Memorial to the Sovereigns of
Europe.
[ *vii ]
Europe. Some further account of the pub-
lications which I made on thefc matters,
may become proper.
<i(
Xu-
iirt'
' When, in the year 1763, I returned from
Germany, I was offered any Government in
America, if I would return to that country,
and undertake that line of fervice. I excuf-
ed myfelf. I had had occafion to experience
the ignorance and falfe conceptions by which
the men of bufinefs in England were preju-
diced and perverted as to the flate and the
affairs of our effabliOiments in America. I
had perceived that they, feeling impradtica-
ble obftrudion in tifeir line and mode of ad-
miniflring thefe affairs, did, as is very na-
tural, conclude, that the conftitution of
thefe external parts of the Empire was
wrong : That thefe parts being fettled and
formed as Colonies, was an original error
in their firft eftablifhment : That therefore,
in order to form a pradical fyftem of Ame-
rican adminiftration, this efiablijhment of
Colonies lliould be converted into afyjlem of
provinces, which might be governed by
Provincial Government^ that is, by a power
fuprcme
^j'v.ijn'mni'minf-yM."
[
]
iuprcme over, and external to, their confti-
tutJon : that the then moment, while there
was a Britidi army in the Colonies, before
the Colonies grew up to adolefcence, and
while Great-Britain was at peace with ail
the powers of Europe, was the time ii^
which this meafure * ihould be taken,. ' - uv
That as thefe Colonies had by their con-*
ftitutions freedom of legiflative will, and the
privilege of railing their own Supplies, and
inaking their own Grants, within their own
jurifdi^icnsi fo the fur eft way of fecuring
iheir dependence, was an cxercifc of tho
fupremacy of Gre^t-J^ritain, in legiflativfi
tn
* Unfortunately for thrs plan it was attempted,
v/hen the Colonies tuert become adolefccnt, and too
powerful to be fo treated : Which Mini|Jer8, if they
had attended to effeiSts of this power, fo vifibly operat-
ing in the late war, might have feen. Unfortunate-
ly for this plan, inflead of being a meafare t6 be car-
ried on while Great- Britain was at peace with all the
powers of Europe, the advifcrs and conductors of it
out it on fuch grounds as created a general fpirit of jea-
loufy and hoftiiity in. all the Marine powers of Europe ;
and which arofe to adtual war with two of the nioft
powerrul. .
'6 power.
'f .
f !^ ]
power, external to their will, and in im-
pofing and levying oi taxes, neither giv.en
nor granted by their own confent : And
finally, thi't a revenue fo railed might be *
applicable, as future occafions might re-
quire, to the meafures of BritiHi politicks.
Inftead cf engaging in r.hat line of fervice
under fuch a iyftem, I, on the contrary,
feeing the mifchiefs which muft attend fuch
ignorance, and the dangers which muft fol-
low fuch prefumption, drew up a paper,
defcribing the ftate of our Colonies : Draw-
ing as in a plan, the Adminiftration by
which they ought to be governed, as being
what they aclually were, not what they
were imagined to be, or were intended
to be made to be. In this ppper, I firft
rtated, that NASCENT CRISIS which
America was forming in all parts of its cir-
cuitous orbit : That the feveral parts of this
fyftem, in their properties and in their mo-
tions, as well as the people in their affec-
tions, confpired, as it were, by a principle
of attraSlioiit to a center which lay naturally
within the dominions, and might conjlitu^
tionally be fixt within the empire of Great-
*B Britain.
[ ^ ]
Britain. But that, if the Government of
GreiiL-Britain, inftead of ading by the prin-
ciples of nature and her conftitution, would
not confider thefe eftablKhments as parts of
her realm, but as external dependencies to
be governed by external Government j if
flie adopted this repellant principle^ the Co-
lonies, having a common principle of at-
tradlion amongft themfel ves, would converge,
by that principle, to a common center of
their own, without the realm, I ventured
to aflert, that this ilate of things formed
precifely what I called the Nafcent Crifis of
that period of time : And that the managing
of the events of that Crifis, was the precife
bufinefs and duty of the Minifters of that
period : Finally, that an Adminiftration
for American affairs, fuited to this (late of
the bufmefs*, ought to be formed by the
then Minifter : That the fyftem of the bu-
fmefs was founded in nature, and that he
had but to follow as nature led. I then
ftated what would be the particular points
* Id eft viri & Ducis non dcefl'e Foitunar, fed oblata
cafu vertere ad confilium.
C of
'■'X
of bufinefs which would require the atten-
tion of Government; and by defcribing,
under their refpedtive heads, the feveral
branches oi Colonial Government , pointed out
what was wanting and what was practical.
I ventured to aflert, that fuch a fyftem and
ftate of things as then were, conduced by
fuch an Adminiflration, would form
Great Britain and its dependen-
cies into a one great marine em-
pire and dominion extending over
the Atlantic and America, whose
center would be found within the
British empire.
After having made a precis of this bufi-
nefs, and feeing no hopes that the flate
which it contained would be admitted by
Government ; nor the reafoning, it led to,
be acquiefced in, I extended this paper
into a Treatife on the fubjedl, and publifhed
it in the year 1764, as an appeal to the
fenfe of the nation at large, under the title
pf The AdminiJ} ration of the Brit'fi Colonies.
The refufing to go to America on this fer-
vice, ic-;,nd the publication of this '/reatife,
*B 2 ruined
¥ : .
%
\ u
[ xii ] ^
ruined me with thofe who had the real
power of Government in their hands. I
was not ignorant that it would have fuch
efted. I facrificed to what I thought
truth and right -, and I thank God I hav&
never yet once, to this hour, repented that
I made that facrifice. Perhaps they have
more than once repented that they did not
follow this advice.... . t
Whether the part which I afterwards
took as a member of Parliament be known
or underflood, is of no confequenccj fo0
being fuch as anfwered not the purpofes of
any party of men, it rendered not only my
condudl but myfelf of no confequence in my
native land. Paulum fepultce dijlat inertia
celata — —before I decided upon holding
this condudt, I had fettled it with myfelf to
be content in inlignificance, and I have re-
peatedly gloried in this my ftate of infigni-
ficance Upon the winding up of the late
great Revolution in the empire, I enjoy
from hence, a more real and folid happi-
nefs than all the emoluments and honours
of Government could create in me.
When
f
%
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«." '^.■^
'4, ,
[ »"i f
■ .:S
When, after a long and vexatious ftruggle in-
difpute, I faw an opportunity of conciliation
opening, which might have been brought
forward into event in 1774, if the contending
parties would but agree to look for grounds of
agreement: I endeavoured by my corre-
fpondencies in America, and by meafurea
which I propofed to Government here, cor-
refpondent to what I knew of the * petition
to the King which was to be propofed in
Congrefs, and which was afterwards brought
to England by Governor Penn; I endea*
vourcd to open the ways to thofe grounds, and
would have undertaken to find my way to
them. I had communications with-aMi-
niftcr who had not the power of putting
into execution meafures which he approved.
I was treated with by that man, who either
deceived me or himfelf, and became -J* an
unfortunate Minijier -, an inftrument of 9,
cruel, fruitlefs war j and of ruin to his
country in the event and efFed of it. Dur*
* Praying his Majefty to appoint fome means ©f
taking the fenfe of his faithful people in America.
I Thefe were his own words fpoken in Parliament,
ing
' . t
i'.
'
I
• • [ xiv ] ,
ing thcfc my negotiations*, I publi(hed
what I had written in the preceding Sum*
mer, t/je Second Part of the Adminiftratisn
of the Britifi Colonies ; endeavouring to
e(labli(h in the minds of men the diflinc*
tion between, what I called. Colonial and
Provincial Government, as preparing the
ground of conciliation-— -and as I had occa»
iion to know the fentiments of fome lead-
ing men in Congrefs, '* that fuch meafures
** were the only means of preventing the
** train of evils which muft otherwife fol-
** low, perhaps the only means of faving
" the two countries.** I offered to un-
dertake what I propofcd — Sed dis aliter v/-
fum, I'be refujing of the Petition of Congrefs,
and the meafures taken which Lord Howe
went out to execute, made it neceffary for
Congrefs to declare the Independence of Ame-
rica^ Our fyftem of politicks left them no
other alternative. And if there were any
party in Congrefs who were willing to op-
pofe that declaration at that time, they found
the ground cut up from under their feet ;
* In 1774..
1
-«i
All
• iv-'i:
[ XV ]
All hopes oifconciliation vanifhed ; All means
of the two countries getting upon grounds
ofagreementhQczme in^pradicable : And war,
a ruinous war, took its courfe. The events
of this war, and the efFeds which they had
at the time on the Cabinet of France,
formed an opportunity, which might have
been takeh, of fetting on foot a treaty of
peace and commerce with America *. This
came to my knowledge, I laid the fa(5ls, and
my idea of the ufe which might be made
of them, before a Minifter, the Minifter for
the American department. The treating
with the States in Congrefs, as Sovereign
and Independent, was a point^w^ quo non r
And no other treaty than a feeder al one was
pradicable. I will not here aggravate the
pains of u wounded and repentant con-
fcience. Hiftory will hereafter tell her
ftory. It is fufficient here to fay that any
fuch propofition was inadmiflible in limine.
I fufFered not the matter to reft here -f*. I
announced it in Parliament, and recom-
rnendcd (thejirjl time that any fuch idea was
ever announced there ) A fobderal treaty
* September, 1777,
t November, 1777.
with
(•
with America. This was novel, and (o con-
trary to the wifdom of our Government,
that Minifters, though they dare not touch
the argument in Parliament, called it in the
Cabinet, a wild notion. Not anfwering, at
that moment, the purpofes of party, it was
equally negleded by the oppofition, and I
found myfelf alone. And thus another op-
portunity of profitable peace, fuch as might
have been then obtained, was loft. Thefe
things, however, opened the eyes^ of the
French Cabinet. The difcernment of their
Councils faw things as they were ; and they
treated them as being what they were : They
commenced at this time a treaty civil and
commercial with the States of America as
Sovereign, while the Miniftry of Great-
Britain was amuiing itfelf in forming a plan
of fending Commiflioners to Congrefs to
follicit the States to rfeturn to their De-
pendance, or atleaft iofome thing fiort of In-
dependence, I had * communication with
the Minifter on this matter— and ftated to
him, in a written paper, that the com-
mencing any treaty, by a definitive propo/i»
* January r, 1778.
twnj^
r xvii 1
tion, before he had grounds of" agreement
or preliminaries, could have no other efFedt
but to r&nder Miofe with whom he would
treat impradicable ; and muH: end in dif-
grace. I faid the fame afterwards openly id
Parliament, adding an advice, that the
commiflion (hould be extended to the treat-
ing with the States as Independent — with-
out which the miffion would be fruit-
lefs, and muft end in difgrace. I was here
again a wild man. The French in this in-
terim, 2i(X\i2ii^d by fucb wild ideas t conclud-
ed a treaty of amity and commerce with
the Sovereign and Independent States of
America. The Britifh miffion, however,
went forth ; and if ever an humbled coun-
try was difgraced ; Great-Britain, at the
fbet of America, and in the eyes of all the
world, was difgraced.
J ' .
I,'
The powers of Europe began to inter-
pofe in thfs conteft. They began to fee the
adlual {iate of things. They weighed it, as
a conteft of power, in the fcale of war : I
wifli it to be viewed and confidered in the
calm lights of reafon and Peace. I wiHied
them
fC
r
I in
[ XVlll J
them fo to fee the combination of events
which was in operation ', fo to look to the
effedts it muft have, as to be convinced
that in the end it muft be fettled by nego-
/ tiation, whatever were the operations of
war : And that the forming a line of con?
dudt in a fyft« >. of policy, wherewith the
advancing ftate of things (hould be met, was
the only idea whereon the reftoration, and
fecure pradlicaleftabli(hment of general peace
could be founded. Under the impreffion
of thefe fentiments, I publifhed ^he Memorial
addrejfed to the Sovereigns of Europe, The
idea was novel; but it had its effeSi. ** This
^* truth was at firft treated as unintelligible
^* fpeculation. It was unfafhionablc. It wa§
" negleded, even where it was not reje<fted.
^* By degrees it entered into the reafoning
?* of many individuals j and when it was in
^* various tranflations and editions expand-
!* ed over Europe, it was found infenfibly
** to mix itfelf with the opinions of Statef-
^* men \ and at length reached the ear and
** penetrated the heart of fome Sovereigns ;
?* laltly, thofc cf the Minifters and Sovereign
6 pf
JiM
...sfe
*' of^ Great-Britain. And it had its gA
•* fes^r
;; \ ,-J?/;l;-3iV,K^|jj ■>{
^ The propofitions whereon the fecond
Memorial, in two parts, were draughted, as
intended to be prefented, although not pre-
fented> bad alfo its proper effeSl. I'hefaSl
which I authorifed General Conway to an-
nounce to Parliament, gave an immediate
majority in Parliament to thofe who op-
pofed the American war^^and rendered it
necefTary for a Miniflry, who either would
not or could not make peace> to retire and
go out of office. !hj1 j-^ 'V.
■ j'i (.il
■ a:
:V/cmj4
- Thofe who afTumed the lead of the party
which came into office did not make peace:
I fpeak only to the fad. And I never heard
that they ever attempted iht forming of a
FAMILY COMPACT.^ a thing more
natural between two nations, who were of
the fame familv, than between two courts
who governed two nations naturally dif-
cordant to each other. This meafure vt^as
ftrongly pointed out, in »he Preface to the
two
M
two Memorials addreffed to the King j but
the opportunity is gone.
r, ■ i\
I
' What efFed the Th'rJ Memorialy addrejfed
to the Sovereigns of jimerica, may have in
America ; what ufe the Miniftcrs of Great-
Britain and of^ Europe may make of the
truths which it contains; remains to be
fecn in future time.— This, as the former
was not at iirft, is not yet underftood, and
I can fee will not be tinderftood until events
which it refers to fhall explain this as
former events have done that. A man who
knows the interior mechanifm of a clock—
and fees the hand or index pointing up to
the number twelve at noon— does not fore-
fee, and is no prophet in foretelling, that
in fix hours time it will be revcrfcd, and
point down to iix.
mVI:/'^'-' -■ '■' •." ".
. , POWNAL,L.
n'vv/. •• /.\' r ■ -'■•'' -
-in. • -iv; « ;! ••.;'
a;
I .
:)1
> M
MEMORIAL,
MOST HUMBLY ADDRESSED
TO THE
SOVEREIGNS of EUROPE,
ON THE
PRESENT STATE of AFFAIRS,
' /■'
BETWEEN THE
OLD AND NEW WORLD.
\
i^tfl 1^ f* itofjiit* Vfoi^o^Zi' O/uoetJ'n ydp ird/lett W*!, >h «vx ^'^*
Ti ixfiineu tS pvQfAtt Tair tut yno/uiten' 06tii Ksti tttt, ti riaxti^ti'
Koy7<( irmv Wtf^lisdu tit ii^^enrtttt j3<'or> rS iJjri *t» ftiS^it' tI yxf
ir\iot o4« i '
Ml Antoninus, Libi 7. § 49.
LONDON:
Printed firft in 1780, and fourth Edition 1784.
:=3e!
P R E FA C E.
;. '. .»,,i ,.■
.>".'
THE Memorial which I herewith
fend you, was written by a Friend
of mine, who is lately dead. It is of no
confequence to the Public to be informed
who he was. What he was, and of what
fpirit, will appear by his Writings. A de-
cidve misfortune in his perfonal relations
had determined him to quit Europe, and
to fettle in America : He had arranged his
affairs to that end ; and, although from the
troubles which, in the interval of his pre-
parations, arofe in America, he fufpendcd
his adtual fettlement in that Country j yet
he fo far quitted Europe as to go and refidc
in the Azores or Weftern Ifles, devoting
himfelf to that fludy and contemplation
which
. '■■ ^?;'';'\ ■■ 'if"^'
\\
E « J
which was beft fuited to confole him under
his misfortunes, and to reconcile him to the
facrificc which he was about to make of
every thing that remained to him of what
the World holds moft dear. I had the
happinefs of correfponding with him while
he hved there, and I received this from
him, with leave (if ever a time (hould ar-
rive, in which I fhould think it might be
of ufe) to publifli it, on this condition,
that I would write *' fomcthing of a Preface
'' to it. I do not," (*fays he,) *' like the
'• Roman Statefman, fay, Orna me. Leave
** me to oblivion, and in peace j for that is
** all I now feek. I am perfuaded that the
** matter of fails, as the Memorial ftates
** it, and that the prefent combination of
** events, as the Memorial defcribes it, is
true: That the confcquences which I point
out, as flowing from them, are probable:
" And that the condu(S which I defcribe as
that with which ihcfe things (hould be
met, is the bed wifdom for the Sovereigns
of Europe, by wliich they can promote
** the
* In a letter dated ¥qv. 1778, Fonta dd GaJa in SLMlchaefs.
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the intereft of their States, or the happi-
nefs of their People. * If the events do
not come forward at this period as I fup-
pofe, or juft in theferies of proce/pon as my
reafoning hath attempted to draw the line,
that is nothing to the age of the world,
nor to the growing fyftem of a flate. The
thing, therefore, which I afk of you, is,
to (how how the general reafoning on the
general train of events, applies to the cir-
cumftances of the time whenever you fhall
publifh it : And that you will give it (in
French, or in any other language gene-
rally underftood) fuch a fa(hionable drefs,
fuch as that the world may receive it
and underftand it. Alfo, I wiih that it
may be underftood how fenfible I am
that an Apology is neceflary for my pre-
fuming to addrefs a Memorial to Sove-
reigns, 00 a fubjed in which they muft
be fuppofed to be perfedly informed, and
in which your Friend (it may be fup-
pofed) can have fo little pradlical informa-
C(
tion.
* They have, however, come forward at this period, 1783;
and exad^Iy in the feries of proccUion as I drew the line.
}t
II'
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[ '■• ]
tion. Although, in what I am going to '
fay, I (hall fhew no great art or addrefs,
nor obferve that conduct which would be
likely to recommend this Memorial to the ^
great world ; yet, for truth's fake, I will
fay it, That I have always found that the
Sovereigns, as far as they are informed, and
are in circumftances to exert themfelves,
have the intereft and profperity of their
fubjefts, the welfare and happinefs of
mankind, more at heart, than it ever
enters into the heads or hearts of their
Minifters to conceive. It is for that rea-
fon that I have prefumcd to addrefs them.
I will fet the great Henry of France at
the head of the firft lift ; One has heard
of a Sully, a Fleury, a Clarendon, a
Somers, a De Witt, a Franklin ; and for
the common good of mankind one would
hope, that fuch men, in all countries
where they can adl, may never be want-
ing to continue this other lift."
Although this my Preface will be forme4
chiefly by extracts from my Friend's letters,
who
[
[V ]
who can beft explain his own views, and
which, without the parade of Authorifm,
are moft fairly explained in thofe private
fentiments : Yet, I doubt whether it may
not be neceffary to fay, tnat though he here
appears as an abftraded Philofopher, yet he
was not unpradiced in the bufinefs of Go-
vernment, nor uninformed by experience in
a ^Lnowledge of the nature of the European
Settlements in America. His life was a
compound of bufinefs and frivolity abroad:
He was a Philofopher at home -, and always,
what may be very properly exprefled, very
much at home. He was confcious that he
thought very differently from the generality
of mankind on thofe fubjedts ; and ufed
while in Europe frequently to lament how
litde he was underftood on the fubjedl mat-
ter of this bufinefs. In a letter dated from
the fame place, in March 1779, he fays,
" When I look back, and compare my
opinions with events which feem to have
confirmed them, and yet fee how little
cffedl thefe opinions have had, even when
called for, and when duly explained, by
*' fad:s
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fadls, in their proper place, I am at
length convinced, that I have not the
talent of fo arranging, and of fo explain-
ing things, which I am fure are fads and
truths, as to demonftrate them to others.
That mind, whofe faculties are moft rea-
dily exerted in the fearch of truth, is fel-
dom habile and efficient in the demonftra-
tion of it. This, therefore, vvill be the
laft Paper which I fha!\ ever write on this
fide the world, on this fubjedt. So little
(if I am not ioo vain in a reference to my
own ideas) was this fubjedt compre-
hended, fo little did it feem interefting,
fo little was it reliflied, when I was in
Europe, that I fcarce ever talked of it in
real earned : And, although this with-
drawn place may feem bed fuited for
contemplp.tion j yet I feel here the want
of that correfpondence and converfation,
which elicitep, and brings forward into
efFedt, the power of reafoning, better
than the clofcft and moft intenfe ftudy
ever did. Ncc que?7quam habeo quocumfa"
miliariter de hujus modi rebus colloqui pof-
** Jimi
it
«€
** Jim\ ut ne faltem explicem 6? exacuam;
And I own I have my apprehenfions that
I may prove to be as vifionary, as the
" world, I knovir, will think i.e,'* Whe-
ther the world will be of opinion with my
Friend's apprehenfions or not, that this
Memorial is vifionary 5 you receive it,
Mr. Almon, juft as I received it. It appears
to me to be founded in fad -, to be plain
and intelligible, is what I undcrftand ; and
what therefore, I think, any other may very
well underftand. I hope, that, little as this
Memorial is in its bulk, indeed not enough
to make a book ; it will neither be fold or
read as a pamphlet laxa cervice. There is
nothing in it to amufe fuch readers. If the
matter which it contains, does not attract
and engage the ferious attention of ferious
men of bufinefs, it is neither worth your
printing, nor their purchafing.
I differ from my Friend, and think itbeft
that it fliould appear firfl in its own drefs
and language i I therefore fend it to you,
to print off an edition of it. I fliall have
It
[ viii ]
it tranflated afterward into a language thai
the generality of the world underfUnds,
becaafe I think, that the matter which it
contains, is of great importance to the States
of Europe in general, as well as to England
tnd America in a more particular manner.
I am.
Sir,
Your Humble Servant,
« « « « «
Editor.
Paris, Jan. 25, 1780.
MEMORIAL, ^c.
omnia, Tempus
Nadla fuum, properant Nafci-
CLAUDIANt
THAT Nascent Crisis, which at
the end of the lafl war, ** opened
a new channel of bufinefs, and brought
into operation a new concatenation of
powers, both political and commercial" is
now, at the beginning of this prefent war,
come forward into birth, in perfed: and
eftabHfhed fyftem. " The fpirit of com-
merce hath become a leading and predomi"
nant power,'* it hath formed throughout
North -America, and hath extended to
Europe the bafis of a new commercial
fyftem. " The rise and forming of
THAT SYSTEM WAS WHAT PRECISELY
CONSTITUTED THE CRISIS OF THAT
TIME." It was feen by men who knew
A how
< ■ '■ "!
••■f,
:
!
i B i
[ 2 ]
how to profit of the knowledge ; thofc
who fhould have profited would not fee
that " THAT ONE GENERAL COMPOSITE
interest" fo formed, and fo adting ~
under the fame laws> and by the fame
fpirit of attradiion which pervades all
nature, muft neceflariiy, in the proccflion
of its power, have " a one common
CENTER of gravity AND UNION."
There was, at that time, a State in Europe
within whofe dominions th^t center lay,
coincidinj> nearly with the center of its '
own proper political fyftem, and making
even a part of its natural fyilem. .The
operations of this compofite fyftem took a
courfe almcft in the very diredlion of the
line of the natural movements of that
State. The bafis of a great marine domi*
nton was laid by Nature, and the God of
Nature offered that dominion to the only
Power with which the fpirit of liberty
then dwelt. But the Government of that
State, being wife in its own conceit, not
only above, but againft thofe things which
exiftcd, rcjeded Nature and would none of
her ways i defpifed the wifdom of that
Providence
■(
'»W'
I 3 1,
Providence which had cftabliflied her. The
fpirit of attradlion which Nature aftuates'
was held to be a vifion; and that
STATE OF UNION, which the hand of
God held forth, was blafphcmed as folly.
The Minifters of that country faid to Re-
pulfion. Thou (halt guide our Jpirit ; to
Diftradiion, Thou {halt be our wifdom.
This fpirit of Repulfion, this wifdom of
Diftradtion, hath wrought the natural ef-
fed, diflblution. They have not onl/lod
for ever the dominion which they might
have wrought their nation up to, but the
external parts of the Empire are one after
another falling off, and it will be once
more reduced to its infular exiftence. ^^ ■
On the other hand* this new fyjiem of
power, united in anci moving round its
own proper center " M diffhlved the effe0
of all artificial repulflons which forcQ^
would create, ^nd hath formed thofe na-^
tural conne£lions by and under which its
adlual intcrcft exifts." Foundjsd in Nature"
it is growing, by accelerated motions, and'
accumulated accretion of parts, into aii*
j^^de|)e^ndent, organized being, a great and*
A 2 powerful
..;ii
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li
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1 '
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powerful empire. // 6as taken its equal
fiation with the nations upon earth. \
Video Jolem orientem in occidente, ^
North-America is become a new primary
planet in the fyftem of the world, which
while it takes its own courfe, in its own
orbit, muft have efFed on the orbit of everjr
other planet, and fhift the common center
of gravity of the whole fyftcm of the Euro-
■■■.■' ■■■' ■ i ■ J c . .. > ,
pcan world.
North- America is de faSio an inde-
pendent POWER which has taken its equal
fiation with other powers^ and muft be fo
de jure. The politicians of the Govern-
ments of Europe may reafon or negociate
upon this idea, as a matter fub lite. The
powers of thofe Governments may fight
about it as a new Power coming into
cftablifhment -, fuch negociations, and fuch
wars, are of no confequence either to the
right or the facft. It would bejuft as wife,
4nd j uft as effectual, if they were to go to war
to decide, or fet on foot negociations to fettle,
to whom for the future the fovereignty of
the moon fhould belong. The moon hath
been long common to them all, and they
may
TT^
[ S ] ,
may all in their turns profit of her reflcded
tght. The Independence of America is
xed as fatcj (he is miftrefs of her own
fortune j— knows that (he is fo, and will
adtuate that power which (he feels fhc hath,
fo as to eftablifh her own fyftem, and to
change the fyftem of Europe.
I will not lofe time, in an ufelefs wafte
of words, by attempting to prove the ex-
istence of this fa(fl. The rapid progrcfs of
events at this crifis will not wait for fuch
trifling. The only thing which can be
ufeful to the world is, to examine what the
precife change of fyftem is ; what will be
the general confequence of fuch change j
and with what fpirit, and by what conduct
the advancing ftate of things (hould be
met.
If the Powers of Europe will view the
ftate of things as they do really exifl, and
will treat them as being what they are,
the lives of thoulands may be fpared ; the
hsppinefs of millions may be fecured j and,
the peace of the whole world prefsrved.
If they will not, they will be plunged into
a fea of troubles, a Tea of blood, fathom-
lefs
i:
I
i
;l
;i
. [ 6 ] ■
Icfs aod boundkfs. The war that has be-
gun to rage betwixt Britain, France, and
Spain, which is almoft gorged betwistf
Britain and America, will extend itfelf to
all the maritime, and mod likely^ after-
vr.afds, to all the inland powers of Europe :
and like the thirty' years war of the fix-
tp^nth ai>d, feventeenth centuries, will not
end, but as that did, by a new and general
yefettleijient of powers and interefts, ac-»
cpr4ing to the new fpirit.of the new fyften>
which hath taken place. Why may no^
aU tjiis be dofie by a Congrcfs of all the
Poiycrs before, as vvel) as after war ? If
the Powers of the prefen^ world fought for
^pmipion by extirpation, then war is the
proper engine : but if they war in order
to treat for fettlements of power, as has
been long the fyftem of Europe, then is
war a wanton, clumfey, ufelcfs cruelty.
The final iffue of the conteft in the final
fettlement of po'v-r at a peace, is feldora
(I think never) in proportion to the fuccef^
of arms. It depends upon the interpofitiort
©f parties, who have not, perhaps, meddled
with the war, but who ^ome to the treaty
fo^
1 ■■-?'-■ « •!'
f 7 ]
ifcr peace. This ihterpofition, brotHglit
jforward by intrigue, moft cottihibnly'Whh
the aid of jealoufy, doth countetad by^hc^
gociiation the envied effeds of 'arms. If
thbfe who goverri in Europe will look batk
to former wars, attd will corifider -the vi<tlWs
with which fuch were iindertak6ni will 6b-
f jrvc the progrefs which they itiadc, ^lid
the iffue in which they terminated. If
they will examine the various fyftems "plifi-
ned for the enlargement of dottiShion,' iiAd
the various ftrugglcs under th'ofe plans,
which have agitated their corner of the
world, and will weigh the eff^iSt of thefe
with the various forms of oppofitiori^^hifch
hath teen made to, and hath ^rrefted rheir
progrefs, they will find, that negociation,
and hot war, determined thcfe points.
The Britons have been primeures' ih -poli^
iics, they have forced and brought fofvVai-d
the prefent rifing iyftem into event and
cftablifhment before its natural feiiibn.
They might, with that addrefs whith prin-
ciples of truth and benevolence, deriving
through conamon fenfe, diredt, have fecur-
cd the attachment; and retained the filial
a- edience
!ii
1^-
1 ,
i
obedience of their plantations for years to
come (as the Spaniards with their caution
will do ;) but it was unfortunately for them^
a principal part of the miferable, bafeleis
plan of their inexperienced advifers, the coii-
Jidential counfcilors (in a general propofed r^r
form of th^ir King's government) to reform
the conftitulions or their American efta-
bliiLments. Although they could not be
ignorantj) although they were not unin-
formed, that the courfe of this reform mufl
lead to war, yet having fettled in their
own minds an over-weening idea of the
force of arms, they thought it no bad move,
if they ihould (like giving check-mate at
chefs) force the Americans to have rccourfe
to arms. Conquei?:^ of which they made
themfeb'es fure, and fettlemcnts in confe-
quencc of fuch conqueft, in vvhich they
would not fufpeft any other Power could
interfere, would give them the proper right
and proper power of altering the eftablifh-
ments, and of giving them juft v, hat con-
ftitutions they thought fit; fuch as that
given to Quebec, in the example of a con-
quered province held by arms. But, alas !
when
19]
whien they were fo ready for war, they little
thought, or could be ma^e to underlland,
what fort of a war it woiilti turn out ; arid
much lefs would they believe how mahy
other circumftances of pcrfons arid things,
belidts the op6ration of their arms, woufd
interpofe, and become part of the bufiricfs,
before it camr to the ifluc of a fsttliemcnt.
•In like manner, none of the Flowers of
Europe, and, I believe, very few of the
moft knowing politicians have confidered
in a general view, the cfTe^k of the pre-
fent combination of events, or what cffedt
it is likely to have, on the general fyftern
of European politics : artd yet there is one
thing palpably certain ; that, on whatever
ground the prefcnt war between Britain
and the Houfe of Bourbon may Tet oiit, or
in whatever line it takes its courfe; tVikt,
however long, to their mutual ruin, they
may continue the «;onteft, by which f;hey
hope CO decide, to v/hich of theiii as dUies,
fader e inequdi^ the Americans (haJl be-
long, the Americans will belong to
neither. The Powers of Europe, virlio will
become paitics, before thefe affairs come
B to
ECU
;.;- ff^^-'t-i ■■
- fi^^::'"*:-:^^ ■'-"!"'■:''-' <^''[-isrv'
!■!.
[ '° J .
, to the ifluc of peace, will coiKur in no
, other final fettlement, than that thefe States
are an independent fovereign Power, hold-
ing a free commerce eq^ually with all. '
In order then to (hew, how thefe matters
which are like to agitate all the States of
Europe, and, if they go to war on this fub-
jedt, to become the fcourgc of the prefent
age, how thofe matters may be fettled,
without going to war, an J will be finally
fettled, whatever are the ruinpus, cruel, an j*
deftrudtive operations, and efforts of arms.
I, a man long withdrawn from bufinefs,
and now, rt this time, from the world,
, will endeavour to lay before thofe whom it
may concern, a view of the European and
American worlds, comparing their relpcc-
tive fyftems in the forms under which they
cxift, and operaic to power.; and from
thence to point out what will be the natu-
ral effedts of the feparation of them, and
of the independence of America actuating
her fyftem, as it may affcdl the commercial
and political ftate of Europe ; and finally to
demonflrate how, if the prefent crilis be
wifely managed, and with a fpirit of good-
will
'r '^ '■<'•■
^■■,ii-r
[ ,1 ]
will to Men, it may be wrought into the
greateft bleffing of peace, liberty, and hap-
pinefs, which the world hath ever yet ex-
perienced in the courfe of its exiftence.
In the fituation in which I find myfclf
detached from all connexions in the in-
tcrefls or politics cither of Europe or A-
merica ; and, as to my locality, in a * me-
ridian between the two worlds, I can look
to cither as I turn to the call or weft :
freed from thofe old habits of thinking, or
rather of prejudging, which an European
is mechanically fettered with, I can, with
the fame philofophic indifference, with
which an aftronomer examines the compa-
rative matter and magnitude of two diftant
planet:, compare thefe two diftant worlds
i.-» their magnitude, fpirit, and power. ' -'
When I fpeak of greatnefs in the one or
( 'h^r, I mean (as Mr. Bacon, the Lord
Vtir Jam cxpiefles it) the amplitude and
gro^jiih of ftates. This fubjedt, the com-'
paring the greatnefs of two continents,
which never came into comparifon before,'
. . < . i» i .
B 2
IS
rv-
• At the Azores,
'tmim
. .;
[ i» ]
is np^ ix^pre npvel in the matter, than I
{hsiU^be thought to be vifionaryin the man-
ner and.argu meat 5 I muft, therefore marcl^,^
here wi^h forrn^l^and , meafured ft^ps.
^fpr^ I enter into thiSj cpmparifon of
the amjplit^de and growth of the ftates of
the old and new woHd* I (h^ll hete pre-
mife, what, the fame noble author fuggefts,
and, hich, in the courfe,of reafonings will
be cx^ :d. ** That in the naeafuring,
and balancing of grcatncfs, too nauch, is
afcribcd . to lar|;enefs of territory on one^
hand : and . on the other, too much to the ,
fruitfulnefs of foil, or abundance of com-
modities." . -r^u-.a..% '..rti^.M...;:,v.v.,r- :■:
Ufnder this , caution premifed, I ihall
ftate firft the mi ural greatne/s of the new
world compared with that of the old.
Cjrcatnefs without connci^ion of parts is
cxpanfe not greatnefs : natural cpnn^dtion,
of parts without an aftuating intercommu-
nion of thofe parts, is enctimbered bulk,
not ftrcngth.^ That grcatncfs of dominions
which hath a nat^ral capability of fyftema-
tic connedion, by an actuating intercom-
munion wbich arifes alfo from natqre, can
alone
■ ' t «3 ]
alone be confidered as that natural gnat"
tiejs which adminifters to amplitude and
growth oi ^2Xt^. .,. ,. ^^
Although the three geographical feparate
parts of the world fcem naturally to con-
centre by thi; Mediterranean fea into a con-
ne(fted communion ; and although when
and while they were adluated by * an ,
effort of wifdom, as extenfive in the
branches, as in the communion, at the,
root,, they were combined into a one domi-
nion J yet that being an effort beyond the
common holding ftrength, beyond the or- ,
dinary refources of human nature, the .
fcale proved in the end too large for either
the fpirit or the arm of Man to extend to. i
It could not but prove to be, in the event, ,.
what it was in the moment of its exertion, ^-
a predominancy of artificial power againft.-
nature, and therefore temporary. The -i
three parts of the old world, Europe, Afia, ..
and Africa, feemto have a natural divifion k
in the natural fcite and circumftances of v.
^heir territory. They are alfo inhabited*,
^nd poff^ffed by three different and diftindk 5.
, • \ ; fpecie^
♦ The policy of the Roman (late.
\\
IPH
"■^-
. >*"-;_.-fcM- I'-Wf-^;'-
,
[ 14 1 • • 1
fpecicsthcofhwman being. They have, there-
f(|Jre, generally by the effect of principles
of nature operating againft the vigour of
man, fallen, in dominion, into their natu-
ral divifjon. North America and South
America are, in like manner, at thejond,
naturally divided into two diftin(5l fyftems,
and will, as naturally, divide into two dif-
tindt dominions. On the contrary, large
as the fcale of North or South America is,
• neither of thefe refpedively, either in the
natural fcite and circumftances of territory,
nor in the people - ' > poffefs and cultivate
them, are fo divi :d. North America (I
ipeak of the predominating inhabitancy)
is pofleffed by the Englifh nation. South
America by the Spanifh and Portuguefe,
'which, in this argument, may be called
one nation. Thefe natural circumftances
in country and people, form each of thefe
diviiions of the new world refpeftively,
into a one great communion, the bafis of
a great and powerful dominion ; ftretching
out its arms and branches over the whole
land, as the fibr "3 of the roots interweave
into, and through, the various combinations
'Of
[ .5 ]
of naturarobjeds, whence they draw their
ipirit of life. . •V;>^^^^
ui There is no where in the European part
of the old world fuch a greatn^fs of intct-
woven and combined intercft:, communicat-
ing through fuch largenefs of territory,
as that in North America, pofrcfTed and actu-
ated by the Englifh nation. The northern
and fouthern parts of Europe, arc pofTefled
by different nations, adluated by different
fpirits, and conduded under very different
fyftems. Inftead of actuating an intercom-
munion by an attradlive, their intercourfe
is at perpetual variance under a repellant
principle ; their communion alfo is obftruc-
tcd by the difficulties of intercourle both
over land, and through the feasj ihty are
moreover cut off, as it were m the middle^
by other intervening nations, whofe prin*
ciples and fyflem are alike repellant and ob-
ftrudtive of free communion. 'i^ }iphii vt^- j
On the contrary, when the fcite and cir-
cumftances of the large extended territories
of North America are examined ; one finds
every thing united in it which forms great-
^ *♦ * ••J'-'
nefs
.srv
i ■
t '6 1
ncfs of dominions, amplitude ahd growth of
Jiate. '■ •' ' : .. •-{ . - . .^u\ io ix-'m
r The nature of the coaft and of the winds
upon that coail, is fuch as renders marine
navigation, from one end of its extent to
the other, a perpetually moving intercoarfe
of communion : and the nature of the ri-
vers which open (where marine navigation
ends) an inland navigation which, with
ihort interruptions, carries on a circulation
throughout the wholes renders fuch inland
navigation but a further proccfs of that
communion s all which becomes, as it were,
a one vital principle of life, extended
through a one organized being.
While the country, by the capability of
this natural communion, becomes thuis uni-
ted at its root j its largcnefs of territory,
expanded through fuch a variety of cli-
mates, produces, upon this communion,
every thing that nature requires, that lux-
ury loves to abound in ; or that power can
ufe, as an inftrumcnt of its adlivity. All
thofe things which the different nations in
Europe (under every difficulty that a dc-
fe^ of natural communion, under every ob-
ftrudion
V'
>.;•,, ft,.-
I _, : i««' .«
{ »7 J
ftrudlioA that ah aftificial and perverted fyfr^d
tdtn threw in their way) barter for in lh»^|| -
Old World, arb here in the New Worl4(>
poffeiled,' under an uninterrupted i^aturaLj
communion, by an unobilrudted nayiga«:|
tion, under an unirerfal freedom of com->.^^
merce, by one nation... .The naval ilores^-i,
the timber,- the hemp,i the iiiheries, thcr
falced^provifions of the North ; the tobaccoat
rice* cotton, filk, indigo, finer fruits, and per-*
haps, 'ih]no very diftant period, the wines,|\
the refin and tar of the Soiidl, form the re-,,,
ciph)cation of wants and fupplies of each»<[
rcfpcdiveiy. Tho bread corft, the ftour* .i
the produce of agriculfcure in every fo]ri^{o£
fiarming, and the feveral eacreaiing airtides :,;
of manufactures, which the middle colonies
produce, not only fill up the conlmunioi>#
but^compleat its fyilem. They unite thof^
parts which were before conncfted, and or- ,
ganiae (as I have faid) the feveral parts ipt^ ^■^■
a one whole. /,.; *m ,^»^ a*
•<i
.• J 4 J i V
..Whether the iflanfds, in thofe pam called
the Weft Indies, are daturally parts ofthis
North' American Communiou, is a qUefUon^
ik\ the dbtaii of it, of curious fpeculatioQ^
m
i!
! !
< !
'II I
I '8 1 A
but of no cloabt as to the fa£t. The European
maritime powers, however, if they can adjuA
their refpedive intereils in thofe parts ; i^ >
they will form a balance of power there on
thofe interefts j if they can fettle any fyftcm
of reciprocal fupport of that balance ; may
certainly, by efForti of force, for fome years,
perhaps for an age longer, prefcrve the pro-
perty and dominion of thefe iflands. But if
their quarrels amongft each other refpeding
North America, or the European ihifting
of the balance, mak6 them obftinately deaf to
their mutual interefts in thefe parts, ** The
•* whole of the Spanilh, Dutch, Danifh,
"French, and Britifli cftablifhmcnts, indif-
" folubly bound in an union and commu*
*' nion of a one general compofitc intereft
«* with North America, and forming the na^
•* tural connections under which their mu.
** tuil interefts fubfift, muft in the courfe
** of events become parts as of the communion,
** fo of the great North American dominion,
•'•* eftablifticd on the bafis of that union."
'Although no external iymptoms of reVolu-
fibn in South America do at prefcnt make it
anjF-part of the fubje^ which I offer to
'^* confider^tion,
1 i
£ «9 ]
rconiider^tlon^ yet it may not be amirs. to
; inquire into thofe internal circumftances of
.its natural and political fyftem^ by which it»
>. Communion has amplified, and works to
• independency and the growth of ftate.
.f:: Jhe continent of South America has jdill
^^inore amplitude of bafis, in more variety of
climates* than North America, and is much
: farther adv^ced to a natural independence
rof Europe, as io its Jlate of /uppfy, than
]?|he pQwers oi Europe do fee, or at Iqafl:
vowiif or than its own inhabitants, fpeak-
ting of them generally, ace themfelves con-
ricipi^s of. This continent, not only from
tho great extent of* latitudes under which it
; lies, .but from the great variety of climates
, , that it experience * under the fame latitudes ;
from the abundance and variety of articles
.of iiipply which thefe different climates
r produce; ; from the regular, uniform, and
, aAive marine communion, by which a
< compl^i^t i;ecipro(;^tion of mutual fupplies is
f circulated from North to South, is alfp formed
■ into onefyftcn^ of communion) the germ of a
c great iadepcndent dominion ; that l^as taken
•H<J/
C a
root.
• li
!
^ I
•[ to ]
root, 18 every day ftriking deeper, and more
' expanded fibres ; and is every day, by the
vigour of natural vegetation (if I may fo ex^
prefs myfelf) putting forth its extended
breaches, and is growing oceulto velut arbor
avo, into the greateft amplitude of com-
munion, and of dominion founded thereon*
which this earth hath ever yet feen, China
perhap alone excepted. Agriculture in the
elevated parts of this country, nearly the
fame as other the perfectly cultivated parts
of the world adtuate.; has taken place, and
is in progref]^ve motion to the moil varied
and extenfive operations. Thefe parts afford
not only abundance for home confumption,
Sut afurplusfor exportation. The articles of
this export are wheat, flour, barley, wine,
hemp, tallow, lard, fu^ar, cocoa, fruits,
fweatmeats, pickles, naptha, oil, cotton,
&c. This progrefs of agribulture hath, in
the true courfc of nature, called forth, even
from the hands of Indians, manufa<5tures
and trade, the roots which fupply a moft
extenfive circulation of commerce : Cord-
age, failcloth of cotton, woollen and linen
cloth* hats, leather, and particularly fole-
leather.
t'ti
r 81 1
leftther, fiance/ inftrfimoiits of hulbandt^^
to*ls of mechanics; andi*^ io (h6rt, cvcrf
thing \vhich the advancing cultivation of
man's bring calls for, from thcfe articlesr** ^
' As the markets, population^ and' culture of
the feveral provinces of the kingdom of Ghi^
(advancing with acceleratcd> • th</' not groat,
velocity) (hall mutually encrebfe each oth^
The produce of thcfe higher latitudes and
cooler climates will enter into the great fyf-
tem of intercommunion of fiipplies, and will
complejit the weflem fide of South Ime^
rica, poiTelTed by one nation, into an objisdb '
of as much greater magnitude, in adivlt)^,
wealth, and power, than the English nation
poflefies in North America, as it is greater
in the variety and extent of its internal com*
munion. BcUdcs which it will haVc ^n un- *
tminterrupted intercourfe of Eaftl Indiflf^
commerce.-^ **1'''^'^"'^'-'> h^rttlpf^ ^it'^r^^.r •?
" If any accident ihould happen to abate,
or give a turn to, the caprices, luxury, arid
vanity of a rich people, who have notbirig
to do but to fpend their money, there is not
any one article which-I can rccoUei^, necef-
fary to^ thc'moft advanced ftatc of life, <which
they,
.»'*
i
•" . I (HI 11
^ma
t « J
they have not, or may not have, within
themfelves. Look back and fee if this flate
of the country is not fo far forth naturally
independent of Europe, as to all fupply and
fupport of its cxiilence; I will here add,
much more fo than North America is.
The communion in North America has
not as yet gone into ^lh aSlive ftate of manu-
factures, nor will it for many years to come.
J^nd yet, on the other hand, although North
i. .nerica is not fo independent of Europe in
the matter of its fupply and commerce, as
South America is, yet being more fo in the
Ipirit of its people, in the oeconomy and ad*
Tance of its political community, it has^
with the forcing aid of the government of
its metropolis, become the fir/l^/ruit of
thofe who flept, and has only jirji feparated
from the old world. South America is not
yet in its natural courfe, ripe for falling oC;
nor is it likely, from the flow^ official, cau-
tious prudence of its metropolis, to be forced
before its time and feafon to a premature
revolt^ ae North America has been. As
long as the Spaniih monarch proceeds in ad-
miniilring the aBfairs and the government of
itc
m
Its American edablifhmenU. with ihe tem*^
per, ad'ircis and wildom which it obfenr^
at prelent, an indolent, luxttrioOj fuptr^
ftitious people, not much,, (though mud^
more than the public in general . fttlpiBid^^)
accuftomed to think of political arrange-
ments, will continue in a certain degree of
rubje&ion to government, and in a certain
degree of acquiefcence to commercial cc«
ftriSive regulations in their European infer-
courfe, for the fake of a reciprocity of wl-
vantage, enjoyment, and prote^Uon, whl^b
they derive from it. Not being yet ^or*
denedinto a temper for enter^rize by force ff
war, they wi|l continue to pay their taxes
as a pea^e'offeringi But the natives en-
cre iing in numbers, beyond any propoftippi
of ^h£ number of Old Spaniards, which the
metropolis can fend either ti civil goveriif"*t
and magiftrat^s, or as (oldiers ; having the
executive power Qf all the inftrior magif-
tracies In their own hands* by their own
election of the magiftrates ; a«d having in*
variably, where their choice operates, a de*
cided fule to choofe thefe of their own body i
they have, fo £(r as tha.^ goes, all the power
' *W9-*'l''^Mmll^
\-v- -■■, ■^,-^'-
■-fi^\z->*," v-?^-,-
fi-
ll ffil
i
*«,
£/* iftiefnal government in their own hands 9^ m ':
which the maj«f)y of theibvereign powvv ,
never interfieres ; and whatever fovereignty ^
^e Spaniih monarch holds by the offices of
his viceroys, of his judges;* nof hisaudiencis8»
his.clergy, or his army, however majeftic
they may loolc, or however it may appear
to individuals, and, in particular exertions*
carry terror: it is a mere tenure at geod^wi/L
A great country like this, where the com*
mvnity has fo far advanced in agricultiire,
manufa^ures,^art$,aitd commerce, wherein
there is fuch j/»^^^i? md growth offiate. Is
every day growing too large lor any govcm-
inent in Europe to manage by authority, at
the dlftance of four or five thouland miles.
And as to the idea of power by force, I will
life Mr. Bacon, the Lord Vcrulam's expla*
nation cf it ; ** There be, (faith he) two
** manners .of fecuring of large territones ;
'* the one by the natural arms of every pro«>
** vinee ; and the other by the protecting
*' arms of the principal eftates ; in which
*< latter cafe, commonly the provincials are
held difarmed. So are there two dangers
y incident unto every eftate, foreign inva-
flOR*
€f
tt
ft
€f
** fioii, and inward rebellion. Now, fuch
** is the nature of things, that thefe two rc-
** medies of ftate do fall refpeftively into
" thefe two dangers, hi cafe of remote fro*
** vinces: For if fuch a ftate reft upon the
natural arms of the provinces, it is fure to
be fubjedt to rebellion or revolt ; if upon
protedting arms, it is fure to be weak
againft invafion." And I will venture to
add, weak and inferior to the internal power
of the province, which muft of courfe pre-
dominate. The Spanifli government knows,
that they, as well as the Englifli, found
themfelves under the nece/lity of repealing;
an arrangement of revenue which they had
made j becaufe they felt that they could not
carry it into execution by authority ^ r d they
fo rightly underftood their ftrengtli, as to
know that it was notfafe to urge it by force.
It is alfo very well known, that the difputcs
between the Spanifti and Portuguefe courts,
about the boundaries of the Brazils and the
Spanifli provinces, arol'^; from their not being
able jointly to carry into efFe£l: a pacificatioi)
on the cafe, becaufe there are Powers vx
thofe countries, who would not be bound
by the decilions of a government, whofc
%
D
laws
I
■^ 111
1.
ii) I
ill
rl
t «6 ]
laws are of no authority with them,
when oppofcd to their fyftem. The powers
I mean, are the governing authority of
the miffions at Paraguay. This is exact-
ly and precifely the ftate of the cafe
between the metropoHtan government of
Spain and its provincial e(labli(hments in
South America. I could, by a detailed
defcription of the nature of the country j of
the application of the labour of the inhabitants
to its capabilities ; of the ftate of the commu-
nity as it lies in nature, and as it is actuated; all
compared with the conflitution and adminii-
ilration of the government which is efta-
bliihcd there j with the fpirit of the people,
both Old Spaniards, Creoles, and Indians,
ihow that South America is gfcwing too
much for Spain to manage j that it is ift
power, to be indepcndant, and will be fo
in adf, whenever, and as foon as any occa-
fion fliall call forth that power. When-
ever fuch revolt take^ place, it will not be
after the manner or in the form of that of
North America. North America build-
ing on the foundation of its dominion
as it lies in nature, has become a Deraocra-
tick or Ariftoci atick Republick. The falling
pff of South i^meriga will be coi)dv»»'aed,
m
f.ii
[ 47 I
in ks ndtHral progrcfs, by the fpirit of fortic
injured enterprizing Genius, taking the kad
of a fenfe of ahcnation and of a difpofition of
revolt, to the eftablifhment of a great Mo*-
narchy. But all this is befide the fcope of
this memorial, and would become of itfelf
a long memoire. I (hall proceed therefore
to confider only thofe operations which arc
in event, the amplitude and growth of Jiate
in North America, fo far as the ftatcs and
whole political fyftem of Europe may be
affedted by it, or concerned in it. I have
ftated this natural greatnefs, as it is found-
ed in an union of a communion. The
civilizing aiftivity of the human race, is
what forms the growth of ftate.
To balance the comparative progrefs of the
growth of this Jiate vfixh thofe of Europe, fo as
to obtain any jufl idea of a fubjedt, even yet
fo little underftood, it wiir be neceifary to
take a view of this civilizing aSlivityy in the
fources whence it derived upon theold world;
in the line its progrefs took, and in the de-
fective eftablifliments to which, even in this
enlightened age, it is but yet arrived : and,
to compare that with the progrefs and eX»
tended fcopc of a very different civilizing
D 2 activity,
I 28 ]
adivity, operating with rapid and accele-
rated motion in the new world.
When the fpirit of civilization began firft
in Europe, to emerge from that chaos of
barbarifm and ignorance, which the Nor-
thern invaders, like an overwhelming de-
luge, had fpread over the face of it ; the
clergy fent from Rome, as miffionaries
amongH. favages, were the blind leaders to
light ; and the felnlh feudal Lords, the pa-
trons of liberal emancipation. Under fuch
aufpices, what light, what liberty, what
civilizatioi ! The inftrudion (^ the firft,
derived through a perverted channel of
learning, from a corrupted fource of know-
ledge, which being diredted not to ihforA),
but to fubdue the mind, was more perni-
cious than the darknefs of ignorance, than
the aberrations of barbarifm*. The kind
patronage of the latter, was the benevolence
of a grazier, who feeds and fattens bis
cattle, in order to profit the more of their
fleeces, hides, and carcafe. The inftruc-
* Si ad fru£tum noftrum referemus, non ad illius
commoda, quern diligimus. Prata & Arva & pecu-
duni greges dltiguntur iflo modo, quod frwAus ex iis
captunter. Cicero de Nat. de. Lib. i. p. 44.
tion
t 29 1 '
tion of thofc teachers was the didatcs of
authority impofed npon mere cataccumcnSj
homines dedititiis, Thcip learning was didac-
tive, not as that of the new philofophy and
new world is, induftive: their knowledge
was a mere paffive imprcffion of maxinre
and principles, which, though neither ex-
plained nor reafoncd upon, being reiterated,
became opinion?, formed into fyftem, efta*-
bliflied in inveterate habit. The people
held, did not pcffefs, their knowledge, as
they did their lands, by a fervik tenure,
which did not permit them to ufe or im-
prove it as their own. They were fettered
by authority, led aftray by example, and
under a felfifh felf-oblnudting fyftem, wafted
every power of activity in unavailing labour:
fuch was the fource of civilization in Europe.
In order to view the two lines of its •pro'^
grejs in Europe and in America, it may be
proper to mark and draw, as far as may be
done, a third line, to which both have re-"
fcrence in the comparifon, the right line.
In the natural progrefs of this civilizing ac-
tivity, the firft movement is, the application
of labour to the culture of the earth, fa as
to
^l'^-
^m
i'il
I.
[ 3» J
to raife by a cultivated, produftion of iti
fruits, that fupply of food which is necef-
fary to the human being in fociety. That
labour which builds habitations, provides
rayment, and makes tools and inftruments^
which the human hand wants the aid of, is
concomitant with this. The market traf-
fic, by which the reciprocation of wants
and furplufTes of various articles in various
hands, may be wrought into a communion
of general fupply, fuccecds to thefe* Indi-
viduals being thus afTured of their fupply,
by an alTurance of the exchange of the fur-
plus, which each is able to create in his own
peculiar line of labour, will foon improve
the craft of their hand, and refine the inge-
nuity of their defigns. Hence, by a further
advanced ftep, arifc, what are properly
called, artificers and manufacturers. In this
ilate of the progrefs of the community, a
general furplus, not only beyond what indi-
viduals, but beyond what the wants of the
community require, is created : and this
general furplus, as it may be exchanged for
foreign articles of comfort and enjoyment,
which the locality and climate of that par-
ticular
I 3' 1
cicular community docs not produce^ ex-
tends and opens a courie to commercial ac-
tivity, which is the next llage in this pro-
grefs.
With a reference to this line, view now
the civilizing activity of the new and of the
old world, each in its fource andprogrefs.
By the violence of the military fpirit,
under which Europe was a fecond time peo«
pled, the inhabitants were divided into two
claiTes, thofe of warriours and ilaves, and
the individuals (each man under their own
clafs) were as of different degrees fo, .of
different denominations. ,
The culture of the earth was conduced
by this latter clafs, wretches annexed to,
but not owners of the foil , degraded ani-
mals that were, as the cattle of the field,
property, not proprietors. They had no
interefl in their own perfbns, none in their
own labour, none in the produce, either of
the earth or of their labour. If they had
been infpired (for they were not taught)
with knowledge, they could have no one
motive to make one effort of improvement.
Moreover, evea thofe who were in fome
degree
I
3»
1
degree emancipated, that is, thofe to whom
their kind Lords had Ictt leafes of their
©wnfelves, were fo deprefTed by various ^
tolls, taillages, and taxes ; by being liable
to DQilitary impte^es ; tnd to the civil drud-
gery, which took them fronj their own pro-
per work, and employed them in that of
thefe Lords and fovereigns ; which wore
and tore their cattle and cattid^ and im-
plements of hufbandry j were, I &y# fo de-
prefTed, that the very beft fpirit of them
could aim at nothing in. the interval but
»bare fuftenance and reft : if yet this unfub-
dued fpirit, working, under fuch burthens,
^ith unabated perfeverance or ingenuity,
ever did by the remnant of their exertions
raife a furplus in grain or cattle : This
miferable race of men were precluded all
ivent and market except fuch, wherein their
Lords wcrcito ahforb the chief profits, even
of fuch furplus alfb. The confequcnce
therefore was, that they never did ^y^-'^^*-
tion raife fuch furplus 5 .accidents of extra-
ordinary feafons, or Ibme of the hidden
fecrets of vegetation, would now and. then
produce fuch a furplus ; but mor^ frequent
accidents
[r 33 3
accidents of the fame kind did occafion a
deficiency and dearth. The police of thefe
great Lords never fuffered the homely wif-
dom of this little adage to enter into their
reafoning, ** ^hat lie who would have a com'
'* petency, Jhould provide enough and a littU
** more'* . - • ' i
The progrefs therefore of improvement
in agriculture was arrefted, and became for
many hundred years flationary. Although
in fome countries of Europe it may feem at
prefent to be progreffive ; yet is the progrcf-
fipA fo little and fo Low that it can give no
ipqm ntam, for ages to come, to amplitude
i^nd growth of ftate» England perhaps ex-*
cepted. But the farmer in England alfo is,
equally as abfurdly as cruelly, opprefTed and
kept down.
The work cf man employed en wood,
iron^ ftone, or leather, were held as parts
of the bafe and fervile offices of fociety;
and fit only for the bondfmen and flaves, to
whom fuch were committed. Thefe artifi-
cers or handicraftfmen therefore were mere
machines in the hands of the moil arrogant
IS well as the moft ignorant of maimers.
E They
J 7 *i5
'A
. 'if
''l
HI
I'
[ J4 1
Tlicy could not venture to make expcri-
ments« or alter the adopted and accuftomed
mode of work : they would have no merit,
nor receive either reward or private profit
from their fuccefs, and they rifqued every
thing in the failure ; fo thefe branches of
mechanicks and art went on for ages in the
old beaten track of the fame unimproved
clumfinefs. ' ' ^
When upon the breaking up of the Han-
featic League and other (hiftings of com-
merce, the Sovereigns, who had long with
envy feen, but never underflood, the profit
and power which arofe from manufactures
brought forward into trgde, began to en-
courage their own fubjefbs, and to invite
foreign ones to edablifh manufadures within
their refpedive Aates ; and, with what they
thought profound policy, to conduct the
commerce of fuch ; civilization then took in
this line of improvement a momentary ftart
of progrefHon. But the wretched condition
under which this profound and jealous poli-
cy held the perfons of thefe manufactures^
the many depreffing, obflruCting, imprac-
ticable regulations, by which it retrained
their
[ 3i ]
their labour, foon gave a retrograde motion
to thefc efforts. The fame policy, however
affecting to give encouragement to thefe
manufadtures, which it had forced into
operation before and fader than the country
was ripe for them, not out of its own puric,
but from the fweat and fudenance of
the landworker, gave the manufacturers a
falfe help, by fetting various aflizes on the
produce of the land, and by various market
regulations, which {lill further opprefled
agriculture. But all this was falfe and
hollow, for, added to all the depreflions of
mind and obdruAions of body which thefe
poor manufa^urers fufFered, there was yet
an adventitious heart-breaking cruelty, to
which even merit was peculiarly expofed.
If ever ingenuity of mind, or an excelling
habit in the hand of any of thefe artificers
or manufafturers, invented /omething new
or operated to fome improvement in the old
line of work j The fame jealous tyrannous
police, inftead of rewarding them, or fuf-
fering them to feek their own reward, con.
dered them, not as meritorious authors of
good and benefit to the community, but as
E 2 profitable
m
I
l!
il
m
ill
C 36 3
profitable inftruments to feed their private
avarice; and inftantly guarded them as ftate
jsrifonerr. The poor ingenious Artilt found
hirrifelf reduced to a Itate worfe than flsLve-
ry, for the ingratitude of fuch governments
embittered even oppreflion. The confe-
quence was, that all further improvements,
here alfo, were arrefted in their courfe. As
though all this v/as not yet fufficient to keep
down all fpirit in the arts, and all progrefe
of improvement, this fyflem of police made
1 3gulations to be obferv*?d and taxes to be
paid on every ihovement of the manufac-
tures after they were made ; on their com-
ing from under the hand of the workman;
on the carriage ; on the expofing to fale •
on the fale ; and on the return, whether in
goods or money. This police, inftead of
fufrering the furplus profit to circulate freely
through the community, where it would
become a growing fource of accretion and
frucluaticD to that community, was intirely
dire(5ted to abforb the whole, beyond the
labourer's hard fuftenance, into the treafury
of the {late. The idea which they enter-
tained of the utmoft perfedlion of the com-
mercial
[ 37 ]
merclal fyftem, vris, that the fiibje£t ftiotild
fell but not buy ; that the merchants might
export the articles of their Work, but maft
import money : and that the ftate muft
have the greateft fhare of it. the whole;
fcope and effort of all their commerci*tl
legiliation, was pointed to arrive as near as
poffible to this imagined perfection. Under
thefe ideas, and under the authority of
maxims, grown inveterate, they took up
the idea of commercial prti ice, and adding
the myftery of politicks tt) the myftery of
trade, began to legillate for commerce.
Hence arofe the attempts to fet up exciufive
property in certain materials of manufafture
and trade, which they called ftaple conimo-
dities: hence incommunicative monopolies in
every fliape that the ingenuity of ignorance
could invent to mock the indullry of its
country with : hence exciufive privileges of
trade to certain perfons in certain articles
and in certain places : hence exciufive fifh-
eries : hence all that nonfenfe, both in
theory and pra(5tice, in which commercial
politicians have taken fo much pains to de-
ceive thcmfelves, about a chimera, called
the
5 < i;
'y
[ 38 ]
;i I
the balance of trade ; hence all the cunning
follies, which rendered their markets almoil:
impracticable to each other ; and hence, to
double and redouble the mifchief, the whole
train of retaliations. Hence reftraints on
exportation, prohibitions againfl importa-
tion, alien duties, high impofts, and a
thoufand other embarrafiing follies, of which
there is no end or ufe. Having thus, in their
ftruggles for profit, deranged all the order of
prices -, having fet out with a falfe balance
of reckoning ; having by reciprocal retalia-
tion, rendered the free courfe and fair com-
petition of commerce, well nigh imprac-
ticable amongft themfelves, they were forced
to look out for fettlements amidfl fome yet
uncivilized or uncommercial people, where
they might exercife this unequal Cpirit of
•exorbitant gain : hence alfo treaties of com-
merce, on unequal conditions of trafiic, with
thofe of their neighbours, whom they could
keep down deprefled by afcendant power :
and hence, finally, the gr^nd and favourite
meafure of eftabliflimg colonies in diflant
uncultivated regions, which, as out-farm»
of peculiar production, might be worked
for
■ tf,.
C 39 ]
forthefole exclufive benefit of themetropolis i
hence alfo that wildeft of all the wild vilions
of avarice, infpiring ambition, the attempt to
render the common ocean an object of en-
clofed, defined, exclufive property, and to
claim a pofTeflion in, and dominion over it.
Thus, through want of reference to the light
of nature, from not feeing and treating
things as what they wercj from a total
inverfion of the natural order of progrcfs ia
the human community; the culture of the
natural powers of the land ; the improve-
ment of the natural powers of man, to the^
end of advancing the community ; the order
and eftablifhments, or rather the liberty^
whereby a civilizing aftivity might operate
to the amplitude and growth of ftates, were
all deprefied or arrefled in their progrcfs.
The very fpirit of improvement was buried
under oppreflion, and all the light (^ genius
«xtingui(hed. Thofe who prefumed to rea-
fon, being fuch as were at the head of the
received knowledge, fuch as had the lead of
the received opinions, and conduced the
policy of the eflablifhed fyflems^ confidered
the fubjedt as a matter fully explored, and
as
i'-i
.:
:i
t'Ji
t
C 40 ]
&9 fjsirdcd iti the fureft and mofl decided
wifdom- Their afccndant authority, whe-
ther they fpoke a$ politicians, or philofo-
phers believing what they taught, diyd
equally lay a dead hand on all examination,
did extinguifhi all attempts of alteration to
improvsment. Moulded by habits, almoft
n^echanical, to think and z&. in the line of
thefe eftablifhed fyftems, efforts of reafoning
did but the more entangle them, in deluiive
means taken, and ineffectual ends propofed.
They did but ftrive againft themfelvcs, to
fave the credit of ignorance, and to fatisfy
themfelveb in the poverty of their know-
ledge. Inftead of following nature to thofe
truths on which profitable labour, progreflive
civilization, population, opulence, flrength,
and the real intereft of th<3ir country might
be cftablifhed, their befl: wit was employed
only to vary old irreverfible mazlms, and to
give new forms to old eflablifhed fyflems, or
at heft by new regulations, to relieve the
interefts of the fubjed^, who could no longer
go on, or endure, under the old ones. But
as the credit and authority of the fyflem is
yet to be kept up, the ingenuity and wit of
thofe
'^ 'T""i'^"
• ,
[ 4« ]
thofe, who pay their court to Power, is
flill employed in finding out new and ftrik-
ing reafons for old maxims, or inventing
fidlions and cafes for reconciling old cfta-
bliihments, to new modes of afling hi
them, which fad, truth, and irrefiftibla
nece;jjity, have introduced in pradllce. If
any genius ever dare to break this fpiritual
fubordination, and to purfue, either in fpe-
culation or pradiice, any new courfe to
truth or adtion j all thofe who lead the
opinions of this fettled world, muft either
affedl to contemn him as a filly vifionary
foolifh, inexperienced adventurer, or crufh
him' as a prefumptuous, turbulent, danger-
ous difturber of the State.
This is the flate of the fpirit of civiliz-
ing ad:ivity, as it hath long dragged on a
feverifli being in Europe, in the old world.
Some tinie or other (and perhaps foon)
events may ariie, which fliall induce the
Governors and leaders of that corner of the
world to revife, to confider, and perhaps
to reform the hard conditions of the im-
prifonment of this civilizing acftivity, and
to give it liberty, free as its native eflence.
In
s* .>
tH
r 4^ ]
In the mean while we will turn our eyeS
weftward. .
:~ In this new world we fee all the in-
habitants not only free, but allov/ing
an univcrfal naturalization to all who
wiih to be fo ; and an uncontroulcd
liberty of ufing any mode of life <$hey
choofe, or any means of getting a live-
lihood that their t*alents lead them to.
Free of all reftraints, which take the pro-
perty of themfelves out of their own hands,
their fouls are their own, and their reafon 3
they are their own mafters, and they adt j
their labour is employed on their own
property, and what they produce is their
own. In a country like this, where every
man has the fall and free exertion of his
powers, where every man may acquire any
lliare of the good things thereof, or of in-
tereft and power which his fpirit can work
him up to J there, an unabated application
of the powers of individuals, and a perpe-
tual ftrugglc of their fpirits, Sharpens their
wits, and gives conftant training to the
mind. The acquirement of information
in things and bufmefs, which becomes ne-
5 ceiliuy
t 41 ]
thofe, who pay their court to Power, U
ftill employed in finding oyt new and ftrik-
ing realons for old maxims, or inventing
fidions and cafes for reconciling old efta-*
blifhments, to new modes of ading in
them, which facfV, truth, ;and irrefiftible
neceflity, have introduced in pradice. If
any genius ever dare to break ihU fpiritual
fubordination, and to purfue, either in fpc-
cuUtion or practice, any new courfc to
truth or adion; all thofc who lead the
opinions of this fettled world, muft either
affedt to . contemn him as a filly: viijonary
fooliflii inexperienced adventurer, or crufli
him as a prefumptuotis, turbulenjt,^ danger-
ous difturber of the State.
This is; the ftate of the fpirit of civiliz-
ing activity, as it hath long dragged on a
feverifti being in Europe, in the old world*
Some time or other (and perhaps foon)
events may arife, which (hall induce the
Governors and leaders of that corner of the
world to revife, to confider, and perhaps
to reform the hard conditions of its' impri-
sonment, and to give it liberty, free as it$
G native
isfltcve eiferiee. In the mean while we witt
tmh out* eyes weftward,
in this new World we fee d\\ the itt-
habkants not «nly free, but allowing
*n univerfftl naturalization to all wh»
wifli to be foi and an uncontcouled
lM}erty of ufing any mode of Ufe they
chooie^ or any means of getting a live-
fibpod that their talents lead them to*
Free of all reftraintis* which take the pro-
perty of themfelves out of their own hands^
their fouls are their own, and their reafon ;
they are their own mafter^, and they adt ^
their labour is employed on their own
property, and what they produce is their
own. In a country like this, where every
man has the full and free exertion of his
powers, where every man may acquire any
fliare of the good things thereof, or ^ in*
tereft and power which his fpirit can work
him up to ; there, an unabated application
of the powers of individuals, and a perpe-
tual flruggle of their fpirits, fharpens their
wits, and gives conftant training to the
mind. The acquirement of information
in things and bulinef^ which becomes ne-
ceffary
r 43 ]
ttSkry to this mode of life, giN^es the mind,
thus (harpened, and thus exercifed« a turn
of inquiry and invfiftigation which fdroos a
charaBer f^ecuJiar to theft people, which
is not to be met with, nor ever did exift
in any other to the fame degree^ unlefs in
fome of the ancient republics^ where the
people were under the fame predicament.
This turn of charadter, which, in the or-
dinary occurrences of life, is called inqui"
Jitivenefs, and which, when exerted about
trifles, goes even to a dcgreie of ridicule ia
many inftances ; is yet» in matters of bufi-
nefs and commerce, a mod ufefal and ef-
ficient talent. Whoever knows thefe peo-
ple, and has viewed them in this light, wiU
confider them as animated in this new
world . (if I may fo exprefs inyfclf) fsjith
the Spirit of the new philofophy, Thc|f
fyftem of life is a courfe of experiments f
^nd, (landing on that high ground of im-
provement, up to which the moft en-
lightened parts of Europe have advanced,
like eaglets they commence the iirft efforts
of their pinions from a towering advan-
tage,
Q % Nothing
■A.
; 1
I
[ 44 ]
Nothing in the old world is Icfs regard-
ed than a poor man's wifdom ; and yet
a rich man's wifdom is generally nought
but the impreflion of what others teach
him : On the other hand, the poor man's
wifdom is not learning, but knowledge of
his own- acquiring and picking up, and
founded upon fadt and nature by fimple
experience. In America, the wifdom and
not the tnan is attended to j and America
is peculiarly a poor mar country. Every
thing in this wildernefs oi woods being to-,
tally diflfertnt from an old world, almoft
worn out ; and every perfon here far re-
moved from the habits, example, and per-
verfion, or obftrudlion, of thofe who affume
the power of diredting them : the fettler's
reafon, not from what they they hear, but
from what they fee and feel. They move
not but as Nature calls forth their adivity,
nor fix a ftep but where ufe marks the
ground, and take the diredlion of their
courfes by that li"!e only, where Truth and
Nature lead hand in hand, They find
themfelves at liberty to follow what mode
they like j they feel that they can venture
[ 45 ]
to try experiments, and that the advan*
tagcs of their difcovcries are their own.
They, therefore, try what the foil claims,
what the climate permits, and what both
will produce and fuflain to the greateft
advantage. Advancing in this line of la*
hour by Juch a fptrit of induSlion, they
have brought forward into culture an abun-
dant produce, more than any other nation
of the old world ever did or could. They
raife not only abundance and luxurious
plenty to their internal fupply, but the
iflands of the Weft Indies have derived great
part of their fupply from the fuperabund-
ance : even Europe itfelf hath, in many
articles of its fupply, profitted of the pro-
duce of this new world. It has had its
fi(h from their fcas; its wheat and flour
from one part ; its rice from another ; its
tobacco and indigo from another 5 its tim-
ber and naval ftores from another : olives,
oranges, wines, and various other articles of
the more luxurious produce, having by ex-
perience been found to thrive, are in ex-
-perimental culture.
If you view this civilizing ipr;rit in its
f ril fimple movements, yoi^ will fee it ai^
ia
b'i:
II':'*"
it:
r 46 1
io its £f(l infancy, Co attaching itfclf to tKe
bofom of the cointnon mother Earth, as
the infant hangs qpon the bread of its
naiural mother. The inhabitants, where
nothing particular diverts their courfe, ar€
all landworker^. Here one fees them la-'
bouring after the plough, or with the fpade
9nd hough, as though they had not an idea
beyond the ground they dwell upon; yet
is thtir mindv aU the while, enlarging all
its powers, and their fpirit rifes as theijF
improvements advance. * He, who has ob-
ferved this progrefs of this new-world, will
know that this is true, and will have ktn
many a real philofoph^r, a politician, or a
warriour, emerge out of this wildernefs, as
the feed rifes out of the ground, where it
hath lain buried for its feafon.
As in its agriculture, fo in thofe mer*
chanick handicrafts, which are neceffary
to, and concomitant with that, the new
world hath been led to many improvements
of implements, tools, and machines : a
deficiency pf many of thcfe, an inaptitude
in
* I hope no 01^ will (o mirui^derfland this, as to take it fof
a fancy-drawing of what may ke ; it is a lineal and exaft por<j
trait of what actually exiAs. Editor.
[ 47 1
in many of thofe, which they arc able to gttp
has put thefe fettlers, many times to thck
ftiifls ; and thcfc (liifts ire experiments.
The particular ufe which calb for fome
fucccdancum, or for fome further zknn
ration, leading experience by the hand to
improvement, hath opened many a new
invention. While this fpirit ofthusaiuly^
fing the mechanic powers, with the fdlo
and fimple view to eifedt (ia£ead of plod^v
ding on with a mere mechanical habits o^
old implements, tools, and machines, ge*-.
nerally clumfey, and oftentimes inapplic9r-.
blc) hath eftabli/hed a kind of infiauratkm
$f Jcience in that branch ; more new
tools, implements, and machines; or rs^-
ther more new forms of fuch have been.
thus invented in this new world, than were
ever yet invented in the old, within the^
like extent of country in the like ipace of
time. Many inflances of this faft might t>e^
here fpecified in the higher, a^ well a& ii^
the common, diurnal mechanics.
This new world hath not /et turned its
labour into the aSiive channel of arts and
manufadures ; becaufe by employing that
labour
^
I 48 1
labour in its owa natural way, it can pfd-*
duce thofe things which purchafe fuch ar^
tides of arts and manufa£tures> cheaper than
a country not yet ripe for thofe employ-
ments^ could make them. But although
it doth not manufadlure y^r j/&/^, the fet-
tlers find intervals and fragments of thne^
which they can fpare from agriculture, and
which they cannot otherwife employ, in
which they make moft of the articles of
peifonal wear and houfhold ufe, for horns
confumption. When the field of agri-
culture fhali be filled with hufbandmen^,
and the claffes of handicrafts fully ftocked s
as there are h'^re no laws that frame con-
ditions on which a man is to become en--
titled to exercife this or that trade, or by
which he is excluded from exercifing the
one or the other, in this or that place ; as
there are here no laws that prefcribe ths
manner in which, and the prices at which,
he is to work, or that lock him up in that
trade which it has been his misfortune to
have attached himfelf to j aknough while
he is ftarving in that, he could, in fome
other line of bufinefs which his circum-
ftances
t 49 J "
ftsihces point out, and his talents lead him
to be ufeful to the public, and maintain
himfelf j as there are none of thofe op-
prclling, obftruding, dead-doing laws here:
the moment that the progrefs of civiliza-
tion, carried thus on in its natural courfe,
is ripe for it; the branch of manufac-
tures will take its (hoot, and will grow and
increafe with an aftonifhing exuberancy.
Although the civilizing adivity of Ame-
rica does not, by artificial and falfe helps,
contrary to the natural courfe of things,
inconfiftent with, and checking the firft
applications of, its natural labour, and be-
fore the community is ripe for fuch en-
deavour, attempt to force the eftablifhment
of manufactures : yet following, as Ufe and
Experience lead, the natural progrefs of im-
provenient, it is every year producing a fur-
plus profit i which furp'us, as it enters again
into the circulation of produdivc employ-
eieni, creates an accumulating accelerated
progreflive feries of furplufes. Wif^ thefe
accumulated furplufes of the produce of
the earth and feas, and not with manu-
faSlures, the Americans carry on their com-'
H mcrcial
( 5» J
jW^reT/W/ exertions. Their fifti, wheat, floury
rice, tobacco, indigo, live ilock, barrel pork
2nd beef (fome of thefe articles being pe^
culiar to the country and ilaple commodi-
ties) form the exports of their commerce.
This has given them a diredt trade to Eu-
rope s and, with fome additional articles,
3 circuitous trade to Africa and the Weil
Indies.
The fame ingenuity of mechanic handi-
craft, which arifes concomitant with agri-
culture, doth here alfo rife concomitant
with commerce, and is exerted in ship-
building: it is carried on, n<A only to fervc
all the purpofes of their own carriage, and
that of the Weft Indies in part, but to stn
extent of fale, fo as to fupply great p^rt of
the fliipping of Britain ; and further, if it
continues to advance with the fame pro-
grefs, it will fupply great part of the
trade of Europe alfij with fliipping, at
cheaer rates than they can any where, or
by any means, fupply themfclves.
This their commerce, although fubfift-
ing (while they were fubordinate provinces)
under various reftriitions, by its advancing
pro-
[ 5' ] -
progrcfs in Jhip- bull ding, hath been ftrik*
ing deep root, and is now (hot forth an
a^i^e tommerce, growing into amplitude of
Jlate and great power.
Stating the ground on which an o!>jec-
tion is made to this defcription of the im*
proving commerce of America* will open to
view another extraordinary fource of am^
plitude and gr'owtb of /late. It will be faid,
that the faA of the balance of trade, being
at all times, and in every channel, 6nally
^ainil America, fo as to draw all the gold
and iilver it can colle<ft from it, is but a
damning circumdance of its progreflive
advance in commerce and opulence. In
the firil place, is it not a fadl, that Ame-^
rica ^even while partitioned out into de-*
preiicd and retrained provinces) has car-
ried on all its advanced culture in a pro-
grefs to great opulence ; and has it not been
conftantly extending the channels of its
trade, and encreafing its (hipping ? There
is not a more fallacious and mifguiding
maxim (although it has been adopted in
practice, and even by commercial nations)
the general balanae
of judging
!i}:V^
H 2
of
II
lamm
'.'?77":
i
I
if
. [ 52 ]
of profit in commerce, by the movements
of that one article of it, the precious metals^i
This metallic money, as the traffic of the
world is generally conduced, is an article
as neccfl'ary to go to market for, as any
other article whatfoever. In the general
circulation of trade, it will always, as any
other af tide of commerce doth, go to that
country which pays the mod for it. Now
that country which.^ on any fudden or great
emergency, wants mOncy, and knows not
how to circulate any other money than the
metallic, muft pay the moft for it. Con-
lidered under this idea, the influx of this
article into a country, inftead of being the
fymptom, or confequence, of the balance of
trade being in favour of that country j or
the efflux being the mark of the like ba-
lance, being againft it, may be a faft in
proof of the contrary. The balance of
trade, reckoned by the import or export of
gold and filver, may, jn many cafes, be faid
to be againft England, and in favour of thofc
countries to which its money goes. If this
import or export was really the cfFeft of a
:^aal fettled account, inftead pf being.
as
J
mmmm
j-,N-«^;:\ ".,"■■«!" ^^T
t 53 ]
as is generally the cafe, only the car-^
rying and deducing of this article to or
from fomc open current account, having
further reference; yet would it not be a
mark of the balance of trade. England, from
the nature of its government and the exten-
iivenefs of its commerce, has eftablilhed a
credit, on which, on any emergency, it can
give circulation to paper money almoft to
any amount. If it could not, it mud, at
any rate, purchafe gold and filver, and
there would be a great influx of the precious
metals. Will any one here fay, that this
ftate of its circumftanccs is a mark of the
balance of trade being in its favour : but,
on the contrary, having credit from " o-
grcfllve balance of profit, it can, /e- n
fuch an emergency, fpare its gold and ulver,
and eyei^ make a profit of it as an article,
of commerce exported. Here we fee the
bab.nce of profit creating a credit, which
circulates as money, even while its gold
a^d filver are exported. If any particular
(event, as for inftance, the late one of the
recoioage of the gold in England, which
fcalled in the old Qo'm at a price better than
that
• /'T- -
' ^ fe- 11
\; ^ r
'> it"^'.' f-*: 'T' -t't ,.,-■-■ ■■".ff.'-.v ■•••■^ .:^v V, ■.Tti..^,;''*-'iSi[*..jv.''- ■ -•V 7r"ir,''>'5Ti'"i, "^5 ,"'""»■' '■'.'r^-'i'y::-''/ ,' ;'■
■1", r -^.i-..
[ 54 1
that :|t ivhich it was circulating abroad,
ihould raife the price of this {Article in Eng-^,
land* it will, for the fame reafon as it
went out, be again imported into England;...
sot coming as the balance of their accounts,,
but as the article of trade, of which the
beft profit could at that moment be made.
The fa(ft was* that at that period, quantities
of EngliQi gold coin, to a great amount,
were adually imported into England in
bulk; and yet this was no mark of any
fudden change of a balance of trade in fa«
vour of that country.
The balance of trade, reckoned by this
fallacious rule, has been always faid to be
againft North America alfo : but the fa£t
is, that the government of that country,
profiting of t creJu afifing from the pro^
gr^five improvements, and advancing com--
merce of it (which all the world fees, or it
would be no credit) hath, by a refined
policy eilablilhed a circulation of paper-
money to an amount that is ailpnifhing ;
that from the immenfe quantity it iliould
depreciate* is iioxtiing to this argument ifor
i$
f 5J ]
ie has had its effn^. The * Am^Hcans, th?fe-
fore, as well as England, can fparc their
gold and filver, can do without it. The
efflux, therefore, of the precious metals,
is no proof of its being a balance againft
them. On the contrary, they being able
to go on without gold and filver, but want-
ing other articles, without which they could
not go on, neither in the progrcffion of their
improvements, in the advance of ihcir com-
merce, nor in the condudt of their war mat-
tersi the metallic money is in pan hoarded, and
in part goes out, and thofe articles of more ufc
to them are imported. Does it not then turn
out to be a faft, that tliis objedion, which
is always given as an -j- inftancc of weaJcncfs
in America, under which fhe mud fink,
turns out, in the true ftate of it, an In-
ftance of the mojl extenfive amplitude and
growth
* My information fays, that there is now locked up in Ame-
rica more than Three Millionst Englifti money, in gold and
filver fpecies, which when their Paper it annihilated will come
forth. Editor.
f Would ft not be well for England, if while fhetriumphi
over this mote in her {ifter's eye, (he would attend to the beam
in her own, and prepare for the confequences ©f her own
Paper Money ! Editor.
:'-!
't
. "I*
M
I i6 ]
growth of Jlate, which would not have
been confidered, or even feen, had the ob-
jedioa not been made. ' . m. ^^ ,
I will here, therefore, from this compa-
jifon of the fpirit of civilizing activity in
the old and in the new world, as one fees
it in its application to agriculture, handU
crafts, and mechanics, and finally in an
adive commerce, fpatiating on an ampli-
tude of bafe, the natural communion of a
great country, and rifing in a natural pro-
greflion, venture to affert, that in this point.
North America has advanced, and
IS EVERY day advancing, TO GROWTH
OF STATE, WITH A STEADY AND CON-
TINUALLY ACCELERATING MOTION, OF
WHICH THERE HAS NEVER YET BEEN
ANY EXAMPLE IN EuROPE.
But farther ; when one looks to the pro-
greflive population which this foftering
happincfs doth, of courfe, produce, one can-
not but fee, in North America, that God's
firft blefling, " Bi fruitful and multiply j
replenifi the earth and fubdue it,'* hath
operated in full manifeftation of his will.
In Europe, on the contrary, where a
wretched, felfifh, felf-obftruding policy,
hath
*'~, v?'.r
%/'' -''
"■' .- »
t 57 1
hath rendered barren, not . only fruitful
countries, but even the womb itfelf >; 6i\t'
may fay, in melanchoUy truth, that the
fiffl curfe, •* I will greatly multiply thy'
forrow in procreation ; in forrow (halt thdti^
bring forth children," feems to have bicen*
executed in judgment. That wretched
ftateof the country and people, which hath
rendered fruitfulncfs a matter of forrow,'
and children a burthen, hath arrefted the*
progrefs of. population. The apprehen-"
lions of having a family to fupport when
the poor parents know not where or
how to provide a honie and fuftenance ;
the dread of bringing into the world
(objects £o dear to all parents) who are to
be born in a (late not much better than
Havcry, hath palfied the very idei of mar*
riagc, the fruits of which are to be brought
forth in forrow. * In North America chil-
dren are a blefling, ar? riches and ftrcngth
to the parents -, and happy /; every man that
bath his quiver full of thein. As the nature
I and
* Magnum quidam elt incitamentuni> tolere Hberos ia
fpem alimentorum, majus tamen in fpem liberiatis, in fpem
iecuritatis.
Plin. Paneg. l. ^ 27.
'< !'
f 5« 1
- ■ ■• • ,
and caufes of thit amazing population hath
been Co faliy difcuGcd, and with decide4
defnonftration» explained in <* Obfervathns
€9ncernmg the mcnafe ifmankindt tbt pto^
fUng ofcountrieSf &c,*' I ihall refer thofe
who think it neceflary to purfue this point
of the eomparifon further* to that little
treatiie $ and (hall proceed here to confirm
it by examples of the adual encreafe ilated
in authentic fadts.
The province of Majfachufett^s Bay had
inhabitants in the year
1722— •—94,000
1 742— -- 1 64,000
♦ 1/51—— 164,484
1761— —216,000
^.,„ • 1765 255»500
^771 292,000
1773— —300,000
In the colony of Connecticut the inhar
bitants, at the beginning of lafl war* and
of the prcfent, (lood
1756 129,994
,774 257,356
Obfer/e here, that the numbers, by which
thcfe
* N. £!. A great depopulation, by the fnalKpox and war.
I 59 1
thefe people have thu9 encreafed, are not
aided by any accretion of (Irangers -, but* on
the contrary, they appear lefs than they
would adually be, if all thofe people whom
the colony loft in the courfe of laft war*
and all rhofe who, in very great numbers*
emigrated to the weftward fince the war*
could have been added i as it is, they have
encreafcd nearly the double in eighteen
years. As it may be a matter of curio^ty*
and not irrelevant to the argument, I will
here infert a particular inftance of fecundity
in a family in Connecticut. Mary Loomis
(or Loomax) born at Windfor in Connec-
ticat - - • w ^^ I • 1680
Married John Buel of Lebanon in do* 1696
Died at Li:chfield in do. • - 1768
Defcendants ving at her death : ; : ;s
C . Gr« Cr.ild. Fourth Gcn« .
Child.
Gr
Child.
!•
75
Died bef. her
1
M
«6
if «
...J
13 101 «74. 2Z,
Tot.defcendants JA'i»;« h"de*«b 33«
Died before her 74.,
Tot. en ;r<:'>re born
j^
■%■
'.'.•SO.,.
'/••s
\:y'X
1
IMAGE EVALUATION
TEST TARGET (MT-3)
//
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m^K- *" '^,'*
1.0
I.I
f ,^ ^
I Iffi 12.0
18.
fl
1-25 1.4 1.6
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►
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c*
^?
Photographic
Sciences
Corporation
23 VwEST MAIN STREET
WEF;SV'<R, N.Y. 14580
(7U) >?Ta.4<03
^^
\\
,^ .The Province New YoRit. J k.^; J
^;:^ i!si ^'^774- 182,251.^ .,.,^^^^ .rfj'
t^ ^ The Dominions of Virginia. ' J^'-^
,'c?i> t>d? '1756 i73»3i6 * i^^i^^^'ff''^
:^^r! <?A 1764— ..200,000 'sviirib.noo
U4i5;f%b '1774— —300,000 '•« b^^iL^iiina'
'^-^ ^ ». -, , V • ■ ■ ■^* ■ ' » ' I
'The Province of South Carolina.
fi -., M
tji'-'" <
,, ... 1750-—— 64,000 '\ .. 'A
, 1770— ♦iic.oop .. ^'
. The Colony of Rhode Irlanp. i. i u-}
r. ' ^73'^'- ^5»30* *' >i^
t - *i.-' .1748-9— —28,439. roV!.',.:,:-.^,
A:< there never was a regulated general
militia in Pennsylvania, which* could
enable thofe, whofe buiinefs it was, to get^
accounts of the increafe of population ii| .
|hat province, founded on authentic lifts,
it hath been varioufly eftimated on fpecu-
lation. Although there was a continued
<-J^ '■' ■ " ' --'•■! .V;, • . import •
* Thi; is fuppofed to be be^ow the aAual number, the great
increafe of population beitig, in the back countriei, not then
included in the regulations of the policy. ^ditor.
Imi
em|
thai
N r
virij
olhl
pop
the
oth(
latii
% .>
'■Ml
import for niany years of frith and Forciga
emigrants into Philadelphia (of which I
have the numbers) yet» informed a$ I am,
^that man^^ of thefe palTed through the pro-
yiiice, and fettled either dire&ly, or as
^fdon as their indented iervice expired, in
'other provinces, I think the progrefs of
population may be reckoned here alfo by
the ordinary courfe of procreation, as in
other provinces aid colonies ; and by col-
lating different eftimates, I think' I may
venture t* .fay, that its population, when
I was in the country, advanced ia a ratio
between that of Mafiachufett's-bay and
Virginia. The pity of Philadelphia,
indeed, from circumflances of trade* ad-
vanced with a more rapid motion, of which
fad, the following is, a flatement in broof.
Philadelphia hadin theyear houfes
Inhabitants on eftimatej 1749 2076
from 16,000 tc 1 8,000 J .1753 2300
rr 3^3-8 to 35.Pooi '760 2969^
. . I 1769 . 4474
to fpeak of the population of the country in
general i there were at the beginning of the
war, 1754 and 5, various calculations and efli-
mates
r
I
:^
£*
vv
mates made of the numbers of the people
on the contineat. Thofc who were fari-
I^uine, and thought they could correA the
materials from tvhich theedimate was to|)e
made, fancied they were juiltHed in making
the amount of the numbers of the people
one milliott and a half, Thofe who did not
admit fo much fpeculation into the calcula*
tion, but adhered clofer to the fadts of the
lifls as they were made out, could not Aate
the amount at more than one miHion two
hundred and fifty thoufand. -"'^ ' «* •
The eftimaie of the numbers of the
people, faid to have been taken by Con-
grefs in September, 1774. makes them
3,026,678 5 but when I fee how that ac-
count, from which the edimate is made,
diifers, in many particular articles, from
what I have ventured to ilate as authentic
returns, I am convinced that there muft
have been great fcope of fpeculation taken
and allowed in that eflimate. I have
feen another eftimate which makes the
number, at a later period, after two of
three years of war, 2,810,000. In what I
am going to advance, I am myfelf rather
rcafoning
ft
lit-
•■■'.-• ^ J'-f^ ^\ ■ ' • ,i ■
reatoning upCD ettimate than authentic fa6^»
for I have not fccn the returns of a// the
provinces ; yet from what I have now feen^
compared with what I have known former-
ly» I do verily believe, and therefore ven*!-
ture to fay, that 2,141,307 would turn out
the number neai^eft to the real amount in
the year 1774* But what an amazing pro-
grefs of population is it, which, in eighteen
or nineteen years, has added near a million
of people to A million two hundred and
fifty thoufand, although a war was main-
tained in that country for feven years of
that period. ..,..,. . . . . ^ .
In this view, one fees again the ampli*
tude of the community unfolding its pro-
greflive increafe and growth of State,
beyond any example that any of the
Powers of Europe can brin^ into compari-,
fon in the account.
But morej thefc, numbers are not a
mere multitude of dwellers, fruges confu^
mere natu The frame and model cf thefe
communities, which hath, from the iirfl:
eftabliflmient of lhet:i, always v ken place,
(Pcnnfylvania excepted) is fuch as hath
enrolled
\:
w
tr
■ ''.-x
■. '\
t 64 ]
enrolled every common fubjedt, by the poll*
to be a foldler j and, by rotation of duty;
h^s trained, to a certain degree, a quarter'
part, or about 535,326 of tbefe people ia-
the aSlual ufe of arms^ fo that the country
has this number not feparate from the civil
community, and formed into a diftindt body'
of regular foldiers, but remaining United
to the internal power of the community*
as it were, the nationai picquet guard, aU
ways prepared for defence. I am aw&re,
that even thefe numbers, being the
numbers of a mere militia, will appear
contemptible to the regular Captains
and Generals of Europe $ yet, experi-
ence in fadt hath always evinced that,
for that very reafon, that they are not a fe-
parate body, but mefllbers of the body of
the community, they became a real and
effeSiive national defence, have toes that
are roots, and arms which will bring forth
the fruits of external protection, with in-
ternal fecurity and peace. This eftablifh-
ment is an organized part of the body, and
can be maintained at all times, and even in
time of fervice, at little more expence than
the
.■h
.. J
it.
'.**■
f 6.* 1 ■
fhe ordiriAfy vitat cif dalation fequif^s. Tf hd
>«ij«l' grcatiicfs arid fIt'cngftK of the State arifts
frotrt and ccnMs in tHis ♦ " that every
^i*innk^h fiibje^, by the poll, is fit to make
i foTdier, and not certjiin conditions and
. degrees of men only." I cannot clofe this
jpart of my reafoAing betteir than m the
fentiment in Vt^hich the fame greiat Statef-
man and Philofopher gives his Opinion oil
the matter, ** The true greatnefs of the
State confifteth effcntfally in population of
breed of men, and Where there is valour in
the individuals, and a militat-y difpofition
in the frame of the community J where
all, and not particular conditions and de-*
greeS only, make proffeffion of atms, and
bear them in theit country's defence.*'
Great as this amplitude of the cdmmiu«
fti?:y may be at its bafc j far advanced as it
may be in the progrefs of its civiH^Ihg ac*
tivity i eftablKhed in intereil and power as
it may be by an adtivc ciommeree ; and fe-
curely fortified as it may feem in the union
of its mjKtary fpirit i yet all this, without'
the foul of Government, Would prove but
* Ld. Vcrulam,
\ \
[ 66 ]
a phantom. So far as the vitality of Co**
vernment can animate the organized being,
and fo far as the fpirit of Government cat)
actuate the vr'iW of the whole, fo far, and
no farther, can the amplitude and growth
of the State extend. , , . i-iii
i If the dominions of an Empire be ex-
tended, while, by reafon of a narrovvnefs
or weaknefs in the vital fpring of Govern-
ment, the fpirit of Government cannot fo
extend, as to give vital union to its diflant
parts, or, by an union of will, to adnata
the con/en/us obedientium in thofe remote
parts* the exteniion of the dominions works
not to amplitude and growth, but to the
diffolution of State. Such Government
will call thofe remote parts, external pro-
vinces i and becaufe it hath not the virtue
or the vigour to fo extend the fpirit of Go-
vernment to them, as that, while they
obey the will, they feel thcmfelves vitally
united to it, it will aflume the tone of
Force. But as the natural internal force
will not aa againft itfelf, that is not the
force which Government in fuch cafe can
wfci Government, brought into fuch an
unhappy
. I 67 ]
unhappy cafe, muft attempt therefore to
adt by external, unnatural force fent from
tvithout. But, alas I any force that (even
with violent temporary exertions) it can
fend to thefe extremities (without draining
itfeif at heart) will bear no comparifon with
the natural internal force of thofc pro-
vinces, and can have no efFedt but that of
alienation and dilTolution. When fuch a
cafe exifts, the dominions of an Empire,
which were not too great for a right ^irit
of Government, but which, aduated by that
ipirit, was in a Continual progreflion to aip-
plitude and growth of State, are foon found
too great for the falfe and unnatural fpiritof
Force. Let us here view this world (by the
fatality here defcribed) now feparated and
fallen off from that vital union by which it
was once an organized member of the Eng-
lifh Empire : let us view it as it now is, ah
INDEPENDENT State t^at hath taken
its equal Jiation amidft the nations of the
farthi as an Empire, the fpirit of whofe
government extends from the centre to its
extreme parts, exadlly in proportion as the
will of thqfe parts doth reciprocally unite
K 2 in
,Tr3« I- '-Fi ■
£ 68 ]
in ihat <;pcitcr. Her^ \ye (ball 6nd (as h^th
always been foynid) **ThM iipiverfal par-
ticipation of .council creates r<eciprocAUQja
of univcrf^ obedience, Tbc feat of ^pvprn-
xnent will be well informed .of tlie ft,a,to
and condiiipn of tbe remote and esctreme
pafu i and the remote and extreme part;i^
f?y participation in the UgiH^tme, will froffii
ielfrconfcioufnefs, be informed and f|Ui$fie<i
^n the reafpns an4 nece£ity of the me$^
iVfjes of government. Thefe pjarts will cpn«
$i4er themfelves as adling ]fi pv^ry gr^nt
that i$ niade, a^>d in every tf^ which 15}
HnpoCed. This ponfi^eratipn aloiJjp >yi;U
give «fficacy to government, and will crc-
%tfi that cpnfenfus obedientiumf on whicl^
pnly the permanent power of the impe^
rium of a ftate c^n he founded ; this wil(
giy;e exteni^on an^ ilability of empirp zs^
fgr as it can e^^tend its 4ominions."
Jbh migbf h^'ue been, indeed, the ^n\
qf the pritifli Empire, America being
a part of ix ; ^bis is tbe fpirit pf th? go^
Ycrnment of the new Empire of Americaj^
Qreat Britain being no part of it \i is i^
y^t^it^, )iab]e| inde^d^ tp inany ^ifprders,
i.\ ' \ many
•
man/ '
•
and 1^1
i ^' y
of intc
■ >3
thofc c
,v
infant
%
pepts i
with it
ftitutio
*•
ofilate
To
tainly
ihoufai
that i
globe
is eart]
run its
and re
pronou
whicfe.
•
nurfc i
*•-
&11 4ou
Wh(
plitude
* •
this ne^
■
a£kuate
^her^r
[ 69 ]
wwy dangerous di^ejirea s but it is youn^
and (^ropg, ^qd wiU ftruggic, by the vigour
of internal healing principles of life, againft
thofc evils^ gnd furmpunc theni ; like thq
infant Hercules, it will ftrangle thefe ler-
pent8 in its ^nfip, It9 ftrength will grow
with its years, and it will f (labliQi its con*
flitution, and p{firf?<9 adM^tn^fs in growth
of Hate.
To this grcatnefs of empire it will cer-
tainly arife. That it is removed three
ihoufand miles did^ant f^-om its enemy i
that it lies on another fide of the
globe where it has no enemy ; that i<;
is «arth-born, and like a giant ready to
run its courfc, are not alone the grounds
and reafons qn which a fpe^ulatift may
pronounce this. The foftering care with
which the rival Powers of Europe will
nurfe it, enfures its eftabliihnient beyon4
&11 4ouht or danger.
Where a ftr.tp is founded on fuch am-*
plitudc of bafe as the union of territory in
this new world forms ; whofe communion i«
a£tuated by fuch a fpirit of civilization,
^herc all is cnterprize and experiment;;
where
• t
N «
where Agriculture, led by this fpirit, hath
ipadc difcovcrics in Co many new and pe-
culiar articles of culture, and hath carried
the ordinary produce of bread-corn to a
degree tjiat has wrought it to a ftaple ex-
port, for the fupply of the old world;,
whofe fiflieries are mines producing more
folid riches, to thofc who work them, than
all the filver of Potofi ; where experifncn^
tal application of the underftanding, as well
as labour to the feyeral branches of the me-
chanics, ha'>h invented fo many new and'
ingenious improvements; where the Arts
and Sciences, Legiflation and Politics, are
ibaring with a ftrong and extended pinion,
to fuch heights of philofophic induiflion 5
where, under this bleflfedncfs, Population
has multiplied like the feeds of the har-
veft ; where the ftrength of thefe numbcris,
taking a military form, *'JhaIl lift up itfelf
as a young lion j" where Trade, of a moft
^xtenfive orbit, circulated in its own (hip-
ping, hath wrought up this effort of the
Community to an aSitDe Comment -, where
a;II thefe powers unite and take the form of
cftabliftiment of Empire ; I may fuppofe
that I cannot err^ nor give offence to the
greatcfli
t 7' 1
greatefl Power in Europe, when, upon t
comparifon of the (late of mankind, and o^
the jftatcs of ihofe Powers in Europe, wi^h
that of America, I venture to fuggeft to
their contemplation, that America is grow-
ing too large for any government in Eu-
rope to govern as fubordinate ; that tho
Government of North America is too firmly
fixed in the hands of its own community,
to be either direded by other hands, or
taken out of the hands in which it is :
and that the power in men and arms (be,
they contemned or contemptible, as the
wifdom of Europe may fuppofe) is too
much to be forced at the diftance of three
thousand miles., f .u . v ... ...•„ ^.. ^
If I were to addrefs myfelf to a philofo-
pher, upon a fuppofed adventitious Aate of
the planetary fyftem, and afk him, whe-
ther, if an accretion of matter fhould en-
large any fattellite till it grew into magni-
tude, which balanced with its primary;
whether that globe, fo encreafed, could any.
longer be held by any of the powers of na-
ture in the orbit of a fecondary planet ;
or whether any external force could hold it
; J
thus
;SjX*^;' ■^■.
i 7* i
tlius rcft'rained; he will anfwer me di*
tcQ]y\ No. If I afkthd father of a family,
whether, after his fon is grown up to manf^f
<Jftate, to full ftretigth of body equal to
the parent, to full power of mind and
vigour of rcafon -, whether he csn be held
in the fam*e fubordinate pnpilkge, ^nd mW
fufffer himfclf to be treated, under corrdc-
fion> as aforetime in his childhood ? Tha
father will be fbrry to be aiked the quef-
tion, and be willing to eVade it ; but he
muft anfwer. No. Yet, if I afk an JJu-^
fbpean politician, who Icslrns by hearfay>
and thinks by habit, arid who fuppofes of
courfe that things muft go on, as they
have always gone on i whether, if North
America, groWn up, by a diftindt and in-
dependent intereft in their ceconomy tnd
comrherce, to a magnitude in nature, po-
licy, and power, will remain dependent
upon, and be governed by, any of thtf
metropolitan ftates on the other fide of the
globe; he will confidently anfwer. Yes.
He will have ready a thoufand reafons why
'it muft be fo, although fadl rifes in his
face to the very contrary. There have
been
(jt-o v_"'- f.:-tf»<':
t 73 1
been, and there are, periods in the Hiftory
of Man, when, indead of t&e politician
being employed to find out reafbns to ex-
plain fads, he and all about him (hall be
bufied to invent, or make, faSii, that
Jhall fuit predetermined reafonings. Truth,
however, will prevail, and things will al-
ways finally prove themfelves to be what
they arc. .
What has been here faid is not meant to
eflabliih proof of the FaSi, which is in
event', but fo to explain it, as that the
confequences of it may be fairly and clearly
feen. As to the exigence of the fads, or the
effed of them in operation, it is of no import.
The present combination of events,
whether attended to or not, whether wrought
hy wifdom into the fyflem of Europe or not,
will, forcing its way by the vigour of na-
tural caufes, he found there in all its afcend-
ant operations. Thefe will have their ef-
feds, and Europe in the internal order and
ceconomy of its communities, in the cour''';s,
of its commerce, will be affcdcd by it.
The {latefnrmn cannot prevent its exiftence,
nor refifl its operation. He may embroil
Xf his
,:•*■
-'7;5T-"V'''".; '■ y '^^■^"1
: f?:^ ••■ - " ■" x-uta ■"
r-^
. t 74 J "
his own affairs ; but it will bccpmtf liis hefi.
wifHom and his duty to hk fovereign and
the people, that his meafures coincide and
co-operate with it. '
The firft of the confequcnces is, the EfFeft
which this Empire, in a new and fcparaW
world, become a great naval Power, will
have on the commerce, and perhaps by
changes introduced in that, on ths political
iyftem of the old world. -
Whoever has read and underftands any
thing of the flate of the Hanfeatick
League in Europe, and conlidcrs it's pro-*
grefs, firil by it's poffcffing all the com-
manding articles of the commerce of the
then world, and the commercial command
of all the great rivers through which that
commerce muft circulate j next it*s being
the carrier f the trade of JEurope; and
finally it's forming, on this afcendant in-
tereft, by the means of it's (hipping and
feamen, an aBive naval Fower^ that in
all cafes could attract the intereft of, in
many cafes refift, and even command the
landed Powers; whoever, viewing this,
confiders that this League was made up of
a
I 75 ]
g number of towns, feparate from, and
iinconneded with each other, and included
within the dominions of other Powers and
$tates, of a number of individual towns*
who had no natural Communion, and only
a forcjcd and artificial union amongft each
other ; whoever, duly marking this at the
bafis, follo\ys the progrefs of the power,
not only commercial but naval and politi-
cal, which this League, under all thefe na-
tural difadvantages, eftablifhed throughout
all Europe, will be at no lofs to fee on how
much more folid bafis the power of North-
America ftands founded, how much fafter
and with more rapid increafe (unobrtru6led
with th ofe difficulties which the League
met with) it muft grow up, and to what
an extent and afcendancy of interefV, carry-
ing on the greateft part of the commerccj,
and commanding the greatefl part of the
(hipping of the world, this gtea^ commer-
cial, naval, American Power mufl foon
arrive at. If this League, without having
the natural foundation of a political body,
a landed root, could grow, by an aftive
commerce and the efFcd of navigation, to
L 2 fuch
1
.• ;',•■ ^\l.■|^^y:■^■^. .'.yr-^-tii
[ 76 ]
fuch power as we kt>ow it did poiTefs, and
lifted with ; if this League, of parts feparated
by Nature, and only joined by the artifi"
cial cement of force, could become a great
political body, exifting, as it were vitally,
by a fct of regulations of internal police,
and acting externally with an intered and
power that took a lead, and even an
afcendancy in wars and treaties, what muH:
the States of North-America, removed at
ft diftance of almoft half the globe, froni
all the obilru^tions of rival Powers, having
at it's root a landed dominion, peculiarly
adapted to the communion of conj^merce
and ur^ion of poiver, and already grown up
\ti an almofl univerfal active commerce^
rife up to in their progrefs ? As this
Hanfeatick League ^rcw up to power,
Denmark, Sweden, Poland, and even
France, fought it's alliance (under the
common veil of pride) by offers of be-
coming it's Protedlors. England alfo,
growing faft into a commercial Power,
had commercial arrangements, by treaty,
with it. Jail fo now will the Sovereigns
of Europe, juft fo now have the great
Bourbon
t 77 ]
Bourbon Compad, the greateft PoWer in
Europe, courted the friendfhip of America.
Standing on fuch a bails, and growing up
under fuch aufpices, one may pronounce
of America as was faid of Rome, Civitas^
incredible efi memoratu, adeptd libertaU
quantum brevi creverit,
I mark here iv&at may be in eitentf
from a view and confideration of what has:
been in faSt, merely to obviate a fufpicion
of my reafoning being theory and vifion.
In the courfe of this American war, all
the Powers of Europe (at lead the mari-
time Powers) will, one after another, as
fome of the firft leading Powers have
already done, apply to the States of Ame-
rica for a (hare in their trade, and for a
fcttlement of the terms on which th^y
may carry it on with them. America will
then become the Arbithess of the com-
mercial, and perhaps (as the Seven United
Bcl|,*" Provinces were in the year 1647)
the Mediatrix of peace, and of the political
bufinefs of the world.
. If North America follows the principles
on which Naturp h^th eflabliHied her ; and
if
1 '
.' 1 Hn
"■■■*•:
■m^tm^
I
78 ]
If the European alliances which {he hat
already made do not involve her in, and
feducc her tOj a feric? of Cottdudt dc(trUGiv«
6( that fyflem, which thofe principles lea^
to; fhe muft obfcrve, that as Nature hath
leparated her from Europe, and hath efta-
bliflied her <?/(?»tf on a great continent, far
removed from the old world, and all its
mhroiled intcrefts and wrangling politics,
without an enemy or a rival, or the en-.
fanglement of alliances * **, I. That it is
contrary to the nature of her exiftcnce, and'
pf confcquence to her intereft, that (he
0iould havt any connections of politics
with Europe, other than merely commer-
cial J and, even on that ground, to obferve
invariably, the caution of not being in-
volved in either the quarrels^ or the wars
of the Europeans in Europe. II. That the
real ftate of America^ is, that of being the
^ommon fouice of fupply to Europe in ge-
neral} that her true inter efi is, therefore,
that of being a free port to all Europe
9t large; and that all Europe at large
jhould be T^E couuon market for A-
• merican
• Comm0n Seafe. *
\sm:r;
j',-A'-v.p, ■ r'-I^'" ,-.
tii^tia^n exp'oHs. The true intercft, there-
fore, of America is, not to form any partial
conrlcxions with any part to the exdufioA
ofthereft." '^-^^ «•' - • ' '• ':*-^'
''if England had attended to her own in-
tercft, as connedicd With that of Americt^'
fhc would have known, that **it is thb
commerce, and not the conquciV of Ame-»
rica, by which fhe could be benefitted j"
and if ihe would, even yet, with temper,
liften to her troc intereft, fhe woiild flHl
find, " that that commerce would, in
great meafure, continue with the fame be-
nefit, were the two countries a« indepen-
dent of each other as France and Spain, be-
eaufe, in many articles, neither of them
can go to a better market/*
What is here faid, is fpoken of them, as
influenced under their prefent habits and
cuftoms of life :-r- Alienation may change
all this.
Be thefc Icflcr private interefts difpofcd
of, as the fate of kingdoms determines:
The views of this memoir are directed
only to the general confequences of the
general combination of events.
The
rmC
[ 8o 1
The firft, which in all human probabi-
lity will, fooncr or later, become the great
leading principle between the old and new
world, is, that !N th America will be-
come a FREE PORT to all the nations of
the world indifcriminately ; and will ex-
pert, infift on, and demand, in fair reci-
procity, a free market in all thofe na-
tions with whom (he trades. This will,
(if (he forgets not, nor forfakes her real
nature) be the bails of all her commercial
treaties.
. If (he adheres to this principle, (he mufl
be, in the courfe of time, the chief carrier of
the commerce of the whole world ; becauie,
uniefs the feveral powers of Europe become
to each other, likewife, free forts and
FREE markets, America alone will come
to and ad there, with an afcendant intereft
that mud command every advantage to be
derived from them.
The commerce of North America being
no longer the property of one country only,
where the articles of its fupply were either
locked up, or came thence to market
through a monopoly; .hcfe articles will
come
come
markc
derate
the li
peltry!
[ 8i 1
come freely, and be found now, in all the
markets of Europe at large ; not only mo-
derated by, but moderating the prices of
the like articles of Europe. The furrs and
peltry will meet thofe of the north-eaftern
parts of Europe; and neither the one nor
the other can any longer be eftimated by
the advantages to be taken of an exclulive
vent. Advantages of this kind, on the ar-
ticle of iron, and on naval Jiores, have fre-
quently been aimed at by Sweden j and the
monopoly in them was more than once ufed
as an inflrument of hoflility againd England.
This occafioned the meafure which the
Parliament of that country took of granting
bounties on thefc articles, the growth and
produce of America, which meafure gave
fource to the export of the fame articles
from North America : thefe, when they
come freely to the European markets, co-
operating with the effect which thofe of
Ruflia have there, will break that mono-
poly : for Ruffia alfo, by the conqucft of
Livonia, and the advancement of her civi-
lization, has become a fource of fupply in
thefe fame articles to a great extent. All
* M Europe,
1
: 1
1
xl
1
1; i
'i f\
1
l;i
pppi"
r 1".
'JYtf J/
; Waif
,a«. 4 t » k >.. ■ >< • •. •^».'.i -ft I . . ) . ( -r ,^ ^ _ ,, . _ _ , - ,-,
Europe, by the tnterventton of tot/ Ame»
riean commerce in her markets, will find
the good cffeds of a fair competiiion, hth
m abundance of fupply, and in moderation
of price. Nay, even England, who hath
loA the monopoly, will be nd great lofer on*
this fcore : (he will find this natural com-
petition as advantageous to her, as the mo-
nopoly which, in bounties, and other cods
of prbte(^ibn, fhe paid fo dear for. r .
\ Sbip'buiidingt and the fcience, as well
as art of navigation, having made fuch pro-
grefs in America, fo that they are able to
build and to navigate cheaper than any coun-
try in Europe, even cheaper than Holland
with all her ceconomy can, there will arife
in Europe a competition, at leafl in this
branch of commerce. Ih this branch the
Dutch will find powerful rivalfhip from
that maritime people, the Americans. The
Dutch will alfo find, in the markets of Eu-
rope, a competition in the branch of the
Fijfjeries. , ,
1 life' '•^j ' I ■ ' '' , '1 >
. The rice and the Bread corn wfiicK the
Americans have been able to expert, to an
amount that fupplied.., in the European mar^
ker.
£
[ 83 1
ket, the defed arifing from England's with-
holding her exports, will, when that export
ihall again take place, k^ep down deprefTed
th« agriculture of Portugal and Spain, and, in
fome meafure, of France alfo, if the policy of
thofe countries does not change the regula-
jtlons, and order of their internal oeconomy.
"' The peculiar articles of/upply to be had
as yet from America only, alnd which the
markets of Europe fo much feek after and
demand, will not only give to the Ameri-
cans the command of the market in thofe
articles, but enable them, by annexing af-
fortments of other articles of commerce,
to produce thefe latter articles alfo, with
preference and advantage in thofe markets.
I^crefufeffi, the Jiour, the maize, the
barrelled meat, the live-Jiock, and various
lejj'er articles of fitbjijlence, and the lum^
her, all carried in American thipping to
the Weftrlndia Iflands, diretftly from North
America : the African (laves carried, by a
circuitous trade, in American (hipping alfo,
to the Weft-India markets: the taking
from thence the . melo(res ; and the aiding
thofe iflands with, American (hipping, in
the carriage alfo of their produce, muftevcr
Ma com-
r .
l^fS»i!P<f r^frrpvyfK-T:*
^^ioskss^is^-
Hi! 1
( 84]
t f
command and have the ajceniancy in the
commerce of that part of the world ; if thii
^ afccndancj even ftops here. ' ^*^'' •. n
But to clofc the confidcration of the cf-
fedls which the commercial aSiivity of this
New Empire will have, one may fum up
aU in this, that the cheap manner in which
the Americans can, at prefent, produce
their articles of fupply ; the low rates at
which they can carry them to the Euro-
pean markets, felling alfo their (hipping
there ; the fmall profits at which their
merchants are content to trade, mufl lower
the price of the like articles in the Euro-
pean market ; mufl oblige the European
merchant alfo to be content with lefs pro-
fit ; mufl occafion fome reform of the home
oeconomy of Europe in raifing, and of the
order of Police in bringing to the market,
the native articles of fupply of that Con-
tinent. But further ; thefe people by their
principle of being a free port in America,
and having a free market in Europe j by
their policy of holding themfelves, ** as
they are remote from all the wrangling po-
litics, fo neutral in all the wars of Europe :"
., tei
EJ
'i^ a
, m(
.^
Ji
I I
■[ 85 ]
by their fplrit of enterprize in all the quar-
ters of the globe, will oblige the nations of
Europe to call forth within themfelves fuch
a fpirie, ?.s mud change entirely its com-
mercial fyftcm alfo.
;< But will a people whofc Empire ftands
Cngly predominant in a great Continent j
and who, before they lived under their own
Government, had pufhed their fpirit of ad-
venture in fearch of a North- Weft pafTagc
to Afia, which, as being their own difco-
very, they meant to have claimed as their
own peculiar right : will fuch a pi^oplc fuf-
fer in their borders the eftablifliment of
fuch a monopoly as the European Hudfon's
Bay Company ? Will that enterprizing fpi-
rit, which has forced a moft exteniive com^
merce in the two Bays of Honduras and
Campeachy, and on the Spanifh main, and
who have gone to Falkland's Iflands in
fearch only of whales, be ftopped at Cape
Horn, or not j^afs the Cape of Good Hope?
It will not be long after their eftablifhment
as an Empire, before they will be found
trading in the South-Sea and in China,
fhe Dutch will hear of them in Spice
Iflands,
[ 86 1
Iflands* to which the Dutch can have no
claim ; and which thofe enterprising people
,will cqntcft, on the very ground, and by
the very arguments which the Dutch them*
felves ufed to conteft the fame liberty again ft
Portugal.
By th<. conftant intercommunion that
.there will be between Europe and Ameri-
ca 5 by the conftant correfpondence and
growing acquaintance that there will be to-
ivards the latter, it will be as well known,
in general, as Europe: by the continual
paflage to and from that Continent j by at-
tention to the nature of the winds, which,
however variable, have their general courfes;
by repeated obfervcitlons on the currents in
the Atlantic, which (befide the general cur-
rent of the Gulf ftream and its lec-currents)
fet according to the prevailing winds, in va-
rious courfes between the (hoaler and broken
ground ; the pallage will be better under-
ftood, and become every day fliortcr; Ame-
rica will feem every day to approach nearer
and nearer to Europe. When the alarm which
the idea of going to a firange and a dijiant
country gives to the homely notions of an
European
t 87 ]
» • . f
European manufadturcr or pcafant, or even
to thofeof a country gentleman, {hall be thus
worn out, a thoufand repeated rep ulfivc feel-
ings, rcfpedling their prefent home ; a thou-
fand attra(Sive motives, refpeding the fettle-
ment which they will look to in America,
will raifc a fpirit of adveature, and become
the irrefiftible oaufe of an Q\mo{\rgenera/ Emi"
gration to that New World. Nothing but
fome future, wife, and benevolent policy in
Europe, or fome fpirit of the evil one,
which may mix in the policy of America,
can prevent it. . . .•••--- -■--" ••,
The Great Creator hath Rationed a Che-
rubim, with a flaming fword, that turns
every way, and meets man at every avenue
through which he would pafs in quitting
life itfelf. Unlefs the great Potentates of
Europe can iiation fome fuch aniverfal, and
equally efficient, power of reftraint to pre-
vent man's quitting this Old World, mul-
titudes of their people will emigrate to the
New One. Many of the moft ufeful en-
terprizing Spirits, and much of the adive
property will go there alfo. Exchange hatk
taught the ftatefman of the world long ago,
that
1 \
[ 88 ]
that they cannot confine money : and the
ftate of the Empire of thefe European ftates
muft fall back to an old feudal community^
in which its own people are locked up, and
from which all others are excluded, or ccm-
merce will open the door to Emigration,
The Sovereigns of Europe, who are cog-
nizant of thofe movements, and who know
how to eftimate their eftedts, muft feel
what an adventitious weight hence, alfo,
will be added to the encreafing fcale.
' Such, upon a patient inveftigation
through paft experience doth the ftate and
circumftances of things, in Europe and in
America rcfpe(5lively, appear to the Writer
of this paper : fuch, upon a comparative
view of the two worldr, in thofe points
which lead to amplitude and growth of
ftate, doth the combination of events, in
which they are mixed, appear. The Me-
morialift attempts not to reafon upon the
matter. He aims only, and that with all
humility, to point out to the contemplation
of thofe who muft adt upon it, and who
fliould therefore reafon, *he natural, or, at
leaft, probable tendency of effedls flowing
from
wl
HI
n<
[89 ]
from It : and how thefe relations of things
'T'Legefque et fadera rerum, are forming
\yhat he conceives will be the New Syftcm.
He is neither fo unpradifed in the world,
no fo abfurdy as to attempt to eOablifh tbefe
pradical tfuths by argument. He knows
the influence that fettled principles and de-
cided maxims have on the public as well as
private opinion, that men meafure every
degree of proof, and even demonftration
itfelf, by them. The fublime politician,
who fpatiatcs in the regions of predeter-
mined fyflems, which no experience can ever
enlighten, will not ftoop to rcafon. The
man of the world, narrowed by a fclfifli
experience, which is worfe than ignorance,
will neither reafon nor feel. Befides, if in-
dividuals had diredt and pradical convidic^
of the exigence of the fadts herein Aated,
and did adually feel the truth of the ef-
fedls J yet it requires fomething more mate-
rially operative to move colledtive bodies
of men. It is but flowly that nations re-
linquifli any fyftem which hath derived au-
thority from time and habit; and where
that habit pafles for experience, and that
authority for truth.
N When
» 1
i
I'i;
[ 90 I
' When contrary cfFcdls, conftantly and ^
uniformly oppofing themfdvcs to the ac-
tivity of error, (hall make men hefitatc, '
and raife fomc fufpicions that all is not
right in the old Jyfiem : when Experi- ^
ence, obferving (as it were) two (hips I
failing on the great ocean, fhall fee that'
while the fails of the one, inftead of being '
fo fe.tas to draw together, and to give the'
veffcl its due courfa, do counteraft each
other, and obftrudt its courfe ; that it is
repeatedly taken a-back, and with all its '
buttle and activity makes but little way ; the
olher, fetting all its fails as the nature of
the elements requires, and fo as all to draw
together, doth, in a one quiet unfti'^ting
trim, and in a one uniform fteady courfe,
make great way, fo as to fail down the
other out of fight: when Experience, having
obferved this, fhall apply it to what he may
obferve in the different effefts of the diffe-
rent fyflems of the Old and New World ;
Reafon will be heard. Truth will have its
force, and Nature adl with all its powers.
Until feme great event fliall produce this
frame and temper of mind in the European
world,
aii;
[ 91 3
world, all rcafoning will bfijcome the mere
theory of a vilionair; all argument the
downright . ifq^ertincftcc ^ gf aqL o^tf ij^difjg
iDiiTionair.
Thofc Sovereignt of Europe wha have
been led by the office-iyftems and wordjy
wifdom of their Minifljers; who focing
things in thofe lights, have defpifed the
unfafhioned aukward youth of America ;
and have negledled to form conneiftions^ or
at lead to interweave their interefls with
thofe of thefe rifing ftates : when they iball
find the fyftem of this New Empire not
only obftruding, but fuperleding the 0I4
fyftem of Europe, and croffing upon the
efFedts of all their fettled maxims an4 ^c-
cuftomed meafares, they will call upois.
thefe their Minifters and wife men, ** Come
curje me this people, for they are too
mighty for me'* Their ftatefmen will be
dumb, but the fpirit of truth will aiifwcr,
** How Jhall I curfe whom God hath not
ciirfed ? Or how Jhall I defy, whom- the
Lord hath not defied ? From the top of thf
rock I Jee them, from the hills I bebflld
them^ hot the people fxall •Q^ii.i.^Kjp^^^
N 2 and
[ 9» 1
arid Jffjall not be reckoned amongst
THE Nations." America is feparatcd
fi-om Europe i (he will dwell alone: She
will have no connedion with the politics
of EUrope ; and (he will not he reckoned
amongft the Nations.
On the contrary, thofe Sovereigns of
Etiropc who (hall call upon their Miniflers
to ftate to them things as they do really
exijl in Nature^ and treating thofe things
as being isDkat they are, (hall require of
thefe Minifters, that they take their fyftem
from Nature, inftead of labouring in vain,
to the mifery of mankind the mean while,
to force Nature to their predetermined
courfes and fyftem : And who (hall be in
fuch circumftances and (ituation, as to be
able to form, if not the earlieft, yet the
moft fure and natural connexion with
North America, as being, what (he is. An
Independent State, the market of
And a free port to Europe; as
that being which must have a
FREE market IN EuRopE, will (coin-
ciding with the movements, and partaking
pf the effcfts of the new fyftem) become
'. • $he
,ji;.
,(• (■''■*>"-
»«M~»"< •»
[ 93 ]
the principal leading rower in Europe, in
regulating the courfes of the reft, and in
fettling the common center of all." " *\
'England is the State that is in thofe
circumflances and in tliat fituation ; , the
fimilar modes of living ar;d thinking, t^
fame manners and fame fadiions, the faine
language and old habits of national love^
imprefled in the heart and not yet effaced,
the very indentings of the fradture wliereat
North- America ftands broken off from
her, all confpire naturally to a rejun^ure
by alliance. If, in the forming that junc-
ture, England, no longer afluming to be
what (he no longer is, will treat America,
and all other Beings, as what they really
are, (he might ftill have the afcendancy in
trade and navigation, might {lill havo a
more folld and Icfs invidious power than
that
Magni Nominis umbra
with which (he braves the whole world 5
fhe " might yet have an adive leading in-
tereft amongft the Powers of Europe,
But (he will not. As though the hand of
judgment was upon her, England will not
fee the things which make for her peace.
France,
in)
France, oq the contrary, already (and
other States will follow this example)
acknowledging thofe States to be what they
artf has formed alliances with them on
tcrnis of pedc(5^ equality and reciprocity.
And behold the afcendant to which (he
^:fe£Uy rofe from that politic humiliation.
Tl^ere never was a wifer or firmer ftcp
t^ken by any cftabliflied Power, than that
ivhicli the New States in America took
for their frji footing in this alliance j there
never was more addrcfs, art, or policy
fliewn by any State, than France has given
proof of in the fame ; when both agreed
and became allied on terms which exclude
no other Power from enjoying the fame
benefits, by a like treaty,
Gan it be fuppofed that other States,
conceiving that the exclufive trade of Eng-
land towards America is laid open, will
not defire, and will not have, their ihare
of it, and of the benefits to be derived
from it ? They certainly will. Here then
come forward the Beginnings of changes
|n the European fyftem.
If here are too co' irfes in which this
general
genej
twixl
com<
[95 Ji
general intercommunion of commerce, btf»«^
twixt Europe and North-America, ma^
come into operation : the one will lye itt '
fpecial and particular treaties of commerce^ I .
with fpecific regulations and tariffs, matlcf
feparately, from time to time, with each fe-
paratc State : the other may come into ope-'^
ration by all the maritime States '
OP Europe, either previous to, or irlV
confequence of fuch feparate treaties ; '
either previous to their engaging in a ge- '
neral war, or upon the general fettlement of
a peace, meeting in some Congress to
regulate, amongft themfelves, as well as
with North-America, the free port, on
one hand, and the f«ee market on the
other; as alfo, general regulations of com-
merce and navigation, fuch as muft fuit f^/r
free-trader, now common to them all, mdif"^
ferently, and 'without preferente. Such^
regulations, in the firft place, muft exclude '
all monopoly of this fource of fupply and
courfe of trade ; and fo far make an eflen-
lial change in the commercial fyftem:'
fuch regulations, not having reference only
to America, but reciprocal references be-
tween
j:!l
!!
tween all the contrading parties, trading
now under different circum (lances, and
flanding towards each other in different
predicaments, muil necefTarily change the
whole of that fydem in Europe.
. The American will come to market in
his own (hipping and will claim the ocean
as common', will claim a navigation re-
ftrained by no lawi but the law of nations,
reformed as the rifing crifis requires j will
claim a free market, not only for the goods
he brings, whencefoever he brings them,
but alfo for the {hips in which he brings
them ; the fale of his (hipping will make
part of his commerce. America being a
free port to all Europe, the American will
bring to Europe not only his own peculiar
Jlaple produce, but every fpecies of his pro-
duce which the market of Europe can take
off: he will expert to be free to offer to
fale in the European market, every fpecies
of wrought materials, which he can make
to anfwer in that market : and farther, as
his commerce fubfifls, and is carried on by
a circuitous interchange with other coun-
tries and regions, whence he brings arti-
cles.
[ 97 ]
cles, not fimply for his own confumptlon,
but as exchangeable articles, with which
to trade in foreign markets j he will claim,
as one of the condition's of \k\tfree market ^
that thefe foreign articles, as well as his
own produce, fhall be confidered as free for
him to import in his own (hipping, to fuch
market. Thofc States who refufe this at
iirft, feeing Others acquiefce in it, and fee-
ing alfo how they profit by having articles of
fupply and trade brought fo much cheaper
to them, will be obliged, in their own de-
fence, and to maintain their balance in the
commercial world, to accede to the fame
liberty. H^ncc again, even if the Ameri-
can (hould not, by thefe means, become
the afcendant intereft in the carrying-trade,
and in {hipping and feamen, a mod eflential
change muft arife in the European fyftem.
Again j the American raifes his produce
cheaper, and navigates cheaper, than any
other can : his ftaple commodities are arti-
cles which he alone can fupply ; thefe will
come to the market aiTorted with others,
which he thus can tnojl convenie?itly fupply ;
and, unlefs the fame liberty and freedom
O of
''IK
^li;
i
!!1
'i
m
'I,:"
%
1,:
Vm^
1 ;i| '. ■' ' t
' ' . !'ffll
l'.'' '
- - ,-f '-.-.^i^r.
' '!■ *,. '
■ :n;'j.4
' ; ■''4ji
''11 ''
! , . *''z . iM-'-i
i •! 1
1'
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1
jl
i'
1
%
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I'iHI
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i^a
[ 98 ]
of trade, which he enjoys, be reciprocally
given and taken, by the European Powers,
amongfl each other, he will come to the
European market on terms which no other
can.
Nor is it in the articles which the Ame-
rican brings to fale, but in his manner of
trading for thofe articles which he pur-
chafes, that th« community in Europe
will be aifedted, benefitted, and improved.
There will be found not only a fair com-
petition in the fales, but the peculiar a6ii-
vity of the American will raife, of courfe
and as neceilary, a fpirit and activity amongft
thofe who come to the fame market. That
peculiar turn of character in the Ameri-
can, before defcribed, that inquifitiveneff,
which in bufinefs animates a fpirit of in-
veftigation to every extent, and in the
moft minute detail, wherever information
is to be had, exjitcs and enables them to
conduct their dealings in trade in a different
and more advantageous manner than is ufu-
ally pra(Slifed by the European merchant.
They acquire a knowledge not only of the
markets of Europe, that is, of the wants
and
[ 99 J
and fupplics, how they correfpond, and of
their relative values ; but they never reft
till they arc poflcfled of, in the moft mi-
nute degree, a knowledge of every article of
produce and manufadlurc which comes to
thofe markets ; until they know the cftab-
lifhments, the operations, and the prices
of labour, and the profits made on each,
as well, or even better than merchants of
the country themfelves. This ftate of in-
formation, joined to their commercial ac-
tivity, leads them to the immediate fources
of all the fupplies they want to purchafc,
without going through the channel of a
foreign merchant or factor. > ""'
A little time befori; the hrMking out of
the troubles between England and America,
feveral of the American merchants, e(pe-
cially thofe of Pennfylvania, fending fomc
of their o.wn houfe to England (as I am
informed) became their own fadors, went
immediately to the manufacturers in Bir-
mingham, Wolverhampton, and Sheffield ;
to the woollen manufadlurers in Yorklhire
and Lancafliire ; to thofe of Liverpool ;
gnd to thofe in the Weft ; and opened an
2 immediate
ii||ii
^!i
'«,';•'
[
lOO
]
immediate traffick with them at the f,rft
hand. This fame fpirit of inveftigation,
and this fame commercial activity will in
the fame manner aduate their dealings in
every other country of Europe where they
have a free market,
^, The efFesJt arifing from this may appear,
ftt firft view to be difadvantageous to thofe
countries, and may indeed affect the courfes
of the European Merchant individually,
but it will become a general bleffing to the
community of every country at large, by
being the me?ns of raifing a more general
competition and of difFuling a more equal
or proportional fhare of profit between all
ranks and orders of the induftrious. While
trade is folely in the hands of the Mer-
chant, He, not from the nature of the
man, but from the nature of trade itfelf,
b^ars har4 on the purchafer by his high
rate of profit, and opprefies the manufac-
turer by the bare living ihare of profit he
allows him : the Merchant grows rich and
ITiagnificent, makes a great bu^le and a
great figure : the eye of the world, at-
traced by the glare of theic mercantile in-
itancc^
ftl
cc
qt
nl
oi
a
fiances of the advancing opulence in the
country, has never accuftomcd itfelf to in-
quire, whether part of this princely mag-
nificence is not derived from the depreflion
of induftry, occafioning, at the fame time,
a certain defalcation from the quantity of
goods which would otherwife be produced ?
It can never be well with any country
when the Merchants are Princes, or where
the Prince is th'j Merchant. The more
that the Merchant can make by high pro-
fits, the lefs in quantity (on every confide-
ration) will he carry to market. It will
be his intereft to keep the market fcantily
flocked ; it will become his intej^^ft, by the
collateral occafion which this will give
him, to reprefent the demand of the
market as decreafed, for thus he will keep
down the manufacturer's profit. Whereas,
on the contrary, in the moment that com-
merce becon .es free and open ; and, by the
intermixture of this American fpirit of
trade, runs, with fair competition, in "
broader channel : The merchant mud
make his way by being content with fmall
profits, and by doing a deal of bufinefs on
thofc
!l
li
il'it
!i
li
< tw
[ I02 ]
^hojfe fmall profits. The confutncr and the
jfoanv^^i^er .will come into more iinme-
^a^ CDnta^> and be known to each other.
, ThiC one will favc ihc unreafonable ad-
vances which he ufcd to pay, and the other
w'^\ obtain a more equal (hare of the pro-
fits which arife on his labour. More work
^iU bp done ; the profits of induAry more
3Cq,q^ly diftributcd i the circulation of the
<,vital nutritious juices will be diffufed
..through the leffer vcffels, and give univerfal
life aad health, and more perfe(^ exuberance
of growth to the whole community.
If thefe fads be true, and this rcprefen-
tation of eiFeds be according to Nature ;
and if thcfc operations take this courfe ; it
will ;be needlefs to point out to the (hrewd
fpeculations of th? merchants, what their
conduft mud neceffarily be j but it will
behove the Statsfmen in the fcveral Go-
vernments of Europe to be aware, that,
while this change is in operation, they do
not fuffcf the merchant to pcrfuade them,
tha^t the general commerce is languilhing
and in decay, merely becaufe there is not
the fame parade of wealth, in fuch dazzling
in(lanees>
[ K>3 ]
inftances, in the partial accumulated opu-
lence of particulars. Let th€in look firft
to the market of fupply in fubfi^erK:*, and
inquire, whether there is not plertty there ?
Next to the rude produce, which is the
bafis of manufactures, and inquir«« whe*
ther, while more and more indi»ftry is
daily called forth, it is not employed and
more adequately paid by a free and extend-
ed vent ? And whether, while the number
and ingenuity of mantifadturers increaftfs
and advances, they do not all live more
comfortably, fo as to be able to maintain^
and confequently, in faft, to haVe, in-
creafing families ; whether population does
not progreilivcly encrcafe, ^s it meets the
foi^rces of induftry in employment and pay.
Let them, for the future, guard againft the
narrowed intereft and cxclufive temper of
fradc; while they encourage, 6yiin aftrac'^
he principle of general communion, the
l^^nuine fpirit and life of commerce.
The Political Founders of the old fyftem
in the old world, were totally ignorant of
this principle of commerce: they fee»n not
to have undcrftood hov this fruit-bearing
tree
[ I04 ]
Tree was to be planted, or how to be culti-
vated. Inftead of
th(
ifhed
prepann
to impoverifli the foil from whence it
fhould have drawn its nutrition; it was
wifdom with them to render their neigh-
bours and cuftomers poor. They cramped
and mangled the very roots by the various
ways in which population was obftruded.
Their in Mtient avarice fapped the very
bole of its 1 fluid, fo as to drain off
that circulation, which fhould give nutri-
tion and encreafe to it j by a wretched
lyftem of taxation, they eflfeftualiy prevent-
ed the ftock of labour and profit from ac-
cumulating. They cut off the bearing
branches (the hufbandmen and munufac-
turers) by dragging thofe ufeful members
to the barren labours of their flanding
armies. And what little fruit, after all, the
poor languid flarving Tree could produce,
they gathered into monopolizing flores,
left others fhould fhare the profit of it.
But if the Statefmen of the prefent more en-
lightened age will follow where experience,
grounded in the adlual flate of things, leads
ill throw the
right, they
a<
o
tl
11
adlivity
[ 105 ]
adivity of mankind into its proper courfe
of produdlive labour. When man hath
the liberty of exerting hi^ adive powers of
induftry or ingenuity, as he can make them
the mod produdive, and finds a free
market fjr what he produces, and his
fhare of profit in proportion to his efficien-
cy in creating it^ then is the ground duly
prepared for the encreafing population,
opulence, and ftrength of the community ; .
then will the Sovereigns of this old world
find their foundeR intereft, and moft effi-
cient power, arifing into amplitude and
growth of flate, through means of their
People's happinefs.
If the Sovereigns of Europe (hould now
at length find in the example of England,
that the fyftem of eftabliffiing colonies in
diftant regions and various climates, in
order to create a monopoly of the peculiar
produd of the labour of the people whom
they fend thither, is at an end-, and would
turn the fame attention, with the fame
zeal, to colonizing at home% that* is,
{hould, like the Police of China, give
fource and exertion to their own internal
P powers
111
[ io6 1
powers of produdllon, (hould cultivate their
wafte lands, and improve their agriculture,
and in its due turn, give every encourage-
ment to manufadure j if they would abo-
lifli all thofe ufelefs bonds of flavery, which
operate in corporations and corporation-
laws ; which fix down the adlivity of the
human being, as it were a plant, to a local
vegetable life, where its real powers are
fettered and locked up, which repell all
equality and competition, which obftrudt or
pervert the very fpirit of communion, and
render thofe, who (b d live under it,
aliens to each other : As all thofe wretch-
ed remnants of barbarifm (hall be removed,
the produdive powers of the community
will create thofe furplufes which will Ife-
come the fource, and in the due courfe of
nature, open in their turn the channels of
commerce*
If the European Statefmen, from expe-
rience of what has paft, and been the ef-
fect of the fyftem of Europe j from intui-
tive experience of the progreflive State of
America; fhould lee the felf-obftrudion
which arifes from attempts to force in ex~
clufivc
[ '07 ]
clufive c$mmerce I fliould fee, in the
examples of Spain and England, the
difappointcd ends of attempts to cfta-
blKh a monopoly of navigation by the
force of laws, inftead of creating or
maintaining it by the fpirit of an adivc
commerce ; fliould fee, that all the mea-
fures oi prohibitions, by which the fcveral
States of Europe labour to reprefs the reft,
do but deprcfs themfelves j They may at
length comp to a temper in thinking, at
leaft, if they cannot yet bring themfelves
fo to adl, that to give freedom, fcope, and
activity to commerce, is the true fyftem
for every country, which in its nature and
operations is adtually commercial.
All this^ I Jcnow, will be called fpecu-
ktion ; and it is indeed, at prefent, but
mere theory ; yet having, by a feries of
experience, in repeated inftances, and in
fome of great import, feen, \h2ii propojitions
which have been contemned and rejeSied
in otie country, have, in their due feafon,
become operative ivifdom in another, I
will (hoping that I do not prefume top
much) proceed in this fpeculation.
P 2 I will
[ io8 ]
I will fuppofe, that the Slatcfmcn of
the old world, checked at leaft in their
career of war ; entertaining fome doubts,
or hefitation at leaft, ©n the principles and
maxims of their old fyftem; perceiving
that the oeconomical activity in Europe is
on the turn to take a new courfe ; feeling,
in fddl, the force and expanding operations
of an adive commerce j finding themfelves
under the neceflity of making fome reform
at leaft, begin themfelves to /peculate, how,
amidft a number of Powers of trade,
fhifting their fcale, an even balance may
be formed, and fecured in eftablifhment ;
how, amidft a number of fludnating inte-
refts, buoyant on the turn of this great
tide in the affairs of many an equal level
may be obtained and maintained* If this
fhould lead them to review their old
fyftem, and they (liould perceive how it is
of itfelf prepared for change, perhaps
they may find that Commerce, which
might have rifen by a competition in
an adive induftry, a retentive frugality,
and exertions of in;::enuitv, hath Ions
been an exclufive fcraoibling rivalfliip ;
that
that
[ lOQ ]
that * Commerce, inftcad of being (as ia
it's true nature it is) an equal, equable,
univerfal operation of communion, which
concenters the enjoyments of all regions
and climates, and confociates men of
all nations, in a one mutual communion
of all the blefllngs of Providence: when
adluated as it hath been, by a repellant fel-"
iifh principle, hath operated in Europe un-
der the old fyftem, as the golden apple of
Difcord, and been to the feveral neigh-
bour nations an occafion of jealoufies of
each others powers of enjoyment; alter-
nate depreflions of each others interefts ;
and a never-ceafing fource of wars for
many of the latter ages of the world : per-
haps they may alfb then fee that treaties
of peace by which thefc have been termi-
nated, are but truces j and that guarantees
are but fo many entangling preparations for
future wars. *
While they cannot but fee things to
have been fo, on one hand, they will, I
fhouM
!.<■]
i^'H ■ '
* Quid quod omnibus interfe populis commercium dedit ?
Ingens Nature beneficium, fi illud in injuriain fuam noa
vcrut hominum fuo-or. ^ei^cce Nat. Queft. Lib. 5 and 18.
[ MO ]
ihould however hope, have fatisfadlion in
perceiving, that the manners of mankind,
foftencd and fmoothed by degrees, have at
length become more humanized ; their fo-
cicty and police more civilized j that the
world at large hath been rifing nearer and
nearer* every day, to a meridian which
hath enlarged its views, which hath en-
lightened, and infufed a more generous and
liberal fpirit into it : that although many
of the old, oppreflive, deprcfling forms and
inftitutioRS of Government, as they refpedt
the cultivators of the earth, the manufac-
turer, the internal market, the merchant
and external commerce, have not yet beea
actually abolilhed^ yet that pra(^ic9, in the
adminiftration of thofe governments, hath
by various accommodations, various facili-
ties, abrogated their worft and moil: mif-
chievous operations; that the adivity of
man finds every day more and more, a freer
courfe; that it finds itfelf encouraged,
where it is in a fituaticn fo to do, to engage
in the culture (if I may Co exprefs myfelf )
of the fruitfulncfs of the fcas ; that artifi-
cers and manufadurers begin to feel mou'ves
which
I
t I" 1
which not only prompt their induftry, but
encourage their ingenuity; that there arc a
thoufands ways and channels (which
though Pride will not open. Prudence will
connive at) through which the intercourfc
of markets finds every year a more free and
unreftrained vent j and that the a<ftive at-
traction and freefpirit of commerce is, like
the fpirit of life, diffufing itfelf through the
whole mafs of Europe. They will find
that, in fact, there is an end to all their
monopolizing fyjlems -, thai there is an abfo-
lute impracticability, and total inefficiency
in every line and effort of their repuljivt
meafures. Experience of pafl effeds will,
in the courfe of his review, mark to them,
that any one of thofe Powers of Europe,
who would aim to deal with the refl of
mankind with an unequal balance ; who
would endeavour to pile up the flow of
their commerce in a channel above the
level of the circumfluent commerce ; will
only find in the end, that they have raifed
amongft their neighbour nations, a fpirit of
jealoufy, a revuHion, and a temper of uni-
verfal rivalfhip, that fliall confpirc to wreft
that
T'ifl
■ [ "2 ]
that falfc balance out of their hands, and to
dcprcfs them down again, to a level with
the reft of the world. No other efFecfl ever
did or could derive from the European
fyftem of commercial policy ; thefe are the
univcrfal laws of ntiture, analogous in the
moral, to thofe which operate in the na-
tural V jrld. Tlie cities of Italy, thofs of
the Low Countries, the States of Portugal,
Holland, P^nghmd, have all in their fcii-
fon, and for tlieir period, as commercial
powers, arifen above the common level of
the reft of the world j but over-prefTing
with a weight which was felt as unequal,
by thofe placed below them -, they have
each, in its turn, found, even in the mo-
ment of their higheft elevations a general
.rifing all around them, and themfelves
finking to the common level.
If the Statefmen of Europe fliould, at
length, begin to liften to thefe experiences,
and to reafon on thefe principles, they,
reafoning, not like philofophers on abftradt
theory, but like politicians on the adlual
fiate of things, and wrought thus to a
teaiper of treating, and adting towards
things
th
«(
<«
«i.
<(
[ 113 ]
things as they really dre; they muft fee how
much it is the intcreft of All, to liberate
each other from the Re/iraints, Frohib'ttions
and Exclujions, by v/hich they have reci-
procally aimed to reprcG^ and keep back,
that induftrious activity, or at Icaft the
effcd: of it, which fhould otherwifc have
given fource, in each rcfpedively, to the
common benefit and intercil: of All : They
will fee ♦ " that the moft advantageous
** way which a landed nation" [prepared at
the foundation as in this paper defcribed]
** can take, to encourage and multiply
" Artificers, Manufadurers, and Merchants
of their own, is to grant the moft perfect
freedom to the Artificers, Manufadturers,
and Merchants of every other Nation :"
That the Repulfive Syjlem, and Exclujive
Navigation, on the contrary, lowers the
value of their own internal furplufes, by
raifing the prices of all things which muft
be bought with tbem : And gives alfo to the
Artificers, Manufacturers, and Merchants,
Q^ a mo^
• Pr. Adam Smith. '
it
«(
<(
r? ii
Vt.^lij.
[114]
a monopoly againji their own land-workers :
Scing thio, they will encourage Population,
firft iniernally, by preparing the ground for
the roots, which is the natural and mod
efficacious means, as hath been feen ia
America ; next by an univerfal Naturaliza-
tion and Liberty of Confciencc. Should the
Sovereigns of Europe at length fee this truth
manifeftcd by experience, which the poli-
ticks of Statefmen, and- the myfteries of
Tradefmen, have fo long hid from their eyes ;
that a general and univerfal freedom of
Commerce, under the prefent confpirirg
Hate of the men and things of the com-
mercial world, ran operate only to promote
in the pefeple of each Nation, the ncccflity
bi an adive induftry, ceconomy, iobriety,
experimental ingenuity, and a temper of
equal juftice, coinciding with the general
communion of Commerce ; ard that thefe
virtues while they render each particular
national community produdive, populous,
opulent and ftrong, do unite the intereft of
the Sovereign and the happinefs of the Peo-
ple, in the power of the State : Elevated as
their fituation is, and above all local, par-
tial
pi,
of:
.A
[ "J J
tial views, they muft fee, that, if Nature
has fo formed Man, if ^ olicy has fo framed
Society, that each labouring in hisdeftincd ;
and defined line of labour, produces a fur-
plus of fupply, it is the law of Nature and
of Nation.9, it is of perfed juftice as well as
policy, that men and nations ihould be
free, reciprocally to interchange, and re-
fpedively as their wants mark the courfc,
thefe furplufes: that this Communion of.
Nations with each other, by which they aid
and profit each ihemfelves, each other and
all, is a right which may be enjoyed and
exercifed in i^s true and genuine fpirit, and
to its utmoft extent, except in time of
war, but even to great degree in time of
war, without interfering in the political
and civil power of the world ; and that (if
id) it ought to be thus enjoyed and exer-
cilld to the benefit aiid intereft of each,
and to the common good of all.
To thofe who fee things as they are, and
reafon vpoji them as being what they are* the
fpirit of thofe exclufive taws of navigation
which obflrud an equal fyftem of univerial
communion in co-nmerce, will appear as
0^2 I the
[ 1I« ]
the fpirit of piracy ; will appear in the ex-
treme execution of them at the breaking
out of h©ftilitics, and oftentimes even in
declared war, the fame in the thing and
fadl as the robberies of thofe States which
the Powers of Europe have decidedly called
Piratical : they will fee that the Common
Ocean, incapable of being defined, inca-
pable of a ipecial continued occupancy,
incapable of receiving exclufively the la-
bour of any individual perfon or State
miked with it, is incapable of becoming
an objeB of property: that however the
Authority of an ufurped power of religion,
however the Force of Empire, may at-
tempt to give imaginary boundaries to the
open, unbounded, undefined parts of this
Common Ocean, drawn by thofe who wcire
as ignorant of Aftronomy and Geography, as
they were of the laws of Nature, as ignorant
of Heaven as of Earth, boundaries which
common jufticc never can fix, nor which
Common fenfe ever can find j it can never
become an objeB of dominion \ and that, there-
foi-, the Ocean (hould in policy, as it is
iin fa<ft, remain common and free
j^ervium cunSiis iter.
If
i 117 ]
If the Sovereigns of Europe fliould ill
this view of things conceive that the Cofii*
mercial Syftem of Europe is changing la
fad, and in wifdom and policy (hould be
changed ; that the great Comtncrcc <^
North America, emancipated f^am it€ pro*
vincial ftate. riot only coincides with, but
is a concurring caufe of, this. change } that
the prefent combination of thefi events
form a crijis, which Providence, as it Wcr«i^
with a more than ordinary interpofition
hath prepared : and that Heaven itfclf feems
to call upon them, to whom it hath com*'
mitted the intered and happinefs of man*
kind, to co-operate with its gracious Pro-
vidence : if liftening to the voice ot rea-
fon, who brings experience in he- and, they
{bould be convinced that of all the fruitkfs
follies, which rivalfliip of ambition, or die
reftlefs recklcfs adivity of politics hath ever
drawn them into, there is nothing fo ab-
furd as warring againft each other about ati
obje(a which, as iris feparated from Eu-
rope, will have nothing to do with its cm-
broils, and will not belong exclulively to any
of them. If liftening to this voice, which
as
■Y'V:
:< • If !*
4 M^i
If ill
[ ..8 ]
as that of an Angel, announcing peace and
.gf)Oid'-wiU to mankind, fummons them to
leave ofFthe endlefsufelcfs operations of war;
to confider the prefent crifis as an obj?dt
of Council and not of War ; and, therefore,
to meet in communications and intercourfc
of their reafoning powers : furely thefe So-
vereigns, who hold themfelves to be th«
Vicegerents of Heaven's power on earth,
>vill ad with this its manifcfled fpirit and
will.
.*-'
The maritime powers of Europe, let
them continue the war to what length of
time they may, muft (before peace, refped-
ing that continent, refpeding America, and
the mixed interefts of Europe and America,
can be even treated of) muft convene by
their Confuls, Commilfioners, or other Mi-
nifters, in order to confider the feveral
points on which the war broke out, the
points in claim and in adual conteft, the
points on which they inay fafely fufpend
hoftilities, the points which muft form the
bafis of treaty, and which will enter into
the future fyftem, the point on which peace
by that fyftem may not only be made but
eftablifhed
Is
■*■•
4s
[ "9 ]
cftablifhed amongft the nations of the At-
lantic ocean. Will not then reafon and be-
nevolence, in which (rn this peculiar crifis)
true policy and their right and beft intereft
is included, fuggeft to their hearts, and ac-
tuate their Councils to convene a Congrefs,
before they are engaged in further hoftiliiies',
before the dcvaftation of war extends ruin
and mifery yet further. Some fuch ttiea-
fure, derived from the fame feelings and
reafonings, aduatcd by the fame motives,
and pointing to the fame views, as led the
the feveral great Trading Bodies of Europe
to cor.vene in ^ Congress, which gave rife
to the Hanfeatic League, is neither cbn^
trary to, nor out of the courfe of public
bufinefs ; but is, on the other hand, what
the nature of the prefent crifis in a more
than ordinary neceffity requires. In this
model there is example in fad, precedents
in wifdom and policy, applicable in the
fame manner to annofl the fame cafe as
then exifted. If the Statefman, who on
fuch occalions are to advife their Sove-
reigns, {hould think that this example does
not come up to ths prefent cafe, or that the
mechanic
t: m
'I
s I'l
Tl
i I ;
1
[ "O 1
mechanic commercial rcafooiog of fuch
homely parties can never be a model to the
Aiblime of politics; this paper (juil ob-
ferving in the pading, that thofe who think
fo, know nothing of the wifdom of that
League) would moft humbly recommend it
to thefe Statefmen* taking up the fubjeift in
an enlarged, liberal, philofophic view, to
coniider difpailionately, and weigh tho-
roughly, "whether j'ome General Council,
on the model of that concerted between the
great Henry of France and Elizabeth of
England, two as^ noble fpirits and as wife
politicians as the world hath iince fees,
Jhotddnot now be propojed. This Memoirc
does not mean a General Council, ercded
into the fame eftablifhment (although on
the fame bafe) as their defigns went to,
wJiich was to the forming a Council of
Adminift ration, for regulating and cond rat-
ing a general political Jyjlem of all Europe,
The general Council here fuggejfted, is Am-
ply and dcfinedly a Council of Commerce, for
all Europe and North America (abfolutely
cxciulivc of all and every point of politics)
formed by the feveral Sovereigns fending
their
€t
C<
€t
t «" 1
Commiffioners or Miniftcrs to convene, as
a Chamber or Board, reprefenting the fe-
veral commercial interefts of each State j
and, on a general liberal plan and fyftem
of commerce, the conjunft and confociated
common intereft of Ali. As fuch it fliould
remain a ftanding perpetual Council of de-
liberation and advice, and a seat op ju-
dicial Administration common to
all. *' Continuellement qffemble eri corps de
** Senat pour ddiberer fur les affaires fur ^^
** venantes, ioccuper h difciiter les diffc^ens
interets, pacifier les querelles, eclaircir Gf
vuider tous les affaires -—pour affurer mU"
** tuellcmetjt la Hbcrt^ du con-merce" Al fo
as a Great and General Court op
Admiralty, to take cognizance of fuch
matters of commerce in litigation, as, ac-
cording to its eftablifliment, fliall come
duly before it : and of all offences which
fhall be committed againft thofe general
and common laws of trade, which fliall
have been, with ratification of the Sove-
reign Powers, eftabliilied by it.
Such a Council might not only prevent a
moll dreadful general v/ar, which feems to
R be
(I
((
' !< I
r
n
{ 122 ]
be coming on in Europe; but, if it fliould
be fo happy as to agree on fuch reglemcnts
as would eftablilh peace at prefent, might,
for ever after be the means to prevent all
future occalions of war, arifing from com-
mercial quarrels. Or, if the rage of war
did force itfelf upon the world, it would
then be a Seat of common juftice, open to all
nations, for the relief of the peaceable, in-
duflrieus, and innocent, who ihould be ac-
cidentally or iniquitoufly injured by any of
the warring parties : a feat of fuch juftice
as does not exift, and cannot be expeded,
in any private national Court of Admiralty,
in the prefent ftate of nations. Whatever
is the fate of every other part of this pro-
pofition, the prefent entangled, confound-
ed, vague ftate of the marine law of na-
tions, feems to be fuch, as creates a necef-
iity, which muft draw this part into eftab-
liftiment. At prefent, all principle, rule,
and law, feems to be as much loft and gone,
as if the nations were fallen back to the old
ftate of piracy, under their old barbarifm.
Europe cannot, even in war, go on under
the prefent abrogation of all treaties, and.
all the laws of nations.
If
[ 123 ]
-' If the ftate of things, if the combina-
tion of events are, in fa£t, fuch as mark
the neceflity ©f fome fuch General Coun-
cil : If the minds and tempers ot Sove-
reigns, whofe hearts are in the hands of
Providence, be in fuch frame as theimpref-
fion of thefe things feems naturally to make:
And if under this view of things, and in
this fpirit of wifdom, they fliould fend
their Commiffioncrs or Minifters to con-
vene in fuch a General Council, with
powers and inftru«flions to form fome gene-
ral laws and edablifhment on the ground
of Universal Commerce: the cardinal
points which will mod likely come under
deliberation will be : ifl- How far, in right,
and how far in policy, it may be beft for
All, to eftablifli, on mutual agreement, the
Mare Liberum : and how far each in^
dividual nation, (providing for the fecurity
of that peculiar property and dominion
which they have, oqcupy, and duly hold,
in local defined bays and harbours, 6cc.
enclofed within the boundaries and coafls of
their landed dominions) may accede to ;his
cftablifhmcnt, as a law of nations,
R z ^dly,
J.
ft '.
'J
If
.i I
m
I
I m 1
2dly. How far the univcrfal Jus Navi-
GANDi may be, or can be cilabliOied,
coniiftent with the prefent national claims
of the fcveral Maritime States; or how
thofe n;iay be accommodated, mutUjally and
reciprocally, fo as to lead to fuch eflablidi-
ment hereafter. On this ground they will
naturally meet each other, in forming at
leail ibme general fyftem of regulations and
laws, common to all, under which this
univerfal commerce may aft and be pro-
tcded : So that the exercife of this right
may extend whcrefoever the ocean flows,
and be as free as the air which wafts it '
over that ocean in all directions* ' - •» ; ^
3dly. This will lead to deliberation on
the LiBERTAS UNIVERSALIS CoMMER-
ClORUM, FREE PORTS, and FREE MAR-
KETS, in open equal trafEck.
As a concomitant meafure, or at leail ,
(thefe being fettled) as a necelTary confe-
qucnce of them, the Members of this
Council muft enter into convention, ;iftcr-
wards to be ratified by the refpcftivc So-
vereigns, of reciprocal flipulations and
terms, as to Port Duties and Market Tolls.
The
f '25 ]
Tlile adjuftment of this latter point will
derive, and naturally take its form from
the mode of the eftabliflimcnt of the three
former matters. They will, however, be
bcft and moft wifely fettled, by thofe
States' who are in circumftanccs which
enable them, and who are under fuch
a fpirit of wifdom as will direft them,
to abolifh, by degrees, all Port Duties;
and to raifc their revenue by Excife, Tallies,
and other internal fources of finance, as
are colleded not from the feller, where
every impofition lays with redoubled load
of tax on the Subject, and comes with
defalcated and defective revenue to the
State, but immediately on the confumerj
where ih? ioad muft be proportioned to the
abilicies of his bearing »f, and whence,
whatever is colleded, comes in full to the
State. *« Add to this, that it would be a
means of making that country which adopt-
ed this meafure, a free port ; a cir-
cumftance yery defireablc to every well-
wifher of his country. See then whether
it does not dcfervc the care of every worthy
patriot
* (
1 jM
>i
1 s
3i
\ 1 i
li
•71
J
r
-li
1 '
t »6 ]
patriot t« make fuch a fchcme (if it can be)
fcafible and practicable."*
If the State of Europe, by its circum-
i)anc«s and modes of buOnefs, by the fpirit
oi its politicks, by the temper and under-
ifanding of its Sovereigns, iS; not yet pre-
pared and ripe for any fuch general fyftem
and eilablifliment of Univirsal Com-
MERGE, under the Mare Liberum, the
Jus Navigandi, and the Libertas
Universalis Commerciorvm: The bu-
finefs of this Council will turn on the mak-
log of fuch alterations, accommodations,
and reform in the old fyflem, as may fuit
apd follow the changes of it. They will*
therefore, deliberate firft, on the nature
and extent of the conditional grants of
privileges of trade, which, under the air
of protedion, they fhall offer to Ame-
rica: Under this idea they muft fettlQ
with Her and amongft each other quite
new arrangementi of tariffs. As they fhall
advance in multiplication of difficulties, and
by degrees to a convidlion of the imprac-
ticability of this line of meafures; they
♦ Sir Mat. Decker.
will.
[ 12f ]
will, by degrees, tuCe even in their own
ideas, this nation to be States admitted*
and next go upon the experiment of trea-
ties of commerce with her, on the old
European fyflem. Experience will tsach
them, that this will create a rivalfhip*
which will evade and break all treaties of
commerce. Mere then will they come
round in a circle to the point of neceffity,
as herein before ftated, which, firft or laft,
muft force into eftablifhment, the meafure
defcribed in this paper, -f- Foi/a tout ce
qu* on pent raifonablement exiger, II n* efi
au powvoir de /' humanity, que de preparer
et agir, Le Succes eft I' Ouvrage d' une
main plus puijfante.
kH
f Due de Sulli, Liv. 3a.
FINIS.
J <
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• ,■'•'■■ I
- , 1- ■ ';] ••'■ . -;■- '\... ;.■
• : ,(■.
^ '
• -A ■■•■'
TWO
MEMORIALS,
B T
GOVERNOR POWNALL,
[ Price IS. hd, ]
■\
'I
MEMORIAL-
IN TWO PARTS.
ORIGINALLY INTENDED
TO BE PRESENTED
T O T H E
K
I
N
G.
SINCE PUBLISHED WITH AN
EXPLANATORY PREFACE.
! ' n
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'
niMfAoi, a T»rc ?ri^J T?{ 'E/pD'v})t ff'Ujuf«x«uf(;«i'. 'Ot /uir ^«() ^r^sa--
7it' Oi iT' »Vi» To/fi-o Tptretnta-it, A\>.' eit ifv)(_l»* tx^* ^«> fji /mJ
IsocRATis Orat. de Pace.
I', '''
LONDON:
PRINTED M.DCC.LXXXIV.
-i
v^r--\-,,j/:
■<J*.
PREFACE.
TH E following memorials were
drawn up Iblely for the King's ufe,
and defigned Iblely for his eye. They
muft of courfe, containing matter of ad-
mlniftration, be fir/l communicated to his
Majefty's Minifters. They were accord-
ingly* communicated in the draught: and-f-
afterwards put into the hands of his Majef-
ty's Secretary of State, appointed to the
American department, that they might be
communicated to his Majefty, with a moft
humble requeft from the Memorialift, ei-
ther of permiffion to lay them in perfon at
his Majefty's feet, being ready to anlwcr
any queftions which might arife upon
themi to give any explanations which
might be r.et^uired j to ftate, to the beft of
his judgment, the line in which negotiation
might train, if fuch was found advifable ;
and finally, to make a tender of his fer-
vices, as an old fervant of the Crown for-
merly employed in thefe affairs, to un-
* Dec. 25, lySr.
B
t Jan. 18, 1782.
dertake
-1
«>¥'■,'..■ ""^V
, I
i !
I I
2 PREFACE.
dertake fuch negotiation. Or, If there
were any reafons which might render it
improper for him to be admitted to his
Majefty's prefence, on the fubjed: of thefc
memorials ; then praying that his Ma-
jefty would be pleafed to refer the me-
morials, and his fervant who prefcnted
them, to his Cabinet, or a committee of
the fame j to whom, under his Majefty's
orders, he was ready to make the fame
communications. But that if thefe condi-
tions were not acceded to, that it fhould not
be prefented. The Memorialift underftood
that this would not be difagreeable to his
Majefty. The late Secretary, in whofe
hands thefe memorials were, thinking them
worthy his Majefty's conlideration, would
have prefented them. The Memorialift
underftanding that the other Secretaries of
State, for the reafons they alledged, could
not be of opinion to advife the opening of
any negotiations, e/pecially wth the perfons
fltithonfed to treat of peace, and therein
referred to -, and the memorials being
delivered back to the Memorialift, ac-
cording to his ftipulation, fincc the
late Secretary delivered up the Seals \
the Memorialift finds himfelf precluded
even from the endeavour of rendering that
fervice to his Majefty and to his coun-
5 ^^y*
P R. E F A C Ei
i
try, which circumftances, confequent of
the lituation he was formerly in, put in
his power, and which his zeal led him
to make the offer of undertaking with-
out prefent pay or futufe reward, as his
Majefty's late Secretary can teftify.
Some points, both as to fadt and as
to opinion, which the Mcmorialift (with
all due deference he fpeaks it) thinks
his Majefly's Minifters are mifinformed
inj and of courfe hold miftaken opinions
upon, muft have arifen. Thefe, under a
fenfe of zealous duty, and the moft pro-
found refpe(fl to his Majefty, in the moft
humble manner would have been ftated,
Underftanding thefe memorials to be in-
admiflible by the Minif^ers, he knows
no means but this, whicii he hath finally
prefumed to take, of layiii^^ them at his
Majefty's feet. He knows thefe are mat-
ters which ought not to come forward to
public difcuffion : but, fince he hath un-
derftood that Minifters have entered thei
lifts in public debates on thefe points,
and that feveral of his Majefty's fervants
have given definitiije opinions on matters,
which fhould have found their definitions
only in the conclufions of private nego-
tiation, he hopes that he ftiall not b»
found offending.
moft humbly craves his Majefty's
B 2 gracious
Ht
'\
1 \
ll
is
4 PREFACE.
gracious interpretation. He means not
to offend ', at the fame time he thinks ic
his duty to declare, that he means this-
mode of making thefe matters public, as
a juftification of himfelf to all who may
be interefled in this great event, and us an
appeal to his Majefty and to his people
againfl: the opinions and conduft of the
Minifters.
This memorial does not enter into the
real or artificial reafons on which Mi-
niflers firft advifed his Majefty to carry
force of arms into the governments of
America. It was feen and declared, at
the time, by thofe who knew that coun-
try, that although fuch. meafures might
defolate America, they muft, as they have
done, feparate them from, and nearly
ruin. Great Britain in the end alfo. It
goes only to the motives and views
now given out to Parliament by the
Minifters, as the reafons for contimihig the
war. It is faid, that although a fadtion,
having}; arms in their hands, have declared
all union with the nation difTolved, and
all allegiance to his Majelly's govern-
ment abfolvedi yet a majority in num-
ber of the people in America are dif-
pofed to fubmit to his Majefty 's pro-
vincial government, and wifh to be under
it. The truth is, there are in that coun-
try.
\\\
\ {
PREFACE. c
¥
try, as in all others where the people have
a fhare in the government, parties ; but
more efpecially in a country wherein the
curfe of civil war rages. Belides, the
perfecution which the bad fpirit of man,
in a predominate caufe, too often infpires;
the many hard things which a govern-
ment in a flate of war, and adling for th^"
time with powers didlatorial, mufl ne-
celTarily do ; alienate the fpirits of many;
render others impatient under, and fome
even enemies to, the very government
which they themfelves had fet up. This in
the cafe in America. But that there are
a majority in number, or any proportion
of numbers who wi(h to fee his Ma-
jefty's provincial government eftablifhed
with fuch powers, and under fuch forms,
as mufl be now neceifary to give effi-
ciency to civil powerj when the confenfus
obedientium does not accompany it, the
Memorialift, who hath known the ma-
chine both in its compofition and in its
parts ; who had once adminiftrative
powers in it, and who hath carefully
watched every motion of it fmce, thinks
it his duty to declare, as he would have
prefumed to have done in his Majefty's
prefence, is a miftaken opinion of the
Minifters, and not fadt. On the con-
trary, were his Majefty's arms fo to pre-
3 3 vail^
^ -!f
PREFACE,
f
vail, as to place this fuppofed number of
loyalifts in the feat of government; and
was that government etlablifhed on civil
power and authority only, it would be
ineflicient and impradicable. Was it
combined with military eftablifhmcnts,
and derived its fpring from military force,
thefe very loyalills, if ever they fubmitted
to it, would take the iirft opportunity of
revolting from it. Even thofe of them
"who are living in this country under his
Majefty's proteftion, and on his gracious
bounty, will not venture (fome few
excepted) to pled^ heir honour and cha-
racter to the contrary of this. If they
are rc^dy to acknowledge this, his Ma-
jefty will find them more ufeful fubjedts
fettled in the government of Quebec than
living here. This reafon, therefore, on
which his Majefty's Minifters advife
the continuance of the war in America, is
unfounded, will always prove delufive in
the trial, and hath milled them.
If the Minifters give hopes, either to
his Majefty, or to the people, that
they can at any pradicable expencc, or
by any means, fend to America numbers,
that (hall be equal every where, wherever
the fervice requires it, to meet the num-
bers which that country can at any given
time bring into the field upon their own
ground j
PREFACE.
7,
ground; they not only toti Ay over-rate the
Iburces of Great Britain, both in men and
money, but have no idea of the numbers
which communities, in that ftate of civil
progrefTion, in which the American colo-
nies are, have always been able to bring,
and can bring into the field occafionally,
fufficient to the obftruding the opera-
tions of his Majefty's arms. If they
have hopes of fubduing by force of arms
thefe people, as now connected with the
French, and call this a French war in
America— they fhould endeavour to have
alliances alfo in America : they fliould
endeavour to procure a fcederal union with
the Americans, on the /olici bafis of the
aHual Jiate of things. France would be
conquered in America the moment that
Great Britain formed an alliance with the
Americans, or would be driven out of it.
Thefe very Americans would foon have
occafion to call upon his Majefty's arms
fbr affiftance to drive the French army
out of America, if they did not retire at
the fame time in which his Majelly be-
gan to withdraw his troops.
His Majefly's Ministers, after the
conceffions which they have perfuaded
Parliament to make ; after the conceffions
which they have fuffered his Majefty's
Commiffioners to make, without difap-
B 4 proving
%^ T,
\ym
ii '
I
s
PREFACE.
proving their conceflions, but rewarding
their fervices ; cannot venture to fay to
his Majefty, that they advife the carry-
ing on the war in fupport of his Ma-
jefty's fovereignty in America. While
they held out revenue, to be drawn from
America in aid of fupply, as an objedt to
the landed gentlemen of England, they
gave up taxation over America : they have
fjoent more than fifty millions j and in-
flead of revenue have created a debt which
thefe landed gentlemen muft pay the in-
^ereft of. V/hilc they prefumed to hold
out to his Majefly the maintenance of
his fovereignty over America, as the ob-
jedl of the war, they acquiefced in con-
ceflions, offering to the American govern-
mcnts,^ Jpecifically as Jiates, the power of
the fword, the purfe, and the exercife of
a perfed: freedom of legiflation and inter-
nal government, and thereby, in effeifl, if
not in fa(5t, have made a ceflion of that
fovereignty to thefe States ; and have loft
the country.
Sad experience has ihown, that they
have not the leaft embryo of an idea as
to the means of carrying on the war in
America. They have neither objeB nor
(nd in view : yet they have entangled his
Majefty's affairs in a fatal neceflity of go-
ipg on with war, becaufe the Miniftcrs
|?now not how to inake peace.
While
PREFACE. ^
Whiie at one time, " in the hour of
** their prefumptioHt" they have pledged
the honour of the Crown and Parliament
to meafures which they cannot cffed ;
and at another, in the hour of their humi^
lietl'jn, have made concefllons in the other
extreme ; they have brought forward the
American colonies as States -, they brought
them forward to the becoming an objed:
under fo ftrange a predicament, as hath
rendered it impoflible and impradiicable
that even the mediation of friendly powers
can interpofe and t^ke place.
And finalh/, while nothing remained
which ought to be done, or can be done,
fo as even to commence negotiations in Eu-
rope, but the making feme preliminary
treaty for a truce that fhall prepare the
way to a congrefs, they have cut even
the very grounds of treaty from under
their own feet.
This ground, as flatei in the memo-
rial, contained the only path which lay
open and could have led to the veftibule
of the Temple of Peace. The Memo-
rialift, trufting that the Americans even
ftill " retained too great a regard for the
** kingdom froin which they derive their
" origin, to exped any thing in the manner
** of treating which was inconfiftent with
** her
'■ I '
II
i.' '*•!,*'
i
t
10
PREFACE.
** her honour," and that they would, ** in
"^ the mere point of honour, even help
** out her Miniftcrs :" alfo confident that
thofc perfons who are authorized by
America to treat of peace, notwithftand-
ing the recounts received, and opinions
formed, by the Minifters, are, though
enemies, ?nen of honour and good faith ;
andconfcious that he was known, both in
England and America, known by his in-
jfignificance, never to have written, fpo-
ken in Parliament, or adted in any one
inflancc, on party grounds^ in this great
queftion refpedling America, did prefume
to think he could meet thefe perfons en
grounds of agreement , preparatory and pre-
liminary to definitive 'treaty in a gener«l
congrefs of the Powers of Europe. The
perfons who muft have adled in this, not
bein? fuch as the Minifters could ad-
vife the aBing imthy all confideration of
the meafures propofed was precluded.
As the very idea of fuffering thofe per-
fons to communicate, who could perhaps
have met on grounds of agreement ^ whereon
negotiation in all its forms might here-
after have advanced, was inadm^ifible by
the Minifters, the Memorialift did not
communicate the line of treaty^ nor the
points through, which that line might
have been drawn. As he did not find
himfclf
■«'
PREFACE.
II
fiimfelf called upon to communicate thofe
matters to the Minifters, he {hould now
think himfelf greatly unjuftifiable, to
make them a matter of public communi-
catioa. He hopes that the opportunity
of obtaining that preliminary ground,
whereon the Honour of the Crown and
Nation might have ftood undimini(hed,
will not be lod. 1 hat it may pleale
God to protetft his Majefty's Honour ;
to bicfs his. arduous endeavours for the
welfare of liis people ; and that the
next opportunity which Providence (hall
fufFer to come forward, may fall into
more acceptable hands, is the earnef^
prayer of his Majefly's faithful old fer-
vant and devoted fubjedt. If unfortu-
nately, by the high ton of fome part
of the Miniltry, in which things will not
bear them out j by the contemptuous rs-
jedion 0^ perfons who could and would
have helpt them out, an opportunity of
ii\\:, like fhould not arife again (the Me-
morialift ventures to exprefs an opinion,
he does not prefiime to advife) nothing
remains, but, by an a(fl of real dignity, and
from a felf- derived fpirit of honour. To
DECLARE THE AMERICAN CoLONIES
Free States ; and to treat with them
on the ground of perfed: reciprocity. If
^his country hath yet thofe friends in
America
\\
m
■I
^# wff^T'wr'vnf y.^'w^y f
"y^^^jiijr^' ' '7^r **'7*'"^^v7^7j''^^c^
wif»*\;
12
preface:
I
Ml
i- 1
Mil
America which it is faid (he hath, here
they may ad:ually and effedlually ferve it :
and if the old colonial afFedtions, chang-
ing their nature, have not turned to bit-
tereft ha:e, in the enemies which {he
hath there, fuch, when once become al-
lies, will become friends iN some Fa-
mily Compact.
As the Memorialift. thought that no
one ought to prefume to offer modes of ne-
gotiation for peace, who did not know
the ftate of the fervice as to war, he pre-
pared at the fame time for his Majefty's
infpedion, ^/ State of that Service, in a fe-
cond memorial i pointing to that line
which by fuccefs, if it (liould pleafe God
to give fuccefs to his Majefty's arms,
might lead to peace. This alfo was in
the hands of the late Secretary, and
would have been prefented. Candour,
in an open way of ading, would have
prefented this, though perhaps differing
in fome points from ideas pre-con-
ceived.
It did appear to the .Memorialift, that,
in the mode of conducting the war, which
hath been adopted from the beginning,
even fuccefs could not lead to peace.
Peace is the end of all war j but the mea-
fures of this war did not feem to have that
objedl or end. He faw his Majefty's af-
5. f-iir*
PREFACE.
13
fairs entangled in a fatal neccffity of go-
ing on with war, becaufe the Miniftcrs
know not which way to look for peace.
He therefore pointed the meafures of the
fervice which he prerumed to ftate, toob-
jedts which might give grounds to peace,
and firm alliance hereafter in a Family
Compact -, by which Britons, and Briti(h
Americans united, might once more be-
come, on a more extended bafis, the great
and glorious Nation they once were.
The hopes which the Minifters gave
of a fuccefsful ilTue to this war, at the
time when they commenced it, were, that
his Majefty was at peace with all the
world befide : yet they have fo contrived
their meafures, and have fet the condud:
of the war on fuch a principle, as hath
brought almoft every maritime power in
Europe to be hoftile to, if not enemies of,
this country. The confequenccs of thefe
meafures in event, have fo combined
America with Europe, that the contefl
is become an American war in Europe,
and a French war in America. The mea-
fures of the ftate of the fervice which he
prcfumed to offer, tended to feparate this
unfortunate combination -, (o that by
fuccefs, and a temperate ufe thereof, peace
in Europe or America might train in fe-
paratf negotiations (each on its own
grounds)
'S
:r,5 ■ ■ t
'"'> (■ 'M-f r«».T-''jv'Y>»
H
PREFACE.
u>
grounds) and render it again poffiblc
that, in that ftate of bulinel's, the medi-
ation of friendly powers might take
place.
Thefe memorials in pure zeal, which
the Memorialift hopes has not palTed its
bounds, and in perfedl duty, are laid at
his Majefty's feet, by an old fervant of
the Crown, and faithful fubjedl.
i
i t^
T. P O W N A L L.
May
[ IS ]
Mav it please Your Majesty,
YOUR Majefty, by your fpeech from
the throne, having, at the moment
in which you are preparing to carry on
the war with the greateft vigour, de-
clared your wifh of procuring for your
fubjcdls and their interefl: that protedlion
by peace, which you are endeavouring to
obtain for them by war ; having, under
the fame confcious magnanimity as you
put an end to the late war, exprelled to
the world your readinefs to put an end to
this.
The French King havin ;\ , x his let-
ter to the Archbifhop of *■■' i.j, given
pledge, in an a(5t of devotion, to his royal
word, that he is deiirous of peace.
Two Auguft and Imperial Sovereigns
having offered their mediation in nego-
tiations to the fame end.
The Americans (the fource, caufe, and
objedl of the war) having, by perfons aU"
thorized by them to treat of peace, declared,
that any reafonable meafures to that end,
/Jjould have every ajpjiance in their power ^
3 whenever
W^
'fl'iWyy it!' w*','^*~vwr" ■
ri
li
r 16 ]
"whenever Great Britain fiou/d he difpofed
to it, (Nov, 23, 1 78 1.)
And thefe laft notices having * come
to your Majefty's Memorialift (as he did
•f- immediately communicate to your Ma-
jefty's Minifters) he, an old fervant of the
Crown in this line of American fervice,
pradlifed and experienced in thefe affairs,
prefumes to obtrude himfelf into your
Majefty's prefence, and to lay at your feet
the follovi^ing memorial, as the laft and
only effort which Providence hath left in
his power, of doing his duty to your
Majefty and to his country.
If it were certain that a congrefs of all
the Powers concerned in the prefent war,
held under the mediation of the high
Powers who have propofed the fame,
would be produdtive of peace; yet no
fuch congrefs can meet until the feveral
parties, amongft whom parts of this great
bufmefs form more particular relations,
Ihall mutually amongft themfelves fettle
fome preliminary articles, as to the man-
ner in which they will meet, and as to
the points in which they will (as our law-
proceedings phrafe it) join ilTue on the
matters to be difcuffed. Until fome
* December 5, 1781. t December 6, 1761.
grounds
[ 17 ]
grounds of agreement , whereon your Ma-
jefty can fufFer the Americans to meet
your Minifters, or to attend fuch con-
grefs, fliall be fettled by fome prelimi-
nary negotiation, your Majefty will never
acquicfce in fending your Minifter to any
congrefs into which their agents are ad-
mitted as Minifters. This muft be an ad:
of your own, in which no foreign Power
can interfere, fo long as the Americans
are your fubjedts.
This memorial on this point, from pre-
cedents of what hath been done in the
like cafe, fuch at leaft as may exculpate
his prefumption, endeavours to feek thofe
grounds on which the way to peace may
be cleared and plained.
He would not dare to hold in your
Majefty's prefence, an opinion that any
fuch treaty (hould be held with rebellant
fubjedts, did not the following precedent
fliew that an EngliQi Sovereign had fo
reafoned in the like cafe. In the year
1575, Que n Elizabeth offered her office
of mediation* to Philip King of Spain, to
the purpofe of forming fome compromife
between him and his fubiedts : and fend-
ing Sir Henry Cobham on the occiifion.
* Carte, Cambden, &c.
€
dire6led
1
•1 -
[ '8 ]
directed him to reprefent the mifchiefs
which muft enfue from the Dutch pro-
•vinces falling under the French fubje&ion i
and to prefs King Philip earneftly to
make peace, rather than run that danger.
Afterward, when the Dutch Deputies de-
clared, that if they were rejedred by Eng-
land, they muft apply to France for affift-
ance, the Queen was alarmed, and pro-
mifed to ufe her infiances again, to procure
them a reafonable peace. In the year 1 576,
fhe fent accordingly Sir John Smith to
Spain on the fame errand. Her Majefty's
reafoning on this occafion took it's ground
iirft from necejfity, faying, that the greateft
princes and monarchs that ever were, have
been driven fundry times to yield to ne-
ceility : Secondly, from policy , cautioning
the King lejl the lofs of' thefe provinces
Jhould put in peril his other Jiates and king"
domsy being divided fo far afunder as they
w^re: And laftly from prudence, that by
acceding to fome compromife he would
fpare innnite treafure, that was moil un-
proiitably employed in the weakening of
himfelf, by the deflrudion of his own
natural fubjed:s. Not fucceeding in thef*
advices, fhe entered into a league witli the
States, and fent, in 1 577, Thomas Wilks
to Spain, with a manifesto of her reafons.
And
t «9 ]
And Lord North's eldeft Con*, with feverai
other noblemen, went and ferved in their
caufe. Her Majefty ceafed not hoWevef
to prefs the neceffity of fome compro-
mife, and in 1578 fent the fame Wilks
to Don John of Auftria, to advife him to
yield to a truce. All was in vain. The
King however, in the year 1 609, did agree
to a truce with them as with a free peo-
ple -f-, under the guaranty of England and
France, mediators J.
If any grounds of agreement, any preli-
minary terms, leading to peace, could thus
be obtained, under fuch a truce as your
Majefty might find it confonant to your
honour to grant, your Memorialift moft
humbly propofes that fuch fliould be in-
definite', at the will of either party, or if
made under guaranty, with the confent of
the guaranties, to terminate on notice
given according to the law of nations and
of arms : ift, Becaufe if it were definite
it would fubfift only by cabals preparing
for certain war, fo as to obftru(5t inftead
of open the way to peace : 2d, On the
other hand, if the truce be definite, your
Majefty, or (if there be guaranties) the
guaranties, at any moment in which
j;j
* Cambden.
\ Due de Sully.
t Temple and PufFendorf.
C 2 your
\u^
II
[ 20 ]
your Majefty or they faw any ill ufe or
abufe made by mal-pradtices, or bad faith,
to the diminution of your rights, or
thofe of your people, might annihilate the
ground on which fuch mal-pradtices took
their courfe, by declaring the truce at an
end. On the contrary, if the ufe ofpof-
fejjion granted under a truce were nor mif-
ufed, but if fo ufed as to lead to treaty
for peace in future : fuch treaty might
wait events, or take place as emergent
caufes called it forth ; might have its true
digeftion of negotiation, and not rifque
the being broken off by the determina-
tion of a definite period j or it might
continue, without falling back to a revival
of all the difficulties with which this
bufinefa muft always be entangled and
perplexed.
Under fuch a truce granted by your
Majefty, the States of America (as the
Commiflioners fent out from Parliament
filled them) being in the poUeflion, ufe,
and exercife of certain powers, as Free-
States defaBo (while your Majefty quit-
ted no claim, but remained in pofTeffion
of your rights unafFeded, and of your
honour unimpeached) would, if the ftate
and circumftances of Europe required
their attendance at any congrefs, come
4:h.ere as fuch only by virtue of the truce
under
[ *I ]
under which they held quiet pofTeflion,
and had the ufe and exercife of their
powers, and not by right claimed : for
until other Sovereign Powers fhall, as the
French King hath done, acknowledge
their independence, they cannot be re-
ceived as independent States, the allies of
any other Sovereign : On the contrary,
fuch a truce would relieve all difficul-
ties with thofe Sovereign Powers, who,
though they did not acknowledge their
independence, might fee the neccffity of
thefe Americans being admitted as atten-
dant, if not component parts, of any con-
grefs which (hall meet.
The chief matters refpecfting the modes
of pojfejjion and the regulations of commerce,
being by preliminary treaty, under the in-
definite CO tinuance of fuch a truce, ar-
ranged an ^ fettled, would clear the way
of the pi in. >al difficulties of negotiation
in any cong»jls 'o l>e held, both as to
forms, matters, and qerfons, and preclude
all cafes wherein your Majefty's honour
might be « ommitted.
Further : The putting of any negotia-
tion, which your Majefty might permit
to be undertaken, on the ground ot fuch
a preliminary truce, in order to prepare
iTi..i crs for the meeting of a congrtfs,
will ^ive (notwithftanding fuch treaties
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already fubfifting as the Americans have
with the French King, and to which they
referred in the late propofals) both op-
portunity and right to negotiate feparately
without France ; as fuch preliminary ne-
gotiation would in no way contravene nor
pven bring into queftion treaties already
fubfifting.
This memorial taking up the confix
deration of your Majefty's iervice in the
affairs of America in this point of proce^
dure, the Memorialift prefumes to offer
his ferviccs to undertake a negotiation
for the purpofe only of fettling a truce
with the Americans, as a preliminary
tneafure, in order the better to treat of
peace in future j either feparately or in
any general congrefs of the Powers of
flurope.
The Americans, although they have
hitherto declined offers of conciliation,
and even of treaty, are yet, at this time,
even fince the advantages gained for them
by the arms of the French King, ready
and willing to treat.
The character of all nations, where
the power of deliberation lies with the
people, fludluates between the extremes
pf confidence and jealoufy. The peculiar
charadteriftic of the Americans is, jea-
loufy to the extreme. Great Britain hath
not
[ *3 J
not been without her jealoufies, as un-:
founded as the other. That repercuflion
of the fpirit of je^loufy wrought the
bi'each in your Majefty's government in
America, and brought on the war. The
fame fpirit is now fermenting in Artierica,
to jealoufy of their great and good ally the
French King. That paramount fovereign-
ty of the Britifh Crown, which they feared
in apprehention; actuated now by their
General, fupported by a French army,
they now feel in fadt. The many points
on which future union of fyftem, and con-
junct powers and operations, muft turn j
the many difficulties which muft arife in
eventual partitions of the advantages to be
derived ; the very different idea of remu-
neration which muft naturally arife in the
expedlition of the French troops, and in
the eftimation of the Americans y . the per-
plexities which muft occur in arrangements
that muft be made in quartering and fup-
plying a regular army, that will not be
ftiifted off, in the manner in which the
poor v/retches of an American army have
been treated ; the provoking infolcnce
which the Americans muft experience from
the French j but above all (of which the
grcateft ufe may be made) the contempla-
tion of the manner of getting rid of this
army of allies, when ihcy want their fcr-
vice
-'"V'v;.
S
Ir
[ H ]
vice no longer, and define their departure)
all thefe, like the original principles of dif**
Iblution mixed with the human frame, are
working to difeafe Syptoms of the fenfc
with which they feel thefe things begin al-
ready to Hibw themfelves, and will foon
work to jealou5es that will break out in
open quarrel, if your Majefty's meafures
ihall give fcope to them. All thefe points
confpire not only to make- it the intereft of
the Americans, but their widi, to com-
mence fome negotiation with Great-Britain
before they are more entangled and involv-
ed with thefe fufpedted allies : if this crifis
be neglected, they may however be fo en-
tangled, that their endeavours to emanci-
pate themfelves, although confpiring, with
the efforts of Great-Britain, may not be
able hereafter to co-operate to any effect
tual purpofe. Although the. Americans
have refufed offers of conciliation, and
propofitions of treaty with Great-Britain ;
yet, when the grounds and reafons of their
condudl are compared with the nature of
their circumftances, and the circumftances
under which thefe offers were made, a man
of bufinefs will not only be not lurprized
that they did thus re jedt offers, and decline
treaty, but, from the nature of the reafon,
will take experience how to frame any fu-
ture negotiation on more pradical grounds.
The
The terms of conciliation which were'
framed by Parliament, and fent over to
the feveral Governors in America, in
order that they fliould lay them before
the refpedtive aflcmblies of each province,
became inadmiffible to thefe people; ift,
becaufe they were addreiled to bodies of
men, who had delegated the powers of
treating of thefe matters; while they
pafled by that body of men with whom
that power did refide : 2dly, becaufe
the receiving of them by the refpecflive
Affemblies would have been virtually to
diffolve that union which exifted collec-
tively in the Congrefs only: and 3dly,
becaufe, under the queftionable form un-
der which they came to the Afiemblies,
had the people acceded to them, they
muft previoufly be fuppofed to have given
up that claim of right, on the claim of
which they had feparated from Great
Britain. In the predicament therefore
under which they ftood, they could not
receive them. The fame error of endea-
vouring to make ground to fuit the plan of
a meafure, injiead of forming the meafure to
ground as it lay infacit rendered all prof-
fers of treaty in 1778 impradicable. The
Congrefs could not commit itfelf by tak-
ing up propolitions offered by the Com-
npiflioners ; becaufe it faw, that in mak-
ing
1; -'
;fl
t* :
I'M
■ml
' X
m
': V
[ 26 ]
iiig thefe offers they had exceeded their
powers, and believed that Parliament,
not bound even in honour to acquiefce,
would not ratify them. Befides, however
flattering the offered cejjions might be; the
propofed union under which they were to
vake place, according to the plan of the
Commiffioners, fuppofed a non-exiftence
of, or an inefficiency in, the Congrefs as
to ilate-afFairs, which for the future were
to be carried on in each refpedive Affem-
bly of each feparate Province. T^he United
States, therefore^ in Congrefs affembled, muft,
before they could admit thefe propolitions,
concede deliberately to a previous adt of
abdication ; the offer therefore of thefe
ccffions became inadmiffible by Congrefs.
Although thefe ceffions, which the Com-
miffioners in the hour of their humilia-
tion made offer of, were not admiffible
as propojitions to be treated upon j yet the
Congrefs took the ground which they
gave, as ground exifting in fadl, and re-
quired an explicit acknowledgment of their
independence : or a withdrawing of the
fleets and army.
The nature of the ground which both
the conciliatory propofitions, and the
offers of the Commiffioners, took, being
ftK:h as the Congrefs could not meet
upoa without renouncing their exiilence ;
and
r]7^"iis^~^s'-.-'' *•■'■'
,iPvii!\ir'r!»«vr-wt"-T
[ 27 ]
and which the feveral AiTemblies could
not meet upon without renouncing their
union in Congrefs j was the true reafon
why the one could not be accepted, and
why the fecond was inadmiffible in
treaty : not that the Americans were not
willing to treat, or had not many inte-
refting concerns to treat for, as will ap-
pear more fully in the following flatc of
ihe circumftances and relations in which
they ftood towards the fovereign Powers
of the earth, amongft whom they de-
clared themfelves to have taken their equal
Jiation.
From the moment that they declared
that their allegiance to the Britifh Crown
was abfolved, and that their political con-
nexion with the Britifli ftate was dif-
folved, they became aliens in Great Bri-
tain 'y a trading nation of aliens, without
any treaties of commerce, fuch as regu-
late the commercial intercourfe, under
the lil^c benefits which nations having
treaties of commerce with Great Britaia
enjoy.
If they trade with other nations, and
wiih to trade at large, and not by an ex-
clufive trade with any one only, they
muft make commercial treaties particular
with each nation, and fettle the whole
ajrrangement of tarifs peculiar to the
terms
1 »
i
il.
I
;r
[ 28 ]
terms of their fpecial treaties for them-
felves J as they have no longer any right to
communicate in, or enjoy, the fcederal
benefits which they had hitherto enjoyed
under their allegiance to the Britifh
Crown, and during their continuing parts
of the Britifli nation. Thefe rights,
which the Britifh Crown had, through a
long fcries of wars and treaties obtained,
they, by their feparation, have loft all
right to amongft the nations of the earth.
They ceafe to have any right to, or
ihare in, any of the Britifli fifheries,
which arc by treaties, and the laws of.
nations, the acknowledged appendages of
the Britifli Crown.
' They have loft, lofing the benefits of
the Britifli ad: of navigation, the carriage
of the American and Weft India trade to
Great Britain.
The two laft branches of navigation
was the great fource of their fliip-build-
ing bufmefs, and the creation of their
feamen.
They have loft all right of trading .to
the Britifli dependencies, by which they
are cut oft' from their circuitous trade be-
tween the fiflieries, Africa, and the Weft
Indies, in fifli, flaves, &c. and in mo-
lafles, the ground of their diftillery.
They have loft all right of being pro-
tcdted
[ 29 ]
te<fted under, or of being admitted to a
fliare in, the ftipulated privilege of cutting
logwood in the bays of Campeachy and
Honduras, which Great Britain enjoys
under treaties with Spain. Under cover
of this privilege, the Americans chiefly-
carried on, during their connection with
Great Britain, an extenfive and advan-
tageous commerce, to a degree and in a
manner, fometimes, fo as to involve Great
Britain in mifunder/landings with Spain
on their fole account.
Finally, having renounced the protec-
tion of the Britifli flag, they have to treat
for the acknowledged eftablifliment of
their flag ^ as alfo for the terms on which,
and the extent to which, it fhall be re-
fpedted by each nation. They have all
thefe rights to fettle with every nation of
Europe; but more efpecially with the
Barbary States and ihe Turkifli Powers; as
they can no longer profit of failing un-
.der the protedion of the Britifli Mediter-
ranean paflfes fettled by treaty with Great
Britain.
They have no right to the benefits ac-,
corded to Great Britain by the Ruffian
treaties of commerce, unlefs obtained by
fome new treaty of their own, or enjoyed
under fome tacit interpretation of her
Imperial Majefty,
They
5
m
m
tl
' , I
[ 30 1
They can have no right to partake of,
or participate in, the benefits of the trea-
ties which Great Britain hath with the
kingdom of Portugal, until they fhall
have made like treaties of alliance and
commerce, unlci's under connivance for
theprefent. . '>
They have alio to fettle the terms un-
der which they (hall pafs the Sound into
the Baltic.
Nor is the manner in which their flag
fhall be received into the Port of Oftend
yet fettled.
This memorial does not enter into the
predicament in which the American com-
merce muft (land with refped of trade to
and from Ireland, as that is become a
hufinefs above, and beyond, the compre-
henfion of the Memorialift. As they now
Hand, they have all thefe rights, bothy^-
deral and commercial^ to negotiate for, ma-
ny of which Great Britain obtained in
confequence of great and fuccefsful wars.
If they can obtain thefe under any re-
union with their nation and mother
country, inftead of having them to fo-
licit and treat for in every Court (not
(landing on the vantage ground which
Great Britain did when (lie obtained
them) a people pradtifed and experienced
will net he unfeeling to their own inte-
reft.
[ 3« ]
reft, nor at a lofs to fee their way to it,
whenever any preliminary treaty fhall
have opened the way for them. ^. -,
To Aim up all, they do in fadt feel all
thefe matters and reafoning; and per-
fons are authorized by them to treat of.
peaccy and thefe perfons have declared
that any reafonable meafures to that end
ihall have every afliftance in their power,
whenever Great Britain (hall be difpofed
to it.
It does not appear to your Memorialift
(with the moft humble deference he
fpeaks it) poflible, that any Minifter
from your Majefty, after the offers of
ceffions made by the Commiflioners, and
after the demands made by the Congrefs
thereupon, can meet with the Congrefi
upon ground of treaty, until fome preli-
minary terms be fettled, as they may be
beft fettled, under the conditions of a.
truce as above ftated.
Your Memorial ift, from his experience
in this bufinefs \ from information of the
ftate of things, being convinced that a
preliminary negotiation may be com-r.
menced j from his knowledge of the per-
fons with whom fuch matters mufk be
negotiated, as men with whom it was
once his duty to adt, with whom he has
a^d, with whom he has negotiated bu-
fineis^
!,. >}
if
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t 32 ]
finefs of the Crown, and whom, how-
ever habile and dextrous he found them,
he always experienced to be of good
faith ; as men who have known your Me-
morialid in bufinefs, and will have that
confidence in him which is necefTary to
the digeftion of affairs ; is bold to offer,
by his fervices, to undertake this negotia-
tion, and is ready, whenever your Ma-
jefty fhall command him, to fubmit either
to your Majefty or to your Minifters, as.
fliall beft pleafe your Majefty, his ideas of
the line in which it cught to train.
He does not prefume to vaunt of his
former fervices in this American line, al-
though he fliall always be proud of the
approbation they received. They are
no V forgotten ; and his fole ambition is
to eftablifli new merit in your Majefty *s
eye by new fervices to your Majefty and
to his Country : nor doth he defire, in any
Ihape whatfoever, any other reward.
All which, craving your Majefty's moft
gracious interpretation and pardon, if
aught fliall appear amifs, is with the moft
zealous duty to your Majefty, and in ex-
treme anxiety for his Country, fubmitted
to your Majefty's wifdom.
' Richmond^
January i, 1782.
T. POWNALU
Mav
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[ 33 ]
-'■^ ■ - - ----- -' '-" ■ - ■ "
1
MaV it PLEASE Your Majesty,
YO tJ R Memorialift having, by his
memorial previous to this, which
he now begs to lay at your Majefty's
jfeet, pfefunied to ftate how, by negoti-
ation for an indefinite truce, Great Bri-
tain, without committing the honcur of
the Crowni might advance to and /land
on, together with America, grounds tjf
agreement ; ahd having fuggefted that, Ji
Jiandihg, fhe might, without diminution
or impeachment of the honour of the
Crown, treat with the Americans as with
free Jiates de faSio, under a truce-, do^
herein proceed, in cafe all compromife
ihall be found inadmifHble in idea, and
all accefs to grounds of agreement im-
j)radticable in fa<S. to fubmit his opinioo.
bf the ftate bf the fervice in America.
Your Memorialift having been in tha
fervice of the Crown during the laft war
in America, in charafters wherein it was
his duty to be informed df and to itudy
thefe objeds; wherein it was his duty to
P giv«
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[ 34 ]
gjve his opinion on military operations ;
wherein his opinions were formerly adopt-
ed i moft humbly hopes that he (liall not
be thought to have gone too far in pre-
fuming to give the opinion which fol-
lows.
, Your Majeily's government is extended
over the provinces Quebec and Nova
Scotia ; your Majefty's arms poiTefs New
York, and in fome meafure cover the
pofTeflions of the Staten and Long Ifland;
pofTefs alfo Charles-town, and have an af-
cendant command in Georgia and Eaft:
Florida. Between the frontiers of New
York, New England, and Quebec, there
is a diflridl pofTefTed by a number of
people, who having withdrawn them-
lelves from the revolted provinces, and
taken as yet no part in the war, have for-
tified themfelves in a ftate of neutrality.
The pofieflion of the provinces Qiiebec
and Nova Scotia, is necelTary to Great
Britain fo long as (lie retains her planta-
tions in the illands of the Wefl Indies :
they are the fources from whence (at a
fcertainty, under all events) thefe iflands
can draw their necelHiry fupply of lum-
ber, fi(h, and live ftock. The memorial
does not here take notice of the fupply of
flour, corn, and grain, nor of falt-provi-
fions, which may in future be drawn
from
'-2-iiU.
JS -
[ 35 ]
from thence, as he conceives that thefe
may be more beneficially at prefent drawn,
the firft from England, the laft from Ire-
land.
The pofieflion of thefe provinces is
neceffary to Great Britain as a naval
power : without them, flie can have no
naval l>ation, command, or protedtion in
the American feas : with them, fhe may
have all thefe, although they may not be
able to fupply at prefent her navy with
all the naval ftores that (he may want.
They will, however, fupply fufficient
quantity to ward off the monopoly which
fome of the northern Powers of Europe
have formerly endeavoured, and may again
endeavour, to eftablifli againft Britain ;
and have, and may again, as far as fuch
could be eflabliflied, ufe it hoftilely
againft her.
The piovince Quebec, occupied to the
extent that the variety of its natural pro-
duels and capabilities go to, will become
a much greater fource of trade, in all
events, than may appear openly at firft
fight. This province, by the command
which it hath of water-carriage (if the
maintaining of that command fhall be
duly attended to and continued") will be
the market to, and have the fuppiy of, not
only the Indians, but of all the inhabit-
D 2 ants
11
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[ 36 1
ants of the back countries, as they fhall
become fettled, be they fettled by whom-
foever they may; for the merchants of
this province, by advantage of their wa-
ter-carriage, and by their eafe of com-
munication, v^rill be able to fupply the
diftant market cheaper than any other
can, and will of courfe have the cuftom.
To defend and to maintain command
in this province, the Memorialift ventures
to fay it will be neceflary to maintain
fuch a naval eftablifhment on the great
lakes, and on Lake Champlain particu-
larly, as (hall hold command in them.
This mcafure this Memorialift firft had
the honour to fuggeft and recommend at
a congrefs held at Albany in the year
17545 this meafure was then adopted,
was for the firft time in 1755 put into
efficient execution, and proved a decifive
meafure in the events of laft war.
Such a naval power is necelTary for the
defence of Montreal and Quebec; fuch
is ne^effary to the maintaining of autho-
rity .vith the Indians, and to the keeping
open the courfes of trade and commerce 5
it is neceffary to cover the advancing fct-
tlements of the province, as in time it
fhall be enlarged in population and habi-
tancy.
The pofTeffion of the province Nov-a
' ■ Scotia,
[ 37 }
Scotia, by the command that a naval fla-
tion at Halifax may give, is neceflary to
the protection of the northern fifheries in
America, at leaft to fuch fharc as this
country may hereafter have in them.
The fort of intereft and power which
may arife from a right occupying of thefe
provinces, will always retain fome hold
on the thirteen tribes which have gone off
from Ifrael'y and when war (hall end, will
make it their intereft to feek the alliance
of Great Britain : as, on the other hand.
Great Britain will always find it her in-
tereft to maintain a maternal alliance with
the Americans, her defcendants.
It is an objeftof fuch interefting impor-
tance to the Americans apd French, that
Great Britain fhould not poflefs thefe pro-
vinces as an enemy, that they will certainly
become an objed: of attack : Halifax and
penobfcot will be attacked next campaign
by tlie French and Americans, and moft
likely Canada alfo. The defence of thefe
provinces, and the maintenance of thefe
pofts, is of fuch and fo great importance
to Great Britain, that all the force which
can be fpared for the North American
fervice, ought to be united at thefe points,
and not divided. They ought not to be
frittered away by being ftationed at poft§
where the fervice is not fo decidedly ne-
ceiTary, and where, not by the fatality,
P 3 but
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[ 38 ]
but by the natural courfe of war, they
mud lurrender.
The defence of the province Quebec
depends, ifl, on the maintaining of the
naval command of the lakes ; 2d, and
next, on having within diftance of fupply
and relief (and of mutual communication,
where that can be contrived) ftrongly-
fortified pofts, with fufficient garrifons,
{^t the beads cf the nvaters oix^iVW. province,
on Lake Champlain, with outpofts on
Lake George and Wood Creek, and on
the rivers St. Lawrence, St. Francis, and
Chaudiere.
I'he crc6ling the diftritft aforemen-
tioned, lately called Vermont, into a fron-
tier province, under fuch eflablirhments
civil and military, under fuch tenure of
property, and fuch frame of government,
as fliall make it v/orth the while of thofe
individuals (both thofe who lead and
thofe v/ho are led) to wifli to be under
fuch government, would prove a mcafure
that might be wrought to a principal
part of Arengtli.
Another part of defence and llrength
added to the province Quebec, would be
a right eftablidunent and adminiftration
of Indian affairs.
The fettling fuch of the loyalirls, re-
fugees from the Americans, as choofe to
live
[ 39 ]
live under BritiHi government, in a way
not to ruin but to prefcrve them, is not
only a meafure which honour, juflice,
and humanity require; but the fettling of
them in thefe provinces (if that be done
as it ought to be) will in time become
one of the principal means of defence and
ftrength to them. The giving to''thefe
unfortunate and ruined people lands, in
the common idea of that meafure, would
be cruelty under the cloak of benevo-t
lenee ; but the purchafmg for fuch of
them, vv'ho had been farmers, farms, in
part brought forward into culture (called
by the Americans improvements) and the
fettling them where they will be of the
greateil ufe to the civil government, as
alfo to the military defence, as a militia,
would be an adl wherein true wifdom and
real benevolence would unite. To thofe
who had not been ufed to farming, but
were merchants, houfes ihould be given,
with the means of commencing again, in
fome degree, their bufinefs. Thofe who
were merely tradefmen and mechanics
will be more eafily fettled and reinllated.
Thofe who in their original homes, from
whence they have been driven, were ad-
vanced, or were advancing, to honours,
and a fliare in the government of their
country, will of courfe become fubiejlts
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for truft and employment^ with yout Ma-
jcfty. '
The defence and flrength of Nova Sco-
tia will depend principally on a com-
manding naval force, whofe port, dock,
and ftation, will be Halifax j arid on a
ftrongly-fortified poft/ with a refpcftable
garrifon, at Pendbfcot; while the feat of
government, removed from all interfer-*
ence of navy or army, rcfides at Anna-
polis-Royal.
When the prefent Memorialift was Go-
vernor of the province MafTachufett's-bay,
knowing the importance of that pofl of
Penobfcot, he took polteffion of it; and
built a fort there, which the people named
Fort-Pownall. The province paid the
expence of the meafure, as alfo continued
to provide for the maintenance of the gar-
rifon therei He received the gracious ap-
probation of his late Majefty, cpnveyed to
him by Mr. Secretary Pitt; fo that the im-
portance of this poll hath not been un-
known, and is not new to Government.
The peop'e of MafTachufett know fo well
the importanceof it, that they will not only
make it a point of their own fervice, but
vyill never ceafe to urge their allies to
affill: them -n getting poffeffion of it. Your
Memorialift doth apprehend that meafure
to be already concerted and determined.
This
I 41 }
This pofl ought to have, as part of it*5
garriron, a confiderable body of light-in-
fantry or wood -hunters, employed as par-
^izans in a continual range of fcouting
on the line of communication between
Penobfcot and Chaudiere, which will
then be the line of frontier between New
England and Nova Scotia j on which there
ought to be fuch temporary pofts as the
Romans ufed, and called ftationes ajftivae.
There ought alfo to be a number of
whale-boats kept here, as by means of
fuch the mofl: efficient and moft fpeedy
application of force might be made,
whenever, in cafe of irruption, it might
be fuddenly wanted : and becaufe, while
\ye are always ready, the enemy would
find it a hazardous enterprise, which they
would fcarce rifque, to crofs the Penob-
fcot river, as they might be fo eafily cut
off from retreat.
The having a fleet in the North Ame-
rican feas, which ought to be afcendant
there, is' neceffary; ift, to the defence
of the provinces Quebec and Nova
Scotia J 2dly, is neceffary to the maintain-
ing the communication between them,
and the communication of the forces
pofted within them, to the fupply of the
fame, and to the maintaining free and
open the navigation to and from them,
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[ 42 1
to the Weft Indies and to Europe. It is
neccllary to the protedlion of the North
American fifheries.
New arrangements will become nccef-
fary to be mad* either by reforming the
civil, naval, and military commiflioners,
that they may no longer, as they have al-
ways hitherto done, both in jurifdidtion
and execution, interfere with each other,
but confpire to the one great point, your
Majefly's fcrvice.
^lis Memorialijl tvould betray his diityy
if he did not here mtniion the necrjjity
which will arife of cfabUfuing a Free
Colonial Conflitution of Goijcrnmcnt in
thife provinces 'y but he does not now en-
ter into it, as that is an important matter
of confidcration fcparatc from the prcfent.
It will however mix itfelf efientially in
the confequences.
The fquadron po/led at Halifax, and
the fquadron ftationed in the Weft Indies,
unlefs they are united under one general
command as at prcfent, will of courfc
have their orders to co-operate, and to '
join in part or the whole, as the fcrvice
in its emergencies, for which no inilruc-
tions can be given, may require. The
Weft India fquadron will, in the ordinary
courfe of fervice, convoy the trade up to
the latitude of Bermud-", where the North
8 American
-J 43 ]
American fquadron will take It up, and
convoy it to theWeftern ifles, or perhaps
only to the Banks of Newfoundland, as
the cafe may require ; and the European
Weftern fquadron will be ready to receive
it at its approAch to Europe : and fo by a
like divifion of fcrvice from Europe back
to America and the Weft Indies.
The confideration whifch arifes upon
your Majefty's ifland Bermuda, will come
more properly fubmitted. to view at the
fame point with that of Charles-town.
The pofleffion of the city New York
arifes next to view. As this memorial
hath ftated above the neceflity of the
command of the province Quebec be-
ing carried up /<? the heads of the icaiers of
that country; fo if the command of New
York had been, as it iliould have been,
carried to the command of Hudfon-river,
the importance of it, and of maintaining
it, could not admit a doubt. The com-
mand of the Hudfon-river is the objedt;
not the port of New York. This is not
by its nature calculated for a dock-yard or
a winter harbour ; it may, if there were
none elfe, be ufed as fuch, but with much
inconvenience, and liable to accidents.
Halifax is the place fuited beft to this
purpofe, and is at the fame time a fafer
and more commanding flation. The
command
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Command of the Hudfon-rivcr, aa this
Mcmdrialift hath on repeated occafions
explained, might have given communica-i
tion, co-operation, and union of force, to
your Majefty's arms and government j;
and would have cut oiF, in the very fpine,
all that communication of reciprocal fUp-r
ply, all that co-operation and intercom-
munion of force, which was neceflarv to
the enemy ; but from the moment in
which the command of this river was
abandoned, the terminus ad quern being
given up, the terminus a quo was of no
more ufe in that view of fervice; which
experience hath fincefufficicntly evinced,
in the pafling and repaffing of that river
by the enemy, as their co-operations of
fervice required, or as it became neceflary
to cut off all co-operation between the
parts of your Majefty's fervice. As to
the keeping pofleffion of this pofl for the
purpole of trade, that will much better
go on where there is no military fuperin"
tendency. If uponfyjiem, looking and j uftly
directed to that point, the operations of
your Majefty's fervice had been carried to.
a general pojpjfion of All the trading ports
on the coajis, Bofton, Newport, New Lon-
don, Newhaven, New York, the Dela-
ware and Chefapeak bays, and Charles-
town, that would have been another mat-
ter:
i«l«aiiii^^.^,i»IP|«nF,
t 45 ]
tcri but the pofleffion of one or two
only will have no other cffcft than the
ordinary courfe of trade hath had, that of
railing one port by the diminution of
another, of raifmg that which is free, and
deprcfling that which trades yr^3 haft A. *
In a military view it becomes well wor-
thy of conlideration, whether this poft,
inftead of being merely dcfenfive and
prote(flive, may not, like Gibraltar, prove
an unceafing poft of war, which will
cxhauft the rcfources and diflnadt the for-
ces of your Majefty'S fervice. Bclides,
this garrifon, unlefs there be an army alfo
in the field, can never, as a garrifon, cover
the Staten and Long Ifland, much lefs the
reft of the province.
Thofe who have alternately taken and
loft Charles-town, are the beft judges
how far it is capable of being maintained
under ths prefent ftate of the fervice ; are
judges of the comtnuijication, as part of
a fyftem, which it may have with other
parts of your Majefty's fervice; of the
certainty of adequate fupply and ne-
celTary fuccour it may depend upon. On
the other hand, confideration will ma-
turely weigh how much more this poft
(like that of New York) may exhauft the
refources and diftradt the forces of your
Majefty's fervice j as alfo how the garri*
fen
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[ 46 ]
Ton itlclf will be conftaiitly cxluiuflcd by
the nature of the fituatioii in fiich a cli-
mate, fo as to become a perpetual draught
on the r^ft of the fervicc. A garrifon
thus pent up on a neck of land, leads to
no command in or protedlion of the coun-
try i and in point of commerce the fame
may be faid of this as of New York.
The Memorial ill would not prcfume
thus to urge his opinion, did it not ap-
pear to him, that there is a port of much
more ufe ; much better calculated for
general fervicc ; apart by means of which,
if not at which, the North American
and Weft India fquadrons may form an
union of fervice : a Jlation which may
be employed to the greateft cffedt, both
in the protedion of the trade of your
Majefty's fubjerts, and in annoyance of
that of their enemies : a place in which
your Majefty's forces would live in the
inoft healthy climate. If your Majefty
ihould pleale to order your troops garri-
foning Charles-town to change their por-
tion, and part of them to take polt at
the ifland Bermuda j to order that illand
to be fortified as ftronc;lv as the nature of
the place (ftrong alfo by nature) and as
the art of military defence can make it ;
as ftrongly as the nature of the fervice
requires it fliould be made; every good
lA. purpofe
I'—aJbL.,
[ 47 ]
purpofc of nil important pojl would be
aiifwcrcd. It would become an entrepot
between the Weft Indies and Nortli
America, between the Weft Indies and
Kurope j a place of refuge to mercantile
navigation in cafe of diftrefs or danger in
thofe fcas j a ftation of annoyance, both
by frigates and privateers, to your Ma-
jcfty's enemies in cafe of war : and would
be found of twenty times the importance
which Minorca* now is in the Mediterra-
nean fea.
As to the provinces Georgia and
Eaft Florida, if the Memorialift dared,
from general ideas of the general fervlcc,
to cxprefs an opinion on a pa-ticular point
of fervice, where faSls have never yet
been afcertaincd, as to the benefits of
thefe provinces compared with the ex-
pence of their eftabliflimcnt and their
ufe; as to the ftate of their command or
defence ; and as to the effedl of a Britifli
government there j he would fay, that if,
on fome good occalion, and for good and
fufficient confidcration, they were ceded
to Spain ; the Spaniards and Americans
might h^rc make the firft experiment of
their alliance and mutual amity, in the
fettlerhent of a line of dimarcatlon between
their relpedive domains ; as alfo of arti-
cles of friendly commercial intercourfe
■* When this Memorial was written and commu-
nicated, Minorca belonged to Great Britain.
of
f 1;^
i 48 i
of their fubje£ls on thefe frontiers. Thik
his opinion is founded, amongH: other
ientiments, on a belief, that the one or
the other of thefe Powers would foon
apply to your Majefty for your royal me-
diation, if not for your protedion.
The fame, if not fomething more, and
jiioiJ particularly decifive> may be faid as
to thofe parts, where the French military
force (like the rider which the horfe took
to his aid) is afcendant in alliance with
the Americans, of the cffedi of your Ma-
jefty *s withdrawing your operations froni
interfering with the harmony of this al-
liance.
By thefe means (formed as the combi-
nation of events now is) the troops, inftead
of remaining polled in ftations l^''t give
no prote(ftion, that have no co-operation;,
that are liable to diftradt the efforts of
your Majefty's fervicc, and that are liable
to be cut off from communication of
fupply and aid ; would be fo drawn to-
gether, as that they would have commu-
nication and co-operation ; and give pro-
teftion to your Majefty 's fubjetts and
provinces^ and force and efficiency to
your Majefty's command and govern-
ment; and form a confpiring united
iyftem of that command throughout your
Majefty's dominions in America connetft-
«d with Great Britain,
By
?^?Vi'»',"if^': *■ ' ;
.- ^;\
I 49 ]
By thefe means your Majefty would
ibon find yourfelf holding the balance of
power between thefe new allies of that
country : a power that would carry com-
mand wherever it was called upon to in-
terfere.
All which, in perfed zeal and duty, and
upon his allegiance, is moll humbly fub-
mitted.
Richmond,
Jan, 2, 1782.
T. POWNALL,
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[ 5> ]
APPENDIX,
CONTAINING SOME ARGUMENTS WHICH
WERE IN THE FIRST DRAUGHT OF THE
MEMORIALS, BUT WERE LEFT OUT IM
THE SECOND DRAUGHT AS THEY NOW
STAND AND WERE TO BE PRESENT-
ED.
THAT the idea of the foverei'gnty
which the BritiQi State claims over
America, and againft which, as it was
claimed, America hath revolted, may no
longer hang fufpended over that meta-
phyfic ground on which it was at the
commencement of the quarrel firfl: /^'ted,
and on which it hath been labouring, un-
til the bufinefs itfelf is quite ruined ia
operation and nearly rendered impradtica-
bie in negotiation : it is in the following
paper ftated on the ground of Ja5}, as it
ilood in adt and deed bcfcff; the revolt of
the Colonies, and at. it now ftands lince
E 2 the
111
I
I
'! >
I»l u
;.k *:. ''-.f* ■ ■>jf. ■^■< n^ ': , ■- ■;
52 A P P E N P I X.
the journey of Britifh CommifTioners to
America.
--The Britifli idea of the Britifli fove-
reignty is, That the Americans as indivi-
duals, as alfo in their refpedtive provin-
ces, colonies, and plantations, are indiflb-
lubly united to the Brittjh St ate ^ as fub-
jefts thereof, without being participants
in the governing legiflature : That they are;
fubjedis of a monarchy, in and over the
limitation, lettlement, ;.nd eftablifliment
pf which, wholly refiding in Parliament,
they have no Icgillative controul : That
they arc lubjcds of the King, not in the
{l\me manner as a Briton, who is a parti-
cipant in the will of the ftate, is fubjedl to
the King, but-fubjedl to the King in Par^
Uamcnt. The Americans always held they
aie and ought of right to be fubjedt to
the King in the fiime manner as a Briton
is a fubjed ; but conceive x\\:\ the King
ill Parliament is a compound monarch, in
whom is united Icgiflative will and admi-
nillfativc execution, and who is therefore in
filTence and de fadto abfolute and defpotic.
Theie two ideas, if there can be no mo-
dification in the one or the other, arc
io remote, and have fuch incompatible
difparity, that they could never be
brought to, or Hand on, the fame ground
together.
■^
APPENDIX*
St
together. They never could unite in ad-
miniftration of the government of the
Colonies; and can never meet in any ne-
gotiation of their bulinefe s they now
Hand towards each other.
No fyftem of the adminiftration of the
Colonies could ever harmonize, much
lefs unite thefe two repugnant and dif-
cordant ideas, fo long as, or whenever'
the People on the one hand, and Officers
of the Crown on the other, wisre extrem6
to mark, without any modification, the
utmoft bounds of either.
The government of the Colonies was
always, by thofe who referred to the aciual
predicament in which the conftitutions
ilood, and not to legal theories, which
exifted only in the remembrance of law,
conduced by that fort of addrefs, and un-
der thofe mutual acquiefcences, by which
the marriage ftate goes on; wherein,
whilftone feems to govern, the other ac-
tually does fo: and which, though fome-
times difturbed with temporary mifun-
derftandings, is upon the whole the hap-
pieft flate.
Thofe of the King's fervants in Ame-
rica, who adminiftered the royal powers un-
der this idea oi praSficable Jbvereignty har-
monized with aSiual liberty y and who by
their conduct could acquire an intereft
£ 3 and
II
i
•ri4
», I*
?4
APPENDIX.
and afccndancy in the opinions of the
people ; could, and did govern the Pro-
vinces. Thofe Governors, and other Of-
ficers of the Crown, who could not find
in their admlniRration to admit of any
modification of the firidl leg:l idea of
fovereip-ntv, fo as to fet it on the fame
ground with that liberty which the people
called conflitutional, and claimed : thofe
who thus referred to an ideal fovereignty,
which never did exill in America, and
could fee and admit an aflual liberty,
which did exifl:, never could and never
did irovcrn thcfe Provinces. On the con-
trary, they perpetually brought the rights
of the Sovereign into difcuffion j and as
conftantly committed the lionour of the
Crown in difputes, wherein it always lofl
fome part, and have finally brought it
into a conteft wherein it hath loll the
whole. This is the opinion, and was
the fyilem, of a poor practical Governor,
who did govern his Majefry's provinces;
this is t/jc leaf out of his hooky which the
late Earl gf Plalifax dircded him to give
to his fuccclTor, Sir Francis Bernard,
that be vilght govern them as ivell as they
had been governed by the forgotten fervant
who writes this.
This idea of harr.ionizing, by pra<3ical
viodijkdtions of Sovereignty and Liberty ^ the
proceedings
o
APPENDIX.
55
proceedings of Government on conftitU"
tional ground, was the idea by which the
Americans dre^v the line of their rights
and claims. This ground, on which the
adminiftration of the government of the
Provinces had in ja£i always flood, was
the old ground which they petitioned to
be placed upon, and which they took
and fortified, in order to maintain, at the
commencement of this unfortunate con-
teft.
When the Americans were told from
authority, fupported by arms, * that
** No line could be drawn between the fit'
preme authority of Parliament and the total
i7idependence of the Colonies' — when this
alternative was the only ground left-^they
declared themfelves free and inde-
pendent: And,
ift. T^hat all allegiance to the Britifi
Crown is abfohed.
2d. That all political conncSlion with the
fidte of Great Britain is dijlbhed.
The conteil: ifTued in an appeal under
arms to Heaven, Events, by Jomething con-
trary to the ejlimation and ordinary courfe of
human affairs, have declared againll Great
Britain. She therefore, under powers
originating in Parliament, and by Com-
* Governor Hutchinfon's fpecch to the Afleinbly,
June 6, 1773.
milTioners
■i
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'M
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5^
APPENDIX.
miffioners commiffioned and inftru£tcd
J)y the King, has de faBo acknowledged
thofe Provinces, Colonies, and Plantations ta
he States. And by propofitions made, hath
oiFercd to confent to the eftabliflimcnt of
every State, with power, by its own legifla-
ture,
ift. To fettle its own revenue.
£d. Its military eftablifhment; fo that
no military force fhall be kept in
the different States of America,
without the confent of the ge-
neral Congrefs or particular Af-
femblies.
^d. To exercife perfeft freedom of le-
giflation and internal government.
If now, in the fame view as this paper
hath ilated the adtual exiflence of the fo*
vereignty prior to the revolt, the Minifter
of the time being fhall examine what
operation this ftate of fovereignty, which
the Commiflioners propofed to confent
to, muft have J they will find, that thefe
States, thus become independent in legif-
lation and internal government, indepen-
dent as tQ the purfe and fword j and being
removed from Great Britain at three
thoufand miles diilancej this propofed
fovereignty left to the mother-country
could in principij be but a half-fove-
reignty, and in execution no fovereignty
^tall.
1 Although
•<«*■
V
APPENDIX.
n
Although thefe propofitions were not
accepted} although the government of
Great Britain is by no law, human or
divine; by no point of juftice, exprefs
or implied; by no obligation, perfe(ft
or imperfedlj bound to meet the fame
parties on the fame ground : yet, this
ceffion having been proftbred by oerfons
authorifed from King and Parliament,
and thefe p«'opolitions not difapproved,
but the perfons who made them reward-
ed ; being made when America flood on
the defenfive j Great Britain, who re-
tired back to this ground under the then
predicament, can never, under the pre-
sent circumftances of the Britifh arms,
advance forward de fa(flo to better.
The writer of this paper, having fub-
mitted toconfideration, on the grounds of
fad: : Firft, How the fovereignty exifted
in efficiency, prior to the revolt : Se-
condly, On what ground it muft now
{land, as the flate of our negotiations have
placed it : And, thirdly, having in his fe-
cond memorial, by a detailed (late of the
fervice, (hewn how it flands committed, in
confequence of the events of war; cannot
perceive that he exceeds the bounds of duty,
which a faithful fubjed: owes to his King
and Country, when he recommended, in
his fecond memorial, the withdrawing
the
''11'^
i ;"'
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M
!
58 APPENDIX.
the troops from a fubordinate contefl: in
North America, which mufl be decided
by other events elfevvhere; or that he
offends again ft the ftridteft bonds of his
allegiance, when he recommends the
treating with the Americans as ivith
Free States^ for a truce, on terms of titi
poffedctis, as preliminary to a general con-
grefs of Europe; w^hile, faving the ho-
nour of the Crown, he removes the ftum-
bling-block which lies in limitc^ and re-
commends what may be made pradii-
cable : Nor that he could incur the im-
putation of betraying the Crown, if he
was a Minifter, and fliould advife, in
cafe the fovcreignty can neither be prc-
fcrved by arms, nor re-eftablifibed by
treaty, not a furrender or a ceffion, but a
withdrawing from the difmantled ruins
of a fortrefs, no longer defenfible or
tenable.
F
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A
MEMORIAL
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ADDRESSED TO THE
SOVEREIGNS of AMERICA,
[ Price 25. 6d. ]
•r
iri!
(
MEMORIAL
ADDRESSED TO
THE SOVEREIGNS
)
il^is
h
O F
AMERICA,
By GOVERNOR POWNALL.
To make Principles or Fundamentals, belongs not ^o Man,
to Nations, nor to Human Laws: to build upon fuch
Principles or Fundamentals, as are apparently laid by
GOD in the inevitable Neceffity or Law of Nature, is
that which truly appertains to Man, to Nations, to Hu-
man Laws : to make any other Fundamentals, and then
to build upon them, is to build Caftles in the Air.
Han ington's Political Jphori/ms, Nc« 85.
LONDON;
Printed 1783, and again 17S4.
^^1
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ADVERTISEMENT.
THE following Paper ftatesf,
and e^^plains the Syftcm of
the New World in America ; the
natural Liberty of the Individual
fettled there ; the Frame into
which the Communities of indivi-
duals (prior to all confideration of
Political Society) naturally formi
themfelvcs. By thefe principles it
leads to the difcuffion of the nature
of their States and their political
Freedom ; of the nature of the
Confederation and General Govern-
ment ; and from hence the Spirit
arid Temper of Polity, which may
hereafter form t^e Reafon of StatCy
Or Syftem of Adminiftration in the
affairs df that Erhpire, are fketched
6ut.
B k^
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■&•
Vpm
Is
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( ii )
As the feveral matters which
range under this general Subjedt are
intimately interwoven with the Ff-
/ence, and deeply intereft the Exifl-
enceoix\\\% Sovereign Empire, they
ought to be apparent to, and to
be underftood by, every Citizen of
America, who has a fhare in the
buiinefs of his Country : this Me-
>rial, therefore, is addreffed to the
Sovereigns of America. It is,
moreover, publifhed to the Citi-
zens at large, as " What concerns
" Ally Jhould he conjidered of by
Aiir
A pradical knowledge of the
matters contained in this Paper,
cfpecially of thofe points which
refped the new Syjlem of a New
World ; a knowledge of the Con^
Jiitution of the General Govern-
ment, and of the ground and
move-
( iii )
movements of the American Ad"
miniflration^ is indifpenfably necef-
fary to every Statefman in Europe,
who may have Connedions and
Habits of bufinefs u^ith this New
Emp're ; this Paper is therefore
publifhed to Europe at large.
It is not written for the Read-
ing, nor calculated to the Reafon-
ing of Britifti Politicians : it is
drawn by a Scale below fuch Sub-
limity: its home-fpun reafonings
will be unintelligible to Britifli
Statefmen, A itii Copies, how-
ever, are referved for the inferior
clafs of Readers and Reafoners
who will underftand the Memo-
rialift.
If He could flatter himfelf that
the Statefmen and Politicians of
Qreat-Britain would defcend from.
K. 2. diek
m
I n,
t '• U
1^
t.'i.fS
i
( 5^ )
their Superior Regions, and con-
<defcend to caft an Eye, or rather a
I'hought, on fuch a trifling Paper
of fuch an unexperienced Theorift
as the Memorialift ; He has only to
caution them againft patching their
poHtics with the only remnant-
rag of their folly that flicks to
their backs, viz. an Idea that an
Union with America^ orfome part
of it^ is praEiicable and politic. This
propofition,yr<:7;//^^ into a meafure^
is the only .e left to compleat,
beyond redwinption, the Ruin of
this Country.
ME«
M P M R I A X^
ADDRESSE D TO THE
SOVEREIGNS of AMERICA,
If i'
i i , ;.
HAVING prefumed to addrcfs to the
Sovereigns of Europe st Me-
morial, flating,
I ft, The Combination of Events, a$
they ftood in hO: and operation be-
tween the Old and New Worlds,
between Europe and America;
2dly, Marking the train of confequences
which muft have been the Effedl of
this combination, and which is in
part arifen into Event by the Efta-
^)li(hment of t|ie Sovereignty of the
American States :
s ' M
V:^'
1
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: lit
ji i
( 6 )
3dly, and laftly, Suggefting what that
fplrit of Policy, and marking what
ihat line of Condudl ought to be,
, with which the advancing State of
things fhould be met :
Fermit me now to addrefs this Memorial
to You Sovereigns of America. I
ihall not addrefs you with the Court-titles
of Gothic Europe, nor with thofe of fer-
vile Afia, I will neither addrefs your
Sublimity or Majefty, your Grace or Ho-
linefs, your Eminence or Highmightinefs,
your Excellence or Honours. What are
Titles, where Things themfelves arc
known and underftood ? What Title did
the Republick of Rome take I The State
was known to be Sovereign, and the Ci-
tizens to be Free. What could add
(0 this Glory? * Therefore, Uniteh
States
• If it were neceflTary for the American States to
take a Stage-name in the Diplomatic Drama of
Politics ; la aflume for their Title of Addrefs
fome noun fubjlantive cxpreflive of tke Spirit and,
Virtue which is fuppofed peculiarly to refide in,
them J
{ M
States and Citizens op AmerIcA^
I addrefs You, as You are ; I do it under
every fcnfe and fentiment of Reverence to
Your Sovereign Station j and under a
confcious fenfc of the diftance of my own
private one. And yet, from the relation
which I have formerly borne to the States j
both when -f" I ferved them under their
command^
V. ',' .,
i ■ I
m
• ,1 '^
' til
them ; I Would addrefs rhyfelf to Their Free-
doms. This is the peculiar gift of Heaven ; this
is the Spirit of their Caufe and Eftabliftiment. Be
this their Holinefs, their Grace, their Excellence,
their Honour : be this their Polity, and they will
eftablifh the Majefty of the American Union, and
will rife into high and mighty States.
t The firft Public Commiflion that this Memo-
rialift held, the firft of his honours, an honour which
heefteems as. highly as any that he hath ever fince
enjoyed, was that of being Commiffioner fent from
the Province, now the State Maflachufett's-Bay,
to negotiate an Union of the Forces of Pennfylva-
nia, New-Jerfey, and New- York, with the Forces
of New-England, in an expedition againft Crown-
Point, in which negotiation he fucceeded, and which,
expedition gave the firft turn to the fate of the War
®^ *7SS" ^^ began his courfe by learning to ferve
them, and he afterwards fo commanded as to obtain
the approbation of thofe where he governed, and the
honourable teftimony they bore him. Afterwards,
in the private ftation to which he was configned in
his
'W
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(
hi
i
i ■
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( 8 )
r
cdttimand, and after when I commanded
—I addrefs You in the confcioufnefs of
fomething above J a Subjedt, in that of
a Citizen. I addrefs you not only as
Sovereign States, eftablifhed and ac*
knowledgcd ; I congratulate You as Free
States, as founded on and built up in the
Principles of Political Freedom. I con-
gratulate Human Nature that it hath
pleafcd God to eftablifh an Afylum to
which Men of all Nations who wifh for
his native land, he invariably endeavoured to ferve
the Caufe of Freedom and Peace ; he had the means
and took the occafion to become an efficient fpring^
though not permitted to be the Injlrument of Peace.
Born in that part of his Nation which inhabits
Great-Britain, but having been employed as a Poli-
tical agent o.:ly within that part which poflefles
America, he efteems himfelf, politically fpeaking, a
Citizen of America, though by birth a Suhje^ of
Great- Britain.
% I derive my diftin«£lion from the Romans: I
adopt the precedent from the Commiflioners Pleni-
potentiary of America. The Romans fay, Non in
regno Popiilum Rom. fed in l,ibertate ejfe : and the
Commiflioners, with the moftexail prccifion, mark,
in the provifional Treaty with Great-Britain, the
charaiteriftic of thofe who are in regno, and of thofe
who are in libertate, by this expreffion, the " Sub-
jeiis of the one, and the Citizitis of the other."
arid'
( 9 )
and dererve Freedom may fly, and undef
which they may find Refuge. In the
contemplation of this wilhj and in the
view of this general happinefs to man-
kind, as it may depend on your eftablifli-
ment, I prefume to addrefs this Memo*
rial to You.
Accept with gracious Interpretation
and condefcenfion my Apology. I feel
that it would be an impertinent affump-
tlon, nay, that it would be ridiculous,
were I to prefume to advife the States in
the courfc and pradice of Government.
The free Citizens of America, whofe prac-
tice from their youth is in the bufinefs of
their ToWi 1iip, of their County, of their
Country j whofe difcipline and whole
education, whofe charader, is in conftant
training to the knowledge and exercife of
Government and its powers ', will in their
teafoning prove more reafonable, in their
adtions more efficient, and in their politi-
cal conduct wifer and more an fait in the
affairs of their ?2ew world than the fiifl
Statcfmen of Europe, who have aded on
C the
I i\
: ' \%
m
i [■
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^ tf
( .0 )
the ftagc of the old cue. A free Citizen,
participant of the Sovereignty of his State,
who learns and is pradifed in rotation
of offces, both to ferve and to command,
feels by habit in his mind, as he doth in
his animal frame, almoft mechanically,
and without adverting to the reafon at the
tirpp, the meafure and the njovement
which every furroundin? circumftance
calls for. The charadler, thus acquired,
creates in the reafonlng Agent the ielf-
confcious feel of its natural energy : as
the habits of exercife in the body give V
the moving Agent the animal feel of felf-
poife. In taking, however, anew flation,
in flanding amidfl new and unexperienced
relations, the Agent feels the center of his
animal poife removed j he feels fome-
what that did not make part of his for-
mer felf-confcioufnefs : he is, for a time,
as it were, on a conftrained Balance of
Mind and Body. In this fituation he
finds and feels, that not old habits, but
new exertions of difcernment -, a fpirit of
inveftigation and indudion ; an analyling
4 S|>iriti
( I> )
Spirit applied to new matter, not a com-
pounding judgment on the old, mufl:
come forth and adt. Under circumftances
important, in fituations pregnant like
thefe, the American Politician and Statef-
man, whole training and practice ic in a
courfe of experiments, as in the new phi-
lofophy, will not refufe to hear any ad-
vice which is fuggeilcd, will not rejed;
the offers of any fervice, though he nei-
ther calls for the one nor wants the other.
Makmg his experiences in very line of
reafoning, in that of others as well as his
own, he will frame and found his own re-
solutions on his own reafons fo informed.
TheSciteandCircumftancesintowhich
your Affairs were brought in the year
1776: and your felf-confci<>afnefs prompt-
ing you to find that you were not infaSi
what political eftablifliments had made
you by law, a Branch of a family, fubjed:
to and dependent on another Branch of the
fame family as your Sovereigns; but :hat
you were what nature had wrought you
up to, equal brothers of the fame family:
C 2
feeling
\\-'^
I
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m
'¥
i
111
i 1
I'
I
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iiL
<(
tt
( 12 )
feeling yourfclves driven by neceftity to
a reparation ** from the political Bands
** which had hitherto conneded you. You
** found it necelTary to aflume, amongft
the Powers of the earth, that Separate
and Equal Station io which the laws of
" Nature and of Nature's God intitled
** you : and therefore Declared, that the
" United Colonies of Britons in America,
" were and of right ought to be. Free
'*' and Indlpendent States*"
This, like all other revolutions of Na-
tions, hath been contefled by arms. Sweet
Love changing its nature turns ti bttterff
hate; fevere therefore and deftructive has
been the war of Brethren. Ihe appeal
"was to Heaven : and the luccefs of your
Caufe hath exhibited an encouraging ex-
ample to mankind that the vigour of
natural principko will, where they can
adl and are exerted, although with an
inferior
force, prove in the end im-
pregnable and irrefiflible to mere force,
however fupported : That a Syftem
of meafures founded in the nature of
things,
( is )
tbu9gs;» and aduated by the dire^ rule oi
Common Se»fe, mrft always rife fuperior
to and oveviop all eftablifhments found'
ed in the devkes of Men, and built up
in all the Art atid Myftery of Politics ;
That a ConicioUs Spirit, which fuch cir»
cumfta-accs infpircj will bear up againit
aod itnally bear down all artificial cou^
rj^e of Military Power, howfoever trains-
ed and Arengtheiied : That a Caufe fo
foujided, fo animated, fo condu^ted^ will
pcedomip'aic and be eftablHfhed. It hath
been the decided, willi of God^ that this
y&M Cwife flioiild prevail, and that your
ladependenjKe and Sovereignty (hould be .
acii<^nowledged by the Sovereigns of the
earth, now your equals. . v v ^
As I recommended in my Memorial to
the Sovereigns of Europe j fo in this now-
^ddreffed to tb^ "•* Majesty if thjb •
People
^This exprefllon, which the Memorialift wHl have
frvquent occafion torepeaU isjuftified in the preeeJ
deotof the forms ufed inexpreffingthe Sovereignty
of th9 Eam^o People* as ufed ii^ fome of their
TfeMie«j
w
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I
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4i
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'' ' If
111 ilJM^
lit
'
, \
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( '4 )
p£o?LE of America, the whole argti-
ment recommends to their confiderationi
I. What the precife change of their
Syftem is. 2. What may be the general
confequenccs of fuch change. 3. With
what fpirit, and by what condudt the ad-'
vancing Jiate of things {hould be met.
The inveftigation of thefe points can be
purfucd only by that felf-collcdted frame
of mind within yourfelves, combined
with a plain and fober love of Truth,
which will confider well of what fpirit
you are', which will ftate Perfons and
Things as they really exiji ; and will, in
the right Spirit of Sovereigns of a State
founded in Political Freedom, treat them
as being what they are.
The moment that you became, de jure
by the Law of Nations, acknowledged in-
dependent and Sovereign, equal to other
Sovereigns
Treaties j Majfeftatem PopuH Rom. comiter c6n-
fcrvent : and as a common form in their a<fts of
Government j Fit Senatus Confultum, ut Imperi-
um Populi Rom. Majcftafqj confervaretur, CUer.frai
M
( "5 )
Sovereigns of the earth, and having no re-
ference but to yourfelves, was the moment
of your gieateft difficulty and danger,
I have, with an anxious zeal for the liber-
ties of mankind, confidered thefe difficul-
ties and this danger ', and it will be one
purpofe of this Memorial, to ftate them,
firft as they refpeft the exiftence, next as
they refped: the Conftitution of this So-
vereign/
This moment will (how whether the
States and Citizens of America are capable
of eftabliftiing and of permanently main-
taining this independent Sovereignty J are
capable of adluating in truth and fad
this fpirit of political Freedom, firll, as it
derives from yourfelves j ferondly, as it
may depend upon yourLeaucrsi and laft-
ly, as this fpirit and this eftabli(hrrent
may be affedled by thofe Foreign Powers
with whom as neighbours, with whom as
guarantees, with whom as friends by alli-
ances, this Exi.lence ftands connected.
It hath pleafed God to eftablifh your
Sovereignty
m
I'-K:
'> 'wM
!
(;. i
i [
( i6 )
Sovereignty by the force of arms; it hath
pleafed him to fix the rights of your
equal ilation with the Sovereigns of the
earth in the rights of Treaty, and that
your Empire fliould be acknowledged by
the Law of Nations : He hath, however,
fo wrought, according to the ufual difpen-
fations of his providence, that you muft
tvorkout your own falyation. If you ar'^
not in your PrincipkSy in your Spirit, in
the State of your Confederation ^ in the
Conjiitution of your General Government,
in the Powers of your Union, as yet ripe
for Political Freedom and formed for
Empire) * your Liberty is immature,
your Sovereignty is premature* The firft
danger is, if you miftake your Spirit, if you,
negledt to build on your real foundation,
as it is laid in Nature, or if you raife a fu-
perftrudure not confonant tp it. C^xamine,,
therefore,
* Ncque ambigitnr quin Brutua, qui tarttum
gloris, Superbo exado Rcge, meruit j peflirao
publico iJ fadurus fucilt, fi libertatis itnmaturae
tupidine prioruni Rcgum alicuiRegnumextorfiflet.
Hi i|
( '7 )
. 1
therefore, of what Spirit you are : Searcli
thorougiily and I'urvey the Ground that is
the foundation of your General Confti-
tution, and, attending foberly in reafon,
and not in the partial unequal movements
of paflion, diftinguifh the operations of
Polity which arife by the energy of natu-
ral principles, from thofe which are forced
on by art, and conftrained by violence
againft Nature. Follow thofe principles
in the order of your Superftrudurc : and
when the great Machine of Government
is formed, aduate it by the Spirit of Free-
dom as it lies in Truth. Feel, as one foul,
the concentered Vigour of Sovereign Impe'
rium : feel the felf-poize of your natural
Staiiorf, the Center and balancs of your
Force j the courfe and range of your orga-
nifed energy j the Spring of Adivity in
your political perfon : and you will find
it no difficult matter to (land firm on the
Bafis of yoUr Sovereignty : You will expe-
rience but little obftrudioh, at leaft fuch
i^ is of little cdnfequence to the exefcife
ii
I
1
i j!
I
I
I, ■>
I''' f
I \
1
( 18 )
5ihd adminiftration of ydur tmp^nuhi.
You wHl feci the meanwhile the ex-
panding powers of your Liberties and
freedom come forward, by a natural vita-
lity, into Fruit, the fruits of Peace, Plen-
ty, and the folid pefrmanent happinels of
Being.
Theffe are not wdrds of courfe, this is
ftot mere harangue : thofc who knew the
States and Citizens of America, as it was
my duty to do, and as I did, faw, not from
ah ex poji faSio view of the EfFe<5t as it
is now decided, but in the operation of
the Caufcs working to this certain effedt,
and pronbuhced, not ih vague and general
terms of harangue, but in defined fpecific
declarations of leading Fadts, that Ye were
ripe for Political Freedom j that the foun-
dation of a great Empire was laid 5 and
that it would arife into Eftablifhment.
And thus this your Memorial'Il, in his
Memorial dddfefled to the Sovereigns of
Europe, ftated you.
That you have united, at the rifque of
every
\:bkx
( '9 )
every thing which forms the happipefs
and exiftence of Man, to oppofe the
Meafures and Provincial Government of
your late Sovereign : that you have perfe-
vered in your refiftance to the emancipat-
ing of Yourfelves from all regal Power :
that you have taken the Government into
your own hands :^tha( you have conduded
it with fuch fpirit through fo many diiHt
culties and dangers in war» and in treaties,
is no unec^uiyocal demonflration to all
mankind, that the fpirit of freedom and
a right (tixk of Government dwells in
the Citizens of America. If* whea
thefe Citizens come to the forming of the
political eftablifhment of their* General,
Government, aii uniform Idea of Self-efti-
^lation (each aiming to be that, i\n4
no n;iore, than he really is,^and all treating
ii ' m
m
%' \.
• Non, inopia jErarii> non vis hoftium, noiv,
a^dverfa res ingentem eorum apimumfubegit, quin,
quod vittute ceperant, fimul cujm animo retmeient,
Atq; ea magis fortibus conciliis qua,m bonis prseliis.
patrata funt. SalluJIius fie fcribit de oj:tu et progrelTu,
|(.om. Imperii, . •
: i ^:-
i. i.
;s ill
I'
( 20 )
jpach other invariably as what he is in his
individuality) a(5tuate5 the People ; if a
temper that equalizes every participant of
the Community in the rank and order in
which he is a Member of the State,
adluates the body of the People ; if a
jealous guard over the rights, property,
lives, and fecurity of the People, inter-
woven with a confcious Reveicnce for
the Honour of Government ; if a heart-
felt duty, adive in the fupport of Go-
vernment, combined with a prompt and
a<5live fpirit ot refiftance to every thin^
which would obftrudt or abate its opera-
tions, forms the charadler of the Ameri-
cans : if this fpirit animating the body of
the people, actuates their leaders ; the
5tate, bottomed on the real and adual
foundation as it lies in the Community,
will be built up in its Conflitution con-
formable to it i* and the Power of the
Govern-
f The reafons why the American Fmp.ire \yiH
jiQt bp liable to the ilivillou of intercHs, and to
•'■- •■ • ■ - thq
( 2' )
Government and the Spirit of the People
will conlpire in the Adminiftration of it.
This power and Spirit fo combined per-
vades the whole in its reafoning part, and
gives fpring to the whole in every ^dt of
Government. It equally exifts in the
paflive virtue of Obedience, as in the
adtive duty of Command. Liberty will
feel the confcious fcnfe of confidence and
uniform obedience ; and Governqient^
jgoverning by the lead of the people, will
command irreliflibly. There can be no
contention for, nor acquifition of, unequal
Domination in Men i but the Contefl
will be (fo it was at Rome in her happier
days) who fliall heft promote the interefl
and honour of the State in ferving, or
beft exert it in governing. On the coi^-
trary, where there is a reludance in the
Individual, arifing partly from a want of
entire alTurance in himfclf and his poli-
tical lituation, and partly from a jealoqfy
the ruinous conefts which took pace in Rome,
will Ipe given by the Memorialift in that part
which confiders the Conftitution,
i- H-
V.
«f
i
i . 4
\\i
I iii.i1
iji ' !
t' ■ ! !, i
( « )
qf thofe in oilier iituatioQS, tq e(lablt(l^
fuch power as is nece0ary to render th^
State Ai< A^ENT i wherQ there is a rer
liflance to the command of all above^
^od adefire of Pomination over all below j^
vrl^erd there is an impatience oppofing it-;
^elf reciprocally to all command on one
tiand, and to all che^k and reilraint q{
power 01^ the other ^ where that temper:
Operates in the People, or a^Sluates their
iLteaders, and is miflaken for the Spirit of
Liberty : either the State is not founded
on the true bads of the People j or is not
built up in i'lj) conftitution according to
the Frame of the Community y or there
does not refide the true and genuine fpirit
of Liberty in the Community, operat-
ing to Political freedom in the State.
Let the Citizens of America therefore
enter ferioufly and in earneft with them-
! felves into the enquiry : Whether they
Bnd within their Community a Spirit of
^ttrai^ion operating, as an internal prin-
ciple, tqi Unions or vvhe^ber their Com-
Os )
thiinity iias beert compreffed into Ha pre-
fent Conftdcration only by an (external
caufe, and will remain fo compreffed fo
bug as, &ti^ only fo long as, that power
ihatl a(a upon them from without. Thbfe
Who, at the time of the commencement
of thefe events, knew the tharadler of
that People, and watched their condufl:^
knew that thfc vigour of natural Principles
di-eW them torefifl the unnatural Violence
of Provincial Government. This Vigout
of nattifail Principles gave Unity, WilHom^
iand pcrfevering firmnefs to theirCouncils;
arid the arddUr of the Spirit of Liberty
gaVe ftrength to their own arms, and
rendered them impregnable to thofe of
the Enemy. If, examining the temj^
^hd'fplrit v»if the people, arid theCondudtof
their Leaders, they find ^nat the fame
t?rincip!es continue now to operate from
an internal attra<Slion when all external
comprefllve caufcs are removed i if the
fame fpirit of liberty continues to ad:, in
fi^erfed reciprocity of thofe rights, which
each
'■'l
,-!! Ji
( '4- )
each mdividual, according to the frame
of the community, is entitled to j if the
coUedive Spirit of thefc Sources has a
diredl tendency to form into political free-
dom, to which all are ready to facrifice ;
the Citizens of America may be confi-
dent that their Liberty is Mature. They
may, and will eftablifh the Sovereignty of
their States, and the United General Go-
yern'^nent as Independent and in Freedom.
The train of events, extraordinary as
I
they have been, hath eftabli(hed their //«-
periunif and by the Law of Nations they
are acknowledged to be, dejure as well as
defacfo. Sow EREiGns. A fecond line of
confideration, therefore, parallel to the
former, leads to the enquiry. What the
genuine Spirit of Sovereignty is, and whe-
ther it exifts as a political Pi?iciple in the
Community, is combined with the Con-
ftitution as a Vital principle of the State,
and annates the adminiftration of the ge-
ral Government.
If the fpirit of Liberty, in a people
founded?
Hi i
( 25 )
founded as a (late in political freedom,
and built up in a Superftrudture confo-
nant to the adual frame of the com-
munity, infpires that people with a fenfe
of its own fecurityin that foundation, and
therefore animates it with that confidence
which fuch principles give : that People
will feel, that, as Tiiey at large are reprc-
fentcd by their eleded Delegates, fo is the
Majefty of the People reprefented by, and
refides in, the Sovereignty, which they
have eftablifhed. They will rcpofe them-
felves in this as their Palladium j and will,
as Participants and Conftituents of the
State, truft and give full Confidence to the
Supreme Officer or Officers, whether per-
manent or changing in rotation, who ad-
minifters and executes that Office, whofe
Honour, Dignity, Power, and * Ampli-
tude*
1 . ' I
W1 ^
Vt
m
I
• This word Amplitudo, as ufed by the Ro-
mans, is included under the general Idea Ma-
JESTAS, and means pretty nearly the fame, or fome-
thing fimihr to our Englifh word Prerogative. As
that word has been applied 19 a Monarchy, I have
£ adopted
f'ii
r
( 26 )
tude, is the Reprefentative of this Ma-
jefty.
The Word Sovereign is a Gothic Feu-
da^ 'erm ; it precifely meant the Supreme
Command paramount over all other fubor-
dinate Commands, where thofe com-
mands, however, were fovereign within
their own jurifdidion. It is Super-reg-
fjum inter regna fninora. I hope, wherc-
ever in this Memorial 1 ufe this Term, to
be underflood according to the flridt defi-
nition of the word Majcjias^ ufed by the
Rcrnan State, as the colledive idea under
which are included and refide the Jura^
Imperia^ Fafies, Dignitas^ PotcJJas et Am-
plitudo VopuU Americani, Under this
adopted in this Tra<5t the term which the Romans
ufed under a Popular Government, meaning a Ful-
nefi of Fozvery wiiich (hould not, in all cafes, be de-
fined ; and is tx'ft held without definition, lb as to
exert itfelf in all cafes pro Salute Pupuli; but whicii
is yet efftflually limited where that people, think-
ing it hath unneceilarily adopted, or in its exertions
exceeded that Lex Stiprewn^ interpofes to check it.
Majeftas elt Amplitudo \ Dignitas Civitati?-. Cic. de
Orot. 113. Majelhitem minuit qui Amplitudinem
Civitatis detrimtnto afficit. C'lc. ad Heren.
Idea,
\' I"
Idea,
( 27 )
Idea, and under this definition of Sove-
reignty, the Memorial proceeds to enquire
whether there doth adually exift in Ame-
rica that Majejly of the People under
which, and within which, the rights ?nd
liberties, the power and prerogative, ths
honour and dignity of the States and Ci-
tizens are colledively concentered : and
whether this is aSlually Jo ejlablified as
to be the efficient Go'uer.iment.
If a right Senfe of this Spirit of Sove-
reignty, thus eftablifhed in, and com-
bined with, political freedom, pervades
the feeling of the people ; is confcious that
the colleded information and rcafon of
the whole concenters in this Majeftyj
that the combined Force of the whole
fprings from this Center of Power and
adtivity j this fenfe will dwell in the opi-
nion of the people with all that efteem
for the wifdom of tlie Imperiwriy that ref-
pe(ft to its Authority, that veneration of
its Honour and Dignity, and that Confeju
fits obedicntiim under its power, which
E 1 alon?
W
1^ 1'^
II J!
t 23 )
alone forms the principle of the Sove-
reignty ^I had rj\ther fay) the Majelty of
the People as free Citizens. On this prin-
ciple they will eftabliih this Majefty with
iiich powers as are neceflary to give it ef-
ficiency i for not to feel that they may
vencure to give full fcope and efficient
powers to it, is to doubt of the founda-
tion of their own Freedom, is to with-
hold the real eflablifliment, while they
fet up an Idol with which to Mock them-
fclves. They will rather give it fuch
Amplitude of power as may enable it,
in all cafes, not defined and not definable,
to fecure and promote the Sa/us PopulL
Sovereigns as they are, and are declared
to be by the Sovereigns of the Earth their
Equals,if they do not form one general Ef-
ficient Impcrium as the Political Center of
the Union, as Reprefentative of the Ma-
jefly of the whole Sovereign Confedera-
tion i as the executive faring of felf-mo-
tion and Force in the State i the Liberty,
Lulependence, and Sovereignty of the
fcveral
--i: L,j
( *9 )
feveral States will prove exadly fuch as
T. QjJPlaminius, by order of the Roman
Senate, afFe<5ted to reftore and to give to
the States of Greece ; or fuch as the po-
licy of the fame Senate direded Paulus
^milius to form the four Free and Inde-
pendent Democracies of Macedonia upon
— fo independent as to have no alliance of
Polity, or intercommunion of.Trade with
each other. This Memorial will not enter
into the detail of this adduced example ;
for if the reading of the Hiftory is not
fufficient to awaken a jealous ienfe of this
Situation, Reafon will but more tire and
deaden that Senfe. All, therefore, that
will be here done is to recommend to the
ferious contemplation of the American
States, to compare in thofe examples the
meafures taken, and the events which
fucceeded, to their own fituation, in an
anxious looking to future events. This
is faid in excefs of caution : but One may
hope that it is totally unnecelTary. If
the Memorialift is not miftaken in his
ide^
-ni
!^li
m
( 30 )
iilea of the free People of America, He
fhould rather think they will cloath it
with fuch Honours and Dignity, that its
Authority rather than its power may be
feen, and be willingly fubmitted to : but
they will yet arm it with fuch Powers as
iliall maintain the Imperium, and bear
down all unconftitutional recoil againil
lt« " I ■ >• •■':•' •>• >'
If this genuine Spirit pervades the cha-
rader of the People, thofe amongft them,
whom the Senfe and Opinion of the People
delline to be Rulers, will be trained to
the charafler of Sovereigns, and, when
adlually cloathed with the Majefty of the
People, will feel a confcioufnefs, not of
the pride of fheii* own perfon, but of the
Honour and Dignity of the People.
Under this qonfcious fenfe they will, as
the Confuls of Rome did, a<S the Cha-
rader of Sovereigns in a higher tone of
dignity than Kings and Princes, whofe
confcious feel of Majefty is centered in
their own narrow Selves. They will adt
with
( p )
with lefs pride, but more Commanding
afcendency j with lefs violence, but with
greater cffedl ; with lefs Craft, but with
more Wifdom j with Truth, Honour,
and the real Spirit of Majefty.
If this Spirit of Sovereignty does not
refide in the People ; if, through defed:
of this, the State is not formed to ad: as
a Sovereign with all the Majefty of the
People } this New Sovereign may, like
a Meteor in its rapid trajedory, blaze in
the Heavens, and aftonifti the Earth for
a time, but will not be found in any
uniform revolving orbit, nor become
eftabliftied as a permanent Syftem.
Oftendent terris hunc tantum, Fata neq; ultra
Efle finent.
On the contrary, if they find within the
Community the Self-fpring of Govern-
ment ; if they are confcious that they
have formed their Imperium in this Spirit,
and not in the Spirit of Domination j if
they have eftabliftied their Government,
as in political Freedom, fo in Amplitude
of
.■^l
^^1
}
'
i I,;
( 32 )
of Majefty, the Spirit of Heaved will
anfwcr their call, and infpire their caufe.
** J have become^* it faith, ** a glorious
•' diadem to the remnant of the People :
*• I. Arife^ afcend thy high Jeat : 2.
•* Cloath tbyfelf with thy power : 3. Lift
up on high thy Standard to the Nations.'*
^ftablifli your Sovereign Government j
Cloath it with the Majefty of the People j
and claim, indil on, and maintain, in all
its amplitude, the honour and dignity of
this Sovereign Majefty with all the Sove-
reiqins of the Earth.
Having examined the nat«re of the
Spirit of Liberty y the nature of the Spirit
of Sovereignty, as forming, when com-
bined in the natural principles of a People,
the Ejfcnce of efficient Government found-
ed in freedom, — this Memorial proceeds
to the examination of thofe relative
matters v/hich may, both internally and
externally, affedl the Exiftence of that
Free and Independent Sovereign.
A newly - eflablidied State viewed
under
;;>'
( 33 )
under the circumftances of its Birth, and
with reference to thofc relations amongft
which it muft, in its firfl years, take its
courfe, will be feen to ftand in the fame
predicament at its firfl eftablifliment, as
Man, the Individual, doth at his birth.
Cicero, in treating of the beft poffible
Republic, takes his ground of reafoning
from this reference : " Homo non ut a
Matre, fed a Novercd Naturd editus eft
in vifam ; corpore nudo & fragili & in*
Jirmo ', animo autem anxio ad tnoleftias,
hiimili ad timores^ molli ad labores, prono
ad libidines, in quo tamen ineft tanquam
obrutus quidem divinus ignis ingenii ^
mentis.'*
It hath not, however, been fo with the
American States at this their coming forth.
They have been in their infancy nurtured
and protedled by Great-Britain as by a
mother, between whom and her children
there has been the pureft reciprocation of
maternal affedion and filial Piety, until
evil councils broke the tie. Under this
F relation
in
\t I'
, ( 34 )
relation thcfe States arofe to manhood :
all, therefore, which Cicero refers to ia
his allufion to the birth or firft eftablifli-
meat of a Republic, de corpore mido &
fragili i^ infirmoi de animo anxio ad .10-
lejl'tas, humili ad timores, molli ad labores j
all that he refers to as to the wants, de-
fedis, infirmities, and weaknefles, of In-
fancy, doth not apply, either in mind or
body, to thofe States adult in manhood,
before they took their flation of Indepen-
dence. * ** a hey are already hardened
*' into Republics" They are come forth
in full maturity of age. It is however at
an age prona ad libidines.
As man in his youth lives under a per-
petual conflid of his pafiions ; fo have all
States, fo will the States of America, at
their firft emancipation to liberty, feel, in
the efFervefcent temper of their youth, the
fame tumults in the bofom of the State ;
* This is an expreflion of the Earl of Clarendon
in the MS. draught of his plan for fending Com-
miffioners to America in 1664,
they
W''
b^S
irr''7irTj''*^
( 35 )
* they cannot therefore too carefully watch
over their hearts, that, while they think
that they are cultivating the facred Love
of Liberty, they may not become inflam-
ed with the libidinous pafllon of Licence,
They muft in their zeal for the intereft
of the ftale, in their exertions of their
conftitutional (hare of power in the go-
vernment, in their natural and not inufe-
ful diflferings of opinion upon men and
meafures, keep a conftant check over the
ardour of young imprelfions j other wife
that which (liould be the natural (I had
almoft faid the mechanical)motion of their
agency, will break out in the conflidts of
♦ What is here faid of the Libidlnes adokfcentis
Civltatls is not the refinement of Theory and in*
experience, but the repealed leflTon of the greateft
and moft experienced Statefmen : and in the very
manner in which I have here given the caution
againft thofe political Ubidines^ Cicero gives the
like caution in his fixth book de Repub. Graves
enim dominae cogitationum libidines, infinita
quaedam cogant atq; imperant, quae quia expleri
atq; fatiari nullo modo poflunt, ad omne facinus
impellunt eos qui illecebris fuis incenduntur.
F2
parties
m
fc.'fe
rf
m
"^?*f»"r'--" ' '^'■;.'^\-''<«''r:y""
w- '■ ; i.^--' ■
1 -i^ir-^-^Tfrr^ ^mm
}'?!!H
l:i
m
hi
!■ ■ 'I
; 1!
( 36 )
parties and fii(ftions, perpetually tending
to eftablidi the interefts and domination
of men. Et hire quafi materiei omnium
mtiloru?:: feniper fuere. The lead of Ame--
ricu will, by combinations of military fub-
ordination, tend in a direct line to the
deCpotifin of One i or, by civil intrigues,
and th corruption of the purle, converge
in oblique lines to the Tyranny of the
Few ; or, by the enert'^v of cnttrprizing
ambition, be v\rou2,ht into a difcordant
and repuiiWe ftar which will break all
order and dilTolve Ai iyllctn. Had this
been the cale in Rome, Dijjipatce (faith
\.\vy^' Rrs, nondiim adiutce^ dijlordid fo-
reJit, qiiasjoijii tf^ahquiila moderatio impe-
rii y coque fiutriendo perduxit, ut bonamfru-
gem libertatis^ maturis jam viribus^ jerre
p<j[fcnt. May the lame fenfe of Liberty
and Governmtnt in the People, the fame
tranquilla modcratio imperii in their Lead-
er% warm and animate the Spirit of Ame-
ric . I And may that Ipirit, ardent yet
iiiodcrated ; that Government, though
ad:ive.
^ZZ'ji^ .. ,..,-
( 37 )
aftive, yet not violent j brir g forth the
fruits of Empire founded in political
Freedom, for the protedion, peace, and
happinefs, of mankind, in one portion at
leall of this Earth.
This Memorial hath flated and ex-
plained the operation of the internal felf-
working Principle, as the firfl caufe of
union in Community, which hy one com-
mon energy of univerfal attraction creates
(as in nature by natural principles) one
common center, to which the feveral
energies of each and all tend and confpire.
If human nature, and a community of
human beings, could be found perfedl as
to reafon, truth, and wildom ; not to be
perverted by paiiions j not to be feduced
and corrupted by vicious affedionsj this
attractive principle would alone be effici-
ent to the End of union in Government.
This is not the cafe ; God hath therefore
been pleafed to fuperadd another caufe,
arifing from the very defeds and depra-
vations of man, which operates from
with-
II
i • '■ *i
L.sii,
mmmmmmnm^^m
m
z'' "ifr^
I ''
( 38 )
without. This comprefles men againft
their repulfive fears and jealoufies of each
other, againft the repel lant temper which
frauds^ dilltntions, violence, and attempts
at domination, raife amongft them, by a
flill ftronger conjpulfive power into clofer
conta(ft, and mutual allianc? for common
defence. It is happy for a State, efpeci-
ally for a newly-ellabhfhed State, when
this external caufe continues to adt ; and
ads to one and the fame end in aid of the
internal principle.
It is, on the other hand, an unfortu-
nate and dangerous crifis to young and
rifing States, if the external compreffive
caufe, which hath been found ufeful to
a State, by rendering internal peace and
union neceffary, and hath been in that
line of efficiency applied as part of the
political Syftem, ceafes to ddt. While
the Perfians meditated or made invafions
upon Greece, the fcveral ftates adhered
zealoufly and mofl carefully to their con-
fcderacyj but in lefs than fifty years
after
A
( 39 )
after XerxcE was defeated and driven from
Greece, the re pell ant fpirit began to (how
itfelf in the ftrife of unequal intereft, and
in attempts of fome to create a Domina-
tion over the reft; and ifTued in the
Pcloponneliian war, to the total devafta-
tion of the Country, and almoft to the
deftrudion of the States. In like man-
ner, while neighbour nations of Italy,
hoftile to Rome, adted upon the State of
that City as this compreflive caufe from
without, the wifdom of its Statefmen
applied the cfFedl to the reftraining and
bounding the repcllant principle of Dif-
cord within, Thefe were at length remo-
ved either by conqueft or alliances ; yet
Carthage, the rival of Rome, and upon
the Sea the afcendent power, reftrained
the Conduct of the Citizens of Rome to
the neceflity of keeping the fame guard
upon the fpirit of DiiTention. Sed quum
Carthago, amula Imperii "Romani, ab ftirpe
interiit, Cundfa maria Terrccq-, patebant j
Fortuna favire & tiHfcere omnia cospit.
\\H
il
mm
M
." (I
( 40 )
^«/ Jabores, pericuhy dubias atq\ afperai
res facile ioler aver ant ^ lis otium divitice,
tiptandce aliis, oneri miferiaq-y juere, Igittir
primo pecunice^ dein imperii cupido crevif^
&c. In like manner, now tliat the Im-^
perium of Great Britain refides no longer
within the Empire of the United States ;
now that the Britifh Nation is removed
from within the Dominion of tfiofe States;
now that the States dwell almoft alone
on their great Continent, and are abfo^
lutely the Afcendent Power there ; if the
XxMt fpir it of liberty y as above described,
and the genuine fpirit of Government^
does not adt by the internal attia<ftive prin-
ciple of Union flrons^ly and permanently
in proportion as the external compreffing
caufe of confederation is removed, the
Americans will experience the fame Fate
and Fortune, and be driven, by the
fame mif^-ries, to the fame ruinous diftrefs
which the States of Greece and the
city of Rome had wretched experience of.
It is, however, peculiarly happy for
y:'4
( 41 )
the American States, whatever be the force
and temper of this internal principle with
them J that an external compreiTive caufe
is not wholly taken ofF. When they
confider the difficulties which they will
have to render the line of Frontiers be^
tween their Empire and the BritiHi Pro^
vinces in America a line of .v'^ace; when
they experience in fadt and pradice the
difficulties o: preferving it as fuch ;
when they fpeculate upon the almoft
numberlefs, and, at prefent, namtlefs,
fources of difputc and contention, which
may break out between them and Spain j
when, in the cool hours of unimpaflioned
refledtion, they begin to be apprized of
the danger of their very * Alliances j they
will fee that this compreffive caufe does
not ceafe to adt. Every friend to their
peace, liberty, and happinefs, muft hope
that they v/ill fo fee it, that their Statef-^
III
* Guaranties have a right to interpofe, and
aiay aiTume a right of becoming Arbltrers.
Q
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.( 42 )
jmcn may attend to improve tiie effe£ls of
Its operation, and to profit of this bitter
but faving providence. If they improve
the feelings which the States will from
time to time experience ot danger to the
intered of the General Imperium from
external force, fo as to work the impref-
fion, which fears of ihav external pov/er
creates, to a permanent habit of union and
confederation, as a principle of their
Empire, never to be remitted, diminiflied,
or departed from for a moment, * thefe
States will derive internal Union and
Stability to th'rir Government from diofe
very dangers, or the fears of thofe dan-
gers, which threaten It. If, on the other
* This was the invariable Poliry of the Patri-
cians and Senate in the early days of Rome. Si-
milem annum prii.ri ConOiIes habent. Seditiofa
Initia hello deinde externo tranquilia. t'a res
^atur^nrj jam ' ditiontm ac prope erunipentern
repreffit. Liv, ). ii. § 63 & 64. Bono fuiiTe Ro-
manis adventun; e. rum conllahat ; oricntcmq;
ja^ feditionem inter P »res U Plebem metu tan^
propln^ui belli comprefiam. Lib. yii, Sj2.
G
han(?3
( 43 )
hand, it fliould unfortunately b^cortiv, the
fyftem of their Politics, that, divided into
parties, each afcendant party of the time
fliould, by reference to, and the interpo-
fition of, thofe external powers, aim to
ftrengthen their own intereft, the ftate
may retain its fovereign Station ; but
their own Rulers will fcarcely be the So-
vereigns : the Reafon of State will be no
longer its own reafon ; and its Liberty
will, even while it feems to adt in all its
forms, be bound down by the predeftina-
tion of External Powers. The feveral
States, or feveral Parties in the States, in-
ftead of coalcfcing by one uniform gene-
ral attradion to the common center, will
become like the blood of life in a fever,
clotted into partial difeafed coagulations
of facftion, having the moft violent repul-
fion amongfi: each other. This Memo-
rial will not enter into this topic further
than to recommend to the Citizens of
America, not only to read, but to com-
pare, with what may be their own even-
G t, tuat
I
j|l
^
i
! fir-'
1
'Si
w/m V" •* V* w^' 'I*', V v"»u». mv^t^^ ■
m
I HmFn
i)ijfl<i
( 44 )
tual cafe, the eflfedt of this fort of refer-
ence, as it (hewed itfelf amongft the States
of Italy during the time that Rome and
Carthage were Rival Powers in that
country. * Umis velut morbus in'vaferaf
omnes Italice Civitates^ ut Plebs ab Opti-
matibtis dijfentirent : Senatus Romanis
faveat ; Plebs ad Panos rem traherent.
"f- The fame malady feized the States of
Gree'-.*. Fadlious within themfelves^ the
Minor Party had reference to foreign in-
tereft, and fought to ftrengthen each their
own Fadion by the aid of the enemies of
their Government. They applied firft to
the Perfian Grand Monarch j in the next
period, to Athens and Lacedaemon al-
ternately, as the Ariftocratic or Demo-
cratic Fadion prevailed. This alfo well
deferves the confideration of the United
States of America, as to the point of re-
ference which future parties amongft them
may make to foreign aid, to French or
Britifli Power.
* Livy.
t Thucydides.
This
u
1 i«Mi|nf»j
( 45 )
'this Memorial might here enlarge on
this topic of foreign politics, as they may
train between Great Britain and the Uni-
ted States : it would be a needlefs pre-
fumption, fo far as refpedts the American
Statefman j and would not, I am furc, as
nothing of the kind ever yet has been,
be of any ufe to Briti(h Statefmen. It
might enlarge on this fubjedt as it refpeds
the States with reference to their inter-
courfe with Spain j their Alliance with
France j their Treaties with the United
Belgic States and * other powers : but,
perhaps, the Statefmen of America, under
the impreffions and prediledions of their
newly-formed friendlhips, m-'" hink the
eventual State of things, w 'w> ; would
defcribe, to be vilionary and tn I'air^ and
may hold the confiderations thereupon,
which it would recommend, as the mere
|.*
! 'M
* The Memorial will mention in another place
Indian Politics, as they reCpeit this new -Empire of
America.
This
theoretic
i -4
( Uni^ipWU^
$
< i
( 46 )
theoretic eflays of an unemployed and in-
experienced man. This Memorial, there-
fore, will only repeat what the Memorial
addreffed to the Sovereigns of Europe
dated as a maxim (rather a fundamental
Principle) of American Politics : ** That
*' as Nature hath feparated her from Eu-
" rope, and hath eflabli{hed her alone
" (as a Sovereign) on a great Continent,
" far removed from the Old world and all
" its embroiled interefts, * that it is con-
** trary to the nature of her exiftence, and
•« confequently to her intereft, that Ihe
•• fhould have any connexions of Politics
«* with Europe other than merely com-
*' mercial 3 that flic ihould be a Free
** Port to all Europe at large, and in
*• reciprocity claim a Free Market in
" Europe j and that fhe fliould have no
*' commercial treaties with any European
** Power partial to fuch power and ex-
** cluHve to others i bise that fhe fliould
* Common Senfe,
It
give
( 47 )
'* give and enjoy a free Navigation and
^* an open trade with all.'*
Fundamental Principles fimilar to thefe,
although they may not have been able
to prevent her from forming fome con-
nexion?, fome alliances, may yet, if a
fyftem of Politics is founded on them as
decided maxims of State, and invariably
and uniformly purfued, preferve her from
the entanglements in which (he might be
otherwife involved, and guard her againft
the dangers which the confequences of
thofe connexions may lead to. Although
a bold and daring, or a lucky ftroke, may
fucceed for the hour or the fcafon, or in
the tranfient fmall affairs of Individuals; yet
nothing hut Syjiem, as it arifes from the
nature of the State, ivill be efficient to any-
permanent purpofe \ to an Empire no-
thing but "yftem, even in the line of de-
fence, will guard a State againft, and repel
the attacks of Fortune. The mod daring
Fortitude, the mod adtive courage, un-
lefs it hath fuch foundation, would be-
conac
i
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llfj
if
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1
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( 48 )
come folly and madnefs, and only ruin £^
State with more ec/at. There is fome-
thing in Fortune which mixes itfelf in all
Human affairs, and which perplexes and
obftruds, if it does not aftually com-
mand. Events. Fortune, although gene-
rally confidered as an operation of chance,
is not, and cannot be, any thing elfe but
the ordinary courfe of natural and human
events. It is a Combination arifing from
remote or hidden caufes, from circum-
ftances unobferved, from influences not
underftood, from innumerable and imper-
ceptible minutiay which yet, combined,
are caufes equal to every effed that is
produced. Thefe remote, hidden, and
imperceptible caufes are not, and indeed
fcarce ever can be, confidered by men :
the efFeds, therelore, are in Event before
the caufes are feen, if they are evtr feen
afterward. Fortune, therefore, (as men
ufually exprefs themfelves,) mixes itfelf
in all human affair?, and generally
commands. The acuteft forefight, the
^rme(^
-:, I:
( 49 )
firmed fpirlt, if a<5ling and exerted only oh
the occafiorii can neither guard again (I nor
refift its Force.
Quid Quifq; vitet, nunquam Homini fatis
Cautuiu eft in boras.
No temporary reafoning, no temporising
State- craft, applied only to occajions, can
cither be aware of or prevent her flrokesj
fior will the moft inexhauftible fund of
fefource, or the mod habile application
of remedy, relieve men under the mala-
dies which (he brings upon their affairs.
Syftem alone, as it founds itfelf on the
nature of things, and the nature of man,
eftabliflied in fadt and truth, and uni-
formly purfued with fpirit, can be ade*
quate to the adminiftration of the a&irs
of a State. A Syftem of this fpirit and
temper in the Rulers will, if there is a
fpirit in the People correfpondent to it,
command Fortune. In this fpirit of {y^^
teni, and not in a fuppofed predeftined
Fate, did the Fortune of the Roman Re-
public confiil.
Hinc cmirie Principlum, hue refer Exitum.
H A line
r I
; s?
'
<>wi»""iil|ilii II WiL".lI'J...l-l"M'I.JP,f'
w
I i!
!"■■:
( 50 )
A line of conducSt drawn amidft the na-
ture of things, and according to the nature
of man as conneded with them, is, in
Politics, what the moral habit of harmo-
nized temper, actuated by uniform Rca-
fon, is in man. A Syflem, even the
wifeft, may, as all human affairs are lia-
ble to the effeds of external things, be
flruck by the attacks of Fortune, may
not be invulnerable to her llrokes ; but
if it be fuch as this Memorial ftates that
it (hould be, "E^foi/ sk dteit and not /«
horas^ they will ftrike it fearlefs ; they
will flrike a breaft thoroughly prepared
to bear up againft, and finally to repel its
effed. Such a Syftem, in the great and
arduous affairs of men, flows through the
ever- varying feries of Events, like a laige
and copious river through the varying
regions of the earth. Its Greatnefs is not
afftded by fmall accidents or incidental
chances. The floods of the mountains
may pour down in torrents that fhall dif-
turb and foul its waters for a feafon, but
it holds its courfe, and as it flows, purg-
ing
:i
( 51 )
ing off all noxious mixture, clears again
to the original purity of its clenient : the
icorching drought of heaven may draw off
much of its waters, but the abundance
of its original and internal fource is fupc-
rior to fuch external diminution j and it
flill holds on its courfe, in one uniform
tenor, equal to all the purpofes for which
it flows : — it may be precipitated into
rapidity in one part of its ftrcam, it may
be checked in another; it may be drawn
winding through this vale, or forced to
make a circuit round that mountain ;
but its general Courfe flows uniform to
itfelf, conform to the nature of the coun--
try it pafl^es through, and maintains that
general dire Uon which its Iflue bears to
its Source. The conclufion upon the
whole is, tha'., if ihe X^ew Sovereign Re->
public cyf Ar.ierica 1 \th the right confci-
ous fenfe of natural liberty and political
Freedom j if it is animated with, and ac-
tuated by, tioe genuine Spirit of efficient'
Sovereignty ; if it hath ha^. the wifdomk
^0 harmo?ii^c itfilf within according tq
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( 5* )
jLhis Spirit, and to form a grounded and
permanent Syjiem towards All without 5
fecured againft itfclf, armed againfl the
Strokes of fortune, and guarded againft
the malignity of Man ; it is eftabli(hed as
Nature hcrfelf, and will Command : one
pay not only wifli, but as of Nature
Jierfelf one may pronounce
ESTO PERPETUA.
The Memorial having ftated what
feemed neceflary to the confideration of
the ElTence, Exiftence, Efficiency, and
aflured Permanency of a Republic newly
emerging to Independence and eftabliOied
jn Sovereignty ; it now proceeds to con-
iider matters of Conftitution. The Me-
niprialift feels that it would be imperti-
nence towards an American Citizen, and
knows that it would be ufelefs and ineffoc-
tual to an European Statefman, to enter
into the difcuflion of the particular Con-
Aitution of each individual State. The
fJitizens perfedly know their own Bufi-
jiefs i and all the force of reafon and ex-
perience cpmbined will never make the
the
f
J^
( S3 )
the perverted head of an European, efpe-
pialiy a Britifh Statefman, comprehend the
Spirit of them. 1 hcfe conftitutions are
what have wrought the States to Free-
dom, Independence* and Sovereignty.
They are the bed that can be at prefent j
and fhould there be any thing which in
future times and circumftances might re-
quire a change, there is in thefe States, as
in the animal oeconomy, (i healing prin-r
(iple which will work * itfelf right.
This Meinorial will therefore proceed
to conlider, in general* as they He in Na-
ture, the grounds pn which the General
Confederation and Sovereignty (land ; and
the principles by which its Strufture and
Conftitution muft take its Form, be that
Form whatfoever it may hereafter be.
The principles by which t}ie Syflem of
America is animated and actuated, arifo
from the adtual and unconf^rained nature
'II
':H
IP
I
* The operation of this is aftually provided for
in feveral of the Conftitutions of the States, by the;
cftablifliinem of a Cenfus, and other means.
9(
( 54 )
of Things, and from the unperverted, un-
opprefled nature of Man. They are not
fuch Principles as the Political Syftem of
this or that State permits to be called Li-
berty. The Liberty of the People of A-
mcrica is not merely that {hare of Power,
which an Ariftocracy permits the People
to amufe themfelves with, and which
they are taught to call Liberty. It is not
that Domination with which the People
govern in a Democracy, and therefore
call Liberty. It is not that fhare of Do-
mination which a political Monarch
throws into the hands of the People, in
order to ally their power to his Force, by
which to govern the Ariftocracy. The
genuine Liberty on which America is
founded is toially and intirely a New Syf-
tern of Things and Men, which treats all
as whatxhey actually are, efteeming nothing
the true End and perfedl Good of Policy,
but that EfFecft which produces, as equali-
ty of Rights, fo equal Liberty, uniyerfal
feac2, and ur^obftruded intercoqimunir
fs in Human Society.
9n of happi
Every
.,,,,,
{ 5S )
Every inhabitant of America is, defaBo
as well as de jure, equal, in his eflential
infeparable rights of the individual, to any
other Individual ; is, in thefe rights, in-
dependent of any power that any other
can aflume over him, over his labour or
his property: This is a Principle in adt
and deed, and not a mere fpeculative
Theorem. He is his own mafter both in
his reafoning and adingj fo far as refpeds
the individual, he is at perfed liberty to
apply his power as he likes, to labour in
any line, and to pofTefs and ufe his pro-
perty as his own. His property Is free
from any tenure or condition that may
clog, obftrud, or divert the fruits of that
labour which he hath mixt with it.
There are not in America any Baro-
nial or Manerial Dominations of the lefTer
but more cruel tyrants. There are not
in this Land of Liberty any Feudal, any
Perfonal fervices, which may be claimed
by a Landlord from the Landholder,
whether Prince, Baron, Clergy, or Body
Corporate : There are no Fee-farm Rents
or
'"if
II
i
( 56 )
or Tythes to be paid ; diere are no defli-
nations, either of the Refidence or Labour
of the Landvvorker or Mechanic, which in
the Old World are affiimed as refinements
of Polity : neither as a Labcurcr, nor as
a Land worker, does the American ever
find himfelf crofTed upon by any of thofe
felf-obflru<flive Policies,, which have beer*
the bane to Induftry, and blafted the
fruits of labour in Europe. He meets
nothing which reprefles hina back, or ex-
cludes him from rifing to that natural-
importance in the Community, which-
his ingenuity in his manual labour, or his
improvements in his landed Property,^
muft of courfe, unobftrudted, give him.
The powe^ which derives from cultivated
property in America arifes in proportion
to the political adtivity which is mixt
with it by the pofTeflbr ; and in the hands
of thofe who do thus aduate it, it afTumes
its weight, and relative place, towards
the common Center, fo as to render this
active Proprietor every day a more im-
portant Citizen,
There
( 57 )
There is another Right of the Indivi-
dual, which the perplext and mixt po-
licy of Europe has broken in upon, and
which yet no civil Polity can have cog-
nizance of; and fcems to have, as no
right, fo no pretence to interfere in :
that is, where government aflumes a re-
gulating direftjon over the natural affec-
tions of the Sexes. In America, Love
and Liberty go hand in hand ; and each
individual forms thofe connexions which
nature and the heart point out. Mar-
riage there is a Civil Contrad:, which is con-
traded, remains obligatory, oris diflbluble,
juft as any other Civil Contrad is This
Memorialift knows of * no ci il ad: of
State in America which hath ordained any
thing to the contrary. The Americans do
not as is done in the MotherCounfry,Firft
ftate in their Theology, that Marriage is
* The Memorial does not enter here into any
of thofe iJeas which thofe marriages that ufe the
forms of the Church of England or of Rome
may take up.
I no
',i;',''J
I
i
<l!il
'H
■9
[ 58 1
no Sacrament, and then continue it In
their law and their tolice, as an A5i of
God, which no Executive human Pow-
er can difannul. Marriage in America
is formed diredly to anfwer the two great
ends for which the two Sexes come to-
gether. Private perfonal happinefs, and
the propagation of the Species ; both
which ends are really anfwered in the
fulleft and to the moft perfcd efFeft.-
Every Wife there is herfelf a fortune ;
and the Children are riches to the pa-
rents.
The Right of private confcience In
matters of Religion is one of thofe rights
whi"h are elTential to the individual, and
which he cannot alienate or even abate.
This is a matter of which Government
can have no cognizance, in which it can
have no right to interfere: and yet, in the
Old World, this 'internal impreffion of
the mind of the Individual, as though it
were an overt of the Citizen, hath been
treated as an ObjeiS in which Go-
vernment
( 59 )
vcrnment is fuppofed to be moft deeply
interefled. On the contrary, the Syftem
of the New World conliders Religion as
an internal adt of the Mind towards
God, by which Man endeavours to raife
up to himfelf the moft perfe(5t notion he
can of the Supreme Being, and of his at-
tributes, in order to form his Condudt in
moral conformity thereto j alfo as an act
of the mind, by which the internal Man
addreffes himfelf in prayer and praife to
God, in that way which he thinks mod
fuitablc to the Divine Being, and the
moft efficacious to the obtaining of what
he prefumes to afk in prayer. This
Right therefore exifts in America, invi-
olate, and in perfect liberty.
Another aud elTential part of the inde-
pendent political freedom which the A-
merican Syftem enjoys is— that it is, as a
State, in no wife under the Superintend-
ency of any Ecclefiaftical Imperium in
any ftiape whatfoever j that it knows no
fuch Solecifm as that of the fame indivi-
I 2 dual
•M. ■'
V?. ;.fi
^'•■m
i«l I '. -HIJ
I
I
I 'lii?
( 60 )
dual Citizens being the component parts
of two diftind communities formed un-
der two diJlinSi imperia. — There is no
mixture of any fuch materials at its
foundation 5 there is no fueh Frame in
any part of its Strudlure.
The Inhabitants of the Old World,
both thofe who lived under the falfe Re-
ligion, as thofe alfo who dwelt under the
manifeftation of the True, had univerfal-
ly their Civil Polity directed in its con-
fcience by the fuperintendence and guid-
ance of a Body of Men fuppofed to be
endued with more than human wif-
dom, and who feemed to have the power
of reward and punifhment beyond the
extent of human power. With the An-
cients, before the time of the Manifefta-
tion of the True Religion, Religion was
neither more nor lefs than a State-En-
gine, framed and worked, under the di-
rcdtion of the Chief Magiftrate, by the
hands and management of the leading
Statefmen, to the purpofes of the State.
It
( 6' )
It was a Creature of the State. The
Chriftian Religion, a Religion of Spirit
and Truth, whofe Kingdom was not of
this world, whofe end and objedl was in
another and future State (for which this
life is a preparatory training), was totally
abftradted from all Politics, from all Ad-
miniftration and Government of the
things of this world ; and had no other
concern therein, but to render unto Caefar
thofe things which are Cajfar's, and to
be obedient to the higher Powers : yet
fo it hath happened (I fuppofe the divine
Teachers of this religion found it necet-
fary), that, when they eftablifhed their
Syftem, as an outward vifible form, they
formed an intermediate temporal Com-
munity and Imperiuniy both ecclefiafti-
cal and civil, in and over the things and
Perfons of this world : and, feeling
themfelves as an independent diftindt
Body politic, aflumed either an ajcendant
fuperintendence over the Civil Com-
miinity^ or put themfelves in the predi-
cament
I
C 62 )
cament of having formed, on original
compad, an alliance between the Church
and the State. The State of Europe (it
may be faid, of the whole Roman Em-
pire) at the firft origin of Civil Govern-
ments under the Conquerors of that
Empire, was fuch as naturally gave birth
and fcope to this Syftem. The com-
manding paramount powers of the
Great, and the feveral imperia of the
Icfler Commanders, who had over-
ran and held in Subje<ilion all Europe,
were merely Military. The idea of Go-
vernment, other than that of military di-
fcipline within their Camps, Canton-
ments, and the Ports of their refpe<ftive
armies, entered not into their Syftem.
Thefe People had no idea of civil go-
vernment as neceflary to be co-extenfive
with the predominant military Imperium,
They conlidered all civil polity as mere
matter of oeconomy in a family, clan, or
horde ; as mere fubordinate arrangement
of the community of any people or nation;
which the body could beft fettle for itfelf,
and
( 63 )
and be beft anfwerable for. Of what
form this was, or how adminiftered, was
matter of indifference to thefc Comman-
ders. This civil line and field, therefore,
was opened to all Inditutors of Politics,
who could acquire afcendency fufficient to
cflabli^ themfelves under the aufpices of
the military.
At this period the Human Species in
Europe, howfoever trained and diiciplined
to, howfoever exercifcd and expert in war,
could, as to political civilization, fcarce be
faid to have emerged out of their Savage
State. The MifTionaries of Rome were
fent out amongft thefe, to teach them the
arts of fecial life, to civilife them, and to
convert them to the Chriftian Religion.
Thefe Miflionaries (I mean fome of the
firft) had defervedly great merit with
them, and acquired thereby an almoft
abfolute afcendency over them : they be-
came their Farmers, Mechanics, Artifts,
their lawyers, their judges, their Law-
givers, their guides, and the dire<5tors of
their opinions and confciences. Whatever
Polities,
i
I
( 64 )
Politics, therefore, grew up amidft thefe
thus firft civilized Europeans, were inter-
woven at tlie root,and grew up interbranch-
ing with ecclefiaftical Goveininent, fo as
not to be feparable from it. The lands
and property of the ecclefiaftical fociety
(however obtained) came forward into
improvement and fixed property, co-eval
(if not in a leading line) with the proper-
ty of the Civil Body, and, as it were, al-
lied and intermixed with it. In the Eu-
ropean States, theretore, the Ecclefiaftical
Rights, Property, Polity, and Imperium^
became, from the earlieft periods of Civi-
lization, an efi'ential, infeparable part of
the Conftitution. Whatever may be the
abftrad truth in civil Polity, taken ^
priori in its original principles ; whatever
may be the opinion of men in thefe days ;
the fa(5t and invariable precedent is, that
in Europe the ecclefiaftical Imperium
or * Church is an indefcafible part of
the
* *' The Clergy of England have a Zeal for the
*' Church of England \ but they have a greater Zeal
»»for
(
; ■:!;
'
( 65 )
the State. And every loyal fubjed of
thefe States will be, at leaft ought to be,
a zealous maintainer of this United or al-
lied eftablifhment of Church and State.
It is not fo with the Americans, and
the fyftem of America. They were not
thus civilized by ccclefiaftical Miffionaries.
No Church power was their fofter Pa-
rent. The Original Conftituents of thefe
States were in a perfed ftate of Civili-
zation, in perfedl independence and free-
dom, at the eftablifhment of their Civil
Polity. An ecclefiaftical Body, as a fepa-
rate Community from the Civil Commu-
nity, and yet formed of the fame indivi-
duals, would have appeared to them as a
Chimera. The Syftem in which Ame-
rican Polity i^ built up ftands independent,
and is free from thofe heterogeneous mix-
m
1 U
*' for the Church of Chrift : there are Few of them,
** I hope, who fcruple profefTuig a Wifli, that the
" pure banner of the Gofpel may, if need lliall lb
*' require, be difplayed triumphant on the ruins of
« every Church Eftablilhrnent >a Chriftendom."
— A Letter from the Lord Bifliop of Landaft, to
his Grace the Archb'ftiop of Canterbury, p. 3.
K tures.
( 66 )
tures, which always more or lefs * ob-
flrudted each other, and which drew into
crook ednefs and obliquities the free and
natural Energy of Both. The Americans
have no one Form of ecclefiaftical fyftem,
or Church eftablijlied as the Religion of
the State j they have no landed clergy ; no
Church Revenue derived by a transfer
of the flavifh Tax of Tythes from the
State to the Church : their lands were ne-
ver Agri Decumanni, They do not apply
Religion, as was the cafe in the falfe reli-
gion, as an engine of State ; but confider-
ing it as what it is, they make the pro-
per diftindion which its divine Author
made : they give unto God the things
which are God's; and unto Caefar [/. e, the
Civil State] the things which are Casfar's.
In this they have no part to take, but to
II
* The purity of Religion equally fuftered by this
worldly alliance of the Daughter of God with the
Chilli and Creature of Man j as Civil Government
hath done by the Conftraints with which this high-
fpirited Dame on earth hath bound the energy of its
Freedom,
follow
( 67 )
follow God and Nature in the dired right
line of Truth.
The Syftem of the American Commu-
nity lies in Nature : from natural caufes
there is now, has been, and moft likely will
continue to be, a general equality, not only
in the Perfons, but in the power of the
landed Property of the Inhabitants. This
Bads of the fuperftrudure is uniform and
level J the Res Populi, the adluated Rights
and Inter eft i of the People, is every where
equally attended to,and is in all points com-
ing forward (if I may fo exprefs myfelf)
in parallel lines into operation. This equal
level of adting powers and aduated pro-
perty, lying thus in Nature, becomes, by
the vigour of natural principles, the Bafis
of a Free Republic. This is the grand
Defideratum of all the ancient Legillators
and Inftitutors of Republics. They faw
the neccffity that there was of an exadt
conformity between the Conftitntion of
the State, and the Species of Indivi duals,
the fonn of the commimity, and nature
K 2 lif
m
( 68 )
of the hafii on which fuch State muft be
founded. No fuch Balis was there found
in nature J they therefore tried athoufand
different projedts to form fuch in Art.
They forced Nature. Not finding the
natural fituation of men to be what it was
neceffary to the Syftem of their Polity it
fliould be, they endeavoured to make it
what it never could be, but under force
and violence done to nature. They de-
ftroyed or perverted all Perfonal Liberty,
in order to force into elbblilhment Pol'-
tical Freedom. While Men were taught
by pride, and by a profpecCl of Domina-
tion over others, to call The State Free,
they found themfelves cut off from, and
from the ufe of, many of the effential in-
alienable rights of the Individual, which
form his happinefs as well as freedom. So
far from finding themfelves free, they felt
themfelves mere machines. All this was
done and fuffered, to obtain (which yet
they never could obtain) that natural
equal level Bafis on which Ye, Ameri-
ca i^
iHPiHilP
m
:h
»Q
IS
;t
tl
( 69 )
can Citizens, (land ; on which Ye, Uni-
ted States of America, are built up, in a
manner that combines the perfect pofTef-
iion of the rights of the Individual, Per-*
fonal liberty, and Political Freedom.
Here, United States and Ci^
TizENS OF America! look back on
the peculiar bleilings, on the fpecial fa-
vours, on the fingular happinefs, in which
Providence hath been pleafed to eftablifh
your Syftem ; to which he hath feemed to
feledt you, as a chofen people, in a New
World, feparate and removed far from
the regions and wretched Politics of the
Old one. Confider this well, not only in
the confcious feel of the happinefs which
you yourfelves enjoy, and which it is
your Puty to deliver unabated over to
your Children j but in the fincere fenfe of
gratitude which Heaven demands of you.
Manifefl this in the conduct and Admi-
niftration of your Sovereign Powers,
while you eftablifti, as conftitutional
ma3(ims in pradice, thofe Truths which
form
I IIJIJJIlll«IIJIillJIIPIPI,
i"
t:*;
( 7» )
form the principles of your Syftem.—
Serendi Sunt Mores, — I do not here
mean a new cultivation: for the Man-
ners and Spirit of the Americans have
been, uniformly, what j\ifl fuch a ftate,
fuch a Syftem of Things would infpire j
and their political Charadler, juft that ha-
bit of Conduct which is conform to it :
a character, which looks to rights of per-
fe6t freedom as the firft objedl and end of
man as a Citizen ; that eftimates all men
as equals j and is no refpeder of perfons,
but according to their place in thofe or-
ders and fubordinations which the State
gives, and which therefore refpeds the of-
fice, not the man : a charadler that knows
how to eftimate the Majefty of the Peo-
ple, and the Imperium of the State ; and
honours and obeys it for real confcience
fake ; a character by which each indivi-
dual confiders himfelf as a * Participant
with his fellow Citizens, and a Commu-
* Ad partlcipandum a'ium abalio, communican-
duniq; inter omnes. Cicero de Leg. Lib. i. § ii.
nlcant
( 7' )
nicant in the Whole ; and therefore feels,
as a felf-confcious feel, an unaifedled,
inartificial, natural Love for his Country,
combined with a prompt and ardent zeal
for its Service. It is this fpirit and this
Charadler, which hath wrought You up
to the independent Free Sovereigns which
you now are. When, therefore, this
Memorial prefumes to advance this pro-
pofition, Serendifunt MoreSy it means that
the fame Culture of Political CJoaraSfer
be regularly continued ; that the fame
Senfe of Your Syftem, the Same Spirit of
Liberty, the fame manners may remain
unabated, unaltered, undepraved, to form
and animate the fame Charader ; for on
Cuftoms and manners, more than on
Laws and Imperium, depends the fate,
the fortune, and the exiftence of a State.
And may this, many ages yet to come,
not only be faid of You, but be true,
which Ennius faid of Rome :
• Morlbus antiquis Res flat Romana, Virifq;
hM
* It is impoflible that the import of the truth
and wifdom of this propofition can be too ftrongly
imprefled
( 72 )
That, thus founded in Nature, and thus
built up in Truth, Your States Hiould
arife to Independence and Sovereignty in
the vf -V fpirit of Political Freedom 5 that,
under ^ fyftem fo entirely new upon
M
I. <>!;
bit*'
W
ii
imprefTed on the mind of a free Citizen of America;
and left the quotation of it above fhould not maice
a fufficient imprefHon, I cannot but here infert — Ci-
cero's Commentary on it.— Quern quidem Hie [Kn-
nius] verfum, vel brevitate vel veritate, tanquam ex
oraculo mihi quodam effe effatus videtur. Nam
neqjViri, nifi ita morata Civitas fuiffet, neqj Mores,
nifi hi Viri prxfuiiTent, aut fundare, aut tarn diii
tenere potuiflent tantam,6c tamlonge lateq imperan-
tem Rempub. Itaq; ante noflram memoriam, Sc mos
ipfe patrius praeftantes Viros adhibebat, & veterem
morem ac majorum indituta retinebant excellentes
Viri. Noftra vero aetas cum rempublicam ficut pic-
turam accipiflet egregiam, fed jam evanefcentem ve-
ttiftate, non modo earn coloribus iifdrm, quibus fue-
rat, renovare neglexit, fed ne id quidem curavit, ut
formam faltemejus, & extrema tanquam lineamenta
fervaret. Quid enim manec ex antiquis moribus,
quibus iile dixit Rem flare Romanam ? Quos ita ob-
livione obfoletos videmus, ut non modo non colan-
tur, fed etiam ignorantur. Num de Viris quid di-
cam ? Mores enim ipfi interierunt Virorum penuria.
Cujus tanti Mali non modo reddenda Ratio nobis,
fed etiam tanquam Reis capitis quodammodo di-
cenda caufaeft. Noftris enim Vitiis, non cafu ali-
quo, Rempublicam verbis retinemus, reapfa vero
jampridem amifimus. Ciceronis de Repub. Lib. v.
Fragm,
Earth,
( 73 )
Earth, your improvement iliould conti-
nually fo expand ; that your population
fhould fo increafe and multiply ; that a
Civilizing activity, beyond what Europe
could ever know, fliould animate and ac-
tuate your progreflion j that your com-
mercial and Naval power (hould be found
adive in almoft every quarter of the Globe;
that your Military power (hould be equal
to the defence, and your political wifdom
adequate to the eftabliihment of your So-
vereignty, is and was but a natural Confe-
quence in the ordinary train of Caufes and
EfFeds. It was due and juft to you thus
to flate You to the Sovereigns of Europe ;
and there was no advice fo good could be
given to them, as the Stating of thisfim-
ple Fa5i, fo little under flood in the Old
World. The Memorial addreffcd to thcfe
Spvereigns ftated it without refer ve or dif-
guife. This truth was at firft treated as
unintelligible fpeculation. It was unfa-
fhionable ; it was negleded where it was
not rejeded, but in general it was rejeded
ac inadmifliblc : by degrees it entered into
L the
I
m
( 74 )
the reafoning of many an individual ; and
when it was in various tranflations expand-
ed in Europe, it was found infenfibly to
have mixed itfelf with the fentiments of
many a Statefman, and at length reached
the ear and penetrated the heart of fome
Sovereigns — laftly, thofe of the Minifters
and Sovereign of Great-Britain. This
truth, which had been for fome years con-
iidered as a Propofition not to be liftened
to, not to be fuffered to be mentioned -, for
the enouncing of which (although *in the
line of his duty) the Author was called, by
the Wife Men of the Britifli Cabinet, a
Wild Man, unfit to be employed j yet
this Truth became, in about a year and
a half, demonftration not to be refifted,
and an univerfal idea of Europe. Magna
eji vis veritatiSf & prava/uif. Great- Bri-
tain reaped the fruits of the wifdom of its
minifters
blilhed
in
and Truth and Right were efta-
peace.
* In his Speeches in Parliament, on December i,
1777, and March 17, 1783, wherein he recom-
mended the making a Foederal Treaty with America.
This
11
( IS )
This Memorial will now proceed to
ftate the Syftem of America fo far as re-
lates to the formation and conftitation of
the General Government of the Confede-
rated Sovereignty of America. * " Neque
" prorfus difHdere dcbeo, quin poffim de
" hac re fortafle, non imperite nee in-
** utiliter diflerere ; utpote qui longa -f
experientia cdodus, &per tot munerum
<(
* Bacon de augmentis Scientiarum. Lib. iii. Cap. 9«
f Efpecially in this point of Policy, the grounds
and reafons, the ways and means, of Union and
Confederation between States, fuch as the Free
ones of America.
This Memorialift was at the Congrefs at Albany
in 1754) and cognizant both of the meafures and
the reafons of the meafures adopted there.
He, as a Commifllioner from the Province, now
the State Maflachuflett's bay, in 1755, negotiated
with New- York, New-Jerfey, and Pennfylvania, the
Confederated expedition, in union with New Eng-
land, againft Crown Point j and Succeeded.
And, laftly, when he was Governor of Mafla-
chufett's-bay, he formed, in 1758, a Plan of an
Union of the Provinces, Colonies, and Plantations,
of New-England, for their mutual Protection and
Defence againft the Common Enemy, which was
actually concerted and fettled by Commiflioners
from Maflachuflett's-bay, and the Commiflioners
of the Colony of Connediicut, convened at Bofton ;
h% ti
( 76 )
•« & hnndnim gradus ad amplKllmum
** [Coloniarum] Magiftratum cvedlus fu-
•* crim, cundct>^ y, magiftratum per annos
** quofdam geflcrim."
The Memorial hath explained in what
manner and by what principles the Syftem
of America ftands on the natural bafis of
a Republic. The defcribing how it is
built up in its Frame in conformity to this
foundation, is coming to the point oiCon-
fiitiition.
The People at large in the multitude
are in a natural incapacity of excrcifing
their Rcafoning powers j and very incon-
veniently (ituatcd and circumftanced to
give by every Individual their Judgment
and Refult. There is no regular way of
colleding the wifdom and fcnfe of the
People as a Community, but by fome
delegated reprefentation, to fuch numbers
^s may be in a capacity of Reafpning and
to which the Province Ncw-Hampfhire, the Co-
lony Rhode-llland, and Providence' Plantation,
vvcre invited to accede. — - — The change of Men
and Mcafure in the Military Command in Ameri-
ca which took place that year, rendered this mca-
Cure unnecefiary, and it was laid afide.
Debate \
num
Is fu-
nno8
( 11 )
Debate ; * and no means (fomc cafes ex-
cepted) of coUedting the fenfc of the
whole, but by delegation of power to a
part to give the diiTent or confent for the
whole. If the People, as in America, are
in the full and perfedt ufe and enjoyment
of their equal Liberty, they will, as in the
ordinary procefs of their operations, form
their own adtual Reprefentation j they
will naturally find out where the wifdom
of the Community lies, and will delegate
their power of reafon and debate to that
part. They will fmd out almoft me-
chanically to whom and in what man-
ner they may delegate the pgwer of giving
their Diflent or Confent, and of convert-
ing the Wifdom of the State into the Law
of the Land.
This is the ASlual State of America.
The univerfal fenfe of the People is col-
leded, and operates in Debate and Refult
on the univerfal intereft of the People.
v'3
* A Popular Aflembly, rightly ordered, brings
up every one in his turn to give the Refult of
the whole People. Harringtons Syftem of Politics*
^Jiap. V. 24..
This
"fvm
( 78 )
This is the exiftence by nature, and in
fad of a republic, Refpuhlica eft Res Po-
puli. Populus autcm non omnis Coetus
niuhitudinis, led CcEtus juris conknfu,
& utilitatis communione fociatus.
Exadly as the feveral feparate States
are formed on this Syftem and by thefe
principles, fo is the general Confederation
by the eftablilhment and Conftitution of
its Government. The Reafon of the
whole is delegated to, and the Wifdc n of
the whole is concentered in^ the Congrefs.
And this Inftitntion aril'es from thofe p»in-
cipies, and by thofe operations, which ac-
tuate a Free Republic : The Liberty of
the Pv ople, maniff:lted by the fenfe of the
whole, coincides, co-operates, and exifts
in it. Neither the opinions of afTuming
Leaders, nor the intrigues of caballing
Faftions, will be found there, or at leafl
will not furvive a moment. The Senfe
of the whole is what rnufl predominate,
aduate, and govern throughout, in all opi-
nions, in all meafuies of effed: and per-
manency. In Great Eiitain, where the
Members
Si ■'■^., '
( 79 )
Members of Parliament do not come to-
gether as reprefenting the Senfe and rea-
Joning of the "People at large ; they muft
have fome time to form their own opinion.
A certain leading Judgment does this for
them ; and as often as this leading judg-
ment changes its opinion, thefe Mem-
bers, or a majority of them, will be found
to have changed their opinion in all ex-
treams of contraries. This inftability hath,
and will ever attend them, although
members of a permanent Body ; while
the Congrefs, an annual inftitution, con-
fiding of many new Members at every
re-eledtion, hath in its opinions, its refo-
lutions and meafures, manifefted a degree
of united firmnefs, a continued uniformity
in opinion, and unalterable perfeverance
in a Syftem of wife and effedive mea-
fures. The true and real reafon of this
is, that this Syftem was the decided, de-
termined opinion of the Body of the
People, whom thofe Members of Con-
grefs really reprefented. Experience has
confirmed what Wifdom faw before, that
there
i> ' 1
i m
if i
' j: -
I
( 80 )
there could not be a meafure more furely
grounded than this Inftitution by which
the Confederation adts in Congrefs. If it
be viewed arifing from the adtual State of
things and Men, and by the natural ener-
gy thereof, it will be feen that there could
not be a meafure more judicioufly, more
politically conflituted, to actuate the rea-
fon, to collecft: the Wifdom of the Union,
and to bring it forward into adion.
There cannot be a flronger proof of the
Temper, Prudence, and affured confi-
dence, which the People have in the
foundation of their I iberties, than the en-
trufting in delegation the great and ex-
tenfive Powers with which they have in-
vefted Co.igrefs ; nor can there be in any
Rulers a greater Merit with the People,
than the Spirited yet cautious, the Libe-
ral yet guarded Ufe that thefe Members
of Congrefs have made of them.
The ordinary mode of adminiftration
into which General Councils diftribute
themfelves, is, by the Members divid-
ing thernfelves in feveral Chambers or
Boards,
I!) i
{ 8. )
Boards, according to the feveral branches
of bufinefs to be done, and ere<5ling thei's
into feparate Offices. The Deputies of the
States of the Belgic ^Jnited Provinces form-
ed thcmfelves into three Councils j the
Council called the States-Gen'^ral, the
Council of State, and the Chamber of
Accounts. The Command of the Army
and Navy, which might have divided them
into two more departments, were vefted
in the Counts or Stadtholder of each
Province, as Captain General and Ad-
miral. Thefe Offices always have either
too little or too much power, and are,
in the one extreme, inefficient to the pur-
pofe of adminiftrative power; or,, in the
other, form dangerous precedents againft
the equal balance of power in the Condi-
tution of a Republic; or create diftrad^*^*?,
oppofition, and interfering obflrucftionj, m
the Commiffions and other delegated
powers which adl under each department.
The Adminiftration of the bufinefs ot the
Government of Great- Britain by fuch
Boards, gives daily proof of this. The
Prudence, Experience, and Wifdom of
M Congrel's^
;• ■■•« '
I't
■M
( 82 )
Congrefs, have avoided the forming of any
fuch Offices, Boards, or Chambers : They
from time to time appoint Ibch Com-
mitces, with fuch powers, as the emer-
gent c.ife may require j or fuch Aanding
Committees as a permanent courfe of Af-
fairs in any one Hne may render neceflary;
which Committees, while they continue,
may apply to Congrefs from time to time
for fuch further powers as may become
neccfliry. This application will give Con-
grefs a proper opportunity of revifing the
bufinefs, and of confidering, whether they
will grant further powers, or whether the
bufincfs doth not become of fuch import-
ance as that they fliould take it into their
own cognizance t»nd management. This
is a much wifer mode of cafting the bu-
finefs of an Adminiftration of a Repub-
lic. It is, indeed, a line of condud that
is peculiar to, and diftinguiflies the wif-
dom of, Congrefs.
The Memorialifl takes now the liberty
which, as a Citizen of the World, he feels.
lie hath in him, that Oi giving his opinion
eye>^
of any
They
Com-
emer-
anding
of Af-
ceflary;
ntinue,
to time
bee on) e
ve Coii-
fing the
ler they
:her tiie
import-
to their
■ This
the bu-
Elepub-
id: that
he wif-
liberty
le feels.
►pinion
( 83 )
even where be prefumes to doubt upon
any ineafure of Congrefs. By the fifth
f'edtion of the eighth Article of the Con-
federation, " the States affembled in Con-
** grefs fhall have authority to appoint a
*' Committee of the States iojit in the re^
** cefs of Congrefs."' Experience is derived
from comparing one meafure and its con-
iequences with another, that being fimilar
may have fimilar confequences. '* The
*' States General" (faith Sir William Tem-
ple, in his Treatife on the Conflitution of
the Belgic Union) ** ufed to be convoked
** by tlie Council of State ; but the Pro-
" vinces and their Delegates, growing
" jealous of that power, perhaps from a
** mirufcr of it, formed an Ordinary Council
** calkd the States General, which is only
<« a reprefentation of the States General,
*' though always called by that name. The
'* Real Whole Body of the States General
•* ne'-oer fits\ this fo called fits continually."
Compare this Cafe to that of the Com*
mittee of States fitting in the Recefs of
Congrefs. Does it not feem, from this ex-
ample, if rightly underftood £.nd rightly
M 2 applied,
h I\
1/
> •-
Wm
■W:(i
( 84 )
applied, that foiiie caution is necelTary, left
the Committee of the States fitting in the
recefs of Congrels, the reprefentative of a
reprefentation, (liould /"« ordinary fuper-
fede Congrcfs ? And does not the occa-
fion of appointing fuch a Committee arife
from a defeft, namely, that of providing for
the Adminiftrative part of Government ?
The obfervation, which the Memorial
is led next to make, requires much apo-
logy ; and is made with all deference to
the wifdom ofCongrefs j and the Mcmo-
rialift confides in the candour of the Sove-
reigns of America, that they will not be
offended, if he affumes in this point no
more liberty than he did in his addrefs to
the Sovereigns of Europe. The Memo-
rialift, perfuaded of the truth of his opi-
nion on the matter, as he conceives it to
lie, and yet differing fo diredtly from a de-
cided opinion and meafure of Congrefs,
fears that he does not rightly or perfedtly
underftand the cafe. Colledling, however,
his ideas from the A6t of Confederation,
he cannot but think, that fufficient and
adequate provifion is not made for the
Repre*
i
the
( 85 )
Reprefenting of the Majesty op the
People, the Sovereignty of the
United States ; nor for the efficient
Adminiftration of the interefl and powers
of the Confederation as a General Govern-
ment. From fome lingering doubt of
themfclves, from fome excefs of diflrud
in men, from fome defed in that aiTured
confidence, which a People, founded in
political freedom, and built up to Sove-
reignty, ought to have in their Syftem,
they feem (at lead fo it appears to the
Memorialift) to have been afraid to efta-
blifh a Supreme Magiftracy, to give efFe^
to, and to carry into execution, in a con-
tinued courfe of Adminiftration, the re-
folves, orders, and meafures of Congrefs,
And yet their whole fyftem, the forms of
bufinefs, the procedure of the operations
of the refpedive States, and the circum-
ftances in which the American people at
large found themfelves at the time of the
late Revolution, led as naturally to fome
fuch eftablKhment ; as the Syftem and
Circumftances of the Roman People,
when
\Wm
M
( 86 )
when they drove out their King, and abo-
lilhed perfonal Domination, led to the
cftablifliing of the Adminiftrative, Execu-
tive Magirtracy in annual Confuls.
Previous to the reafoning in which the
Memorial now proceeds to recommend
the mixture of Monarchical Jorms of of-
fice in the Adminiftrative branch of Ma-
giftracy, it may be proper to avow and de-
clare the MemoriaHft's opinion of Govern-
ment by a Monarch, claiming any perfo-
nal right of Imperium over the State and
People as his Dominion in property; it
is a proper caution ; that he may not be
miftaken, or even fufpeded, when his
ideas and words go only to that mo-
narchical Magiftrate, who merely as an of-
ficial temporary refponfible Officer admi-
nifters, in rotation, the Rei Populiy the
Commonwealth j as though he had a drift,
by a fiippofitious meafure,to lay the ground
for the Reftoration of Monarchy. The
Words of Mr. Harrington will beft ex-
prefs it : '* I could never be perfuaded^
** but that it was more happy for a people
«* to be difpofed of by a number of per-
fcn
( 87 )
<* Tons jointly intercfted and concerned
** with them, than to be numbered as the
** Herd and inheritance of One, to whofc
** liifl and madnefs they were abfolutely
" fubjedt : and that any Man, even of the
'* weakeft reafon and generoliiy, would
'* not rather chufe for his habitation that
•' Spot of Earth, where there was accefs
** to Honour by Virtue, and where no
** Worth could be excluded, rather thaii
** that where all advancement fhould pro-
** ceed from the Will of one fcarcely hear-
" ing and feeing with his own organs,
" and gained for the moft part by means
" lewd and indiredl; and all this in the
** end to amount to nothing elfe than a
** more fplendid and dangerous flavery."
Although this be the opinion of the Me-
morialift, the Memorial will not prefume
to proceed in its opinions, but under the
reafoning of that genuine Patriot, and de-
cided Republican, Brutus, as contained
in the advice which he gave to the Ro-
man People at the Crifis of their revolu-
l\on frotn Monarchy to a Commonwealth.
*« The
^' J'
Ml
It 1^1
t Xii
JJi
( 88 )
»« The firft effential bufinefs" * (faith
this Great Man) *' is to fet ourfclvcs
*' quite clear and rid of the Monarch, fo
** as to leave no doubts, no hopes, fo as
** to rifque no danger of our falling back
*' to that Syflem of Tyranny in perfonal
" domination. This flep fecured j we
** Ihall at our eafe and leifure be Free to
*' make fuch alterations and corredtion in
" the Office, as may be found fafeft and
** beft for the future admin iftration of
" our Republic ; by a Magiftracy of a
** different inftitution, executing the ne-
*' ceffary powers of this Branch of Go-
** vernment, altered, correded, limited,
*' controuled, and refponfible at the Ex-
*' piration of their temporary Imperiiwi.
" The evils which were derived upon
" us from the Monarch, as holding and
•' exercifing his power as of perfonal
*' rights muft be immediately and radi-
** cally taken aWay and removed ; and
** the office muft be guarded againff all
• Dionyf. Haljcarn, Lib. iv.
poiTibility
( 89 )
** poflibllity of relapfe into Tyranny for
*' the future. The Office itfclf (hould be
** abridged in its duration, and linmitcd
** in its powers, in all reference to per-
" fonal prerogative j ifi eVery circum-
" ftance and thing which may give the
** mod diftant occafion to conti?nied or
'* Perfonal Government. The OfBcer
" or Officers, who (hall be thought the
" proper ones to adminifter this Office,
** fliould not retain, even in idea or name,
•* the leafl: trace of Government refiding
** in their perfons, but in the Office :
*' and that they are only the Adminijlra-^
** tors of a Government direSied by the
«'* Senate^ and that they aSl by the advice
" thereof and under the authority cf the
*' fame. The Magiflrate or Magiftrates
" flioUld be elecfled, and that onh for a
^* yeaVy in fuccefHve rotation of Perfons-
" He then declares his decided Opinion,
** that it fhould not be entrufled to, nor
** be permitted to be executed by One
** Perfon, but by Two, havii.g equal
** concurrent Powers and Jurifdidion.
N "The
I
;1
1
'; fit!
\
■hi
I !• iiS
( 9° )
*• The Government, thus bipartite, will
** be a check upon itfclf ; and each Offi*
•* cer muft adt cautioufly with reference
" to his Colleague. There will, by this
** divifion of the Magiftracy, be created
•* an emulation for the obtaining the good
•* opinion of the People, if not in both,
** in one at lead, in proportion as the
*• other by his condu^ is lofing it,
** La(\ly, and above all, the delegated
•* Power which is committed to the
** Officer or Officers who are to adminif-
** ter and execute this Office, fhould be
" limited in time. As there is nothing fo
" ftrongly prompts, teaches, and tempts a
'* Man to annex power to himfelf perfo-
•* nally, and to enterpi ife the extent of it j
** nothing which renders the Attempt fo
" fafe, and perhaps at length fo necef-
" fary, as diftant and incertain refponfi-
" bility, as the being unlimited in the
•* duration of the time for which he
" holds his power : So, on the other
" hand, nothing fo truly and efiedually
" forms the republican chara^er of the
« Officer
{ 91 )
** Officer chofen to govern, as that he
" Should in his perfon, and in turn of ro-
** ration, obey as well as cominand j that
•* his delegated powers fhould expire as
•' foon, and at as fliort a period, as is con-
" fiftcnt with efficient Governmenti and
** that, at the end of his adminiftration,
** he fliould as of courfe be refponfible,
" and anfwer to the People for it. Thefe
** matters thus conftituted and eftablifti-
" cd, you will not only be guarded againft
*' all perfonal Domination, againft the
" evils arifing or deriving from a Mo-
** narch; but you may, on the other hand,
•* freely ufe, exercife> and enjoy, all thofe
«* advantages arifing (i'om the prompt,
** efficient, and continued adminiftration
** of the Executive Branch through Mo-
** narchical forms, combined with the
" Ariftocratic and the Controul of the
" Popular Branches in the fame Com-^
** monwealth. Confidering thefe mot-
** ters, and that the forms of your pro-^
** ceedings in bufinefs have been of this.
^* fort, I j(hould doubt whether your pru-.
^ ^ '^ dcEce
m
'* is'
i. m
M
€t
U
( 9? )
dicnce would at prefent make any fufr-
tiier alteration in your Conftitution *."
To this the Memorial adjoins the coin-
ciding opinion of one of the truefl: Patriots
2nd firrt: Republican Statefmen of thp
World of bufinefs. -f- Cicero fays, Ref-
public a eji Res Popu/i—Sfafuo cjfe opttm^
conjlitutam Rempuhlicam qu<z ex tribus
generlbtis illis^ Regaliy Optimo, & Popu/ari,
confufa cjl mcdice. Alfo the opinion of ^
decided EngliOi Republican, Mr. Harr
rington-—^^ A Commonwe.ilth confifts of
" a Senate propcflng, a people refolvjng,
** and the magijlracy executing ; whereby
'* partaking of the Ariftocracy in the Scr
f nate, of the Democracy in the Pcopl**
• * The Memorial here gives, in a free tranfla'ion,
the Slim and purport, rather than the cjofe tenor,
cf this Spi'ech ; rather than copying the manner, it
gives the fpirit of this wi^e counfel of Brutus, oii
which the Roman Rcjiublic, at ics firlt great revolu.-
tion war crtablilhecl. The Editor vlid think of put-
ting the Speech itielf in the original, in the margin;
tut, on fecond thoi'ghts, decided that it was mer^
trifling to fill two or three pa-ges with Greek to no
{»urpofc, ■ Tiie learned leader, if ht; tegls himfelf in*-
|frertccl, will refer to it.
I Ff3grp.ent. ylcc-cnis d<;: Repub,. L\ \f.
• ''''■'' ^ *»an4
( 93 )
'5 and of Monarchy in the Magiftracy, it
" is complete. Now, there being no other
*5 Commonwealth but this ''n Art or Na-
** ture, it is no wonder that the Ancients
** held this only to be good."
After thefs authorities, the Memori-
alift pr^fumes to offer, with all humility
and deference, his own reafoning, ap-
plied to the prefect State of the Ameri-
can Confederation. It feems to this Me-
moriaUft, that, to infure to itfelf effici-
ency and permanency ; to affure all other
Powers, which can have any negotiation
or alliances with it, of its having full
powers and authorities, not only to treat
and to conclude, but io carry into adual
effed: whatever it binds itfe'f to in
Treaty; ^he general Confederation, the
general Government, wants fomething to
infure in all cafes the Conjenfm Obedien-
tium of all the States, to thofe meafures,the
carrying of which into execution depends
on the diftin'^ Sovereignty of each State,
The Congrefs met at Albany, felt the
(ame ditnculty, and found that in prac-
tice
v^^
ill
III
{ n )
iicc this fame dcfed might ocdur. What
they as Commiflioners of fubordinate de-
pendent Provinces adopted, might fuit
them as fubjeft to a Superior paramount
Government, but can by no means be
feven talked of in the cafe of independent
Sovereigns. In confequence, hovirever,
of the Independence and Sovereignty of
fcach State, fome thing hath appeared as
wanting. What that fomething (hculd
bej the Memorialift does not prefuiw-,
feVen in his own mind, to form an idea
of, much lefs to write or fpeak of. If,
bh any occafion, the Delegates of any par-
ticular State, being in a Minority on any
Queftion,the State who fent thofe Delegates
fhould think, that Congrefs had exceeded
the Powers with which it is invefled, or
liad miilaken and not aded conform
to them> and fiiould therefore withhold
the confenfus obedieiitiiim j Political logic
^•ill never be wanting to give fcope to
fuch evil. If there are no fuch Symp-*
4bms thirough which Congrefs meets v/ith
iJiffieuUieSi if what this Memorialift hath.
t^eea.
( 95 )
been ted to fear, and through excefs of
anxiety hath prefunied to mention as ai^
Objedtoffear, is unfounded, he begs par-
don, and confides alone in the Spirit of
liberality, which aniii^ates Congrefs, for
forgivenefs. If any fuch Symptoms have,
however latent, been felt ; the caution,
although it may be, as Demofthenes faid
to the Citizens of Athens, neither pru-
dent nor pertinent in me to mention, is^
neverthelefs, always necefary for Tou^
United States and Citizens, t9
take to your bofoms.
The Articles of Confederation mark,
that there are many Matters refpeding
the general Interefl of the States, and
their Bufinefs, which muft be referred tp
Congrefs : the Deliberation, the deciding
opinions and Refolutions upon thofe mat-
ierSj and the originating of Meafures to
be taken thereupon, muft certainly be
trufted to Congrefs, and cannot any where
elfe be fo truly and fafely trufted. Con-
grefs, however, feems to be formed on
the Idea of a Senate to debate, or of a
Council
; ■■-■ 1*.
■^*>\
^§1
m
11
'Tit
IP
4
*f«
( 96 )
fcouncil to advife ; and there Teems to be
(at leaft it fo feems to this Memorialift)
a necejjity of a difiinSl Branch of Magi-
Jiracy for Adminifiration : an office exe-
cuted by fome officer or officers that
fhall be refponfible to the States at large.
If the fame Body whofe Refult forms
t^e Reafon ofState^ and hath full power
and authority to decide and refolve what
is right to be done in the General Govern-
ment, is to adminifter this reafon of
State, and to execute the meafure decided
on ; there can be no refponfibility : and
fhould even, in future depravations of
men, fuch cafes arrive, that a Majority of
fome future Congrefs (hould be devoted
to the fentiments of fome foreign Court,
The United States may be injured
within the year of that Congrefs, without
remedy: whereas, were two Confuls
(Protestors, Stadtholders, Prefidents, 01^
officers by any other Title) annually elect-
ed, who (hould adminifter and execute
(under the Authority and by the advice of
Congrefs) the General Bufinefs of the
United
f^ffS^mr^-'^* ^ -A ***".
:f sh-
( 97 )
United States, and limited in theii*
power thus only to adt, fo as that any Ad",
not thus authorifed and advifed, fliould
be null and void refpcding the States, and
Criminal refpe6ting the Ading Magi-
(Irates ; the Confederation could not be
betrayed. And if, in order to rtianifeft
the Authority and Legality of thefe Exe*
cuting Adminiftering Oflkers, it (hould be
a neceflary accompaniment, that every
Adt Ihould be counterfigned by the Secre-
tary of Congrefs ; no Perfons or States
whom it might concern could be deceiv-
ed. Thefe Magiftrates, to prevent any
collufion between them and a corrupt
majority of Congrefs, ought to be held
refponfible to the States at large, for exe-
cuting any meafures, even though advifed
by Congrefs, if fuch meafures were
fundamentally contrary to the Confti-
tution, or diredtly injurious Rci Populi^
or did in any mode betray the intereft of
the States to foreign powers : and at the
fame time thefe Magiftrates, that in fair
juftice they might be able to adl clear of
O blartie
p «■ ■
«: ''
m
m
•«> ■ k?' y**'- r
( 98 )
blame under this Rcfponfibility, ought to
have a power, if they faw Caufe, jointly
or feparately, of fufpending their Ading^
until they could refer the matter of Doubt
to the Several States refpedtively. ** As
*' the hand of the Magiftrate would ^ e,
*' by this Inftitution, the Adminiftrator of
" the Reafon of State and the Execu-
•* tor of the Law ; fo the head of that
*' Magiftrate ought to be anfwerable to
" the People that his condudt is dirc6ted
" by that reafon of State, and his execu-*
** tion cop^'^rm to that Law *." Such a
Magiflrat will be in a natural incapacity
of doing wrong himfelf, and will be from
prudence and Self-fafety an efficient check
over any very dangerous errors or mif-
chievous Intrigues of Congrefs. The
Memorialift does not here prefume to
Speak of the Extent or Limitation of the
Powers which ftiould be vefted in fuch
Magiftrates ; he will only fay, as an un-
controvertible truth, that they fhould be
fuch as are efficient to Adminiftration and
Execution.
* Mr. Harrington.
Pbt
of
( 99 )
Execution. If they are not, the Inftitu-
tion is a Mockery : and if the United
States and Citizens of America
hefitate to delegate fiich to an annual
eledive fucceffion of Magiftrates in rota-
tion, they have not within themfelves a
real grounded all'urance in the founda-r
tion of their own Syftem ; they are not
perfedly confirmed and Aitisfied in the
confcioufnefs of their Political Free-
dom.
The Wifdom and Authority of the
Congrefs is the concentration of the rea-
fon and powers of the feveral States ; as
is, in like manner, each State the con-
centration of the reafon and powers of
its refpedlive Citizens. The Sovereignty
and Imperium of the Magiftracy in each
State, is the concentring Reprefentativc
of the Majefty of the People of that
State. There feems (at leaft to the ap-
prehenfion of this Memorialilt) to be
wanting, in the General Government of
the Confederation, a like concentred Re-
prefeuta.tivc of the Mojefty of the People
Q ^. at,
( loo )
at large, and of the General Sovereignty
of the United States.
As Man confifls of Body as well as
mind j fo, in all matters with which his
political cxiftence is conncded, there
nuifl; be an adual office externally and
materially cxifling, as the refidence of Ma-
fefly and Sovereignty in perfonal Exijience^
with which the Majelly and Sovereignty
of other States may treat and act.
If, according to experience derived
from the Wifdom and Fortune of Rome,
The United States fhould be of opi-
nion to inftitute fuch an office, the leii-
dencc of Miijclly and Sovereignty; and to
Create two equal Magiftrates with con-
current jurifdidtion, as above defcnoed,
to adminidcr and execute thefe concen-
tred Powers ; they will, as that State
did, cioath this officer or officers with
all the enfigns of Majefty, and all the
outward marks of Executive power;
with all the honours and dignities that
iliould attend and adorn the adtual Re-
prerentati\,p
( 101 )
prefentative of the Majefty of the People.;
fo that its authority may be feen and
felt, as well as its powers obeyed, within
the General Government. They will fo
hold out the ftaff, and fet up -on high the
Standard of their Sovereignty to all Nations,
that its equal State may ftand acknowledged,
that its Fecial rights, its war eftablifhment,
the Rank of its Staff, and of its Officers,
may be, by decided acknowledgment of
Nations, known and avowed ; that the
Refpedt due to its flag, the Authority of
its PaiTes, Letters of Mark, and the Rank
of its Fleets and Seamen, may be fettled
as of common and reciprocal right j that
the fever a/ orders of Citizens, in this New
Republican State, may have, in perfed:
reciprocity, relative place and precedence
amongft the refpedfive orders of fubjeSfs
in the feveral States of Europe ; that its
Commerce may, in its operations and in-
terefts, enjoy full and perfect liberty, fuch
as it gives.
All the Forms of Office, all proceed-
ings in bufinefs, all the modes of Admi-
niftration.
ll
#
^np
( 102 )
niHiration, all the adts of Government ii
the refpedtive States, when they were
Provinces and Colonies, were Monarchi-
cal. Moft of the States have preferved
the fame Forms in their refpedtive New-
eftablifhed Sovereign Conflitutions; nor
are they lefs Commonwealths or Repub-
lics for taking this mixed form ; but, as
hath been faid above, fo much the more
firmly founded in Cuftoms, Nature, and
Truth. Hqw, then, will the General
Government be the lefs a Republic for
taking the like form, or why lefs to be
trufted with it ? May the Mcmorialift,
therefore, venture to fay, United
States and Citizens of America,
confider and treat yourfelves as ".ohat you
are-, and ad: upon your Syflem as bcitig
•what it is : and know //y*/ it is that bell
of all conftituted Republics, that, in
which the Monarchical, Ariftocratic, and
Popular Forms, are all combined in con-
cert with each other.
If any doubts, fears, orjertioufies, of the
leftoration of the Monarch, agitate the
miniijf.
( 103 )
minds of the States and Citizens ; the ap-
pointment of this new-reformed office,
framed and interwoven into the Conftitu-
tion of the Commonwealth, with powers
that efficiently and to all purpofes fulfil
and execute all the duties of the Monarch,
will, as it did at Rome, effedually for
ever ftifle every thought and wifli that
could look to fuch Reftoration, and ex-
clude all poflibility of any fuch event
taking place. Had the people of Eng-
land, after the death of Charles the Firft,
and the exile of the reft of the Royal
Family, been in a capacity of taking up
the precedent of Rome, and appointed an
annual Magiftracy— a Protedlor — or two
Confuls, to execute the office of Protec-
tor or King, there never would have been
a Reftoration. But the Nation, finding
no regular, conftitutional, Adminiftrative
Power; but, inftead thereof, feeling the
arbitrary power of every afcendant Fac-
tion, did, under one common fympathy,
and unanimoufly, (if that expreffion can
be faid of an ait where no concert or
common
■■
( I04 )
fcommon confent was taken,) revolt from;
the Government in PoflelTion, and recoil
back into Monarchy, and to the Mo-
narch.
The only thing which can ever, in
America, create a danger of falling back
to the imagination or defire of a Mo-
narch, wMI be the leaving of the General
Government defedtive, jinh Magiftratu &
Ip'perio in the Executive Adminiftrative
Branch. If there be not a fixed perma-
nent office, that may be the center of in-
formation J the Repertory and Re< ' of
the concentred wifdom of the 1 wupie,
of the Reafon of State ', that may be the
conftant, uniform, never-ceafing fpring of
aftion in the adminiftration and manage*
menf: of the general Intereft, the general
government of the United States;
this Government muft at times be at a
ftand, its powers fufpended, and always
liable to be inefficient. This dejideratum
will lead uneafy, un fettled, reftlefs minds,
to other defiderata 5 and if this chain of
reafoning, or of adopting opinions, once
takes
( 'Oi )
takes place with a people, who' (lull fay
to what it may or may not train ? More
is to be apprehended from the deficiency
df this Branch of Government, than it is
poflible (hould derive from any cftablifh-
ment of fuch a Magiftracy, and fuch an-
nual refponfible Magiftrates, as this Me-
morial prefumes to recommend. The
Conditution of Rome was mined by the
advantages taken in various meafures from
the want of a proper eled^ive Aflembly*
reprefentative of the People ; and the
creation of an -f* unlimited Magiftrate, to'
adluate their faftions. If any thing could
have faved this ConAitution, the Office
of Conful would have faved it.
All that is here faid, refers to the Eda-
blifliment of the Empire, as to "Peace and
Polity : the Congrefs, wicn a General and
Commander in Chief of the Army, was
fufficient for War — * Sed in pojierum Jir-
manda Refpublica, non armis modoy neg; ad'
verfum Hojiei^fedy quod multo majus, mut-
tgq*, ajperim eji, bonis Pads artibus.
The Memorial here clofes what it hath
•^ The Tribune. » Salluft ad Cafarem.
uiiia ,n^
ill
pre-
'( io6 )
prefumed to advance upon the matter of
Conftltution ; and quoting an opinion of
Mr. Hume, namely, ** That Legiilators
*• ought not to truft the future Govern-
** ment of a State to Chance, but ought
** to provide a Sy^lem of Laws to regu-
'* late the Adminiftration of public af-
'* f^irs to the lateft Porterity," will hope
that what it hath recommended will
make a ferious impreffion on the minds of
the Americans in the true fenfe of this
wife and intereftlng advice.
The Spirit of a right Adminiftration
muft be formed and take its fpring ficm
the various parts of the SyO^.m of the
Community and State j from the form
and order in which the Individuals with-
in the community, ?nd the Citizens with*
in the State, lie and are diftributeu. An
Adminiftration of Government follow-
ing thefe principles, will diftinguifti the
eflential unalienable rights of the Indi-
vidual, both internal, and thofe which,
being external, are communicable, and
are melted down into the Communion.
It will take care that that full right and
pof-
( '07 )
pofTeffion, that fr>:e enjoywicnt of proper-
ly, which the individual is entitled to j
that thofc laws of nature which even the
eftablifbiment of Civil t*olity does rot in-
terfere in, arid which, therefore, remain
in the right of the Individual, are not
clogged, abated, or obflrudted, by any of
thofe perverted conditions which the Go-
vernments of the Old World havQ too ge-
nerally adopted.
The Spirit jf the American will, as
it h^th dane, continue to provide for a
fuir, equal>u,nobflrudted, adequate Rcpre-
itKntation, i^uating both Debate and
Ilefult, by which the wifdom of the Ge-
neral Comn,\unily may be concentred j
by which tht Senfe, both in confent and
difTcnt, of the whole, may be regularly
colledcd. it will always provide, as it
bath done, for an uniform quable rota-
tion of Obedience and Command. —
** Ncque folutn its prcefcribendus eft Impe^
randiyfed etiam Civibus oh*emperandi Mo-
dus, Nam et qui bene tmperat» faruerit
aliquandd neceje eft j et qui modejte paret^
%td^batUj% qui aliquando imperet^ dignus
if-
' ( io8 )
eje. Itaqi oportet ut eum^ qui paref,Jper
rare fe ah quo tempore imperaturum j et ik
lum, qui I HI per at, cogitare brevi tempore
fihi ejje parendum'' Cicero de Legibus,
Lib. iii. § 2.
This meafure of Rotation of Office,
and refponfibility at the going out of Of-
fice, is of the efTence of a real Republic.
1 he State arifing irom, and being built
up in, that Spirit of genuine Liberty,
which animates the New World, not in
the partial political one of the Old World,
which hath a thoufand diftindlions and
cxclufions of Nations, Provinces, even
Colours of the human Species ; the
X'NiTED States and Citizens of
America, whofe Syftem is founded on
a Law of Nations that coincides with the
Law of Nature, will find it juft and right,
trne in politics, to inftitute fome mode,
by which the Slaves ^ whom Providence
hath fuffered to come under their domi-
nation, may work out, by proper means
and in fuitable time, their Liberty j by
means which may not injure the proper-
ty of the Miifter- owners, and which may
' render
«. '
( 109 )
render the Slaves better and more zea^
lous fervants, while their Slavery re-
mains. Thefe unhappy People, emerg-
ing to liberty, under certain limitations*
will become, what the American com-
munity moft wants, a beneficial Supply
'^f Labourers, Farmers upon rent, Me-
chanics and Manufacturers. Perhaps^
in order to throw them into thefe clafTes,
as well as for other reafons, it may be
thought one of the proper limitations, to
exclude the coloured Liberti from a ca-
pacity of having or holding any landed
Property, other than as Tenants. The
Memorialifl has his ideas as to tlie means
of carrying this meafure into execution.
If the States fhould d'^ipprove the mea-
fure itfelf, the mention of them would
become improper. If it fhruld pleafc
God to put it into their hearts, to rea*
fon, that, while they feel their obliga-
tions to his Providence for eftablifhmeot
of theit own liberty, they ought to think
it a duty required of them to open snd
extend this blcffing to their fellow crea-
tyres i
'm
■;;■: :i m
\ i
[no }
turcs^they woul<i I e leaders of niuch better
ways and means than the MemcfialUI
could fiiggeil» each State adopting by
their own legiOature foch as were A^ited
to their refpedive peculiar circomftances.
4s the United States in the Ne.v
World have no landed Clergy, no Cbtircb
EJlahlifimenty as the Religion o^ the
State or the General Government j and as
this is a matter fo foreign and incom-
prehenfible to common Politicians of the
Old World ; more than ordinary atten-
tion becomes due tg the grounds of
the Sandion of Oaths. It will be wife
to review the Inftitutionsby which Oaths
are applied to the interior proceedings
of Government j it will be neceflary that
Foreign powers (hould underftand the
Grounds of thefe Sandions, both di-
vine and human, by which the obliga-
tion of oaths in America ftands bound
and devoted.
Although the Modes of Faith, and
FiOiions of Ceremonies in the Religion,
©f America, are left as indifferent and.
irtelevaas^
irfclcvant, either to the true Effence of
Religion, or to the Conftitution of the
State ', yet there is no Country or Re-
gion on the Earth, where a real fincerc; *
confcientious fenfe of the divine truthi^
refpefting the Supreme Being, and the ^^
difpenfations of his providence here, ** nd
in a future State of Rewards and punliih-
ments, are in Spirit and truth fo gen^i^ally
imprelTed on the mind and Charad^^r of
the Inhabitants j and the States, each
within its own jurifdi^ioO, do require of
every CitvZ^n, * »jnpn the fame ?rin-
* ciples
V
i 1
Ijil.ll
: I
* It may not be atnlft to give an inftance or
two of this : firft, as it was conceived by thofe
Scales of the Old World who were under the dark-
nefs of the Falfe Religion j and, next, of the ge-
nera! manner in which the American States take up
this iieceflary claim on their Citizens. — Siigitur hoc
a pt incipio perfuafum Civibuiy Dominos ejfe amtiium
rerum ac moderatores Deos : eaq; qua gerantur emum
geri ditimey ac fiumine, eofdemq optime de genere ho-
rn num mereri : et S^alis quijq\ fit^ quid agat, quid
in fe admiitatf qua mente, qua pietate colat religiones,
intiieriy piorumq; etim piorum habere rationem -.
Utiles eJfe autem fipiniones hasy quis ne^ety cum intei-
ligat quam midta firmentur jurejurando \ ^anta
Salutis /tnt Fcederum religtones j quam multas divini
Jitppliiil tnetus a fctlere revocdrit, quamq; [anaa fit
Societas
!!: V
I
I.
/'
{ Hi J
tipJcs that all other States have done^
fome open teftimony and overt a<a of his
religious charaftcr. There is, therefore^
the fame grounds of the Saniftion of an
o»ath in the mind and confcience of man
erbwards God, in America, as in any other
i, >untry ; and, indeed, ground more af-
furet^^ly to be refted upon, where the rc-
Iigio*7, being that of the mind and heart, is
free ifn Spirit and Truth, than where it is
I
V
made
Sffrietas i^vium inter ipfoy^^Diis immortalihus inttr-
pofttistum Judicibus turn Ti^bus. •^Cicero deReptib.
L. it. § 7. ^
See next how the States of Atoerica take up this
idea, and make it one of the funi'**mentals of theif
Syftem. I will take my inftance from the State
Maflachufett's bay j which (hows, th'at, although
that Commonwealth admits no Church eftablim-
zAent, yet it confiders Religion as the fundamental
principle of a State.-^ — ** It is right, as well as the
Duty of all Men in Society^ publicly and at ftated
feafons to worfliip the Supreme Being. As the
happinefs ofa people f and the good order and prefervation
of the Civil Government, eflentially depend upon
Jriety, Religion, and Morality; and as th^fe cannot
be generally diftufed through a Cortimunity, but
by the Inftitution of the Public Worfliip of God,
and of public inftru£tioris in piety, Religion, and
morality ; therefore, to promote their happiiiefs,
and to fecure the good order and prefervation of
their Government, the People of this Common-
w^lth-
( "3 )
niade up, of externals forced by eftaWifli-
ment into pradice, which becomes little
better than either mechanical habit, or
Rypocrify, Again ; where Men accuf-
tom themfelves to ufe in common conver-
fation the forms of oaths by appeals to God
for the truth of their Condudt or of their
alTe-
wealth have a right to invefl their Legiflature with
power to authorii'e and require, and the Legiflature
fhall, from time to time, authorife and require, the
feveral Towns, Parifhes, Precindts, and other Bo-
dies politi", or religious Societies, to make iuitahle
provifion, JX their own expence, for the inftitutiori
of the public worfhip of God, and for the fupport
and maintenance of public Proteftant Tachers of
Piety, Religion, and Morality, in all cafes where
fuch provifion fhall not be maje voluntarily.'
* And the People have a right to (and do) invert
their Legiflature with authoiity to enjoin upon All
the Subjeds an attendance upon the Inftrudions of
public Teachers as aforefaid, at dated times and fea-
fons, if there be any on whofe inRru6tions they can
confcientioufly and conveniently attend,'
'Provided, notwithftanding,that the feveralTowns,
Parifhes, Precin6ls, and other Bodies politic, or reli-
gious Societies, (hall at all times have the exclufi"e
right of ele6ling their public teachers, and of con-
tradting with them for their fupport and mainte-
nance.'
* And all monies paid by the Subjeil to the fupport
of public Worfhip, and of the public teachings
aforefaid, ihall, if he [that isj any Individual, or
iXj numbeil'
iiii-,'''
( 114 )
afleveratlons ; or where, in the Hke pro*
fane habit, they do, as it were by a kind
of votiije ordeal, call down upon them-
felves the vengeance and the curfes which
God is fuppofed to pour down on the
heads of the perjured: in fuch countries,
and with fuch habits and charadlers, there
will not be that religious Senfe of the fo-
lernn Sandion of an oath, as in America,
where this profane habit hath not yet per-
vaded the general manners of the people.
An Oath is, as Cicero * defines it, Af-
Jirmatio religiofa^ Deo tejle. This being
number of Individuals] requires it, be uniformly
applied to the fupport of the public Teacher or
Teachers of his own religious Se£l or denomination,
provided there be any on whofe inftrudtions he at-
tends ; otherwifc it may be paid towards the fupport
of the Teacher or Teachers of the Parifti or Precindl
in which the faid monies are raifed/
*And every Denomination ofChriftians, demean-
ing themfelvcs peaceably, and as good fubjedts of
the Commonwealth, {hall be equally under the pro-
tection of the Law ; and no fiibordination of any
one feet to another fliall ever be eftablifhed by Law."
— This Inftitution, mutatis mutandis, will fuit the
religious part of every ftate in America.
* De Off. Lib. iii. § 2g.
fo
( "5 )
{o folemn an appeal to religion as ought
not to be permitted to be violated without
the temporal refentmcnt of Civil So(-ietyj
all States have annexed fcvere temporal
pains and penalties to this daring breach
of faith, pledged under the witntfling
Eye and Sandlion of Heaven. The Sanc-
tions of an Oath are by thefe means of
two kinds: Perjurii pojna Divina Exitium;
Humana Dedecus. Cicero de Leg. Lib,
ii. § 9.
If there is not in a People a confcien-
tious habitual fenfe of the fiiperintending;
Providence of the Supreme Being, the
poena Dhina^ with the Man or Mea
who want this. Senfe of duty towards God,
will become a -nockery and an enfnaring
falfe pretence to confidence ; and the
adding an oath, under this callous State of
confcience, muft: operate as fuch a fnare,
without infuring truth or right. Nay, evea
further 5 where the proper fenfe of re-
ligion remains, if the divine San(5tion of
Oaths is applied in trivial cafes, or toa
Q 2 prefumptuoull}?^,
^ I
!i!'
1;, 5:i
■;: i
r,\i
,'!*■
( "6 )
prcfumptuoufly recurred to ui matters of
doubtful temptation, or even made too
common on more fcrious occafions — or is
tendered as a form of courfe in the ordi-
nary occurrences of bufinefs, — it will be-
came propbancd j firft negledlcd, and
finally contemned. This Error hath been
invariably fallen into by all the Govern-
ments of the Old World, hath invariably
produced the fame evil, hath been felt in
all, complained of, but never redrefTed.
It is a common and repeated remark
with Hillorians, when they compare the
corruptions of later with the purity of for-
mer times, to mark this lofs of the Divine
Sandlion of oaths. * Livy, fpeaking of
a tranfadion, wherein the Tribunes aim-
ed, by a cafuiftical diftindtion, to abfolve
the people from their oaths, fays, Scdjion-
dum hiC, qua nunc tenet Sacula, negli-
gentia Deum venerat, ncc interpretando
fibiy ^ifq-, jnsjurandtim & Leges aptos
faciebcit, fed Juos potiiis mores ad ea ac-
* Lib. iii. § 30.
covwm
daf.
%
( "7 )
comm&dai. The Memorial here recurring
to its leading propofition, That, as the A-
mericans are founded on, and buiit up trip
quite a new Syjiem in a New JVorld, by
themfelves, are not only at liberty, but,
in the natural courfe of their operations^
muft be led to take their meafurcs from
nature and truth, and not from prejudged
precedents ; whatever inftitutions they
form on any new matter or occafion will
be original : on this pofition, the Memo-
rialift ventures to proceed in the following
reafoning. As the fandions of an oath
are of two kinds, if the oath is tendered
and taken under one only of thefe fanc-
tions, the Pasna, as Cicero defcribes it,
will ha^ve a very different reference to the
avenging judice if Heaven, or to the pains
and penalties ot the Civil Power. The
American Legiflators may, perh3ps,,mak-
ing this diftin<ftion, be led to feparate thefe
two very different forts of Oaths; the
Oath taken under the Civil Sandtion and
Penalties only, from that in which the Di-
vine
I'l
M
( nS )
vine and Human Sandlions are combined,
An oath taken and made, not invoking
the prefence and atteftation of God, but in
prefencc of and pledged to the Civil Ma-
gidrate only, under all the pains and pe-
nalties of perjury, and, under the Sanation
of thofe penalties, in cafe of perjury, of
being rendered incapable of giving tefti-
mony, of doing any adV, or enjoying any
right, privilege, or thing, which requires
the intervention of an Oath, may be fuffi-
cient bond of faith in all ordinary cafes,
in all Forenfic or Commercial tranfa<flions.
7he Oath of the higher and more file mn
form, where God is invoked as a witnefs,
wherein he is appealed to as a Judge, and
as the diredl avenger of perjury -, this fo-
lemn Oath, in which the Divine Sandioa
hath alfo the temporal human SanifHon
combined with it, fliould be referved
folely to the moft important occafions of
the State, either in thofe grants or claims
of rights which may arife from its Fecial
and Foederal tranfadions with Foreign
Nations j or where, within their own Syf-
temi
( IJ9 )
tffm, the Majefty of the People ; the So-
vereignty of the State ; the vitality of the
Conrtitution j or the life of man is con-
cerned. In the tender and taking of this
path of the higher and folemn fandion,
every ceremony, every folemnity, fliould
be ufed that can tend to imprefs a right
Senfe of the Sacred Sanations under
which it is taken.
An inftitution of this kind, planned and
formed by the wifdom of the Affemblies
of the States, with all the provifions, dif-
tindions, and limitations, which they will
beft know how to apply, would avoid all
thofe evils ar.ifing from the defedt or cor-
ruption of the divine fandion of oaths j
would preferve more facred that fandion 5
and maintain its operative effed on the
minds of men longer than any State of
the Old World hath been able ever yet to
do.
This Memorial doth not prefume to re-
view the eftablilhment of the Military
Part of the States j nor the form under
which
ll'M
( 120 )
which the Continental Army was confti-
luted : if it did, it could be only to fay,
that nothing could be better calculated,
no^*Mng more wifely grounded, (o as to
harrafs the people as little as poflible, and
yet always to be in practical promptitude,
, and efficiency, to execute the very fervice
for which it was called forth.
It declines, alfo, faying any thing on the
Naval Department, as that fubjedt fcems
to the Memorialift to require the difcuf-
lion of a previous queftion, of great im-
port either way, and a matter of deep po-
licy, of which the Memorialift is not com-
petent t3 judge J namely, whether that
Force (liould be brought forward into force
equal to the capabilities of the Empire,
all at once^ by one great united effort j or
be let to grow by a natural fuccellive pro-
greffion in the ordinary train of affairs?
There are one or two points which lie
not, indeed, fo much in matter of Admi-
niftration, as in the procedure of executive
Juftice.
The
-w
( 12' )
The firft is the new mode by which
the States and the General Government
muft define and clafs the Crime of Trca-
fon, and Offences aguiiitl the Majcjtas and
the Sahis Populij and the Sovereignty of
the State. The Governments of the lat-
ter periods of the Old World being Feil-
dal, and there being no idea of Sovereign-^
ty but of that which was Perfonal, the
Crime of Treafc n was confined to overt
ads committed againfl: this Perfonal So-
vereign : but in the new Syftem and Con-
ftitution of the United States, the
objedl is the State^ not the Pcrfon. This
Crime muft be defcribed, defined, and
claffcd under its feverai degrees of crimi-
nality, according to this latter Idea. Here
the Wifdom of Congrefs and of the States
cannot aft too much upon caution, can-
not too attentively, too anxioufly, apply
that caution, to guard itfcif againft the
errors into which the Romans were be-
trayed, and which, under this law of
lafa MajeftaSy gave fcope to the moil
cruel engine of Tyranny.
R There
1 , ■
' ' ■ '■;
IT;;
m
If
( 122 )
There are not, nor ever were, in Ame*
rica, any of thofe For eft- laws, if Laws
they can be called, which were the mere
denunciations of Tyranny and Domina-
tion ; Regulations that ruined the poor
liibjc(5lG of the Monarchs of Europe, in
order to infure the prefervation of their
beafts of the Chace. This tyranny be^
came iiitolerable every where ; in Britain
it was wrenched out of the hands of the
Monarch. If the fuppreffion of this
domination had been made under the
genuine Spirit of Liberty, the mifchief
would have ended here j but a hundred
heads of petty Tyrants fprung out of the
neck of this Hydra principle. A Syftem
of Game-Laws became eftabiiflied in the
hands of lefTer, but more mifchievous Ty-
rants; and in their hands became, fnares
round the necks, and as whips of fcor-
pions over the backs of the leffer inhabi-
tants of the land, the unqualified Yeoman-
ry and Tcnar.-ry : but the Spirit of Ame-
rica revolts againfl: fuch bafenefs ; the very
air will not permit it ; what is ff'^tld by
Nature
( 123 )
'Nature is there Game to every Individual,
who is free by nature. Tliere are laws
to fecure lo each land holder, the quiet
enjoynient of his land againft real trefpafs
and damage ; but there are no Qame-latvs
\t\ America : that impudent Tyranny hath
not yet, and, I truft, never will, dare to
(how its head in that Land of Liberty.
There is another matter of Police,
which being, as the Memorialift con-
ceives, an almoft general Error of the
Governments oi the Old World, and
fuch as he thinks the Syftem and Principles
of the New World will reform, he wilt
not pafs by in fiknce. He thinks that
imprifonment for debt is a dired foleeifm in
policy, not relevant to the ends of diftri-
butive Juflice, and contrary to every idea
of the advantages which the Community
is fuppofed to derive, in fome degree of
other, from every individual. Imprifon-
xpent cannot pay the debt j is a punifli-
me^t that makes no diftindlion between*
criminality, or the misfortune, which mayj
R 2 havq
( 124 )
have occafioned the debt. The glaring in-
jufticeof this punifliment hath led to two
remedial Laws, the Statutes of Bankruptcy
and Statutes of Infolvency, which are
fources of endlcfs frauds. The locking-
up the debtor from all means of Labour or
Employment, is robbing the community
of the profit of that labour or employment
which might be produced, and is making
the Debtor a burthen to his Creditor and to
tiie public. If any fraud or other crimi-
nality appears amongft the caufes of the
debt J or if it hath been occafioned by an
undue courfe cf living above the circum-
flances of the debtor j corred the vicious
Follies, punidi the Fraud. But taking
^he Debtor, fimply as a debtor, pity his
misfortune ; do juftice, nevf.rthelef?, ,to
^he Creditor. Infcead of flmtting the man
lip from all means of maintenance, * in-
dent
^This Tndcntinn;ofa Servant for £. number of years,
three, four, or fevcn, as the t^uropeans do appren-
tices, is a practice of every day ; where New-comers
into the Ccurtry, — fomc polieffing large fums, in-.
dent
( «2S )
dent him to his Creditor or Creditors
as a bond fervant ; or where misfortune
and not criminality was the caufe, put
him in fome or other way by which fome
profit may be drawn from him. If he
cannot labour in one way, he may be
employed in another j for when obliged
to it he will become ufeful in fomp way
or other. If his mode of labour or capa-
city for employment be not of immediate
ufe to his Creditor, that Creditor can fell
his time to fome other perfon, to whom
it may become fo; the Creditor will thus,
in part, be reimburfed ; the profit (how
fmall is not here the confideration) will
not be loft to the Community; and the
dread of being reduced to this fervile ftate
will be a greater terror to debtors be-
coming fo by fraud and criminality, than
any confinement in any jail whatfoever.
The Americans will excufe the Me-
morialift, if he mentions one matter more j
dent themfelves as Servants for three or four years,
in order to learn the bufinefs of the country before
they fettle in its lands.
which
( 126 )
which is, a caution againft their falling
into that falfe police of the Old World
which hath manacled the hands of La-
bour, and put fetters on the adivity of the
Human Being; which hath fixed him to
one Spot, and, as it were, to a vegetable
mechanifm, whom Nature meant fliould
be locomotive, feeking his means of
labour and employ where he could beft
profit of his powers and capacities. He
mentions this as a guard againil their in-
terfering with the free courfe of Labour;
the free employment of Stock, either by
diredt regulating and prohibitory laws ;
by partial privileges, on one hand, or
checks on the other ; or by any local or
perfonal privileges, which is a bounty
on idlenefs, and deftroys all competition;
or by foolifli bounties, which put every
account of manufa<flures or commerce on
afalfe balance at the outfet, which is never
after fet right. He hopes the Americans
will excufe this cxcefs of caution in an
European, who has feen the evil effedts of
all thefe errors in police. He knows that
5 there
( 1^7 )
there is no fuch Spirit of Police in Ame-
rica., and he thinks he may hope there
never will be.
Having thus difcufTed the mjence of
the New Syftem in the New World ; the
genuine Spirit of Liberty which animates
it 5 the Spirit of Sovereignty that adtuates
it J the equal temper of a community of
Equals which gives equable and unifornj
motion to it : having examined thofe re-
lative matters which may, both internally
and externally, affedl the exiftence of this
independent Sov^reignj thofe points more
particularly which are neceffary to give it
Efficiency, and to afTure its Permanency t
Having, b-y a concurrent analyfis of its
aflual Situation with the Principles of the
Syftem, fhewn how the Conftitution is
is founded on nature, and built up in
Truth J having explained (according to
the manner in which the Memorialift rea-
fons) hovsr fome new and original inftitu-
tions of Policy ought to arife out of it;
having marked what ought to be, and
what
1 ii
( is8 )
what will be, the Reafon of States the
Spirit oj Adminijiration of fuch a free
Sovereign, fo founded and fo built up:
The Memorial will now venture, in the
words of the Prophet », for this Prophet
was as true a Patriot, as deep a Politician,
as he was a found Divine, to fay to the
Sovereit'n Government of America,
1. Arife, afcend thy Lofty Seat.
2. Be cloathed with thy Strength. \
3. Lift up on high a Standard to the
Nations.
Afluate your Sovereignty : exercife the
powers and Duties of your Throne. Let
tht; Supream Magiflrate or Magiftrates
be vifibly cloathed with the Majefty of
the People ; and feen to be armed with
the efficient powers of Adminiftration j
and conftantly attended with the rewards
and Punifliments of executive Juftice.
The Magiftrate or Magiftrates (hould not
only have all thofe powers, but be cloathed
* Ifaiah.
wit^
( 129 )
'l' ■ . ■ '■•
nvitb them, as with a Robe of State*
ThcFafces or other Infignia Juris et MajeP
tatis Imperii (hould precede this Magillracy
in feme vifible form, whenever he or they
come forth in the forms of office. Thcfc
are cxprcfled by the Infignia and Fafcei
which the Romans fixt in attendance on
the Consuls, after they had. abolifhed the
pomp and parade of their King.
It is not fufficient that the United
States feel that they are Sovereign ; it
is not fufficient that the fenfe of this is
univerfally felt in America j it is not fuffi-
cient that they are confciou? to themfelves
that the FunSlum Sa/iem, the Source and
Spring of the Adivity of this Sovereign
power, is within their Syftem : until they
lift up on high a Standard to the Nationi',
it will remain as an abftrad: idca^ as a'
Theory in the World at large. This
Sovereign muft come forward amongft the
Nations, as an adive Exifting Agent, a
Perfonal Being, Handing on the fame
ground as all other Perfonal Sovefeigns.
s te
( I30 )
Its Powers, CommifTions, Officers Civil
and Military j its claims to, and its excr-
cife of, the Rights of the Law of Nations^
muft have their fiill and free fcope in ad
and deed ; wherever they come forward,
their Standard and Flag, the Enfign of
the Majefty of their Sovereignty, muft be
cre<^ed, and its rights and privileges efta-
blifhed amongft the Nations of the Earth;
it muft be acknowledged ; refpefted j and,
in all cafes whatfoever, treated as what it
is, the A(^'' \1 Signal of a Sovereign Em-
pire.
The Supream * Magiftrate of this con-
federate State when placed on the Throne
of Empire, will become animated, and
feel himfelf aduated by a fenfe of Sove-
reign power J of his being the adminifter-
ing Officer of a Free People : and the
People, confcious that they are mutuality
- * I here ufe the word Magidrate iingularlyj as
yeaning Magiftracy, iiiftead of repeatedly ufiag
the exprcfllon Magiftrate or Magiftra^cs.
Par*
( ■2- )
Participants, and in common Conftituent-
Menibers, of this Sovereignty, will feel a
reciprocal fenfe of the Duty of Obedience.
The Popular Branch of a State, the
People, arc always fonr.d attached to their
ancient Government ; the Allegiance is fo
worn into habit, as to create a home-fenfe
of its being 'Their own Government : this
is an artificial confcience, an acquired
opinion, a fecondary principle. But when
a People feel, that this Government is of
their own cftablifhment and- Strudure ;
that the Magiftrate adminiftering is of
their own creation- ; and that each one of
themfelves is capable in rotation of becom-
ing that Magiftrate -, they feel diredly,
primarily, on the faft, that this Govern-
ment is their own Imperium, and the
Duty of Obedience operates as by a fenfe
of Nature.
The Supream Magiilrate of this Re«-
public will feel, that the Community
meant that the Sovereignty fhould be
Efficient , and that He is entrufted by the
S 2 Confidenc(;^
( »32 )
Confidence of the People (o to adtuatc it.
He will affume to his Charader this con-
fidence- He will have the confcioufnefs
of knowing that He is the actuating fpirit
of the concentred Vitality of the State ;
and that His firft and diredl duty is the
prefervation thereof in all its fundions,
health, and efficiency. He ought to fear
nothing fo much as the doing or fufFering
any thing that may hurt the Salus Rcipuk,
that may diminifli or abate the Majefty of
the People. It is not fufficient that his
office and Charader have refpcd annexed
to them ; but He ought to acquire an
Afcendency that will command refpe<fl:.
ye ought to be cloathed with the palpable
viiible Authority and Power of the Impe-
rium. He ought to (land above the level
of Equality j He ought, wherever he is
(een, to imprefs a fenfe and an idea of
Superiority and Eminence ; He ought to
b«2 looked up to as the fliield of the Qood,
and as the armed avenging hand of Evil.'
The People ought to fee, (and, if the
' ' conftitution
i i.
( 133 )
conflitution of the State be conform to
the Syftem of the Community, they will
fee,) that, as all political information
centers in this office j as the Wifdom of
the State is concentred there j fo the
Adiivity of the State fprings from it.
Thus Seated on the Throne of Empire*
the Supreme Magiftratc of a State formed
of a Free People, where the intereft of the
Rulers and of the People coincide, or ra-
ther are the fame ; the People and the
Rulers cannot have two different views of
things J the Rulers can have no Intereft,
no Wifh, to reprefent or to treat things
different from what they are. In a State
fo conftituted and fo arranged in its admi-
niftration, there cannot be even a tempta-
tion to deceive on the part of the Rulers ;
there cannot be any ground to fufped fuch
on the part of the People. It is only
when the Government is built up contrary
to the funda/nental Syftem of the Com^^
pnunity, or, being perverted, becomes fo,
' that
!■
( ^34 )
tliat deceit, corruption, or violence, Cjir^
become a meafure of State Policy. In a
real Republic, which is Res Populi, the
ProcefTion of its conftitution, and the
cotirl'* of its adions, arife from Nature
and Truth ; all Deception, all Corrupt in*-
fluence, all Violence, is diredcly contrary
to the true principles of politics. With-
out Truth and Juftice, a Republic cannot
be adminiftered or governed. The Sa-
pream Magiftrate of fuch a free State, muft,
from the nature of his information, fee
things as they lie in Nature, a.id will of
Co'urfe found his Meafures in Truth.
Truth is not only a virtue, but is Wif-
dorti ; and, in a government of a real Re-
public, fuch as the Empire of America, is
the only Genuine Policy. It creates trufl-,
finds Union and Confidence. And, lafl:h%
an Adminiflfation aduated by fuch prin^
ciples and maxims, finds hfelf Cloathea,
with Sin^?igd\ the united Hrfcngth of th^
Peo-.
1,^
{ «35 )
People ^. Where there is a right know«
Jiedge in a Supream Magiftrate of th§
Duty of adminlftering a Republic, tha^
Magiftrate will be above all wretched
King-craft and Cunning. Such is only
neceflary to fallfe Power, to half fpirit,
and half fenfe. The Magiftrate who ads
with real power, and underftands his own
fituation and duty» will treat Perfons and
Things as what they are : he knows eXr
aftly the line and takes it, and difcerns of
^ourfe the crooked one, only to avoid it..
Truth has but one plain road to tak^ ; it
15 open, and is the beft Policy. As It
• This is not vlfion, fuch as the Stat^fmen of
Europe, who are wife in their Generat'on of Cor.-
ruption, may call i; : it is Fa£t. And the Mcmo-
rialill feels a confcious pride that He dare appeal tothc
State MafTachufett's-bay, for an Example, in a pe-
riod wherein the Rulers and the People had but one
View of .things, but one iine of Conduft ; whereia
more real Exertions were n?ade for the Public Ser-
vice, than in any other Period, wherein the People
Jiave been attempted to be ruled by the Art of Go-
verning^ by deception, by corrupt influence, by
4'ioknce,
dot
■HK!
( '36 )
doth itfelf commnnd Nature; it will lead
a Republic to command to tne utmoft ex-
tent of its Capacities and Powers.
That Spirit of Uniiform Juftice, qua
nee pu7iiendo irritat animum immanem 5
nee omnia prcetermittendo, hcentid^ Gives
detertores redait^ is infeparably allied to
this of Truth.
The Spirit of Magnanimity, that Spirit
which never ceafes to feel that it is adting
the part of a Sovereign over a Free Peo-
ple, who Governs by Authority within
the State, and holds up his head with an
afcendant addrefs amongft his Equals^
other Sovereigns of the Earth, is another
conftituent part of this chara^er.
A temper of invariable univerfil Bene-
volence, which circurnfcribes all the reft,
and binds the Charader into perfedt Syf-
tem, is the crown of thefe (I will call
them) political virtues.
Being thuti planted in a New Syftem in
a Isew Country j growing up under fuch
prin-
V:--,'-
( >37 )
principles of Truth arid Nature; efta-
bliihed in fuch a Conftitution of Govern-
ment ; having in fo iliort a period been
brought forward to Indepenuence, and be-
come Sovereigns acknowledged fo by the
Sovereigns of Europe • all this coming
into Event by Something beyond the or-
dinary courfe of Events in human affairs.
The United States and Citizens
OF America may fay, " It is the Lord't
** doings," But let them remember, that
enjoying a Syilem of police that gives
activity to their powers ; that inhabiting a
New World, a land of plenty and liberty ;
a country which hath fo many fources of
enjoyments which it offers to the Old
World — let them remember the obliga-
tions which Heaven hath thus laid on
them, and the returns v/hich this Good-
nefs reclaims of them j that They refpedt
the rights and liberties of Mankind j that
by a free commerce they diffufe to the
World at large the furplus portion of thefe
T goodt
[ >38 1
good things which they muft be continu-
ally creating in their own World; that
they confider themfelves as the means in
the hands of Providence, of extending the
Civilization of human Society ; and the
Teachers, by their example, of thofe Po-
litical Truths, which are meant, not to
enflave, but to render men more free and
har^py under Government. — If they tttke
up this Gharadlcr within themfelves, and
hold out its operations and efFedt to the
Old World, they will become a Nation t<9
whom all NatioJis^ will come ; a Power
whom all the Powers of Europe will
court to Civil and Commercial Alliances j
a People to whom the Remnants of all
ruined People will fiy, whom all the op-
prefled and injured of every nation will
feek to for refuge. I'he riches of the
Sea will pour in upon them j the wealth
qJ Nut ions mujl jiow in upon them \ and
they muft be a populous and Rich People.
That all thij. United States and
ClT^
' ■^,7^ , I- ■ ■
( »39 )
Citizens of America, may tend to your
own real Good, Peace, and Liberty; that
all this may prove the natural means,
under the bleffings of Heaven, of Gene-
ral Liberty, Peace and Happinefs to
Mankind, as the utmoft that Human
Nature here on earth can look to, is the
ardent wifli and anxious prayer of Your
Memorialift.
POWNALL.
F I N
tr.T, .!'■•■ -:<'■
. V ..,,r ^.^,,
r; • -^ •
BOOKS written by Governor Pownall.
I. The Adminiftration of the Britifli Colonies,
1 vol. Bvo. Sold by Mr. Walter, Mr. Payne,
Mr. Cadell, Mr. Elmfley, and Mr. White,
Bookfellers.
II. A Topographical Defcription of the Britifh
Middle Colonies in North America. Now out
of Print, but of whicli a new Edition will
be publiflied with Additions.
III. Treatife on the Study of Antiquities. Sold
by Mr. DodQey.
TABLE OF ERRATA.
'^
The Reader is defireJ to correal the following Errata before
he reads the Work.
First Memorial.
Page 28. 1. 19. put the ajieri/m after the full Jiop : and
before the ivord The
— — 29. 1. 3. for Deditiis rw^'Deditii
— — 30. 1. I. dele the comma
— 34. 1. 24. for Manufadlures r^^^ Manufafturers
— — 35. 1. 2. dele comma after policy
— — 39. 1. 3. dele comma after avarice
—- — 40 . 1. 14. dele comma after of
SeconiI Memorial.
Page 38. 1. 10. put a full fop after the ivord thefe. and
begin the next fentence ivith A capital
. 42. 1. 6. for Commiflioners read Commiflions
■ i ■ ■ 54. I. 12. after the ivord CQvlA infert not
Third Memorial.
Page 47. 1. 19. dele the Jhp after the ivord purpofe
and put a colon after Empire: