THE BIRTH OFTHE REPUBL DAN/EL R. GooDLoi LIBRARY | Co\5/ Artillery School Accession Dumber 51186 ' : A School, F! Monroe Va.. r wr v r^rz UNIVERSITY OF CALIFORNIA LIBRARY COLLEGE OF AGRICULTURE DAVIS, CALIFORNIA THE BIRTH OF THE REPUBLIC COMPILED FKOM THE National and Colonial Histories and Historical Collections, from the American Archives and from Memoirs, and from the Journals and Proceedings of the British Parliament DANIEL E. GOODLOE CONTAINING THE RESOLUTIONS, DECLARATIONS, AND ADDRESSES ADOPTED BY THE CONTINENTAL CONGRESS, THE PROVINCIAL CONGRESSES, CONVENTIONS AND ASSEMBLIES, OF THE COUNTY AND TOWN MEETINGS, AND THE COMMITTEES OF SAFETY, IN ALL THE COLONIES, FROM THE YEAR 1765 TO 1776 TO WHICH IS ADDED THE ARTICLES OF CONFEDERATION, A HISTORY OF THE FORMATION AND ADOPTION OF THE CONSTITUTION, THE ELECTION OF PRESIDENT WASHINGTON, HIS INAUGURATION, APRIL, 30, 171 AND WASHINGTON'S 1789, A COPY OF THE CpN.SjTITlJTI.ON v . ON'S INAUGURAL PE^ A j. ^ '., QRF>, AND SAN FRANCISCO BELFG&iv OlARkE-AND COMPANY PUBLISHERS UNIVERSITY OF CALIFORNIA LIBRARY Copyright, 1889, BY DANIEL R. GOODLOE. INTRODUCTION. THAT the American Colonies were destined to become in- dependent of Great Britain, and that the occurrence of the event was only a question of time, was foreseen nearly a century before it came to pass. Lord Mansfield, in his speech in the House of Lords, on the Duke of Grafton's mo tion for an address to the King, November 15, 1775, makes this fact clear by the following statement, which at the same time exhibits the shop-keeping narrowness and illibe- rality of his own mind. He says : "The bad consequences of planting Northern Colonies were early predicted. Sir Josiah Child foretold, before the Revolution [the English Revolution of 1688-'89], that they would, in the end, prove our rivals in power, commerce, and manufactures. Davenant, adopting the same ideas, foresaw what has since happened : he foresaw that, whenever Amer ica found herself of sufficient strength to contend with the mother-country, she would endeavor to form herself into a separate and independent State. This has been the con stant object of New England almost from her earliest in fancy. Their struggles in the reign of King William com pelled that Prince to recall their former charter and give them a new one, and, towards the conclusion of his reigpn, to get an act passed that no law enacted in the Colonies should be valid, if contrary to any law at the time ex isting in England. Those disputes scarce subsided from that day to this. I remember, in 1733, Mr. Talbot (after wards counsellor) proposed a set of Resolutions, in the House of Commons, in which the nature of the disputes then subsisting were directly pointed at, and similar doc trines to those maintained at present by the British Parlia ment fully asserted." This citation from the speech of Lord Mansfield demon strates the 'truth that a man may be a great lawyer, and at the same time be a very narrow-minded statesman that he may be profoundly learned in the laws, and be pre-eminently fitted to expound them, without having the slightest qualifi cation to make laws. Here, to the westward of the Atlantic Ocean, lay a continent all untilled, and almost unpeopled. Lord Mansfield would have suffered it to remain in a state 4 INTRODUCTION. of perpetual barbarism, and have doomed his countrymen at home for all time to all the inconveniences of an over crowded, starving condition, for fear that at some remote day the colonists of the New World might assert their inde pendence and become the commercial and manufacturing rivals of Great Britain. His legal lore and training failed to convey to his mind the thought that the growth of the Colonies in wealth and population, and the development of commerce and manufactures among them, must redound to the advantage of the mother-country. And beyond the con sideration of profit to Great Britain, he seems never to have permitted his wandering thoughts to stray; but, with the genuine shop-keeping dread of competition, he would have suffered half the earth to go unpeopled lest he might inad vertently raise up a commercial rival to his own little island. In the same speech, his lordship goes on to say : " I do not think that America complains of particular in juries, so much as she does of the violation of her rights. If I do not mistake, in one place the Congress sum up the whole of their grievances in the. passage of the Declaratory Act, which asserts the supremacy of Great Britain, or the power of making laws for America in all cases whatsoever. This is the true bone of contention. They positively deny the right, not the mode of exercising it. They would allow the King of Great Britain a nominal sovereignty over them, but nothing else. They would throw off the dependency on the Crown of Great Britain, but not on the person of the King, whom they would render a cipher. In fine, they would stand in relation to Great Britain as Hanover now stands, or, more properly speaking, as Scotland stood to wards England previous to the treaty of Union. His lord ship then went into a variety of detailed reasonings to show that the views of America were directed to inde pendence ; that Great Britain could not concede without re- ling uishing the whole, which he supposed was not intended; and that, consequently, any measure of conciliation, in the present situation of affairs and the declared intentions of America, would answer no end but furnishing her with grounds to erect new claims on, or to hold out terms of pretended obedience and submission." It is not true, as stated by Lord Mansfield, that America aimed at independence; and of the contrary truth an abundance of evidence is furnished in this compilation. That the tendency of events was necessarily towards inde pendence, will be conceded: but, on the other hand, the question arises as to which party was giving the greatest momentum to that tendency ; and the answer to the ques tion will depend upon the bias of the mind. To all men who sympathize with our ancestors in their struggle for liberty and independence, it is clear that the short sighted INTRODUCTION. 5 selfishness and arbitrary pride of spirit of the British Tories precipitated the war, and made a Declaration of Independ ence a necessary measure of defence. To the man of Tory sympathies, it is equally clear that the Declaration of Inde pendence was premeditated and planned by ambitious dema gogues, who took that method of getting the control of affairs into their own hands. But the objection to this latter statement is that the haz ards were too great to be encountered by demagogues, for the sake of office. Demagogues, by their very .nature, as the term implies, are a pliant, accommodating race ; and are prone to yield to circumstances, rather than conquer them. It has been well said that the same elements of character which constitute the demagogues in a popular government enter into and make up the courtier under a monarchy. The men who led our armies to victory during the Revolution, and who framed our free constitutions and laws, were, many of them, foremost in the esteem of the rulers of Great Britain before they thought of resistance. All the older officers of the army had served with honor under the King, and their names were held in high respect at court. Franklin was Postmaster-general of the Colonies; and hundreds besides him were in high favor as civilians. They had therefore no occasion to revolt and set up a new form of government in order to secure the offices. By their heroic self-sacrifice, by their courage and perseverance in what for years seemed an almost hopeless enterprise, and by the wisdom displayed on the tented field and in the council, they gained, among friends and foes the world over, the highest reputation for virtue. The idea of such men being actuated by a low ambi tion to secure places for themselves is therefore simply pre posterous. It is undoubtedly true that the government of Great Brit ain practised great injustice towards the Colonists by send ing over profligate younger sons and the abandoned min ions of the courtiers to fill the high offices ; but bad as this system was, it was not the direct cause of the Revolution. It certainly tended to produce revolt, bv interposing, between the mother -country and the Colonies, a class of pimps and spies, whose policy it was to make themselves acceptable at home by misrepresenting the state of things in America, and by favoring every arbitrary measure of min istry. But it was those arbitrary measures that produced the rupture ; and not the unworthy instruments of admin istration. America made a successful rebellion at a time when the population was not above three millions. How idle the no tion, then, that Great Britain could continue long to rule these colonies, inhabited by a free, energetic race which doubles in number four times in a century ! THE BIRTH OF THE REPUBLIC. CHAPTER I. THE STAMP ACT THE CONTINENTAL CONGRESS OP 1765. THE following account of the Continental Convention of 1765, which met in New York, is from the fifth volume of "Bancroft's History of the United States:" " On Monday, the 7th of October, delegates chosen by the House of Representatives of Massachusetts, Rhode Island, Connecticut, Pennsylvania, Maryland, and South Carolina ; delegates named by a written requisition from the individual representatives of Delaware and New Jersey ; and the legis lative Committee of Correspondence of New York, met at New York in Congress. New Hampshire, though not present by deputy, yet agreed to abide by the result ; and they were gladdened during this session by the arrival of the express- messenger from Georgia, sent near a thousand miles by land, to obtain a copy of their proceedings." It is proper to explain, in this place, that North Carolina was not represented in this general congress of the Colonies, for the reason that the Assembly was not in session at any time after the proposition of Massachusetts to call such a body. Rumors having reached the province in the spring, that the Stamp Act bad been passed by Parliament and ap proved by the King, the same spirit of opposition to its en forcement was manifested in all the principal towns of North Carolina that had been exhibited in the northern Colonies ; and this caused the Lieutenant-governor, Tryon, to prorogue the Assembly from May until November, lest that body might give expression to the popular feeling, as it undoubtedly would have done. See "Martin's History of North Caro lina," vol. 2, pages 193 and 195. Mr. Bancroft continues : " The members of this first union of the American people were elected by the representatives of the people of each separate Colony. While they formed one body, their power was derived from independent sources. Each of the Colonies 8 THE BIRTH OF THE REPUBLIC. existed in its individuality ; and notwithstanding great differ ences in their respective population and extent of territory, as they met in Congress they recognized each other as equals," without the least claim of pre-eminence, one over the other. ''The Congress entered directly on the consideration of the safest groundwork on which to vest the collective Amer ican liberties. Should they build on charters, or on material justice ? on precedents and fact or abstract truth ? on special privileges or universal reason ? Otis was instructed by Bos ton to support, not only the liberty of the Colonies, but also chartered rights. Johnson, of Connecticut, submitted a paper, which pleaded charters from the Crown, but Robert R. Livingston, of New York, ' the goodness of whose heart set him above prejudices, and equally comprehended all mankind,' would not place the hope of America on that foundation; and Gadsden, of South Carolina, giving utter ance to the warm impulses of a brave and noble nature, spoke against it with irresistible impetuosity. k A confirma tion of our essential and common rights as Englishmen, 7 thus he himself reports his sentiments, 'may be pleaded from charters safely enough; but any further dependence upon them may be fatal. We should stand upon the broad common ground of those natural rights that we all feel and know as men, and as descendants of Englishmen. I wish the charters may not ensnare us at last, by drawing different Colonies to act differently in this cause. Whenever that is the case, all will be over with the whole. There ought to be no New England man, no New Yorker, known on the continent, but all of us Americans.' "These views prevailed; and in the proceedings of the Congress, the argument for American liberty from royal grants was avoided. This is the first great step toward in dependence. Dummer had pleaded for Colony charters; Livingston, Gadsden, and the Congress of 1765 provided for American's self -existence and union by claiming rights that preceded charters, and would survive their views. " And how far would that Union extend ? What nations would be included in the name of Americans ? The mem bers of that Congress believed themselves responsible for the liberties of the continent ; and even while they were delib erating, the vast prairies of Illinois, the great eastern valley of the Mississippi, with all its rivers gushing from the Alle- ghanies, with all its boundless primeval forests spreading from the mountain tops to the alluvial margin of the mighty stream, with all its solitudes, in which futurity would sum mon the eager millions of so many tongues to build happy homes, passed from the sway of France into the temporary custody of England. THE BIRTH OF THE REPUBLIC. 9 "The conduct of America was regulated by the Congress at New York. Those who compose it, said Gage, are of various characters and opinions ; but in general, the spirit of democracy is strong among them, supporting the inde pendence of the provinces as not subject to the legislative power of Great Britain. The question is not of the inexpe diency of the Stamp Act, but that it is unconstitutional, and contrary to their rights." No Colony was better repre sented than South Carolina. Her delegation gave a chief or two of the three great committees, and in all that was done well, her mind visibly appeared. "The difficult task of defining the rights and 'setting forth the liberty' which America 'ought to enjoy,' led the Assembly to debate for two weeks on ' liberty, privileges, and prerogative.' In these debates, Otis, of Boston, himself the father of the Congress, displayed great knowledge of the interests of America, and assisted to kindle the fires which afterwards lighted the country on to freedom. "It was proposed to ' insist upon a repeal of all acts laying duties on trade, as well as the Stamp Act.' ' If we do not make an explicit acknowledgment of the power of Britain to regulate our trade,' said the too gentle Livingston, 'she will never give up the point of internal taxation.' But he was combatted with great heat, till at last the Congress, by the hand of Rutledge, of South Carolina, erased from the declaration of rights the unguarded concession; and the restrictions on American commerce, though practically acquiesced in, were enumerated as grievances. Still Gadsden and Lynch were not satisfied. With vig orous dialectics, they proceeded, from a denial of the power of Parliament in America, to deny the propriety of approach ing either House with a petition. * The House of Commons,' reasoned Gadsden, with the persevering earnestness of con viction, * refused to receive the addresses of the Colonies when the matter was pending; besides, we neither hold our rights from them nor from the Lords.' But yielding to the majority, Gadsden suppressed his opposition; * for,' said he, 'union is most certainly all in all.' "The carefully considered documents in which the Con gress embodied the demands of America, dwell mainly on the inherent right to trial by jury, in opposition to the ex tension of the admiralty jurisdiction, and the right to free dom from taxation, except through the respective Colonial legislatures. These were promulgated in the Declaratory Resolutions, with the further assertion that the people of the Colonies not only are not, but, from their local circum stances, never can be, represented in the House of Commons in Great Britain ; that taxes never have been, nor never can be, constitutionally imposed on the Colonies but by their respective legislatures ; that all supplies to the Crown are 10 THE BIRTH Of 1 THE REPUBLIC. free gifts ; and that for the people of Great Britain to grant the property of the Colonists was neither reasonable nor consistent with the principles, nor with the spirit, of the British Constitution. The same immunities were claimed in the Address to the King, as ' essential principles, inherent rights and liberties,' of which the security was necessary to the * most effectual connection of America with the British empire.' They also formed the theme of the Memorial to the House of Lords, mingled with complaints of the ' late restrictions on trade.' "Having thus insisted on their rights in strong terms, the Congress purposely employed a different style in the address to the House of Commons, insisting chiefly on the disadvan tages the new measure might occasion, as well to the mother- country as to the Colonies. They disclaimed for America the * impracticable' idea of representation in any but Ameri can legislatures. Acknowledging ' all due subordination to the Parliament of Great Britain,' and extolling the ' English Constitution as the most perfect form of government,' the source of 'all their civil and religious liberties,' they argued that, in reason and sound policy, there exists a material dis tinction between the exercise of a Parliamentary jurisdiction in general acts of legislation for the amendment of the com mon law or the regulation of trade through the whole em pire, and the exercise of that jurisdiction by imposing taxes on the Colonies from which they therefore entreated to be relieved. " While the Congress were still anxiously engaged inweigh- ing each word and phrase they were to adopt, it was rumored that a ship laden with stamps had arrived. . . . "On the morning of the 25th [October], the anniversary of the accession of George III., the Congress assembled for the last time, and the delegates of six Colonies, being empow ered to do so, namely, all the delegates from Massachusetts, except Ruggles ; all from New Jersey, except Ogden ; all those of Rhode Island; all of Pennsylvania, excepting Dickinson, who was absent, but adhered ; all of Delaware ; and all of Maryland ; with the virtual assent of New Hampshire, Con necticut, New York, South Carolina, and Georgia, set their hands to the papers, by which the Colonies became, as they expressed it, ^a bundle of sticks, which could neither be bent nor broken.'" To the foregoing general account of the proceedings of the Congress, given by Mr. Bancroft, it is deemed proper to an nex the following Declaration of Rights, which may be found in " Burke's History of Virginia:" THE BIHTH OF THE REPUBLIC. 11 DECLARATION OF RIGHTS. "THE members of this Congress, sincerely devoted with the warmest sentiments of affection and duty to his Majesty's person and government, inviolably attached to the present establishment of the Protestant succession, and with minds deeply impressed with a sense of the present and impending misfortunes of the British Colonies on this continent, having considered as maturely as time will permit the circumstan ces of said Colonies, esteem it our indispensable duty to make the following declarations of our humble opinion re specting the most essential rights and liberties of the Colo nists and of the grievances under which they labor by reason of several late acts of Parliament : " I. That his Majesty's subjects in these Colonies owe the same allegiance to the Crown of Great Britain that is owing from his subjects born within the realm, and all due sub ordination to that august body, the Parliament of Great Britain. "II. That his Majestys' liege subjects in these C9lonies are entitled to all the inherent rights and liberties of his natural- born subjects within the kingdom of Great Britain. " III. That it is inseparably essential to the freedom of a people, and the undoubted right of Englishmen, that no taxes be imposed on them but with their own consent, given personally or by their representatives. " IV. That the people of these Colonies are not, and, from their local circumstances, cannot be, represented in the House of Commons of Great Britain. ' ' V. That the only representatives of the people of these Colonies are persons chosen therein by themselves, and that no taxes ever have be,en, or can be constitutionally im posed on them but by their own respective legislatures. 1 ' VI. That all supplies to the Crown, being Free gifts of the people, it is unreasonable and inconsistent with the princi ples and spirit of the British Constitution for the people of Great Britain to grant to his Majesty the property of the Colonists. "VII. That trial by jury is the inherent and invaluable right of every British subject in these Colonies. "VIII. That the late act of Parliament entitled "An act for granting and applying certain stamp duties, and other duties, in the British Colonies and Plantations, in America," etc., by imposing taxes on the inhabitants of these Colonies, and the said act, and several other acts, by extending the jurisdiction of the Courts of Admiralty beyond its ancient limits, have a manifest tendency to subvert the rights and liberties of the Colonists. "IX. That the duties imposed by several late acts of Par liament, from the peculiar circumstances of these Colonies, 12 THE BIRTH OF THE REPUBLIC. will be extremely burtbensome and grievous, and, from tbe scarcity of specie, the payment of them absolutely imprac ticable. " X. That as the profits of the trade of these Colonies ulti mately centre in Great Britain to pay for the manufactures which they are obliged to take from thence, they eventually contribute very largely to all supplies granted there to the Crown. * ' XI. That the restrictions imposed by several acts of Par liament, on the trade of these Colonies, will render them un able to purchase the manufactures of Great Britain. "XII. That the increase, prosperity, and happiness of these Colonies depend on the full and free enjoyment of their rights and liberties, and an intercourse with Great Britain mutually affectionate and advantageous. ' 4 XIII. That it is the right of the British subjects in these Colonies to petition the King or either House of Parliament. "Lastly, that it is the indispensable duty of these Colo nies, to the best of sovereigns, to the mother-country, and to themselves, to endeavor, by a loyal and dutiful address to his Majesty and humble applications to both Houses of Parlia ment, to procure the repeal of the Act for Granting and Ap plying Certain Stamp Duties, of all clauses of any other acts of Parliament whereby the jurisdiction of the Admiralty is extended as aforesaid, and of the other late acts for the re striction of American Commerce." The Congress sent addresses to the King and to the House of Commons, which endeavor by argument and persuasion, rather than remonstrance, to induce a repeal of the obnox ious acts of Parliament. Mr. Bancroft has explained that the action of this Congress was signed and approved by delegates from only six Colo nies, the other delegates present not having authority ; and it may be added that Virginia and North Carolina were not represented because their Assemblies were nofc in session. MR. PITT'S SPEECH ON THE STAMP ACT. At the meeting of Parliament in January, 1766, the new administration of the Marquis of Rockingham, which had recently succeeded that of Grenville, exhibited signs of re ceding from the policy of the Stamp Act, and several members spoke in manly strains in behalf of the rights of the Colo nists. Among these was the celebrated William Pitt, after wards Earl of Chatham. His health was very feeble, and for a long time he had not appeared in the House ; but on this occasion he said to his friends : ' * My resolution is taken, and, if I can crawl or be carried, I will deliver my mind and heart upon the state of America." In reply to the argument THE BIRTH OF THE REPUBLIC. 13 of the friends of the Ministry in favor of the right and duty of imposing a tax on America, he said : ' ' I speak not with respect to parties : I stand upon this place single, unsolicited, and unconnected. As to the late Minis try," turning scornfully towards Grenville, " every capital measure they have taken is entirely wrong. To the present Ministry, to those at least whom I have in my eye," look ing at Con way arid the Lords of the Treasury, * ' I have no objection. Their characters are fair. But, pardon me, gen tlemen, youth is the season of credulity ; confidence is a plant of slow growth in an aged bosom. By comparing even^ with each other, reasoning from effects to causes, methinks I discover the traces [referring to the Duke of New Castle] of over-ruling influences. "It is a long time," he continued, " since I have attended in Parliament. When the resolution was taken in the House, to tax America, I was ill in bed. If I could have endured to be carried in my bed, so great was the agitation of my mind for the consequences, I would have solicited some kind hand to have laid me down on this floor, to have borne my testi mony against it. It is now an act that has passed. I would speak with decency of every act of this House, but I must beg indulgence to speak of it with freedom. The subject of this debate is of greater importance than ever engaged the attention of this House, that subject only excepted when nearly a century ago, it was a question whether you yourselves were to be bond or free. The manner in which this affair will be terminated will decide the judgment of posterity on the glory of this kingdom, and the wisdom of its government, during the present reign. "As my health and life are so very infirm and precarious that I may not be able to attend on the day that may be fixed by the House for the consideration of America, I must now, though somewhat unseasonably, leaving the expedi ency of the Stamp Act to another time, speak to a point of infinite moment, I mean, to the right. Some seem to have considered it as a point of honor, and leave all measures of right and wrong to follow a delusion that may lead us to destruction. On a question that may mortally wound the freedom of three millions of brave and virtuous subjects beyond the Atlantic Ocean, being neither really nor virtu ally represented in Westminister, cannot be held legally, or constitutionally, or reasonably subject to obedience to any money bill of this kingdom. The Colonies are equally entitled with yourselves to all the natural rights of mankind and the peculiar privileges of Englishmen; equally bound by the laws ; and equally participative of the Constitution of this free country. The Americans are the sons, not the bas tards, of England ! As subjects, they are entitled to,, the common right of representation, and cannot be bound to pay 14 THE BIRTH OF THE REPUBLIC. taxes without their consent. Taxation is no part of the governing power. The taxes, a voluntary gift and grant of the commons alone. In an American tax, what do we do ? We, your Majesty's commons of Great Britain, give and grant to your Majesty what, our own property ? No. We give and grant to your Majesty; the property of your Majes ty's commons in America. It is an absurdity in terms. " There is an idea in some that the Colonies are virtually represented in this House. They never have been repre sented at all in Parliament; they were not even virtually represented at the time when this law, as captious as it is iniquitous, was passed to deprive them of the most inesti mable of their privileges. I would fain know by whom an American is represented here ! Is he represented by any knight of a shire in any county of this kingdom ? Would to God that respectable representation was augmented to a greater number. Or will you tell him that he is represented by any representative of a borough ? A borough which perhaps no man ever saw. This is what is called the rotten part of the Constitution. It cannot endure the century! If it does not drop, it must be amputated. The idea of a virtual representation of America in this House is the most con temptible that ever entered into the head of a man. It does not deserve a serious refutation. "The commons of America, represented in their several Assemblies, have ever been in the possession of the exercise of this their Constitutional right of giving and granting their own money. They would have been slaves if they had not enjoyed it. " And how is the right of taxing the Colonies internally compatible with that of framing regulations, without num ber, for their trade ? The laws of this kind which Par liament is daily making prove that they form a body sepa rate from Great Britain. While you hold their manufac tures in the most servile restraint, will you add a new tax to deprive them of the last remnants of their liberty ? This would be to plunge them into the most odious slavery, against which their charters should protect them. . . . "I never shall own the justice of taxing America inter nally until she enjoys the right of representation." See American Archives. Mr. Pitt proceeded to claim for Great Britain the right to regulate the external trade of the Colonists, and to prohibit manufacturing a doctrine not at all consistent with the gen erous sentiments above quoted. In reply to Grenville, he again rose, and said : "Sorry I am to hear the liberty of speech in this House imputed as a crime. But the imputation shall not discour age me ; it is a liberty I mean to exercise. No gentleman ought to be afraid to exercise it. It is a liberty by which the THE BIRTH OF THE REPUBLIC. 15 gentleman who calumniates it might and ought to have profited. He ought to have desisted from his project. The gentlemen tells us America is obstinate America is almost in open rebellion. I rejoice that America has resisted. [At the word says Bancroft, the whole House started as though their hands had been joined and an electric spark had darted through them all.] ' ' I rejoice that America has resisted. If its millions of in habitants had submitted, taxes would soon have been laid on Ireland ; and if ever this nation should have a tyrant for its king, six millions of freemen so dead to all the feelings of liberty as voluntarily to submit to be slaves would be fit instruments to make slaves of the rest. . . . /-' The profits of Great Britain, from the trade of the Colo nies, through all its branches, is two millions a year. This is the fund that carried you triumphantly through the last war. The estates that were rented at two thousand pounds a year three -score years ago, are at three thousand pounds at present. You owe this to America. This is the price that America pays you for her protection." THE STAMP ACT. The Stamp Act was approved by commission, the King being ill, on the 22d March, 1765. When the news of its passage arrived in America, it everywhere awakened a spirit of resentment and indignation. The Virginia House of Burgesses was the first legislative body that took notice of it ; and although the resolutions adopted in May are tem perate and cautious, they called forth denunciation of trea son from the Tories against Patrick Henry, their author, and gave to that celebrated orator a splendid opportunity for the display of his wonderful eloquence. But on another page a more full and detailed account is given of the pro ceedings with reference to the Stamp Act, in Virginia. Its title was " An act for granting and applying stamp duties, and other duties, in the British Colonies and Plantations in America." It required that all legal pleadings, whether m the t courts of law or equity, or in the courts of probate or Ad miralty Court, should be written upon a stamped piece of vellum or parchment, or sheet or piece of paper, the stamp varying in cost with the importance or value of the instru ment. All bills of lading, clearances, and such like instru ments, must be on stamped vellum or paper. In a word, all sorts of legal instruments such as deeds, conveyances, wills, bonds, commissions to persons appointed to office, and what ever writing that had any legal character must pay the stamp duty. The act had its origin in the following circular- letter from the English secretary for the Colonies : "Earl of Halifax to his Majesty's Governors in North 16 THE BIRTH OF THE REPUBLIC. America. To his Majesty's Governors in North America and the West Indian Islands : "SIRS: The House of Commons having, in the last ses sion of Parliament, come to a resolution by which it is de clared that, towards defraying the necessary expenses of defending, protecting, and securing the British Colonies and Plantations in America, it may be proper to charge certain stamp duties in the said Colonies and Plantations in America, it is his Majesty's pleasure that you should transmit to me, without delay, a list of all instruments made use of in public transactions,- law proceedings, grants, conveyances, securi ties of land or money, within your government, with proper and sufficient descriptions of the same, in order that, if Par liament should think proper to pursue the intention of the aforesaid resolution, they may thereby be enabled to carry it into execution in the most effectual and least burthensome manner. " If you should be unable, of yourself, to prepare a list of this kind with sufficient accuracy, you will in such case re quire the assistance of his Majesty's Attorney-general, or the principal law officers of the Crown within your government who are the proper persons to be consulted, towards procur ing the said information in the manner required. u lam, etc., "DUNK HALIFAX." " ST. JAMES', llth August, 1764. MASSACHUSETTS. In Massachusetts, the Governor, in his message at the open ing of the Assembly, made no allusion to the Stamp Act, but, says the historian Barry, * ' the House was not daunted, " and, at the instance of Otis, voted at once that it was expedient there should be a " meeting, as soon as convenient, of com mittees from the Houses in the several Colonies, to consult together on their present circumstances, and the difficulties to which they were and must be reduced by the operation of the late acts of Parliament." This meeting was proposed to be held on the first Tuesday of October; and circular-let ters were drawn up to be sent as far south as South Carolina. The opposition of the Governor and of Mr. Hutchinson could not check these proceedings; and they were compelled to ac quiesce in them with the best grace they could. Andrew Oliver, a brother-in-law of Hutchinson, who was then a chief justice, was appointed stamp-distributor for Massachu setts; and immediatly, we are told, "the decree seemed to go forth that Boston should lead the way in the work of compulsion." The accession of William Pitt to office in July was hailed with tumultuous shouts of joy by the " Sons of Liberty," and gave a new impulse to the spirit of THE BIRTH OF THE REPUBLIC. 17 rebellion against the obnoxious law. " It was at once con certed, therefore," says Barry, " to hang in effigy the obnox ious distributor of stamps ; and on the morning of Wednes day, the 14th of August, the inhabitants of the southernly part of the town, as they passed to their business, saw, sus pended from the out-stretched limb of a majestic elm long known as the 'Liberty Tree,' an effigy of Oliver, tricked out with the emblems of Bute and Grenville. The news spread like wildfire ; and thousands collected to gaze on the spectacle. Hutchinson, as the chief justice, ordered the sheriff to remove the images; but the people Interfered. expressing their determination to have them remain until evening. Governor Bernard summoned his Council to meet in the afternoon: but what could they do? A majority was opposed to taking any action ; and the minority was com pelled to submit. u Toward evening the excitement increased; and the images were taken down, placed upon a bier, supported in procession by six men, and followed by an amazing multi tude through the streets to the Town-house. Here the crowd paused directly under the Council-chamber, and shouted, at the top of their voices, ' Liberty, property, and no stamps.' Three cheers were then given ; and the crowd moved on to Kelby Street, to Oliver's Dock, where a building was demol ished, which, it was supposed, had been erected for a stamp office. The fragments of this building were carried to Fort Hill, and a bonfire was made of them in front of Oliver's house, upon which the images were burned. " The spirit of resistance was fully aroused, and the cry of the South was echoed at the North. 4 The Stamp Act shall never be executed here,' was the determination of the peo ple. ' All the power of Great Britian shall not compel us to submit to it. We will die on the place first. We will spend our last blood in the cause. The man who offers a stamped paper to sell will be immediately killed.' It was to no purpose that Hutchinson directed an alarm to be sounded, and the military to be mustered ; for ' the drummers were in the mob.' Nor did his appearance in person, with the sheriff at his heels, cause the crowd to disperse. ' Stand by ' was the watchword ; and the baffled chief justice was compelled to flee. An hour before midnight, the throng repaired to the residence of the Governor, and, after three cheers, quietly dispersed. " The next day (August 15th), a proclamation was issued by the Governor, offering, a reward for the discovery of the of fenders : but no one was disposed to act as informer ; and if any were seized, ' the prisons, ' said May hew, 'would not hold them many hours.' ' We haveTi dismal prospect before us,' said Hutchinson. And he advised that a larger watch should be set at night; but the motion was opposed, and the 18 THE BIRTH OF THE REPUBLIC. ordinary watch was not increased. * If Oliver had been found last night,' said Bernard, ruefully, * he would actually have been murthered.' And Oliver inclined to the same opin ion. It was plainly intimated that, if he did not resign his office before night, his house would have been pulled down about his ears ; and thoroughly convinced that it would be best to yield, he signed a paper expressing his willingness to throw up his commission. This satisfied the crowd, and at night a bonfire celebrated their victory. " For a short time there was quiet. But at length the dis trust of the people fell upon Hutchinson, and, twelve days after Oliver had been hanged in effigy, the crowd assembled to pay him a visit. * He is a prerogative man,' was the gen eral cry. ' He grasps all the important offices in the state. He himself holds four offices, and his relatives six or seven. He had a principal hand in projecting the Stamp Act.' Such outcries wrought upon their inflammable spirits, and pre pared them for deeds of greater violence. Their first act was to enter the office of Mr. Story, the deputy registrar, opposite the north side of the Court-house, and burn the rec ords of the Vice-admiralty Court; next they ravaged the house of Mr. Hallo well, tbe comptroller of the customs, sit uated on Hanover Street ; and then, hastening to the resi dence of Hutchinson, in Gordon Court Street, and barely giv ing his family time to escape, they split open the doors of his palatial mansion, destroyed his furniture, scattered his plate, threw his books and manuscripts into the street, ransacked his wine-cellar, and at daybreak left his house a ruin. "Governor Bernard was at the castle when these events occurred; but hastening to town the next day,he summoned the Council to meet immediately, to decide what should be done. Before that body met, inhabitants of Boston assem bled in Faneuil Hall, and, deprecating the violent proceed ings of the previous night, a series of resolutions was passed, desiring the selectmen to suppress the like disorders in the future, and pledging the assistance of the people in the dis charge of this duty. The Council advised a proclamation offering a reward of three hundred pounds for the detection of the ringleaders and one hundred pounds for other per sons, and six or eight were apprehended ; but the attempt to arrest one Mackintosh, in King Street, was resisted, and those who had been seized were speedily liberated. The popular excitement was such that nothing could be effectu ally done, and the government was shorn of its usual strength. Few even of the conservative citizens sympa thized with the legislation which had awakened this resent ment, and few were disposed to interrupt the course of events. Only so much restraint was therefore exercised as to prevent the passions of the multitude from overleaping THE "BIRTH OF THE REPUBLIC. 19 all bounds, and many rejoiced that the abettors of oppres sion had been signally rebuked." THE STAMP ACT IN NEW HAMPSHIRE. Belknap, in his history of New Hampshire, after briefly recounting the circumstances which led to the passage of the Stamp Act, says : " This direct and violent attack on our dearest privileges at first threw us into a silent gloom ; and we were at a loss how to proceed. To submit, was to rivet the shackles of slavery on ourselves and our posterity ; to revolt, was to rend asunder the most endearing connection, and hazard the resentment of a powerful nation. In this dilemma, the House of Burgesses in Virginia passed some spirited re solves, asserting the rights of their country and denying the claim of parliamentary taxation. The Assembly of Mas sachusetts proposed a congress, of deputies from each Colony, to consult upon our common interests, as had frequently been practised in times of common danger. Several speeches made in Parliament by onposers of the Stamp Act were re printed here; in one of which (that of Col. Barre), the Amer icans were styled 'Sons of Liberty,' and the speaker ven tured, from his personal knowledge of this country, to fore tell our opposition to the act. ' ' The spirit of the two Virginian resolves, like an electric spark, diffused itself instantly and universally; and the cautious proposal of Massachusetts was generally ap proved. . . . "The person appointed distributor of stamps for New Hampshire was George Messerve, son of the late colonel, who died at Louisburg. He received his appointment in England, and soon after embarked for America and arrived at Boston. Before he landed, he was informed of the oppo sition which was making to the act; and that it would be acceptable to the people if he would resign, which he readily did, and they welcomed him on shore. An exhibition of effigies at Portsmouth had prepared the minds of the people there for his reception ; and at his coming to town he made a second resignation, on the parade, before he went to his own house. This was accepted with the usual salutation ; and every one appeared to be satisfied with the success of the popular measures. Soon after, the stamped paper des tined for New Hampshire arrived at Boston in the same vessel with that intended for Massachusetts; but there be ing no person in either province who had any concern with it, it was, by order of Governor Bernard, lodged in the castle. "The Stamp Act was to commence its operation on the first day of November ; previously to which the appointed 20 THE BIRTH OF THE REPUBLIC. Congress was formed at New York, consisting of delegates from the Assemblies of Massachusetts, Rhode Island, Con necticut, New York, New Jersey, the Delaware counties, Maryland, and South Carolina. Having, like the Congress of 1764. formed themselves in geographical order, they framed a bill of rights for the Colonies, in which the sole power of taxation was declared to be in their own Asesmblies. They prepared three distinct addresses, to the King, Lords, and Commons, stating their grievances, and asking for re dress. These were subscribed by the delegates of six Colo nies; the others who were present were not empowered to sign, but reported their proceedings to their constituents, who approved them in assembly, and forwarded their petitions. No delegates went from New Hampshire to this Congress; but the Assembly, at their next meeting, adopted the same measures, and sent similar petitions to England, which they committed to Barlow Trecothick, their agent, and John Wentworth, a young gentlemen of Portsmouth, who was then in England, to be by them presented to the King and Parliament. . . . " On the last day of October (1765) the New Hampshire Gazette appeared with a mourning border. A body of peo ple from the country approached the town of Portsmouth under an apprehension that the stamps would be distributed ; but being met by a number from the town, and assured that no such thing was intended, they quietly returned. The next day the bells tolled, and a funeral procession was made for the Goddess of Liberty ; but on depositing her in the grave, some signs of life were supposed to be discovered, and she was carried off in triumph. By such exhibitions, the spirit of the populace was kept up, though the minds of the most thoughtful persons were filled with anxiety. " It was doubtful whether the courts of law could proceed without stamps ; and it was certain that none could be pro cured. Some licentious persons began to think that debts could not be recovered, and that they might insult their creditors with impunity. On the first appearance of this disorderly spirit, associations were formed at Portsmouth, Exeter, and other places, to support the magistrates and preserve the peace. The 5th of November had always been observed as a day of hilarity, in remembrance of the pow der-plot. On the folio whig night a strong guard was kept in Portsmouth. By these precautions the tendency to riot was seasonably checked, and no waste of property or per sonal insult was committed; though some obnoxious charac ters began to tremble for their safety. "When Messerve arrived, the people supposed that he had brought his commission with him, and were content that it should remain in his hands, being rendered void by his resignation. But in fact, he did not receive it till after THE BIRTH OF THE REPUBLIC. 21 the time fixed for the operation of the act. Having shown his instructions to the Governor, and some other public offi cers, it was suspected that he intended to commence the ex ecution of his office. The Sons of Liberty were alarmed ; (this was January, 1766) ; they assembled by beat of drum, and obliged him publicly to deliver up his commission and instructions, which they mounted on the point of a sword and carried in triumph through the town. An oath was administered to him by Justice Claget, purporting that he would neither directly nor indirectly attempt to execute the office." THE STAMP ACT RHODE ISLAND. Arnold's history of Ehode Island contains the following account of the action of the people of that Province, with reference to the Stamp Act. As has already been stated, the violent action of the Boston people occurred on the 14th and 15th of August, 1765. Those of New Hampshire began on the last day of October. The first public notice taken of the Stamp Act by the peo pie of Rhode Island was at a special town meeting in Prov idence on the 7th August, " at which a committee was ap pointed to draft instructions to their deputies in the Gen eral Assembly. The following week they reported a series of resolutions very similar to those passed in Virginia, which were afterwards adopted by the General Assembly, with some additions, to which we shall presently refer. No overt act of violence occurred in Providence. In Boston, a mob attacked the house of Secretary Oliver, the stamp-dis tributor, and compelled him to resign the office. An extra number of the Providence Gazette, which had been for some time suspended, was issued, with "Vox Populi, Vox Dei" in large letters above the title, and " Where the spirit of the Lord is, there is Liberty. St. Paul" as a motto. In this sheet the spirit of resistance manifested in Boston was extolled ; the instructions of the Providence town meeting to their deputies were published, with extracts from Col. Barre's famous speech in Parliament, and from other Colo nial papers against the Stamp Act. The resignation of Augus tus Johnston, the Attorney-general, who had been appointed stamp-distributor for Rhode Island, was also announced in this extra ; he refusing to execute his office against the will of " our sovereign lord, the people" (to use his own words). After referring to the conduct of the people of Boston, the historian continues: " At Newport, the demonstrations were equally violent. Effigies of three prominent citizens,* who * "Augustus Johnston, Attorney-general of the Colony; Martin Howard, Jr., an eminent lawyer ; and Dr. Thomas Moft'at, a Scotch 22 THE BIRTH OF THE REPUBLIC. had incurred the popular odium by advocating the measures of Parliament, were drawn through the streets, hung on a gallows in front of the Court-house, and in the evening were cut down and burnt in the presence of assembled thousands. On the following day, the houses of these obnoxious persons- were plundered by the mob, and they were compelled to flee for protection on board the Cygnet sloop of war, then lying in the harbor. The revenue officers, in fear for their lives, sought the same refuge and closed the Custom-house. They addressed a letter to the government, demanding protection, and refusing to resume their offices until security was guar anteed to them. In the absence of the Governor, Gideon Wanton, Jr., of the Council, replied, assuring the officers that ah 1 danger was passed, and inviting them to resume their duties. This did not quiet their fears. They demanded a guard for their protection ; and also the arrest of Samuel Grand all, a ringleader of the rioters, who had dictated, as the terms upon which the collector might again set his feet on shore, that the Custom-house fees should be regulated ac cording to the late act of Assembly, in defiance of an act of Parliament; and that a prize sloop, with molasses, under the guns of the Cygnet, awaiting the decision of an Admirality Court at Halifax, should be restored. A daring plan for the capture of this prize was made known to Captain Leslir, of the Cygnet, and by him communicated to Governor Ward. It was intended to man a number of boats and take posses sion of Fort George; then, with the boats, to cut out the sloop, and in case of resistance from the Cygnet, to fire upon her from the fort. Had this attempt been made, either the Cygnet would have been sunk by the guns of the fort, and the ^Revolution have commenced, as it did a few years later in the same waters, or the town would have been destroyed. But better counsels for the time prevailed ; measures were taken to secure the fort, and harmony was shortly restored. The popular feeling was assuaged by a lawful and peaceful demonstration against the Stamp Act, such as had been made in Providence. The deputies were instructed by a town meeting to give their ' utmost attention to those im portant objects the Court of Admirality and the act for laying stamp duties 'at the approaching session of the As sembly. They were reminded that ' It is for liberty that liberty for which our fathers fought ; that liberty which is dearer to a generous mind than life itself that we now con tend. The cause is vast and important.' " On the 16th September, * ' one of the most important ses sions ever held by the General Assembly was now convened physician. The two latter returned to England. Howard was ap pointed chief justice of North Carolina the next year, and Moffat, comptroller of customs at New London. " THE BIRTH OP TEE REPUBLIC. 23 at Greenwich. The Governor was requested to issue a proc lamation for the arrest of the recent rioters at Newport, and to prevent a recurrence of such disturbances." Instructions were prepared by a committee for their guid ance, in which the loyalty of the Assembly to the King and Parliament are declared ; yet ' ' they would assert their rights and privileges with becoming freedom and spirit," and the delegates are directed " to express these sentiments in the strongest manner" in the representation and address pro posed to be made by the Congress to the home government. This committee was composed of Othniel Gorton, Daniel Jenckes, and George Hazzard. Another committee, com posed of Benjamin Green, Job Eandall, William Hall, Moses Brown, and Henry Ward, was appointed to consider what is necessary to be done by this Assembly respecting the Stamp Act; and to report as soon as possible. "They presented a series of six resolutions, which," says Arnold, "like the previous acts of Rhode Island, were more ener getic and concise than any that had yet been adopted by the other Colonies, and pointed directly to an absolution of alle giance to the British Crown unless the grievances were re moved. Five of these were nearly in the terms of the in structions given by the town of Providence to their deputies. The first four had already been passed in Virginia; and the fifth, which had been offered there by Patrick Henry, and passed l}y one vote, but was rescinded the next day, was adopted oy the Providence town meeting, and unanimously passed by the Assembly, as expressing precisely the views they were determined to maintain. This denied the right of any power but the General Assembly to levy taxes upon the Colony, and absolved the people from obedience to any law, designed for that purpose, originating from any other source. To these the Assembly added a sixth, directing the officers of the Colony to proceed as usual in the execution of their trusts, and agreeing to save them harmless in so doing. This was bold legislation, but the temper of the times and the spirit of the Colony were correctly represented therein." See Arnold's History of Rhode Island, vol. 2, pp. 257-261. As it is proposed to include the Henry resolutions in their appropriate place under the head of Virginia, it is needless to insert them here. The sixth resolution adopted by the Rhode Island Assembly on this occasion is as follows: U 6.' That all the officers of this Colony, appointed by the authority thereof, be, and they are hereby, directed to pro ceed in the execution of their respective offices, in the same manner as usual. And that this assembly will indemnify and save harmless all the said officers on account of their conduct agreeable to this resolution." The Charter of Rhode Island authorized the people to choose their Governor ; and this fact will account for the 24 TEE BIRTH OF THE REPUBLIC. statement recorded by Arnold, that "Samuel Ward, the Governor of Rhode Island, stood alone in his patriotic re fusal " to take the oath to sustain the Stamp Act. All the other Governors took the oath the day before the act was to go into effect. ' ' But the people had already settled the question. The fatal day dawned upon a nation united in their determination of resistance. Not a stamp was to be seen. The wheels of every government in America were stopped at once. Commerce was crushed, law was annulled, justice was delaved, even the usages of domestic life were suspended, by this anomalous and terrible act. Not a ship could sail, not a statute could be enforced, not a court could sit, not even a marriage taken place, that was not in itself illegal, so far as the British Parliament could make it so ; for every one of these acts required the evidence of stamped paper to establish its validity. " But, "The triumph over an unjust and unconstitutional act was complete in Rhode Island, where, under the sixth resolution of the September Assembly, the judicial courts held their regular terms, unawed by the feeling which, in the other Colonies, suspended for a time that department of of their several governments." Arnold, pages 264, 265. "Organizations under the name of 'Sons of Liberty,' a term first applied to the Americans by Colonel Barre, in his famous speech against the Stamp Act, had sprung up in all the Colonies; but we believe that to Rhode Island was reserved the peculiar honor of initiating a similar order, composed of the gentler sex, known as k Daughters of Lib erty.' Its origin is ascribed to Dr. Ephraim Bo wen, at whose house eighteen young ladies, belonging to prominent families in Providence, assembled (March 16, 1766) by invitation, and employed the time from sunrise till evening in spinning. They resolved to purchase no more British manufactures unless the Stamp Act should be repealed, and adopted other resolutions, perhaps more patriotic than prudent, to accom plish this desirable end. They were handsomely entertained by the doctor at dinner, but cheerfully agreed to omit tea at the evening meal to render their conduct yet more con sistent. The association rapidly increased in numbers so that their next meeting was held at the Court-house. This was for the purpose of spinning a handsome piece of linen, as a premium for the person who should raise the largest amount of flax during the year in the county of Providence. Thus the spirit of resistance pervaded every portion of so ciety ; and the determination to oppose the >tamp Act, even to ' the destruction of the union' of the Colonies with the mother-country, was declared at a meeting in Providence held at this tim9." Arnold, page 266, vol. 2d. The joy of the people, when news arrived of the repeal of the Stamp Act, was unbounded. In Providence, the anni- THE BIRTH OP THE REPUBLIC. 25 versary of the King's birth was selected as a day of public rejoicing, to attest at once the loyalty of the people and their love of liberty. CONNECTICUT. Connecticut was one of the earliest of the Colonies to protest against the Stamp Act. The press, the town meet ing, and the pulpit united in a chorus of opposition, and roused the people to the point of resistance to its execution. Secret societies were framed with a view to resist the en forcement of the act, by violence, if necessary. Governor Fitch, though he had exerted himself to prevent the passage of the law, " remained, with a portion of the Council, firm in the determination" to sustain it, much as they loathed it. 'Colonel Trumbull," says Hollister, "had been one of -the first to decide upon a different course of action. Governor Fitch at last made the proposition, in open Council, that they should all take the oath in conformity with the Stamp Act. TrumbuH's eye flashed and, his cheek darkened with anger at the proposal. He refused to witness the hollow-hearted ceremony, and, rising indignantly, turned his back upon the Governor and walked out of the chamber, followed by a majority of the assistants. Only four members of the Coun cil remained." The time had now arrived for action. Mr. Ingersoll, hav ing accepted the place of stampmaster, was determined to discharge its duties ; still, he sought to conciliate his fellow- townsmen at New Haven, who for the most part were op posed to the law. ' ' The act is so contrived, " he argued, * ' as to make it for your interest to buy the stamps. When I un dertook the office, I meant a service to you." " Stop adver tising your wares till they arrive safe at market," said one. " The two first letters of his name are those of a traitor of old," shouted a second, and added bitterly, "It was decreed that our Saviour should suffer; but was it better that Judas Iscariot should betray him so that the price of his blood might be saved by his friends V At last the citizens gath ered around his house in great numbers. ' ' Will you resign ?" was the private inquiry they put to him. "I know not if I have the power to resign," answered the resolute man. On the 17th of September (1765), a town meeting was held there, and Ingersoll was called upon by a public vote to resign his office without delay. "I shall await to see how the Gen eral Assembly is inclined," said the stampmaster, evasively. " Affairs began now to assume a very threatening attitude. The Sons of Liberty from Norwich, New London, Wind- ham, Lebanon, and other towns had already taken the field, and, with eight d,ays' provisions, were riding up and down the country eh horse^cfc: to sddycii^him out and force him 26 THE BIRTH OF THE REPUBLIC. to resign. He could no longer stay in New Haven with safety. He therefore set off for Hartford, where the Assem bly was about to meet. He intended to take the advice of the representatives of the people, hoping that it might ba more to his mind than the will of the constituency. Gov ernor Fitch accompanied him to protect him from insult. On their way they were met by two men on horseback, with peeled clubs in their hands, who did not conceal the fact that they were couriers of a much larger company. His ex cellency bade them go back and tell their associates to dis perse. To his astonishment they refused to obey him. ' We look upon this,' said they, 'as the cause of the people ; we will not take directions about it from any one.' Mr. Inger- soll sent a message by them to the effect that he would meet the multitude at Etartford. They then withdrew. " On Thursday evening, the very day on which the session was to begin, Ingersoll resumed his journey for Hartford, alone. He rode through the woods many miles, and passed up the valley of the Connecticut for a good long way with out molestation. What thoughts served to while away the time of this solitary traveller, history does not tell us, and we are at liberty to conjecture, each for himself. He had arrived within two or three miles of Wethersfield when he saw four or five men advancing to meet him. He probably needed little explanation as to the object of their errand. About half a mile farther up the river, he met a second escort, of thirty men; still no violence was offered to him. The stampmaster and his guard rode on with the solemnity and decorum of a funeral procession. But still more con spicuous honors awaited him. He soon saw a cavalcade of about five hundred freeholders and farmers, all well mounted and armed, not with carbines and steel blades, but with long and ponderous clubs. They were ghastly white, too, for the bark had been stripped from every one, in rude imi tation of the ominous baton carried at that day by officers of the peace. This formidable company, under the command of Durkee, rode slowly forward behind two militia officers dressed in full uniform, and inspired by the presence of three trumpeters, who made the woods echo with martial music. They rode two abreast and opened their line to re ceive Mr. Ingersoll with the profoundest courtesy. They then rode forward along the western bank of the Connecti cut, over those fair acres that were then cultivated farms and have since been converted into gardens, until they came to Wethersfield. In the wide main street of this oldest of all the towns in the Colony, the grandsons and great-grand sons of the pioneer planters, who had left the straitened settlements of Massachusetts to enjoy pure liberty and brave meadow-lands, " halted between the two r,ows of houses whose fronts kept their ^entjenianlp jlietjince of twenty full TEE BIRTH OF THE REPUBLIC. 27 rods from each other ; and looking up at the blue vault, as if the open heavens were best fitted to witness the triumph of principles that had descended as legacies to them, they exclaimed significantly, "we cannot all see and hear so well in a house; we had as good have the business done here." "Then they commanded him to resign. * Is it fair,' inter posed Ingersoll, 'that the counties of New London and Windham should dictate to all the rest of the Colony ?' 'It don't signify to parley,' was the answer; 'here are a great many people waiting, and you must resign.' Then ensued in substance the following dialogue between the people and the stampmaster: " Ingersoll 'I wait to know the sense of the Government. Besides, were I to resign, the Governor has power to put in another.' "People 'Here is the sense of the Government; and no man shall exercise your office.' "Ingersoll 'What will follow if I won't resign ?' "People' Your fate.' "Ingersoll (calmly) ' I can die, and perhaps as well now as at any time. I can die but once.' "Durkee (impatiently) 'Don't irritate the people.' "Ingersoll ' I ask for leave to proceed to Hartford.' "Durkee 'You shall not go two rods till you have re signed. " Ingersoll now bethought him of a new expedient to gain time. Under the pretence of reflecting upon the propriety of complying with the demand of the people, he retired into an upper room of a house that was standing near by the spot where this parley had taken place. A committee of the people attended him. Here he contrived to put off the multitude with promises and excuses for three tedious hours, during which he sent a messenger to Hartford to inform the Governor and the Legislature of his situation. At last the crowd began to lose all patience 'Get the matter over before the Assembly has time to do anything about it,' said some ; while others, probing his motives to their depths, ex claimed in their blunt, strong English, 'This delay is his artifice to wheedle the matter along till the Assembly shall get ensnared in it.' The passions of the multitude were now at fever heat. Striding to the door of the house where Ingersoll had retreated, and stalking up the stairs, Durkee again confronted the stampmaster. ' I can keep the people off no longer, ' said he, in a tone of warning. These words were like a death-knell to Ingersoll. He saw the stalwart farmers filling the hall with their dark forms, their white staves gleaming as they pressed upon each other, and their great, bright eyes flashing with indignation. The heavy tramp of others was ascending the stairs. He saw that he must surrender at discretion or be torn in pieces. 28 THE BIRTH OP THE REPUBLIC. " * The cause is not worth dying for,' he said with the cool irony that marked his character, as he set his hand to the formal resignation that had been prepared for him, and of which the following is a copy : " ' WETHERSFIELD, September 19th, 1765. " ' I do hereby promise that I never will receive any stamped papers which may arrive from Europe, in conse- Saence of an act lately passed in the Parliament of Great ritain; nor officiate as stampmaster or distributor of stamps, within the Colony of Connecticut, either directly or indirectly. And I do hereby notify to all the inhabitants of his Majesty's Colony of Connecticut (notwithstanding the said office or trust has been committed to me), not to apply to me, ever after, for any stamped paper: hereby declaring that I do resign the said office and execute these presents of my own free will and accord, without any equivocation or mental reservation. *" In witness whereof I have hereunto set my hand. " * J. INGERSOLL.' " 'Swear to it !' cried the people, when he had written his name. He begged that they would excuse him from taking an oath. 'Then shout liberty and property three times,' said the sovereign crowd. Against this spontaneous form of abjuration he could raise no valid objection. He swung his hat about his head and uttered the charmed words three several times with such well-feigned earnestness that the people set the seal to his repentance by giving three huzzas that must have echoed to the eastern bank of the Connecti cut. "The party now dined in perfect good humor. By this time the company had doubled its numbers, and after dinner one thousand horsemen were ready to attend his triumphant entry into Hartford. The highway was thronged with free holders, standing in front of their houses, to get a fair view of the stampmaster and his retinue." Hollister, in a note, gives an anecdote as illustrative of the good humor that prevailed on the march. "General Humphreys," he says, " mentions a jest that passed between them while the cavalcade was escorting the ex-stampmaster to Hartford which was given and received with entire good nature. Mr. Ingersoll, who chanced to ride a white horse, being asked what he thought to find himself attended by such a retinue, replied ' that he had now a clearer idea than ever he had before conceived of that passage in the Revelations which describes Death on a pale horse, and Hell folio wing him.'" 14 At last," resumes Hollister, "they reached the Capitol. Here Durkee drew up his dragoons four abreast, and, while the trumpeters redoubled their exertions to enliven the THE BIRTH OF THE REPUBLIC. 29 scene, led the main body over the familiar haunts where the train-bands had defied the tyranny of Fletcher, and where the charter had eluded the grasp of Andross. He then ordered them to form around the Court-house in a semicircle. The stampmaster was set in a conspicuous place, and com manded to read his recantation aloud in the hearing of the Assembly and in the presence of the people. He went through the ceremony to the universal satisfaction of the audience ; and after the shout of liberty and property had been again followed by a round of hearty cheers, these lords of the soil, whose ancestors had helped to frame the Consti tution of 1639, returned to their farms to pray for the King and to supplicate heaven that the eyes of the Ministry might be opened to repeal the unhallowed and execrable Stamp Act. " A suspicion having been awakened that, notwithstanding the public resignation, Ingersoll might still undertake the exercise of his office, he made this further public renuncia tion: " ' Whereas, I have lately received two anonymous letters calling on me (among other things) to give the public some further assurance with regard to my intentions about exer cising the office of distributor of stamps for this Colony as some others have done since receiving our commissions or deputations of office for that purpose; and that I confirm the same by oath. And although I don't think it best ordi narily to take notice of such letters, nor yet to take oaths upon such kind of occasions, yet, as I have good reason to think those letters came from a large number of people be longing to this Colony, and do respect a subject of a very interesting nature, and the present times being peculiarly difficult and critical, and I myself at no loss or difficulty about making known my resolutions and intentions respect ing the matters aforesaid I have concluded to make the following declaration, and to confirm the same by an oath ; that is to say : ' " 1. I never was, nor am now, desirous or even willing to hold or exercise the aforesaid office contrary to the mind and inclination of the general body of people in this Colony. k ' '2. I have for some time been, and still am, persuaded that it is the general opinion and sentiment of the people of this Colony (after mature deliberation) that the Stamp Act is an infringement of their rights and dangerous to their liberties ; and therefore I am riot willing, nor will I, for that and other good and sufficient reasons, as I suppose (and which I hope and trust will excuse me to those who ap pointed me), exercise the said office against such general opinion and sentiment of the people ; and, generally, and in a word, will never at all, by myself or otherwise, officiate under my said deputation. And as I have, so I will, in the 30 THE BIRTH OF THE REPUBLIC. most effectual manner I am able, apply to the proper board in England for a dismission from my said office . ' k J. INGERSOLL.' HAVEN, ) Jan. 8, 1766. \ m '"Then personally appeared Jared Ingersoll, Esqr., and made oath to the truth of the foregoing declaration by him subscribed before me. DAVID LYMAN, '"Justice Peace.'" Col. Putnam was one of the principal instigators of these proceedings, but circumstances prevented him from being present. He was deputed, however, to wait on the Gov ernor, Fitch, and express to him the sentiments of the peo ple. The following is the report of their interview : "Governor ' What shall I do if the stamped paper should be sent to me by the King's authority ?' "Putnam 'Lock it up until we [meaning probably the Sons of Liberty] shall visit you again.' "Governor' And what will you do then ?' "Putnam' "We shall expect you to give us the key to the room in which it is deposited ; and if you think fit, in order to screen yourself from blame, you may forewarn us upon our peril not to enter the room.' "Governor 'And what will you do afterwards ?' "Putnam 'Send it safely back again.' "Governor 'But if I should refuse admission ?' "Putnam 'Your house will be levelled with the dust in five minutes '" Thus ended the colloquy. It was soon repeated in New York, and alarmed those agents, who had charge of this contraband property, to such a degree that they did not dare to send their freight into Connecticut." Hollister, vol. II, pages 133-139. In the spring of 1766, some vessels arrived with stamped paper on board, which was deposited in the custom-house at New London. The collector was immediately waited on by the Sons of Liberty, who demanded the obnoxious freight. It was promptly delivered into their hands. A mock court was held ; the stamp paper was arraigned, tried, and found guilty. Sentence of whipping and burning was passed, and the punishment summarily inflicted. NEW YORK. On December 11, 1764, the Lords of Trade made a repre sentation to the King on certain proceedings of Massachusetts and New York. They complain of the resolutions adopted by the Massachusettss Assembly, and also of a letter ot in structions to their agent, which had not the consent and THE BIRTH OF THE REPUBLIC. 31 approbation of the Governor and Council. It is alleged that the letter treated the acts and resolutions of the legislature of Great Britain with "the most indecent disrespect," and that u principles of the most dangerous nature and tendency" were " openly avowed," and that the Assemblies of the other Colonies were invited u in most extraordinary manner to adopt the same opinions. We think it our duty humbly to lay these votes before your Majesty," etc. "We likewise crave leave humbly to lay before your Majesty the copy of an address of the assembly of New York to the Lieutenant-governor of that Province, and of his prudent and becoming answer thereto; in which address the said Assembly avow opinions and make declarations of the same dangerous tendency with those of the Assembly of the Massachusetts Bay. " These proceedings which are, in our judgment, calculated to raise groundless suspicion and distrust in the minds of your Majesty's good subjects in the Colonies, and have the strongest tendency to subvert those principles of constitu tional relation and dependence upon which the Colonies were originally established, contain certain matter of so high importance that we shall not presume to offer any opinion what may be proper to be done thereupon." These resolutions of the Assembly were made with reference to the Stamp Act, and claimed the exclusive right of the Colonies to tax themselves. About the same time an angry controversy arose between the Governor and Council on one side, and the Supreme Court, backed by the bar, on the other, relative to the right of appeal from the Supreme Court to the Governor and Council. The Chief Justice, Horsmanden, refused to grant appeals. Governor Colden regarded this as a matter "of the greatest consequence to his Majesty's authority in this Province, and to the dependence of the Colonies on the Crown of Great Britain." He accordingly wrote a long representation of the case to the Lords of Trade, and ap pealed to them for protection, admitting that the authority of government had become so weakened that he felt no longer safe. This controversy grew out of the ' ' Instructions to his Governor of this Province, whereby the Governor or Commander-in-chief is directed, in all civil causes, on appli cation being made to him for that purpose, to permit and allow of appeals from any of the courts of common law unto the Governor and Council, " etc. These instructions, of course, were in violation of char tered rights and the rights of Englishmen. The Governor, in his letter to Earl Halifax on this subject, admits that he "is no lawyer" in the very act of contending that appeals should be taken from courts "learned in the law" to his jurisdiction. 32 THE BIRTH OF THE REPUBLIC. The Attorney -general, Mr. Kemp, "absolutely refused to advise or assist in the support of his Majesty's instructions," and Justice Livingston is accused of having an interest in the great land patents. The Governor suggests to his Lord ship that the Chief Justice, Justice Livingston, and Attorney- general Kemp be summarily removed from office. But the Lieutenant-governor was not sustained by the Lords of Trade and the King. The instructions were modi fied so as to provide for appeals only in cases of error ; and it was even pretended, while receding from their original ground, that the omission of the restraining words was acci dental. At the same time, by implication, a rebuke was administered to the Lieutenant- go vernor for having con strued his instructions literally. What has been stated in regard to the controversy about appeals is a digression; but it will be excused, as it serves to illustrate the temper and spirit of the people of New York at the perio'd referred to. In a letter dated New York, September 23, 1765, Lieu tenant-governor Golden says: "Soon after it was known that stamp duties were by act of Parliament to be paid in the Colonies, virulent papers were published in the weekly newspapers filled with every falsehood that malice could invent to serve their purpose of exciting the people to diso bedience of the laws, and to sedition. At first they only denied the authority of Parliament to lay internal taxes in the Colonies, but at last they have denied the legislative authority of the Parliament in the Colonies, and these papers continue to be published." The stamp-distributor, Mr. McEwers, was so terrified by the news from Boston of the treatment of Oliver that he resigned the office while the storm was yet brewing and before it broke upon him. In his letter of resignation addressed to Lieutenant-governor Colden, he says: "Since the late riot at Boston and the inflammatory papers lately printed in the Colonies, people of this city are so incensed against me as a distributor of stamps for this Province that I find it will be attended with the greatest risk of my person and fortune to attempt, and indeed impossible for me, to execute the office. To prevent the same cruel fate Mr. Oliver met with at Boston (as I had certain information from several of my particular friends that a storm was rising and I should soon feel it), I have been under the necessity of declaring that I had declined the office, and have accordingly wrote to the commissioners signifying that I cannot submit to a service that will be attended with very dangerous consequences upon the very first attempt to officiate." The date of this letter* is not given, but is en closed in one from Governor Colden to Secretary Conway, of September 23, 1765. THE BIRTH OF THE REPUBLIC. 33 The people of New York were in a very excited frame of mind at this time, and had been for a year past, as appears from the letter of the Lords of Trade, of December llth of the year previous, already quoted ; and it is manifest from Colden's letter that he shared in the fears which drove the stampmaster into resignation. He made his home in Fort George, and as far back as the month of May he represented to the general (Gage), he "could not answer for the safety of his Majesty's fort in its present state from a mob or from the negroes, in consequence of which he ordered a company of the Sixtieth Regiment from Crown Point, which arriveo. in July." A new supply of ammunition and arms was also brought in. * ' It is evident, '' says Golden, ' ' that a secret correspondence has been carried on throughout all the Colonies, and that it has been concerted to deter by violence the distributors of stamps from executing their office, and to destroy the stamped paper when it arrives. " The stamps at length arrived in the ship Edward, and was carefully guarded until it reached the fort, where it was under the protection of its guns and of his Majesty's ships- of-war. After much difficulty and delay, the stamps were removed to the fort. The night after the arrival of the vessel with the stamps, a paper was posted on every public- house and at the corners of the streets, of which the follow ing is a copy : "Pro Patria. "The first man that either distributes or makes use of stamp paper, let him take care of his house, person, and effects. We Dare. Vox POPULI." The following letter from Lieutenant-governor Colden to the Lords of Trade furnishes a pretty clear idea of two sub sequent proceedings of the people of New York in regard to the Stamp Act : ." NEW YORK, 6th Dec., 1765. "MY LORDS: "The deputy secretary informs me that Sir Henry Moore has transmitted to your lordships copies of the minutes of Council which have reference to the riots which lately happened in the city of New York, but, if I mistake not, that the minutes in the beginning of September were omitted. I now inclose a copy of those minutes from a copy which I now have with me at my residence in the country, because without them your lordships' information cannot be complete. * ' From the minutes of Council of the 4th and 7th of Septem ber, it appears that General Gage, as well as myself, was of 34 THE BIRTH OF THE REPUBLIC. opinion that the assistance of the regular troops was neces sary for securing the city from riots and tumults. The daringly seditious papers which the general mentions in his letter, continually published, and which the civil power could not suppress, made this appear necessary to both of us, tho' we yielded to the opinion and advice of the Council. What has happened since shows that the Council erred in their judgment ; for certainly it would have been much easier to prevent the first appearance of any mob, by a force sufficient to deter them, than to suppress riots and mobs without such force. " It is necessary to relate particularly what I afterwards did, that your lordships may judge whether I gave any just occasion for the riots which succeeded. " On the 23d of October, the ship, Edward, William Davis, commander, arrived in the river, with packages of stamped paper and parchments on board. The mob, threatening to destroy the ship and cargo if the stamped paper was not delivered to them, and as these packages were intermixed with other goods in the hold, the master and owner of the ship proposed to me to hire a sloop to take the merchants' goods on board, and to land them till the packages could be come at ; but no sloop would hire at any rate. On which I told the master and owner to go to the wharf and unload as usual, and that I would give directions to the magistrates to secure them from any insult ; but they, answering that they apprehended the ship and cargo would be in danger by so doing, they desired, with the approbation of the merchants who had goods on board, that I should desire the frigate under whose protection the ship was, to assist them in removing the goods till the packages of stamped paper could be come at and put on board the frigate, which was accord ingly done with the apparent satisfaction of all who were interested in the ship and cargo. u The packages were afterwards landed at noon-day from the frigate, and carried into the Fort without any guard, and remained there without any public discontent appearing till the last day of October, when I, in Council, took the oath enjoined by act of Parliament. 4 ' In the night of the 1st of November, a great riot happened, consisting of several thousands of people. A great number of boys carried lighted torches, followed by a scaffold on which was placed two images, one representing their old, gray-haired Governor, and the other the Devil whispering in his ear. They came up close to the fort gate, and, in going from it, broke open my coach-house, took out my chariot, carried it round the streets of the town, with the images, re turned a second time to the fort gate, and then carried the images to an open place about 100 yards from it, where they were hung up some time on a gibbet, afterwards cut down, THE BIRTH OF THE REPUBLIC. 35 and burnt in a fire prepared for the purpose, together with my chariot and some other carriages found in my coach house, and all the furniture of my stables. When the im ages were brought up to the fort, the garrison were on the ramparts. Notwithstanding the grossest ribaldry of the mob, and many stones thrown into the fort, not a single word was returned from any man in it. After they had finished this insult, they went to Major James' house, de stroyed everything in it, without leaving him and his lady more than the clothes on their backs. ' ' The next day letters and messages were sent in to me, threatening my life if I did not deliver up stamped papers. By advice of Council I very readily declared that I would not distribute them ; in truth, it was not in my power to do it but deliver them to Sir Henry Moore when he arrived. This gave satisfaction to great numbers, who in the most open manner declared their satisfaction ; but the principal leaders declared themselves not satisfied, and insisted that the stamped papers should be put on board the Coventry, commanded by Captain Kennedy. This I did not oppose ; but Captain Kennedy absolutely refused to receive them, and with good reason, for he was aware of their design to force him to deliver them to the mob, by threatening to de stroy the houses he was possessed [of] in the city, of which he has in his own and his wife's right more than perhaps any one man in it. * k While these things were transacting, the engineers put the fort into tlie best state of defence and offence. The mob re newed their threats against the fort, and that they would assault it to come at the stamped papers. The men of greatest property, and the magistrates of the city, seeing that, from the posture the fort was then in, the destruction of great part of the city must be the consequence of such an attempt, humbly deprecated to save the city from desolation. At last I consented to deliver up the stamped paper to the mayor and corporation of the city, as appears by the min utes of Council; after which the mob entirely dispersed, and the city remained in perfect tranquillity till I. delivered up the administration to Sir Henry Moore. . .' . " My Lords, your most obd't, &c., [Signed. ] ' ' CADWALLADER COLDEN. " On the 21st December the Governor, Sir Henry Moore, in a letter to Earl Dartmouth, gives a gloomy picture of affairs : " The whole Province is now smarting very severely for the late rash proceedings in regard to the Stamp Act; your Lordship may very well imagine this, upon being informed that all our -courts are shut up, and that no vessel is per mitted to go out of the harbor, so that it is morally impos sible that the people here can subsist any time under such 36 THE BIRTH OF THE REPUBLIC. inconveniences as they have brought on themselves." He was persuaded that " the distresses that must attend the sus pension of the law will facilitate the carrying it into execu tion, more than any attempts I could possibly make in its favor," etc. Both the Governor and Lieutenant-governer bent before the storm a great deal more than they were willing to admit in plain words. We have seen that Golden surrendered the stamps, on the demand of the mob, to the corporate author ities of the city, and that he made a solemn declaration and promise that he would do nothing further towards the en forcement of the Stamp Act until the arrival of Governor Moore, when his powers were to cease. This promise was made only a day or two after his oath was taken before the Council, in obedience to the law, that he would do all in his power to enforce it. For the promise thus given, in the face of his oath, he was severely censured by the secretary, Con- way ; though in other respects his conduct was approved. Governor Moore was as complaisant to the mob as the Lieu tenant-governor had been, which the latter takes pleasure in making known in his correspondence with Con way. He writes, December 13th, while the mob was in the zenith of its power, that Sir Henry Moore, the Governor, " takes every method to ingratiate himself with the people, with what success in allaying the seditious spirit will appear from the public transactions. The fort is dismantled everything which May or James introduced of artillery, stores, and gun powder removed out of it. " Governor Moore,- on the other hand, modestly refrains from stating what he had done to pacify the people ; but contents himself with saying that ' ' My arrival has in some measure restored tranquillity, but you will perceive, by the minutes of the Council^ here inclosed, that I am not to be supported in the execution of the act, and that their (the councillors) apprehensions of future disturbances have in fluenced all the opinions they have given me on this occa sion. In consequence of their resolutions, I am obliged to suspend a power which I am not able to exert without their assistance, and to make a merit of acting in a manner which carries no other recommendation with it but that of not ex posing the weakness of our government. " He further states that the outrages in all parts of the country had frightened the stampmasters into resignation, and that it would be difficult to supply their places. In a letter dated January 14, 1766, Colden writes to Con- way as follows : " The design of the present ruling faction in this Province is to make me an example, to deter all succeeding Governors and officers of the Crown from opposing their domination. I have already informed you, sir, that this faction is com- THE BIRTH OF THE REPUBLIC. 37 posed of the lawyers and men of enormous landed estates, who have obtained an absolute influence in the Assembly. In the last act for granting salaries to the officers of govern ment, the Assembly have deprived me of my salary from the time the preceding, act expired to the time Sir Henry Moore arrived, which, at the rate the Governor's salary is fixed by the last act, amounts to four hundred pounds in the currency of this Province," etc. Destruction of Stamps. January 16, 1766, Governor Moore writes to Secretary Con- way, as follows : " The >day before I had the honor of your letter of the 24th October, a vessel arrived here from England, having on board some stamped papers for this Province and Connecti cut, which in the following night, were forcibly taken out of the ship and destroyed. This proceeding, so contrary to what I had reason to expect," etc. The Governor admits that he was powerless to punish or prevent the disorders. The foregoing account of the action of the people of New York with reference to the Stamp Act has been derived from the valuable historical collection entitled "Documents Relating to the Colonial History of the State of New York." It will be seen that the authorities were all adverse to the rights of the people. But after a successful revolution, the allegations and arraignments made by the discomfited minions of despotism became records and monuments of the courage and patriotism of the accused. NEW JERSEY. The following account of the action of New Jersey with reference to the Stamp Act is taken from a discourse read before the New Jersey Historical Society, in the year 1848, by Richard S. Field, Esq. ' Though styled a discourse, it is a book in proportions, with an appendix, as it appears, beau tifully printed, in the collections of the New Jersey Histori cal Society; the subject being, "The Provincial Courts of New Jersey, with Sketches of the Bench and Bar:" "New Jersey shared with her sister-Colonies in the indignation and alarm which was occasioned by the passage of the Stamp Act ; and nowhere did it encounter a more vig orous though peaceful resistance. The lawyers of New Jersey were the first to adopt measures for systematic oppo sition to the use of stamps. At the September term of the Supreme Court, 1765, a meeting of the bar was held at Amboy for the purpose of considering what step it would be proper to pursue upon the arrival of the stamps, which were 38 THE BIRTH OF THE REPUBLIC. then shortly expected. There was a full and general attend ance ; and after a free interchange of sentiment, it was unan imously resolved that they would not consent to make use of the stamps under any circumstances or for any purpose whatever. The effect of such a resolution was to put an entire stop to the transaction of all legal business, and thus render the odious act wholly unproductive as a source of revenue. It was the most efficient measure, therefore, that could have been adopted, and the more creditable to them as they were likely to be the principal sufferers by it. Their wise and patriotic example was much applauded at the time, and was soon followed in other Colonies ; but, like every thing else of interest and importance connected with New Jersey, *it hardly receives a passing notice on the page of American history. The truth is, Massachusetts and Vir ginia seem to have monopolized, in a great measure, all the glory of the Revolution. "On the 20th of September, the day after this meeting, Chief Justice Smyth desired the members of the bar to at tend him in a body, that he might lay before them some matters for their consideration. A report had been in circu lation that he had solicited the appointment of distributor of stamps. This he denied upon his honor. After setting himself right on that point, he proceeded to propose to them certain questions, to which he desired a separate answer from each. "The first was: 'Whether, if the stamps should arrive and be placed at the city of Burlington, by or after the 1st of November, they would, as practitioners, agree to purchase them for their necessary legal proceedings ?' To this they answered, ' that they would not, but rather suffer their pri vate interests to give way to the public good, protesting against all riotous proceedings,' "The next question was: 'Whether, in their opinion, the duties could possibly be paid in gold and silver ?' [It was about this time that an order from the board of trade required the payment of all duties in gold and silver.] " They answered, ' that they could not be paid in gold and silver, even for one year.' ' ' The last question was : ' Whether, as the act required the Governor and Chief Justice to superintend the distribution of stamps, he would be obliged to accept the appointment of distributor in case the Governor should fix upon him for that office ?' Their answer was, ' that the Governor was not empowered by the act to appoint ; that if he was, it was left to the option of the Chief Justice whether to accept or noc; and that it would be incompatible with his office as Chief Justice.' "The Chief Justice seems to have been entirely satisfied with these answers, and to have acted upon the advice thus THE BIRTH OF THE REPUBLIC. 39 given him. In fact, before the arrival of the day on which the act was to take effect, every distributor of stamps in America had resigned. The effect of these proceedings was to produce a complete cessation of all legal business. The stamps arrived, but no one would purchase them. The courts of justice were shut up. "But this state of things could not last long. The people were becoming impatient of its continuance, and tired of mere passive resistance. Associations had sprung up in nearly all the Colonies under the titles of 'Sons of Liberty,' who were in favor of setting the provisions of the act 'at open defiance. Efforts were made to induce the lawyers of New Jersey to transact business without the use of stamps. Another meeting of the bar was proposed. Heretofore, all had been done in perfect harmony. There had not been a single dissenting voice. But now, the line began for the first time to be drawn, between those who thought they had gone far enough^ and those who were willing to go further. We have a letter from David Ogden to Philip Kearney, in which he declares himself opposed to another meeting of the bar, and expresses the hope that they would continue to pursue the peaceful method they had adopted, until the Stamp Act was repealed. "The meeting nevertheless took place. It was held at New Brunswick on the 13th of February, 1766. The Sons of Liberty to the number of several hundred took care to be present at the same time, and united in a written request to the members of the bar, urging them to proceed to busi ness as usual without stamps, and to use their influence to have the courts of justice opened. The meeting, while they agreed to preserve that happy state of tranquillity which had thus far been maintained in the Province, at the same time resolved that, if the Stamp Act was not repealed by the first day of April following, they would resume their practice as usual. And they appointed a committee of two to wait upon the Sons of Liberty and assure them that, if the act was not suspended or repealed, they would join them in opposing it with their lives and fortunes. " These were bold and spirited resolutions. Even in Mas sachusettsgenerally in advance of the Colonies the most patriotic of the lawyers deemed it impossible to conduct ju dicial business in open disregard of an act of Parliament, however uniust or tyrannical it might be ; and nothing but a resolution or the Assembly emboldened them to venture upon such a step. . . . "Before the arrival of the day, however, named in the resolutions of the bar of New Jersey, the Stamp Act was re pealed, and all further proceedings upon their part became unnecessary." From the Index to Colonial Documents, it appears that 40 THE BIRTH OF THE REPUBLIC. William Coxe, stamp-distributor, tendered his resignation of the office, Sept. 3, 1765 ; and that the Sons of Liberty of Woodbridge and Piscatoway ' 'were particularly prominent in inducing " his resignation. September 4th, Governor Frank lin replied that as he (Coxe) ' * made application for the office, " he ought to hold onto it, and would be held responsible for the papers. September 14th, Governor Franklin writes to General Gage, informing him of the resignation of the stamp- distributor, and asking him if he could have the aid of the military if he should find it necessary to call on him. September 16th, Gage replies that the Governor may de pend on one hundred men, with proper officers, ready to march to New Jersey, on his requisition, to preserve good order in the Province. Governor Franklin wrote the British Secretary of State, Con way, October 10th, that it would be difficult to find a man to take the place of Coxe, as stamp-distributor, and, Novem ber 13, that the people of New Jersey would be 'sure to fol low the seditious example set in other Colonies in resistance to the Stamp Act. He also refers to the agreement entered into by the lawyers ; and states, at the preceding term of the supreme court, only criminal matters were attended to. November 30th, Governor Franklin wrote Con way that the infection was spreading, with regard to the Stamp Act, and had reached New Jersey. No riots had been committed, but the most prudent management was necessary to prevent them. The New Jersey Assembly had refused to send delegates to the general Congress at New York to protest against the Stamp Act ; but December 9th, the committee of correspond ence of the Assembly transmitted copies of the petitions to the King and the two Houses of Parliament, agreed to by the Congress in New York. The Assembly also approved the proceedings of the Congress. December 18th, Governor Franklin, in a letter to the board of trade, says that, notwithstanding the Assembly refused to send a committee of delegates to the Congress at New York, the Speaker (Robert Ogden) ' ' summoned the House to oblige the people of east Jersey, and prevailed upon them to choose three; but refusing to be one of the committee, he was burned in effigy in almost all the towns of East Jersey, which induced him to resign his seat in the Assembly ; the minutes of Council and Assembly contain particulars of the Assembly's further proceedings ; the Stamp Act has not been yet carried into execution the officers dare not do it for fear of being torn to pieces by the mob ; the stamps are still on board the man-of-war; the business is at a stand still." March 1, 1766, Con way sent a circular-letter to the sev eral Governors in North America could give no advice THE BIHTEC Off TEE REPUBLIC}. 41 how to act in the perplexed state of things; a bill had been brought into Parliament, and had made some progress, for the repeal of the Stamp Act. March 31st, Conway, writes another circular-letter an nouncing the repeal of the act. This ended the controversy on the Stamp Act. PENNSYLVANIA. The following account of the reception which the Stamp Act met with in Pennsylvania is taken from Hazzard's Eegister, which credits it to the publication known as " Prior Documents. " The act was passed by the British Parliament, as has already been stated, in March, 1765 ; and the General Assembly of Pennsylvania which met in Philadelphia in September adopted the following resolutions : ' ' The House, taking into consideration that an act of Par liament has lately passed in England, for imposing certain stamp duties and other duties on his Majesty's subjects in Amerca, whereby they conceive some of their most essential and valuable rights, as British subjects, to be deeply affected, think it a duty they owe to themselves and their posterity to come to the following resolutions, viz. : " Eesolved, N. C. D., That the Assemblies of this Province have, from time to time, whenever requisitions have been made by his Majesty for carrying on military operations for the defence of America, most cheerfully and liberally con tributed their full proportion of men and money for these services. "Eesolved, N. C. D., That whenever his Majesty's service shall, for the future, require the aids of the inhabitants of this Province, and they shall be called upon for that purpose in a constitutional way, it will be their indispensable duty most cheerfully and liberally to grant to his Majesty their proportion of men and money for the defence, security, and other public services of the British North American Colo nies. "Eesolved, N. C. D., That the inhabitants of this Province are entitled to all the rights and privileges of his Majesty's subjects in Great Britain or elsewhere ; and that the constitu tion of Government in this Province is founded on the natu ral rights of mankind, and the noble principles of English liberty, and therefore is or ought to be perfectly free. "Eesolved, N. C. D., That it is the inherent birthright and indubitable privilege of every British subject to be taxed only by his own consent, or that of his legal representatives, in conjunction with his Majesty or his substitutes. " Eesolved, N. C. D., That the only legal representatives of the inhabitants of this Province are the persons they annu ally elect to serve as members of Assembly. 42 THE BIRTH OF THE REPUBLIC. "Resolved, N, C. D., That the taxation of the people of this Province by any other persons whatsoever than such their representatives in Assembly is unconstitutional and subversive of their most valuable rights. "Resolved, N. C. D., That the laying taxes upon the in habitants of this Province in any other manner being man ifestly subversive of public liberty, must, of necessary con sequence, be utterly destructive of public happiness. " Resolved, N. C. D., That the vesting an authority in the Courts of Admiralty to decide in suits relating to the stamp duties and other matters foreign to their proper jurisdic tion is highly dangerous to the liberties of his Majesty's American subjects, contrary to Magna Charta, the great charter and fountain of English liberty, and destructive of one of their most darling and acknowledged rights that of trials by juries. 1 ' Resolved, N. C. D. , That it is the opinion of this House that the restraints imposed by several acts of Parliament on the trade of this Province, at a time when the people labor under an enormous load of debt, must of necessity be at tended with the most fatal consequences, not only to this Province, but to the trade of the mother-country. " Resolved, N. C. D., That this House think it their duty thus firmly to assert, with modesty and decency, their in herent rights, that their posterity may learn and know, that it was not with their consent and acquiescence, that any taxes should be levied on them on them by any persons but their own representatives; and are desirous that these their resolves should remain on their minutes as a testimony of the zeal and ardent desire of the present House of Assembly to preserve their inestimable rights, which, as Englishmen, they have possessed ever since this Province was settled, and to transmit them to their latest posterity." On the 5th of October, the stamps arrived at Philadelphia, the ship which brought them having laid some time at New Castle-upon Delaware, under protection of a man-of-war. When the ship first appeared round Gloucester Point, all tha vessels in the harbor hoisted their colors half-staff high, the bells were muffled and continued to toll until evening, and every countenance added to the appearance of sincere mourning. At four in the afternoon several thousands of citizens met at the State House to consult on proper meas ures to prevent the execution of the Stamp Act. It was agreed to send a deputation of seven persons to Mr. Hughes, the. stampmaster for that Province (who was then sick in bed), to request he would resign his office. He readily de clared that no act of his should assist the carrying of that law into execution till it was generally complied with in the other Colonies, but refused to sign any resignation. When this report was made by the deputies to the State House, the TEE BIRTH OF THE REPUBLIC!. 43 citizens were enraged to that degree that it is hard to say what lengths their fury would have carried them had not the deputies represented Mr. Hughes at the point of death ; this moved their compassion, and they agreed to make their demand in writing and give Mr. Hughes till the Monday following to make a reply. And on Monday the deputies read the following answer aloud to all the multitude assembled : "PHILADELPHIA, Monday morning, October 7, 1765. "Whereas, about six o'clock on Saturday evening last a paper was sent to me, expressing that a great number of cit izens of Philadelphia assembled at the State House, to de mand of Mr. John Hughes, distributor of stamps for Penn sylvania, that he will give them assurance, under his hand, that he will not execute that office, and expect that he will give them a fair, candid, and direct answer by Monday next at ten o'clock, when he will be waited on for that pur pose, " I do therefore return for answer to those gentlemen and all their associates, that I have not hitherto taken anv step tending to put the late act of Parliament into execution in this Province, and that I will not, either by myself or my deputies, do any act or thing that shall have the least ten dency to put the said act into execution in this Province until the said act shall be put into execution generally in the neighboring Colonies ; and this I am determined to abide by. "And whereas, my commission includes the three coun ties of New Castle, Kent, and Sussex-upon-Delaware, I do therefore hereby voluntarily inform the good people of those counties that no act of mine shall, either directly or indi rectly, involve them in any difficulties with respect to the said Stamp Act before the same shall take place generally in the neighboring Colonies. "JOHN HUGHES." A week later, Mr. Hughes gave to the commissioners of stamps a long account of his troubles, in which he attributes the disturbances to the " Presbyterians and the proprietary party." His letter is as follows : , " PHILADELPHIA, October 12, 1765. "GENTLEMEN: Having been confined to my bed twenty- five days past, with a violent disorder that was expected would prove mortal, but, thank God, am now able to sit up in bed, I shall attempt to give you a sketch of not only my own conduct, but also that of the Presbyterians and propri etary party here relative to the stamp office. " In May last, I received information from Dr. Franklin that he had recommended me for chief distributor of stamps in this Province ; and thus the matter rested until some gentleman to the eastward mecived their commissions, 44 TEE BIRTH OF TUE REPUBLIC. whereupon mobs arose in several of the Eastern Provinces and the officers were obliged to resign ; but as a prelude to the destruction and disorder made by those mobs, the print ers in each Colony, almost without exception, stuffed their papers weekly, for some time before, with the most inflam matory pieces they could procure, and excluded everything that tended to cool the minds of the people. These measures they pursued until the Presbyterians, in particular, in every Colony, began to threaten the Stamp officers; and those gentry in their Province, about the beginning of September, began to be very noisy, and some of them said I ought to resign. I gave them for answer, I had as yet no commission, therefore could not resign what I had not. However, about the middle of September, it was reported that the stamps would arrive in Captain Friend's ship, who was then ex pected, and these riotous gentry began to threaten they would destroy the stamps as soon as they arrived. I there fore, being desirous, as far as in me lay, to preserve the stamps, wrote on the 17th the letter (No. 1) to his Honor the Governor, but received no answer ; and as the stamps did not arrive in Captain Friend's vessel, matters rested un til October 2d, when I received the paper (No. 2), being a note from Captain William Dovel ; a tool of the party, and therefore I wrote my answer (No. 3) to Mr. Dickenson, the owner of the ship, and on the next day wrote my letter (No. 4) to his Honor the Governor, but received no answer ; and here mat ters rested until Saturday, the 5th of October, when I re ceived information, that the ship with the stamps was come up to the town that day, and that a mob would be collected by beating muffled drums through the streets and ringing the State House and church bells muffled, which was ac cordingly done all the afternoon, but at two o'clock the post arrived with the mail and packet, and, among other things, my commission. This the party ventured to allege because there was a large packet for me ; accordingly the mob col lected, chiefly Presbyterians and proprietary emissaries, with the Chief Justice's (Mr. William Allen) son at their head, animating and encouraging the lower class. "About three o'clock the following persons, viz.: James Tilghman, Esq. ; attorney at law, Messrs. Robert Morris, Charles Thompson, Archibald M'Call, John Cox, William Richards, merchants; and Mr. William Bradford, printer, came to me, on a deputation from a great number collected at the State House, to request my resignation. I answered, it is true, I now have my commission, but as two gentlemen are bound for my performance in the sum of 5000 pounds, I could not resign unless I indemnify my bail. Altercation on this subject took up nearly an hour (low as I was); and at last they said, nil that was expected of me was that I would not put the act in -y" ^ition in the Province until his THE BIRTH OF THE REPUBLIC. 45 Majesty's further pleasure was known, or until the act should be put in execution in the neighboring Colonies. To this I thought proper to signify some disposition to comply, because I had many informations by my friends that the mob intended to proceed to the last extremities if I did not resign. Upon this the deputation withdrew to consult their associates, and at six o'clock I received the paper (No. 5), being a peremptory demand ; there the matter rested until Sunday morning, when, having recovered my spirits a little from the fatigue of that long altercation aforesaid, I looked over the paper, and found it more positive than what had been mentioned the day before, and therefore sent for Mr. Charles Thompson, one of the deputation, and asked him if they were sincere the day before; . . . because, I ob served, the paper sent me did not agree with the proposition made to me. He said he was sincere and could only answer for himself. I replied : Well, gentlemen, you must look to yourselves; for this is a high affair. He made answer thus: I do not know, but I hope it will not be deemed rebellion. Indeed, sir, I know no other name for it. Well, says he, I know not how it may end, for we have not yet determined whether we will ever suffer the act to take place here or not ; and took his leave. On Monday morning at ten o'clock, the whole deputation came, and I offered them the paper (No. 6) ; and after some consultation among themselves, they ob jected to their names being inserted. I said : Why, sure, gentlemen, you have not done a thing you are ashamed to own ? Not in the least, they said ; but there was no necessity for their names being inserted, nor would they receive that resignation. Whereupon I said to Mr. Tilghman: Come, sir, take the pen and please yourself, for I see you are determined to be arbitrary. He then took the pen and formed the paper (No. 7) ; and when it was transcribed, I asked them what they intended to do with the stamps, as they assumed the supreme power in the Province.. They then looked at one another for a while, and seemed somewhat confused ; but, at last, Mr. Tilghman replied : We did not come here prepared to speak to that head. Then another replied : Let Mr. Hughes take care of them. I answered : Gentlemen, that cannot be, as you have now fixed matters; for were I to take the stamps into my care, I should have your party come about my house and pull it down and destroy both me and them. Well, says another, let the Governor take care of them. An other then says : Perhaps the Governor will call upon Mr. Hughes to put the act into execution ; and when he declines, the Governor perhaps will appoint an officer, and the act may take place. Here a general pause ensued ; but at last one and all cried out : Let us see who will dare put the act in execution ; upon the Governor's appointment we will take care of that. By this time the paper (No. 7) was transcribed ; 46 THE BIRTH OF THE REPUBLIC. and. after I had signed it, they went away to proclaim it to their friends. And the next day I wrote the letter (No. 8) to the Governor, and received the under- written verbal answer by my son." The letter to the Governor here referred to, makes inquiry in regard to the stamps, that he may report to the stamp commissioners. The verbal answer of the Governor was simply this : ' ' Let Mr. Hughes know the stamps are on board the man-of-war." Hughes intimates very broadly, in his correspondence with the commissioners and others, that the Governor, from some cause, evaded his sworn duty; and that he might have quelled the mob. There was evidently no good under standing between these British functionaries ; and each was ready to throw the blame, of failing to enforce the law, upon the other. Both Hughes of Pennsylvania and Ingersoll of Connecticut claimed that they had been appointed stamp-distributors on the recommendation of Dr. Franklin. It is proper to state, therefore, that that distinguished patriot was the agent of the Colonies, resident in London; and if called on by \\\Q gov ernment to designate persons to fill those places, he could not, consistently with his position, refuse to do so, much as he detested, and earnestly as he had opposed, the passage of the act. No doubt the serious illness of Hughes saved him from a rough handling by the mob. It is evident that he made the most of his illness ; and it is probable, from what took place, that he would have surrendered at the first summous if he had been pressed with vigor. DELAWARE. There is little to be said, under the separate head of Dela ware, in regard to the enforcement of the Stamp Act. The stamp-distributor appointed for Pennsylvania was also au thorized to act in that capacity for the " lower counties on the Delaware" (by which designation the Colony was known), New Castle, Kent, and Sussex. And in his agreement to suspend operations until the King should be heard from, or until the act should be enforced in the neighboring Colonies, he stipulated to observe the same rule as to Delaware. MARYLAND. " There was no Colony of English America," says McMa- hon, in his History of Maryland, "in which the claim of the inhabitants to exemption from all taxation not sanctioned by their assent was more familiar than in Maryland. It was one of the fundamental principles of their proprietary THE BIRTH OF THE REPUBLIC. 47 government, incorporated with it by law in its very infancy ; and it was constantly extended bv its Assembly, even to every act of the proprietary administration, the indirect consequence of which was taxation. The vigilance with which its Assemblies guarded this right, and their constant assertion of it against everything which even indirectly tended to its infringement, gave to it the character of an indisputable privilege. . . . u In investigating the history of this act, much talent has been employed, and much time and research have been ex pended, in determining to which of the Colonies belongs the high honor of having given the first impulse to Colonial re sistance. If such attaches peculiarly to any one of the Colo nies, the effort to establish its claim is worthy of all re search. To have been the advance guard of liberty in the first great effort which opened the way to the establishment of the first Kepublic upon earth, is enough for immortality ; and generous rivalry will accord it where it is due. Yet it may well be questioned whether such merit can be properly ascribed to any man or any Colony. Such pretensions must assume, as the foundation of the claim, the origination either of the principles of the opposition, or by the de termination to resist, or of the means of resistance. . . . Speeches, resolves, addresses, essays, had brought the public mind to contemplate all the consequences of the proposed measure; and the spirit of resistance was already up, in the formidable shape of combinations. However suppressed that spirit might seem, and ready to submit, when there remained no alternative but open rebellion against the act, the ' master-spirits' in the Colonies knew full well that its rest was but the couching of the lion, and its silence the portentous silence that precedes the storm. Such were Henry of Virginia, and Otis of Massachusetts in the two great Colonies whose movements against the Stamp Act stand first in order and importance upon the page of history. They touched the cord of public feeling, already tremblingly alive ; and they knew its response. Their Colonies went in advance of the others in the expression of these sentiments through their Assembles ; but by the early convention of the latter, after the passage of the act, accident cast upon them the first opportunity of taking the lead in opposition to it. They sounded the first notes of defiance ; but these were soon echoed back by Colonies as ready, energetic, and determined in resistance as they. "It is. not our purpose nor our wish to say aught in de rogation of the high claims of those patriotic Colonies, to be cherished in our remembrance as the foremost champions of Colonial liberty. Their honor is reflected upon us; and the virtues and noble bearing of their distinguished sons adorn our common history. To have been found firm and 48 THE BIRTH OF THE REPUBLIC. faithful by their side 'is enough for honor.' Yet in the histories of the Colonial transactions connected with the Stamp Act, the course of Maryland seems to have been little known or understood, and she has been thrown into the rear of the other Colonies, as if she had been by them stimulated to and led on in opposition. Yet her transac tions prove that she wanted no teacher, either to instruct in her rights or to prompt them to preserve them ; and they exhibit a character and unanimity of opposition that is without a parallel in the history of any Colony. "Circumstances of the moment over which she had no control prevented this Colony from expressing through, her Assembly, her opposition to this measure, not only before the act passed but also for a long period after its passage. The power to convene the Assembly resided wholly with the Gov ernor; and upon the prorogation of it in November, 1763, its session was postponed, by repeated prorogations, until Sep tember, 1765. The Assembly was thus disabled from declar ing its decided hostility to the measure at an earlier period ; but its eagerness in the common cause is displayed, not only by the spirited and unanimous declaration then made, but still more forcibly by its remonstrance to the Governor for his de- lay'in convening it at a period when its members were desir ous to unite with their brethren in the other Colonies, in the protection of their common liberties. Their message is the best commentary upon the subject : * We are truly concerned [say they in this message, 13th December, 1765] ' that the duty we owe t9 our constituents lays us under the indis pensable necessity of observing that every power lodged in the hands of government is there intrusted by the Consti tution, to be exercised for the common good. To this end hath your Excellency, as Supreme Magistrate, the power of convening and proroguing, which, we need not remark, ac cording to the bill of rights, confirmed at the happy Revolu tion, ought, for redress of all grievances, and for amending, strengthening, and preserving the laws, to be held frequently. The unhappy prevalence of the smallpox, from the month of March to that of September last, rendered a convention of Assembly within that time impracticable ; but we are ignor ant of any reasons that could occasion the long interval from November, 1763, to last March ; within which time, circum stances of a peculiar nature required a meeting of Assembly, which was prevented by prorogation. . . . Previously to this, and at the first moment of their assemblage in Septem ber. 1765, they had passed resolves against the Stamp Act, and had deputed commissioners to the general Congress. And this remonstrance is here adverted to only for the pur pose of attesting that the same spirit which characterized their first Assembly proceedings after the passage of the THE BIRTH OF THE REPUBLIC. 49 Stamp Act, had prevailed in the Colony from the first mo ment the tax was proposed. "There were, however, other indications of public feeling which went, in advance of all the Assembly transanctions, to demonstrate the general detestation of the measure by the people of Maryland. They had amongst them that admira ble reflector of public sentiment, an established and well- regulated press, in the paper then conducted by Mr. Jonas Green, of Annapolis, under the name of The Maryland Gazette It was established t in the year 1745, and has ever since been conducted by his descendants under that name. Venerable for its antiquity, in which, it is believed, it out ranks every existing paper in the United States, it is rendered still more so by its devotion to the cause of liberty, from the very origin of our struggle for emancipation. Yet nourish ing in the hands of his descendants, and sustained by his worth, it has been truly an 'evergreen.' . . . The inti mation of the Ministry's intention to tax the Colonies was first communicated in its number of 17th May, 1764; and from that period the tenor of its publications continually indicated its hostility to the measure. Its number of the 18th April, 1765, announced the intention to suspend its pub lication if the .melancholy and alarming accounts which had just been received, of the probable passage of the Stamp Act should prove true. Its actual passage was communi cated in terms of the highest indignation; and from that period the columns of this paper were continually crowded with publications illustrative of the rights of the Colonies, and of the necessity of resistance. The operation of the act having commenced, the paper of the 10th October, 1765 was put into mourning, with the expressive motto : ' The Mary land Gazette expiring in the hopes of a resurrection. ' And its publication was shortly afterwards actually suspended until the 10th of December following, when it was revived with the avowal ' that it should be, as it had been, sacred to liberty, and consequently to virtue, religion, and the good and welfare of its country. ' These details, connected, as they are, with the history of the times, cannot be uninteresting; and they are due to one whose efforts and influence as an auxiliary in the cause of liberty were widely felt and highly estimated. His paper was a rara avis in that day a govern ment paper warring on the side of the people. "The English Ministry displayed some policy in the selec tion of residents of the Colonies as officers to carry the Stamp Act into effect; but their selection proved, in the sequel, to be a decree of expatriation to those who accepted the appointment. It was peculiarly so to the person ap pointed as stamp-distributor in Maryland. Zachariah Hood, the person alluded to, was a native of Maryland, and, at one period, a resident merchant of: Annapolis, More of his his- 50 THE BIRTH OF THE REPUBLIC. tory we know not; and if the limit of the maxim be just, 'Nil de mortuis nisi bonum,' we should wish to know no more. His whole history may be summed up in one sen- te,nce * He was a willing instrument in the hands of tyran nical Ministry, for the oppression of the people among whom he was born and lived.' His appointment was announced in a letter from London to a gentleman of Annapolis, pub lished about the period of his arrival. * Among the many other promotions of officers in the Colonies, [it remarks] we are credibly informed that Z h H d, late a sojourn ing merchant of the city of Annapolis, but at present Z h H d, Esq., of St. James', has, for his many eminent services to his King and country during the late war, got the commission of distributor of the stamps in that Province. This gentleman's conduct is highly approved of here, by all court-cringing politicians, since he is supposed to have wisely considered that, if his country must be stamped, the blow would be easier borne from a native, than a for eigner who might not be acquainted with their manners and institutions.' "Coming under such auspices and with such purposes, his arrival at Annapolis was welcomed with those marks of distinction which it was so customary to confer upon the stamp-distributors of that day; but, fortunately for him, they were bestowed upon his effigy." The following is the account of his reception published in Green's Gazette of August 29, 1765 : " Monday morning last, a considerable number of people, assertors of British- American privileges, met here to show their detestation of, and abhorrence to, some late tremen dous attacks on liberty, and their dislike to a certain late-ar rived officer, a native of this Province. They curiously dressed np the figure of a man, which they placed on a one- horse cart, malefactor-like, with some sheets of his paper in his hands before his face. In this manner they proceeded through the streets of town till noon, the bells at the same time tolling a solemn knell, when they proceeded to the hill; and after giving it the Mosaic law at the whipping-post, placed it in the pillory, from whence they took it and hung it to a gibbet erected for that purpose, and then set fire to a tar-barrel underneath, till it fell into the barrel. By the many significant nods of the head while in the cart, it may be said to have gone off very penitently." The historian resumes : "The news of his arrival soon spread through the Prov ince; and his patriotism was honored in the same significant manner at Baltimore, Elk Ridge, Fredericktown, and other places. The character of these proceedings must not be misunderstood. They were not the heedless and ungovern able movements of tumultuous spirits, nor the wanton out- THE BIRTH OF THE REPUBLIC. 61 rages of men without character. They sprung from the just and settled indignation of a whole people. They were conducted with calmness and publicity, and were promoted by men of the highest talents and character. They were not mere personal indignities offered to the unworthy instru ment of the Crown, but acts of deliberate and open defiance, intended to manifest, in a manner not to be misunderstood, their determined, opposition to the Stamp Act, and their abhorrence of all who lent themselves to its enforcement. Amongst those who were prominent in the proceedings at Annapolis, was the distinguished Samuel Chase, whose en ergies quickened all that he touched, and whose abilities illustrated all that he examined. . . . "Hood wanted the firmness even to attempt the execu tion of the office which he had solicited ; and the public in dignation which had been lavished upon his effigy at length taking a direction towards his person, he secretly absconded from the Province early in September, 1765, and never paused in his flight until he had reached New York and had taken refuge under the cannon of Fort St. George. He was the first and last stamp distributor of Maryland," In a note; the author gives this further account of the stamp-distributor : "Hood's flight was insufficient to save him from the common fate of the stamp distributors a resignation by compulsion. He only escaped from the resentment of one Colony to be arrested by the sisterly indignation of another. Having taken up his residence on Long Island, he soon at tracted the attention of the people, and the liberals at once determined (to use their own language) that, as he had by flight deprived the people of Maryland of that justice which they had a right to demand the resignation of an office cal culated to enslave them, they would take the affair into their own hands, and either compel him to resign, or send him back to Maryland as a fugitive from justice. "A party of volunteers accordingly assembled on the 28th of November, 1765, and surrounded the house on Long Island in which he was concealed. Escape was impossible, and poor Hood was hooded. He now threw himself upon their sympathies, and represented himself as one rather to be pitied than to be punished. His appeals to mercy were all unavailing ; and his next attempt was at a compromise. He now desired that his word of honor might be received in lieu of his oath; and that the right might be reserved to him to hold his office if hereafter his countrymen should desire it. He was answered that, the people of Maryland having an absolute right to freedom, he must absolutely and uncon ditionally renounce an office which gave him power to en slave them ; and that, if this were not done, he should be delivered into the hands of an exasperated multitude, and 52 THE BIRTH OF THE REPUBLIC. carried back to Maryland, with labels upon him signifying his office and designs. Resistance was hopeless, and Hood yielded. As soon as his abjuration was signed, he was ac companied by upwards of one hundred gentlemen from Flushing to Jamaica, where it was regularly sworn to, and he was discharged. Like the similar abjurations of that day, it left no room for equivocation or mental reservation, and abounded with apologies and excuses utterly at vari ance with the feelings of the individual, and only serving to render him contemptible and harmless." As has been stated, the General Assembly of Maryland, which met on the 23d of September, promptly appointed delegates to attend the General Congress, which was to meet in New York in October following. Strange to say, the Governor and Council concurred in this measure and in an appropriation to pay the expenses of the delegates: "I. Resolved unanimously, That the first adventurers and settlers of this Province of Maryland brought with them, and transmitted to their posterity, and all other his Majesty's subjects since inhabiting in this Province, all the liberties, privileges, franchises, and immunities that at any time have been held, enjoyed, and possessed by the people of Great Britain. ''II. Resolved unanimously, That it was granted by Magna Charta, and other the good laws and statutes of England, and confirmed by the petition and bill of rights, that the subject should not be compelled to contribute to any tax, talliage, aid, or other like charges not set by com mon consent of Parliament." Here follow extracts from the charter granted by Charles I. to Lord Baltimore, in exposition of which the Assembly further resolved, viz. : "IV. Resolved, That it is the unanimous opinion of this House that the said charter is declaratory of the constitu tional rights and privileges of the freemen of this Province. "V. Resolved unanimously, That trials by juries are the grand bulwarks of liberty, the undoubted birthright of every Englishman, and consequently of every British subject in America ; and that the erecting other jurisdictions for the trial of matters of fact is unconstitutional, and renders the subject insecure in his liberty and property. " VI. Resolved, That it is the unanimous opinion of this House that it cannot, with anjr truth or propriety, be said that the freemen of this Province of Maryland are repre sented in the British Parliament. ** VII. Resolved unanimously, That his Majesty's liege people of this ancient Province have always enjoyed the right of being governed by laws to which they themselves have consented, in the articles of taxes and internal polity; and that the same hath never been forfeited, or any other THE BIRTH OF THE REPUBLIC. 53 way yielded up, but hath been constantly recognized by the King and people of Great Britain. " VIII. Resolved, That it is the unanimous opinion of this House that the representatives of the freemen of this Prov ince, in their legislative capacity, together with the other part of the legislature, have the sole right to lay taxes and impositions on the inhabitants of this Province, or their property and effects ; and that the laying, imposing, levying, or collecting any tax on or from the inhabitants of Mary land, under color of any other authority, is unconstitutional and a direct violation of the rights of the freemen of this Province." VIRGINIA. Mr. Wirt, in his life of Patrick Henry, gives a brilliant account of the case of the people against the parsons, at Hanover Court, in which the matchless eloquence of the " forest-born orator" achieved a triumph in favor of popular rights at the expense of law. It was a question of paying the tithes in the usual way, at the rate of 1500 pounds of tobacco, for each clergyman, or in money, at a fixed price. A great rise had taken place in the market value of the article ; and in consequence, in 1758, the Colonial Assembly had passed an act for compounding the tithes at about two pence per pound, the old price, whereas the article was now worth two or three times as much. But the royal assent to this act of the Assembly having been refused, and it having been annulled, it of course had no force; and as the law stood, the parsons were entitled to receive the 1500 pounds of tobacco instead of the price in money. But -in the face of this state of things, Henry induced the jury to give the clergy sixpence damages, his argument being that the people of the Colonies had the sole right to make laws for their government. This was in 1764- In regard to the Stamp Act, Mr. Wirt says : "This same year, 1764, is memorable for the origination of the great question which led finally to the independence of the United States. It has been said by a gentleman at least as well qualified to judge as any other now alive (Mr. Jefferson), that ' Mr. Henry certainly gave the first impulse to the ball of the Revolution.' In order to show the correct ness of this position, it is proper to ascertain the precise point to which the controversy with Great Britain had advanced when Mr. Henry first presented himself in the character of a statesman. "In March, 1764, the British Parliament had passed reso lutions preparatory to the levying a revenue on the Colonies by a stamp tax. These resolutions were communicated to the House of Burgesses of Virginia, through their committee 54 THE BIRTH OF THE of correspondence, by the colonial agent, and, having been maturely considered, resulted in the appointment of a special committee to prepare an address to the King, a memorial to the Lords, and a remonstrance to the House of Commons. On the 18th of December, 1764, these papers were reported and (after various amendments, which con siderably diluted their spirit) received the concurrence of the Council. The reader will perceive on perusing them that, while they affirm, in clear and strong terms, the con stitutional exemption of the Colony from taxation by the British Parliament, they breathe, nevertheless, a tone so suppliant, and exhibit such a picture of anticipated suffering from the pressure of the tax on the exhausted resources of the Colony, as to indicate that no opposition beyond remon strance was at this time meditated. " Patrick Henry entered the Virginia House of Burgesses on the 20th day of May, 1765. Having waited in vain some time for some of the older members to take the lead in oppo sition to the Stamp Act, he, although within three days of the close of the session, introduced his celebrated resolutions. Mr. Wirt says: " I will not withhold from the reader a note of this transaction from the pen of Mr. Henry himself. It is a curiosity, and highly worthy of preservation. After his death, there was found among his papers one sealed and thus indorsed: 'Inclosed are the resolutions of the Virginia Assembly in 1765 concerning the Stamp Act. Let my exec utors open this paper.' Within was found the following copy of the resolutions in Mr. Henry's handwriting: ' ' Resolved, That the first adventurers and settlers of this his Majesty's Colony and dominion, brought with them and transmitted to their posterity and all other his Majesty's subjects since inhabiting in this his Majesty's said Colony, all the privileges, franchises, and immunities that have at any time been held, enjoyed, and possessed by the people of Great Britain. " 'Resolved, That by two royal charters granted by King James the First, the Colonists aforesaid are declared entitled to all the privileges, liberties, and immunities of denizens and natural-born subjects to all intents and purposes as if they had been abiding and born within the realm of England. ' ' Resolved, That the taxation of the people by themselves, or by persons chosen by themselves to represent them, who can only know what taxes the people are able to bear, and the easiest mode of raising them, and are equally affected by such taxes themselves, is the distinguishing characteristic of British freedom, and without which the ancient Constitu tion cannot subsist. "'Resolved, That his Majesty's liege people of this most ancient Colony have uninterruptedly enjoyed the right of being thus governed by their own Assembly in the article of THE BIRTH OF Tim REPUBLIC. 55 their taxes and internal polity; and the same hath never been forfeited or any other way given up, but hath been constantly recognized by the King and people of Great Britain. ' ' ' Resolved, That the General Assembly of this Colony have the sole ri^ht and power to levy taxes and impositions upon the inhabitants of this Colony ; and that every attempt to vest such power in any person or persons whatsoever other than the General Assembly aforesaid has a manifest ten dency to destroy British as well as American freedom.' " On the back of the paper containing these resolutions is the following indorsement, which is also in the handwriting of Mr. Henry himself: "The within resolutions in May, 1765. They formed the first opposition to the Stamp Act and the scheme of taxing America by the British Parliament. " Mr. Henry left town for home on the day that the resolu tions were adopted the last of the series by a majority of one vote ; and the next day, the opposite party, taking ad vantage of his absence, voted to expunge the last resolution from the journals. Burke, in his History of Virginia, gives six resolutions with a preamble ; but Mr. Wirt expresses the confident opinion, in which he is sustained by Mr. Jefferson and by Mr. Paul Carrington, both of whom were present, that Burke's version, taken from "Prior Documents," is not genuine. He also regards the speech which Burke puts into the mouth of Henry as spurious. However this may be, the speech, at any rate, is very fine, and worthy of Henry's genius. It was on this occasion that Henry " entered into an historical enumeration of those examples of successful resistance to oppression which rendered glorious the annals of Rome and England, and concluded with this dreadful warning, which, connected with its subsequent fulfilment, seemed like the inspiration of prophecy:" 'Caesar,' said he, 'had his Brutus, Charles his Cromwell, and [pausing] George the Third ' (here a cry of ' ' Treason ! treason !" was heard, supposed to issue from the chair ; but with admirable presence of mind he proceeded) ' may profit by their examples. Sir, if this be treason, make the most of it." The following account of the disposition made of the stamp-distributor of Virginia is from Martin's History of North Carolina. Burke, the historian of Virginia, seems to have overlooked the affair entirely : * ' On the last week of October [says Martin] George Mercer, distributor of stamps for the Province of Virginia, landed at Hampton. He met with some rude treatment from the mob, who, by the interposition of some influential gentlemen, were prevailed on to disperse without any ill consequences following. When he arrived in Williamsburg, as he was walking towards the capitol, on his way to the 56 THE BIRTH OF THE REPUBLIC. Governor's, he was accosted by a number of gentlemen from different parts of the Province (the General Court being then sitting), who insisted on his immediately satisfying the company, which was constantly increasing, whether he in tended to enter on the duties of his office. Seeing himself completely surrounded, he answered that any reply he might then make would be attributed to fear, and begged to be allowed to wait 011 the Governor and Council in order to obtain correct information of the sentiments of the Colony, and afterwards meet his countrymen and give them an answer. This seemed to give satisfaction, and he was ac companied to the coffee-house where the Governor, most of the Council, and a great number of other gentlemen were assembled. The crowd in the mean while increased, and, growing impatient, insisted upon a more speedy and satis factory answer, declaring they would not disperse till it was obtained; upon which, George Mercer, coming forward and promising a categorical answer by five o'clock the next evening, he met with no further molestation. " At the time appointed, he was met at the capital by a vast concourse of people, among whom were the principal merchants in the Colony, when a committee chosen for the purpose informed him he was then to look upon himself as in the presence of the Colony, and demanded the answer he had on the preceding day promised them. He then addressed the meeting in a speech of considerable length, and concluded he would have been glad to have had it in his power to have acted in such a manner as would have justified him to his friends and countrymen in the Province, and to the persons from whom he derived his appointment ; but the time allowed to him was so short that he had not been able to discover that happy medium. He therefore entreated the gentlemen present to be referred to his future conduct, with" his assur ance that he would not, directly or indirectly, by himself or his deputies, proceed in the execution of the act until he re ceived further orders from England, and not then without the assent of the General Assembly of the Province. This declaration gave so general a satisfaction that he was imme diately borne out of the capitol gate amid the acclamations of all persons present, and carried to the coffee-house, where an elegant entertainment was provided. On his arrival, the acclamations redoubled, drums beat, French horns and other musical instruments sounding. At night, the bells were set a-ringing, and the whole town illuminated." NORTH CAROLINA. The following account of the reception which the Stamp Act met with in North Carolina is taken from Martin's His- THE BIRTH OF THE REPUBLIC!. 67 tory of the State. As has been stated in another place, the Lieutenant-governor, in anticipation of what the action of the Assembly would be, judging from the tone of public feeling, prorogued that body from the 18th of May, until the 30th of November, 1765, and again till March 12, 1766. The Colony was thus precluded from participating, by its delegates, in the General Congress, which was first proposed by Massachusets in June, and which met in New York in October. But this strategy did not prevent the people from giving expressions to their sentiments, nor, when the stamps arrived, from making a summary disposition of them. Mar tin says that, "Meetings of the inhabitants of the towns of Edenton, Newbern, and Wilmington were called, and, in each, resolu tions were entered [into] expressing their utter abhorrence of the late measures of the British Parliament and a hearty concurrence with the sentiments expressed by the inhabi tants of the Northern Provinces. " In the Province of North Carolina, the people at all their public meetings manifested their high approbation of the proceedings of the inhabitants of the other Provinces ; and Lieutenant-governor Tryon, judging from the temper of the people that it would be unsafe and dangerous to allow them the opportunity of expressing their feelings by allowing a session of the legislative body in these days of ferment, on the 25th of October issued his proclamation to prorogue the General Assembly, which was to have met on the 30th of November, till the 12th of March, assigning, as a reason for this step, that there appeared to be no immediate neces sity for their meeting at that time. " Early in the year [1766], the sloop-of-war the Diligence arrived in the Cape Fear, having on board the stamp paper destined for the use of the Province; and on the 6th of Jan uary, the Governor issued a proclamation announcing this circumstance and calling on all persons, authorized to act as distributors of the stamps, to make application therefor to the commander of the sloop. But on the first notice of the ap proach of this vessel, Colonel John Ashe, of the County of New Hanover, and Colonel Waddell of the County of Bruns wick, having embodied the militia of those counties, marched at the bead of them to the town of Brunswick, be fore which she was anchored, and notified the commander of their determination to resist the landing of the stamps. It was judged best not to make the attempt. A party was left to watch the motions of the sloop, and the rest of the small army marched to the town of Wilmington, carrying with them one of her boats. Having fixed a mast in her with a flag, they hoisted her on a cart and drove triumphantly 58 THE BIRTH OF THE REPUBLIC. through the streets, the inhabitants all joining in the pro cession; at night the town was illuminated. On the next day a great concourse of people, headed by Colonel Ashe, proceeded to the Governor's house and demanded to speak with James Houston, one of the Council, who had been ap pointed stampmaster for the Province. The Governor at first declared his intention not to allow it unless Houston would come willingly ; but the people threatened to set fire to the house, and proceeded to make preparations therefor. The Governor desired the colonel to step in and talk with the stampmaster, who, finding that he could not act in his office without rendering himself obnoxious to the people, voluntarily accompanied the colonel to the street, and, fol lowed by a great concourse of people, proceeded to the mar ket-place, where he took a solemn oath not to proceed on the duties of his office. On which the people gave three cheers and conducted him back to the Governor's." In this opposition to the Stamp Act, the people of North Carolina were simply acting in harmony with universal sen timent of the other Colonists. But another grievance of a local character was productive of far more serious conse quences, and was attended with immeasurably greater op pression than would have followed the enforcement of the Stamp Act. The Regulation War. There are not many persons outside of North Carolina who are aware that the people of that Colony rebelled against the corrupt tyranny of the Colonial Government, and fought a battle in defence of their rights as early as May, 1771. The Colonial Governments were all what in modern phrase would be styled u Carpet-bag" governments. The high offi cers, without exception, were either sent over from England or selected by the Crown with reference to their unquestion ing devotion or obedience to the appointing power. Some of them turned out to be men of honor and character ; but the role was that they were corrupt, profligate, and tyran nicalthe willing instruments of an arbitrary King and Parliament. Even the best of them were as scrupulous in maintaining and advancing the Colonial policy of the Tory Government of Great Britain as they were in administering tjie laws. Whoever from whatever cause has "despaired of the Eepublic," and begun to regret the separation from the mother- country as a mistake of our ancestors, would do well to study carefully the Colonial history of the several States. He will not fail to find that whether in the New England, or in the Middle, or in the Southern Colonies, there was the same indifference manifested by the British author ities to the rights and welfare of the Colonies; the same Parliamentary and royal interference, not for the good of THE BIRTH OF THE HEPUBLIC. 59 the Colonists, but for the profit of British proprietors of lib eral grants of Colonial lands ; of British merchants trading with America ; and of British profligates sent out here to enrich themselves by the maladministration of American affairs. The case againt the mother-country is no less strong than it was so eloquently stated by Colonel Barre, in the House of Commons in 1766. When Charles Townsend, the Chancellor of the Exchequer, asked the question, " Will our American children, planted by our care, nourished by our indulgence, and protected by our arms, grudge to contribute their mite to relieve us from our burdens?" Barre indig nantly replied : * * They planted by your care ! No, your op pressions planted them in America. They fled from your tyranny to an uncultivated, inhospitable country; where they exposed themselves to almost every hardship, and to the cruelties of the savage foe. They nourished by your in dulgence 1 They grew by your neglect ; your care for them was to send persons to rule them : deputies of deputies to some members of this House sent to spy out their liberties, to misrepresent their actions, and to prey upon them. They protected by your arms ! They have nobly taken up arms in your defence. Amidst their constant and laborious in dustry, they have defended a country whose frontiers were drenched in blood, while its interior settlements yielded all their little savings to your emoluments." It is not creditable to the earlier historians of North Car olina, Williamson and Martin, that they belittle the griev ances of the people which led to the revolt of the Regula tors, and take sides with their oppressors. But later writ ers, without exception, after more thorough investigation, regard the maladministration of the Colonial Government as fully justifying the attempts of the people to reform it. The nature of this misgovernment was mainly though not entirely administrative. It consisted in the corrupt and tyrannical conduct of the county officers, the clerks and registers of courts, the sheriffs and their deputies, and the justices of peace, who, following the example of England, were empowered to hold courts of pleas and quarter-ses sions for the several counties, in addition to their ordinary duties as conservators of the peace. The judges of the supe rior courts even, were charged with taking sides with the administrative officers, while the bar was charged with ex tortion, and the exaction of illegal fees. This unhappy state of things existed to a greater or less degree, in nearly all the middle and upper countries, in which the class of yeo manry was most numerous, and where there were few of the wealthy and educated gentry, In the lower counties, where the latter class gave tone to society, official and petti- foging knavery could not have been successfully practised, but the ignorant and humble class of farmers who inhabited 60 THE BIRTH OF THE REPUBLIC. the bill country were long the helpless though not uncom plaining victims of the sharpers, until forbearance ceased to be a virtue. The result was that combinations were formed for their mutual protection, first by petition and re monstrance, and at length by forcible resistance of the ille gal demands upon them. These combinations were sponta neous in the several counties, without concert between the inhabitants cf differen t localities. Indeed, similar grievances existed in other Colonies about the same time ; and partic ularly in New Jersey and Maryland. In the former at least, the people made violent resistance to their knavish oppressors. It is unfortunate that Governor Tryon had the influence and address to enlist in his support on this occasion the leading gentleman of the low country, especially those about Wilmington the very men who had been foremost in the nullification of the Stamp Act, and who were afterwards among the foremost Whig patriots of the Colony during the Revolution. The consequence was that perhaps a majority of those who had struggled and fought for Colonial rights from 1767 to 1771 became Tories and took up arms for the Crown. As has been explained above, the Regulators were for the most part plain, uneducated farmers. There were exceptions to this rule, however ; and among them General Thomas Person, of Granville, who was a distinguished patriot of the Revolution. If he had been joined by the gentlemen of the low country who took the other side, there can be little doubt that the Regulators would" have succceeded in repressing their grievances without bloodshed; and that Tryon would have taken sides with the people, instead of that of their oppressors. The leader in the organized opposition and resistance to the extortions of the officials was Herman Husbands, a Penn- sylvanian by] birth, and a disciple of Fox and Penn by educa tion. His residence was in Randolph County. His literary ac quirements were very limited, as is apparent from his mea gre ani unsatisfactory history of the Regulation; but there is abundant evidence that he possessed a sound, shrewd un derstanding ; while his reputation among his neighbors was that of an honest man. His religious principles naturally inclined him to peace, but the manifold irritations and op pressions he endured, coupled with an aptitude and taste for popular leadership, gradually seduced him into the use of carnal weapons." Their quarrel, tbe people said, was not with the form of Government nor with the laws ; but with the conduct of the inferior officers, in administering them. This was the statement of the Granville people, quoted by Husbands, and adopted for those of Orange. The attorneys, it was alleged, exacted twice the amount of the tax fees in the most insignificant cases: and if any litiga- THE BIRTH OF THE REPUBLIC. 61 tion or contest arose in a case, the fees demanded equalled the value of the claim. The clerks of court multiplied and ran up bills of fees many times greater than the laws al lowed; the sheriffs did likewise, and poor men standing alone had no redress. Hence the combinations, for the pur pose of remonstrating with the officers, and, that failing, pe titioning the Governor. Even these invaluable privileges were denied, and meetings of the people held for such pur poses were declared to be seditious. The people complained that the taxes were exorbitantly high. The Colonists were poor; money was extremely scarce ; and in that day, the facilities for transportation over rough natural roads to distant markets were primitive. It was under such circumstances that Try on induced the As sembly to appropriate fifteen thousand pounds sterling (equal to seventy -five thousand dollars) for the erection of a Governor's house, or palace, as it was styled, at Newbern. This "palace" was at the time said, to be the most stately residence in America a fact of itself which characterizes the man, and the class to which he belonged, as recklessly indif ferent to the welfare of the people over whom he was sent to rule without their consent. This extravagant style of expenditure, in connection with the embezzlement of county and colonial funds, and the extortion of the officials, was well calculated to awaken a spirit of disaffection among the people. - Repeated attempts were made to obtain redress by indict ing the clerks and other officers who had been guilty of ex tortion; and when they were found guilty in form by packed juries, the damage assessed was sixpence. At length the people, in their exasperation, began forcibly to resist the enforcement of legal process, and to release their friends from the hands of the sheriffs. They also demanded an exhibit from the collectors of taxes, of their accounts and of the laws under which they acted. Large public meetings were held for this purpose, from which deputations were sent to the officers, asking an explanation on these points. No definite or satisfactory answer could be obtained ; and after repeated efforts of this nature, there was an agreement to refuse the payment of taxes. Arrests and rescues fol lowed ; and armed collisions with the authorities, amounting to war, was the result. Try on raised a force of several hundred men in the spring of 1771, and marched to the Enoe, near Hillsborough, in Orange County. On the way to that point he received rein forcements from various quarters. The regulators, mus tered by the activity of Husbands, are computed at not less than two thousand, without discipline, without organization even. One half of this rabble was poorly armed and equipped, with only a round or two of ammunition. There 62 THE BIRTH OF THE REPUBLIC. was skirmishing for a day or two, with varied success. But on the 15th of May, the two parties approached within a few miles of each other, near the Alamance Creek, in what is now a county of that name, but then in the southwest part of Orange. There was no stomach for the fight on either side; and the first day was spent in parleying. On the 16th the two forces met face to face; and then it was not without difficulty that Try on, having summoned the rebels to sur render, and being answered with defiance, could induce his troops to fire on the mob. He succeeded at length, however, and a fight of some hours ensued. Tryon's force was organ ized into companies and battalions, well armed, and in some degree disciplined. He had also the advantage of having nearly all the best-trained officers in the Province on his side; while the regulators had no officer higher than the grade of captain who had ever seen service, and only two of these. A triumph of the government forces was a mat ter of course, with a loss of nine killed and sixty wounded, against a loss by the regulators of twenty killed and a num ber wound. The mob of regulators took to flight. Only about a dozen were made prisoners, of whom seven were executed one of them a religious maniac. This was Cap tain Few, who was, on Tryon's order, without a trial, hung on a tree on the evening of the battle. The murder of this unfortunate man was followed in a few days by the trial of the other prisoners by a court of oyer and terminer, all of whom were condemned to death for high treason, and six of them executed. Thus ended the war of the Eegulation. It was a genuine struggle for liberty, and deserves to have a place among the events in the history of British rule in America, which led to the Revolution. SOUTH CAROLINA. Rumors of the arrival of the stamp paper having reached Charleston, the Assembly of the Colony addressed a letter to Lieutenant-governor Bull, inquiring if such were the fact; and if he were authorized to put the law in force. He re plied in the affirmative, and that he received the act, and the power under it, from the Governor of the Province, Boone, who was then on a visit to England. The Assembly, in re ply, took exception to the channel through which the law came to the Province, the Governor when abroad, they held, having no more authority than a private citizen. The Assembly came to the following resolutions on the subject : ''Resolved, That his Majesty's subjects in Carolina owe the same allegiance to the Crown of Great Britain that is due from his subjects there. That his Majesty's liege sub- THE BIRTH OF THE REPUBLIC. 63 jects of this Province are entitled to all the inherent rights and liberties of his natural born subjects within the king dom of Great Britain. That the inhabitants of this Province appear also to be confirmed in all the rights aforementioned, not only by their charter, but by an act of Parliament, 13th George II. That it is inseparably essential to the freedom of a people, and the undoubted right of Englishmen, that no taxes be imposed on them but w ith their own consent. That the people of this Province are not, and from their local circumstances cannot be, represented in the House of Com mons in Great Britain ; and, further, that, in the opinion of this House, the several powers of legislation in Ameriea were constituted in some measure upon the apprehension of this impracticability. That the only representatives of the people of this Province are persons chosen therein by them selves; and that no taxes ever have been or can be consti tutionally imposed on them but by the legislature of this Province. That all supplies to the Crown being free gifts of the people, it is unreasonable, and inconsistent with the spirit of the British Constitution, for the people of Great Britain to grant to his Majesty the property of the people of this Province. That an act of Parliament entitled an ' Act for Granting and Applying Certain Stamp Duties on the Brit ish Colonies and Plantations in America,' etc., by imposing taxes on the inhabitants of this Province, and the said act, and several other acts, by extending the jurisdiction of the Courts of Admiralty beyond its ancient limits, have a man ifest tendency to subvert the rights and liberties of this Province. That the duties imposed by several late acts of Parliament on the people of this Province will be extremely burdensome and grievous, and, from the scarcity of gold and silver, the payment of them absolutely impracticable. That, as the profits of the trade of the people of this Prov ince ultimately centre in Great Britain, to pay for the man ufactures they are obliged to take from thence they event ually contribute very largely to all the supplies granted to the Crown, etc." " Having thus expressed their sentiments," says Drayton, u the commons House of Assembly appointed Thomas Lynch, Christopher Gadsden, and John Eutledge, a com mittee to meet the committee from other Provinces at New- York, in October following. . . . "While these matters were carrying on, the stamped pa pers arrived in the various seaports of the Colonies, and greatly excited the feelings of the people. At this time a sloop of -war had arrived in Charleston harbor, with a por tion of them, casting anchor under the coyer of the cannon of Fort Johnson ; and a meeting of the citizens was effected to devise means for preventing the landing of the same. The garrison of Fort Johnson was known to consist only of 64 THE BIRTH OF THE REPUBLIC. a commandant, a gunner, and twelve or fourteen privates; and Lloyd, the commandant, mostly resided in Charleston; hence the command and care of the fort frequently devolved on the gunner. These things being considered, the meeting thought proper to appoint a committee for further purposes, and Daniel Cannon, William Williamson, Edward Weyman, and others were nominated members of the same ; who, un derstanding sufficiently the motives of their appointment and the wishes of the meeting, entered zealously on their duties respecting the matters they had in charge. " "VVhether the government was informed of these meas ures is not ascertained ; but the public ferment was known to be so great, it was deemed advisable not to bring the stamped papers up to Charleston, but to land them at Fort Johnson. The committee soon received information of this proceeding; and a private meeting of confidential citi zens being called, it was resolved, the committee be author ized to obtain the stamped paper so deposited at the fort, and, to furnish the means of doing so, that a body of volun teers should be selected and procured by them with the ut most promptness and success. Accordingly, about one hun dred and fifty volunteers were soon organized and armed for the purpose; and two nights after, boats being provided at Lam boll's Bridge, on the West and South Bay, they formed and marched towards that place for embarkation. From thence, they proceeded in boats across Ashley River; and landed at twelve o'clock at night, on James' Island, between Styles' plantation and the fort. . They then proceeded towards the fort ; and halting at a small distance from it, a reconnoitering party was sent forward. This party pro ceeded to the drawbridge unnoticed or unchallenged by sentries, and, finding it down, through the omission of the garrison, they immediately returned and reported the same. The whole body of volunteers then advanced upon the fort; and arriving at the bridge, they crossed it without opposi tion, pressed through the main gate, which was not secured, and immediately possessed themselves of the fort. Only one soldier was found awake ; and before he could give the alarm, the remainder of the garrison was secured except' Governor Lloyd, [the commander was so called,] who had not slept there that night. The garrison were then placed under guard, the bridge was drawn up, and a search com menced for the obnoxious stamped paper. This, to the great joy of the volunteers, was at length found in one of the rooms of the barracks, and a guard was placed over it. Preparations were then made for maintaining the fort against any attack which might be made upon it by the sloop-of-war when daylight should arrive; and for this purpose the cannon on the platforms were loaded with ball and grape-shot; matches were prepared, and a number of THE BIRTH OF THE REPUBLIC. 65 men were stationed at each gun ; and a flag showing a blue field with three white crescents, which the volunteers had brought with them for the purpose, was hoisted on the flag staff of the fort. When daylight appeared, the crescent banner waved gayly on the wind, and soon attracted the at tention of the sloop-of-war. A boat was then despatched from her to ascertain the cause of so unusual a display, and persons were sent from the fort to meet the boat at the land ing-place, where, on the landing of the British officer, he in quired the meaning of the flag; on which he was invited into the fort, and was told he would then be informed. At first he appeared doubtful whether he should proceed ; but on being assured protection, and that he would be allowed to return to his boat, he accepted of the invitation. On his arrival in the fort, he was taken along the platforms, where he found each gun manned and loaded, and the fort pre pared for action ; he was also shown the late garrison under a guard as prisoners. When the impression had been made upon him which was intended, he was told it was the fixed determination of the volunteers to proceed to burn all the stamped paper which they had seized unless the commanding officer would pledge his honor immediately to receive it on board and forthwith depart with it. It was further intimat ed to him, that if the sloop should fire on the fort, they were resolved to repel force by force; and to these matters an answer was requested from the sloop-of-war as soon as pos sible. The officer then took his leave, and returned in the boat. In two hours he returned with the boats of the sloop, saying his commander would receive the stamped papers and forthwith depart, when they were delivered to him; and, returning with them to the sloop, she weighed anchor in the afternoon and proceeded to sea. The object of the expedition being so happily effected, the garrison were re leased from confinement and put in possession of the fort ; and the volunteers returned with their colors to Charles ton, by the same way in which they had proceeded, hav ing fulfilled the wishes and expectations of their fellow-citi zens, without injuring or hurting any person whatsoever." * This bold enterprise ended the attempt to enforce the Stamp Act in South Carolina. A suspicion was awakened in the minds of some, that certain of the officials were in possession of stamped paper, and that they only waited for the excitement to subside, when they would attempt to use the stamps. The result was that their houses were searched by the mob, not in the most delicate way, but no stamps were found ; and the public mind then quieted down. 66 THE BIRTH OF THE REPUBLIC. GEORGIA. From Stevens' History of Georgia. "As soon as Mr. Wylly, the speaker of the commons House of Assembly, received the letter (from Massachusetts), he despatched expresses to the members, and sixteen mem bers nearly two thirds of the entire number responded to his call, by convening in Savannah on the 2d of September, 1765. This body replied to the Massachusetts resolutions by a letter intimating their hearty co-operation in every measure for ihe support of their common rights ; but through the influence of Governor Wright, they were prevented from sending delegates to the proposed Congress (at New York)." "On the 5th of December (1765), his Majesty's ship Speed well, Captain Fanshawe, with the stamps, arrived in the river, and the papers were secretly transferred to Fort Hal ifax, and placed under the care of the commissary ; for the 'Liberty Boys,' as they were then termed, had entered into an association to prevent the distribution of the papers, and to compel the officer to resign as soon as he arrived. To oppose these measures, Governor Wright summoned all his energies, and labored day and night, in public and in private, and, by his commanding influence, ably seconded by his Council, was partially successful. Secret meetings, however, were often held, all business was stopped, and the Province remained in a state of anxious agitation. . . . "On the 2d of January, 1766, about 3 P.M., Captains Milledge and Powell informed the Governor that nearly two hundred Liberty Boys had assembled together, threaten ing to break open the fort and destroy the papers. The Governor immediately ordered the two companies of rang ers, numbering fifty-four men, to attend him, and marched on the fort, took out the stamps, placed them in a cart, and, escorted by the military, conveyed them to the guard-house. The people looked on in sullen silence, which gave the Gov ernor so much alarm that for many days he kept a guard of forty men over his house, and during four nights was in such anxiety and fear that he did not remove his clothes." The next day (January 3d), the Governor was informed of the arrival of Mr. Angus, the stamp-distributor, at Tybee, and took precautions to have him Brought in great secrecy up to Savannah, where he was quartered in the Governor's residence. But even in that retreat, guarded by soldiers, the stamp-distributor felt insecure, and in a fortnight left the town. The whole Province sympathized with the peo- le of Savannah ; and toward the close of January, six hun- red men assembled within a few miles of the town, and informed the Governor that, unless the stamps were removed, THE BIRTH OF THE REPUBLIC. 67 they would march into the town, destroy the fort and his dwelling, as well as the stamps. He accordingly sent the stamps down to Fort George, at Cockspur Island, under charge of the rangers. "But even this was not deemed sufficient security; and on the 3d of February they were once more removed, and deposited on board the man-of-war Speedwell, which had brought them to the Colony." A riotous meeting took place, at which the Governor was burned in effigy. There being some sixty vessels in the harbor, the reso lution of the people was so far overcome by the private interest of the merchants as to admit of the sale of stamps necessary to secure clearances. But the courts were entire ly closed and all legal transactions suspended. The relax ation, as it regarded the shipping interest, however, created great indignation in South Carolina. CHAPTER II. RESOLUTIONS OF THE HOUSE OF LORDS IN REGARD TO MASSA CHUSETTS. In the House of Lords, December 15, 1768, a series of resolutions were adopted with reference to the condition of affairs in Massachusetts Bay. It was resolved that the res olutions and proceedings of the Massachusetts Assembly which deny the right of Parliament to pass laws that bind the Colonies in all cases whatsoever "are illegal, unconsti tutional, and derogatory of the rights of the Crown and Parliament of Great Britain." "That the resolution of the House of Representatives of that Province, to write letters to the several Houses of Rep resentatives, of the British Colonies desiring them to join in netitions, which deny or draw in question the right of Par liament to impose duties or taxes on his Majesty's subjects in America, k are proceedings of the most unwarrantable and dangerous nature, calculated to inflame the minds of his Majesty's subjects in the other Colonies, tending to create unlawful combinations, repugnant to the laws of Great Britain, and subversive of the Constitution. " That the town of Boston has for some time past been in a state of great disorder and confusion, and been disturbed by riot and tumults. That neither the Council of the Prov ince nor the civil magistrates did exert their authority for suppressing the riots and tumults. "That the preservation of the public peace became im practicable without the aid of a military force to support the civil magistrates and the officers of the revenue. "That the resolutions and proceedings of the town meet- 68 THE BIRTH OF THE REPUBLIC. ings in Boston on the 14th of June and 12th of September * were illegal and unconstitutional, and calculated to excite sedition and insurrections in his Majesty's Province of Massachusetts Bay.' "That the appointment, at the town meeting on the 12th of September, of a convention to be held in the town of Bos ton on the 22d of that month, to consist of deputies from the several towns and districts in the Province of the Massa chusetts Bay, and the issuing a precept by the select-men of the town of Boston to each of the said towns and districts, for the election of said deputies, were proceedings subver sive of his Majesty's government, and evidently manifesting a design in the inhabitants of the said town of Boston to set up a new and unconstitutional authority independent of the Crown of Great Britain. " That the elections by the several towns and districts, of deputies to sit in the said convention, and the meeting of such convention, ' were daring insults offered to his Majes ty's authority, and audacious usurpations of the powers of government.' These resolutions were adopted by the House of Commons, with slight verbal amendments. The address agreed to by the Lords was also adopted by the Commons with a single verbal change. As agreed to by both Houses and sent up to the King, it is as follows : "And the Duke of Bedford reported from the committee an address, drawn by them, as follows : "'MOST GRACIOUS SOVEREIGN: " ' We, your Majesty's most dutiful and loyal subjects, the Lords, spiritual and temporal, in Parliament assembled, return your Majesty our humble thanks for the communi cation your Majesty has been graciously pleased to make to your Parliament of several papers relative to public trans actions in your Majesty's Province of Massachusetts Bay. "We beg leave to express to your Majesty our sincere satisfaction in the measures which your Majesty has pur sued for supporting the Constitution and for inducing a due obedience to the authority of the Legislature; and to give your Majesty the strongest assurances that we will effect ually stand by and support your Majesty ia such further measures as may be found necessary to maintain the civil magistrates in a due execution of the laws within your Majesty's Province of Massachusetts Bay ; and as we con ceive that nothing can be more immediately necessary, either for the maintenance of your Majesty's authority in the said Province, or for guarding your Majesty's subjects therein from being further deluded by the arts of wicked and designing men than to proceed in the most speedy and effectual manner for bringing to condign punishment the THE BIRTH OF THE REPUBLIC. 69 Chief authors and instigators of the late disorders, we most humbly beseech your Majesty that you will be graciously pleased to direct your Majesty's Governor of Massachusetts Bay to take the most effectual methods for securing the fullest information that can be obtained touching all treasons or misprissions of treason committed within his Government since the thirtieth day of December, one thousand seven hundred and sixty -seven, and to transmit the same, to gether with the names of the persons who were most active in the commission of such offences, to one of your Majesty's principal Secretaries of State in order that your Majesty may issue a special commission for inquiry of, hearing, and determining the said offences, within this realm, pursuant to the provisions of the statute of the thirty-fifth year of the reign of King Henry the Eighth in case your Majesty shall, upon receiving the said information, see sufficient ground for such a proceeding. ' " The following is the Act of 35th Henry VIII. referred to in the foregoing proceedings: "Cap. 11. "An act for the trial of treasons committed out of the King's dominions (35th Henry VIII. 1543). "I. Forasmuch as some doubts and questions have been moved that certain kinds of treasons, misprisons, and con cealments of treasons done, perpetrated, or committed out of the King's Majesty's realm of England, and other his Grace's dominions cannot, nor may by the common laws of this realm, be inquired of, heard, and determined within this his said realm of England: (2) for a plain remedy, order, and declaration therein to be had and made, be it enacted by authority of this present Parliament, That all manner of offences, being already made and declared, or hereafter to be made or declared, by any of the laws and statutes of this realm to be treasons, misprisons of treasons or conceal ments of treasons, and done, perpetrated, or committed, or hereafter to be done, perpetrated, or committed by any per son or persons out of this realm of England, shall be from henceforth inquired of, heard, and determined before the King's Justices of his Bench for pleas to be holden before himself, by good and lawful men of the same shire where the said bench shall sit and be kept ; (3) or else before such commissioners, and in such shire of the realm, as shall be assigned by the Kind's Majesty's Commission, and by good and lawful men of the same shire, in like manner and form, to all intents and purposes, as if such treasons, misprisons of treasons, or concealments 9f treasons had been done, perpetrated, and committed within the same shire where 70 THE BIRTH OF TEE REPUBLIC. they shall be so inquired of, heard, and determined, as is aforesaid. 4 'II. Provided always. That if any of the peers of this realm shall happen to he indicted of any such treasons, or other offences aforesaid, hy the authority of this act, that then after such indictment, they shall have their trial by their peers in such like manner and form as hath heretofore been accustomed. ' ' House of Lords. " Tuesday, February 7, 1775. " A message was brought from the House of Commons by the Lord George Germaine and others, to desire a confer ence with this House upon the state of his Majesty's Colo nies in North America. To which the House agreed. The messengers were again called in and told * that the Lords agree to a, conference, as is desired, and appoint the same presently in the Painted Chamber.' "The House being informed 'that the managers for the Commons were ready for the conference in the Painted Chamber.' "The names of the managers for the Lords were called over, and the House was adjourned during pleasure and the Lords went to the conference ; ' ' Which being ended, the House resumed, and the Lord President reported 'that they had met the managers for the Commons at the conference,' which, on the part of the Commons, was managed by the Lord North ; who acquainted the managers for the Lords ' that they, having taken into their consideration the state of his Majesty's Colonies in North America, have agreed upon an address to be pre sented to his Majesty,' to which they desire the concurrence of this House. Then his Lordship read the address delivered at the said conference as follows: "'MOST GRACIOUS SOVEREIGN: " ' We, your Majesty's most dutiful and loyal subjects the . . . Commons, in Parliament assembled, return your Ma jesty our most humble thanks for having been graciously pleased to communicate to us the several papers relating to the present state of the British Colonies in America, which by your Majesty's command have been laid before us. We have taken them into our most serious consideration, and we find that a part of your Majesty's subjects in the Prov ince of Massachusetts Bay have proceeded so far as to resist the authority of the Supreme Legislature ; that a rebellion at this time actually exists within the said Province; anl we see with the utmost concern that they have been coun tenanced and encouraged by unlawful combinations and engagements entered into by your Majesty's subjects in THE BIRTH OF THE REPUBLIC. 71 several of the other Colonies to the injury and oppression of many of their innocent fellow-subjects resident within the kingdom of Great Britain and the rest of your Majesty's dominions. This conduct on their part appears to us the more inexcusable when we consider with how much temper your Majesty and the two Houses of Parliament have acted in support of the laws and constitution of Great Britain. We can never so far desert the trust reposed in us as to re linquish any part of the sovereign authority over all your Majesty's dominions, which, by law, is vested in your Majesty and the two Houses of Parliament; and the con duct of many persons in several of the Colonies during the late disturbances is alone sufficient to convince us how neces sary the power is for the protection of the li ves and fortunes of all your Majesty's subjects. " * We ever have been and always shall be ready to pay attention and regard to any real grievances of any of your Majesty's subjects which shall in a dutiful and constitutional manner be laid before us ; and whenever any of the Colonies shall make a proper application to us, we shall be ready to afford them every just and reasonable indulgence. At the same time we consider it as our indispensable duty humbly to beseech your Majesty that you will take the most effectual measures to enforce due obedience to the laws and authority of the Supreme Legislature ; and we beg leave, in the most solemn manner, to assure your Majesty that it is our fixed resolution, at the hazard of our lives and properties, to stand by your Majesty against all rebellious attempts in the main tenance of the just rights of your Majesty and the two Houses of Parliament.' " Copy of a resolution of the House of Commons, 27th Feb ruary, 1775, inclosed by the Earl of Dartmouth, in his cir cular-letter to the Governors of the Colonies, dated March 3, 1775: *' Resolved, That when the Governor, Council, and Assembly, or General Court of any of his Majesty's Prov inces or Colonies in America shall propose to make pro vision, according to the condition, circumstances, and situa tion of such Province or Colony, for contributing their pro portion to the common defence (such proportion to be raised under the authority of the General Court or General Assem bly of such Province or Colony, and disposable by Parlia ment), and shall engage to make provision also for the sup port of the civil government and the administration of justice in such Province or Colony, it will be proper, if such proposal shall be approved by his Majesty and the two Houses of Parliament, and for so long as such provision shall be made accordingly, to forbear in respect 'of such Province or Colony, to levy any duty, tax, or assessment, or to impose any further duty, tax, or assessment, except 72 THE BIRTH OF THE REPUBLIC. only such duties as it may be expedient to continue to levy or to impose for the regulation of commerce ; the net produce of the duties last mentioned to be carried to the account af such Province or Colony respectively." Letter of John Pownall, Secretary to the Board of Trade, to the Governors of the several Colonies in North America: " WHITEHALL, April 5, 1775. " Sm: I have the honor to send you herewith, by Lord Dart mouth's directions, an act of Parliament to which his Majesty gave the royal assent on Friday last, entitled, 'An act to restrain the trade and commerce of the Provinces of Massa chusetts Bay and New Hampshire, and Colonies of Connecti cut and Rhode Island and Providence Plantation, in North America, to Great Britain, Ireland, and the British islands in the West Indies, and to prohibit such Provinces and Colonies from carrying on any fishery on the banks of New foundland or other places therein mentioned, under certain conditions and limitations,' and I am to desire that you be pleased to cause the said act to be made public in such man ner as has been usual on like occasions. " I am, sir, your obedient, humble servant, "JOHN POWNALL." CHAPTER III. THE BEGINNING OF THE END. "Proceedings of the Congress held at Philadelphia. "September 5, 1774. " A NUMBER of the delegates chosen and appointed by the several Colonies and Provinces in North America, to meet and hold a Congress at Philadelphia, assembled at the Car penter's Hall. " Tuesday, Sept. 6, 1774, 10 o'clock A.M. "The Congress met according to adjournment. "Present The same members as yesterday, and more over, from the Colony of Virginia, Richard Henry Lee, Esq. ' ' The Congress resuming the consideration of rules of con duct to be observed in debating and determining the ques tions that come under consideration, ' ' Resolved, That in determining questions in this Congress each Colony or Province shall have one vote, the Congress not being possessed of or at present able to procure proper materials for ascertaining the importance of each Colony. THE BIRTH OF THE REPUBLIC. 73 ' ' Resolved, That no person shall speak more than twice on the same point without leave of the Congress. ''Resolved, That no question shall be determined the day on which it is agitated and debated if any one of the Colo nies desires the determination postponed to another day. "Resolved, That the doors be kept shut during the time of business, and that the members consider themselves under the strongest obligations of honor to keep the proceedings secret until the majority shall direct them to be made public. 4 "Resolved unanimously, That a committee be appointed to state the rights of the Colonies in general, the several in stances in which these rights are violated or infringed, and the means most proper to be pursued for obtaining a restora tion of them. "Ordered, That the appointment of the committee and the number of which it shall consist be deferred until to morrow. ' ' Resolved, That a committee be appointed to examine, and report the several statutes which affect the trade and manu factures of the Colonies. Same order as above respecting the appointment and number of this committee. "Resolved, That the Rev. Mr. Duche, be desired to open the Congress to-morrow morning, with prayers, at the Car penter's Hall, at 9 o'clock. "Adjourned to 5 o'clock this afternoon. "Wednesday, Sept. 14, 1774. " The Congress met according to adjournment. "William Hooper and Joseph Hewes, Esqrs., two of the deputies from North Carolina, attended the Congress and produced their credentials. Henry Wisner, a delegate from the county of Orange, in the Colony of New York, appeared at Congress and produced a certificate of his election by the said county, which, being read and approved, he took his seat in Congress as a deputy for the Colony of New York. George Ross, Esq., one of the delegates for the Province of Pennsylvania, and John Alsop, Esq., one of the delegates for the Colony of New York, appeared and took their seats in Congress. "The delegates from the Province of Massachusetts Bay, agreeable to a request from the joint committees of every town and district in the county of Middlesex in the said Province, communicated to the Congress the proceedings of those committees at Concord, on the 30th and 31st days of August last, which were read. " Adjourned till to-morrow at 9 o'clock. " Saturday, Sept, 17, 1774, A.M. "The Congress met according to adjournment. "Richard Caswell, Esq., one of the deputies from North Carolina, appeared and took his seat in Congress. 74 THE EUITH OF THE REPUBLIC. " The resolutions entered into by the delegates from the several towns and districts in the county of Suffolk, in the Province of Massachusetts Bay, on Tuesday the 6th instant, and their address to his Excellency, Governor Gage, dated the 9th instant, were laid before the Congress. " The Congress taking the foregoing resolutions into con sideration : "Resolved, unanimously. That this assembly deeply feels the suffering of their countrymen in the Massachusetts Bay, under the operation of the late unjust, cruel, and oppressive acts of the British Parliament ; that they most thoroughly approve the wisdom and fortitude with which opposition to these wicked ministerial measures has hitherto been con ducted, and they earnestly recommend to their brethren a perseverance in the same firm and temperate conduct as ex pressed in the resolutions determined upon at a meeting of the delegates for the county of Suffolk on Tuesday the 6fch instant, trusting that the effect of the united efforts of North America in their behalf, will carry such conviction to the British nation of the unwise, unjust, and ruinous policy of the present administration, as quickly to introduce better men and wiser measures. "Resolved unanimously, That contributions from all the Colonies for supplying the necessities and alleviating the distresses of our brethren at Boston, ought to be continued in such manner, and so long as their occasions may require. " Ordered, That a copy of the above resolutions be trans mitted to Boston by the President. "Ordered, That these resolutions, together with the reso lutions of the county of Suffolk, be published in the news papers. "The committee appointed to examine and report the several statutes which affect the trade and manufactures of the Colonies brought in their report, which was ordered to lie on the table. "Adjourned till Monday morning. " Thursday, Sept. 22, 1774. "The Congress met according to adjournment. "Upon motion, "Resolved unanimously, That the Congress request the merchants and others in the several Colonies not to send to Great Britain any orders for goods, and to direct the execu tion of all orders already sent, to be delayed or suspended, until the sense of the Congress on the means to be taken for the preservation of the liberties of America is made public. "Ordered, That this resolution be made public by hand bills, and by publishing it in the newspapers. " The committee appointed to state the rights of the Colo nies, etc., having brought in a report of the rights, the same THE BIRTH OF THE REPUBLIC. 75 was read, and the consideration of it deferred till Saturday next. "Ordered, That a copy of this report be made for each Colony. " Saturday, Sept. 24, 1774, A.M. "The Congress entered upon the consideration of the re port referred to this day, and, after some debate, upon mo tion, "Resolved, That the Congress do confine themselves at present to the consideration of such rights only as have been infringed by acts of the British Parliament since the year 1763, postponing the further consideration of the general state of American rights to a future day. "Hereupon the committee appointed to state the rights, etc., brought in a report of the infringements and violations of American rights, which being read, upon motion, "Resolved, That the consideration of this Report be de ferred till Monday, and that the Congress in the mean time deliberate on the means most proper to be pursued for a res toration of our rights. ' 'After some debate on that subject, the Congress adjourned. "Monday, Sept. 26, 1774, A.M. "The Congress met according to adjournment. "John Herring, Esq., a deputy from Orange County, in the Colony of New York, appeared this morning, and took his seat as a delegate from that Colony. " Tuesday, Sept. 27, 1774, A.M. " The Congress met according to adjournment, and, resum ing the consideration of the means most proper to be used for a restoration of American rights, "Resolved unanimously, That, from and after the 1st day of December next, there be no importation into British America from Great Britain or Ireland, of any goods, wares, or merchandise whatsoever, or, from any other place, of any such goods, wares, or merchandise as shall have been ex ported from Great Britain or Ireland; and that no such goods, wares, or merchandise imported after the said 1st day of December next be used or purchased. "Adjourned till to-morrow. " Saturday, Oct. 1, 1774. "Simon Boerum, Esq., appeared in Congress as a deputy from King's County, in the Colony of New York, and pro duced the credentials of his election, which, being read and approved, he took his seat as a delegate for that Colony. "The Congress, resuming the consideraton of the means, etc., upon motion, "Resolved unanimously, That a loyal address to his Majesty be prepared, dutifully requesting the royal atten- 76 THE BIRTH OF THE REPUBLIC. tiqn to the grievances that alarm and distress his Majesty's faithful subjects in North America, and entreating his Ma jesty's gracious interposition for the removal of such griev ances, thereby to restore between Great Britain and the Colonies that harmony so necessary to the happiness of the British empire, and so ardently desired by all America. " Agreed, That Mr. Lee, Mr. J. Adams, Mr. Johnson, Mr. Henry, and Mr. J. Rutledge be a committee to prepare an address to his Majesty. " Saturday, October 8, 1774. "The Congress resumed the consideration of the letter from Boston ; and upon motion, "Resolved, That this Congress approve the opposition of the inhabitants of the Massachusetts Bay to the execution of the late acts of Parliaments ; and if the same shall be at tempted to be carried into execution by force, in such case all America ought to support them in their opposition. "Tuesday, October 11, 1774. "Resolved unanimously, That a memorial be prepared to the people of British America, stating to them the neces sity of a firm, united, and invariable observation of the meas ures recommended by the Congress, as they tender the in valuable rights and liberties derived to them from the laws and Constitution of their country. "Also that an address be prepared to the people of Great Britain. Mr. Lee, Mr. Livingston, and Mr. Jay are appoint ed a committee to prepare a draft of the memorial and ad dress. "Friday, October 14, 1774. " The Congress.met according to adjournment, and resum ing the consideration of the subject under debate, came into the foUowing resolutions: "Whereas, Since the close, of the last war, the British Parliament, claiming a power of right to bind the people of America by statute in all cases whatsoever, hath in some acts expressly imposed taxes on them, and in others, under various pretences, but in fact for the purpose of raising a revenue, hath imposed rates and duties payable in these Colonies, established a board of commissioners with uncon stitutional powers, and extended the jurisdiction of Courts of Admirality, not only for collecting the said duties, but for the trial of causes merely arising within the body of a county ; "And whereas, In consequence of other statutes, judges who before held only estates at will in their offices, have been made dependent on the Crown alone for their salaries, and standing armies kept in times of peace; and it has late ly been resolved in Parliament that by force of a statute THE BIRTH OF THE REPUBLIC. 77 made in the thirty -fifth year of the reign of King Henry the Eighth, Colonists may be transported to England, and tried there upon accusations for treason, and misprisons, or concealments of treason, committed in the Colonies, and by a late statute such trials have been directed in cases therein mentioned ; "And whereas, In the last session of Parliament, three statutes were made, one entitled ' An Act to Discontinue in Such Manner and for Such Time as Therein Mentioned, the Landing and Discharging, Lading or Shipping, of Goods, Wares, and Merchandise at the Town and Within the Harbor of Boston, in the Province of Massachusetts Bay, in North America ;' another entitled ' An Act for the Better Regulating the Government of the Province of Massachusetts Bay, in New England ;' and another entitled ' An Act for the Impar tial Administration of Justice in the Cases of Persons Ques tioned for any Act Done by Them in the Execution of the Law, or for the Suppression of Riots and Tumults in the Province of the Massachusetts Bay, in New England;' and another statute was then made, 4 for making more effectual provi sion for the government of the Province of Quebec,' etc. ; all which statutes are impolitic, unjust, and cruel, as well as unconstitutional and most dangerous and destructive of American rights ; ' ' And whereas, Assemblies have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances; and their dutiful, humble, loyal, and reasonable petitions to the Crown for redress have been repeatedly treated with contempt by his Majesty's Ministers of State : " The good people of the several Colonies of New Hamp shire, Massachusetts Bay, Rhode Island, and Providence Plan tations, Connecticut, New York, New Jersey, Pennsylvania, New Castle, Kent and Sussex, on Delaware, Maryland, Vir ginia, North Carolina and South Carolina, justly alarmed at these arbitrary proceedings of Parliament and administra tion, have severally elected, constituted, and appointed dep uties to meet and sit in general congress, in the city of Phil adelphia, in order to obtain such establishment as that their religion, laws, and liberties may not be subverted. Where upon, the deputies so appointed being now so assembled in a full and free representation of these Colonies, taking into their most serious consideration the best means of attaining the end aforesaid, do, in the first place, as Englishmen, their ancestors, in like cases have usually done for asserting and vindicating their rights and liberties, declare, "That the inhabitants of the English Colonies in North America, by the immutable laws of nature, the principles of the English Constitution, and the several charters or com pacts, have the following rights: 78 THE BIRTH OF THE REPUBLIC. "Resolved, N. C. D. 1, That they are entitled to life, lib erty, and property ; and they have never ceded to any sov ereign power whatsoever, a right to dispose of either with or without their consent. "Resolved, N. C. D. 2, That our ancestors who first set tled these Colonies, were, at the time of their emigration from the mother-country, entitled to all the rights, liberties, and immunities of free and natural born subjects within the realm of England. "Resolved, N. C. D. 3, That, by such emigration, they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them as their local and other circumstances enable them to exercise and enjoy. "Resolved, 4, That the formation of English liberty, and of all free government, is aright in the people to participate in their legislative Council; and as the English Colonists are not represented, and from their local and other circum stances cannot be properly represented, in the British Par liament, they are entitled to a free and exclusive power of legislation in their several Provincial legislatures, where their right of representation can alone be preserved in all cases of taxation and internal polity, subject only to the negation of their sovereign, in such manner as has been heretofore used and accustomed. 44 But from the necessity of the case, and a regard for the mutual interests of both countries, we cheerfully consent to the operation of such acts of the British Parliament as are bona fide restrained to the regulation of our external com merce for the purpose of securing the commercial advan tages of the whole empire to the mother-country, and the commercial benefit of its respective members, excluding every idea of taxation, internal or external, for raising a revenue on the subjects in America without their consent. 4 ' Resolved, N. C- D. 5, That the respective Colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage according to the course of that law. "Resolved 6, That they are entitled to the benefit of such of the English statutes as existed at the time of their coloni zation, and which they have by experience respectively found to be applicable to their several local and other cir cumstances. "Resolved, N. C. D. 7, That these, his Majesty's C9lonies, are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of Provincial laws. " Resolved, N. C. D. 8, That they have a right peacefully to assemble, consider of their grievances, and petition the THE BIRTH OF THE REPUBLIC. 79 King; and that all prosecutions, prohibitory proclamations, and commitments for the same are illegal. "Resolved, N. C. D. 9, That the keeping a standing army in these Colonies in times of peace, without the consent of the legislatures of that Colony in which such army is kept, is against law. "Resolved, N. C. D. 10, It is indispensably necessary to good government, and rendered essential by the English Constitution, that the constituent branches of the legislature be independent of each other ; that Jherefore the exercise of legislative power in several Colonies, by a Council appoint ed during pleasure of the Crown, is unconstitutional, dan gerous, and destructive to the freedom of American leg islation. "All and each of which the aforesaid deputies, in behalf of themselves and their constituents, do claim, demand, and insist on as their indubitable rights and liberties, which can not be legally taken from them, altered or abridged, by any power whatever, without their own consent, by their repre sentatives in their several Provincial legislatures. "In the course of our inquiry, we find many infringe ments and violations of the foregoing rights, which, from an ardent desire that harmony and mutual intercourse of affection and interest may be restored, or passed over for the present, and proceed to state such acts and measures as have been adopted since the last was, which demonstrate a system formed to enslave America. "Resolved, N. C. D., That the following acts of Parliament are infringements and violations of the rights of the Colo nists, and that the repeal of them is essentially necessary in order to restore harmony between Great Britain and the American Colonies, viz. : "The several Acts of 4 George III., chapters 15 and 34; 5 George III., chapter 25; 6 George III., chapter 52; 7 George III., chapters 41 and 46; 8 George III., chapter 22, which impose duties for raising a revenue in America, extend the powers of the Admiralty Courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judge's certificate to indemnify the prosecutor from damage that he might otherwise be liable to, requiring oppressive security from a claimant of ships and goods seized before he shall be allowed to defend his property, and are subver sive of American rights. "Also the 12 George III., chapter 24, entitled ' An Act for the Better Securing His Majesty's Dock-Yards, Magazines, Ships, Ammunition and Stores,' which declares a new of fence in America and deprives the American subject of a constitutional trial by jury of the vicinage, by authorizing the trial of any person, charged with the committing any offence described in the said act out of the realm, to be indicted 80 THE BIRTH OF THE REPUBLIC. and tried for the same in any shire or county within the realm. Also the three acts passed in the last session of Par liament for stopping the port and blocking up the harbor of Boston; for altering the charter and government of the Massachusetts Bay; and that which is entitled, ' An Act for the Better Administration of Justice,' etc. " ' Also the act passed in the same session for establishing the Roman Catholic religion in the Province of Quebec, abolishing the equitable system of English laws, and erect ing a tyranny there to the great danger, from so total a dis similarity of religion, law, and government of the neighbor ing British Colonies, by the assistance of whose blood and treasure the said country was conquered from France. " ' Also the act passed in the same session for the better providing suitable quarters for officers and soldiers in his Majesty's service in North America. "'Also that the keeping a standing army in several of these Colonies, in time of peace without the consent of the legislature of that Colony in which such army is kept, is against law. u ' To these grievous acts and measures Americans cannot submit; but in hopes that their fellow-subjects in Great Brit ain will, on a revision of them, restore us to that state in which both countries found happiness and prosperity, we have for the present only resolved to pursue the following peaceable measures: " ' 1. To enter into a non-importation, non-consumption, and non-exportation agreement or association; 2, to prepare an address to the people of Great Britain and a memorial to the inhabitants of British America; and 3, to prepare a loyal address to his Majesty, agreeable to resolutions already entered into.' " A letter being received from several gentlemen in Geor gia was read. "Monday, October 17, 1774. " The Congress met according to adjournment. * ' Mr. John Dickinson appeared in Congress as a deputy for the Province of Pennsylvania, and produced his credentials. " Tuesday, October 18, 1774. " The Congress resumed the consideration of the plan of Association, etc. ; and after sundry amendments, the same was agreed to and ordered to be transcribed, that it may be signed by the several members. " Thursday, October 20, 1774. " The Association being copied , was read and signed at the table, and is as follows: " 'We, his Majesty's most loyal subjects, the delegates of the several Colonies of New Hampshire, Massachusetts Bay, THE BIRTH OF THE 'REPUBLIC. 81 Rhode Island, Connecticut, New York, New Jersey, Penn sylvania, the three lower counties of New Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, and South Carolina, deputed to represent them in a Conti nental Congress, held in the city of Philadelphia on the fifth day of September, 1774, avowing our allegiance to his Majesty ; our affection and regard for our fellow-subjects in Great Britain and elsewhere ; affected with the deepest anx iety and most alarming apprehensions at those grievances and distresses with which his Majesty's American subjects are oppressed ; and having taken under our most serious de liberation the State of the whole Continent, find that the present unhappy situation of our affairs is occasioned by a ruinous system of Colony administration adopted by the British Ministry about the year 1763, evidently calculated for enslaving these Colonies, and with them the British em pire. In the prosecution of which system, various acts of Parliament have been passed for raising a revenue in Amer ica, for depriving the American subjects, in many instances, of the constitutional trial by jury, exposing their lives to danger by directing a new and illegal trial beyond the seas, for crimes alleged to have been committed in America ; and in prosecution of the same system, several late cruel and oppressive acts have been passed respecting the town of Boston and the Massachusetts Bay, and also an act for ex tending the Province of Quebec so as to border on the west ern frontiers of these Colonies, establishing an arbitrary government therein, and discouraging the settlement of British subjects in that wide-extended country ; thus by the influence of evil principles and ancient prejudices to dispose the inhabitants to act with hostility against the free Protest ant Colonies whenever a wicked Ministry shall choose so to direct. u ' To obtain redress of grievances which threaten destruc tion to the lives, liberties, and property of his Majesty's sub jects in North America, we are of opinion that a non-im portation, non-consumption, and non-exportation agreement faithfully adhered to will prove the most speedy, effectual, and peaceable measure ; and therefore we do for ourselves, and the inhabitants of the several Colonies, whom we rep resent, firmly agree and associate under the sacred ties of virtue, honor, and love of our country as follows : '* * 1. That from and after the 1st day of December next we will not import into British America from Great Britain or Ireland any goods, wares, or merchandise whatsoever, or from any other place any such goods, wares, or merchandise as shall have been exported from Great Britain or Ireland ; nor will we after that day import any East India tea from any part of the world; nor any molasses, syrups, paneles, coffee, or pimento from the British plantations or from Do- 82 THE BIRTH OF THE REPUBLIC. minico; nor wines from Madeira or the Western Islands; nor foreign indigo. " '2. That we will neither import nor purchase any slave imported after the first day of December next ; after which time we will wholly discontinue the slave trade, and will neither be concerned in it ourselves, nor will we hire our vessels nor sell our commodities or manufactures to those who are concerned in it. " ' 3. As a non-consumption agreement strictly adhered to will be an effectual security for the observation of the non importation, we as above solemnly agree and associate that from this day we will not purchase or use any tea imported on account of the East India Company, or any on which a duty hath been or shall be paid ; and from and after the 1st day of March next we will not purchase or use any East In dia tea whatsoever; nor will we nor shall any person for or under us purchase or use any of those gooods, wares, or merchandise we have agreed not to import, which we shall know or have cause to suspect were imported after the first day of December, except such as come under the rules and directions of the tenth article hereafter mentioned. " 4 4. The earnest desire we have, not to injure our fellow- subjects in Great Britain, Ireland, or the West Indies, in duces us to suspend a non -exportation until the tenth day of September, 1775 ; at which time, if the said acts and parts of acts of the British Parliament hereinafter mentioned are not repealed, we will not directly or indirectly export any merchandise or commodity whatsoever to Great Brit ain, Ireland, or the West Indies, except rice to Europe. '"5. Such as are merchants and use the British and Irish trade, will give orders as soon as possible to their factors, agents, and correspondents in Great Britain and Ireland not to ship any goods to them on any pretence whatsoever, as they cannot be received in America ; and if any merchant residing in Great Britain or Ireland shall directly or indi rectly ship any goods, wares, or merchandise for America in order to break the said non-importation agreement, or in any manner contravene the same, on such unworthy conduct being well attested, it ought to be made public ; and on the same being so done, we will not from thenceforth have any commercial connection with such merchant. " * 6. That such as are owners of vessels will give positive orders to their captains or masters not to receive on board their vessels any goods prohibited by the said non-importa tion agreement, on pain of immediate dismission from their service. " ' 7. We will use pur utmost endeavors to improve the breed of sheep, and increase their number to the greatest extent ; and to that end we will kill them as sparingly as may be, especially those of the most profitable kind; nor THE BIRTH OF THE REPUBLIC. 83 will we export any to the West Indies or elsewhere ; and those of us who are or may become overstocked with or can conveniently spare any sheep will dispose of them to our neighbors, especially to the poorer sort, upon moderate terms. u * 8. That we will, in our several stations, encourage frugali ty, economy, and industry, and promote agriculture, arts, and the manufactures of this country, especially that of wool ; and will discountenance and discourage every species of extravagance and dissipation, especially of horse-rac\ng and all kinds of gaming, cock-fighting, exhibitions of plays, shows, and other expensive diversions and entertainments ; and on the death of any relation or friend, none of us, nor any of our families, will go into any further mourning-dress than a black crape or ribbon on the arm or hat for gentle men, and a black ribbon or necklace for ladies, and we will discontinue the giving of gloves and scarfs at funerals.' " " '11. That a committee be chosen in every county, city, and town, by those who are qualified to vote for Representatives in the Legislature, whose business it shall be to attentively observe the conduct of all persons touching this Association ; and when it shall be made to appear to the satisfaction of a majority of any such committee that any person within the limits of their appointment has violated this Association, that such majority do forthwith cause the truth of the case to be published in the Gazette, to the end that all such foes to the rights of British America may be publicly known and universally condemned as the enemies of American liber ty, and thenceforth we respectively will break off all deal ings with him or her.' " " ' 14. And we do further agree and resolve, That we will have no trade, commerce, dealings, or intercourse whatsoever with any Colony or province in North America which shall not accede to or shall hereafter violate this Association, but will hold them as unworthy of the rights of freemen, and as inimical to the liberties of this country. And we do solemnly bind ourselves and our constituents, under the ties aforesaid, to adhere to this Association until such parts of the several acts of Parliament passed since the close of the last war, or impose or continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pimento, indigo, foreign paper, glass, and painters' colors imported into America ; and extend the powers of the Admiralty Courts beyond their ancient limits ; deprive the American subjects of trial by jury ; authorize the judge's certificate to indemnify the prosecutor from damages that he might otherwise be liable to from a trial by his peers ; require oppressive security from a claimant of ships or goods seized before he shall be allowed to defend his property, are repealed. And until that part of the act of the 12th George III., ch. 24, entitled " An Act for the Better Securing His Majesty's Pock-yards, Magazines, Ships, Ammunition, and 84 THE BIRTH OF THE REPUBLIC. Stores," by which any person charged with committing any offences therein described, in America, may be tried in any shire or county within the realm, is repealed. And until the four acts passed in the last session of Parliament viz. : that for stopping the port and blocking up the Harbor of Boston ; that for altering the charter and government of the Massa chusetts Bay; and that which is entitled, " An Act for the Better Administration of Justice, etc. ; and that for extend ing the limits of Quebec, etc. " are repealed. And we recom mend it to the provincial conventions, and to the committees in the respective Colonies, to establish such further regula tions as they may think proper for carrying into execution this Association.' " The foregoing Association being determined upon by the Congress, was ordered to be subscribed by the several mem bers thereof ; and thereupon we have hereunto set our respec tive names accordingly." " In Congress, Philadelphia, Oct. 20, 1774. " PEYTON RANDOLPH, President. "New Hampshire ____ John Sullivan, Nathaniel Folsom. Massachusetts Bay. j ^iSSTMSt ? Rhode Island ......... Stephen Hopkins, Samuel Ward. Connecticut ........ j Eliphalet Dyer, Roger Sherman, Silas {Isaac Low, John Alsop, John Jay, James Duane, Philip Livingston, William Floyd, Henry Wisner, Simon Boerum. C James Kinsey, William Livingston, New Jersey ........ < Stephen Crane, Richard Smith, John ( De Hart. f Joseph Galloway, John Dickinson, J Charles Humphreys, Thomas Mif- j fli ^ Edward Biddle? John Mortori) [ George Ross. The Lower Counties, { Caesar Rodney, Thomas McKean, New Castle, etc ..... ( George Read. 5 Matthew Tilghman, Thomas Johnson, I Jr., William Paca, Samuel Chase. f Richard Henry Lee, George Washing- T7 - - Q J ton, Patrick Henry, Jr., Richard Virginia ........... j Bland Benj - amin Harrison, Edmund Pendleton. North Carolina THE BIRTH OF THE REPUBLIC. 85 C Henry Middleton, Thomas Lynch, South Carolina < Christopher Gadsden, John Eut- ( ledge, Edward Eutledge. " Ordered, That this Association be committed to the press and that one hundred and twenty copies be struck off. " The Congress then resumed the consideration of the ad dress to the inhabitants of these Colonies, and after debate thereon, adjourned until to-morrow." THE ADDRESS TO THE PEOPLE OF GREAT BRITAIN. This address is elaborate and able. But the plan of this compilation will only admit of the following paragraphs. The committee appointed to draft it, as has been seen above, was composed of Eichard Henry Lee, of Virginia, John Jay and Philip Livingston, of New York: " Tuesday, Oct. 21, 1774. * ' The Address to the People of Great Britain being brought in, and the amendments directed being made, the same was approved and is as follows : "To the people of Great Britain, from the delegates ap pointed by the several English Colonies of New Hampshire, Massachusetts Bay, Ehode Island and Providence Planta tion, Connecticut, New York, New Jersey, Pennsylvania the lower counties on Delaware, Maryland, Virginia, North Carolina, and South Carolina, to consider their grievances in General Congress at Philadelphia, September 5, 1774. ^Friends and Fellow-subjects: When a nation, led to greatness by the hand of liberty, and possessed of all the glory that heroism, magnificence, and humanity can bestow, descends to the ungrateful task of forging chains for her friends and children, and instead of giving support to free dom, turns advocate for slavery and oppression, there is reason to suspect she has either ceased to be virtuous or been extremely negligent in the appointment of her rulers. "In almost every age, in repeated conflicts, in long and bloody wars, as well civil as foreign, against many and pow erful nations, against the open assaults of enemies and the more dangerous treachery of friends, have the inhabitants of your island, your great and glorious ancestors, maintained their independence, and transmitted the rights of men and the blessings of liberty to you, their posterity. " Be not surprised, therefore, that we, who are descended from the same common ancestors; that we, whose fore fathers participated in all the rights, the liberties, and the constitution you so justly boast of, and who have carefully conveyed the same fair inheritance to us, guaranteed by the plighted faith of government, and the most solemn compacts with British sovereigns, should refuse to surrender them to men who found their claims on no principles of reason, and 86 THE BIRTH OF THE REPUBLIC. who prosecute them with a design that, by having our lives and property in their power, they may with the greater facility enslave you. " The cause of America is now the object of universal at tention; it has at length become very serious. " This unhappy country has not only been oppressed, but abused and misrepresented ; and the duty we owe to our selves and posterity, to your interest and the general welfare of the British Empire, leads us to address you on this very important subject. " Know then, that we consider ourselves, and do insist, that we are and ought to be as free as our fellow-subjects in Britain, and that no power on earth has a right to take our property from us without our consent. "That we claim all the benefits secured to the subjects by the English constitution and particularly that inestimable right of trial by jury. 1 k That we hold it essential to English liberty, that no man be condemned unheard, or punished for supposed offences without having an opportunity of making his defence. " That we think the legislature of Great Britain is not au thorized by the constitution to establish a religion fraught with sanguinary and impious tenets, or to erect an arbitrary form of government in any quarter of the globe. These rights, we, as well as you, deem sacred and yet, sacred as they are, they have, with many others, been repeatedly and flagrantly violated. k k Are not the proprietors of the soil of Great Britain lords of their own property ? Can it be taken from them without their consent? Will they yield it to the arbitrary disposal of any man, or number of men whatever? You know they will not. "Why, then, are the proprietors of the soil of America less lords of their property than you are of yours? Or why should they submit it to the disposal of your Parliament, or any other parliament or council in the world, not of their election? Can the intervention of the sea that divides us cause disparity in rights? Or can any reason be given why English subjects who live three thousand miles from the royal palace should enjoy less liberty than those who are three hundred miles distant from it? " Reason looks with indignation on such distinctions, and freemen can never perceive their propriety. A.nd yet, how ever chimerical and unjust such discriminations are, the Parliament assert that they have a right to bind us in all cases without exception, whether we consent or not ; that they may take and use our property when and in what manner they please; that we are pensioners on their bounty for all that we possess, and can hold it no longer than they vouchsafe to permit. Such declarations we consider as heresies in English politics, and which can no more operate THE BIRTH OF THE REPUBLIC. 87 to deprive us of our property than the interdicts of the pope can divest kings of sceptres which the laws of the land and the voice of the people have placed in their hands." On the same day the Congress published a memorial to the inhabitants of British America, reported by the same committee. It is a clear and statesmanlike resume of the irritating legislation and policy of Great Britain from the close of the then late war with France to date. The following paragraph will remind the reader of the first clause of the Declaration of Independence: ' ' In every case of opposition by a people to their rulers, or of one state to another, duty to Almighty God the creator of all requires that a true and impartial judgment be formed of the measures leading to such opposition, and of the causes by which it has been provoked, or can in any degree be justi fied ; that neither affection on the one hand nor resentment on the other being permitted to give a wrong bias to reason, it may be enabled to take a dispassionate view of all circum stances, and to settle the public conduct on the solid founda tions of Wisdom and Justice." From councils thus tempered, arise the surest hopes of the divine favor, the firmest encouragement to the parties en gaged, and the strongest recommendation of their cause to the rest of mankind. The Congress also put forth addresses to the inhabitants of the Province of Quebec, and to the King. The former ap peals to the people of that Province to unite with those south of it in opposition to Parliamentary taxation. The latter is a manly but respectful petition and remonstrance. THE CONGRESS OF 1775 The Congress of 1775 met at Philadelphia, May 10th. All the Colonies, except Rhode Island and Georgia, were repre sented ; and after the body had been in session for a few days, delegates arrived from Rhode Island, and from St. John's Parish, Georgia. On the 6th of July, "A Declaration by the Representatives of the United Col onies of North America, now met in Congress at Philadel phia, setting forth the causes and necessity of their taking up arms, was issued." The committee appointed to draw up this address con sisted of Messrs. J. Rutledge, of South Carolina; W. Liv ingston, of New Jersey; Dr. Benj. Franklin, of Pennsyl vania; John Jay, of New York; and Herman Johnson, of Maryland ; to which was afterwards added J. Dickinson, of Pennsylvania, and Thomas Jefferson, of Virginia. 88 THE BIRTH OF THE REPUBLIC. The following are extracts: "If it was possible for men who exercise their reason, to believe that the Divine Author of our existence intended a part of the human race to hold an absolute property in and an unbounded power over others marked but, by His infinite goodness and wisdom, as the objects of a legal dominion never rightfully resistible, however severe and oppressive, the inhabitants of these Colonies might at least require from the Parliament of Great Britain some evidence that this dreadful authority over them has been granted to that body. But a reverence for our great Creator, principles" of hu manity, and the dictates of common sense, must convince all those, who reflect upon the subject, that government was instituted to promote the welfare of mankind, and ought to be administered for the attainment of that end. The legis lature of Great Britain, however, stimulated by an inordi nate passion for a power not only unjustifiable, but which they know to be peculiarly reprobated by the very constitu tion of that kingdom, and desperate of success in any mode of contest where regard should be had to truth, law, or right, have at length, deserting those, attempted to effect their cruel and impolitic purpose of enslaving these Colo nies by violence, and have thereby rendered it necessary for us to close with their last appeal from reason to arms. ''Yet, however blinded that assembly may be by their in temperate rage for unlimited domination, so to slight justice and the opinion of mankind, we esteem ourselves bound by obligations of respect to the rest of the world, to make known the justice of our cause. "But why should we enumerate our injuries in detail ? By one statute it is declared that Parliament can ' of right, make laws to bind us in all cases whatsoever.' What is to defend us against so enormous, so unlimited, a power? Not a single man of those who assume, it is chosen by us, or is subject to our control or influence ; but on the contrary, they are all of them exempt from the operation of such laws and an American revenue, if not diverted from the ostensible pur poses for which it is raised, would actually lighten their own burdens in proportion as they increase ours. We saw the misery to which such despotism would reduce us. We for ten years incessantly and ineffectually besieged the throne as supplicants; we reasoned, we remonstrated, with Parlia ment in the most mild and decent language." After enumerating the several acts of aggression upon Colonial rights, and especially the actual war upon Massa chusetts, the Declaration concludes, as follows: "We are reduced to the alternation of choosing an uncon ditional submission to the tyranny of irritated Ministers or resistance by force. The latter is our choice. "We have counted the cost of this contest, and find noth- THE BIRTU OF THE REPUBLIC. 89 ing so dreadful as voluntary slavery. Honor, justice, and humanity forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our inno cent posterity have a right to receive from us. We cannot endure the infamy and guilfc of consigning succeeding genera tions to that wretchedness which inevitably awaits them if we basely entail hereditary bondage upon them. Our cause is just. Our union is perfect. Our internal resources are great, and, if necessary, foreign assistance is undoubtedly attainable. We gratefully acknowledge, as signal instances of Divine favor towards us, that His Providence would not permit us to be called into this severe controversy until we were grown up to our present strength, had been previously exercised in warlike operations, and possessed of the means of defending ourselves. "With hearts fortified by these animating reflections, we most solemnly, before God and the world, declare that, ex erting the utmost energy of those powers which our benefi- cient Creator hath graciously bestowed upon us, the arms we have been compelled by our enemies to assume, we will, in defiance of every hazard, with unabating firmness and perseverance, employ for the preservation of our liberties, being with one mind resolved to die freemen rather than live slaves. "Lest this declaration should disquiet the minds of our friends and fellow-subjects in any part of the empire, we assure them that we mean not to dissolve that union which has so long and so happily subsisted between us, and which we sincerely wish to be restored. "Necessity has not yet driven us into that desperate meas ure, or induced us to excite any other nation to war against them. "We have not raised armies with ambitious designs of separating from Great Britain and establishing independent states. We fight not for glory or for conquest. We exhibit to mankind the remarkable spectacle of a people attacked by unprovoked enemies without any imputation or even suspicion of offence. "They boast of their privileges and civilization, and yet proffer no milder conditions than servitude or death. "In our own native land, in defence of the freedom that is our birthright, and which we ever enjoyed until the late viola tion of it, for the protection of our property, acquired solely by the honest industry of our forefathers and ourselves, against violence actually offered, we h ave taken up arms. We shall lay them down when hostilities shall cease on the part of the aggressors, and all danger of their being renewed shall be removed, and not before. With an humble confi dence in the mercies of the Supreme and Impartial Judge and Ruler of the universe, we most devoutly implore His 90 THE BIRTH OF THE REPUBLIC. Divine goodness to protect us happily through this great con flict, to dispose our adversaries to reconciliation on reason able terms, and thereby to relieve the empire from the ca lamities of civil war." At this session the Congress adopted a petition to the King in the usual style of such papers, complaining of the meas ures of the Ministry and justifying the defensive measures of the Colonies. It is signed by all the delegates present, except the representation of the single parish of Georgia. On the same day Congress adopted an elaborate address to the inhabitants of Great Britain, complaining of the ar bitrary and unjust policy of the British Parliament, and ap pealing to them as "friends, countrymen, and brethren." On the 13th July the Congress agreed upon a speech to be read in their name to the six nations of Indians ; and on the 28th an address to the people of Ireland was adopted in jus tification of their measures of resistance. After other proceedings in reference to defensive measures, the Congress adjourned August 1st to September 5th. The Congress met again September 5th, according to ad journment. Its proceedings for the most part were of a business nature. The following spirited paragraph is extracted from the re port of a committee, adopted by the body on the 6th of De cember : " The Congress resumed the consideration of the report of the committee on proclamations, which, being debated by paragraphs, was agreed to as follows : "We, the delegates of the thirteen united Colonies in North America, have taken into our most serious considera tion a proclamation issued from the Court of St. James on the 23d day of August last. The name of Majesty is used to give it a sanction and influence, and on that account it be comes a matter of importance to wipe off in the name of the people of these united Colonies the aspersions which it is cal culated to throw upon our cause, and to prevent as far as possible the undeserved punishments which it is designed to prepare for our friends. We are accused of * forgetting the allegiance which we owe to the power that has protected and sustained us.' Why, all this ambiguity and obscurity in what ought to be so plain and obvious that he who runs may read it ! What allegiance is it that we forget ? Alle giance to Parliament ? We never owed, we never owned, it. Allegiance to our King ? Our words have ever avowed it ; our conduct has ever been consistent with it. We condemn, and with arms in our hands (a resource which freemen will never part with) we oppose, the claim and exercise of uncon stitutional powers, to which neither the Crown nor Parlia ment were ever entitled. By the British Constitution, our best inheritance, rights as well as duties descend upon us, THE BIRTH OF THE REPUBLIC. 91 We cannot violate the latter by defending the former. We should act in diametrical opposition to both if we permitted the claims of the British Parliament to be established and the measures pursued in consequence of those claims to be carried into execution among us." Certain resolutions offered by Eichard Henry Lee, of Vir ginia, June 7, 1776: " Resolved, That these United Colonies are, and of right ought to be free, and independent States ; that they are ab solved from all allegiance to the British Crown, and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved. " That it is expedient forthwith to take the most effectual measures for forming foreign alliances. " That apian of confederation be prepared and transmitted to the respective Colonies for their consideration and appro bation being moved and seconded, " Resolved, That the consideration of them be deferred till to-morrow morning ; and that the members be enjoined to attend punctually at ten o'clock, in order to take the same into consideration." Agreeable to order, the Congress resolved itself into a com mittee of the whole to take into their further consideration the resolutions to them referred ; and after some time spent thereon, the President resumed the chair, and Mr. Harrison, of Virginia, reported that the committee have had under consideration the matters referred to them, and have come to a resolution thereon, which they directed him to report. The resolution agreed to in the committee of the whole being read, "Resolved, That the consideration of the first resolution be postponed to Monday, the 1st day of July next ; and in the mean while that no time be lost in case the Congress agree thereto that a committee be appointed to prepare a declaration to the effect of the said first resolution, which is in these words : ' That these united Colonies are, and of right ought to be, free and independent States ; that they are absolved from all allegiance to the British Crown ; and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.' "Resolved, That the committee be discharged." Dr. Benjamin Franklin, John Adams, and Thomas Jeffer son were appointed on the committee to prepare the Decla ration. It was drawn by Mr. Jefferson. " Wednesday, July 3, 1766. "Agreeable to the order of the day, the Congress resolved it self into the committee of the whole to take into their further consideration the Declaration ; and after some time the Presi dent resumed the chair, and Mr. Harrison reported that the 92 THE BIRTH OF THE REPUBLIC. committee, not having yet gone through it, desired leave to sit again. "Resolved, That this Congress will to-morrow again re solve itself into a committee of the whole to take into their further consideration the Declaration of Independence." DECLARATION OF INDEPENDENCE. "Thursday, July 4, 1776. " Agreeable to the order of the day, the Congress resolved itself into a committee of the whole, to take into their further consideration the Declaration ; and after some time, the Pres ident resumed the chair, and Mr. Harrison reported that the committee have agreed to a declaration, which they desired him to report. 4 ' The Declaration being read, was agreed to as follows : " A Declaration by the Representatives of the United States of America in General Congress Assembled : " When, in the course of human events, it becomes neces sary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the sep aration. " We hold these truths to be self-evident : That all men are created equal; that they are endowed by their Creator with certain unalienable rights ; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to insti tute a new government, laying its foundations on such prin ciples, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long estab lished should not be changed for light and transient causes ; and accordingly all experience hath shown that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpa tions, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these Colonies ; and such is now the ne- TEE BIRTH OF THE REPUBLIC. 93 cessity which constrains them to alter their former system of government. " The history of the present King of Great Britain is a his tory of repeated injuries and usurpations, all having in di rect object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a can did world : "He has refused his assent to laws the most wholesome and necessary for the public good. 4 ' He has forbidden his Governors to pass laws of immediate and pressing importance, unless suspended in their opera tion till his assent should be obtained; and when so sus pended, he has utterly neglected to attend to them. " He has refused to pass other laws for the accommodation of large districts of people unless those people would relin- giuish the right of representation in the legislature a right inestimable, and formidable to tyrants onljr. " He has called together legislative bodies at places un usual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. " He has dissolved representative houses repeatedly for op posing with manly firmness his invasions on the right of the people. "He has refused, for a long time after such dissolutions, to cause others to be elected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise, the state remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within. "He has endeavored to prevent the population of these States; for that purpose obstructing the laws for natural ization of foreigners ; refusing to pass others to encourage their migrations hither, and raising the conditions of new appropriations of lands. " He has obstructed the administration of justice by refus ing his assent to laws for establishing judiciary powers. " He has made judges dependent on his will alone for the tenure of their offices and the amount and payment of their salaries. " He has erected a multitude of new offices, and sent hither swarms of officers to harass our people and eat out their sub stance. "He has kept among us in times of peace, standing ar mies, without the consent of our legislature. "He has affected to render the military independent of and superior to the civil power. " He has combined with others to subject us to a jurisdic tion foreign to our constitution and unacknowledged by 94 THE BIRTH OF THE REPUBLIC. our laws ; giving his assent to their acts of pretended legis lation : " For quartering large bodies of armed troops among us; * ' For protecting them by a mock trial from punishment, for any murders which they should commit on the inhabi tants of these States ; "For cutting off our trade with all parts of the world; " For imposing taxes on us without our consent; " For depriving us in many cases of the benefits of trial by jury ; 4 ' For transporting us beyond seas to be tried for pretended offences ; " For abolishing the free system of English laws in a neigh boring Province, establishing therein an arbitrary govern ment, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same ab solute rule into these Colonies ; "For taking away our charters, abolishing our most valu able laws, and altering fundamentally the powers of our government; " For suspending our own legislatures, and declaring them selves invested with power to legislate for us in all cases whatsoever. "He has abdicated government here by declaring us out of his protection, and waging war against us. "He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. "He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun, with circumstances of cruelty and perfidy scarcely parallelled in the most barbarous ages, and totally unworthy the head of a civilized nation. " He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. " He has excited domestic insurrections amongst us, and has endeavored to bring, on the inhabitants of our frontiers, the merciless Indian savages, whose known rules of warfare is an undistinguished destruction of all ages, sexes, and con ditions. " In every stage of these oppressions we have petitioned for redress in the most humble terras; our repeated petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant is unfit to be the ruler of a free people. "Nor have we been wanting in attentions to our British brethren. We have warned them from time to time of at tempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the cir- THE BIRTH OF TEE REPUBLIC. 95 cumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably inter rupt our connections and correspondence. They too have been deaf to the voice of justice and consanguinity. We must therefore acquiesce in the necessity which denounces our separation, and hold them as we hold the rest of man kindenemies in war, in peace friends. "We, therefore, the representatives of the UNITED STATES OF AMERICA, in general Congress assembled, appealing to the Supreme Judge of the world for the recti tude of our intentions, do, in the name and by the authority of the good people of these Colonies, solemnly publish and declare, That these united Colonies are, and of right ought to be, free and independent states ; that they are absolved from all allegiance to the British crown, and that all politi cal connection between them and the state of Great Britain is and ought to be totally dissolved ; and that, as free and independent states, they have full power to levy war, con clude peace, contract alliances, establish commerce, and do all other acts and things which independent states may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each our lives, our fortunes, and our sa cred honor." " The foregoing Declaration was, by order of Congress en grossed, and signed by the following members : JOHN HANCOCK. New Hampshire. Delaware. Josiah Bartlett, Csesar Rodney, William Whipple, George Read, Matthew Thornton. Thomas M'Kean. Rhode Island. Stephen Hopkins, Maryland. William Ellery. . _.. Samuel Chase, Connecticut. "\Yilliam Paca, Roger Sherman, ^omas Stone, ^ n Samuel Huntin^ton, Charles Carroll, of Carroll- William Williams, ton- Oliver Wolcott. Massachusetts Bay. New YorJc - Samuel Adams, William Floyd, John Adams, Philip Livingston, Robert Treat Paine, Francis Lewis, Elbridge Gerry. Lewis Morris, 96 THE BIRTH OF THE REPUBLIC. New Jersey. Thomas Jefferson, Richard Stockton, Benjamin Harrison, John Witherspoon, Thomas Nelson, Jr., Francis Hopkinson, Francis Lightfoot Lee, John Hart, Carter Braxton. Abraham Clark. North Carolina , Pennsylvania. William Hooper, Robert Morris, Joseph Hewes, Benjamin Rush, John. Penn. Benjamin Franklin, John Morton, South Carolina. George Clymer, Edward Rutledge, James Smith, Thomas Hey ward, Jr., George Taylor, Thomas Lynch, Jr., James Wilson, Arthur Middleton. George Ross. Georgia. Virginia. Button Gwinnett, George Wythe, Lyman Hall. Richard Henry Lee, George Walton. " Resolved, That copies of the Declaration be sent to the several assemblies, conventions, and committees, or coun cils of safety, and to the several commanding officers of the continental troops; that it be proclaimed in each of the United States, and at the head of the army." CHAPTER IV. MOVEMENTS IN THE COLONIES. Massachusetts. A REPORT made to the House of Lords on the 20th April, 1774, has become, in the light of subsequent history, an im perishable monument to the irrepressible love of liberty, as well as the unconquerable spirit of the people of Massachu setts. The introductory lines of this elaborate document will con vey a clear notion of its character arid contents. They are as follows: ."The Earl of Buckinghamshire reported from the lords committee appointed to inquire into the several proceed ings in the Colony of Massachusetts Bay, in opposition to the sovereignty of his Majesty, in his Parliament of Great Brit- THE BIRTH OF THE REPUBLIC. 97 ain, over that Province, and also what has passed in this House relative thereto from the first day of January, 1764." The report proceeds to recite the several acts of Parlia ment affecting the Colonies, the resolutions of the lords, the proclamations of the King, the speeches from the throne, and the responsive addresses of the lords. It also quotes from or states the substance of the proceedings of the Assem bly of Massachusetts Bay, the resolutions of county and town meetings, and relates the acts of mob violence which occurred in Boston. The report is, in substance, one long indictment against the people of Massachusetts, based on allegations which every son of the State then and now would be proud to ad mit the truth of. It would occupy far too much space for me to quote all the facts complained of by the committee; and I only copy the more striking statements, and make brief references to the remainder. Their first complaint is as follows : "The committee, having perused the report of the Board of Trade of the llth day of December, 1764, and the papers laid before his Majesty therewith, find in the said papers the strongest assertions, by the Assembly of the Massachusetts Bay, of their sole right to pass laws, particularly of taxa tion ; and of their resolution to invite the other Colonies to combine with them in measures to prevent the King, in his Parliament, from passing any such laws. For instance, in a letter to Mr. Mauduit, then agent of the Province, which was drawn up by a committee of the House of Representa tives, and afterwards approved by the House, they used the following expressions : ' The silence of the Province should have been imputed to any cause, even to despair, rather than be construed into a tacit cession of their rights, or an acknovyledgment of a right in the Parliament of Great Brit ain to impose duties and taxes upon a people who are not represented in the House of Commons;' and in the same let ter they avowed and authenticated the doctrines advanced in a certain pamphlet, entitled 'The Rights of the British Colonies Asserted and Proved,' written by James Otis, Esq., which pamphlet, amongst other things, says: 'That the im position of taxes, whether on trade or on lands, on houses or ships, on real or personal, fixed or floating, property in the Colonies, is absolutely irreconcilable with the rights of the colonists, as British subjects, and as men.' " It appears to the committee, from the votes of the House of Representatives of the Colony of Massachusetts Bay, of the 6th of June, 1765, that they came to a resolution, ' That it was highly expedient there should be a meeting, as soon as might be, of committees from the Houses of Representa tives or Burgesses, in the several Colonies on the American continent,' to consult on their then present circumstances, 98 THE BIRTH OF THE REPUBLIC. and the difficulties to which they were reduced by the opera tion of the late acts of Parliament for levying duties on the Colonies, and to consider of a general address to his Majesty and the Parliament, to implore relief; and that letters should be forthwith prepared and transmitted to the respective speakers of the several Assemblies, to invite them to accede to this proposition ; and, further, that on the 8th of June they did actually elect three persons to be their committees, and also voted 450 to bear their expenses." They next give an account of the destruction of the stamps by the people of Boston, in August, 1765 ; but of this event I have presented a full history in preceding parts of this com pilation. These violent proceedings in regard to the stamps, which began in Boston, August 15th, and were followed up by all of the Colonies, one after another, caused the King and Parliament to halt in their despotic career. The Stamp Act was repealed ; and, what is still more remarkable, an act was passed to render valid all legal instruments which had been executed on unstamped paper in America during the exist ence of that odious law. ** The committee find that, on the meeting of the As sembly of the Province of Massachusetts Bay, on the 28th of January, 1767, a message was sent to the Governor from the House of Representatives, desiring to be informed, 'Whether any provision had been made at the expense of that govern ment for the King's troops, lately arrived in the harbor of Boston ;' and that after having had the minutes of Council (by which it expressly appeared that the provision for the artillery companies at the castle was made in pursuance of the then late act of Parliament) laid before them, they re plied that, ' In giving orders, with the advice of the Coun cil, for making provisions for the artillery companies at the castle, the Governor had acted in an essential point against the plain intent of the charter, by which alone, and that only, according to such acts as are or may be in force with in this province, the Governor and Council were authorized to issue money out of the treasury ;' adding, * That it was still more grievous to them to find the Governor stating, as the foundation of the proceeding, a late act of Parliament, which to them appeared as great a grievance as the Stamp Act, which took away the unalienable right of freedom from all taxation, but such as they should voluntary consent to and grant.' " The committee call attention to another circular-letter of the Massachusetts House of Representatives, of the date of 1768, in which an appeal is made to the Assemblies of other Colonies for co-operation in protesting against the acts of Parliament which imposed duties on the Colony. "The committee complain that the people of Massachu- THE BIRTH OF THE REPUBLIC. 99 setts, in the election of the Council, in 1766, '67, and '68, ' left out all the Crown officers.' 44 The committee narrate at seme length the circumstances attending the seizure by the Collector and Comptroller of the Customs, of the sloop Liberty, the property of John Han cock, of Boston. This happened on the 9th of May, 1768. It * occasioned a most violent tumult ; the Collector and Comptroller, with the son of the Collector, were attacked by a numerous and outrageous mob, who beat and abused them in a most cruel manner; and in the night attacked their houses, broke the windows, seized on a boat belonging to the Collector, which they carried away in triumph, and afterwards burnt. The commissioners of the customs, ex pecting the same treatment, the riot still continuing, thought it prudent to retreat for safety till midnight with their fami lies to the houses of some persons in the neighborhood ; and afterwards, upon conviction that their lives were in danger, took refuge on board his Majesty's ship the Eomney, then in the harbor of Boston, and for their further security, from thence into Castle William.' " The commissioners, from their retreat in the castle, ap plied several times to the Governor, Sir Francis Bernard, for protection. But the tone of his reply shows entire help lessness on his part, as well as a degree of timid acquies cence in what was deemed inevitable. At length, on the 22d of July, he referred the letter to the Council, which body fully resolved ' That the disorders which happened were occasioned by the violent and unprecedented manner in which the sloop Liberty had been seized by the officers of the customs.' "Two regiments were sent to Boston in consequence of these events, to support the civil power and preserve the peace; but this proceeding was the source of new disorders. The troops were cautioned against quarrelling with the townspeople, ' by whom they complained they had been fre quently ill-treated and insulted.' Nevertheless, violent col lisions occurred between the troops and the citizens, which caused the latter to be fired upon, and several were killed. At a town meeting, on the 12th September, 1768, the free holders and inhabitants of Boston declared, by resolution, that the taxation of the Colony by the British Parliament was a violation of the charter and of natural right. They also resolved, as the Governor refused to call the Assembly together, that a committee of their number should be elected to meet committees from the other towns of the Province, in convention, "in order that such measures might be consulted and advised as his Majesty's service, and the peace and safety of his subjects in the Province, might require. " They also voted that ' ' every listed soldier " ' ' shall always be provided with a well-fixed fire-locn musket, ac- 100 THE BIRTH OF THE REPUBLIC. coutrement, and amunition." This was based on the appre hension of a war with France. The select-men, by instruction of this town meeting, ad dressed a long circular-letter to the other towns, in which their common grievances were set forth, and in which they were called on to send delegates, or, as they are called, committees, to meet in a Provincial convention for the pur pose of devising measures of redress. The proposed con vention was to assemble on the 22 of September. At this point I leave the report of the committee for a while, in order to refer to the proceedings of this convention. It met in Faneuil Hall, according to Barry, at the ap pointed time, September 22d, 1768. He says: "The convention called by the people of Boston met ac cording to appointment ; and, on the first day, about seventy persons appeared, the representatives of sixty-six towns. This number was increased by daily arrivals, until ninety- six towns and eight districts, nearly every settlement in i the Province, was represented. Otis was at first absent ; and Thomas Gushing, the speaker of the House, was chosen moderator, and the clerk of the House was chosen clerk of the convention." "They have committed treason," shouted the officers of the Crown. " At least the select-men of Boston have done so." "Boston," wrote Gage, " is mutinous; its resolves are treasonable and desperate," etc. The convention petitioned the Governor to "cause an Assembly to be immediately convened. " This he declined to do, on the ground that it would be an admission of the le gality of the body. He advised the members to separate at once, and, if they failed to do so, he would assert the preroga tive of the Crown, and those who persisted in usurping its rights, would be made to " repent their rashness." " But," says the historian, ' ' the message was received with deri sion." The convention continued in session six days, and re peated the protest of the people against the taxation of the Colonies by Parliament, against a standing army, and against the danger to the "liberties of America, from a unit ed body of pensioners and soldiers;" and, after renting their petition to the King, which their agent was enjoined to deliver in person, as soon as possible, they dissolved. "Some feared, others hoped, for much more serious conse quences from this extraordinary assembly." But its mem bers, aware of the necessity of prudence, displayed in all their proceedings remarkable caution, and when the result of their labors was transmitted to England, though many would gladly have seized upon the slightest flaw to justify their exemplary punishment, "no traces of high treason could be found in what had been done." THE BIRTH OF THE REPUBLIC. 101 The Boston town meeting, and the convention which it called into being, caused great indignation among the gov erning party in England. The King, in his speech, November 8th, refers to it as fol lows: "The capital town of which Colony appears, hy late advices, to be in a state of disobedience to all law and gov ernment, and has proceeded to measures subversive of the Constitution, and attended with circumstances that manifest a disposition to throw off their dependence on Great Brit ain." The lords responded Amen to this speech; and on the 15th December (I again quote this committee's report), they resolved, ' ' That the declarations, resolutions, and proceedings in the town meeting at Boston on the 14th of June and 12th of Sep tember were illegal and unconstitutional, and calculated to excite sedition and insurrection in his Majesty's Province of Massachusetts Bay. " That the appointment, at the town meeting on the 12th of September, of a convention to be held in the town of Bos ton on the 22d of that month to consist of deputies from the several towns and districts in the Province of Massa chusetts Bay, and the issuing a precept, by the select-men of the town of Boston, to each of the said towns and districts, for the election of such deputies, were proceedings subver sive of his Majesty's government, and evidently manifesting a design in the inhabitants of the said town of Boston to set up a new and unconstitutional authority, independent of the Crown of Great Britain. That the elections, by several towns and districts in the Province of Massachusetts Bay, of deputies to sit in the said convention, and the meeting of such convention in conse quence thereof, were daring insults offered to his Majesty's authority, and audacious usurpations of the powers of gov ernment"." The first of these series of resolutions declares that the votes, resolutions, and proceedings of the House of Repre sentatives of Massachusetts Bay, in the months of January and February of the same year (1768), so far as they deny the right of the King and Parliament to make laws binding upon the Colonies in all cases whatsoever, "are illegal, un constitutional, and derogatory of the rights of the Crown and Parliament of Great Britain." The second of these resolutions declares that the resolu tions of the Massachusetts Assembly in January preceding, which provide for sending delegates to a general convention of the Colonies, and which deny the validity of acts of Par liament, etc., u are proceedings of a most unwarrantable and dangerous nature, calculated to inflame the minds of his Majesty's subjects in the other Colonies, tending to create 102 THE BIRTH OF THE REPUBLIC. unlawful combinations, repugnant to the laws of Great Brit ain, and subversive of the Constitution." On the same day an humble address was voted to his Maj esty, ' ' to express our sincere satisfaction in the measures his Majesty has pursued for supporting the constitution, and inducing a due obedience to the authority of the leglis- lature." The measures here refered to which gave such satisfaction to their lordships were not unlike those recom mended by Dr. Franklin, in his humorous letter addressed to the rulers of England, in which he points out the most effective plan for reducing a great empire to a small one. The House of Commons, on the 9th of February, 1769, re turned the resolutions and address of the lords, with some amendments, which the latter boiy agreed to. The committee whose elaborate report I am quoting from naively remark that "It doth not appear to the committee that the censure of the proceedings in the Province of Mas sachusetts Bay, and of the conduct of the Council and other civil magistrates, expressed by both Houses of Parliament in their resolutions, and their approbation of the measure of sending troops thither to support and protect the magis trates, and the officers of the revenue, produced the good effect that might reasonably have been hoped for." One would have supposed that observations such as the above might have led the committee to the conclusion that a change of policy was necessary ; but the effect was to confirm their lordships, as well as the King and Parliament, in the notion that the same tyrannical policy should be persisted in and carried to greater extremes of harshness. This fatal delusion is always sure to possess the minds of men who are in the exercise of arbitrary power. The Parliamentary committee complain that the " Meet ings of the associators were represented to have been held in as regular a manner as any other meeting authorized by the Constitution. Committees were appointed to examine the cargoes of aU vessels arriving from Great Britain ; and, regular votes and resolutions of censure were passed in these meetings upon all such as refused to concur in those unlawful associations; their names were published in the Sublic newspapers as enemies to their country ; and the man- ates and decrees of those committees meet with a respect and obedience denied to the constitutional authority of gov ernment. In some cases, goods imported from Great Britain were locked up in warehouses, under the care of these com mittees, in order to prevent their being sold, and in one or two instances they were reshipped to Great Britain." On the 31st of May the General Assembly sent a message to the Governor, complaining of the presence of troops in the town of Boston, and ships in the harbor, and calling on him to have them sent away, as their presence was incom- THE BIRTH OF THE REPUBLIC. 103 patible with the dignity and independence of the Assembly. The Governor replied that he had no control over the troops or the ships; to which the Assembly, on the 31st of June, made answer that, "By the principles of the Constitution, the Governor of the Colony had the absolute military com mand ; that the sending a military force there to enforce the execution of the laws is in consistent with the nature of govern ment and the spirit of a free constitution ; that the unwilling ness, of a people in general, that a law should be executed was a strong presumption of its being an unjust law ; that it could not be their law, as the people must consent to laws before they can be obliged, in conscience, to obey them." On the 8th of July the Assembly passed resolutions de- the rights of British subjects, as thereby the inestimable privilege of being tried by a jury from the vicinage, as well as the liberty of summoning and producing witnesses on such trials, will be taken away from the party accused." The Parliamentary committee give the substance of a letter from Lieutenant-governor Hutchinson, of March 27, 1770, who lamented that when the troops were in Boston they were of no use in enforcing the laws in cases of riot, as no civil magistrate would have called on them, for fear of being driven from the town. Hutchinson, in a letter of April 27. 1770, complains of the associators that they would not tolerate the sale of what they called contraband goods that is to say, such as were not enumerated in their schedule ; that tea from Holland might be sold, but that it was a high crime to sell any from England; " that several of the importers pleaded that they should be utterly ruined, but the Boston zealots had no bowels, and gave for answer, that, if a ship was to bring in the plague, nobody would doubt what was to be done with her; but the present case is much worse than that." In the same letter Hutchinson observes " that the Boston principles obtain more and more in the remote parts of the Province, and the Representatives of seven eighths of the towns appear, in the present session, to be favorers of the non -importation measures." He states, however, that, when the resolutions and addresses of Parliament first came to hand, they had a terrifying effect upon the popular leaders and the press ; but after a few weeks, when they found that the vigorous measures were relaxed, "they became more assuming and tyrannical than before." In 1771, July 5th, the Assembly declare that " they know of no commissioners of his Majesty's customs, nor of any revenue his Majesty has a right to establish, in North Amer ica; that they know and feel a tribute levied and extorted 104 THE BIRTH OF THE REPUBLIC. from those who, if they have property, have a right to the absolute disposal of it." The Parliamentary committee quote the address of the select-men of Boston to the Governor, of October 28, 1772, in which they earnestly protest against the recent act of Parliament which applied the revenues of the Province to the payment of fixed salaries to the judges of the Superior Court, and the attorney and solicitor-general, in violation of the Charter. At the same meeting, a committee for correspon dence with the other towns of the Province was established. On the 25th January, 1773, the Council, in its answer to the Governor, declare, " They are of opinion that the Parlia ment cannot constitutionally levy taxes, in any form, on his Majesty's subjects in that Province." THE BOSTON TEA PARTY. The Parliamentary committee give the following account of the destruction of the tea in Boston Harbor ; and of the preliminary proceedings and acts of violence of the town's people which led to it: " The committee of correspondence appear to have used their utmost endeavors to work up the minds of the people not only for their own, but also the southern governments, to prevent the importation of teas from the East India Com pany ; and accordingly, on the 3d of November, 1773, a mob of about five hundred persons committed several outrageous acts of violence against the persons to whom it was expected the tea in question would be consigned ; insisting that they should engage and promise not to receive or sell it ; that if they did, they would be voted enemies to their country, and must expect to be treated as such hereafter. They then forced open the doors of the warehouses of Mr. Clark, and tore them off the hinges, and entered with great violence, attempting to force their way to the counting-house, but were driven back by the persons who were in it. " A committee then of the freeholders and other inhabit ants attended Messrs. Thomas and Elisha Hutchinson, sup posed to be two of the consignees, and requested them to resign their appointment, and, upon their refusing, voted their answer unsatisfactory. Governor Hutchinson did everything in his power, without the Council, for the pres ervation of the peace and good order of the town, and thought that, if he had the aid Council might have given, his endeavors would have been more effectual. *' On the 7th of November, 1773, a large number of people beset the house of Mr. Hutchinson, but, not finding him at home, proceeded to Mr. Clark's, another of the consipniees, where they committed great disorders broke the glasses TEE BIRTH OF THE REPUBLIC. 105 and frames of the windows, and did considerable damage. After this riot, the Governor immediately summoned a Coun cil, and laid before them the necessity of some measures be ing taken ; but the Council declined advising or directing any measures for landing the tea, suggesting that then they would of course advise to a measure for procuring the payment of the duty, and therefore be advising to a measure inconsistent with the declared sentiment of both Houses in the last winter session of the General Court, which they ap prehended to be altogether inexpedient and improper. " After the arrival of a ship loaded with tea, a meeting of the people of Boston and the neighboring towns was held on the 29th of November, and continued, by adjournment, till the next day, when a motion was made and agreed to, nem. con., that the tea should be not only sent back, but that no duty should be paid thereon. "It was also voted, nem. con., that Mr. Rotch, owner of the vessel, and Captain Hall, the master of the ship, at their peril, should not suffer any of the tea to be landed ; it was also voted that Governor Hutchinson's conduct in request ing the justices of the peace to meet to suppress all riots and unlawful assemblies carried a designed reflection upon the people there met, and was solely calculated to serre the views of administration. They afterwards voted that the tea brought by Captain Hall should be returned by Mr. Rotch to England, in the same botton in which it came. It was also voted, nem. cow., that six persons should be appointed to give due notice to the towns in the country, when they should be required so to do, upon any important occasion. " They also resolved that, if any person or persons should hereafter import any tea from Great Britain, or if any master or masters of any vessel or vessels in Great Britain should take the same on board to be imported to that place, until the said unrighteous act should be repealed, he or they should be deemed by that body an enemy to his country ; and that they would prevent the landing and sale of the same, and the payment of any duty thereon ; and that they would effect the return thereof to the place from whence it came. "They also resolved that these their votes be printed and sent to England and all the sea ports in the province. Before they separated, they voted that their brethren in the country should be desired to give their assistance upon the first notice that should be given. " After the dissolution of this assembly of the people, what is called the committee of correspondence called in commit tees of other towns, kept up a military watch and guard every night to prevent the landing any teas, and appeared to be the executioners of the resolves and orders passed at the aforesaid assembly. 106 THE BIRTH OF THE REPUBLIC. "The consignees haying retired to the castle, the owner of the first ship that arrived was the principal person applied to, and he was sent for repeatedly by these committees, and was frequently required to send back the ship with the teas. He pleaded ' that he could not get a clearance at the custom house nor a pass for the castle ; and that, if he should be able to get his ship out of the harbor, both ship and cargo would be forfeited in every part of the King's dominions.' This was not thought satisfactory, and the next morning another assembly of the people met and chose a moderator. At this meeting it was determined that Mr. Eotch, the owner of the ship, should demand at the custom-house a clearance of the teas for England, which was done the 15th, when the collector and comptroller refused to grant it. ' ' He then was obliged to demand a permit from the naval office to pass the castle ; afterwards he was sent to the Gov ernor to apply to him for the permit, who soon satisfied him that no permit could be granted until the vessel was regularly cleared. He returned to town that evening, and reported this answer to the meeting. Immediately where upon, numbers of the people cried out, ' A mob ! a mob !' left the house, repaired to the wharfs where three of the vessels lay aground, having on board three hundred and forty chests of tea, and in two hours' time it was totally destroyed. A sufficient number of people for doing the work were dis guised, and these were surrounded by numbers, as well of the inhabitants of Boston, as of other towns. "The committee observe that many persons of considera tion in the town of Boston took the lead in the proceedings of this meeting, for whose names they beg leave to refer your lordships to the papers themselves." This affair drew forth from the King "under his royal sign manual," a letter to Parliament, and that body pro ceeded to pass the famous "Boston Port Bill," closing the harbor against ingress or egress " for all goods, wares, and merchandise." THE BOSTON PORT BILL, This bill was approved by the King, March 31, 1774. It is entitled " An act to Discontinue, in such Manner and for such Time as therein Mentioned, the Landing and Discharg ing, Lading or Shipping, of Goods, Wares, and Merchandise, at the Town and within the Harbor of Boston, in the Prov- THE BIRTH OF THE REPUBLIC. 107 ince of Massachusetts Bay, in North America." The title of the act may be thought to indicate sufficiently its character and scope, without a recital of its provisions; but for the convenience of reference, the principal sections are presented below. The preamble alleges " dangerous commotions and insurrections," in which "valuable cargoes of teas, being the property of the East India Company, and on board cer tain vessels lying within the bay or harbor of Boston, were seized and destroyed," as the reason, for the passage of the act. A proviso excepts, from the general prohibition of com merce, "any fuel or victual brought coastwise from any part of the continent of America, for the necessary use and sustenance of the inhabitants of the said town of Boston." Extracts From the Bill. " Anno Decimo-Quarto Geqrgii III., Regis. "An Act to Discontinue, in such Manner and for such Time as are therein Mentioned, the Landing and Discharging, Lading or Shipping, of Goods, Wares, and Merchandise at the Town and within the Harbor of Boston, in the Province of Massachusetts Bay, in North America. Approved March 31, 1774. " Whereas, dangerous commotions and insurrections have been fomented and raised in the town of Boston, of Massa chusetts Bay, in New England, by divers ill-affected persons, to the subversion of his Majesty's government, and to the utter destruction of the public peace and good order of the said town, in which commotions and insurrections, certain valuable cargoes of tea, being the property of the East India Company, and on board certain vessels lying within the bay or harbor of Boston, were seized and destroyed ; and, whereas, in the present condition of the town and harbor, the commerce of his Majesty's subjects cannot be safely car ried on there, nor the customs payable to his Majesty duly- collected ; and it is therefore expedient that the officers of his Majesty's customs should be forthwith removed from the said town; may it please your Majesty that it may be enacted, and be it enacted by the King's most excellent Maj esty, by and with the advice and consent of the lords, spir itual and temporal, and commons in this present Parlia ment assembled, and by the authority of the same, that from and after the first day of June, 1774, it shall not be lawful for any person or persons whatsoever to lade or put, or cause, or procure to be laden or put off or from any quay, wharf, or other place within the said town of Boston, or in or upon any part of the shore of the bay commonly called the harbor of Boston, between a certain headland or point called Nahant Point, on the eastern side of the entrance into the said bay, and a certain headland or point called 108 THE BIRTH OF THE EEPTTBLIG. Alderton Point, on the western side of the entrance into the said bay, or in or upon any island, creek, landing-place, bank, or other place within the said bay or headland, into any ship, vessel, lighter, boat, or bottom any goods, wares, or merchandise whatsoever to be transported or carried into any other country, province, or place whatsoever, or into any other part of the said Province of the Massachusetts Bay, in New England; or to take up, discharge, or lay on land, or cause or procure to be taken up, discharged, or laid on land, within the said town, or in or upon any of the places aforesaid, out of any boat, lighter, ship, vessel, or bottom any goods, wares, or merchandise whatsoever, to be brought from any other country, province or place, or any other part of the said Province of the Massachusetts Bay, in New England, upon pain of forfeiture of the said goods, wares, and merchandise, and of the said boat, lighter, ship, vessel, or other bottom into which the same shall be put, or out of which the same shall be taken, and of the guns, ammunition, tackle, furniture, and stores in or belonging to the same ; and if any such goods, wares, or merchandise shall within the said town, or in the places aforesaid, be laden or taken in from the shore, into any barge, hoy, lighter, wherry, or boat to be carried on board any ship or vessel outward- bound to any other country or province, or other part of said Province of Massachusetts Bay, in New England, or be laden or taken into such barge, hoy, lighter, wherry, or out of any ship or vessel coming and arriving from any other country or province, or other part of the said Province of the Massachusetts Bay, in New England, such barge, hoy, lighter, wherry, or boat, shall be forfeited and lost. "And be it * further enacted, by the authority aforesaid, That if any wharfinger or keeper of any wharf, crane, or quay, or their servants, or any of them, shall take up or land, or knowingly suffer to be taken up or landed, or shall ship off, "or suffer to be shipped off, at or from any quay of the afore said wharfs, cranes, or quays any such goods, wares, or mer chandise ; in every such case, all and every such wharfingers, and keeper, of such wharf, crane, or quay, and every person whatsoever, who shall be assisting or otherwise concerned in the shipping, or in the loading or putting on board any boat or other vessel, for that purpose, or in the unshipping such goods, wares, and merchandise, or to whose hands the same shall knowingly come after the loading, shipping, or unshipping thereof, shall forfeit and lose treble the value thereof, to be computed at the highest price which such goods, wares, and merchandise shall bear at the place where such offence shall be committed at the time when the same shall be so committed, together with the vessel and boats, and all horses, cattle, and carriages whatsoever made use of in the THE BIRTH OF THE REPUBLIC. 109 shipping, unshipping, lading, removing, carriage, or convey ance of any of the aforesaid goods, wares, and merchandise. "Provided always, That nothing in the act contained shall extend, or be construed to extend, to any military or other stores for his Majesty's use, or to the ships or vessels whereon the same shall be laden, which shall be commissioned by and in the immediate pay of his Majesty, his heirs and succes sors ; nor to any fuel or victual brought coastways from any part of the continent of North America for the necessary use and sustenance of the inhabitants of the said town of Bos ton ; provided the vessel wherein the same are to be carried, shall be duly furnished with a cocket and let-pass after having been duly searched by the proper officers of his Majesty's customs at Marblehead, in the port of Salem, in the Province of Massachusetts Bay ; and the same officers of his Majesty's customs be also put on board the said vessel, who is hereby authorized to go on board and proceed with the said vessel, together with a sufficient number of persons properly armed for his defence, to the said town or harbor of Boston ; nor to any ships or vessels which may happen to be within the said harbor of Boston on or before the first day of June, 1774, and may have either laden or taken on board, or be there with intent to load or take on board, or to land or discharge, any goods, wares, or merchandise, provided the said ships and vessels do depart the said harbor within four teen days after the first day of June, 1774." The Parliamentary committee relate the particulars of "a most inhuman act of violence" committed by a mob, upon John Malcolm, a revenue officer, who had made a seizure of a vessel in the port of Falmouth, in Casco Bay. The mob doubtless acted very brutally ; but the committee say that it was composed entirely of the lower orders, and that Malcolm had indiscreetly at other times given provo cation to the people. He was tarred and feathered, and severely beaten. On the 1st of February, 1774, the House of Representatives of Massachusetts required the Chief Justice, Oliver, and the four Superior Court judges to declare "whether they would receive the grants of Assembly for their salaries, or accept their support from the Crown.'" The four judges consented to receive their salaries from the Province ; but the Chief Justice stated that he would continue to "accept his support from the Crown." On this statement the Assembly remon strated to the Governor and declared Oliver to be a public enemy. Failing to procure his removal, they voted to ad journ the court, which by law was to be held on the 15th of February, to the 22d of that month, to which the Governor refused his consent. On the 17th June, 1774, the House of Representatives, as has been noticed in the summary of the lords' report, ap- 110 THE BIRTH OF THE REPUBLIC. pointed the "Honorable James Bowdoin, Esq., the Honor able Thomas Gushing, Esq., Mr. Samuel Adams, John Adams, and Robert Treat Paine, Esquires, " a committee to meet the committees or delegates from other Colonies, at the city of Philadelphia, or any other place that might be deemed more suitable, on the 1st of September, " to consult upon the pres ent state of the Colonies, and the miseries to which they are and must be reduced by the operation of certain acts of Parliament respecting America; and to deliberate and determine upon wise and proper measures to be by them recommended to all the Colonies, for the recovery and es tablishment of their just rights and liberties, civil and relig ious, and the restoration of union and harmony between Great Britain and the Colonies, most devoutly desired by all good men." These proceedings are as follows: "The late Honorable House of Representatives of this Province having finished all the ordinary public business of importance that had been before them on Friday, June 17, 1774, came into the following resolutions, present 129 mem bers, and only 12 dissentients, viz. : "In the House of Representatives, June 17, 1774. " This House having duly considered, and being deeply af fected with, the unhappy differences which have long sub sisted and are increasing between Great Britain and the American Colonies, do resolve that a meeting of the com mittees from the several Colonies on this continent is highly expedient and necessary to consult upon the present state of the Colonies, and the miseries to which they are and must be reduced by the operation of certain acts of Parliament respecting America ; and to deliberate and determine upon wise and proper measures to be by them recommended to all the Colonies, for the recovery and establishment of their just rights and liberties, civil and religious, and the resto ration of union and harmony between Great Britain and the Colonies, most ardently desired by all good men. " Therefore resolved, That the Honorable James Bowdoin, Esq., the Honorable Thomas Gushing, Esq., Mr. Samuel Adams, John Adams, and Robert Treat Paine, Esquires, be and they are hereby appointed a committee on the part of this Province for the purposes aforesaid, any three of whom to be a quorum to meet such committees or delegates from the other Colonies as have been or may be appointed, either by their respective Houses of Burgesses or Representatives, or by convention, or by the committees of correspondence appointed by the respective Houses of Assembly, to meet in THE BIRTH OF THE REPUBLIC. Ill the city of Philadelphia, or any other place that shall be judged most suitable by the committee, on the 1st day of September next ; and that the speaker of the House be di rected, in a letter to the Houses of Burgesses or Representa tives, in the several Colonies, to inform them of the sub stance of these resolves. " And whereas, this House did resolve that there be paid to said committee out of the public treasury the sum of five hundred pounds, to enable them to discharge the important trust to which they are appointed, they upon their return to be accountable for the same. " And said resolve was sent up to the honorable board for their concurrence, who accordingly concurred in the resolve of the House; but his Excellency the Governor declined his consent to the same. " Wherefore this House would recommend, and they do ac cordingly hereby recommend, to the several towns and dis tricts within the Province, that each town and district raise, collect, and pay to the Honorable Thomas Gushing, Esquire, of Boston, the sum of five hundred pounds by the 15th day of August next, agreeable to a list herewith exhib ited, being each town and district's proportion of said sum, according to the last Province tax, to enable them to dis charge the important trust to which they are appointed, they upon their return to be accountable for the same." On the same day the House strongly recommended "To the inhabitants or the Province, that they renounce alto- ether the consumption of India teas, and, as far as in them es, discontinue the use of all goods and manufactures what ever that shall be imported from the East Indies and Great Britain, until the public grievances of America shall be rad ically and totally redressed. And it is also further recom mended to all, that they give all possible encouragement to the manufactures of America." When these proceedings became known to the Governor, Gage, he sent his secretary to acquaint the two Houses, it was his pleasure that the General Assembly should be dissolved. Finding the door of the Representatives Chamber locked, the secretary sent the messenger to inform the speaker that he was there ready to deliver a message from the Governor, and to desire he might be admitted to deliver it. "The mes senger returned and said he had acquainted the speaker therewith, who mentioned it to the House, and their orders were to keep the door fast." THE BIRTH OF THE REPUBLIC. ABOLITION OF THE CHARTER. MAY 20, 1774, the act of Parliament "for Better Regu lating the Government of the Province of Massachusetts Bay" was passed. It revoked the privilege granted by the Charter of William and Mary, of allowing the counsellors to be elected by the General Court, or Assembly, and provides that after the 1st day of July, 1774, they be appointed by the sovereign, to hold their places during the pleasure of his Majesty, his heirs and successors. It conferred upon the G9vernor the right to nominate and appoint, and to remove, without the consent of the Council, all judges of the Inferior Courts of Common Pleas, courts of O^rer and Terminer, the attorney-general, provosts, marshals, justices of the peace, and other officers to the Council or courts of justice belong ing. The Governor was authorized to remove and appoint sheriffs ; the Governor and Council could appoint the judges of the Superior Court, including the Chief Justice, who were removable at the pleasure of the King. The act prohibits the calling of public meetings by the select-men, or by the freeholders, without the consent of the Governor in writing. The avowed object of this prohibition was to prevent such meetings, because the people are " misled to treat upon mat ters of the most general concern, and to pass many danger ous and unwarrantable resolves." Meetings of the people were only permitted, by the act, for the election of officers, and all discussion or politics was forbidden. The act abol ished the practice of electing jurors by the freeholders in their town meetings, and made it the duty of the sheriff (himself appointed and removable by the Governor) to make out the list; and the venire for summoning the jury was to be directed to the sheriff, instead of the constable or other officer. TO BE SENT BEYOND THE SEA FOR TRIAL. " The Act for the Impartial Administration of Justice in the Cases of Persons Questioned for any Act done by Them in execution of the Law, or for the Suppression of Riots and Tumults in the Province of Massachusetts Bay, in New Eng land" was approved on the same day, May *20th, with the foregoing act for abolishing the Charter, and, indeed, it was part and parcel of the same arbitrary and despotic policy. It provides ' k that, if any inquisition or indictment shall be THE BIRTH OF THE REPUBLIC. 113 found, or if any appeal shall be sued or preferred against any person, for murder, or other capital offence, in the Province of Massachusetts Bay, and it shall appear by in formation given upon oath to the Governor/' that the fact was committed by the person thus indicted in the discharge of his duty as a magistrate or revenue officer, or in aid of these officers in execution of the laws or in the suppression of riots; "and if it shall also appear, to the satisfaction of the said Governor," " that an indifferent trial cannot be had within the said Province,'' with the advice and consent of the Council, that the inquisition, indictment, or appeal shall be tried in some other of his Majesty's Colonies or in Great Britain. In all such cases where magistrates or officers are indicted for murder, they are nevertheless entitled to bail, any law or usage to the contrary notwithstanding. Wit nesses for the parties indicted, as well as for the prosecution, to be paid reasonable expenses for attendance on the dis tant court to which the trial may be removed. The main features of these important acts of Parlia ment, for abolishing the Charter of Massachusetts, and for transporting certain offenders beyond the sea or to another Colony for trial, are herewith annexed, as follows : ACT ABOLISHING THE CHARTER OF MASSACHUSETTS. "Anno Decimo- quarto Georgii III., Regis. An Act for the Better Regulating the Government of the Province of the Massachusetts Bay, in New England. " Approved Friday, May 20, 1774. " Whereas, by letters patent under the great seal of Eng land, made in the third year of the reign of their late Majes ties King William and Queen Mary, uniting, erecting, and incorporating the several Colonial territories and tracts of land therein mentioned into one real Province by the name their Majesty's Province of the Massachusetts Bay, in New England; whereby it was, amongst other things, ordained and established that the Governor of the said Province should from thenceforth be appointed and commissioned, by their Majesties, their heirs and successors, it was, however, granted and ordained that from the expiration of the term for and during which the eight and twenty persons named in the said letters patent were appointed to be the first counsellors or assistants to the Governor of the said Prov ince for the time being, the aforesaid number of eight and twenty counsellors or assistants should yearly once in every year forever thereafter be by the general court or As sembly newly chosen; and whereas, the said method of electing such counsellors or assistants to be vested with the several powers, authorities, and privileges therein men- 114 THE BIRTH OF THE REPUBLIC. tioned, although conformable to the practice heretofore used in such of the Colonies thereby united, in which the ap pointment of the respective Governors had been vested in the general courts or Assemblies of the said Colonies, hath by repeated experiences been found to be extremely ill- adapted to the plan of government established in the Prov ince of Massachusetts Bay, by the said letters patent herein before mentioned, and hath been so far from contributing to the attainment of the good end and purposes thereby in tended, and to the promoting of the internal welfare, peace, and good government of the said Province, or to the main tenance of the just subordination to and conformity with the laws of Great Britain, that the manner of exercising the powers, authorities, and privileges aforesaid by the persons so annually elected, hath for some time past been such as had the most manifest tendency to obstruct and in great measure defeat the execution of the laws, etc. " Be it therefore enacted by the King's most excellent Maj esty, by and with the advice and consent of the lords, spirit ual and temporal, and commons in this present Parliament assembled, and by the authority of the same, That from and after the first day of August, one thousand seven hundred and seventy-four, so much of the charter granted by their Majesties 'King William and Queen Mary, to the inhabi tants of the said Province of the Massachusetts Bay, in New England, and all and every clause, matter, and thing there in contained which relates to the time and manner of elect ing the assistants or counsellors for the said Province, be revoked, and is hereby revoked and made void and of none effect ; and that the offices of all counsellors and assistants elected and appointed in pursuance thereof shall from thenceforth cease and determine ; and that from and after the said first day of August, one thousand seven hundred and seventy-four, the Council or court of assistants of the said Province, for the time being, shall be composed of such of the inhabitants or proprietors of lands within the same as shah 1 be thereunto nominated and appointed by his Ma jesty, his heirs, and successors, from time to time by warrant under his or their signet or sign manual, and with the advice of the Privy Council agreeable to the practice now used in respect to the appointment of counsellors in such of his Majesty's other Colonies in America the Gov ernors whereof are appointed by commission under the great seal of Great Britain; provided that the number of the said assistants or counsellors, shall not at any one time exceed thirty-six nor be less than twelve. "And it is hereby further enacted, That the said assist ants or counsellors so to be appointed as aforesaid, shall hold their offices respectively for and during the pleasure of his Majesty, his heirs or successors ; and shall have and en- THE BIRTH OF THIS REPUBLIC. 115 joy all the powers, privileges, and immunities at present held, exercised, and enjoyed by the assistants or counsellors of the said Province constituted and elected from time to time under the said charter (except as hereinafter excepted) ; and shall also, upon their admission into the said Council, and before they enter upon the execution of their offices, respectively take the oaths and make, repeat, and subscribe the declarations required, as well by the said charter as by any law or laws of the said Province now in force to be taken by the assistants or counsellors who have been so elected and constituted as aforesaid. "And be it further enacted by the authority aforesaid, That from and after the first day of July, one thousand seven hundred and seventy-four, it shall and may be lawful for his Majesty's Governor, for the time being, "of the said Province, or, in his absence, for the Lieutenant-governor, to nominate and appoint under the seal of the Province, from time to time, and also to remove without the consent of the Council, all judges of the Inferior Courts of Common Pleas, commissioners of Over and Terminer, the attorney -general, provosts, marshals, justices of the peace, and other officers to the Council or courts of justice belonging; and that all judges of the Inferior Courts of Common Pleas, commis sioners of Oyer and Terminer, the attorney-general, pro vosts, marshals, justices, and other officers so appointed by the Governor, or in his absence by the Lieutenant-governor alone, shall and may have, hold, and exercise their said offices, powers, and authorities as fully and completely to all intents and purposes as any judges of the Inferior Courts of Common Pleas, commissioners of Oyer and Terminer, attorney-general, provosts, marshals, or other officers, have or might have done heretofore under the said letters patent, in the third reign of their late Majesties King William and Queen Mary; any law, statute, or usage to the contrary notwithstanding. "Provided always, and be it enacted, That nothing herein contained shall extend, or be construed to extend, to annul or make void the commission granted before the said first day of July, one thousand seven hundred and seventy-four, to any judges of the Inferior Courts of Common Pleas, com missioners of Oyer and Terminer, the attorney-general, pro vosts, marshals, justices of the peace, or other officers ; but that they may hold and exercise the same as if this act had never been made, until the same shall be determined by death, removal by the Governor, or other avoidance as the case may happen. "And be it further enacted by the authority aforesaid, That from and after the said first day of July, one thousand seven hundred and seventy-four, it shall and may be lawful for his Majesty's Governor, or in his absence for the Lieu- 116 THE BIRTH OF THE REPUBLIC. tenant-governor, for the time being, of the said Province, from time to time, to nominate and appoint the sheriffs without the consent of the council, and to remove such sher iffs with such consent and not otherwise. "And be it further enacted by the authority aforesaid, That upon every vacancy of the offices of Chief Justice and judges of the Supreme Court of the said Province, from and after the said first day of July, one thousand seven hundred and seventy- four, the Governor, for the time being, or in his absence the Lieutenant-governor, without the consent of the Council, shall have full power and authority to nominate and appoint the persons to succeed to the said officers, who shall hold their commissions during the pleasure of his Majesty, his heirs and successors ; and that neither the Chief Justice and judges appointed before the said first day of July, one thousand seven hundred and seventy-four, nor those who shall hereafter be appointed pursuant to this act shall be removed unless by the order of his Majesty, his heirs or successors, under his or their sign manual. "Be it enacted, That from and after the said first day of August, one thousand seven hundred and seventy-four, no meeting shall be called by the select-men, or at the request of any number of freeholders of any township, district, or precinct, without the leave of the Governor, or in his ab sence of the Lieutenant-governor, in writing, expressing the special business of the said meetings first had and obtained, except the annual meetings in the months of March or May for the choice of select-men, constables, and other officers, or except for the choice of persons to fill up the offices afore said, on the death or removal of any of the persons first elected to such offices, and also except any meeting for the election of a representative or representatives in the general court, and that no other matter shall be treated of at such meetings, except the election of their aforesaid officers or representatives, nor at any other meeting except the busi ness expressed in the leave given by the Governor, or, in his absence, by the Lieutenant-governor. "And whereas, the method at present used in the Prov ince of Massachusetts Bay, in America, of electing persons to serve on grand juries and other juries by the freeholders and inhabitants of the several towns, affords occasion for many evil practices, and tends to pervert the free and impartial administration of justice; for remedy whereof, Be it further enacted by the authority aforesaid, That from and after the respective times appointed for the holding of the General Sessions of the Peace, in the several counties within the said Province, next after the month of September, one thousand seven hundred and seventy-four, the jurors to serve at the Superior Courts of Judicature, Courts of Assize, General Gaol Delivery, General Sessions of the Peace, and THE BIRTH OF THE REPURLIG. 117 Inferior Courts of Common Pleas, in the several counties within the said Province, shall not be elected, nominated, or appointed by the freeholders and inhabitants of the several towns within the said respective counties, nor summoned or returned by the constables of the said towns ; but that, from thenceforth, the jurors to serve at the Superior Courts of Judicature, Courts of Assize, General Gaol Delivery, General Sessions of the Peace, and Inferior Court of Common Pleas, within the said Province, shall be summoned and returned by the sheriffs of the respective counties within the said Province ; and all writs of venire facias to be issued lor the return of jurors to serve at the said courts shall be directed to the sheriffs of the said counties respectively, any law, custom, or usage to the contrary notwithstanding." ACT FOR SENDING CRIMINALS OUT OF MASSACHUSETTS FOR TRIAL. 1 ' Anno Decimo Quarto Georgii III. Eegis. An Act for the Impartial Administration of Justice in the Cases of Persons Questioned for any Acts Done by Them in Execution of the Law, or for the Suppression of Riots and Tumults, in the Province of Massachusetts Bay, in New England." "Approved Friday, May 20, 1774. "Whereas, in his Majesty's Province of Massachusetts Bay, in New England, an attempt has lately been made to throw off the authority of the Parliament of Great Britain over the said Province, and an actual and avowed resistance by open force to the execution of certain acts of Parliament, hath been suffered to take place uncontrolled and unpun ished, in defiance of his Majesty's authority, and to the utter subversion of all lawful government; and whereas, in the present disordered state of the said Province, it is of the utmost importance to the general welfare thereof, and to the re-establishment of lawful authority throughout the same, that neither the magistrates acting in support of the laws, nor any of his Majesty's subjects aiding and assisting them therein or in the suppression of riots and tumults raised in opposition to the execution of the laws and statutes of this realm, should be discouraged from the proper discharge of their duty by an apprehension that, in case of their being questioned for any acts done therein, they may be liable to be brought to trial for the same before persons who do not acknowledge the validity of the laws, in the execution whereof, or the authority of the magistrate in the support of whom such acts had been done: in order therefore to remove every such discouragement from the minds of his Majesty's subjects, and to induce them upon all proper oc casions to exert themselves in support of the public peace of 118 THE BIKTH OF THE REPUBLIC. the Province, and of the authority of the King and Parlia ment of Great Britain over the same ; Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and Commons, in this present Parliament assembled, and by authority of the same, That if any inquisition or indictment shall be found, or if any appeal shall be sued or preferred against any person for murder or other capital offence in the Prov ince of the Massachusetts Bay, and it shall appear by infor mation given upon oath to the Governor, or in his absence to the Lieutenant-governor of the said Province, that the fact was committed by the person against whom such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred as aforesaid, either in the execu tion of his duty as a magistrate for the suppression of riots, or in support of the laws of revenue, or in acting in his duty as an officer of revenue, or hi acting under the direction and order of anv magistrate for the suppression of riots, or for the carrying into effect the laws of the revenue, or in aiding and assisting in any of the cases aforesaid ; and if it shall so appear to the satisfaction of the said Governor, or Lieutenant-governor respectively, that an indifferent trial cannot be had within the said Province, in that case it shall and may be lawful for the Governor or Lieutenant-gov ernor to direct, with the advice and consent of the Council, that the inquisition, indictment, or appeal shall be tried in some other of his Majesty's Colonies or in Great Britain; and for that purpose to order the person against whom, such inquisition or indictment shall be found, or against whom such appeal shall be sued or preferred, as aforesaid, to be sent under sufficient custody to the place appointed for his trial, or to submit such person to bail, taking a re cognizance (which the said Governor, or in his absence the Lieutenant-governor is hereby authorized to take) from such person with sufficient sureties to be approved of by said Governor, or in his absence the Lieutenant-governor, in such sums of money as the said Governor, or in his ab sence the Lieutenant-governor, shall deem reasonable for the personal appearance of such person, if the trial shall be appointed, to be had in any other Colony, before the Gov ernor, or Lieutenant-governor, or Commander-in-chief of such Colony, and, if the trial shall be appointed to be had in Great Britain, then before his Majesty's Court of King's Bench, at a time to be mentioned in such recognizance ; and the Governor, or Lieutenant governor, or Commander-in- chief of the Colony where such trial shall be appointed to be had, or Court of King's Bench where the trial is appointed to be had in Great Britain, upon the appearance of such per S9n, according to such recognizance or in custody, shall either commit such person, or admit him to bail until such THE mRTPt OF THE REPUBLIC. 119 trial ; and which the said Governor or Lieutenant governor, or Commander-in-chief, and Court of King's Bench are hereby authorized and empowered to do. "And to prevent a failure of justice from the want of evidence on the trial of any such inquisition, indictment, or appeal, Be it further enacted, That the Governor, or in his absence the Lieutenant-Governor, shall, and he is hereby authorized and required to bind, in recognizances to his Majesty, all such witnesses as the prosecutor or person against whom such inquisition or indictment shall be round, or appeal, sued or preferred, shall desire to attend the trial of the said inquisition, indictment, or appeal, for their per sonal appearance at the time and place of such trial to give evidence ; and the said Governor, or in his absence the Lieutenant-governor, shall thereupon appoint a reasonable sum to be allowed for the expenses of every such witness, and shall thereupon give to each witness a certificate in writing, under his hand and seal, that such witness has en tered into a recognizance to give evidence, and specifying the" sum allowed for his expenses ; and the collector and collectors of the customs, or one of them, within the said Province, upon the delivery of such certificate are, and is hereby, authorized and required forthwith to pay to such witness the sum specified therein for his expenses." On the 30th August (1774), the Superior Court met in Boston. Proclamation being made and the list of grand jurors being called, the court appointed Ezenezer Hancock foreman. He refused to be sworn, and so did all the grand jurors. The petit jurors were then called; Bartholomew Kneeland was appointed foreman, when he, with all the petit jurors, in like manner, refused to be sworn. The Court inquired their reasons for this refusal; and they offered to read a paper, in which they had stated their rea sons at length. The Court refused to have the papers of the classes of jurors read, and desired each juror to state his reasons. After some conversation on this point, the court consented to read the papers, and discharged the juries. The jurors thereupon published their reasons over their signatures, in the newspapers. The two papers assign simi lar reasons for refusing to swear, viz. : 44 First. Because, Peter Oliver, the Chief Justice, had been impeached, by the late House of Representatives, of high crimes and misdemeanors, and had never been acquitted, but was declared by the House to be disqualified to act as judge of that court. " Second. Because, by the late act of Parliament for alter ing the charter of the Province, the tenure of the judges had been made to depend on the pleasure of the Crown, the validity of which act they would never admit. * k Third. Because three of the judges viz., Peter Oliver, 120 THE mUTH OF THE REPUBLIC. Foster Hutchinson, and William Brown, Esq'rs 'by taking the oath of counsellors under the aforesaid act, are (as we are informed) sworn to carry into execution all the late grievous acts of the British Parliament, ' etc. CHAPTER V. THE REVOLUTIONARY PROVINCIAL GOVERNMENTS. Middlesex County, Massachusetts. THE proceedings of a meeting of the committees of every town and district in Middlesex county, Massachusetts, which was held at Concord on the 30th and 31st August, 1774, seems to have given the first intimation of the forma tion of a revolutionary government for the Province, and gave tone at the same time to similar meetings throughout all the Colonies. The similar action which took place in quick succession in the other counties shows that the plan was concerted by the leading men of the Province, in Bos ton, in advance of this county meeting. The resolutions of this meeting begin by professing true loyalty to King George; and that "We by no means intend to withdraw our allegiance from him ; but, while permitted the free exercise of our natural and charter rights, are re solved to expend life and treasure in his service." The committee declare that the Parliament exercised a power contrary to the charter in passing the acts which claim absolute supremacy over the Province; by the act for blocking up the port of Boston; by the act entitled " An Act for the Better Regulating the Government of the Province of Massachusetts Bay;" and by the "Act for the More Impar tial Administration of Justice" in said Province. They resolve " That it is the opinion of this body that the present act respecting the government of the Province of Massachusetts Bay is an artful, deep-laid plan of oppression and despotism, and that it requires great skill and wisdom to counteract it. This wisdom we have endeavored to col lect from the united sentiments of the country ; and although we are grieved that we are obliged to mention anything that may be attended with such very important consequences as may now ensue, yet a sense of our duty as men, as freemen, as Christian freemen, united in the firmest bonds, obliges us to resolve that every civil officer now in commission in this Province, and acting in conformity to the late act of Parlia ment, is not an officer agreeable to our Charter, therefore THE BIRTH OF THE REPUBLIC. 121 unconstitutional, and ought to be opposed in the manner hereafter recommended. Accordingly, the meeting resolved "That we will obey all such civil officers now in commission whose commis sions were issued befere the 1st day of July, 1774, and sup port them in the execution of their offices, according to the manner usual before the late attempt to alter the Constitu tion of this Province ; nay, though the Governor should at tempt to revoke their commissions ; but that if any of said officers shall accept a commission under the present plan of arbitrary government, or in any way or manner whatever assist the Governor or administration in the assault now making on our rights and liberties, we will consider them as having forfeited their commissions, and yield them no obe dience." In conformity with these declarations, the meeting re solve not to recognize the county judges, Samuel Danforth and Joseph Lee, nor to submit to their rule. They accordingly declare that the county courts must cease, and that suits pending are to remain in the then pres ent condition "till we know the result of a Provincial and Continental Congress. They pledge themselves to support all officers in disregarding the precepts of the court, if one should attempt to sit." They resolve, " That it is the opinion of this body of del egates that a Provincial Congress is absolutely necessary in our present unhappy situation." " Voted, That it be recommended to the several towns and districts in the county, that each appoint one or more dele gates to attend a Provincial meeting, to be holden at Con cord on the second Tuesday of October next." The proceedings were ratified by one hundred and forty- six yeas to four nays. Suffolk County. The Suffolk county meeting took place on Tuesday, the 6th of September, 1774, at the house of Mr. Eichard Wood ward, of Dedham, and by adjournment at the house of Mr. Yose, of Milton, on Friday, the 9th of the same month. The preamble is expressed in a language of extreme bitterness, and breathes anything but a spirit of loyalty. It begins as follows : " Whereas the power, but not the justice, the vengeance, not the wisdom, of Great Britain, which cf old persecuted, scourged, and excited [exiled] our fugitive parents from their native shores, now pursues us, their guiltless children, with unrelenting severity. And whereas this then savage and uncultivated desert was purchased by the toil and treas ure, or acquired by the blood and valor, of those our vener- THE BIRTH OF THE REPUBLIC. able progenitors ; to us they bequeathed the dear-bought in heritance; to our care and protection they consigned it; and the most sacred obligations are upon us to transmit the glo rious purchase, unfettered by power, unclogged by shackles, to our innocent and beloved offspring," etc. The first resolution, nevertheless, acknowledges George the Third as the rightful heir to the throne, and entitled to the allegiance of the colonists, " agreeable to compact." The Suffolk meeting, in their resolutions, enumerated the same acts of Parliament that the Middlesex meeting com plained of, as the justification of their refusal to obey the officers of the provincial government who should acknowl edge the validity of those acts. They declare, " That no obedience is due from this Province to either or any part of the acts above mentioned ; but that they be rejected as the attempts of a wicked administration to enslave America." After declaring that they will obey no officer of the Province who acknowledges the validity of those acts of Parliament, they resolve : " That it be recommended to the collectors of taxes, con stables, and all other officers who have public money in their hands to retain the same, and not to make any payment thereof to the Provincial County Treasurer until the civil government of the Province is placed upon a constitutional foundation, or until it shall otherwise be ordered by the proposed Provincial Congress." Persons who should accept seats at the Council Board under the late act were denounced as "incorrigible enemies to this country." Other resolutions in the same spirit were adopted. County of Cumberland. "FALMOUTH, Sept 22, 1774. " Met according to adjournment, when the committee pre sented the following report, which, after being read para graph by paragraph, was unanimously accepted, viz. : " We think it the indispensable duty of every subject of the English Constitution, for our own sakes, as well as that of future generations, to use his utmost care and endeavor, according to the station he is in, to preserve the same invio late and unimpaired ; for we regard it not only as the founda tion of all our civil rights and liberties, but as a system of government the best calculated to promote the people's peace and happiness. And we lament that in the present admin istration there are men so lost to all principles of honour, equity, and justice as to attempt a violation of the rights which we have long enjoyed, and which, while we profess ourselves, as we now declare we do, allegiant subjects to George the Third, our rightful sovereign, we have a right THE BIRTH OF THE REPUBLIC. 123 still to enjoy entire and unmolested ; and it is a melancholy consideration that the acknowledged head of this respected state should be induced to pass his sanction to such laws as tend to the subversion of that glorious freedom which pre serves the greatness of the British empire, and gives it repu tation throughout all the nations of the civil world. It is too apparent that the British Ministry have long been hatch ing monstrous acts to break our Constitution, and some they have at length brought forth. " We think the Colonies deserve a better treatment from his Majesty than this which he assents to. We are his loyal subjects, and merit his regard; and cannot help thinking that, if he would pursue his own unbiased judgment, and lay aside the selfish counsel of wicked and designing men, he and his subjects would be mutually happy, and provocations on both sides cease. But since the Ministry have borne their tyranny to such a length as to endeavor to execute their wicked designs by military force in our metropolis, we fear it is their aim to introduce despotic monarchy. But though their tyranny and oppression seem now with hasty strides to threaten all the Colonies with ruin and destruction, we hope no vengeance will affright, no wiles allure, us to give up our dear-bought liberty, that choicest boon of heaven, which our fathers came into these regions to enjoy, and which we therefore will retain while life enables us to struggle for its blessings. "We believe our enemies supposed we must submit and tamely give up all our rights. It is true a vigorous opposi tion will subject us to many inconveniences; but how much greater will our misery be if we relinquish all we now en joy and lay our future earnings at the mercy of despotic men? We cannot bear the thought ; distant posterity would have cause to curse our folly, and the rising generation would justly execrate our memory. "We therefore recommend a manly opposition to those cruel acts, and to every measure which despotism can in vent to 'abridge our English liberties;' and we hope that patience will possess our souls till Providence shall dissipate the gloomy cloud and restore to us our former happy state. "The late act for regulating the government of this Prov ince we consider in particular as big with mischief and de struction, tending to the subversion of our charter and our Province laws, and, in its dire example, alarming to all the Colonies. This, through the conduct of some enemies among ourselves, will soon bring us into difficulties, which will require some able counsel to remove. We therefore recommend to each town in this county, to instruct their several representatives to resolve themselves, with the other members of the House at their approaching session into a Provincial Congress for this purpose." 124 THE BIRTH OF THE REPUBLIC. Proceedings of York County Congress. "We, his Majesty's loyal subjects, the delegates of the several towns of the county of York, deputed to meet in county Congress held at Wells the 16th day of November, 1774, truly professing ourselves liege subjects of his Majes ty, King George the Third, and sincere friends to all our fellow-subjects in Britain and the Colonies, for the neces sary defence of our liberties and privileges, come into the following resolutions : " 1. Resolved, That his Majesty's subjects in the Province of Massachusetts Bay, as well as in the other English-Amer ican Colonies, have full right and authority to tax them selves and grant their own moneys by their several general Assemblies, for all such purposes and in such manner as they shall see fit ; and that no other state, province, or par liament whatever hath, or under the present Constitution of said Colonies can have, right or authority to grant the money of said subjects, or tax them in any other manner whatsoever; and therefore that the several acts of the Brit ish Parliament, made for the express purpose and design, not only of raising a revenue to his Majesty by duties to be laid on goods landed in said Colonies, but establishing a precedent for further illegal taxation of the people therein, are unconstitutional, unjust, and oppressive, and never ought to have force in the Colonies ; and all subsequent acts made to enforce the same, more especially that for blocking up the port of Boston, are hostile, cruel, and arbitrary. U 2. Resolved, That all civil officers within this county, duly appointed by virtue of and pursuant to the Charter of William and Mary-, ought to use and exercise the several powers and authorities to their respective offices belonging agreeble to the laws of the Province of Massachusetts Bay. in the same way and manner, in every respect, intent, and purpose, as though the said acts had never been passed; and that all persons ought to aid, assist, and countenance them therein, and particularly that the venires for jurors for the several courts of justice in this county ought to be issued as heretofore has been used and accustomed, agreeable to the laws of the Province aforesaid; and that due obedience ought to be had thereto ; and that a spirit of peace, friend ship, and harmony may subsist and be cultivated among the inhabitants of said county, the said Congress do recom mend to them that they produce no suit against each other unless on some urgent necessity." The Provincial Congress met at Salem, the 7th day of October, 1774. " The Honorable John Hancock, Esq.," was chosen Presi dent, and Benjamin Lincoln, Esq., Secretary. THE BIRTH OF THE REPUBLIC. 125 Among the first proceedings was to send a letter, through the Committee on the State of the Province, to the Governor, respectful and dignified in terms, but earnestly protesting against the erection of a fortress at the entrance of Boston harbor, and against the presence of troops. The Committee on the State of the Province proposed the following resolution, which was considered and adopted, and ordered to be printed in the Boston newspapers, and at tested by their secretary : "Resolved, That the several constables and collectors of taxes throughout the Province, who have or shall have any money in their hands collected on Province assessments, be advised not to pay the same, or any part thereof, to the Honorable Harrison Gray, Esq.; but that such constables and collectors as have or shall have any county moneys in their hands, take and observe such orders and directions touching the same as shall be given them by the several towns and districts by whom they were chosen. And that the sheriffs and deputy-sheriffs of the several counties in the Province, who have in their hands any Province moneys, be also advised not to pay the same to the said Harrison Gray, Esq. ; but that they retain the same in their hands re spectively until the further advice of a Provincial Congress or order from a Constitutional Assembly of this Province. And that the present assessors of the several towns and dis tricts in the Province be advised to proceed to make assess ments of the tax granted by the great and General Court of the Province at their last May session, and that such assess ments be duly paid, by the persons assessed, to such person or persons as shah 1 be ordered by the said towns and dis tricts respectively. And the Congress strongly recommend the payment of the tax accordingly. " The Congress appointed Thursday, the 15th of December, "to be observed as a day of thanksgiving, to render thanks to Almighty God for all the blessings we enjoy; and, at the same time, we think it incumbent on this people to humble themselves before God, on account of their sins, for which he hath been pleased, in Ms righteous judgment, to suffer so great a calamity to befall us as the present controversy be tween Great Britain and the Colonies; as also to implore the divine blessing upon us," etc. On the 24th of October, several orders or resolutions were adopted with reference to arms and ammunition. On the 25th, the Congress adopted a preamble and resolu tions which provided for the defence and safety of the Province. A Committee of Safety was provided for in the first resolution, which was charged with the duty of govern ing the Province, and the citizens and the military were called on to obey its orders and regulations. The committee were authorized, " whenever they shall judge it necessary for 126 THE BIRTH OF THE REPUBLIC. the safety and defence of the inhabitants of this Province, and their property, against such person or persons aforesaid, viz. : such as shall at any time * attempt or enterprise the destruction, invasion, detriment, or annoyance of this Prov ince,' in every such case the committee was required to alarm, muster, and cause to be assembled, with the utmost expedition, and completely armed, accoutred, and supplied with provisions sufficient for their support in their march to the place of rendezvous, such and so many of the militia of this Province as they shall judge necessary for the end aforesaid, and at such place or places as they shall judge proper, and then to discharge them as soon as the safety of the Province shall permit." Another committee was appointed to act as a commissary department. The higher officers of the militia were ap pointed by the Congress ; and the several companies of the militia were authorized to elect company and field officers. On the 28th, the Congress elected Henry Gardner, Esq., receiver-general, who was authorized to receive and take care of all public moneys. The tax-collectors, constables, and others who held public moneys were advised to pay them into his hands, who was authorized to receipt fcr the same. Thus the Provincial Congress established a government for Massachusetts, independent, to all practical intents, of the Crown and Government of Great Britain. It is scarcely necessary to add that this independent con trol of affairs by the people was never surrendered, but that it gradually ripened into a regular republican civil govern ment. The next step in this process, which will be detailed in its proper place, was to elect a House of Kepresentatives independent of the Crown and Parliament, by the advice and consent ot the Continental Congress. This was in May and June, 1775. This independent House proceeded to elect the Council, as under the Charter ; and to assume the reins of Government, under the style of the Territory of Maine and the Territory of New Plymouth. Thus was the author ity of Great Britian thrown off, and with it the Provincial name, which was the badge of that authority. And this bold measure was taken while a British army was encamped on Massachusetts soil. November. The Provincial Congress reassembled, according to ad journment, on the 23d November. Meantime the operation of the Boston Port Bill had inflicted great injury upon, and caused the most severe hardships to, the people of the towns of Boston and Charlestown in particular, and the Colony in general. The trade of these places with the outer world was annihilated, and the traffic with the interior nearly so ; THE BIRTH OF THE REPUBLIC. 127 so that the Congress in October had seriously debated the propriety or necessity of removing the entire people of the town to the country, in order to save them from starvation. But the Congress in November presented the same undaunted front to the enemy, as at first. It adopted various measures for arousing, equipping, and rallying the people to a defence of their rights; and put forth a noble address u to the Free holders and Other Inhabitants of Massachusetts Bay," which was well calculated to entourage the people and inspire them with patriotic feeling. After a few days' session, in which much business was transacted, they decided to dissolve, or adjourn sine die ; at the same time calling upon the towns to elect other delegates to a new Congress, to meet in February, 1775. This dissolution of their body was adopted on the sound republican principle, declared by them, that, ''Inas much as many states have been taught by fatal experience that powers delegated by the people for long periods have been abused to the endangering the public rights and liber ties, and this Congress having just reason to suppose that their constituents, the good people of this Province, when they appointed their present delegates, were not apprehen sive that the business necessary to be done would require their attention for any long time," therefore, as above stated, they resolved that "the Congress be dissolved." Such were the honorable, disinterested, and patriotic mo tives that actuated the leading men of Massachusetts. February, 1775. The Provincial Congress met at Cambridge, Wednesday, Feb. 1, 1775. Their first important measure was to pass a resolve denouncing any one who should " presume to supply the troops now stationed at Boston, or elsewhere in said Province, with timber, boards, spars, pickets, tent-poles, canvas, bricks, iron, wagons, carts, carriages, intrench- tng-tools; or any materials for making any of the Carriages or implements aforesaid ; with horses or oxen for draught ; or any other materials whatever, that may enable them to annoy, or in any manner distress the inhabitants;" and that "he or they shall be held in the highest detestation, and deemed inveterate enemies to America, and ought to be prevented and opposed by all reasonable means whatever." The word "ought," in the closing sentence, coming from the Provincial Congress in the then existing state of affairs, with the government of the Province in their control, was equivalent to an imperative command. But the spirit of the people jumped with the recommendations of the Congress, and mandatory language was not necessary to the making laws, or to giving orders. A new Committee of Safety was, appointed, with John 128 THE BIRTH OF THE REPUBLIC. Hancock at its head, and of which Dr. Joseph Warren was a member. Their power as the executive authority of the Province was defined, and all military officers and people were called on, in the names of liberty, patriotism, and the public safety, to obey them. Their special duty was to call out the militia, whenever they might think it necessary to observe such persons as might attempt to carry into effect the obnoxious acts of Parliament. On the same day, the Congress adopted an address to the people, which, while it contains the noblest sentiments of liberty, refrains from any profession of loyalty to the Crown. The following are ex tracts : Massachusetts Provincial Congress. 1 Thursday, February 9, 1775. " The committee appointed to prepare an address to the in habitants of this Province having amended their report, the same was read, considered, and accepted, and ordered to be attested, and added to the pamphlet directed to be printed by this Congress, and is as follovveth, viz. : " To the Inhabitants cf Massachusetts Bay: u Friends and Fellow-sufferers : When a people entitled to that freedom which your ancestors have nobly preserved, as the richest inheritance of their children, are invaded by the hand of Oppression, and trampled on by the merciless feet of Tyranny, resistance is so far from being criminal, that it becomes the Christian and social duty of each individual. 1 * While you see the lives of your fellow-men in other na tions sported with and destroyed, and their estates con fiscated by their prince, only to gratify the caprice, ambition, or avarice of a tyrant, you ought to entertain and cultivate in your mind the highest gratitude to the Supreme Being for his having placed you under such a form of government as, when duly administered, gives the meanest peasant the same security in his life and property as his sovereign has in his crown. "The constitution of government secures to each one sub ject thereto such an entire property in his inheritance and the fruit of his industry that they cannot be taken from him without his personal or representative consent; and as the evidence of entire property arises from the uncontrol lable power of disposing, when your estates shall be brought into such a situation or under such a form of government as that they can be disposed of or granted by persons who are by no means accountable to you therefor, you cease to have anything more than a licensed and precarious property in them. ' ' Though we deprecate a rupture with the mother-state, THE BIRTH OF THE REPUBLIC. 129 yet we must still urge you to every preparation for your necessary defence ; for unless you exhibit to your enemies such a firmness as shall convince them that you are worthy of that freedom your ancestors fled here to enjoy, you have nothing to expect but the vilest and most abject slavery." A committee was appointed to correspond with the other Colonies, of which Hancock, Samuel Adams, and Elbridge Gerry were members. After an adjournment of a month, the Congress met again on the 22d March, and, in view of the impending hostilities, began to prepare for them. An elaborate series of Rules and Articles for the Government of the Army was adopted, the first of which requires that ' ' All officers and soldiers not having just impediment, shall diligently frequent divine service and sermon," in the places where they may be sta tioned. Although strict obedience to the articles is "earn estly recommended," they go so far as to inflict the death penalty a clear indication of the import of a Congressional recommendation. THE COMMITTEE OF SAFETY. During these proceedings of the Congress, the Committee of Safety was actively engaged, in its executive capacity, in carrying out the orders of the Congress. All kinds of war like supplies were purchased or manufactured. One fourth of the militia, so early as the 23d February, were called out, and provisions collected for their sustenance. MASSACHUSETTS DECLARED BY PARLIAMENT TO BE IN RE BELLION. On the 7th February, 1775, the House of Lords adopted the joint address from the Commons to the King, in which Massachusetts was declared to be in rebellion. Thanking his Majesty for having communicated several papers relat ing to America, the address proceeds to say "We have taken them into our most serious consideration, and we find that a part of your Majesty's subjects, in the Province of the Massachusetts Bay, have proceeded so far as to resist the authority of the supreme legislature; that a rebellion at this time actually exists within the said Province ; and we see, with the utmost concern, that thev have been countenanced and encouraged by unlawful combinations and engagements entered into by your Majesty's subjects in several of the other Colonies, to the injury and oppression of many of their innocent fellow-subjects resident within the kingdom of Great Britain and the rest of your Majesty's dominions. . . . "At the same time we consider it our indispensable duty 130 THE BIRTH OF THE REPUBLIC. humbly to beseech your Majesty that you will take the most effectual measures to enforce due obedience to the laws and authorities of the supreme legislature ; and we beg leave, in the most solemn manner, to assure your Majesty that it is our fixed resolution, at the hazard or our lives and proper ties, to stand by your Majesty against all rebellious attempts iia the maintenance of the just rights of your Majesty and the two Houses of Parliament." This address was regarded by the Colonists as equivalent to a declaration of war. Lexington, Concord, and Bunker Hill need not be de scribed in this brief history of Revolutionary " movements." The events enacted on the 19th April and tbe 17th June were "movements upon the works of the enemy," and speak for themselves. On the 231 April, four days after the battles of Lexington and Concord, the Provincial Congress resolved " that 30,000 men are necessary to be forthwith raised in the New England Colonies," "and that of that force 13,600 shall be established by this Colony without delay." May 16, 1775, the Provincial Congress took an important step for the restoration of regular civil government, inde pendent of the Crown of Great Britian. They applied to the Continental Congress, sitting at Philadelphia, for the advics and consent of that body to the proceeding. This consent was accorded, in a resolution of Juno 9th, accompanied by the suggestion that, as no obligation rested on the people to obey the acts of Parliament which abrogated the Charter of the Colony, the people ought to elect a House of Representa tives, and that the House ought to elect a Council in dis regard of that law. This suggestion was at once acted on, and the first House of Representatives thus constituted met, July 19th, at Watertown. On the 21st, the House elected the Councillors, eighteen in number, for the territory of Massa chusetts Bay; four for the territory formerly called New Plymouth; three for the territory formerly called the Prov ince of Maine, and one Councillor for the territory lying between the river Sagadahock and Nova Scotia. They "also elected two Councillors-at large. So the Revolutionary council was composed of twenty-eight members; and the repudiation of the ancient loyal designations " Colony " and " Province " shows clearly that the House of Representa tives expected and intended henceforth to remain inde pendent of Great Britain of its Parliament, at any rate, if not of the Crown. For it must be remembered that the word "territory," at that time, had not acquired the conventional signification in America that it now has, implying subor dination to another power; or, if any such meaning was attached to it, the higher power referred to was the Con tinental Congress, and not the Parliament of England. THE BIRTH OF THE REPUBLIC. 131 On the 1st of April, 1776, the General Court of Massachu setts resolved to alter the style of writs and other legal pro cesses, and substituted "the people and government of Massachusetts " for the name of the King. Also they ceased to date official papers according to the year of the King's reign, substituting in its place the year of our Lord. ' k Early in May, likewise," says Barry, "an order was passed and published, by which the people of the several towns in the Province were advised to give instructions to their respective representatives, to be chosen for the following political year, on the subject of independence." "It is not contended," continues Barry, " that this was the first instance in which such a proposition was publicly made ; for North Carolina had, two weeks before, authorized her delegates to join with the other Colonies in declaring independence; and Rhode Island and Connecticut had indicated their inclination by dispensing with the oath of allegiance to the King, though a month elapsed before the Connecticut Assembly instructed their delegates to vote for independence." Barry's History of Massachusetts, vol. 3, page 98. The returns from the town elections showed that nearly the whole population was ripe for independence. MASSACHUSETTS HOUSE OF REPRESENTATIVES. ) "May 10, 1776. \ " Resolved, as the opinion of this House, That the inhabi tants of each town in this Colony ought, in full meeting warned for the purpose, to advise the person or persons who shall be chosen to represent him in the next General Court whether that, if the honorable Congress should, for the safety of the said Colonies, declare them independent of the kingdom of Great Britain, they, the said inhabitants, will solemnly engage, with their lives and fortunes, to support them in the measure. "SAMUEL FREEMAN, Speaker." NEW HAMPSHIRE. It was the fortune of New Hampshire, for the third of a century prior to the Revolution, to be under the rule of wise and conciliatory governors, who, if they were not too scru pulous to enrich themselves by disreputable and illegal acts of extortion and peculation, knew well, nevertheless, the arts of popularity ; and during that long period, which in other Colonies was a period of strife, irritation, and aliena tion from the mother-country, they managed to preserve a loyal and peaceful temper among the people of the Granite Colony. The first of these governors, Benning W en ^ wor ^ n > was appointed in 1741 ; and in 1766 he was permitted to re- 132 THE BIRTH OF THE REPUBLIC. sign under well-grounded charges of extorting illegal and exorbitant fees for passing patents for lands. He was succeeded by his nephew, John Wentworth, who was equally prudent and politic, and not more scrupulous than his uncle. A brief account of his career, taken from Belknap's judicious history of New Hampshire, will serve the twofold purpose of accounting for the exceptionally pacific temper of the New Hampshire people at the begin ning of the Revolutionary events in the adjacent Colony of Massachusetts, and throw light upon the state of morals which ruled among the governing classes in Great Britain at that time. Unon the accession of the nephew, the expectation that inquiry would be made into the practices of the uncle was disappointed. Things went on smoothly during the life time of the latter, who was ever treated with respect and consideration ; and it was understood that the bulk of his estate, he having no children, would go to his nephew and successor in office. But at his death a later will was found, by which his estate was bequeathed to his young widow. This will produced a great commotion in the Wentworth family, and in the Colony. * ' Antiquated claims upon the late Governor's estate," says Belknap, " were revived ; and law suits were commenced which probably would not have been agitated if the expected disposition had been made." But the most alarming effect of this unhappy disappoint ment was a question which the Governor moved in Coun cil, "whether the reservations of five hundred acres, in several townships, made by the late governor, Benning Wentworth, in the charter grants, conveyed the title to him." The Council determined this question in the negative. The Governor then asked whether they would advise him to grant the said tracts to such of his Majesty's subjects as should settle and cultivate the same. To this they gave their assent. Seven of the Councillors present on this occasion were the Governor's relations. The eighth was Peter Levins, a gentleman of foreign extraction, who entered his dissent. He had for several years served as a Justice of the Common Pleas ; but on the division of the Province into counties, it was necessary to issue new commissions. Finding him self overlooked in the appointment of officers, and his private affairs calling him abroad, he sailed for England, and there exhibited, to the Lords of Trade, articles of complaint against the Governor and his Council. "The first was that the Governor and Council, without any legal process or the intervention of a jury, had deprived the grantees, under the Crown, of their lands, on suggestion only, that the conditions had not been fulfilled. *' The second was that the duty paid by foreign shipping, commonly called powder-money, had not been accounted THE BIRTH OF THW REPUBLIC. 133 for since the year 1741 ; and that the Council had refused to join with the Representatives in an inquiry into this matter in the year 1768. "The third was that the Governor had moved, in Council, that the lands reserved to the late Governor, in the charters of townships, should be regranted to himself through the medium of another person ; and that the protest of the com plainant against the legality of this proceeding was rejected. ' ' The fourth was that, in consequence of the opposition which he was in duty bound thus to make, he had been in juriously treated, and had received personal abuse from the Governor. "The fifth was that, pending an action in the Common Pleas, brought by the Governor, though in other names, the judges had several times been changed, till a question on a point of law was determined in favor of the Governor. " The sixth article stated that the complainant expected to prove several of the above facts, by referring to copies of the Council records in their lordships' office; but was sur prised to find that the Governor had disobeyed his instruc tions in not sending them. " The memorial concluded with a general charge of par tiality arising from the family connections of the Governor and Council." Belknap. . The Governor and Council, having been furnished with copies of the charges, denied them severally, and gave their explanations of the facts involved, with depositions, "from persons of all ranks and professions, testifying in favor of the Governor." Belknap proceeds to relate that, " These being laid before the Lords of Trade, and the memorialist being heard in reply, the board represented to the King that the complaint against the Governor 'had been fully verified.' At the same time they thought it their duty to represent, that the reports which they had received, through different channels, of the situation of affairs within New Hampshire, did all concur in representing the Colony to have been, since Mr. Went worth's appointment, in a state of peace and prosperity; that its commerce had been extended, and the number of its inhab itants increased ; and that every attempt made to excite the people to disorder and disobedience had been, by the firm and temperate conduct of Mr. Wentworth, suppressed and restrained." The cause was reheard before a committee of the Privy Council, and their report on it would .in these days be styled a "white-washing report." The main facts were admitted to be true ; but an attempt was made to explain them away and to exculpate the Governor, on various pretexts and technicalities, from all the damaging inferences to be drawn from them; and, on the whole, they conclude that there 134 THE BIRTH OF THE REPUBLIC. 1 ' was no foundation for any censure upon the said Governor for any of the charges contained in the complaint, and that the general conduct of his administration had tended greatly to the peace and prosperity of the said Province." " This report," says Belknap, " was approved by the King in Counci], and the complaint was dismissed. But the Gov ernor was strictly enjoined to transmit to the Lords of Trade authentic copies of the journals of the Council, as a council of state." The candor and love of official integrity which this de cision of the Privy Council and King display can be judged of in the light of the fact which follows, viz., that Mr. Levius was immediately appointed Chief Justice of New Hamp shire, doubtless with a view of closing his mouth to further charges against so good a Governor. It was thought pru dent, however, on mature consideration, to transfer the ac cuser to the Province of Quebec, where a more lucrative office was given him. Belknap further states that, " When the final issue of the complaint was known in New Hampshire, a general satis faction appeared among the people. At the next session of the Assembly, the House of Eepresentatives presented to the Governor an address of congratulation, in the name of their .constituents ; and the citizens of Portsmouth gave a splen did ball, to which the Governor and both Houses of Assem bly were invited." These events transpired in the years 1772 and 1773. Up to the close of the latter year, nothing of a serious nature had occurred to alienate the people from their governors. Their plans for enriching themselves had been carried on mainly at the expense of the Crown, in appropriating the public lands to themselves or in charging exorbitant fees to the grantees of those lands. During the Stamp Act controversy, they had sided rather with the people than with the govern ment, and used their influence to procure the repeal of that obnoxious act ; but the time was now come when it was impossible for a roval governor to keep terms with the people. For some time after the passage of the new act of 1767, for taxing the Colonies on the articles of tea, paper, glass, and painters' colors, the Governor had sufficient in fluence and popularity, by the aid of his numerous wealthy friends and connections, "who were the principal families and richest merchants of the Province," to prevent the adop tion of a non-importation agreement in Portsmouth ; and the Sons of Liberty of that place wrote to their friends in Boston: " We cannot depend on the countenance of many persons of the first rank here ; for royal commissions and family connections influence the principal gentlemen among us, at least to keep silence in these evil times." The people were nevertheless in sympathy with those of Massachusetts THE BIRTH OF THE REPUBLIC. 135 and the other Colonies, and the discussion and agitation were kept up until the Parliament was induced to repeal the duties on all the articles except tea. This, however, was enough to keep alive the fears and resentments of the peo ple; and the efforts to put the law in force caused new com binations for non-intercourse, and gave rise to renewed acts of open resistance, especially in Massachusetts. "In New Hampshire," says Belknap, "the prudence of Governor Wentworth, the vigilance of the magistrates, and the firm ness of the people were combined, and the hateful com modity was sent away without any damage and with but little tumult." The following letter from the committee of Portsmouth, N. EL, to the committee of Boston, is from the American Archives, vol. 1 (4th series), page 337: Extracts. " PORTSMOUTH, May 19, 1774. " We think the late act of Parliament, to shut up the port of Boston of the most extraordinary nature and fatal ten dency. Administration are taking every method to dis unite the Colonies, thereby to render the noble opposition to their destructive measures abortive. We hope a firm union of all the Colonies will still subsist, and that such a plan may be devised and resolutely pursued by all as may prevent the cruel effects of this act. "We heartily sympathize with you under your present difficult and alarming situation ; and we will exert ourselves to carry any plan into effect which may be concerted, by tho Colonies for the general relief. We sincerely wish you reso lution and prosperity in the common cause, and shall ever view your interest as our own. And are with the highest esteem," etc. "The first cargo of tea," says Belknap, "consisting of twenty-seven chests, was landed and stored at the Custom house (at Portsmouth, June 25, 1774) before any people could assemble to obstruct it. A town meeting was called, and a proposal was made to Mr. Parry, the consignee, to re- ship it. To this he consented. A guard was appointed by order of the town to watch the Custom-house. The tea having been entered, it was necessary that the duty should be paid, which was done openly by the consignee. The Governor convened the Council," and kept the magistrates and peace officers in readiness to suppress any riotous ap pearances ; but there was no need of their exertion. The tea was peacefully reshipped and sent to Halifax. "A second cargo of thirty chests, which came consigned to the same person, raised a small ferment, and the windows of his lodgings were broken. He applied to the Governor 136 THE BIRTH OF THE REPUBLIC. for protection. The Governor, as before, summoned the Council and magistrates. The town, by their committee, prevailed on the consignee to send the tea to Halifax, after having paid the duty, without which the ship could not legally be cleared at the Custom-house. "A general detestation of the measures pursued by the British Ministry, to rivet the chains on America, universal ly prevailed. The towns had severally passed resolves as serting their right of exemption from all taxation by Parlia ment, condemning the importation and use of tea, and ap pointing committees of inspection to carry their resolutions into effect. The committees were vigilant, and, being aided by the general sentiment of the people, their exertions were successful." " At the meeting of the Assembly of New Hampshire, in the spring (May 10, 1774), the House of Representatives, conformably to the proceedings of the Assemblies in the other Colonies, appointed a Committee of Correspondence. The Governor, who had in vain labored to prevent this measure, adjourned the Assembly, and after a few days dis solved it, hoping by this means to dissolve the committee also. But they were not restricted by forms. On a sum mons issued by the committee, the Representatives met again, in their own chamber. The Governor, attended by the sheriff of the county, went among them. They rose at his entrance. He declared their meeting illegal, and directed the sheriff to make open proclamation for all persons to disperse, and keep the King's peace. When he had retired, they resumed their seats, but, on. further consideration, ad journed to another house, and, after some conversation, wrote fetters to all the towns in the Province, requesting them to send deputies to hold a convention at Exeter, who should choose delegates for a general Congress, and to pay their respeccive quotas of two hundred pounds, agreeably to the past proportion of the Provincial tax. They also recom mended a day of fasting and prayer, to be observed by the several congregations on account of the gloomy appearance of public affairs. The day was observed with religious solemnity. The money was collected. Eighty -five deputies were chosen and met at Exeter, where they delegated Nathaniel Folsom and John Sullivan, Esquires, to attend the proposed Congress at Philadelphia in September, and de livered to them the money which had been collected, to de fray their expenses. They also recommended the distressed state of Boston to the conmiseration of their brethren in New Hampshire; and contributions were raised in many of the towns for their relief. " The Governor was now convinced, and in his letters to the Ministry acknowledged ' that the union of the Colonies would not be lost in New Hampshire.' At the same time, he THE BIRTH Of THE REPUBLIC 1 . 137 did the people the justice to say that they had abstained from violence and outrage, and that the laws had their course. In his letters, which were published by the Ministry, there appears a spirit of candor towards the people, as well as a desire to recommend himself to the approbation of his superiors." In December, 1774, the Committee of Safety of Portsmouth learning that a British ship of war would soon arrive to take possession of Fort William and Mary, at the entrance of the harbor, " with all possible secrecy and despatch, collected a company from that and some of the neighboring towns ; and before the Governor had any suspicion of their intentions, they proceeded to New Castle and assaulted the fort." The garrison, consisting of only five men, was confined, and one hundred barrels of powder were carried off. The next day fifteen of the lightest cannon and all the small arms were removed. Major John Sullivan and Captain John Langdon, subsequently sent as delegates to Philadelphia, were the leaders of this movement. The following letters are taken from the first volume of the American Archives (4th series) : Governor Wentworth to Governor Gage. " PORTSMOUTH, N. H., December 14, 1774. " Sm: I have the honor to receive your Excellency's let ter of the 9th instant, with the letter from the Secretary of State, which were both delivered to me on Monday evening last by Mr. Whiting. "It is with the utmost concern I am called upon, by my duty to the King, to communicate to your Excellency a most unhappy affair perpetrated here this day. "Yesterday afternoon Paul Revere arrived in this town, express from a committee in Boston to another committee in this town, and delivered his despatch to Mr. Samuel Cutts, a merchant of this town, who immediately convened the committee, of which he is one, as I learned, and laid it before them. This dajr, about noon, before any suspicion could be had of their intentions, about four hundred men were collected together, and immediately proceeded to his Majesty's Castle William and Mary, at the entrance of this harbor, and forcibly took possession thereof, notwithstand ing the best defence that could be made by Captain Cochran (whose conduct has been extremely laudable, as your Ex cellency will see by the inclosed letter from him), and by violence carried off upwards of one hundred barrels of pow der, belonging to the King, deposited in the Castle. I am informed that expresses have been circulated through the neighboring towns to collect a number of people to-morrow or as soon as possible, to carry away all the cannon and 138 THE BIRTH OF THE REPUBLIC. arms belonging to the Castle, which they will undoubtedly effect unless some assistance should arrive from Boston in time to prevent it. This event too plainly proves the imbe cility of this government to carry into execution his Majes ty's order in council, for seizing and detaining arms and ammunition imported into this Province, without some strong ships of war in this harbor; neither is this Province or Cus tom-house treasury in any degree safe, if it should come into the mind of the popular leaders to seize upon them. " The principal persons who took the lead in this enormity are well known. Upon the best information I can obtain, this mischief originates from the publishing of the Secretary of State's letter, and the King's order in Council at Rhode Island, prohibiting the exportation of military stores from Great Britain, and the proceedings in that Colony in conse quence of it, which have been published here by the fore- mentioned Mr. Revere, and the despatch brought, before which all was quiet and peaceable here, . "lam, etc., "J. WENTWORTH. " To the Honorable Governor Gage." Captain Cochran, Commander of Fort William and Mary, in New Hampshire, to Governor Wentworth, dated Decem ber 14, 1774: " MAY IT PLEASE YOUR EXCELLENCY: I received your Ex cellency's favor of yesterday, and, in obedience thereto, kept a strict watch all night, and added two men to my usual number, being all I could get. Nothing material occurred till this day, one o'clock, when I was informed there was a number of people coming to take possession of the fort ; upon which, having only five effective men with me, I prepared to make the best defence I could, and pointed some guns to those places where I expected they would enter. About three o'clock the fort was besieged on all sides, by upwards of four hundred men. I told them, on their peril, not to en ter; they replied they would; I immediately ordered three four- pounders to be fired on them, and then the small arms, and before we could be ready to fire again we were stormed on all quarters, and they immediately secured both me and my men and kept us prisoners about one hour and a half, during which time they broke open the powder-house and took all the powder away except one barrel ; and having put it into boats and sent it off, they released me from my con finement. " To which I can only add that I did all in my power to defend the fort ; but all my efforts could not avail against so great a number. "I am your Excellency's, etc., "JOHN COCHRAN." THE BIRTH OF THE REPUBLIC. Extracts of a letter from Governor Wentworth to Gov ernor Gage, dated Portsmouth, New Hampshire, December 16, 1774: "On Wednesday last, at 12 o'clock, an insurrection sud denly took place in this town, and immediately proceeded to his Majesty's castle, attacked, overpowered, wounded, and confined the captain, and thence took away all the King's powder. Yesterday, numbers more assembled, and last night brought off many cannon, etc., and about sixty muskets. This day the town is full of armed men, who refuse to disperse, but appear determined to complete the dismantling the fortress entirely. Hitherto the people ab stain from private or personal injuries ; how long they will be so prevailed on, it is impossible to say. I must sincerely lament the present distraction which seems to have burst forth by means of a letter from William Cooper to Samuel Cutts, delivered here on Tuesday last, P.M., by Paul Revere. I have not time to add further on this melancholy subject. "P. S. The populace threaten to abuse Colonel Fen ton, because he has to them declared the folly of their conduct, and that he will do his duty, as a justice, in executing the laws. They will never prevail on him to retract, if all the men in the Province attack him. If I had two hundred such men, the castle and all therein would yet have been safe. At this moment the heavy cannon are not carried off, but how soon they may be, I cannot say." Extract of a letter from Exeter, in New Hampshire, dated January 2, 1775 : "At a legal meeting of the inhabitants of this town, held here last Monday, among other things, it was voted unani mously to adopt the Association of i;he Continental Congress, and a numerous committee was chosen to see the same, was duly observed, and strictly adhered to. "At the same meeting, five deputies were appointed to assist at the Convention to meet here the 25th instant, for the choice of delegates to represent this Province at the Continental Congress proposed to be held at Philadelphia in May next; and the said deputies were empowered to join with the other deputies of the Convention in choosing a committee of their body to proportion the sum to be allowed such delegates among the several towns and parishes in this Government. It was also voted not to suffer any hawkers, pedlers, or petty chapmen to sell or expose to sale among us any goods, wares, or merchandise. "It is the opinion of many that if this vote, with the law of the Province, should prove ineffectual to prevent the in trusion of such persons, an experiment ought to be made of tar and feathers." Epsom (New Hampshire) Resolves: "At a legal meeting of the inhabitants of the town of 140 THE BIRT3 OF THE REPUBLIC. Epsom, held on Monday, January 9, 1775, deputies were chosen to meet at Exeter on the 25th instant, agreeable to the letter sent to that town for the purpose. "Whereas, The grand Continental Congress has recom mended a non importation and non-consumption of goods to be the most effectual method to ease our deplorable situ ation; and, as we view the Scotch merchants and traders in general to be no friends to our country, and are altogether for self interest and lucrative gain, and, to accomplish their designs, have filled the country with hawkers, pedlers, and petty chapmen, with their lawns, cambrics, ribbons, etc., tempting women, girls, and boys with their unnecessary fineries, which is a moth to our country, and a damage to all honest merchants and traders that are true friends to our country, and that deal upon honor, and to prevent all such diabolical proceedings for the future: 4 'Resolved, That no pedlers, hawkers, or petty chapmen shall be tolerated for the future to sell or dispose of any goods, of whatsoever name or nature, in said town, upon no less penalty than receiving a new suit agreeable to the mod ern mode, and forfeiture of their goods. A committee of inspection was then chosen to see that the above resolve is carefully executed. PROVINCIAL CONVENTION. "At the Convention of Deputies, appointed by the several towns in the Province aforesaid, held at Exeter on the 25th day of January, 1775, there were present one hundred and forty- four members. "Hon. John Went worth, Esq., president. Voted unani mously, That we heartily approve of the proceedings of the late grand Continental Congress, respecting the just state of the rights and liberties of the British Colonies, and of the meang recommended to restore, secure, and protect the same ; and that we return our most unfeigned thanks to the late members of that Congress in general, and to those of this Province in particular, for the faithful discharge of the important trust reposed in them. "Voted, That John Sullivan and John Langdon, Esqrs., be delegates to represent this Province in the Continental Congress proposed to be held at Philadelphia, on the 10th day of May next ; and that they, and each of them in the absence of the other, have full and ample power in behalf of this Province to consent and agree to all measures which said Congress shall deem necessary to obtain redress for Ameri can grievances. "Voted, That two hundred and fifty pounds lawful money be raised for defraying the expenses of said Delegates. "Voted, That the Honorable John Wentworth, Esq., Colonel Nathaniel Folsom, Honorable Mesheck Weare, Esq., THE BIRTH OF THE REPUBLIC. 141 Colonel Josiah Bartlet, Colonel Christopher Tappan, Ebene- zer Thompson, and William Whipple, Esqrs., be a committee in behalf of this Province, to call a Provincial Convention of Deputies when they shall judge the exigencies of public affairs require it ; and that they, together with Samuel Cutts and John Pickering, Esqrs., be a Committee of Correspond ence for this Province. " Voted, The following address : " To the Inhabitants of the Province of New Hampshire "BRETHREN: When we consider the unhappy condition to which you and your American brethren are reduced; when we reflect that for near ten months past you have been deprived of any share in your own Government, and of those advantages which flow to society from legislative assemblies ; when we view the lowering clouds charged with Ministerial vengeance, fast spreading over this extensive continent, ready to burst on the heads of its inhabitants, and to involve the whole British Empire in one common ruin ; at this alarming juncture, duty to Almighty God, to our country, ourselves, and posterity loudly demands our most strenuous exertions to avoid the impending danger. Such are the measures adopted by the British Ministry for enslav ing you, and with such incessant vigilance has their plan been prosecuted, that tyranny already begins to wave its banners in your borders, and to threaten those once happy regions with infamous and detestable slavery. "Shall we, knowing the value of freedom, and nursed in the arms of liberty, make a, base and ignominous surrender of our rights, thereby consigning succeeding generations to a condition of wretchedness from which perhaps all human efforts will be insufficient to extricate them ? "Duty to oursejves and regard for our country should induce us to defend our liberties and to transmit the fair inheritance to our posterity unimpaired. "We therefore earnestly recommend, "1st. That you discountenance and discourage all tres passes and injuries against individuals and their property, and all disorders of every kind ; and that you cultivate and maintain peace and harmony among yourselves. ' ' 2d. That you yield due obedience to the magistrates with in this Government, and carefully endeavor to support the laws thereof. * ' 3d. That you strictly adhere to the Association of the late Continental Congress, and deal with the violators of it in the manner therein recommended. "4th. That you endeavor particularly to enforce the laws of the Province against hawkers, pedlers, and petty chap men. "5th. That you abstain from the use of East India tea whenever or by whatever means it has or may be imported. 142 THE BIRTH OF THE REPUBLIC. ''6th. That you encourage and support your several Com mittees of Correspondence and Inspection in. discharging the very important trust you have reposed in them. u 7th. That, in case any inhabitant of these Colonies should be seized in order to be transported to Great Britain, or other parts beyond seas, to be tried for offences supposed to be committed in America, you conduct yourselves agreeable to the advice of the late Continental Congress. "llth. That, as the inhabitants of the town of Boston, in the Province of Massachusetts Bay, are now laboring under a load of Ministerial vengeance, laid upon them to enforce obedience to certain arbitrary and unconstitutional acts, which, if once submitted to, must involve all America in slavery and ruin ; conscious that all these Colonies are largely indebted to the virtue and fortitude of those patriotic asser- tors of freedom, we heartily recommend a continuation of your contributions for the relief of that oppressed people; and that you keep yourselves in constant readiness to sup port them in their just opposition whenever necessity may require." When news of the battles of Lexington and Concord reached New Hampshire, the people of that, as of the other, Colonies, took up arms and flew to the assistance of their brethren of Massachusetts. A new convention, very fully attended, assembled at Ex- etsr early in June ; they passed votes of thanks to those who had seized the powder and arms at Fort William and Mary, and to those who had made a more recent seizure at Jerry's Point. The committee of Portsmouth early in July forcibly took the public records out of the hands of the Secretary of State ; and from this time forward the King's government became a mere shadow in New Hampshire, while all real power was in the hands of the Provincial Congress, and the Committee of Safety acting as an executive. An attempt had been made by the Governor to strengthen his party in the legislature by issuing writs of election to new and inconsiderable townships. While older and more populous towns were overlooked. When the Assembly met, the first step taken by the House was the expulsion of three of these members. The Governor then adjourned the Assembly. " One of the expelled members having spoken his mind freely without doors, was assaulted by the populace, and took shelter in the Governor's house. The people demanded him and brought a gun mounted on a carriage to the door, upon which the offender was delivered up and conveyed to Exeter." The Governor retreated to the Fort, and his house was pillaged by the mob. The Assembly met July llth, and received a message from the Governor, still resident in the Fort, by which he adjourned them to the 28th September. But this THE BIRTH OF THE REPUBLIC. 143 was the end of royal government. The Assembly never met again, and the Governor soon after went on board a ship of war to Boston. In November, steps were taken to reorganize the govern ment on a more permanent footing. The Convention asked the advice of the Continental Congress, which was given to the effect that a convention should be called to agree upon a plan of government. Their first scheme was to establish a single representative body ; but in the course of six months the Delegates became convinced "that it was improper for a representative assembly to consist of one house only." They accordingly adopted for themselves the name of a House of Representatives, and proceeded to elect twelve Councillors to constitute a distinct branch of the legislature. These were chosen from the several counties, in proportion to population. This was early in January, 1776. In future elections, the people were to elect Councillors, as well as members of the House of Representatives. A Committee of Safety was appointed to act as an executive. The president of the Council was to be president of this Committee. Upon the adoption of this plan of government, the convention made this declaration, viz. : " We conceive ourselves reduced to the necessity of estab lishing a form of government to continue during the present unhappy and unnatural contest with Great Britain ; protest ing and declaring that we never sought to throw off our de pendence on Great Britain, but felt ourselves happy under her protection whilst we could enjoy our constitutional rights and privileges ; and that we shall rejoice if such a reconciliation between us and our parent-state can be ef fected as shall be approved by the Continental Congress, in whose prudence and wisdom we confide." Thus in advance of the Declaration of Independence was a government, entirely free from British control, established in New Hampshire ; and on the 15th June, 1776, the Assembly of New Hampshire instructed their Delegates to the Con tinental Congress to vote for independence : " Saturday, June 15, 1776. "The House met according to adjournment. "The draught made by the committee of both Houses, re lating to independence, and voted as the sense of this House as in the preceding page, is as follows, viz. : "Whereas, It now appears an undoubted fact that, not withstanding all the dutiful petitions and decent remon strances from the American Colonies, and the utmost exer tions of their best friends in England on their behalf, the British Ministery, arbitrary and vindictive, are yet deter mined to reduce by fire and sword pur bleeding country to their absolute obedience ; and for this purpose, in addition to 144 THE BIRTH OF THE REPUBLIC. their own forces, have engaged great numbers of foreign mercenaries, who may now be on their passage here, accom panied by a formidable fleet, to ravage and plunder the sea- coast ; from all which we may expect the most dismal scenes of distress the ensuing year, unless we exert ourselves by ever means and precaution possible ; "And whereas, We of this Colony of New Hampshire have the example of the most respectable of our sister-Colonies before us, for entering upon that most important step of disunion from Great Britain, and declaring ourselves free and independent of the Crown thereof, being impelled thereto by the most violent and injurious treatment, and it appear ing most necessary in this most critical juncture of our pub lic affiirs, that the honorable Continental Congress who have this most important object under their immediate con sideration, should be also informed of our resolution there on without loss of time; We do hereby declare that it is the opinion of our Assembly that our Delegates at the Con tinental Congress should be instructed, and they are hereby instructed, to join with the other Colonies in declaring the thirteen united Colonies a free and independent state, solemnly pledging our faith and honor that we will on our parts support the measure with our lives and fortunes; and that in consequence thereof they, the Continental Congress, on whose wisdom, fidelity, and integrity we rely, may enter into and form such alliances as they may judge most con ducive to the present safety and future advantage of these American Colonies, provided the regulation of our internal police be under the direction of our own Assembly. "Entered according to the original. "Attest: "NOAH EMERY, Clerk." Connecticut. Having already explained the character of the act of Par liament of 1767, for taxing tea, it is needless to restate it in this place. Connecticut was one of the earliest of the Col onies to enter into the non-intercourse agreement, by which the tax was rendered of no other effect than that of serving to alienate the affections of the Colonists from the mother- country. In August, 1768, a non importation agreement was formed between the merchants of Connecticut and those of New York. It was as follows: "We will not import, on our own account or on commis sion, or purchase of any who shall import, from any other Colony in America, from January, 1769, to January, 1770, any tea, glass, paper, or other goods commonly imported from Great Britain," etc. A public meeting was held at Glastenbury, August 27, 1770, to appoint Delegates to a general convention to be held THE BIRTH OF THE REPUBLIC. 145 September 13th at New Haven. Its object was stated to be to "Resolve upon such measures as are proper to be taken for the support of the non-importation agreement, so im portant at this critical juncture to the plantations in Amer ica belonging to the British Crown." Two Delegates were appointed, who were directed to support to the uttermost the non-intercourse agreement. Complaint was made of bad faith on the part of the New York merchants. Similar town meetings were held all over the Colony, at which the most determined and patriotic resolutions were adopted. It seems that no record of the convention of September 13th has been preserved, or at least no reference is made to it by the historian. Much enthusiasm sprang up in favor of domestic manufactures. The women, no less than the men, agreed to wear nothing but home-spun. * ' Committees of inspection were appointed by the towns to see that no man or woman should infringe upon the sanctity of the non-importation agreement. These committees were by no means idle. The gentleman who wished to drink a glass of brandy or other imported liquor, and dame who felt that her patriotism needed the gentler stimulant of tea, were obliged to keep the tempting beverage out of sight and watch a secret mo ment to nourish the cherished appetite. Woe betide the wretch who should be caught in the act of transgression! If a male, publication in the Gazette, the cry of the populace at his heels, and the insults of every boy who was large enough to shout the word ' Liberty,' was the least that he could expect, even should he be fortunate enough to escape the tenacious affinities of tar and feathers. If a woman, it were better for her that she should never have been born. No sighs were in reserve to be breathed in her ears by the young or the brave, though her face were fair as an angel's; and those of her own sex were sure to turn from her as if her eye had in it an evil charm." Hollister, vol. 2, page 149. The spirit of the people will be indicated by the following resolutions : " FARMINGTON, Conn., May 19, 1774. "Early in the morning was found the following handbill, posted up in various parts of the town: u ' To pass through the fire at 6 o'clock this evening in honor to the immortal Goddess of Liberty, the late infamous act of the British Parliament for further distressing the American Colonies ; the place of execution will be the public parade, where all Sons of Liberty are desired to attend.' " Accordingly, a very numerous and respectable body were assembled of near one thousand people, when a huge pole, just forty -five feet high, was erected and consecrated to the shrine of Liberty; after which the act of Parliament, for blocking up the Boston harbor, was read aloud, sentenced to the flames, and executed by the hands of the common hang man, Then the following resolves were passed, nem. con,: 146 THE BIRTH OF THE REPUBLIC. u '1st. That it is the greatest dignity, interest, and happiness of every American to be united with our parent state, while our liberties are duty secured, maintained, and supported by our rightful sovereign, whose person we greatly revere; whose government, while duly administered, we are ready with our lives and properties to support. " ' 2d. That the present Ministry, being instigated by the Devil, and led on by their wicked and corrupt hearts, have a design to take away our liberties and properties, and to enslave us forever. " ' 3d. That the late act which their malice has caused to be passed in Parliament, for blocking up the port of Boston, is unjust, illegal, and oppressive; and that we, and every American, are sharers in the insults offered to the town of Boston. " ' 4th. That these pimps and parasites who dared to advise their master to such detestable measures, be held in utter abhorrence by us, and every American, and their names loaded with the curses of all succeeding generations. " * 5th. That we scorn the chains of slavery; we despise every attempt to rivet them upon us ; we are the Sons of Freedom : and resolved that, till time shall be no more, that Godlike virtue shall blazen our hemisphere." American Archives (4th series), vol. 1. The passage of the Boston Port Bill by the British Parlia ment everywhere awakened among the people of Connecti cut a lively sympathy with their Massachusetts brethren. At the May session of the General Assembly, energetic measures were taken to prepare the Colony for war : arms were collected, officers were appointed, and military com panies were formed. A series of resolutions were adopted, which assert the exclusive right of the people of the Colony to tax themselves, by their representatives, in their General Assembly ; deny the right of taxation to the British Parlia ment; condemn the establishment of Admiralty Courts in America, which take away the common -law jurisdiction, as unconstitutional; and declare that the acts of Parliament which shut up the port of Boston and take away the char tered rights of that Colony are subversive of liberty. The resolutions are as follows : Connecticut Resolutions : 11 In the House of Representatives of the English Colon j of Connecticut, on the second Thursday in May, 1774, this House, taking into their serious consideration sundry acts of the British Parliament, in which their power and right to impose duties and taxes upon hi? Majesty's subjects in the British Colonies and Plantations in America, for the purpose of raising a revenue, are declared, attempted to be exer cised, and in various ways enforced and carried into execu- THE BIRTH OF THE REPUBLIC. 147 tion; and especially a very late act, in which pains and penalties are inflicted on the capital of a neighboring Prov ince, a precedent justly alarming to every British Colony in America, and which, being admitted and established, their lives, liberties, and properties are at the mercy of a tribunal where innocence may be punished upon the accusation and evidence of wicked men, without defence, and even without knowing the accuser a precedent calculated to terrify them into silence and submission, whilst they are stripped of their invaluable rights and liberties; do think it their duty, and expedient at this time, to renew their claim to the rights, liberties, and immunities of free-born Englishmen, which they are justly entitled to by the laws of nature, by the Eoyal Grant and Charter of his late Majesty King Charles the Second, and by long and uninterrupted possession; and thereupon do declare and resolve as follows, viz. : "1st. In the first place we do most expressly declare, recognize, and acknowledge his Majesty King George the Third to be the lawful and rightful King of Great Britain, and all other his dominions and countries ; and that it is the indispensable duty of this Colony, as being part of his Ma jesty's dominions, always to bear faithful and true allegiance to his Majesty, and them to defend, to the utmost of their power, against all attempts upon his person, Crown, or dignity. " 2d. That the subjects of his Majesty in this Colony ever have had, and of right ought to have and enjoy, all the liber ties, immunities, and privileges of free and natural born sub jects within any of the dominions our said King, his heirs and successors, as fully and amply as if they and every of them were born within the realm of England. That they have a property in their own estate, and are to be taxed by their own consent only, given in person or by their repre sentatives, and are not to be disseized of their liberties or free customs, sentenced, or condemned but by lawful judg ment of their peers ; and that the said rights and immunities are recognized and confirmed by the inhabitants of the Col ony, by the Eoyal Grant and Charter aforesaid, and are their undoubted right to all intents, constructions, and pur poses whatsoever. " 3d. That the only lawful representatives of the freemen of this Colony are the persons they elect to serve as mem bers of the General Assembly thereof. "4th. That it is the just right and privilege of his Majesty's liege subjects of this Colony to be governed by their Gen eral Assembly in the article of taxing, and internal police, agreeable to the powers and privileges recognized and con firmed in the royal Charter aforesaid, which they have enjoyed for more than a century past, and have neither for feited nor surrendered, but the same have been constantly recognized by the King and Parliament of Great Britain. 148 THE BIRTH OF THE REPUBLIC. "5th. That the erecting new and unusual Courts of Admir alty, and vesting them with extraordinary powers, above, and not subject to the control of the Common-law Courts in this Colony, to judge and determine in suits relating to the duties and forfeitures contained in said acts foreign to the accustomed and established jurisdiction of the former Courts of Admiralty in America, is, in the opinion of this House, highly dangerous to the liberties of his Majesty's sub jects in America, contrary to the great Charter of English liberty, and destructive of one of their most darling rights that of trial by juries, which is justly esteemed one chief ex cellence of the British Constitution, and a principal branch of English liberty. ' ' 6th. That the apprehending and carrying persons beyond the sea to be tried for any crime alleged to be committed within this Colony, or subjecting them to be tried, by com missioners, or by any court constituted by act of Parliament, or otherwise, within this Colony in a summary way, with out a jury, is unconstitutional and subversive of the liber ties and rights of the free subjects of this Colony. "7th. That any harbor or port, duly opened and consti tuted, cannot be shut up and discharged but by an act of the legislature of the Province or Colony in which such harbor or port is situated, without subverting the rights and liberties, and destroying the property, of his Majesty's subjects. " 8th. That the late act of Parliament inflicting pains and penalties on the town of Boston, by blocking up their har bor, is a precedent justly alarming to the British Colonies in America, and wholly inconsistent with and subversive of their constitutional rights and liberties. "9th. That whenever his Majesty's service shall require the aid of the inhabitants of this Colony, the same fixed principles of loyalty, as well as self -preservation, which have hitherto induced us fully to comply with his Majesty's requi sitions, together with the deep sense we have of its being our indispensable duty (in the opinion of this House), will ever hold us under the strongest obligations, which can be given or desired, most cheerfully to grant his Majesty, from time to time, our further proportion of men and money for the defence, protection, security, and other services of the Brit ish-American dominions. " 10th. That we look on the well-being and greatest secur ity of this Colony to depend (under God) on our connection with Great Britain, which, it is ardently wished, may con tinue to the latest posterity ; and that it is the humble opinion of this House that thp Constitution of this Colony, being understood and practised upon as it has, ever since it existed (till very lately), is the surest bond of union, confi dence, and mutual prosperity of our mother-country and us ? THE BIRTH OP THE REPUBLIC. 149 and the best foundation on which to build the good of the whole, whether considered in a civil, military, or mercantile light ; and of the truth of this opinion we are the more con fident as it is not formed on speculation only, but has been verified in fact, and, by long experience found to produce, according to our extent and other circumstances, as many loyal, virtuous, industrious, and well-governed subjects as any part of his Majesty's dominions ; and as truly zealous of, and as warmly engaged to promote, the best good and real glory of the grand whole which constitutes the British Em pire. " llth. That it is an indispensable duty which we owe to our King, our country, ourselves and our posterity, by all lawful ways and means in our power, to maintain, defend, and preserve these our rights and liberties, and to transmit them entire and in violate to the latest generations ; and that it is our fixed, determined, and unalterable resolution faith fully to discharge this our duty. "At their sessions at Hartford on the second Thursday of May, 1774, in the fourteenth year of his Majesty's reign, the foregoing resolutions reported to the House by their Committee were unanimously voted and ordered to be entered on their Journal or Record." American Archives (4th Series), vol. 1, p. 355. On the 6th June, a town meeting in Norwich, "being le gally warned and convened," "Voted, That we will, to the utmost of our abilities, assert and defend the liberties and immunities of British America ; and that we will co-operate, with our brethren in this and other Colonies, in such reasonable measures as shall, in a General Congress, or otherwise, be judged most proper to relieve us from the burdens we now feel, and secure us from greater evils we fear will follow from the principles adopted by the British Parliament respecting the town of Boston." American Archives (4th Series), vol. 1st, page 390. *' June 23, 1774, a town meeting was held at Glastonbury, which appointed a Committee of Correspondence in order ' to promote and forward such contributions as shall be made in this town for the relief of our distressed friends in Boston.' The Committee, composed of Col. Elizur Talcott, Mr. William Willis, Captain Elisha Hollister, Mr. Ebenezer Plummer, Mr. Isaac Mosely, Mr. Thomas Kimberly, and Mr. Josiah Hale, forwarded with the resolutions an eloquent address, in which they say : ' We cannot but deeply sympa thize with you under the gloomy prospects which at present are before you on account of those oppressive acts of Parlia ment which have been lately passed, respecting Boston in particular and the Province of Massachusettes Bay in gen eral. Especially when we consider that our Liberties and 150 THE BIRTH OF 1 THE REPUBLIC. privileges are so nearly and indissolubly connected with yours, that an encroachment upon one, at least, destroys all the security of the other. It seems that the Parliament of Great Britain are determined to reduce America to a state of vassalage ; and unless we all unite in the common cause, they will undoubtedly accomplish their design. . . . You may depend on us, and we believe all Connecticut, almost to a man. to stand by you and assist you in the defence of our invaluable rights and privileges, even to the sacrificing of our lives and fortunes, in so good a cause. . . .We are informed that your House of Representatives have ap pointed a time for a meeting of the General Congress, in which we hope all the Colonies will concur, and that a non importation and non-exportation agreement will be imme diately come into, which, we doubt not, will procure the desired effect ; ana notwithstanding the gloomy aspect of things at present, we cannot but look forward with fond hopes and pleasing expectations to that glorious era when America, in spite of all the efforts of her enemies to the con trary, shall rise superior to all opposition, overcome oppres sion, be a refuge for the oppressed, a nurse of liberty, a scourge to tyranny, and the envy of the world ; then (if you stand firm and unshaken amidst the storm of ministerial vengeance) shall it be told, to your everlasting honor, that Boston stood foremost in the cause of liberty, when the greatest power on earth was striving to divest them of it; and by their noble efforts, joined with the united virtue of her sister- Colonies, they overcame, and thereby transmitted to posterity, those invaluable rights and privileges which their forefathers purchased with their blood.' " This address is as remarkable for its prophetic as for its bold and patriotic spirit. Extract from the proceedings of the town meeting in Windham, in Connecticut : "June 23, 1774. "We cannot close this meeting without expressing our utmost abhorrence and detestation of those few in a devoted Province styling themselves ministers and merchants, bar risters and attorneys, who have, against the sense and opinion of this vast continent, distinguished themselves in their late fawning, adulating address to Governor Hutch- inson, the scourge of the Province which gave him birth, and the pest of America. His principles and conduct evi denced by his letters and those under his approbation are so replete with treason against his country, and with the meanest of self -exaltation, as cannot be palliated by art, nor distinguished by subtlety. We esteem those addresses a high handed insult on the town of Boston and the Province of Massachusetts Bay in particular, and all the American Col onies in general. Those styled merchants may plead their THE BIRTH OF THE REPUBLIC. 151 profound ignorance of the Constitutional rights of English men as an excuse, in some degree. But for those who style themselves barristers and attorneys they have either as sumed a false character, or they must in some measure be acquainted with the Constitutional rights of Englishmen, and those of their own Province. For them to present such an address is a daring affront to common-sense, a high in sult on all others of the profession, and a treason against law; and from that learned profession who are supposed to be well acquainted with the English Constitution, and have the best means and are under the greatest advantages to defend the rights of society, and who have been famed as the greatest supporters of English liberties, for any of them to make a sacrifice of their all to this pagod of vanity and fulsome adulation, is mean, vile, and unpardonable, and cannot be accounted for upon any other principles but those of their master, who would sacrifice his country to be the independent head of a respectable Province, and the few leaders of this infamous law band would, it seems, give their aid and support therein to obtain the first places in this new kingdom. The addressing clergy we leave to the re proaches of their own consciences, but lament to find they are the first in their ignominious homage to their idol." In September of this year, 1774, a Dr. Beebe was "tarred and feathered " at East Hampton, on the charge of being a Tory. He could not obtain a warrant of arrest against the perpetrators of the outrage, from a magistrate, the latter excusing himself on the ground that it could not be ex ecuted. On the 15th September, 1774, a delegate meeting was held at Hartford, representing the counties of Hartford, New London, and Windham, and a part of the county of Litch- field. A pledge was given that they would strictly observe a non -importation agreement about to be entered into by the Continental Congress; and denouncing in advance all who should attempt to disregard it. The following is the report of the proceedings: "At a meeting of delegates from the towns ir the coun ties of Hartford, New London, and Windham, and a part of the county of Litchfield, held at Hartford, in Connecticut, on the 15th of September, 1774. " William Wolcott, Esq., chairman. "Captain Samuel Wyllys, Clerk. "This meeting, taking into their serious consideration the absolute necessity of a non-consumption agreement, as shall be recommended by the general Congress of Delegates, from all the free British Colonies in America, now convened at Philadelphia, and also that their opinion and resolution thereon hath not been yet fully made known to the dele gates from this Colony, in said Congress, Do declare and resolve, 152 THE BIRTH OF THE REPUBLIC. ''That, in case the .said general Congress shall recommend a non-imnortation of British goods only, or of British and West India goods, we will enter into a solemn contract and agreement not to purchase or consume any articles that shall be prohibited by such non-importation agreement, and use our utmost endeavors to render the same general and effectual ; and we do hereby make known that we have in general been assured by the towns we represent that they will readily accede to adopt and religiously observe such non- consumption agreement as aforesaid. 44 And whereas, This meeting is informed that great quan tities of English and India goods are ordered by sundry sordid and avaricious men in our neighboring Colonies to be purchased in England and imported this fall to give them an unreasonable advantage and prevent the salutary effects of a non-importation agreement,, "Resolved, That such mercenary wretches whose avarice can seek for gratification in the distress and ruin of their country are wholly unworthy of our confidence, friendship, or support; and that our non-consumption agreement may be useful to any good purpose, we will not purchase any merchandise of them, or transact any business for them, or suffer them to transact any for us, but will wholly withdraw from them, and leave them to the consolation of possessing and contemplating the curious movements of British indus try and American slavery, which they would so greedily amass to themselves for such sordid and wicked purposes; and shall consider in the same light, and treat in the same manner, every person that shall purchase any such goods of them, or do business for them, or employ them in their business. "Resolved, That the Committee .of Correspondence for the several towns were present be desired to make diligent inquiry after the persons who have ordered goods as afore said, and inform the next county and Colony meeting of what they shall discover, that their names may be published, their conduct exposed, and their persons avoided. "Resolved, That if any merchant or trader in the towns aforesaid shall attempt to engross any great or unusual quantity of goods, with design to forestall and elude a non importation agreement, we will find ways and means, with out violating his private rights, to defeat his views and make him sensible that virtue and public spirit will be more for his interest than low selfishness and avarice can be. These measures, dictated by necessity, we enter upon for the pres ervation of our liberties, which we have received from our Creator; and may not resign or suffer to be ravished from us. At the same time it is the warmest wish of our hearts that the wisdom and equity of the British Parliament may relieve us from our fears and danger, and that we may once THE BIRTH OF THE REPUBLIC. 153 more and forever look up to our parent country with con fidence and pleasure, and, secure of our own rights, con tribute all in our power to promote the honor, interest, and happiness of our elder brethren in Great Britain ; and, ' ' Whereas, We cannot yet be advised what measures the general Congress will recommend, and therefore are unable at present to adjust the particulars of a non-consumption agreement, we think it may be of use to the merchants and traders in the aforesaid towns to bs made acquainted with our resolutions aforesaid, and that we determine in proper time to carry them into execution, "Resolved, That the thanks of the meeting be given the Committee of Correspondence for the town of Hartford, for their care and attention to the interest of the public in call ing this meeting ; and that they be desired to call a Colony meeting at a suitable time and place to finish the business now begun and entered upon, taking the advice of the Com mittee of Correspondence for the towns of Windsor, Weth- ersfield, and Middletown therein. u The foregoing resolutions voted and passed, nemine con- tradicente. " SAMUEL WYLLYS, " Clerk of the Meeting." On the 4th September, a false report, which was spread over Connecticut, to the effect that the British troops had attacked the people of Boston and killed several citizens, served to bring out the determined spirit of the people of Connecticut. Before the rumor could be contradicted, many thousand men were under arms, and were marching or ready to march to the defence of that town. Stamford (Connecticut) Town Meeting. " At a meeting of the inhabitants of the town of Stamford, legally warned and convened, on the 7th day of October, 1774: "The inhabitants of this town, sensibly affected with the distresses to which the town of Boston and Province of Massachusetts Bay are subjected by several late unconstitu tional acts of the British Parliament, and also viewing the Quebec Bill, whereby the Roman Catholic religion is estab lished over a great part of his Majesty's extensive continent of America, as an attempt not barely to destroy our civil liberties, but as an open declaration that our religious priv ileges, which our fathers fled their native country to enjoy, are very soon to be abolished (hoping to convince the people of this extensive continent that, notwithstanding our long silence, we are by no means unwilling to join with our sister- towns to assert our just rights and oppose every design of a corrupt Ministry to enslave America), do declare that we ac knowledge our subjection to the Crown of Great Britain, and 154 THE BIRTH: OF THE REPUBLIC. all the constitutional powers thereto belonging, as estab lished in the illustrious house of Hanover, and that it is our earnest desire that the same peaceable connection should subsist between us and the mother-country that has sub sisted for a long time before the late unconstitutional meas ures adopted by the Parliament of Great Britian ; and we hope that some plan will be found out by the General Con gress to effect the reconciliation we wish for ; yet we are determined in every lawful way to join with our sister-Colo nies resolutely to defend our just rights and oppose all illegal and unconstitutional acts of the British Parliament that re spect America. "That we are pleased that a Congress of Deputies from the Colonies is now met at Philadelphia, and, relying upon the wisdom of that body, we declare that we are ready to adopt such reasonable measures as shall by them be judged for the general good of the inhabitants of America. "Voted, That Messrs. John Lloyd and Samuel Hutton, Captain Samuel Young, Captain David Hait, and Charles Weed, be a committee to receive subscriptions for the supply of the poor in the town of Boston who suffer in con sequence of an act of Parliament called the Port Act ; and that the said committee cause anything that shall be col lected to be transported to the care of the Committee of Ways and Means in the town of Boston, to be employed by them as they shall think fit. The above is a true copy of record, it being a very full meeting almost an unanimous vote. S. JARVTS, "Town Clerk." Danbury (Connecticut} Town Meeting. " At a legal meeting of the inhabitants of the town of Danbury in Connecticut, December 12, 1774, "Captain Thomas Stevens, Moderator, "The town took into consideration the present alarming situation of the American Colonies from several late uncon stitutional and oppressive acts of the British Parliament, and feeling deeply impressed with a sense of our common danger, we should have earlier manifested our sense of the natural and constitutional rights we are or ought to be possessed of, and of the wanton infringement made upon them by the oppressive plan of policy now prosecuting by the British Ministry, were it not that we thought there was the greatest propriety in waiting till they were stated by a general Congress lest, by every town's attempting particu larly to state them, there might be a disagreement in their claims, which might occasion disunion among ourselves and give cause of triumph to our enemies. But pur rights and the infringements of them having been particularly stated by the late American Congress, in their resolutions, or Bill THE BIRTH OF THE REPUBLIC. 155 of Rights, which, from the best knowledge and information we are able to obtain, we apprehend to be accurately and judiciusly done ; we do therefore, u (l) Declare our full concurrence with said resolutions, as trully stating the rights and privileges we mean to defend, and the oppressive infringements we mean to oppose, to the extent of those abilities which God and Nature have fur nished us with. "(2) We do heartily approve of the Association containing a non-importation, non-exportation, and non-consumption agreement, entered into by the General Congress as the most salutary, wise, and probable measure for obtaining redress of the grievances we labor under; and will use our utmost endeavors to render the same effectual by a full compliance therewith ourselves, and by treating with de served neglect any one who shall dare, in opposition to the voice of America, by counteracting this agreement, to seek his own emolument to the endangering the liberties of his country. And, that such as break through this agreement and refuse to be reclaimed by gentler means, may be held up to public view as objects to be shunned and avoided by every friend to liberty and lover of his country, we have appointed the following gentlemen a committee for the pur pose specified in the eleventh article of said Association, via. : Doctor John Wood, Thaddeus Benedict, and Daniel Taylor, Esqrs., Lieutenant Noble Benedict, Colonel Joseph Platt Cook, Captain Silas Hamilton, Samuel Taylor, Esq., Messrs. Andrew Comstock, James Sisly, Daniel Benedict, and Rich ard Shute, Captain Thomas Stevens, and Mr. Joseph Bebee. "(4) It is with singular pleasure we notice the second article of the Association, in which it is agreed to import no more negro slaves, as we cannot but think it a palpable absurdity so loudly to complain of attempts to enslave us, while we are actually enslaving others ; and that we have great reason to apprehend the enslaving the Africans is one of the crying sins of our land, for which Heaven is now chas tising us. We notice also with pleasure the late act of our General Assembly imposing a fine of one hundred pounds on any one who shall import a negro slave into this Colony. We could also wish that something further might be done for the relief of such as are now in a state of slavery in the Colonies, and such as may hereafter be born of parents in that unhappy condition. "(5) As we look upon the town of Boston to be suffering in the common cause of American liberty, we would manifest our hearty sympathy with them in their present calamitous state, and readiness to administer, to the relief of their suffer ing poor, according to our abilities; and do accordingly recommend to the several inhabitants of this town to con tribute liberally of money or provisions. For this purpose 156 THE BIRTH Off THE REPUBLIC. we have appointed Captain Daniel Starr, Messrs. John McLean, Zadock Benedict, and Andrew Comstock a com mittee to receive such donations and transmit the same to the committee appointed to receive them in the town of Boston. Our being so late in contributing to their relief hath not arisen from our haying been unconcerned specta tors of their distressed condition; but hearing of the lauda ble zeal of others, we were ready to conclude there was a sufficient present supply, and that our donations would be more needed and more acceptable in some future time. "Voted by a large majority. "MAJOR TAYLOR, " Town Clerk." FAIRFIELD (CONNECTICUT) COMMITTEE. " A a legal meeting of the inhabitants of the town of Fair- field, Connecticut, held by adjournment on the 29th day of December, A.D. 1774, " Ebenezer Silliman, Esq., Moderator, " This meeting haying duly considered the agreement and association entered into by the Continental Congress lately held at Philadelphia, do heartily approve thereof and adopt the same, and take this opportunity to express their most grateful sense of the good services of the worthy delegates from this Colony who attended said Congress. "Voted, That if any person or persons shall directly or indirectly, with intent to dissuade, disunite, or otherwise prevent us from strictly complying with and conforming to said agreement and association, publish, send, or sell, or otherwise dispose of any books, pamphlets, or publications in this town directly tending thereto, such person or persons shall be dealt with and exposed in the same way and man ner as is prescribed in said eleventh article for such person or persons as violate said agreement and association." Mr. Hollister, the historian, whose narrative has been followed, states that the battle of Lexington, "growing out of an attempt to seize military stores, led to a movement, originating in Connecticut, and paid for out of the treasury of that Colony, that resulted in the capture of Ticonderoga, and in the seizure of all its guns and munitions for the use of the Colonies. The general Assembly was in session when the news of the battle of Lexington reached Hartford, and the plan was entered into of surprising Ticonderoga, without any ostensible action of the Assembly, but with their tacit assent. " Several gentlemen borrowed money, to pay the expenses of the expedition, from the Colonial treasury, and gave their individual obligations with security." The names of the signers to the notes were Samuel Holden, THE BIRTH OF THE REPUBLIC. 157 Parsons, Silas Deane, Samuel Wyllis, Samuel Bishop, Jr., William Williams, Thomas Munford, Adam Babcock, Joshua Porter, Jesse Boot, Ezekiel Williams, and Charles Wells. The amount borrowed was 810 pounds ; and two years after wards, the notes were cancelled by order of the Assembly. "A Committee was appointed by the leaders of this dar ing project," continues Hollister, "to complete all the ar rangements. This Committee selected sixteen Connecticut men, and then proceeded to Berkshire, where they elicited the sympathy and co operation of some of the principal gen tlemen of the place, and a re-enforcement of about forty men. They then advanced to Bennington, where they were joined by Colonel Ethan Allen, Seth Warner, and about one hundred volunteers. After stopping there long enough to bake bread and provide themselves with such other neces saries as they needed, this little company of one hundred and fifty picked men followed Colonel Allen to Castleton, whither he had preceded them with a view of raising more troops." At Castleton they met Colonel Allen with reinforcements, and "Their numbers now amounted to two hundred and seventy men, most of them Green Mountain boys, who, born in Connecticut, Massachusetts, and New Hampshire, and inured to the rough warfare of border life, in contending with the executive officers, and defying the authority of the Provincial legislature of New York, had become wild and free in all their actions and opinions as the green ridges whence they took their name. Sentries were now posted on all the roads leading to Ticonderoga, to prevent the news of the enterprise being carried to the garrison by the Tor ies." At this point the party was joined by Benedict Arnold, who had been commissioned as a colonel by the Massachu setts authorities; but as he brought no troops with him, Allen very properly refused to give way to him, but agreed to accept him as an aid. The fort, which was garrisoned by about fifty men and officers, was surprised by Allen, and surrendered at discretion almost without bloodshed. This event happened May 10, 1775. Crown Point, garrisoned by only a sergeant "and twelve men, surrendered on the same day to Captain Warner. A British sloop of war lay at the head of the lake, Chain- plain. A plan was formed for its capture. A small schooner was armed and fitted out, of which Arnold was put in com mand. Allen commanded some batteaux which were to accompany the schooner and aid in the attack. But Arnold sailed far ahead and without difficulty, surprised and cap tured the sloop, though larger and better armed than the assailant. So the whole expedition was a success, and in fused great enthusiasm throughout the Colonies. The arms 158 THE BIRTH OF THE REPUBLIC. and ammunition captured made a very considerable addi tion to the meagre equipments of the Americans Hollister concludes his account of those events as follows: " It was, as we have seen, from the beginning a Connecticut measure, conceived by gentlemen from that Colony, approved by her general Assembly, carried out by officers who were born in her towns of Litchfield, Woodbury, and Norwich, and paid for, as our State papers still show, from her treasury. Thus Connecticut had the honor, of which neither envy nor false hood have been quite able to rob her, of striking the first aggressive blow at the British power in America." But Con necticut will generously concede to the people who inhabit ed the disputed territory which afte wards became the State of Vermont a large share in the glory of this achievement. Connecticut had the honor, among all the Colonies, of having the only patriot Governor at the commencement of hostilities. This was Jonathan Trumbull. Like Rhode Island, she had always enjoyed the right, under her charter, of electing her Governors, which fact accounts for the singu lar distinction. When news arrived of the battle of Lexing ton, he immediately "despatched a messenger to Colonel Putnam, directing him to repair forthwith to Lebanon." Like Cincinnatus, the Connecticut hero, when called to the defence of his country, was found at the plow-handles ; and left the plow in the unfinished furrow, and, after giving some hasty directions to his servants, hurried home, mounted his horse, and rode off at a full gallop. He found the " rebel Governor" ready to receive him. The interview was brief. " Hasten forward to Concord," said his Excel lency ; * ' don't stay for troops. I will take care of that hurry forward, and I will send the troops after you." These initial facts are sufficient to indicate the spirit which animated the leading men of Connecticut, without following up the brilliant history of their actions. On the 14th June, 1776, Governor Trumbull convoked "the general Assembly of the Governor and Company of the English Colony of Connecticut, in New England, in America." On the same day the following preamble and resolution was adopted. " Instructions to Connecticut Delegates in the Continental Congress, to vote for independence. CONNECTICUT ASSEMBLY, i June 14, 17T6. " Whereas, the King and Parliament of Great Britain, by many acts of said Parliament, have claimed and attempted to exercise powers incompatible with and subversive or the ancient, just, and constitutional rights of this and the other English Colonies in America, and have refused to listen to their many and frequent humble, decent, and dutiful peti tions for redress of grievances and restoration of such their THE BIRTH OF THE REPUBLIC. 159 rights and liberties; and, turning from them with neglect and contempt to support such claims, after a series of accu mulated wrong and injury, have proceeded to invade said Colonies with fleets and armies to destroy our towns, shed the blood of our countrymen, and involve us in the calam ities incident to war ; and are endeavoring to reduce us to an abject surrender of our natural and stipulated rights, and subject our property to the most precarious dependence on their arbitrary will and pleasure, and our persons to slavery ; and have at length declared us out of the King's protection ; have engaged foreign mercenaries against us, and are evi dently and strenuously striving to effect our ruin and de struction; these and many other transactions, too well known to need enumeration, the painful experience of which we have suffered and feel, make it evident, beyond the pos sibility of a doubt, that we have nothing to hope from the justice, humanity, or temperate councils of the British King or his Parliament ; and that all hopes of reconciliation upon just and equal terms are illusory and vain. In this state of extreme danger, when no alternative is left us but absolute and indefinite submission to such claims as must terminate in the extreme of misery and wretchedness, or a total separation from the King of Great Britain, and renunciation of all connection with that nation, and a suc cessful resistance to that force which is intended to effect our destruction ; appealing to that God who knows the se crets of all hearts, for the sincerity of former declarations of our desire to preserve our ancient and constitutional rela tion to that country, and protesting solemnly against their oppression and injustice which have drawn us from them, and compelled us to use such means as God in his provi dence hath put in our power for our necessary defence and preservation, "Eesolved unanimously by this Assembly, that the Dele gates of this Colony, in General Congress, be and they are hereby instructed to propose to that respectable body to de clare the United Colonies free and independent States, ab solved from all allegiance to the King of Great Britain, and to give the assent of this Colony to such Declaration when they shall judge it expedient and best, and to whatever meas ures may be thought proper and necessary by the Congress for forming foreign alliances, or any plan of operations for necessary and mutual defence ; and also that they move and promote, as fast as may be convenient, a, regular and perma nent plan of Union and Confederation cf the Colonies for the security and preservation of their just rights and liberties, and for mutual defence and security : caving that the admin istration of government, and the power of forming govern ments for, and the regulation of, the internal concerns and police of each Colony ought to be left and remain to the re- 160 THE BIRTH OF THE REPUBLIC. spective Colonial legislatures, and also that such plan of confederation be laid before such respective legislatures for their previous considerations and assent." RHODE ISLAND. The enactment of the duty on tea in May, 1767, by Parlia ment was the signal for the renewal of angry controversy between the Colonies and the mother-country. There had existed an export duty on this article, of one shilling per pound, which was in reality as great an infringement of the rights of the Colonies as the more direct duty which was substituted in its place. Great Britain might lawfully de clare that no tea should be re-exported from her shores to foreign nations without paying a tax ; but to require it on teas sent to her Colonies, which Colonies at the same time were not allowed to buv in other than English markets, was as arbitrary and as unjust as the direct tax which the Act of 1767 required to be collected in the Colonial ports. The new act was really an abatement of the amount of the tax, as it only imposed threepence per pound. But it was a di rect and offensive mode of asserting the right of the Parlia ment to tax the Colonies " in all cases whatsoever "a decla ration which accompanied the repeal of the Stamp Act. The roundabout mode of collecting twelvepence in England on the export of tea, although four times heavier than the im port duty of threepence, to be collected in the Colonial ports, by men sent from England, was felt to be a more intolerable burthen. And whereas the greater tax thus imposed might have been borne for an indefinite length of time without se rious complaint, the lesser became the signal for resistance from one end of the Continent to the other, and, more than any other one measure of government, caused the triumph ant Revolution and the loss of "the brightest jewel in the British Crown." The American Revolution was achieved on a principle, as well as on account of the practical and serious injuries that were inflicted on the Colonists. The publication of the new Revenue Act, in October, 1767, in the Colonies, was immediately followed by public meet ings, first in Boston, and then in Providence and Newport, in which "it was resolved to discontinue the use of British goods and the consumption of all unnecessary articles." " Thus the combination spread rapidly throughout the Colo nies, and the agreements were everywhere signed." The Assembly reasserted the exclusive right of the Colonies to tax themselves, and enacted "that special courts and Com mon Pleas might be held for the Custom-house officers charged with violations of the fee list established by the Colony, or with neglect of duty ; the decision of such courts to be final," THE BIRTH OF TEE REPUBLIC. 161 In July, 1769, "the British armed sloop Liberty, Captain Wm. Reid, cruising in Long Island Sound and Narragansett Bay, in search of contraband traders, had needlessly annoyed all the coasting craft that came in her way. Two Connecti cut vessels, a brig and a sloop, were brought into Newport on suspicion of smuggling. An altercation ensued between the captain of the brig and some of the Liberty's crew, in which the former was maltreated and his boat fired upon from the vessel. The same evening the people obliged Reid, while on the wharf, to order all his men, except the first of ficer, to come on shore to answer for their conduct. A party then boarded the Liberty, sent the officer on shore, cut the cable, and grounded the sloop at the Point. There they cut away the mast and scuttled the vessel, and then carried her boats to the upper end of the town and burnt them. This was the first overt act of violence offered to the British au thorities in America. Meanwhile the two prizes got under way and escaped. Governor Wanton, at the request of the collector and comptroller, issued a proclamation for the ar rest of the offenders, and the Revenue Board at Boston of fered a reward of one hundred pounds sterling to any one who would inform against them ; but without effect." See Arnold, vol. 2, p. 207. In 1772, another collision between the British Revenue Marine and the people, similar to the affair of the Liberty, but on a greater scale, occurred. In the spring of that year the people vyere greatly annoyed by the British schooner Gaspee, of eight guns, which with the Beaver had been sta tioned in Narragansett Bay to enforce the revenue laws. "Lieutenant Duddingston, the commander, had practised every annoyance upon vessels in the Bay, detaining them often without a colorable pretext, stopping even market boats, and in some cases plundering the people on shore. He had violated the Charter of the Colony in acting without showing his commission, and had exceeded his authority by making illegal seizures and sending captured property to Boston for trial, contrary to an act of Parliament that re quired such trials to be held in the Colony where the seizure was made." Chief Justice Hopkins gave the opinion " that no commander of any vessel has a right to use any authority in the body of the Colony without previously applying to the Governor and showing his warrant for so doing, and also being sworn to a due exercise of his office." The Governor accordingly sent the sheriff on board the schooner, u with a letter to the commanding officer, requiring him to produce his commission and instructions." Duddington returned an arrogant reply, and inclosed the correspondence to Admiral Montagu, at Boston. The Admiral sustained the Lieutenant, and addressed an insolent letter to Governor Wanton, in which he threatened, if an attempt were made to rescue the 162 THE BIRTH OF THE REPUBLIC. prizes, that he would "hang as pirates" the parties con cerned. The Governor replied, with spirit, "that I do not receive instructions for the administration of my govern ment from the King's Admiral stationed in America ; " and having laid the correspondence before the Assembly, that body sent copies of it to England, with a narrative of the events to which it related. At length "The sloop Hannah, Captain Benjamin Lindsey, from New York, arrived at Newport, reported at the Custom house, and the next day proceeded up the river. The Gas- Namquit, since the Hannah es- sunset. The sit uation of the enemy" was soon proclaimed by beat of drum, calling those who desired to go and destroy the vessel to meet that evening at the house of James Sabin. Eight long boats, with five oars each, were provided by Mr. John Brown, and soon after ten o'clock the party embarked at the wharf directly opposite the house and proceeded with muffled oars, but undisguised, upon their daring enterprise. Captain Abraham Whipple, afterwards Commodore, who three years later fired, in Narragansett Bay, the first American broadside ever discharged at any portion of his Majesty's Navy, com- manced the expedition. It was long past midnight when the party approached the vessel, where they were joined by another boat from Bristol. Twice the hail of the sentinel was disregarded, when Duddingston himself leaping on the gunwale, hailed but received no answer. A second time he hailed, and was answered, in terms energetic and profane, by Whipple, who at the same time ordered his men to spring to their oars. Shots were then fired from the vessel and returned by the boats. While Whipple was replying, a mus ket ball, fired by Joseph Bucklin, wounded the lieutenant in the groin, and, as he fell, the attacking party boarded the schooner at the bow, and, after a brief struggle, drove the crew below and became masters of the deck. The men sur rendered, were bound, and put on shore. Duddingston was severely wounded in the arm and body. He was attended by Dr. John Mawney, then a student of medicine, who ac companied the expedition as surgeon. This was the first British blood shed in the war of independence. "It was near daylight when the lieutenant's wounds, being dressed, he was landed at Pawtuxet, and the captives, having set fire to the vessel, returned to Providence. In the flames of the burning Gaspee, were consumed that night the last hope or wish of pardon." Arnold, pp. 312, 313. Efforts were made, by the offer of large rewards amount ing to several hundred pounds, to discover and punish the ringleaders in this bold enterprise, which the Ehode Island ers compare with the Boston tea party. But although the, THE BIRTH OF THE REPUBLIC. 163 parties were well known as among the most respectable citizens of the Colony, no direct testimony against them could be obtained, except that of a mulatto slave named Aaron Briggs, "who was engaged in the expedition, and afterwards escaped from his master and went on board the Beaver." He came near exposing the whole party, "most of whom were among the leading men in Providence, and some from Bristol. " But it was shown to the Court of In quiry that his testimony was given under compulsion, to Captain Linzee, of the Beaver, and was therefore thrown out. So the parties engaged all escaped even a trial, although some of the younger among them had boasted of their achievements. In January, 1773, Governor Wanton exhibited to the court his instructions to arrest the parties engaged in the destruction of the Gaspee, and send them to England for trial. The people of Ehode Island determined to resist its enforcement. Chief Justice Hopkins consulted the Assem bly as to the course he should pursue, and was advised to use his own discretion when the case arose. * ' ' Then, for the purpose of transportation for trial, I will neither appre hend any person by my own order nor suffer any execu tive officers in the Colony to do it,' was the prompt reply," says Arnold, ' ' of this fearless champion and earliest advocate of Colonial freedom." The failure to identify any of the parties engaged in the destruction of the Gaspee fortunately prevented a collision between the Colonial and British au thorities at this time. In May, the Assembly unanimously adopted the plan of Virginia for forming Committees of Correspondence, which were "to obtain the most early and authentic intelligence of all such acts and resolutions of the British Parliament, and measures of the Ministry, as may relate to or affect the British Colonies in America ; and to maintain a correspond ence and communication with the other Colonies respecting these important considerations. " Warlike precautions were also taken at this time. The platforms for the battery at Fort George were repaired, and new carriages were niade for the guns formerly used on the Colony war sloop. In January, 1774, the people of Newport and the other towns in Rhode Island, following the example of Philadel phia, "Resolved, That we will have nothing to do with the East India Company's irksome tea, nor any other subject to the like duty," and, further, that they would stand with the other Colonies in vindicating the rights of America against the power of taxation claimed by Great Britain. May 17, 1774, "The people of Providence, assembled in town meeting, formally proposed the last remaining act necessary to a union of the Colonies the Continental Con gress. The id.ea had become familiar to the popular mind ; 164 THE BIRTH OF THE REPUBLIC. it had been proposed in the addresses of public speakers and suggested by Committees of Correspondence ; but the formal proposition had never yet been made by any respon sible and authorized body. The movement had not re ceived the sanction of any legally constituted authority until made at this meeting of the freemen of Providence." Arnold, vol. 2, p. 334. The author further says that "Rhode Island, as she had been the first, through the means of town meetings, to pro pose a Continental Congress, was also the earliest to appoint delegates to attend it. It is significant of the unanimity of the people on this matter, that the two delegates selected, were the ex-Governors whose rival parties had for so many years divided the Councils of the Colony." "At a town meetinglield at Providence, Rhode Island, on the 17th day of May, A.D. 1774, called by warrant, ' ' Samuel Nightengale, Moderator, "Resolved, That this town will heartily join with the Province of the Massachusetts Bay, and the other Colonies, in such measures as shall be generally agreed on by the Colonies for the protecting and securing their invaluable, natural rights and privileges, and transmitting the same to the latest posterity. " That the deputies of this town be requested to use their influence at the approaching session of the General Assem bly of this Colony for promoting a Congress as soon as may be, of the representatives of the General Assemblies of the several Colonies and Provinces of North America, for estab lishing the firmest union, and adopting such measures as to them shall appear the most effectual to answer that import ant purpose, and to agree upon proper methods for execut ing the same. " That the Committee of Correspondence of this town be desired to assure the town of Boston that we do consider ourselves greatly interested in the present alarming conduct of the British Parliament towards them, and view the whole English- American Colonies equally concerned in the event; and that we will, with the utmost firmness, act aocordingly whenever aiiy plan shall be agreed on. In the mean time we are of opinion that an universal stoppage of all trade with Great Britain, Ireland, Africa, and the West Indies, until such time as the port of Boston shall be reinstated in its former privileges, etc., will be the best expedient in the case; and that a proper time should be generally agreed on for the same universally to take place. "Whereas, The inhabitants of America are engaged in the preservation of their rights and liberties ; and as personal liberty is an essential part of tlie natural rights of mankind, the deputies of the town are directed to use their endeavors to obtain an act of the General Assembly prohibiting the im- TEE BIRTH OF THE REPUBLIC. 165 portation of negro slaves in this Colony ; and that all negroes born in the Colony should be free at attaining to a certain age. "Voted, That James Angell, Esq., be added to the Com mittee of Correspondence of this town, and that he sign their letters as clerk." Rhode Island Resolutions. " At the General Assembly of the Governor and Company of the English Colony of Rhode Island and Providence Plan tations, in New England, in America, begun and hold en by adjournment, at Newport, within and for the said Colony, on the second Monday in June, in the year of our Lord, one thousand seven hundred and seventy -four, and in the four teenth year of the reign of his most sacred Majesty King George the Third, by the grace of God, King of Great Britain, and so forth. "This Assembly, taking into their most serious considera tion several acts of the British Parliament for levying taxes upon his Majesty's subjects in America without their con sent ; and particularly an act lately passed for the blocking up the port of Boston, which act, even upon the supposition that the people of Boston had justly deserved punishment, is scarcely to be parallelled in history for the severity of the vengeance executed upon them; and also considering to what a deplorable state this and all the other Colonies are reduced when, by an act of Parliament, in which the subjects of America have not a single voice, and without being heard, they may be divested of property and deprived of liberty; do, upon mature deliberation, "Resolve, 1st, That it is the opinion of this Assembly that a firm and inviolable union of all the Colonies in counsels and measures is absolutely necessary for the preservation of their rights and liberties; and that for that purpose a con vention of representatives from all the Colonies ought to be holden in some suitable place as soon as may be, in order to consult upon proper measures to obtain a repeal of the said acts, and to establish the rights and liberties of the Colony upon a just and solid foundation. "3d, That the honorable Stephen Hopkins, and the Honor able Samuel Ward, Esqrs., be and they are hereby appointed by this assembly to represent the people of this Colony in a General Congress of Representatives from the other Colonies at such time and place as shall be agreed upon by the major part of the committees appointed or to be appointed by the Colonies in general. " 3d, That they consult and advise, with the representatives of the other Colonies who shall meet in such Congress, upon a loyal and dutiful petition and remonstrance to be presented 166 THE BIRTH OF THE REPUBLIC, to his Majesty, as the united voice of his faithful subjects in America, setting forth the grievances they labor under, and praying his gracious interposition for their relief. "And that, in case a major part of the representatives of all the Colonies shall agree upon such petition and remonstrance, they be empowered to sign the same in behalf of this Colony. "4th, That they also consult upon all such reasonable and lawful measures as may be expedient for the Colonies in a united manner to pursue, in order to procure a redress of their grievances, and to ascertain and establish their rights and liberties. " 5th, That they also endeavor to procure a regular annual convention of representatives from all the Colonies to con sider of proper means for the preservation of the rights and liberties of all the Colonies. "6th, That the speaker of the lower House transmit, as soon as may be, copies of these resolutions to the present or late speakers of the respective Houses of Representatives of all the British Colonies upon the continent. "HENRY WARD, Secretary" Providence (Rhode Island) Town Meeting. "At a town meeting held at Providence, Rhode Island, con vened by warrant on the 12th day of August, 1774, " Benjamin Man, Esq., Moderator, "Instructions to the deputies of this town in General As sembly : " GENTLEMEN: The suffering and distresses of the people of the town of Boston, occasioned by a relentless execution of that cruel edict for blocking up the port, awakens our atten tion and excites our compassion. Their cause is our cause ; and unless aid and succour be afforded them, thev may be discouraged into a hurtful submission, and Ministerial vengeance may next be directed against this Colony, and in the end alight upon all. You are therefore requested to use your endeavors, at the next session of the General Assembly, to procure a grant, to be made from this Colony, of such sum of money as they may think fit towards relieving and mitigating the difficulties and distresses which that town must experience from the operation of that most unrighteous inhibition, the hostile manner of carrying the same into force, and a general arrest of their liberties. "Permit us to observe that in doing this it will be evidenced that as a community we would do unto others as \ve would that they should do unto us in a like circumstance ; and that it will be a greater testimony of unanimity in the general concernments of America in this day of struggle and danger, than private contributions, and far more equal." "At a town meeting held at Providence, Rhode Island, on THE BIRTH OF THE REPUBLIC. 167 the 21st day of November, 1774, A.M., called by warrant, to order a town tax, etc., " Nicholas Brown, Esq., Moderator, "Voted, That the Committee of Correspondence for this town be hereby empowered to receive of the town treasury the sum of one hundred and twenty five pounds lawful money, and to transmit the same to the committee in the town of Boston for receiving donations for the distressed in habitants of the town of Boston and Charlestown ; and the treasurer is hereby ordered to pay said sum out of the first money he shall receive of the tax now ordered." Extract from a letter of Captain Wallace to Vice-admiral Graves, dated on board his Majesty's ship Hose, at New- r 's snip : which I had the honor to acquaint you the 8th instant. Since my absence from this place, I find the inhabitants (they say here of Providence) have seized upon the King's cannon that was upon Fort Island, consisting of six 24-pounders, eighteen 18- pounders, fourteen 6-pounders, and six 4-pounders (the latter they say formerly belonged to a Province sloop they had here), and conveyed them to Providence. " A procedure so extraordinary caused me to wait upon the Governor, to inquire of Mm, for your information, why such a step had been taken. He very frankly told me they had done it to prevent their falling into the hands of the Zing, or any of his servants, and that they meant to make use of them to defend themselves against any power that shall offer to molest them. I then mentioned if, in the course of carrying on the King's service here, I should ask assistance, whether I might expect any from him or any others in the government. He answered, as to himself, he had no power, and, in respect to any other part of the government, I should meet with nothing but opposition and difficulty. So much from Governor Wanton. Then I endeavored to" get the best information of what they were at from other quarters, and inclosed I send it to you ; among some of their votes you will find they intend to procure powder and ball and military stores of all kinds wherever they can get them." Extract of a letter to a gentleman in New York, dated Newport, R. I., December 14, 1774: "The people here have, I think, openly declared them selves against government, and in such manner as surely must be pronounced rebellion. Is it possible that a people without arms, ammunition, money, or navy should dare brave a nation dreaded and respected by all the powers on earth ? What black ingratitude to the parent-state who has nourished, protected, and supported them in their infancy ! What can these things indicate but a civil war ? Horrid re- 168 TEE BIRTH OF THE REPUBLIC. flection! and such as freezes the blood of every Tinman heart. "There has been a most extraordinary movement here a few days ago. The public authority of the Colony have dis mantled the King's fort and moved all the cannon and stores to Providence, in order, as it is said, to assist the Bostonians against the King's troops. 44 Underneath is a list of the cannon: " Six 24-pounders, eighteen 18-pounders given by the late King to the fort ; fourteen 6-pounders, six 4-pounders belong ing to the Colony. " God send us better times ! 1 'Yours, etc." Committee of Newport, E. I., to the Philadelphia Com mittee : " NEWPORT, January 5, 1775. " GENTLEMEN: Being informed that it is reported at New York, and at other parts of the continent, that the inhabitants of this town are fitting out vessels and determined to carry on their trade in violation of the Continental Association, and as the propagators of this infamous falsehood can have no other intention than to weaken the bonds of union be tween the Colonies, we think it our duty to acquaint you that several vessels designed for the coast of Africa, which could not be got ready by the 1st of December, have been actually laid up ; that several parcels of sheep purchased for exportation have been stopped ; and that, so far as we can learn, the Association hath been strictly adhered to by the merchants in this Colony, who declare their intention to abide by it. Indeed, the absolute necessity of an union in common measures for the common safety is so obvious that we can assure you that the trade o Rhode Island will be carried on with a punctual regard to the Association. 14 We pray an early communication of any intelligence you may receive of importance to the Colonies, and are, with great esteem, gentlemen, your most humble servants." The Committeee of Correspondence to the Committee of Correspondence for Philadelphia : " PROVIDENCE, R. I., March 4, 1775. " On Thursday last, the 2d instant, about 12 o'clock, at noon, the town crier gave the following notice through the town : ' At 5 o'clock this afternoon, a quantity of India tea will be burnt in the market-place. All true friends of their country, lovers of freedom, and haters of shackles and hand cuffs are hereby invited to testify their good disposition by- bringing in and casting into the fire a needless herb, which for a long time hath been highly detrimental to our liberty, interest, and health.' About five o'clock in the afternoon a great number of inhabitants assembled at the place, when TSE BIRTH Off THE REPUBLIC. 169 there was brought in about three hundred pound weight of tea by the firm contenders for the true interests of America. " A large fire was kindled, and the tea cast into it. A tar barrel, Lord North's speech, Rivingston's and Mill's, and Hick's newspapers, and divers other ingredients were also added. There appeared great cheerfulness in committing to destruction so pernicious an article, many worthy women, from a conviction of the evil tendency of continuing the habit of tea-drinking, made free-will offerings of their re spective stocks of the hurtful trash. On this occasion the bells were tolled, but it is referred to the learned whether tolling or ringing would have been most proper. "Whilst the tea was burning, a spirited Son of Liberty went along the streets with his brush and lampblack, and obliterated or unpainted the word ' tea' on the shop signs." " PROVIDENCE, April 25, 1775. u To the Speaker of the House of Commons of Connecticut: " SIR: I am directed by the lower House of Assembly to inform you that William Bradford, Esq., and Mr. Nathaniel Greene, two of the members of this House, are appointed ' to wait upon the General Assembly of the Colony of Con necticut, to consult upon measures for the common defence of the four New England Colonies, and to make report to the next session of Assembly (which will be next week at Providence) at our general election.' "The Assembly this day have passed an act to raise fifteen hundred effective men for the service of this Colony and the general cause. Great firmness and resolution for the defence of the common rights of this country most certainly prevail in this Colony ; and greater unanimity was scarce ever found than was manifested in the lower House, on the great ques tions which came before them." " GENERAL ASSEMBLY OF RHODE ISLAND, ) PROVIDENCE, R. I., May 20, 1775. f "WHhereas, The Ministry and Parliament of Great Brit ain, sacrificing the glory and happiness of their sovereign, and the good of Britain and the Colonies to their own am bitious and lucrative views, have entered into many arbi trary, illegal resolutions for depriving his Majesty's subjects in America of every security for the enjoyment of life, liberty, and property ; and have sent and are still sending troops and ships of war into their Colonies to enforce their tyrannical mandates, and have actually begun to shed the blood of the innocent people of these Colonies; in conse quence whereof, this Assembly, at the session held on the 22d of April last, passed an act for raising fifteen hundred men, as an army of observation, and to assist any of our sister- Colonies ; 170 THE BIRTH OF THE REPUBLIC. "And whereas, The Honorable Joseph Wanton, Esq., the Governor of this Colony, did enter a protest against the said act, conceived in such terms as highly to reflect upon the General Assembly, and upon the united opposition of all America to the aforesaid tyrannical measure ; "And whereas, The said Joseph Wanton, Esq., hath ne glected to issue a proclamation for the due observance of the Thursday, the llth of May instant, as a day of fasting and pray er, agreeable to an act passed at the said session ; "And whereas, The said Joseph Wanton, Esq., hath been elected to the office of Governor of this Colony for the pres ent year, and been duly notified by this Assembly, not withstanding which he hath not attended at this General Assembly and taken the path required by law ; " And whereas, The said Joseph Wanton, Esq., hath posi tively refused to si^n the commissions for the officers ap pointed to command the troops so ordered to be raised: by all which he hath manifested his intention to defeat the good people of these Colonies in their present glorious strug gle to transmit, inviolate to posterity, those sacred rights they have received from their ancestors; "Be it therefore enacted by this General Assembly, and by the authority thereof it is enacted, That the Deputy-gov ernor and associates be and they are hereby forbid to ad minister the oath of office to the said Joseph Wanton, Esq., unless in free and open General Assembly, according to the unvaried practice or this Colony, and with the assent of such Assembly; that until the said Joseph Wanton, Esq., shall have taken the oath of office as aforesaid, it shall not be law - ful for him to act as governor of this Colony in any case whatsoever; and that every act done by him in the prece dent capacity of Governor shaU be null and void in itself, and shall not operate as a warrant or discharge to any per son acting under his order or by his authority. "And be it further enacted by the authority aforesaid, That Henry Ward, Esq., Secretary of the Colony, be and he is hereby directed, and is fully authorized and empowered, to sign the commissions for the officers, civil and military, chosen by this Assembly, as well those given in the ser vice aforesaid as others, he receiving therefor out of the general treasury two shillings and eightpence for each com mission. And that such commissions so signed, with the Colony seal affixed, shall be as full and effectual warrants to every and all such officers so chosen for the faithful dis charge of his and their duty, as if the same were signed by a governor of this Colony duly elected and engaged accord ing to law ; any law, custom, or usage to the contrary hereof in any wise notwithstanding:. "And be it further enacted by the authority aforesaid, That his Honour the Deputy-governor be requested and fully TEE BIRTH OF THE REPUBLIC. 171 authorized and empowered to call the General Assembly to gether upon any emergency, to meet at such time and place as he shall think most fit for the interest of the Colony." "RHODE ISLAND ASSEMBLY, ) August, 1775 ) " Whereas, Notwithstanding the humble and dutiful peti tion of the last Congress to the King, and other wise and pacific measures taken for obtaining a happy reconciliation between Great Britain and the Colonies, the Ministry, lost to every sense of justice, liberty, and humanity, continue to send troops and ships of war into America, which destroy our trade, plunder and burn our towns, and murder the people of these Colonies, "It is therefore Voted and Resolved, That this Colony most ardently desire to see the former friendship, harmony, and intercourse between Great Britain and these Colonies re stored, and a happy, lasting connection established between both countries, upon terms of just and equal liberty; and will concur with the other Colonies in all proper measures for obtaining those desirable blessings. And as every prin ciple, divine and human, require us to obey that great and fundamental law of nature, self-preservation, until peace shall be restored upon constitutional principles, this Colony will most heartily exert the whole power of government for carrying on this just and necessary war, and bringing the same to a happy issue. And amongst other measures for obtaining this most desirable purpose, this Assembly is per suaded that the building and equipping an American fleet, as soon as possible, would greatly and essentially conduce to the preservation of the lives, liberty, and property of the good people of these Colonies; and therefore instruct their delegates to use their whole influence, at the ensuing Con gress, for building, at the continental expense, a fleet of suf ficient force for the protection of these Colonies, and for em ploying them in such manner and places as will most effec tually annoy our enemies and contribute to the common defence of these Colonies. And they are also instructed to use their influence for carrying on the war in the most vigorous manner, until peace, liberty, and safety be restored and secured to these Colonies upon an equitable and per manent basis." Rhode Island promptly responded to the proposition made by Massachusetts, that the New England Colonies should raise 30,000 men. Some four thousand men were soon under arms ; and on the 20th April, when news of the British at tack on Lexington and Concord reached Providence, one thousand men were sent to the aid of the sister-Colony. The order for the march, however, was countermanded; the im mediate necessity for their presence having ceased. May 3d, the Assembly adopted the bold measure of sus- 172 THE BIRTH Off THE REPUBLIC. pending the functions of the Governor, Joseph Wanton. ' * He had protested against the act for raising the army of observa tion ; he had neglected to issue his proclamation for the fast- day appointed by the Assembly ; he had failed to be present to take the oath of office at this session ; and he now refused to sign the commission for officers of the new army ; ' by all which he hath manifested bis intentions to defeat the good people of these Colonies in their present glorious struggle to transmit, inviolate to posterity, those sacred rights they have received from their ancestors.' The magistrates were therefore forbidden to administer to him the official oath unless in open Assembly, * according to the unvaried prac tice' and with the consent of the Assembly ; and until this oath was thus taken he was disqualified from acting as governor. Henry Ward, Secretary, was empowered to sign all commissions, civil or military, and the Deputy-gov ernor was authorized to convene the Assembly at his discre tion." June 15th, a small vessel which had been detained or seized by the British naval commander Captain Wallace, was re captured by an armed sloop commanded by Captain Whip- pie, in the Colony's service, "after a sharp firing on both sides." "Two armed vessels were at once ordered to be equipped for the defence of the Colony : the largest to carry ten 4-pounders, and fourteen swivel guns, with eighty men ; the smaller to carry thirty men. They were called the Washington and the Katy. Both were placed under the command of Abraham Whipple, the hero of the Gaspee, with the rank of Commodore. Such was the commencement of the American Navy." Arnold, vol. 2, p. 351. June 17th, "The Rose frigate, Swan sloop of war, and a tender came up the river in pursuit of prizes, and, while ab sent from Newport, five vessels which they had previously taken were boarded and carried off by the people of that town." Page 352. In August two "row-galleys," or gun-boats, each to carry sixty men, were added to the naval force of Rhode Island ; and at the same session of the Assembly, the delegates 'in Congress were instructed " to use their whole influence for building, at the continental expense, a fleet of sufficient force for the protection of these Colonies." In November, Governor Wanton, who had been suspended in May, was deposed and the office declared vacant. The Deputy governor, Nicholas Cooke, succeeded him. It was contended by Arnold that the Whigs of Rhode Island aimed at independence from the year 1768 forward. Her Constitution or Charter had always been republican in character; all her officers were elected by the people or ap pointed by the Provincial Government; and the people had thus been trained, for generations, to the exercise of self- THE BIETH OF THE REPUBLIC. 173 government. On the 4th May, 1776, the Assembly passed the following act, which is practically a declaration or inde pendence of Great Britain : u An Act Repealing 'An Act for the more Effectually Secur ing to his Majesty the Allegiance of his Subjects, in this his Colony and Dominion of Rhode Island and Providence Plantations,' and Altering the Forms of Commissions of all Writs and Processes in the Courts, and of the Oaths pre scribed by law. " Whereas in all states existing by compact, protection and allegiance are reciprocal, the latter being only due in consequence of the former ; and whereas, George the Third King of Great Britain, forgetting his dignity, regardless of the compact most solemnly entered into, ratified : and con firmed to the inhabitants of this Colony by his illustrious ancestors, and, till of late, fully recognized by him; and, entirely departing from the duty and character of a good King, instead of protecting, is endeavoring to destroy the good people of this Colony, and of all the united Colonies, by sending fleets and armies to America to confiscate our property and spread fire, sword, and desolation throughout our country in order to compel us to submit to the most debasing and detestable tyranny ; whereby we are obliged by necessity, and it becomes our highest duty, to use every means with which God and nature have furnished us, in support of our invaluable rights and privileges, to oppose that power which is exerted only for our destruction. "Be it therefore enacted by this General Assembly, and by the authority thereof it is enacted, That an act entitled ' An Act for the more Effectually Securing to his Majesty the Allegiance of his Subjects in this his Colony and Dominion of Rhode Island and Providence Plantations' be and the same is hereby repealed. 44 And it is further enacted by this General Assembly, and by the authority thereof it is enacted, That in all commissions for officers, civil and military, and in all writs and processes in law, whether original, judicial, or executory, civil or criminal, wherever the name and authority of the said King is made use of, the same shall be omitted, and in the room thereof the name and authority of the Governor and Com pany of this Colony shall be substituted, in the following words, to wit: ' The Governor and Company of the English Colony of Rhode Island and Providence Plantations;' that all such commissions, writs, and processes shall be otherwise of the same form and tenor as they heretofore were ; that the courts of law be no longer entitled or considered as the King's courts; and that no instrument of writing, of any nature or kind, whether public or private, shall, in the date thereof, mention the year of the said King's reign : provided, nevertheless, that nothing in this act contained shall render 174 THE BIRTII OF THE REPUBLIC. void, or vitiate, any com mission, writ, process, or instrument heretofore made or executed, on account of the name and authority of the said King "being therein inserted." The records of the Assembly had always closed, says Arnold, with the loyal motto, "God save the King!" but at this session the closing words were, ' ' God save the United Colonies !" General Greene, the distinguished patriot-soldier of Ehode Island, as early as October, 1775, expressed a strong convic tion that independence was inevitable. And in no one Colony was this sentiment more prevalent in advance of the event. NEW YORK. The merchants of New York were among the foremost and most determined in opposition to the Stamp Act ; but they for a long while resisted the enforcement of the non importation agreements which were entered into by the other Colonies ; and aided by the Crown officers, they for a while had sufficient influence in the Colony to prevent their adoption. A letter from Lieutenant-governor Colden to the Earl of Hillsborough, dated New York, July 7, 1770, says: "As there still remains a restless faction who, from pop ular arguments, rumors, and invectives, are endeavoring to excite riots and opposition among the lower class of people, a number of gentlemen went round the town to take the sentiments of individuals. I am told that 11S0 2 among which are the principal inhabitants, declared for importa tion, about 300 were neutral or unwilling to declare their sentiments, and (only) a few of any distinction declared in opposition to it. I am informed likewise that the merchants of this place resolved to acquaint the merchants of Boston and Philadelphia with their inclinations to import." O'Cal- laghan's N. Y. Historical Collection. The sequel will show that the undistinguished class, whose opinions were not thought worth inquiring into, when the issue was made carried the day. They overcame the mer chants and the government and compelled the adoption of the non-importation agreement. Within a week this ob scure clement, the common people, led by what is styled an ' l inconsiderable, noisy, blustering faction, whose whole aim is to keap the country in confusion, in order to answer their purposes and keep up a popularity which, by vile means, they have obtained among the lower class of mechanics and inhabitants," this faction had sufficient influence to get up a public meeting at the City Hall, at which Isaac Sears "publicly declared if any merchant or number of merchants presumed to break through the non-importation agreement till the several Provinces had agreed to do the same, he would lose his life in the attempt or the goods imported THE BIRTH OF THE REPUBLIC. 175 should be burnt as soon as landed ; and strenuously advised that every measure in the power of that faction should be attempted, to frustrate the resolutions taken or to be taken by the gentlemen and merchants for bringing about an importation." Governor Tryon, who had succeeded Governor Moore in 1769, writes to Earl Dartmouth under date of November 3, 1773, that "It is with real regret I acquaint your lordship of the ferment the minds of many of his Majesty's subjects have been in since the late arrival here of some of the coun try ships in the London trade, which brought intelligence of the East India Company's intention to ship tea on their own account to America; and the refusal of the masters of those vessels to take it on board." With this letter Tryon inclosed newspapers containing ''productions calculated to sow sedition." Tryon again writes, under date, New York, 1st Dec. , 1773, as follows : "Since information has been received that the teas shipped by the East India Company are subject to the im portation duty in America, the commissioners appointed for sending those teas, finding it would be impossible to carry into execution the powers granted them, have this day pre sented a memorial requesting government would take the teas uuder its protection. The memorial and minute of Council herewith transmitted will explain both the extent of the request and the measure of protection advised to be granted. I have accordingly applied to Captain Ascough, of his Majesty's sloop the Swan, to take the vessel, when arrived, under his protection until the tea could be landed, which, I am informed, will be effected without obstruction, though the general voice is no sales, no consumption while the American duty remains unrepealed by Parliament. "The publications inclosed are by no means to be thought the sense of the inhabitants further than the general reluc tance to take any articles from Great Britain subject to duties in America." So this reluctance was general, and not confined to a small faction. January 3, 1774, Tryon writes to Earl Dartmouth, that, "Until the arrival of the account of the tea being de stroyed at Boston, I had conceived very sanguine hopes that temperate measures might have been manifested in the con duct of the body of the people of this Province on the ar rival of the tea, " etc. But he concludes : ' ' From the general appearance of the united opposition to the principle of the monopoly and the importation duty in America, I can form no other opinion than that the landing, storing, and safe keeping of the tea when stored, could be accomplished, but only under the protection of the point of the bayonet and 176 THE BIRTH OF THE REPUBLIC. muzzle of the cannon ; and even then I do not see how the consumption could be effected." Governor Tryon, having gone to England on leave of ab sence on account of impaired health, the Lieutenant gov ernor, Golden, again resumed authority. Under date of May 4, 1774, he wrote : 'Captain Lockyer, with the so-long-locked-for tea from the India Company, arrived at Sandy Hook on the 19th of last month. The ship came no farther up, and, a few days after, sailed from thence again for London, with the tea on board. Neither the captain nor any other made the least application to me about the ship or her cargo. The ac count of this affair published in the inclosed newspaper is as particular and full as any that I could procure. ' ' In the same paper your lordship will find an account of some more violent proceedings against a parcel of tea imported by Captain Chambers of the ship London ; who arrived here while Captain Lockwood was in this place. As no application was made to me by Captain Chambers or any other before or since this riotous event 2 I cannot give your lordship a better account of it than is contained in the printed paper. It happened early in the evening, and, though a pretty large number of spectators were assembled, the quarter where I reside and the greater part of the town was perfectly quiet." In a subsequent letter Golden says that "The destruction of Captain Chambers' tea was so unexpected and sudden that no measures could be previouslv thought of to prevent it. "A few days after Governor Tryon went from hence, a small sloop loaded with Dutch tea, duck, etc., was seized by an officer of the Custom-house. She was taken in tliis port at noonday and secured without any tumult on the occasion." July 6, 1774, Golden writes to Dartmouth that a commit tee of fifty-one persons had been appointed to correspond with similar committees in other Colonies. He admits his inability to suppress the movement, and attempts to console himself and his lordship with the statement that some of the better sort of gentlemen had joined in the movement, in order to prevent excesses. The following are extracts from the proceedings of this committee : " NEW YORK COMMITTEE OF CORRESPONDENCE, ) " NEW YORK, Monday, May 16, 1774. \ "The merchants and other inhabitants of the city of New York assembled at the Exchange in said city and nominat ed the following gentlemen to form a committee to corre spond with our sister-Colonies upon all matters of moment, and that fifteen be a board, all being duly summoned: THE BIRTH OF THE REPUBLIC. Ill John Alsop, Peter V. B. Livingston, David Johnston, Alex. McDougall, Isaac Low, James Duane, Elias Desbrosses, John Delaney, John Broom e, Joseph Hallett, James Jauncey, Abraham Walton, Henry Remson, Peter T. Curtenius, Abraham P. Lott, Abraham Duryee, Richard Sharpe, William Bayard, Philip Livingston, Charles McEvers, Capt. Th. Randall, Leonard Lispenard, Edward Laight, William Walton, John Jay, Charles Shaw, Gabriel H. Ludlow, Gerandus Duyckinck, Hamilton Young, Peter Goelet, David Van Home, Joseph Bull, Thomas Marston, Theophilas Bache, Isaac Sears, Charles Nicholl, John Moore, Jac. Van Zandt, Thomas Pearsall, Richard Yates, John Thurman, Benjamin Booth, Alexander Wallace, Nicholas Hoffman, Peter Van Schaach, George Brown, Abraham Brosher, Gerard W. Beekman, William Me Adam. Miles Sherbrook, On Tuesday the following notice was published in hand bills : u To the public: An advertisement having appeared at the Coffee-house, in consequence of the late extraordinary and very alarming advices received from England, inviting the merchants to meet at the house of Mr. Samuel Francis, on Monday evening, May 16th, in order to consult on meas- uresproper to be pursued on the present critical and import ant occasion : " A very respectable and large number of the merchants and other inhabitants did accordingly appear at the time and place appointed, and then and there nominated for the approbation of the public a committee of fifty persons, of Which fifteen to be a sufficient number to do business. " That therefore no formality may be wanting to constitute a committee duly chosen, the inhabitants of this city and county are requested to attend at the Coffee-house on Thursday, the 19th instant, at 1 o'clock, to approve of the committee nominated as aforesaid, or to appoint such other persons as in their discretion and wisdom may seem meet." "NEW YORK, Tuesday, May 17, 1774. "In consequence of the foregoing advertisement, a great concourse of the inhabitants met at the Coffee house on Thursday, May 19th, to confirm or alter the nomination of a 178 THE BIRTH OF THE REPUBLIC. committee to correspond with our sister- Colonies when Mr. Isaac Low addressed his fellow-citizens in the following words: "'GENTLEMEN: You have been duly apprised, both by handbills and advertisements in this day's papers, of the intention of your present meeting. " ' I hope, gentlemen, you will manifest by your conduct that you are actuated by the dictates of calm reason only in the choice of the committee I am to propose for your appro bation. " * It is but charitable to suppose we all mean the same thing, and that the only difference among us is, or at least ought to bo, the mode of effecting it, I mean the preservation of our just rights and liberties. Let us then call down wis dom to our aid, and endeavor to walk in her hallowed paths. " * Ze^l in a good cause is most laudable ; but when it trans ports beyond the bounds of reason, it often leaves room for bitter reflection. " ' We out, therefore, gentlemen, to banish from our hearts all little party distinctions, feuds, and animosities, for to our unanimity and virtue we must at last resort for sat ety ; and that man will approve himself the best friend to his country whose highest emulation is to inculcate those principles, both by precept and example." The nomination of the fifty gentlemen made at the Ex change on the 16th instant was then submitted by Mr. Low and confirmed by the meeting, and Mr. Francis Lewis was added to the number by unanimous consent. "NEW YORK, Monday, May 23, 1774. "The committee appointed to correspond with our sister- Colonies upon all matters of moment met at the Coffee house, pursuant to notice for that purpose given. " The committee proceeded to choose Mr. Isasc Low to be their chairman, and Mr. John Alsop their deputy chairman. "The committee received a letter from the body of me chanics, signed Jonathan Blake, their chairman, informing them of their concurrence with the other inhabitants of this city in their nomination. ''' Ordered, That Mr. Duane, Mr. Jay, and Mr. Van Schaack be a committee to draw up a set of rules for the regulation of the committee, and present the same at the next meeting. "Ordered, That the first five members on the list, who shall be in town, be a committee to open all letters directed to the committee, in the absence of the chairman and deputy chairman. "Letters from the Committee of Correspondence of Boston, with the vote of the town of Boston, of the 13th instant, and a letter from the committee of Philadelphia were read. "Ordered, That Mr. McDougall, Mr. Low, Mr. Duane, and THE BIRTH OF THE REPUBLIC. 179 Mr. Jay be a committee to prepare and report a draft of an answer to the Boston committee at eight o'clock P.M. ; to which hour the grand committee were then adjoined. " NEW YORK, May 23, 1774. "The committee met at the Coffee-house at 8 o'clock in the evening, pursuant to adjournment. "The committee appointed this morning to prepare a draft of a letter, in answer to those received from Boston,, presented a draft to the committee, which was unanimously approved of and ordered to be signed by the chairman and transmitted to the Committee of Correspondence at Boston, in words following: " NEW YORK, May 23, 1774. " ' GENTLEMEN: The alarming measures of the British Par liament relative to your ancient and respected town, which has so long been the seat of freedom, fill the inhabitants of this city with inexpressible concern. As a sister-Colony suffering in defence of the rights of America, we consider your injuries as a common cause, to the redress of which it is equally our duty and our interest to contribute. But what ought to be done in a situation so truly critical while it employs the anxious thoughts of every generous mind, is very hard to be determined. ' ' ' Our citizens have thought it necessary to appoint a large committee consisting of fifty-one persons to correspond with our sister Colonies on this and every other matter of public moment, and at ten o'clock this forenoon we were first assembled. "' Your letter inclosing the vote of the town of Boston, and the letter of your Committee of Correspondence, were immediately taken into consideration. " ' While we think you justly entitled to the thanks of your sister-Colonies for asking their advice on a case of such ex tensive consequences, we lament our inability to relieve your anxiety by a decisive opinion. The cause is general and concerns a whole continent, who are equally interested with you and us ; and we f orsee that no remedy can be of avail unless it proceeds from the joint act and approbation of all, from a virtuous and spirited union, which may be expected ; while the feeble efforts of a few will only be at tended with mischief and disappointment to themselves and triumph to the adversaries of our liberty. ' ' ' Upon these reasons we conclude that a Congress of Deputies from the Colonies in general is of the utmost mo ment; that it ought to be assembled without delay, and some unanimous resolution formed on this fatal emergency, not only respecting your deplorable circumstances, but for the security of our common rights. Such being our sentiments, 180 THE BIRTH OF THE REPUBLIC. it must be premature to pronounce any judgment on the ex pedient which you have suggested. " * We beg, however, that you will do us the justice to believe that we shall continue to act with a firm and becom ing regard to American freedom, and to co-operate with our sister-Colonies in every measure which shall be thought salutary and conducive to the public good. " * We have nothing to add, but that we sincerely condole with you in your unexampled distress, and to request your speedy opinion of the proposed Congress that, if it should meet with your approbation, we may exert our utmost en deavors to carry it into execution. " 4 We are, etc.' ' ' Ordered, That the chairman send a copy of this letter to the committee at Boston and to the Committee of Corres pondence at Philadelphia, acknowledging the receipt of a copy of their letter to Boston, approving the sentiments contained in it. " The committee ad joumed to the Exchange, to meet on the 30 of May inst. at six o'clock in the evening." Copy of the letter sent by the New York committee to the Committee of Correspondence in Boston : " NEW YORK, June 7, 1774. "GENTLEMEN: We have received your favor of the 30th May, and you may rest assured we shall eagerly embrace all proper opportunities of contributing our mite towards bringing to a favorable issue the unhappy disputes which at present subsist between the parent-state and her Colonies. "You say that 'a speedy, united, and vigorous effort is certainly all tha,t can be depended upon to yield us any effectual relief, and that this effort is on all hands acknowl edged to be the suspension of trade so wisely defined by you.' " To the first we entirely concur with you in sentiments; but in the last we apprehend you have made a mistake, for, on revising our letter to you, so far from finding a word mentioned of a ' suspension of trade, ' the idea is not even conceived. " That and every other resolution we have thought it most prudent to leave for the discussion of the proposed general Congress. "Adhering therefore to that measure as most conducive to promote the grand system of politics we have in view, we have the pleasure to acquaint you that we shall be ready on our part to meet at any time and place that you shall think fit to appoint, either of deputies from the general Assemblies, or such other deputies as shall be chosen, not only to speak the sentiments, but also to pledge themselves for the con duct of the people of the respective Colonies they represent. THE BIRTH OF THE REPUBLIC. 181 * ' We can undertake to assure you, in behalf of the people of this Colony, that they will readily agree to any measure that shall be adopted by the general Congress. It will be necessary that you give a sufficient time for the deputies of the Colonies as far southward as the Carplinas to assem ble, and acquaint them as soon as possible with the proposed measures of Congress. Your letters to the southward of us we will forward with great pleasure. "You may have seen all the names of our committee in the public prints; and as we never heard the names of those which constitute your committee, we request the favor of you to give us that satisfaction in your next. We beg that your letters for the future may be sealed and directed to our chairman. "We are, gentlemen, your friends and most humble ser vants. By order of the committee, 1 'I. Low, Chairman." South Haven (New York) Resolutions. " At a meeting of the inhabitants of the parish of South Haven, in the county of Suffolk and Colony of New York, the 13th of June, 1774, Mr. William Smith moderator, " It is voted and agreed, That the act of Parliament for blocking up the harbor of Boston is unconstitutional, and has a direct tendency to enslave the inhabitants of America and put an end to all property. "And it is also the opinion of this meeting that, if the Colonies all unite and strictly adhere to a non importation agreement from Great Britain and the West Indies, and have no trade with them, we should have great reason to expect in a short time a repeal of that oppressive act; and for that purpose we do heartily desire that such an agree ment may be entered into." On the 17th of the same month a town meeting was held at Easthampton. Easthampton (Suffolk Co., N. Y.) Resolutions. "At a meeting of the inhabitants of the town of East hampton, in the county of Suffolk, legally warned by the trustees of said town, the 17th of June, 1774, "Eleazar Miller, Esq., moderator, "1st, Voted, That we will, to the utmost of our abilities, assert and in a lawful manner defend the liberties and immu nities of British America ; that we will co-operate with pur brethren in this Colony in such measures as shall from time to time appear to us the most proper and the best adapted to save us from the burthens we fear, and in a measure already feel, from the principles adopted by the British Parliament respecting the town of Boston in particular, and the British Colonies in North America in general. 182 THE BIRTH OF THE REPUBLIC. "2d. Voted, That a non -importation agreement through the Colonies is the most likely means to save us from pres ent and further troubles." Hunting ton (Suffolk Co., N. Y.) Resolutions. " At a general town meeting on the 21st day of June, 1774, the inhabitants of Huntington came into the following reso lutions : k ' 1st. That every freeman's property is absolutely his own ; and that no man has a right to take it from him without his consent, expressed either by himself or his representatives. "2d. That therefore all taxes and duties imposed on his Majesty's subjects in the American Colonies by the authority of Parliament are wholly unconstitutional and a plain vio lation of the most essential rights of the British subjects. ' ' 3d. That the act of Parliament lately passed for shutting up the port of Boston, or any other means or device under color or pretext of law to compel them or any other of his Majesty's American subjects to submit to Parliamentary taxation, are subversive of their just and constitutional liberty. "4th. That we are of opinion that our brethren of Boston are now suffering in the common cause of British America. " 5th. That therefore it io the indispensable duty of all the Colonies upon this continent to unite in some effectual meas ures for the repeal of the said act for shutting up the port of Boston, and every other act of Parliament whereby they are taxed for raising a revenue. " 6th. That it is the opinion of this meeting, the most effectual means for obtaining a speedy repeal of the said acts will be to break of all commercial intercourse with Great Britain, Ireland, and theEnglish West Indies Colonies. "7th. And we do hereby declare ourselves ready to enter into these or such other measures as shall be agreed upon by a general Congress of all the Colonies ; and we do recom mend to the general Congress to take such measures as shall be most effectual to prevent such goods as are at present in America from being raised to an extravagant price. "And lastly, We do choose and appoint Colonel Platt Conkling, John Sloss Hobart, Esq., and Mr. Thomas Wicker for a committee for this town, to act in conjunction with the committees of the other towns in the county as a general committee for the county to correspond with the commit tee of New York. [Signed] "ISRAEL WOOD, President." Orange Town (N. F.) Resolutions. " At a meeting of the freeholders and inhabitants of Orange Town and Province, of New York, on Monday the 4th day THE BIRTH OF THE REPUBLIC. 183 of July, 1774, at the house of Mr. Yoast Mabie, in said town, the following resolves were agreed upon and passed, viz. : "1st. That we are and ever wish to be true and loyal subjects of his Majesty George the Third, King of Great Britain. "2d. That we are most cordially disposed to support his Majesty and defend his Crown and dignity in every Consti tutional measure as far as lies in our power, "3d. That however well disposed we are toward his Ma jesty, we cannot see the late acts of Parlament imposing duties upon us, and the act for shutting up the port of Bos ton, without declaring our abhorrence of measures so uncon stitutional and big with destruction. " 5th. That it is our unanimous opinion that the stopping all exportation and importation to and from Great Britain and the West Indies would be the most effectual method to obtain a speedy repeal. " 6th. That it is our most ardent wish to see concord and harmony restored to England and her Colonies. "7th. That the following gentlemen, to wit: Colonel Abra ham Lent, John Haring, Esq., Mr. Thomas Out water, Mr. Gardiner Jones, and Peter T. Haring, Esq., be a committee for this town to correspond with the city of New York, and to conclude and agree upon such measures as they shall judge necessary in order to obtain a repeal of said acts." Rye (New York) Resolutions. On the 10th of August, 1774, the freeholders and inhabit ants of the township of Eye made choice of John Thomas, Jr., James Horton, Jr., Esq., Bobert Bloomer, Zeno Car penter, and Ebenezer Haviland for a committee to consult and determine, with the committees of the other towns and districts in the county of Westchester, upon the expediency of sending one or more Delegates to Congress, to be held in Philadelphia on the first day of September next. "Eesolved, 1st, That they think it their greatest happiness to live under the illustrious house of Hanover, and that they will steadfastly and uniformly bear true faith and allegiance to his Majesty King George the Third, under the enjoyment of their Constitutional rights and privileges as fellow-subjects with those in England. " 2d. That we conceive it a fundamental part of the British Constitution that no man shall be taxed but by his own con sent or that of his representatives in Parliament; and as we are by no means represented, we consider all acts of Parlia ment imposing taxes on the Colonies an undue exertion of power and subversion of one of the most valuable privileges of the English Constitution. "3d. That it is the opinion of this meeting that the act of 184 THE Bl&TH OF THE REPUBLIC. Parliament for the shutting up the port of Boston and di vesting some of the inhabitants of private property is a most unparalleled, rigorous, and unjust piece of cruelty and des potism. ' ' 4th. That unanimity and firmness of measures in the Col onies are the most effectual means to secure the invaded rights and privileges of America, and to avoid the impend ing ruin which now threatens this once happy country. ''5th. That the most effectual mode of redressing our griev ances will be by general Congress of Delegates from the dif ferent Colonies; and that we are willing to abide by such measures as they in their wisdom shall consider necessary to be adopted on that important occasion. " By order of the Committee. "EBENEZER HAVILAND, Chairman." Westchester (N. F.) Resolutions. "At a meeting of the freeholders and inhabitants of the borough town of Westchester, in New York, the 20th day of August, 1774, " Resolved, 1st, That we do and will bear true allegiance to his Majesty George the Third, King of Great Britain, and ac cording to the British Constitution. 4 '3d. That we coincide in opinion with our friends in New York and every other Colony, that all acts of the British Parliament imposing taxes on the Colonies, without their consent or by their representatives, are arbitrary and op pressive, and should meet the abhorrence and destination of all good men; that they are replete with the purpose of creating animosities and dissensions between the mother- country and the Colonies, and thereby tend to destroy the harmony and mutual agreement which it is so much the in terest or both to cherish and maintain. " 3d. That we esteem it our duty, and think it incumbent on all the Colonies in America, to contribute towards the re lief of the poor and distressed people of Boston ; and that a person of this borough be appointed to collect such chari table donations within the same as may be offered for their support." Palatine (Try on County, N. Y.) Resolutions. Resolutions adopted by the inhabitants of Palatine dis trict, Tryon county, New York, at a meeting held August 27, 1774: "3d. That we think it our undeniable privilege to be taxed only with our own consent, given by ourselves or our repre sentatives. " That taxes otherwise laid and exacted are unjust and un constitutional. That the late acts of Parliament declarative THE BIRTH OF THE REPUBLIC. 185 of oheir right of laying internal taxes on the American Colo nies are obvious encroachments on the rights and liberties of the British subjects in America. " 4th. That the act for blocking up the port of Boston is op pressive and arbitrary, injurious in its principles, and par ticularly oppressive to the inhabitants of Boston, whom we consider brethren suffering in the common cause. " 5th. That we will unite and join with the different dis tricts of this county in giving whatever relief it is in our power, to the poor, distressed inhabitants of Boston ; and that we will join and unite with our brethren of the rest of this Colony in anything tending to support and defend our rights and liberties." Jamaica (N. F.) Town Meeting. "At a meeting of the freeholders and inhabitants of Ja maica, in Queen's county, held in the Court-house on Tues day the 6th December, 1774, "Eesolved, 2d, That it is our undoubted right to be taxed only by our own consent, given by ourselves or our repre sentatives; and that all acts made by the British Parlia ment imposing taxes on the Colonies are unjust, unconstitu tional, and a manifest infringement of our dearest and most valuable privileges. "5th. That we heartily sympathize with our brethren of Boston and the Massachusetts Bay, under their present un exampled sufferings, and that we regard the acts of Parlia ment under which they now groan as cruel, unjust, uncon stitutional, and oppressive in the highest degree, levelled not only at them in particular, but at the liberties of the other Colonies, and the British Empire in general ; and that there fore we think our aforesaid brethren, as sufferers in the com mon cause, are entitled to the encoragement, compassion, and charitable assistance of all the friends of liberty and foes of oppression both in England and America. " Eesolved, 6, That we do most gratefully acknowledge the difficult and important services rendered to their country by the late general Congress held at Philadelphia, and that we do highly approve of the measures by them concerted for the public good of their constituents, and that we will use all prudent and constitutional endeavors to carry those measures into execution." Ulster County (N. Y.} Meeting. "At a meeting of a great number of the most respectable freeholders of the towns of Kingston, Hurley, Marbletown, Rochester, and New Paley, in the town of Hurley, in Ulster county, New York, on Friday, the 6th day of January, 1775, a committee of six being chosen, viz. : Colonel Johannes 186 THE BIRTH OF THE REPUBLIC. Hardenbergh, Captain John Elmendorph, Adrian Wyckoop, Matthew Contine, Johannes G. Hardenbergh, and Jacob Hasbrouck, Jr., Esqrs., of whom Colonel Johannes Harden bergh was chosen chairman, 44 Resolved, 1st, That it is the opinion of this meeting that we most heartily approve of the Association, and acquiesce in all the other measures entered into by the late general Congress, and we will use every means in our power to render them effectual ; and that it is recommended to the several towns and precincts within this county to choose committees to see the same faithfully observed and carried into execution. "A certain pamphlet entitled "Free Thoughts on the Re solves of the Congress," etc., under the signature of A. W. Farmer, dated November 16, 1774, being then produced and publicly read, it was, " Resolved, 3d, That it is replete with falsehoods artfully calculated to impose upon the illiterate and unthinking ; to frustrate the resolves of the Congress, and to destroy that union so necessary for the preservation of our constitutional liberty; therefore, " Resolved, 3d, That the said pamphlet, in detestation and abhorrence of such infamous publications, be now burnt ; and that the authors, publishers, and circulators of such perform ances be henceforth deemed the enemies of their country. "Resolved, 4th, That the chairman transmit copies of the above resolves to the Committee of Correspondence, for the several towns and precincts within this county. "Which resolves being read and unanimously approved, the above pamphlet was burnt accordingly. "Ordered likewise, That the resolves be printed." Hanover (N. Y.) Committee. At a meeting of the freeholders of the precinct of Hanover, in Ulster county, at the house of Mr. Ajrthur Parks, on Fri day the 27th pi January, 1775, a committee of the following gentlemen being chosen, viz. : Charles Clinton, Alexander Trimble, Arthur Parks, Hendrick Smith, James Latta, Wil liam Jackson, and Jacob Newkirk; Charles Clinton was chosen chairman, and the following resolves were made: "'1st. Resolved, That this meeting do unanimously ap prove of the association, and gratefully rely on the wise and patriotic measures of the late Continental Congress, and that we will, to the utmost of our power, use every prudent measure to render them effectual ; at the same time, that we will earnestly recommend to the respective towns and pre cincts within this county to choose committees to act for their respective districts in conjunction with us.' "A certain pamphlet entitled 'Free Thoughts on the Re- THE BIRTH OF THE REPUBLIC. 187 solves of the Congress' being then exhibited and publicly read, it was " ' 2d, Resolved, That it contains a false but specious show of reasoning, contrived only to induce the ignorant and credulous to counteract the resolves of the Congress, by dis couraging that happy union that subsists among us for the preservation of our constitutional liberty. ' " ' 3d, Resolved, That the said pamphlet, exemplary to all such guilty performances, be now publicly burnt, and that the authors and propagators of such performance be held in due contempt as enemies of their country.' '" It was burnt accordingly. "Signed by order of the committee. "CHARLES CLINTON, Chairman" The Congress at Philadelphia having recommended non importation, the committee of fifty-one, of New York, re signed, and a new committee of sixty was appointed to execute the plan of Congress. Coldeii, December 7th, says that the moderate men in the committee were obliged to support the measures of Congress in order to save the city from destruction by the mob, a pretty sure sign that the body of the people were in sympathy with that body. The Assembly held out against the ratification of the recommen dations of the Continental Congress; and this fact served to delude Colden with the hope that the Province would remain firm in the support of the measures of the govern ment; but there were other facts that he could not quite reconcile with this happy state of things. On the 1st March, 1775, he wrote to Dartmouth as follows : " It is surprising, my lord, that, notwithstanding the firm ness with which the Assembly have discountenanced the measures of the late Congress, and the approbation this part of their conduct has received from a large majority of their constituents, the non-importion association of the Congress is ever rigidly maintained in this place." This admission of the Lieutenant-governor proves that, when he says that a "large majority of the constituents" of the Assembly approved their rejection of the measures of Congress, he refers to the wealthy class of gentlemen; while there must have been a decided majority of the whole people in favor of the Congress measures. In the same letter he mentions other facts equally inconsistent with the statement that a majority of the people were op posed to the measures of Congress. He says : ' ' Two vessels have arrived here since the 1st of February. One of them, from Glasgow, has been obliged to depart with her cargo to Jamaica. Neither the master of the ship, nor the merchant to whom the cargo was consigned, would demand any assist ance, or showed any disposition to have the goods landed. It was not therefore possible for government to interfere 188 THE BIRTH OF THE REPUBLIC. with any propriety. The second ship is from London ; she still lies a few miles below the harbor, and, it is said, is to carry her cargo to Halifax. Neither the master or owners of this ship or cargo have made any application to govern ment. The success, my lord, which the violent party have had in preventing these vessels from landing their cargoes here has given them great spirits, and is a strong counter poise to the conduct of the Assembly. Your lordship will believe me, it has chagrined me a good deal." These are wretched excuses for permitting a mob to block ade the harbor ; and it would have shown more good sense as weU as candor in Golden to have acknowledged himself utterly powerless to prevent the unlawful proceeding. But in his next two letters he had to confess that only the shadow of the British government remained in New York. The people feeling outraged at the course of the Assembly, elected a very full Provincial Congress, in which every county, except three very remote and inconsiderable ones, were represented. They proceeded to ratify the measures of the Continental Congress and to take the reins of local government into their hands. Golden attempts to explain the triumph of the mob, as he styles the people, over the higher classes, by saying that a combination was formed in the other Colonies to crush and ruin New York if she refused to enter into their measures ; and that the news of the battles of Lexington and Concord so increased the enthusiasm of the people that the powers of government were completely prostrated. But the whole tenor of Colden's letters for the five preceding years shows that there was an irrepressible sympathy of all classes with the cause of Massachusetts, and that it was only held in check by the mingled terrorism and blandishments of the government. Early in June open appeals were made to the handful of British troops in the city to desert, and many of them did so. To put a stop to the desertion, it was determined to ship the troops on board a man-of-war. But so bold had become the rioters, and so feeble the government, that even this meas ure could not be executed without insult and interruption. "As soon as the troops marched from the barracks," says Gulden, ** several people began to harangue them, exhorting them to desert, and assuring them of sufficient protection. Two or three fellows had the hardiness to turn off with their arms from the ranks, and were immediately carried away by the people." When the troops arrived at the water's edge, ready to embark, the mob seized and carried off all the ammunition and spare arms, and u the troops embarked without their baggage." On the llth May, 1775, the "General Committee of Asso ciation" of New York sent an address to the Lieutenant- governor, in which the great cause for which the Colonies THE BIRTH OF THE REPUBLIC. 189 were struggling is stated with remarkable clearness and force. The following extracts will serve to convey a notion of the spirit and character of the address. In execution of the trust reposed in them by the people, the committee de clare, ' ' That our constituents, while they cheerfully yield that the legislature of the parent-state may make provisions in their nature merely calculated to regulate the trade of the empire, yet they claim as their indefeasible birthright a total exemption from all taxes, internal and external, by author ity of Parliament, and from every aid to the Crown but on royal requisition to their representatives in Assembly, con stitutionally convened and freely deliberating and deter mining upon every such requisition. " That they never can nor will submit to the establishment of unconstitutional admiralty jurisdiction; but will ever re gard them as engines that may be employed for the most tyrannical purposes. u That they are determined never to part with their pre cious and lately invaded right of trial by peers of their vicinage in any case whatsoever. " That they look with the utmost dread on every expe dient, by authority of Parliament or otherwise, that may tend to secure from condign punishment offenders against the most essential rights of human nature, by removing them for their trial to places distant from the scene of per- pet^ration, at the discretion of a governor or commander-in- chief. " That they esteem, and therefore will by every lawful means oppose, the late oppressive restraints upon commerce, as subversive in their nature of the liberties of America. "That they regard the hostile blockade of the port of Bos ton, the attack upon the venerable Charter of Rights of Mas sachusetts, the extension of the bounds of Quebec, the estab lishment of popery, and an arbitrary form of government in that Province, and the exclusive privileges virtually given to it in the Indian trade, as so many steps of an ill- judging administration that most eminently endanger the liberty and prosperity of the whole empire. "That they view with inexpressible horror the bloody standard erected in the eastern part of the Confederated Colonies; and feel as in their own bodies every stroke which their brave compatriots have received from the hands of their fellow-subjects, cruelly and unnaturally armed against them by mistaken Ministerial severity. " In short, that they are determined to equip themselves for maintaining with successful bravery and resolution, the unquestionable rights of Englishmen." The whole address is conceived in this manly spirit, while it is perfectly respectful to the Lieutenant-governor. His 190 THE BIRTH OF THE REPUBLIC. reply is equally courteous, and evinces a conviction that a redress of the popular grievances was a prerequisite to the restoration of peace. It is due to Golden, and to Tryon, to say that they were both convinced of this fact, and that they had the candor to express the opinion in their com munications with the government. In Tryon's letter to Earl Dartmouth, dated New York, July 4, 1775, he announces his return to the Colony in the following significant language : "I arrived in the Govern ment the 25th of last month, with apparent satisfaction to the inhabitants of this city, and received the next morning the great seal of the Province, and the diminished authority the Lieutenant governor had to transfer to me. "The general revolt that has taken place in the Colonies has put his Majesty's civil Governors in the most degraded situation, left in the exercise of only such feeble executive powers as suits the present conveniences of the country, and this dependent on the caprice of a moment." In the same letter Tryson sagaciously remarks : "If it were the wish, it is not in the power of any one Province to accommodate with Great Britain, being overawed and con trolled by the general confederacy. Oceans of blood may be spilt, but in my opinion America will never receive Par liamentary taxation. I do not meet with any of the inhabi tants who show the smallest inclination to draw the sword in support of that principle. I apprehend, the extremity of calamity which threatens America will not induce her to accept." Three days later Tryon asks leave to return to England a b his discretion, "it being very probable," he declares, "I may be either taken prisoner as a state hostage, or obliged to retire on board of his Majesty's ships of war, to avoid the insolence of an inflamed mob," etc. On the same date he writes that the Mayor and Corpora tion had come to a resolution to present him an address ; but that they had been forbidden to do so by the Provincial Congress, and must yield. They, however, privately left with him a copy, to which he graciously made a reply. But in his letter to Dartmouth he says "That the intimidation and apprehension under which the Mayor and Corporation have acted on this occasion is a melancholy evidence of the impotence of his Majesty's officers and Ministers of Justice of this Province, and of the despotic power with which con gresses and committees can control any body of people among the inhabitants of America." The following is the polite admonition of the Congress to the Mayor and Corporation. It is admirable as an intimation of reserved power : " IN PROVINCIAL CONGRESS, NEW YORK, { July 5. 1775. \ " This Congress, being informed that the Corporation of THE BIRTH OF THE REPUBLIC. 191 the city of New York intend to address his Excellency Governor Try on, " Eesolved, That though this Congress entertain the high est respect for his Excellency, yet it will be altogether improper for the said corporation, or any other body corpo rate or individuals in this Colony, to address his Excellency at this most critical juncture. Eesolved also, That one of the secretaries of this Congress do forthwith serve his Wor ship the Mayor with a copy hereof.' " A true copy from the minutes. "KOBT. BENSON, Secretary." " The above copy of an order was served on me the day of the date thereof. u WHITEHEAD HICKS, Mayor." On the 23d August, the citizens carried off twenty-one pieces of ordnance from the battery under Fort George, and ransacked the Governor's house in search of Captain Foy. Notwithstanding this and similar instances of rough treat ment, Try on became more fully persuaded that the Govern ment of Great Britain should desist from the policy of taxing America ; and that the Americans would never lay down their arms ' ' unless they are called back by some liberal and conciliatory assurances." He seems to have been the only one ef the royal Governors who was capable of comprehend ing the situation of affairs. " The Colonies have outgrown the goveriimerit anciently set over them," said he, ** which ought to rise in strength and dignity as they increase in wealth and population." These were the views of a states man ; and if as much wisdom had ruled in the British Cabi net as was sent to administer the local affairs of New York, the independence of America would have been postponed for a generation at least. On the 19th October, Governor Tryon left his residence in the city, and went on board a British vessel in the harbor, as a measure' of security for his person. This was after a correspondence with the Mayor, in which he required a guaranty of security against arrest and insult as a condition of his remaining longer in the city. Both the Mayor and corporate authorities, and the committee, expressed an earnest desire for him to remain : but they failed to give him the positive assurance he demanded, and he therefore re tired on board a ship under the protection of the Asia man- of-war. All the Crown officers followed his example ; leaving the control of affairs entirely to the Provincial Con gress. In November a general permission was sent from the King, through Earl Dartmouth, to the colonial Governors and King's officers, to leave their posts whenever their safety should demand the step. Most of them had acted on this principle long before the permission arrived, 192 THE BIRTH OF THE REPUBLIC. The following " letter produced to the Continental Con gress and the copy sent to this, in New York,' induced Tryon to desert the shore : "Tryon, with all his malignity of heart, is obliged to lay still as the four regiments are gone to Boston ; he is high in esteem with administration for his behavior at N. Carolina; his plan that he laid for enslaving his country when in England is not laid aside. It will be a capital stroke to secure Governor Tryon's person." The reference above is to Tryon's suppression of the Reg ulators in North Carolina, which will be treated of in its proper place His extravagant expenditures while Gov ernor of that Colony, and the corrupt practices of his sub ordinates, provoked the revolt of the common people, under the name of Regulators. This narrative thus far, and much of that which follows, has been gathered from the copious New York historical collection made by Dr. O'Callaghan. Strange to say, with the most ample materials at hand, the history of New York has never been written, except in meagre and fragmentary parts. As to the Colonial period, her histories, so far as I can find, are mere sketches. Meeting of Freeholders, etc., in New Windsor (Ulster County), New York: "March 14, 1775. " At a meeting of the freeholders and other inhabitants of the precinct of New Windsor, in the county of Ulster and Province of New York, legally convened by mutual con sent in order to elect a Committee of Observation and de liberate on other matters relative to our political welfare, this 14th day of March, 1775 ; then proceeded and chose Mr. George Denniston, chairman and the following persons for the above-named commit tee, viz. : Mr. George Denniston, Mr. Robert Cross, Mr. Joseph Belknap, Mr. Francis Mande- ville, Mr. Nuoc Shutts, and Mr. Hezekiah White ; after wards did solemnly agree to and with each other in observ ing the following resolutions ourselves, and, as far as our influence may extend, recommend them to the observation of others, viz. : u Resolved, 2dly, nem. con., That we will yield to none in point of affection, and loyalty to our most gracious sover eign, but will each one for himself, when thereto legally called (even though to the most distant and remote parts of his Majesty's empire), venture our lives and properties in defence of our sovereign's person, family, and government, when exercised on the above-named principles. It is with the greatest regret and deepest concern of heart, we conceive a plan adopted and invariably pursued for a number of years past by the British Parliament for enslaving us by THE BIRTH OF THE REPUBLIC. 193 levying taxes on us without our consent, and declaring they (the Parliament) are fully vested with power to make laws obligatory on us in all cases whatsoever. "Resolved therefore, 3dly, nem. con., That such declara tions and unbounded power assumed are subversive of our natural and legal rights as British subjects; and that we would be far deficient in point of duty to our King and the British Constitution were we to yield a tame submission to them. "But as the wisdom and prudence of the whole continent had been called forth in appointing and holding a Constitu tional Congress in order to state our grievances and point out the means by which we may be relieved from them, "Resolved, 4thly, nem. con., That we do sincerely and willingly accord to the Association entered into by that body, with a full determination to abide by and observe the same, and do unfeigned] y^ thank our worthy Delegates of the Prov ince of New York, in conjunction with the rest of that honor able body, for the care they have taken for the security of our liberties, and the patriotic principles they have exhibited to the world, which will remain more sure and permanent in the annals of American history than monuments either of brass or marble erected to the honor and perpetuity of their memory." ASSOCIATION OF NEW YORK. " NEW YORK, May 4, 1775. "The following Association was set on foot here last Saturday, April 29th, and has been transmitted for signing to all the counties in the Province, and. signed by most of the men of this city : 1 * Persuaded that the salvation of the rights and liberties of America depend under God on the firm union of its in habitants in a vigorous prosecution of the measures neces sary for its safety, and convinced of the necessity of prevent ing the anarchy and confusion which attend a dissolution of the powers of government; we, the freemen, freeholders, and inhabitants of the city and county of New York, being greatly alarmed at the avowed design of the Ministry to raise a revenue in America, and shocked by the bloody scene now acting in the Massachusetts Bay, do in the most solemn manner resolve never to become slaves; and do as sociate under all the ties of religion, honor, and love of coun try to adopt and endeavor to carry into execution whatever measures may be recommended by the Continental Congress, or resolved upon by our Provincial Convention, for the pur pose of preserving our Constitution and opposing the execu tion of the several arbitrary and oppressive acts of the British Parliament, until a reconciliation between Great' Britain and America on Constitutional principles (which we 194 THE BIRTH OF THE REPUBLIC. most ardently desire) can be obtained ; and that we will in all things follow the advice of our General Committee re specting the purposes aforesaid the preservation of peace and good order, and the safety of individuals and private property." Cumberland County (N. F.) Committee. "At a full meeting of the Delegates from the several towns in the county of Cumberland, Colony of New York, convened at Westminster, June 6, 1775 : " The county of Cumberland, having received certain intel ligence from Mr. Isaac Low, chairman of the Committee of Correspondence at New York, that it is the desire of the said respectable Committee of Correspondence of New York that the sense of the people in said county of Cumberland should be fully known with regard to the hostile measures that are using by the British Parliament to enforce the late cruel, unjust, and oppressive acts of said British Parliament through the British Colonies in America; we, the Delegatss from the several towns and districts in said county of Cum berland, being chosen by the freeholders and inhabitants of the same to exhibit to the Provincial Congress the sense and voice of the people with regard to the unjust proceedings of the British Parliament, etc., do pass the following re solves : "1st. Resolved, nem. con., That the late acts of the British Parliament passed in order to raise a revenue in America are unjust, illegal, and diametrically opposite to the Bill of Eights and a fundamental principle of the British Constitu tion which is ' that no person shall have his property taken from him without his consent.' "2d. Resolved, nem. con., That we will resist and oppose the said acts of Parliament, in conjunction with our brethren in America, at the expense of our lives and fortunes, to the last extremity, if our duty to God and our country require the same. "3d. Resolved, nem. con., That we think it needless to pass many resolves exhibiting our sentiments with regard to the unhappy controversy subsisting between Great Britain and America. Let it suffice, therefore, that we fully ac quiesce with what our brethren have lately done at New York in their late Association ; and it is hereby resolved, That the late Association entered into at New York is perfectly agreeable to the sentiments of the freeholders and inhabitant s ot this county, and that they fully acquiesce in the same." BrooJchaven (New York} Committee. " At a meeting of the freeholders and other inhabitants of the town of Brookhaven, in the county of Suffolk and Province of New York, on the 8th day of June, 1775 : Then THE BIRTH OF THE REPUBLIC. 195 by a large majority of votes were chosen and elected sixteen persons as a Committee of Observation to represent said town, and to deliberate on other matters relative to our present political welfare. " Agreed that the last Tuesday in June be appointed as a day for the above-named committee to meet." "Then proceeded and chose John Woodhull, Esq., chair man, and Mr. Samuel Thompson, clerk, and entered into the following votes and resolutions : " 1st. Resolved, nem. con., That we express our loyalty to his Majesty King George the Third, and acknowledge him as our rightful lord and sovereign, as settled on Revolu tionary principles, being of legal descent from the illustrious house of Brunswick, to the utter exclusion of the family of the Stuarts, who by their despotic and tyrannical principles were deservedly banished and rendered unfit to sway the British sceptre. U 2d. Resolved, That it is the opinion of this committee that the above resolution was the opinion of the Continental Congress that sat last year, and is also the opinion of the Continental Congress and our Provincial Congress now sit ting ; and that it is also the opinion of very far the greater part of English inhabitants of this most extensive continent. "3d. Resolved unanimously, That it is the opinion of this committee that the several acts passed in the British Parlia ment for the express purpose of raising a revenue in America ; also the acts for stopping the port of Boston, for altering their charter and government, for establishing the Roman Catholic religion, and abolishing the equitable system of English laws, and erecting in their stead French despotic government in Canada ; as also the act for restraining the New England fishery, and many other acts of a similar nat ure ; and further declaring they have power vested in them to make laws binding on us in all cases whatsoever, are con trary to the Constitution and subsersive of our legal rights as English freemen and British subjects. "4th. Resolved, nem. con., That we will use our utmost endeavors as far as in us lie, and we will earnestly recom mend it to our constituents strictly and invariably to abide by and adhere to the determinations and resolutions of the honorable the Continental Congress and also strictly to comply with the injunctions of our Provincial Convention, which (under God), we hope is the most effectual means to obtain a redress of our present public grievances, and save us from impending ruin. "A Committee of Correspondence was also appointed by the Assembly, which approved of a general Congress." The mechanics were organized into an association, and it was found expedient to consult their views and wishes. On the 6th July, 1774, a public meeting was held in the 196 THE BIRTH OF THE REPUBLIC. " Fields," which favored more vigorous measures than those proposed by the committee. Kesolutions were adopted which denounced the Boston Port Bill as ''oppressive to the inhabitants of the town, unconstitutional in its principles, and dangerous to the liberties of British America." They also resolved in favor of non-intercourse, and in favor of sending relief to the distressed inhabitants of Boston. This meeting was presided over by Alexander McDouprall, whom Lieutenant-governor Golden styled the John Wilkes of America. Though a member or the committee, he was too radical for that body, and this meeting was called without its approbation and disapproved of. The other members of the committee who participated in this meeting in the "Fields," the Bowery were Francis Lewis, Joseph Hal- lett, P. V. B. Livingston, Isaac Sears, Thomas Band all, Abraham P. Lott, and Leonard Lispenard. They withdrew from the Committee ; and were joined in this step by three other members who were not present, viz. : John Browne, Abraham Brosher, and Jacobus van Zandt. Notwithstanding this schism, all parties agreed in sending the same five Delegates to Philadelphia, who were pledged to vote for non-importation. The committee, at a meeting on May 8, 1775, denounced as enemies all who shall sell arms to persons who are not friends to the rights of the Colony. They also required a regular return of all arms on hand or to be purchased. The Delegates in the Continental Congress were not au thorized to assent to a Declaration of Independence, on the 4th of July, 1776, but authority was promptly given when the fact was made known to the convention of the Colony, sitting in New York City, July 9th. PENNSYLVANIA. No Colony displayed more gratitude to the King and Par liament when news of the repeal of the Stamp Act was re ceived, than Pennsylvania, as has been seen in a preceding chapter ; but when that repeal was followed up by a declar ation of the right of the Parliament to bind the Colonies "in all cases whatsoever," and by the practical assertion of that claim bv the passage of the tax on paper, glass, tea, and other articles, she was as prompt and as spontaneous in her opposition as the foremost of her sisters. On the 20th February, 1768, the Assembly instructed their agents in London "to co-operate with the agents of the other Colonies in any decent and respectful application to Parliament, in case such application should be made by them, for a repeal of the late acts imposing duties on the im portation of paper, glass, etc., into the American Provinces: which act, they said, was looked upon as highly injurious to the rights of the people and their commercial interest." THE BIRTH OF THE REPUBLIC. 197 "In September of the folio wing year," says Gordon, "the Governor laid before them a letter from the Earl of Hills- borough, lately appointed to the new office of Secretary to the Colonies, denouncing the circular [of the Massachusetts Assembly, which remonstrated against the new act for tax ing the Colonies] as of the most dangerous and factious tendency, calculated to inflame the minds of the Colonists, promote unwarrantable combinations, excite and encourage open opposition to and denial of the authority of Parlia ment, and to subvert the true nrinciples of the Constitution. He was commanded ' to use his utmost influence to defeat this flagitious attempt to disturb the public peace by pre vailing upon the Assembly of his Province to take no notice of it, thereby treating it with the contempt it deserved.' The repeated proofs, continued the Secretary, 'which the Assembly of Pennsylvania had given of their reverence and respect for the Constitution, left no doubt of their showing a proper resentment of this unjustifiable attempt to revive those distractions which have operated so fatally to the prejudice of the kingdom and Colonies.' But, should it be otherwise, and a disposition appear in the Assembly to coun tenance this siditious paper, the Governor was further com manded to prorogue and dissolve them a C9mmand which could be executed by the abrogation of their Charter only. Immediately after the letter had been read, Mr. Galloway, the speaker, laid before the house a circular from the As sembly of Virginia, recapitulating the grievances and agree ments of Massachusetts, and recommending a union of the Colonies in opposition to the measures having an immediate tendency to enslave them, by which means they anticipated the re-establishment of the Constitution upon its genuine principles. ' ' This recommendation wa adopted by the Assembly, and a committee appointed to prepare petitions to the King, and upper and lower Houses of Parliament. And that no mistake might exist in regard to their sentiments on the letter of the Earl of Hillsborough, they resolved, * That, by their Charter and laws, they had a right to sit on their own adjournments ; and that the Governor had no constitutional authority to prorogue or dissolve them; and that it was their undoubted right to correspond with the representatives of the freemen, of any of his Majesty's Colonies in America, relative to grievances which might affect the general welfare of the Colonies, in order to obtain, by decent petitions to his Majesty and his Parliament, redress of such grievances." The petitions to the King and Parliament, Mr. Gordon suggests, were probably written by Mr. Allen, who was the representative from Cumberland, and Chief Justice. " Our ancestors," say the petitioners, in their address to the King, "near a century past, with a view of enjoying that liberty, 198 THE SIRTff OF THE REPUBLIC. both civil and religious, of which they were in a great meas ure deprived in their native land, to extend the empire of the British dominions, to increase its commerce, and pro mote its wealth and power before the accession of your Ma jesty's illustrious house to the British throne, removed from the mother-country to the Province of Pennsylvania, then a wilderness. The disadvantages, dangers, and distresses nec essarily attendant upon this separation from their friends and relatives, and the land of their nativity, we trust must ap pear to your Majesty's wisdom too evident to need a repe tition; and yet, with inexpressible labor, toil, and expense, and without the least assistance from the parent-state, they and their descendants, by their prudence and strict economy, have peopled, planted, and improved that wilderness into an extensive and heretofore flourishing Colony, and thereby greatly added to the commerce and wealth of the nation, and to the power and dignity of your Majesty's empire. " While thus contributing to the welfare of the mother- state, and struggling with innumerable difficulties to enlarge its dominions, we most humbly conceive that your Majes ty's faithful subjects of this Province have, by no act what ever, surrendered up or forfeited those constitutional rights and liberties which were inseparably annexed to their persons as natural-born subjects of the British Government; but, on the contrary, that those rights, brought over by our ances- cestors to this land, are now vested in their descendants as an inheritance the most important and valuable, on the en joyment whereof their future safety and happiness depend." " Thus possessed of the rights of Englishmen derived to them from the most excellent Constitution, and under a firm persuasion that the enjoyment and full exercise thereof would be continued down to your people of this Colony, and their latest posterity, it is with inexpressible concern and anxiety that we find ourselves under the necessity of repre senting to your Majesty that certain duties and taxes for the sole purpose of raising a revenue have been imposed by Parliament on your Majesty's American subjects, although they have no representative or voice in tha,t most respecta ble and august body. That this taxation, we most humbly apprehend, is destructive of those rights and that freedom which they are by birth entitled to as men and Englishmen, who cannot be legally taxed, either by the principles of equity or the Constitution, but by themselves or legal repre sentatives; and that, should this law remain unrepealed, and the Commons of Great Britain exercise in future the power of granting the property of your Majesty's American subjects without their consent, and without having any Constitutional opportunity of being informed of their true circumstances and ability to bear such taxation, which their situation and distance from the mother-country render im- THE BIRTH OF THE REPUBLIC. 199 practicable, your faithful people of these Colonies will pos sess nothing which they can call their own all security of property will be lost." The modification of the revenue act by the repeal of all the duties except that on tea was far from satisfying the Colonies, since the right to tax was still asserted. The non importation and non-consumption agreements of the Colo nists as to this article, imported from Great Britain, effec tually nullified the act; and for some years there was a cessation of political excitement on the subject, until the arrival of the East India Company's cargoes of tea, in the latter part of 1773, precipitated the conflict. But the " Assembly of Pennsylvania renewed their protest against the revenue act," says Gordon, " after its modifica tion, as a precedent for future oppression; and they in structed their agent, Dr. Franklin, to oppose whatever might affect the liberties of America or the rights of the Province, and, more especially, any plan which might be proposed for an American representation in Parliament." "The conduct of the Pennsylvanians was prompt, bold, yet temperate. At a meeting of the inhabitants of Phila delphia, held on the eighteenth of October, 1773, it was re solved, "That the disposal of their own property is the inherent right of freemen; that there can be no property in that which another can of right take from us without our con sent: that the claim of Parliament to tax America is, in other words, a right to levy contributions on us at pleasure; " That the duty imposed by Parliament on tea landed in America is a tax on the Americans, or levying contribu tions on them without their consent ; " That the express purpose for which the tax is levied on the Americans namely, for the support of the Government, administration of justice, and defence of his Majesty's dominions in America has a direct tendency to render Assemblies useless, and to introduce arbitrary government and slavery; * ' That a virtuous and steady opposition to this Ministerial plan of governing America is absolutely necessary to pre serve even the shadow of liberty, and is a duty which every freeman in America owes to his country, to himself, and to posterity ; "That the resolution lately entered into by the East India Company, to send out their tea to America, subject to the payment of duties on its being landed here, is an open attempt to enforce this Ministerial plan and a violent attack on the liberties of America ; "That it is the duty of every American to oppose this attempt ; "That whoever shall directly or indirectly countenance 200 THE BIRTH OF THE HEPUBLIO. this attempt, or in any wise aid or abet in unloading, re ceiving, or vending the tea sent or to be sent out by the East India Company, while it remains subject to the pay ment of a duty here, is an enemy to his country ; " That a committee be immediately chosen to wait on those gentlemen, who, it is reported, are appointed by the East India Company to receive and sell said tea, and re quest them, from a regard to their own characters and the peace and good order of the city and province, immediately to resign their appointment." " PHILADELPHIA, Monday, June 13, 1774. "On Thursday evening last, June 9th, about twelve hun dred mechanics of this city and suburbs assembled at the State-house to hear a letter read from the mechanics of the city of New York, and to form such resolutions as should be "judged proper for ^their future conduct at this most alarming and critical time when American liberty is so deeply wounded, and her rights so unjustly invaded by levying taxes on us, without our consent, for the purpose of raising a revenue; and for refusing payment of those illegal taxes; blocking up with divers ships of war the port and town of Boston, thereby most unjustly depriving that once flourishing town of its whole trade, the inhabitants of their private property, and the laboring poor of the means of subsisting themselves and families. These proceedings of the parent -state against her American children call aloud upon all Americans to assemble, consult, and determine firmly to pursue such measures for their own and neighbors' future security as shall be judged most likely to avert the present calamity, and secure to them the perfect enjoy ment of their Liberties and properties upon a fixed and last ing foundation; for which purpose the mechanics of this city did propose and intend at this meeting to form such resolutions to co-operate with the committee of merchants, and to strengthen their hands, as will convince the world Americans were born and determined to live free, and that they never will be slaves; that liberty is their birthright, they cannot, they will not, give it up." Lancaster (Penn.) Resolutions. "At a meeting of the inhabitants of the borough of Lan caster, at the Court-house in said borough, on Wednesday the 15th day of June, 1774, "Agreed, That, to preserve the Constitutional rights of the inhabitants of America, it is incumbent on every Colony to unite, and use the most effectual means to procure a repeal of the late acts of Parliament against the town of Boston ; That the act of Parliament for blocking up the port and harbor of Boston is an invasion of the rights of the inhabi- TBE BIRTH Off THE REPUBLIC. 201 tants of the said town as subjects of the Crown of Great Britain; that it is the opinion of the inhabitants of this meeting that the most proper and effectual means to be used to obtain a repeal of the said act will be to put an immediate stop to all imports and exports to and from Great Britain until the same act be repealed; that the traders and inhabitants of this town will join and concur with the patriotic merchants, manufacturers, tradesmen, and free holders of the city and county of Philadelphia, and other parts of the Province, in the association of solemn agree ment to this purpose, if it shall be by them thought necessary." City and County of Philadelphia (Penn.} Resolutions. At a yery large and respectable meeting of the freeholders and freemen of the city and county of Philadelphia, in the province of Pennsylvania, held on Saturday, June 18, 1774, T. Willing and John Dickinson, chairmen : "Eesolved, 1st. That the act of Parliament for shutting up the port of Boston is unconstitutional, oppressive to the inhabitants of that town, dangerous to the liberties of the British Colonies, and that therefore we consider our breth ren at Boston as suffering in the common cause of America. "2d. That a congress of deputies from the several Colo nies in North America is the most probable and proper mode of procuring relief for our suffering brethren, obtaining re dress of American grievances, securing our rights and liber ties, and re-establishing peace and harmony between Great Britain and these Colonies on a Constitutional foundation. " 3d. That a large and respectable committee be immedi ately appointed for the city and county of Philadelphia, to correspond with the sister-Colonies, and with the several counties in this Province, in order that all may unite in pro moting and endeavoring to attain the great and valuable ends mentioned in the foregoing resolutions." Chester County (Penn.) Resolutions. At a meeting of a respectable body of the freeholders, inhabitants of the county of Chester, on Saturday the 18th of June, 1774, the following .esolutions were deliberately and unanimously agreed on, viz. : " 1. That it is an absolute right, inherent in every English subject, to have the free use, enjoyment, and disoppsal of all his property, either by himself or his representatives; and that no other power on earth can legally divest himself of it. U 2d. That we apprehend the act of Parliament for shut ting up the port of Boston (until his Majesty's duties be duly collected, etc.) is highly arbitrary and oppressive to the in- THE BIRTH OF THE REPUBLIC. habitants of that town, and in its consequence may en danger the liberties of all the British Colonies in America. "3d. That the two bills mentioned in the last advices from London to be passing in Parliament, one changing the chartered Constitution ot the Province of Massachusetts Bay into a military government, and the other empowering the Governor or Lieutenant-governor to send any person or persons to England to be tried for actions committed in that Colony, are subversive of every idea of liberty, and serve as a prelude to the fate of each chartered British Colony on this continent." "4th. That a Congress of Deputies from the said Colonies is the probable and proper mode of procuring relief for our suffering brethren, obtaining redress, and preserving our natural rights and liberties, and the establishing peace and mutual confidence between the mother-country and her Colonies on a Constitutional foundation." Northampton County (Pa.) Resolutions. " At a meeting of the justices, the gentlemen of the bar, Grand Jury, and principal inhabitants of the county of Northampton, held at Easton on the 21st day of June, 1774, " George Taylor, Esq., in the chair, "It being considered that it was necessary for all the counties of this Province to join with their brethren of Philadelphia in expressing their sentiments upon the present interesting occasion relative to the oppressive acts of Parlia ment lately passed in Great Britain, tending to destroy the liberties of North America, it was unanimously resolved as follows : "1st. That the act of Parliament for shutting up the port of Boston is an act of the highest oppression and a vio lation of the liberties of America. "2d. That as we consider the inhabitants of the said town as suffering in the common cause of American free dom, we will assist them to obtain redress by every legal act in our power. "3d. That it is our opinion the most constitutional and effectual method for obtaining such redress is by having a general Congress of committees, to be composed and chosen out of the members of the different Assemblies of each Colony." Pennsylvania Convention. "At a Provincial Meeting of Deputies chosen by the several counties in Pennsylvania, held at Philadelphia, Fri day, July 15, 1774, and continued by adjournments from day to day, Agreed, That, in case of any difference in senti ment, the question be determined by the Deputies voting by counties. The letters from Boston of the 13th of May were THE BIRTH OF THE REPUBLIC. 203 then read, and a short account given of the steps taken in consequence thereof, and the measures now pursuing in this and the other neighboring Provinces. After which the fol lowing resolves were passed : "Unanimously, 1, That we acknowledge ourselves, and the inhabitants of this Province, liege subjects of his Majesty King George the Third, to whom they and we owe and will bear true and faithful allegiance. " Unanimously, 2, That, as the idea of an unconstitutional independence on the parent-state is utterly abhorrent to our principles, we view the unhappy differences between Great Britain and the Colonies with the deepest distress and anxiety of mind, as fruitless to her, grievous to us and destructive of the best interests of both. "Unanimously, 3, That it is therefore our ardent desire that our ancient harmony with the mother-country should be restored, and a perpetual love and union subsist between us, on the principles of the Constitution, and an interchange of good offices, without the least infraction of our mutual rights. "Unanimously, 4, That the inhabitants of these Colonies are entitled to the same rights and liberties within these Colonies that the subjects born in England are entitled to within that realm. "Unanimously, 5, That the power assumed by the Parlia ment of Great Britain to bind the people of these Colonies 'by statutes in all cases whatsoever' is unconstitutional, and therefore the source of these unhappy differences. "Unanimously, 6, That the act of Parliament for shutting up the port of Boston is unconstitutional, oppressive to the inhabitants of that town, dangerous to the liberties of the British Colonies, and therefore that we consider our breth ren at Boston as suffering in the common cause of these Colonies. "Unanimously, 7, That the bill for altering the adminis tration of justice in certain criminal cases within the Pro vince of Massachusetts Bay, if passed into an act of Parlia ment, will be as unconstitutional, oppressive, and dangerous as the act above mentioned. "Unanimously, 8, That the bill for changing the Consti tution of the Province of Massachusetts Bay established by charter and enjoyed since the grant of that charter, if passed into an act of Parliament, will be unconstitutional and dangerous in its consequence to the American Colonies. "Unanimously, 9, That there is an absolute necessity that a Congress of Deputies from the several Colonies be im mediately assembled, to consult together and form a general plan of conduct to be observed by all the Colonies for the purpose of procuring relief for our suffering brethren, ob taining redress of our grievances, preventing future dis- 204 THE BIRTH OF THE REPUBLIC. sensions, firmly establishing our rights and restoring har mony between Great Britain and her Colonies on a Consti tutional foundation. ''Unanimously, 10, That, although a suspension of the commerce of this large trading Province with Great Britain would greatly distress multitudes of our industrious in habitants, yet that sacrifice and a much greater we are ready to offer for the preservation of our liberties ; but in tenderness to the people of Great Britain, as well as of this country, and in hopes that our just remonstrances will at length reach the ears of our gracious sovereign and be no longer treated with contempt by any of our fellow-subjects in England, it is our earnest desire that the Congress should first try the gentler mode of stating our grievances and making a firm and decent claim of redress. "11, Resolved, by a great majority, That yet, notwith standing, as an unanimity of counsels and measures is indis pensably necessary for the common welfare, if Congress shall judge agreements of non-importation and non-exporta tion expedient, the people of this Province will join with the other principal and neighboring Colonies in such an association of non-importation from and non-exportation to Great Britain as shall be agreed at the Congress." "ASSEMBLY OF PENNSYLVANIA, ) July 23, 1774. ] "Ordered, That the resolve of the Committee of the Whole be received immediately. Mr. Rhodes then (according to order) reported the said resolve, which he first read in his place, and then delivered at the clerk's table, where the said resolve was again read by order, and follows in these words, viz. : The Committee of the Whole House, taking into their most serious consideration the unfortunate differences which have long subsisted between Great Britain and the American Colonies, and been greatly increased by the operation and effects of divers late acts of the British Parliament, " 'Resolved, N. C. D., That there is an absolute necessity that a Congress of Deputies from the several Colonies be held, as soon as conveniently may be, to consult together upon the present unhappy state of the Colonies, and to form and adopt a plan for the purposes of obtaining redress of American grievances, ascertaining American rights upon the most solid Constitutional principles, and for establishing that union and harmony between Great Britain and the Colonies which is indispensably necessary for the welfare and happiness of both.' "The House resumed the consideration of the resolve from the Committee of the Whole House, and, after some debate thereon, adopted and confirmed the same." THE BIRTH OF THE REPUBLIC. 205 PENNSYLVANIA CONVENTION. Proceedings of the convention for the Province of Penn sylvania, held at Philadelphia, January 23, 1775, and con tinued by adjournments to the 28th : " Eesolved unanimously, That this convention most heart ily approve of the conduct and proceedings of the Continental Congress ; that we will faithfully endeavor to carry into ex ecution the measures of the association entered into and re commended by them ; and that the members of that very respectable body merit our warmest thanks by their great and disinterested labours for the preservation of the rights and liberties of the British Colonies. " Thursday, December 8, 1774. " The members deputed in behalf of this Province to at tend the general Congress held at the city of Philadelphia in September and October last, presented to the chair a printed journal of the resolutions and proceedings of the said Congress, together with a report in writing, which latter was read by order, and follows in these words, viz. : " ' We, the committee appointed on the part of this Prov ince by the late and present Houses of Representatives to at tend the Congress of deputies from the several Colonies, beg leave to report the performance of that service as contained in a journal ofthat Congress here with delivered, which we humbly submit to the consideration of the House : " ' EDWARD BIDDLE, CHAS. HUMPHREYS, JOHN DICKINSON, JOHN MORTON, THOMAS MIFFLIN. "PHILADELPHIA December 8, 1774. " Ordered, That the reading and consideration of the jour nal of the proceedings of the general Congress be deferred till to-morrow. " Friday, December 9, 1774. " The House proceeded in the consideration of the resolu tions of the Congress, and, after some debate, ordered that the further consideration thereof be deferred till to-morrow morning. " Saturday, December 10, 1774. "The House, agreeable to the order of yesterday, taking into consideration the report of the committee appointed to attend the general Congress, and the papers therein referred to, "Resolved unanimously, That this House approve the proceedings and resolves of the Congress, and do most seri ously recommend to the good people of this Province a strict attention to and an inviolable observation of the several 206 THE BIRTH OF THE REPUBLIC. matters and things contained in the journal of the Congress. Upon motion, "Ordered That the foregoing resolution he immediately made public." NEWTOWN (BUCKS COUNTY), PA., ) " January 16, 1775. \ " A large majority of the committee chosen in said county on the 15th of December last, in pursuance of notice for that purpose given, this day assembled in said town and unani mously chose " Joseph Hart, Esq., chairman, and John Chapman, clerk. " The committee, then taking into consideration the meas ures recommend by the Continental Congress for the re dress of American grievances, entered into the following re solves unanimously : " 1st. That we highly approve of the pacific measures re commended by the Continental Congress for the redress of American grievances, and do hereby render our unfeigned thanks to the worthy gentlemen who composed that august assembly, for the faithful discharge of the trust reposed in them. " 2d. That we hold ourselves bound, in justice to ourselves, our posterity, our King, and our country, strictly to observe and keep the association of said Congress, especially as it is recommended to us by the united voice of our representatives in Assembly, and, as a committee, will use our utmost en deavors to have it carried into execution. 4 ' 3d. That we hold it as our bounden duty,both as Christians and as countrymen, to contribute towards the relief and sup port of the poor inhabitants of the town of Boston now suffer ing in the general cause of all the Colonies ; and we do hereby recommend the raising of a sum of money for that purpose, to every inhabitant or taxable in this county, as soon as pos sible." Chester County (Pa.) Committee. March 20, 1775. "Pursuant to adjournment and public notice given, the committee of Chester County met at the house of Richard Cheyney, in East Coin. "On motion, ordered, That Mr. Hockley, Mr. Johnston, Mr. Grenow, Mr. Lloyd, Mr. Frazer, Mr." Moore, and Mr. Taylor be and they are hereby appointed a committee to essay a draft of a petition to present to the general Assem bly of this Province, with regard to the manumission of slaves; especially relating to the freedom of infants here after born of black women within this Colony ; and do make report of the .same to this committee at their next meeting. " On motion, ordered, That each member in this commit tee will use his utmost diligence in collecting the several sums of money subscribed for the use of Boston, and pay THE BIRTH OF THE REPUBLIC. 207 the same into the hands of Anthony Wayne, Esq. , treasurer, at the next meeting of this committee." " ' Committee of Yorktown, York County, Iknn., to John Hancock and Thomas Gushing; " ' YORKTOWN, April 13, 1775. u * HONOURED FRIENDS AND COUNTRYMEN: Sorry are we to hear that the hand of oppression still bears hard on your city, and that the distresses of your poor are not yet allevi ated. If your misfortunes and sufferings could be divided, the inhabitants of this county would,, cheerfully bear a part. This, it seems, cannot be done ; your destined town must stand the shock alone. We want words to express the high sense we have of your conduct and virtue ; few men in the world would have opposed despotism and stood the torrent of Ministerial despotism with BO much steadiness, intrepidity, and resolution as the inhabitants of your town and county have done. You have true notions of liberty. You have purchased it. You ought to enjoy it. The noble stand made by the Province of Massachusetts Bay, if faithfully adhered to, has laid the foundation for establishing Ameri can liberty on the most firm basis. The other Colonies will be equally gainers by a favorable determination of the con test, and will not desert you in the time of danger; they will doubtless grant you the most effectual assistance. " 'This county, upon the earliest intelligence of your dis tress, forwarded subscriptions for the poor of Boston. Grain was generally subscribed ; we expected to have sent it last fall, but could not collect it at any seaport before the winter season came on ; so that the shipping of it was postponed till the spring. Upon the meeting of the committee of this county in February last, shortly after the receipt of the King's speech to the Parliament, it was thought that it would not be safe to send grain. The committee therefore determined to convert the grain into cash, and remit the same in specie or bills of exchange to you. Your poor have suffered much by this resolution, as the price of wheat is greatly fallen. The subscriptions of but a part of the county have yet come in. We send you the sum of 246 8s. lOd. , to be remitted to you in bills of exchange or specie, by Messrs. Jonathan B. Smith and John Mitchell, merchants, of Philadelphia, which be pleased to distribute among our poor and unhappy coun trymen in your town, or in its neighborhood, in such man ner as you shall think proper. As there are a few disaf fected people in this Province, we must trouble you to publish the receipt of the donations as is mentioned in the inclosed paper. Your friends here are numerous, and most heartily interested themselves in your favor. As soon as the rest of the subscriptions in this county are paid, we shall cheerfully remit the same to you. ** * We wish you a speedy relief from all your sufferings, 208 THE BIRTH OF THE REPUBLIC. and are, gentlemen, with the greatest respect, your real friends and most obedient humble servants, * ' ' James Smith, Pres. Com. ; " 'Geo. Eichelberger, Geo. Fuvin, David Grier, Jos. Donaldson, Michael Dowdle, Michael Schmyser, Michael Swope, Balzard Spangler, Peter Reel, John Hay. Thomas Hartley, " * Committee of Correspondence of York County. " ' To John Hancock and Thomas Gushing, Esqrs., commit tee for receiving and distributing the donations for the poo r of Boston.'" "PENNSYLVANIA ASSEMBLY, j May 4, 1775. " The House met pursuant to adjournment. The commit tee appointed to prepare and bring in a draft of an answer to the Governor's message, reported an essay for that pur pose, which, being read by paragraphs, and, after some alteration, agreed to by the House, was ordered to be trans cribed. The answer of the House to Governor's message, being transcribed according to order, was again read, signed by the speaker, and follows as in these words, viz. : " ' May it Please Your Honour: "We have taken into our serious consideration your message of the second instant, and the resolution of the British House of Commons therein referred to. "'Having "weighed and considered this plan with the temper, calmness, and deliberation that the importance of the subject and the present critical situation or affairs de mand," we are sincerely sorry that we cannot " think the terms pointed out "afford u a just and reasonable ground for a final accommodation " between Great Britain and the Colonies. Your Honour observes " that the Colonies, amidst all those complaints which a jealousy of their liberties has occasioned, have never denied the justice or equity of con tributing towards the burdens of the mother-country ;" but your Honour must know that they have ever unanimously asserted it as their indisputable right that all aids from them should be their own free and voluntary gifts, not taken by force nor extorted by fear. Under which of these de scriptions the "plan held forth and offered by the parent to her children " at this time, with its attendant circumstances, deserves to be classed, we choose rather to submit to the determination of your Honour's good sense, than to attempt proving by the enumeration of notorious facts or the rep- etion of obvious reasons. If no other objection to "the plan proposed ' occurred to us, we should esteem it a dishon orable desertion of sister-Colonies, connected by a union, THE BIRTH OF THE REPUBLIC. '209 founded on great motives and mutual faith, and conducted by general councils, for a single Colony to adopt a measure so extensive inconsequence, without the advice and consent of those Colonies engaged with us by solemn ties in the same common cause.' " Extract of a letter from Carlisle (Cumberland Co.), Penn sylvania, dated May 6, 1775 : "Yesterday the county committee met from nineteen townships on the short notice they had. About three thou sand men have already associated. The arms returned amount to about fifteen hundred. The committee have voted five hundred effective men, besides commissioned officers, to be immediately drafted, taken into pay, armed, and disciplined, to march on the first emergency ; to be paid and supported as long as necessary by a tax on all estates, real and personal, in the county ; the returns to be taken by the township committees and the tax laid by the com missioners and assessors; the pay of the officers and men nearly as usual in times past. This morning we met again at eight o'clock ; among the subjects of inquiry this day, the mode of drafting or taking into pay, arming, and victualling immediately, the men and the choice of "field and other officers will, among other important matters, be the subject of deliberation. The strength of spirit of this county may perhaps appear small if judged of by the number of men pro posed ; but when it is considered that we are ready to raise fifteen hundred cr two thousand, should we have support from the Province, and that, independent and in uncertain expectation of such support, we have voluntarily drawn upon this county a debt of about twenty seven thousand pounds per annum, I hope we shall not appear contempti ble. We make great improvement in military discipline ; it is yet uncertain who may go." Bucks County (Pa.) Committee. " At a meeting of the committee of the county of Bucks, held at the house of Richard Leedom, May the 8, 1775, "Resolved unanimously, That we do heartily approve of the resolves of the late Provincial convention held at Phila delphia the 23d day of January last, and do earnestly re commend it to the observation of the inhabitants of this county. "Resolved unanimously, That notwithstanding the dis approbation we have hitherto shown to the prosecution of any violent measures of opposition arising from the hopes and expectations that the humanity, justice, and magna nimity of the British nation would not fail of affording us relief; being now convinced that all our most dutiful appli cations have hitherto been fruitless and vain, and that'at- 210 THE BIRTH OF THE REPUBLIC. tempts are now making to carry the oppressive acts of Par liament into execution by military force, we do therefore earnestly recommend to the peoply of this county to form themselves into associations in their respective townships, to improve themselves in the military art, that they may be rendered capable of affording their country that aid which its particular necessities may at any time require. "Joseph Hart, John Kidd, Joseph Kirkbride, James Wal lace, and Henry Wynkoop, or any three of them, are ap pointed as delegates to meet in Provincial convention, if any should be found necessary. "The committee request all persons who have taken sub scriptions for the relief of the poor of Boston as soon as pos sible to collect and pay the same into the hands of the treas urer, Henry Wynkoop, that it may be speedily applied towards the benevolent purpose for which it was intended; and at the same time to give those who have not subscribed an opportunity to contribute also. ' { By order of the committee. "HENRY WYNKOOP, Clerk. Chester County (Pa.) Committee. "At a meeting of the committee for the county of Ches ter, at the borough of Chester, May 15, 1775, " Anthony Wayne, Esq., in the chair, the following re solves were made, viz. : "Whereas, The British Parliament, instead of hearing pur just complaints or showing the least regard to the dutiful and lawful petition of the late Continental Congress on be half of America, have proceeded to fresh acts of tyranny and oppression, which, added to an address of both Lords and Commons to his Majesty, declaring the inhabitants of the Province of Massachusetts Bay to be in a state of open re bellion, and several of the other Colonies encouragers of the same, have induced the soldiery under the command of General Gage, at Boston, to commence a civil war by wan tonly firing upon and murdering a number of the inhabi tants of that Province: And whereas, The said address mili tates equally against all the inhabitants of the other Colonies who have the virtue to refuse obedience to laws and meas ures destructive to the best rights and liberties of America, which, if suffered to take effect, must inevitably reduce these Colonies to a state of abject slavery, from which in all prob ability no human efforts would ever be able to rescue them ; and although we will not yield to any of our fellow-subjects in point of duty and loyalty to our most gracious sovereign, yet we cannot be so far negligent of our own happiness as totally to neglect providing for our common safety : Therefore, " Resolved unanimously, 1st, That it is the indispens able duty of all the freemen of this county immediately THE BIHTH OF THE REPUBLIC. 211 to form and enter into associations for the purpose of learning the military art ; and that they provide themselves with proper arms and ammunition to be ready in case of emergency to defend our liberty, property, and lives against all attempts to deprive us of them. And we solemiily en gage to promote such associations to the utmost of our power. " 2d, Eesolved, nem. con., That no powder be expended in this county except on emergent occasions, and the store- and shop-keepers are requested not to dispose of any except to some one or more of this committee, who are ordered to purchase the same. 4 '3d, Resolved, nem. con., That this committee, confiding in the wisdom and virtue of the Continental Congress now sitting in Philadelphia, will adopt and use their utmost endeavors to carry into execution all such measures as the said Congress shall recommend for the preservation of American liberty. 1 ' ' 4th. Resolved, nem. con. , It is earnestly recommended, to every subscriber in this county for the relief of the poor in Boston, that they immediately pay the same, as it is much wanted for the benevolent purposes intended. " '5th. Resolved, nem. con., That each member of this com mittee will give his attendance at the borough of Chester, on the the 31st of this instant, at ten o'clock A.M., in order to consult the justices, Grand Jury, and Board of Commis sioners and Assessors on ways and means to procure a proper quantity of arms and ammunition for the use of this county.' " The committee then adjourned to the time and place above mentioned. By order of the committee. " FRANCIS JOHNSTON, 'Secretary." Meeting of the inhabitants of Westmoreland County, Pa. " At a general meeting of the inhabitants of this county of Westmoreland, held at Hanna's Town, the 16th day of May, 1775, for taking into consideration the very alarming situa tion of this county occasioned by the dispute with Great Britain, * ' Resolved unanimously, That the Parliament of Great Brit ain, by several late acts, have declared the inhabitants of the Massachusetts Bay to be in rebellion, and the Ministry, by endeavoring to enforce these acts, have attempted to reduce the said inhabitants to a more wretched state of slavery than ever before existed in any state or country. Not con tent with violating their Constitutional and Chartered privi leges, they would strip them of the rights of humanity, ex posing lives to the wanton and unpunishable sport of a licentious soldiery, and depriving them of the very means of subsistence. 212 THE BIRTH OF THE REPUBLIC. "Resolved unanimously, That there is no reason to doubt but the same system of tyranny and oppression will (should it meet with success in the Massachusetts Bay) be extended to every other part of America; it is therefore become the indispensable duty of every American, of every man who has any public virtue or love for his country, or any bowels for posterity, by every means which God has put in his power, to resist and oppose the execution of it : that for us we will be ready to oppose it with our lives and fortunes. And the better to enable us to accomplish it, we will imme diately form ourselves into a military body to consist of com panies to be made up out of the several townships under the following association, which is declared to be the Association of Westmoreland County : 4 'Possessed with unshaken loyalty and fidelity to his Majes ty, King George the Third, whom we acknowledge to be our lawful and rightful King, and who we wish may long be the beloved sovereign of a free and happy people through out the whole British Empire ; we declare to the world that we^do not mean, by this association, to deviate from that loy alty which we hold it our bounden duty to observe; but animated with the love of liberty, it is no less than duty to maintain and defend our just rights (which with sorrow we have seen of late wantonly violated in many instances by a wicked Ministry and a corrupted Parliament), and transmit them entire to our posterity, for which purpose we do agree and associate together, "1st. To arm and form ourselves into a regiment or regi ments, and choose officers to command us in such propor tion as shall be thought necessary,' " etc. " PENNSYLVANIA ASSEMBLY, ) Friday, June 23, 1775. f "The bill entitled 'An Act for the Support of the Govern ment of this Province and the Payment of the Public Debt ' being read the second time and debated by paragraphs, was ordered to be transcribed for a third reading. u A petition and memorial from the Committee of the City and Liberties of Philadelphia was presented to the House and read, setting forth that the petitioners, reflecting upon the great and imminent danger to which the liberties of America are exposed by the open and declared determination of the British Ministry to enforce certain cruel and oppressive acts of Parliament; and contemplating those mournful events which have already happened, as well as those which may happen during this important struggle, have been induced to form and recommend a military association within this city and liberties; that, in forming such association, they have extended their views beyond a mere parade and useless show ; and animated with a lively sense of the inestimable THE BIRTH OF THE REPUBLIC. 213 have efend value of the blessings of civil liberty themselves, they endeavored to inculcate upon others the necessity of d ing and supporting them by actual service, if the exigency of public affairs should require it : that under these circima- stances they find various difficulties which require the aid and assistance of the honorable House. "Reposing therefore the fullest confidence in the virtue and spirit of their Representatives, they beg leave to lay before them several particulars which seem, in a peculiar manner, to claim, their attention and regard. "Friday, June 30, 1775. " The House met pursuant to adjournment and proceeded in the consideration of the resolves of the committees, which, being j)ut to the question, were agreed to by the House, and follow in these words, viz : " ' 1. Resolved, That this House approve the association en tered into by the good people of this Province for the de fence of their lives, liberty, and property. " ' 2. Resolved, That if any invasion or. landing of British troops or others shall be made in this or the adjacent Colonies during the present controversy, or any armed ships or vessels shall sail up the river Delaware in a hostile man ner, and such circumstances shall render it expedient, in the judgment of the committee hereafter to be appointed, for any number of the officers and privates, men of the associa tion, within this Colony to enter into actual service for re pelling such hostile attempts, this House will provide for the pay and necessary expenses of such officers and soldiers performing such military duty while they are in such actual service.' " Dr. Franklin to Dr. Jos. Priestly : "PHILADELPHIA, PA., Octobers, 1775. "DEAR SIR: I am to set out to-morrow for the camp, and having but just heard of this opportunity, can onlv write a line to say that I am well and hearty. Tell our dear good friend Dr. Price, who sometimes has his doubts and despon dences about our firmness, that America is determined and unanimous, a very few Tories and Placemen excepted, who will probably very soon export themselves. "Britain, at the expense of three millions, has killed one hundred and fifty Yankees this campaign, which is twenty thousand pounds a head ; and at Bunker's Hill, she gained a mile of ground, half of which she lost again by our taking Post on Ploughed Hill. During the same time sixty thou sand children have been born in America. From these data his mathematical head will easily calculate the time and ex- 214 THE BIRTH OF THE REPUBLIC. pense necessary to kill us all and conquer our whole terri tory. My sincere respects to and to the club of honest Whigs at. ... Adieu. "I am ever yours most affectionately, "B. FRANKLIN." Dr. Franklin to David Hartley, London : "PHILADELPHIA, PA., October 3, 1T75. "SiR: I wish as ardently as you can do for peace, and should rejoice exceedingly in co-operating with you to that end. But every ship from Britain brings some intelligence of new measures that tend more and more to exasperate ; and it seems to me that, until you have found by dear expe rience the reducing us by force impracticable, you will think of nothing fair and reasonable. We have as yet resolved only on defensive measures. If you would recall your forces and stay at home, we should meditate nothing to injure you. A little time so given for cooling on both sides would have excellent effects. But you will goad and provoke us. You despise us too much; and you are insensi ble of the Italian adage that * There is no little enemy.' " I am persuaded the body of the British people are our friends ; but they are changeable, and, by your lying gazettes, may soon be made our enemies. Our respect for them will proportionally diminish ; and I see clearly we are on the high road to mutual enmity, hatred, and detestation. A separation will of course be inevitable. It is a million of Eities, so fair a plan as we have hitherto been engaged in, )r increasing strength and empire with public fidelity, should be destroyed by the mangling hands of the few blundering Ministers. It will not be destroyed; God will protect and prosper it; you will only exclude yourselves from any share in it. We hear that more troops and ships are coming out. We know you may do us a great deal of mischief, but we are determined to bear it patiently as long as we can. But if you flatter yourselves with beating us into submission, you know neither the people nor the coun try. The Congress is still sitting, and will wait the result of their last petition." Doctor Franklin to M. Dumas: " PHILADELPHIA, December 19, 1775. 1 'We are threatened from England with a very powerful force, to come next year against us. We are making all the provisions in our power here to prevent that force, and we nope we shall be able to defend ourselves. But as the events of war are always uncertain, possibly, after another cam paign, we may find it necessary to ask aid of some foreign THE BIRTH OF THE REPUBLIC. 215 power. It gives us great pleasure to learn from you that * all Europe wishes us the best success in the maintenance of our liberty.' But we wish to know whether any one of them, from principles of humanity, is disposed magnani mously to step in for the relief of an oppressed people; or whether if, as it seems likely to happen, we should be obliged to break off all connection with Britain and declare ourselves an independent people, there is any state or power in Europe who would be willing to enter into an alliance with us for the benefit of our commerce, which amounted before the war to near seven millions sterling per annum, and must continually increase, as our people increase most rapidly. Confiding, my dear friend, in your good-will to us and our cause, and in your sagacity and abilities for business, the committee of Congress appointed for the pur pose of establishing and conducting a correspondence with our friends in Europe, of which committee I have the honor to be a member, have directed me to request of you that, as you are situated at The Hague, where ambassadors from all the courts reside, you would make use of the opportunity which that situation affords you of discovering, if possible, the disposition of the several courts with respect to such as sistance or alliance, if we should apply for the one or pro pose for the other. As it may possibly be necessary, in particular instances, that you should, for this purpose, con fer directly with some great Ministers, and show them this letter as your credential, we only recommend it to your discretion that you proceed therein with such caution as to keep the same from the knowledge of the English ambassa dor, and prevent any public appearance, at present, of your being employed in such business, as thereby we imagine many inconveniences may be avoided and your means of rendering us service increased." 11 Common-sense." From Thomas Paine's "Common-sense," published in Philadelphia : " 'Tis repugnant to reason, to the universal order of things, to all examples from former ages, to suppose that this continent can long remain subject to any external power. The most sanguine in Britain doth not think so. The utmost stretch of human wisdom cannot at this time compass a plan, short of separation, which can promise the continent even a year's security. Reconciliation is now a fallacious dream. Nature hath deserted the connection, and Art cannot supply her place ; for as Milton wisely ex presses ' Never can true reconcilement grow where wounds of deadly hate have pierced so deep.' " 216 THE BIRTH OF THE REPUBLIC. Instructions of the Assembly of Pennsylvania to their Dele gates in Congress. " IN ASSEMBLY, June 8, 1776. "GENTLEMEN: When by our instructions of last Novem ber we strictly enjoined you in behalf of this Colony to dis sent from and utterly reject any proposition, should such be made, that might cause or lead to a separation from Great Britain or a change of the form of this government, our restrictions did not arise from any diffidence of your ability, prudence, or integrity, but from an earnest desire to serve the good people of Pennsylvania with fidelity in times so full of alarming dangers and perplexing difficulties. The situation of public affairs is since so greatly altered that we now think ourselves justifiable in removing* the restrictions laid upon you by those instructions. The contempt with which the last petition of the honorable Congress has been treated; the late act of Parliament declaring the just resist ance of the Colonists against violances actually offered to be rebellion, excluding them from the protection of the Crown, and even compelling some of them to bear arms against their countrymen ; the treaties of the King of Great Britain with other princes for engaging foreign mercenaries to aid the forces of that kingdom in their hostile enterprises against America; and his answer to the petition of the Lord Mayor, Aldermen, and Commons of the city of London, manifest such a determined and implacable resolution to effect the utter destruction of these Colonies that all hopes of recon ciliation on reasonable terms are extinguished. "Nevertheless, it is our ardent desire that a civil war, with all its attending miseries, could be ended by a secure and honorable peace. " We therefore hereby authorize you to concur with the other Delegates in Congress in forming such further com pacts between the United Colonies, concluding such treaties with foreign kingdoms and states, and in adopting such other measures as shall be judged necessary for promoting the liberty, safety, and interests of America; reserving to the people of this Colony the sole and exclusive right of regulating the internal government and police of the same. The happiness of these Colonies has, during the whole course of this fatal controversy, been our first wish ; their recon ciliation with Great Britain our next. Ardently have we prayed for the accomplishment of both. But if we must renounce the one or the other, we humbly trust in the mer cies of the Supreme Governor of the Universe, that we shall not stand condemned bsfore his throne if our choice is determined by that overruling law of self -preservation which his divine wisdom has thought fit to implant in the Jiearts of his creatures." THE BIRTH OF THE REPUBLIC. 217 Provincial Conference of Pennsylvania Instructs Delegates to Vote for Independence. "June 24, 1776, P.M. ""The Conference met. " The committee appointed for that purpose brought in a draft of a declaration 011 the subject of the independence, of this Colony, of the Crown of Great Britain, which was ordered to be read \>y special order. The same was read a second time, and, being fully considered, it was, with the greatest unanimity of all the members, agreed to and adopted, and is in the following words, viz. : "'Whereas, George the Third, King of Great Britain, etc., in violation of the principles of the British Constitu tion and of the laws of justice and humanity, hath, by an accumulation of oppressions unparalleled in history, ex cluded the inhabitants of this with the other American Colonies, from his protection ; and whereas he hath paid no regard to any of our numerous and dutiful petitions for a redress of our complicated grievances, but hath lately pur chased foreign troops to assist in enslaving us, and hath ex cited the savages of this country to carry on a war against us, as also the negroes to imbrue their hands in the blood of their masters in a manner unpractised by civilized nations ; and hath lately insulted our calamities by declaring that he will show us no mercy until he has reduced us ; and whereas, the obligations of allegiance and protection (being reciprocal between a King and his subjects) are now dissolved, on the side of the Colonists, by the despotism of the said King, in somuch that it now appears that loyalty to him is treason against the good people of this country ; and whereas, not only the Parliament, but, there is reason to believe, too many of the people of Great Britain, have concurred in the afore said arbitrary and unjust proceedings against us; and whereas, the public virtue of this Colony (so essential to its liberty and happiness) must be endangered by a future political union with or dependence upon a crown and nation so lost to justice, patriotism, and magnanimity ; we, the deputies of the people of Pennsylvania, assembled in full Provincial Conference for forming a plan for executing the resolve of Congress of the 15th of May last for suppressing all authority in this Province derived from Great Britain, and for establishing a government upon the authority of the people only, now, in this public manner, in behalf of ourselves, and with the approbation, consent, and authority of our con stituents, unanimously declare our willingness to concur in a vote of the Congress declaring the United Colonies free and independent States, provided the forming of the govern ment and the regulation of the internal police of this Colony be always reserved to the people of the said Colony. And we do, further, call upon the nations of Europe, and appeal to 218 THE BIRTH OF THE REPUBLIC. the Great Arbiter and Governor of the empires of the world, to witness for us that this declaration did not originate in ambition or in an impatience of lawful authority, but that we were driven to it, in obedience to the first principles of nature, by the oppressions and cruelties of the aforesaid King and Parliament of Great Britain, as the only possible measure that was left us to preserve and establish our liber ties, and to transmit them inviolate to posterity.' " Ordered, That the Declaration be signed at the table and that the president deliver it to Congress." NEW JERSEY. The first action taken by New Jersey in opposition to the new taxes imposed by Parliament in June, 1767, on tea and other articles, was in response to a circular sent out by the ever-watchful Massachusetts Assembly. " This circular," says Mulford, " was laid before the Assembly of New Jersey by the speaker, on the 15th April, 1768 ; and on the following day it was referred to a committee to prepare and bring in an answer. A suitable reply was accordingly prepared and was transmitted to the Massachusetts Assembly. Soon after, the House resolved that a dutiful and loyal address should be presented to his Majesty, humbly beseeching him to con sider the distressed condition of the Colonies. On the 7th May the address was agreed to." This address sets forth that " The subjects thus emigrating, brought with them, as inherent in their persons, all the rights and liberties of nat ural-born subjects within the parent state; in consequence of these, a government was formed, under which they have been constantly exercised and enjoyed by the inhabitants, and repeatedly and solemnly recognized and confirmed by your royal predecessors and the legislature of Great Britain. One of these rights and liberties vested in the people of this Col ony is the privilege of being exempt from any taxation but such as is imposed on them by themselves or by their repre sentatives. And this they esteem so invaluable that they are fully persuaded no other can exist without it. Your Majesty's signal distinction is that you reign over freemen, and your peculiar glory that you reign in such a manner that your subjects, the disposers of their own property, are ready and willing, whenever your service calls upon them, with their lives and fortunes to assist your cause. . . . With such sentiments, your people observe, with the greatest anxiety and concern, that duties have been lately imposed on them by Parliament, for the sole and express purpose of raising a revenue. This is a taxation upon them from which they conceive they ought to be protected by the acknowl edged principles of the Constitution that freemen cannot be taxed but by themselves or by their representatives; and that they are represented in Parliament, they not only can- BIRTH OF THE REPUBLIC. not allow, but are convinced that, from their local circum stances, they never can be." The act of Parliament for sending criminals from the Col onies to England to be tried, awakened a spirit of universal alarm and opposition. The Assembly of New Jersey, De cember, 1769 (in accordance with the previous action of the House of Burgesses in Virginia), passed a resolution " That all trials for treason, or any felony or crime whatever, com mitted by any person residing in the Colony: ought to be in and before his Majesty's courts in the Colony; and that the seizing any person residing in the Colony, suspected of any crime committed there, and sending such person to places beyond the seas to be tried, is highly derogatory of the rights of British subjects; as thereby the inestimable privilege of a trial by jury of the vicinage, as well as the liberty of pro ducing witnesses in such trial, will be taken away." The Colonies resorted to non-importation agreements. " New Jersey," says Mulford, " from her limited trade, was unable to give decisive support to measures of this descrip tion by direct co-operation ; but her cordial approval was ex pressed. In October, 1769, the General Assembly resolved, by an unanimous vote, that the thanks of the House be given to the merchants and traders of this Colony, and of the Colo nies of New York and Pennsylvania, for their disinterested and public-spirited conduct in withholding their importations of British merchandise until certain acts of Parliament laying restrictions on American commerce, for the express purpose of raising a revenue in America, be repealed." Meetings of the people were also held, where similar views were expressed, and the violations of the non-importation agreements, which had occurred at different places, were severely condemned. The repeal of the Revenue Act of 1767 took place on the 12th of April, 1770. But the reservation of the tax on tea, for the avowed purpose of continuing to assert the right of Parliamentary taxation, marred the effect of the concession. The people of the Colonies were far from being satisfied, and continued their policy of non-importation as to that article, and their other measures of protest and opposition. This tax on tea, with other irritating measures, affecting particu larly Massachusetts, New York, and Connecticut, kept the whole continent in a state of continued irritation and excite ment. " On the 8th of February, 1774, the Assembly of New Jer sey resolved that a ' Committee of Correspondence and In quiry be appointed to obtain the most early and authentic intelligence of all acts and resolutions of the British Parlia ment, or the proceedings of administration, that may have any relation to or may affect the liberties and privileges of his Majesty's subjects in the British Colonies in America, and to Keep up and maintain a correspondence with our sis- 220 THE BIRTH OF THE REPUBLIC. ter-Colonies respecting these important considerations; and that they occasionally lay their proceedings before the House.' It was also agreed that the resolution of the House should be transmitted to the Assemblies of the several Col onies, and that thanks should be returned to the Assembly of Virginia for their early attention to the liberties of America." Lower Freehold (N. J".) Resolutions. At a meeting of the freeholders and inhabitants of the township of Lower Freehold, in the county of Moninouth, in New Jersey, on Monday, the 6th day of June, 1774, after no tice given of the time, place, and occasion of the meeting, " Resolved, That it is the unanimous opinion of this meet ing that the cause in which the inhabitants of the town of Boston are now suffering is the common cause of the whole continent of North America; and that, unless some general spirited measures for the public safety be speedily entered into, there is just reason to fear that every Province may in turn share the same fate with them ; and that therefore it is highly incumbent on them all to unite in some effectual means to obtain a repeal of the Boston Port Bill, and any other that may follow it which shall be deemed subversive of the rights and privileges of free-born Americans. "And that it is also the opinion of this meeting that, in case it shall appear hereafter to be consistent with the general opinion or the trading towns and the commercial part of our countrymen, that an entire stoppage of importation and ex portation from and to Great Britain and the West Indies until the said Port Bill and other acts be repealed, will be really conducive to the safety and preservation of North America and her liberties, they will yield a cheerful acquies cence in the measure, and earnestly recommend the same to all their brethren in this Province." Essex County (N. J.) Resolutions. At a meeting of the freeholders and inhabitants of the county of Essex, in the Province of New Jersey, at Newark, in said county, on Saturday, the llth day of June, 1774: " This meeting taking into serious consideration some late alarming measures adopted by the British Parliament for depriving his Majesty's American subjects of their un doubted and constitutional rights and privileges, and par ticularly the act for blockading the port of Boston, which appears to them pregnant with the most dangerous conse quences to all his Majesty's dominions in America, do unani mously resolve and agree, " * 1. That, under theenjoyjnent of our Constitutional priv ileges and immunities, we will ever cheerfully render all due obedience to the Crown of Great Britain, as well as full THE BIRTH OF THE REPUBLIC. 221 faith and allegiance to his most gracious Majesty King George the Third ; and to esteem a firm dependence on the mother-country essential to our political security and hap piness. "2. That the late act of Parliament, relative to Boston, which so absolutely destroys every idea of safety and confi dence, appears to us big with the most dangerous and alarm ing consequences ; especially as subversive of that very de pendence which we should earnestly wish to continue, as our best safeguard and protection; and that we conceive every well-wisher to Great Britain and her Colonies is now loudly called upon to exert his utmost abilities in promoting every legal and prudential measure towards obtaining a repeal of the said act of Parliament, and all others subver sive of the undoubted rights and liberties of his Majesty's American subjects. * ' 3. That it is our unanimous opinion that it would conduce to the rest9ration of the liberties of America should the Colo nies enter into a joint agreement not to purchase or use any articles of British manufacture ; and especially any commo dities imported from the East Indies, under such restrictions as may be agreed upon by a general Congress of the said Colonies, hereafter to be appointed. "4. That this county will most readily and cheerfully join their brethren of the other counties in this Province, in promoting such Congress of deputies to be sent from each of the Colonies, in order to form a general plan of union, so that the measures to be pursued for the important ends in view may be uniform and firm; to which plan, when concluded upon, we do agree faithfully to adhere. And do now declare ourselves ready to send a committee, to meet with those from the other counties, at such time and place as may be agreed upon, in order to elect proper persons to represent this Province in the said general Congress. 4 ' 5. That the freeholders and inhabitants of the other coun ties in this Province be requested speedily to convene them selves together to consider the present distressing state of our public affairs, and to correspond and consult with such other committees as may be appointed, as well as with our committee, who are hereby directed to correspond and con sult with such other committee, as also with those of any other Province; and particularly to meet with the said county committees, in order to nominate and appoint depu ties to represent this Province in general Congress." Bergen County (N. J.) Resolutions. " At a meeting of the freeholders and inhabitants of the county of Bergen, in the Province of New Jersey, convened agreeable to advertisement, at the Court-house of said county, on Saturday, the 23d of June, 1774; 222 THE BIRTH OF THE REPUBLIC. "This meeting being deeply affected with the calamitous condition of the inhabitants of Boston, in the Province of Massachusetts Bay, in consequence of the late act of Par liament for blocking up the port of Boston, and considering the alarming tendency of the act of the British Parliament for the purpose of raising a revenue in America, do resolve, " 1st. That they think it their greatest happiness to live under the Government of the illustrious House of Han over; and that they will steadfastly and uniformly bear true and faithful allegiance to his Majesty King George the Third, under the enjoyment of their Constitutional rights and privileges. " 2d. That we conceive it to be our indubitable privilege to be taxed only by our own consent, given by ourselves or by our reprentatives ; and that we consider the late acts of Parliament declarative of their right to impose internal taxes on the subjects of America as manifest encroachments on our national rights and Drivileges as British subjects, and as inconsistent with the idea of an American Assembly or House of Representatives. "3d. That we will heartily unite with this Colony in choosing Delegates to attend at a general Congress of the several Provinces of America, in order to consult on and determine some effectual method to be pursued for obtain ing a repeal of the said acts of Parliament' which appear to us evidently calculated to destroy that mutual harmony and dependence between Great Britain and her Colonies which are the basis and support of both." Morris County (N. J.) Resolutions. "At a meeting of a respectable body of the freeholders and inhabitants of the county of Morris, in the Province of east New Jersey, at the Court-house in Morristown, in said county, on Monday the 27th of June, 1774, resolved, " 2d. That it is our wish and desire, and we esteem it our greatest happiness and security, to be governed by the laws of Great Britain, and that we will always cheerfully submit to them as far as can be done consistently with the consti tutional liberties and privileges of free-born Englishmen. "3d. That the late acts of Parliament for imposing taxes for the purpose of raising a revenue in America are op pressive and arbitrary, calculated to disturb the minds and alienate the affections of the Colonies from the mother- country, are replete with ruin to both; and consequently that the authors and promoters of said acts, or of such doc trines of the right of taxing America, being in the Parlia ment of Great Britain, are and should be deemed enemies to our King and happy Constitution. "4th. That it is the opinion of this meeting that the act of Parliament for shutting up the port of Boston is uncoil- THE BIRTH OF THE REPUBLIC. 223 stitutional, injurious in its principles to the general cause of American freedom, particularly oppressive to the inhab itants of that town, and that therefore the people of Boston are considered by us as suffering in the general cause of America. "5th. That unanimity and firmness in the Colonies are the most effectual means to relieve our suffering brethren at Boston, to avert the dangers justly to be apprehended from that alarming act commonly styled the Boston Port Bill, and to secure the invaded rights and privileges of America. "6th. That it is our opinion that an agreement between the Colonies not to purchase or use any articles imported from Great Britain or from the East Indies, under such re strictions as may be agreed upon by the general Congress hereafter to be appointed by the Colonies, would be of ser vice in procuring a repeal of those acts." Hunter don County (N. J.) Resolutions. "The freeholders and inhabitants of Hun terdon county, in the Province of New Jersey, convened by advertisement, at the house of John Ringo, in Am well, in said county, on Friday, the 8th July, 1774, Samuel Tucker, Esq., in the chair, came to the following resolutions without a dissent ing voice, viz. : "3d. That any act of Parliament for the apprehending and carrying persons into another Colony or to Great Brit ain, to be tried for any crime alleged to be committed within this Colony, or subjecting them to be tried by commissioners or any court, constituted by acts of Parliament or otherwise within this Colony, in a summary way without a jury of the vicinage, is unconstitutional and subversive of the rights and liberties of the free subjects of this Colony. "4th. That it is our indispensable duty, which we owe to our King, our country, ou ;selves, and cur posterity, by all lawful ways and means in our power to maintain, defend, and preserve our loyalty, rights, and liberties, and transmit them inviolate to the latest generations; and that it is our fixed, determined, and unalterable resolution faithfully to discharge this our bounden duty. " 5th. That it is our unanimous opinion that it would con duce to the restoration of the liberties of America should the Colonies enter into a joint agreement not to purchase or use any articles of British manufacture, nor any commodi ties imported from the East Todies, under such restrictions as may be agreed upon by a general Congress of delegates from all the Colonies, hereafter to be appointed. " 6th. That, as the town of Boston is now suffering in the common cause of American freedom, it is the opinion of this meeting that subscriptions be hereafter opened in every town in this country, and the money subscribed to be ap- 224 THE BIRTH OF THE REPUBLIC. plied towards the relief of the suffering poor in said town of Boston until they may be relieved by being restored to their just rights and privileges. Middlesex County (N. J.} Resolutions. According to notice which had been given to the freehold ers and inhabitants of the county of Middlesex, New Jersey, a great number from every quarter of the county met at the Court-house in New Brunswick, on Friday, 15th day of July, 1774, at two o'clock, and chose John Moores, Esq., to the chair; but as the Court-house could not contain half the number, the meeting adjourned to the Presbyterian meeting-house, where, after some deliberation upon the dan gerous situation of the public affairs in America, the meet- ins: unanimously resolved as follows, viz. : r ' 1st. That the members of this meeting, their fellow-sub jects in this Province, and they are persuaded the inhabi tants of America in general are firm and unshaken in their allegiance to his Majesty King George the Third ; that they have ever demonstrated their readiness to support his Maj esty's government over them, and also to grant aids to his Majesty on any emergency, by their own representatives, to the utmost of their power. " 2d. That all other modes of taxation in th6 Colonies by a British Parliament, under whatever name or form at tempted to be introduced, is not only arbitrary and oppres sive, but has a direct tendency to alienate the affections of the Colonies from the parent-country, to widen the breach already made by Ministerial influence ; which it is earnestly wished may be speedily healed, and a permanent union es tablished on a solid Constitutional foundation. "3d. That the unexampled dis resses brought on the Col ony of Massachusetts Bay, particularly that of blocking up the port of Boston and depriving them of all trade and com merce, in virtue of an act or acts of Parliament, is a cruel oppression, in which all the Colonies are intimately con cerned ; tending, by a numerous train of consequences, to fas ten on them the chains of vassalage, and slavery, or lay prostrate, at the feet of an unjustly incensed Ministry, the inhabitants of this wide-extended country, who would tri umph over their liberties, sport with their lives, and chain their properties at will. "4th. We concur in the general opinion of our brethren, that the Congress of deputies from the several Colonies should present a dutiful address to his Majesty, praying for a general redress of the grievances complained of. 5th. We are of opinion (which we submit to be consid ered in general Congress) that a general stop of all imports and exports of merchandise especially to Great Britain, by all the Colonies, is the only probable, if not the only po- THE BIRTH OF THE REPUBLIC. 225 sible, measure to preserve the liberties of this country, at present in such imminent danger of being annihilated." Sussex County (N. J.) Resolutions. " At a meeting of the freeholders and inhabitants of the county of Sussex, in the Province of New Jersey, at the Court-house in Newtown, in said county, on Saturday, the 16th of July, A.D. 1774, u ' 1st. Eesolved, That it is our duty to render true and faithful allegiance to George the Third, King of Great Brit ain, and to support and maintain the just dependence of his Colonies upon the Crown of Great Britain under the enjoy ment of our Constitutional rights and privileges. "' 2d. That it is undoubtedly our right to be taxed only by our own consent, given by ourselves or our representatives ; and that the late acts of Parliament for imposing taxes for the purpose of raising a revenue in America, and the act of Parliament for shutting up the port of Boston, are oppres sive, unconstitutional, and injurious in their principles to American freedom, and that the Bostonians are considered by us as suffering in the general cause of America. " ' 3d. That it is the opinion of this meeting that firmness and unanimity in the Colonies, and an agreement to not use any articles imported from Great Britain or the East Indies (under such restrictions as may be agreed upon by the gen eral Congress hereafter to be appointed by the Colonies), may be the most effectual means of averting the dangers that are justly apprehended, and securing the invaded rights and privileges of America.' " Monmouth County (N. 7.) Resolutions. "On Tuesday, July 19, 1774, a majority of the commit tees from the several townships in the county of Monmouth, of the Colony of New Jersey, met according to appointment at the Court-house at Freehold, in said county ; and appear ing to have been regularly chosen and constituted by their respective townships, they unanimously agreed upon the propriety and expediency of instructing a committee to rep resent the whole county at the approaching Provincial con vention to be held at the city of New Brunswick, for the necessary purpose of constituting a delegation from the Province to the general Congress of the Colonies, and for all such other important purposes as shall hereafter be found necessary. " They at the same time also recorded the following resolu tions, determinations, and opinions, which they wish to be transmitted to posterity as an ample testimony of their loy alty to his British Majesty, of their firm attachment to the principles of the glorious Be volution, and their firm and un- 226 THE BIRTH OF THE REPUBLIC. alterable purpose by every lawful means in their power to maintain and defend themselves in the possession and en joyment of those inestimable civil and religious privileges which their fathers, at the expense of so much blood and treasure, have established and handed down to them." New Jersey Resolutions. 11 At a meeting of the committees of the several counties in the Province of New Jersey, at New Brunswick, on Thurs day the 21st of July, 1774, and continued to the Saturday following, (present, seventy-two members), Stephen Crane, Esq., in the chair; ' * The committee, taking into their serious consideration the dangerous and destructive nature of sundry acts of the British Parliament with respect to the fundamental liberties of the American Colonies, conceive it their indispensable duty to bear their open testimony against them, and to con cur with the other Colonies in prosecuting all legal and nec essary measures for obtaining their speedy repeal. " '2d. We think ourselves warranted, from the principles of our excellent Constitution, to affirm that the claim of the British Parliament (in which we neither are nor can be rep resented), to make laws which shall be binding on the King's American subjects k in all cases whatsoever,' and particular ly for imposing taxes for the purpose of raising a revenue in America, is unconsitutional and oppressive ; and which we think ourselves bound in duty to ourselves and our posterity by all Constitutional means in our power to oppose. " 3d. We think the several late acts of Parliament for shutting up the port of Boston ; invading the Charter rights of the Province of the Massachusetts Bay ; and subjecting supposed offenders to be sent for trial to other Colonies or to Great Britain ; the sending over an armed force to carry the same into effect, and thereby reducing many thousands of innocent loyal inhabitants to poverty and distress, are not only subversive of the undoubted rights of his Majesty's American subjects, but also repugnant to the common prin ciples of humanity and justice. These proceedings, so vio lent in themselves and so truly alarming to the other Colo- onies (many of which are equally exposed to Ministerial vengeance), render it the indispensable duty of all heartily to unite in the most proper measures to procure redress for their oppressed countrymen now suffering in a common cause, and for the re-establishment of the Constitutional rights of America on a solid and permanent foundation. " 5th. That we do earnestly recommend a general non importation and a non-consumption agreement to be entered into at such time and regulated in such manner as to the Congress shall appear the most advisable. THE BIRTH OF THE REPUBLIC. 227 Letter from the Committee of Correspondence of New Jersey to the Committee of Correspondence of Boston. " ELIZABETHTOWN, NEW JERSEY, ) " July 28, 1774. f "GENTLEMEN: The arbitrary and cruel oppression under which your metropolis now labours from the suspension of commerce must inevitably reduce multitudes to inexpressi ble difficulty and distress. Suffering in a glorious and common cause, sympathy and resentment with peculiar energy fill the breasts of your anxious countrymen. As the King of Kings and the Ruler of Princes seems, in a re markable manner, to be inspiring these Colonies with a spirit of union, to confound the counsels of your unrighteous oppressors, and with a spirit of humanity and benevolence towards an innocent and oppressed people, so we trust He will also inspire your town with patience, resignation, and fortitude until this great calamity shall be overpast. We have the pleasure to acquaint you that on the 21st instant, at the City of New Brunswick, the Province of New Jersey with singular unanimity, seventy-two Delegates from the several counties and a majority of the House of Representa tives present and approving, entered into similar resolutions with the other Colonies, elected five deputies for the pro posed Congress, and the county committees then agreed to promote collections in their respective counties for the relief of such of the unhappy inhabitants of the town of Boston as may now be reduced to extremity and want. To accomplish this purpose with the more acceptation to yourselves, we, the Committee of Correspondence for the eastern division, request that by the return of the post you will be pleased to advise us in what way we can best answer your present necessities ; whether cash remitted or what articles of pro vision, or other necessaries we can furnish from hence would be most agreeable; and which we hope we shall be able to forward to Boston very soon after your advice shall be re ceived. "We doubt not gentlemen are devising every possible method for the employment of those who by their deplora ble situation are cut off from all former means of subsist ence. "We are, gentlemen, your very humble servants, " By order, WILLIAM P. SMITH, Chairman." " To the Honorable Frederick Smith, Esq., Chief Justice of New Jersey : "The address of the Grand Jury for the body of the county of Essex, at a Court of Oyer and Terminer and General Gaol Delivery, held at Newark,, in the said County, the first Tuesday in November, 1774, 228 THE BIRTH OF TEE REPUBLIC. " May it please your Honour: " As your Honour's charge from, the Bench was not so properly directed to us with respect to our duty as the Grand Inquest of this county, as matter of instruction for the regulation of our own personal conduct amidst the present commotions of the Continent, we think ourselves obliged from the singularity of the charge and its paternal tenderness for our welfare to express our gratitude for vour Honour's friendly admonitions (which doubtless derived great solemnity from the place in which they were deliv ered), and at the same time to inform you how far we have the misfortune to differ from you in sentiment, both as to the origin and tendency of the present uneasiness so gener ally diffused through all the Colonies. If we rightly under stood a particular part of your Honour's charge, you were pleased to tell us that while we were employed in guarding against ' imaginary tyranny three thousand miles distant ' we ought not to expose ourselves to a * real tyranny at our own doors.' As we neither know, sir, nor are under the least apprehension of any tyranny at our own doors, unless it should make its way hither from the distance you men tion, and then we hope that all those whom the Constitu tion has entrusted with the guardianship of our liberties will rather strive to obstruct than accelerate its progress, we are utterly at a loss for the idea thereby intended to be com municated. But, respecting the tyranny at the distance of three thousand miles, which your Honour is pleased to rep resent as imaginary, we have the unhappiness to differ widely from you in opinion. The effect, sir, of that tyranny is too severely felt to have it thought altogether visionary. We cannot think, sir, that taxes imposed upon us by our fellow-subjects in a Legislature in which we are not repre sented, is an imaginary, but that it is a real and actual, tyranny, and of which no Nation whatsoever can furnish a single instance. We cannot think, sir, that depriving us of the inestimable right of trial by jury, seizing our persons and carrying us for trial to Great Britain, is a tyranny merely imaginary. Nor can we think with your Honour that de stroying Charters and changing our forms of government is a tyranny altogether ideal. That an act passed to protect, indemnify, and screen from punishment such as may be guilty even of murder, is a bare idea. That the establish ment of French laws and Popish religion in Canada the better to facilitate the arbitrary schemes of the British Ministry, by making the Canadians instruments in the hands of power to reduce us to slavery, has no other than a mental existence. In a word, sir, we cannot persuade our selves that the fleet now blocking up the Port of Boston, consisting of ships built of real English oak and solid iron, and armed with cannon of ponderous .metal with actual THE BIRTH OF THE REPUBLIC. 229 powder and ball ; nor the army lodged in the town of Boston and the fortifications thrown about it (substantial and for midable realities), are all creatures of the imagination. These, sir, are but a few of the numerous grievances under which America now groans. These are some of the effects of that deliberate plan of tyranny concerted at ' three thou sand miles' distance,' and which to your Honour appears only like the 'baseless fabric of a vision.' To procure redress of these grievances which to others assume the form of odious and horrid realities, the Continent, as we learn, has very naturally been thrown into great commotions ; and as far as this county, in particular, has taken part in the alarm, we have the happiness to represent to your Honour that in the prosecution of measures for preserving American liberties, and obtaining the removal of oppressions, the people have acted in all their popular assemblies (which it is the right of Englishmen to convene whenever they please) with the spirit, temper, and prudence becoming freemen and loyal subjects. " To trespass no longer on your Honour's patience, we con clude with our hearty wishes, that while the great cause of liberty is warmly and at the same time so peaceably vindi cated, by all honest Americans as essentially necessary to public happiness, no bias of self-interest, no fawning servility towards those in power, no hopes of future prefer ment, will induce any man to damp his laudable and patriotic ardour, nor lend his helping hand to the unnatural and diabolical work of riveting the chains which are forging for us by that same actual tyranny at the distance of three thousand miles." Newark (New Jersey} Committee. " Pursuant to the eleventh article of the Association en tered into by the Continental Congress held at Philadelphia, at a meeting of the Freeholders of the township of Newark, in the county of Essex, at the Court-house on Wednesday, the 7th of December, 1774, "Joseph Briggs, Junr., Esq., in the chair: "At a meeting of a majority of the above committee held in Newark January 5, 1775, Caleb Camp, chairman ; Eobert Johnston, clerk, " Voted, That the thanks of this committee be presented to the Honorable Delegates for this Province, members of the Continental Congress held at Philadelphia in September last, for the faithful discharge of the important trust reposed in them. " ' To the Delegates for New Jersey in the Continental Congress. "'GENTLEMEN: While we feel our inviolable attachment to the person of the King and the present reigning family, it 230 THE BIRTH OF THE REPUBLIC. is with the highest esteem of and gratitude to you, the par ticular Delegates for this Province (in conjunction with the whole of that venerable body), that we view the many wise and prudent measures by you adopted to support and hand down to posterity inviolate those valuable and important privileges, both civil and sacred, so highly prized by our ancestors. "And 'tis with the greatest resentment that we so often behold your virtuous and patriotic endeavors wickedly tra duced and made the subject of ridicule and slander by those sons of Belial whose attachedness to their master will prompt them to commit violence to their own judgments and even feed their wickedness with the very blood of their country. But you, sirs, may be assured that such authors (when known as their criminal production) shall ever be treated by us with the utmost contempt as they merit. ' ' And as a further mark of acquiescence in the Association, and demonstration of our sincerity, we think it our duty for ourselves, and we will with the utmost of our influence re commend to. our constituents as the onty probably means of securing our liberties, that the said Association be punctually adhered to and strictly put in execution. "That the blessings of Heaven may succeed all our endea vors to vanquish our enemies and effectually secure the lib erties of British America, and finally establish a happy Con stitutional and lasting union between Great Britain and her Colonies, is the sincere wish of, gentlemen, your much- obliged and very humble servants. "By order of the Committee. "CALEB CAMP, Chairman. " NEW JERSEY ASSEMBLY, ) 4 'January 11, 1775. f "Mr. Crane and Mr. Kensey also laid before the House the proceedings of the Continental Congress held at Philadelphia in September last, which were read. On the question whether the House approved of the said proceedings, it passed in the affirmative. "Resolved, That this house do unanimously approve of the proceedings of 'the Congress, such as are of the people called Quakers, excepting only to such parts as seem to wear an appearance or may have a tendancy to force (if any such there be) as inconsistent with their religious principles. "Resolved unanimously, That James Einsey, Stephen Crane, William Livingston, John de Hart, and Richard Smith, Esqrs., or any three of them, be and they are hereby appointed to attend the Continental Congress of the Colonies, intended to be held at the city of Philadelphia in May next, or at any other time and place; and that they report their proceedings to the next session of the general Assembly : in structing the said Delegates to propose and agree to every THE BIRTH OF THE REPUBLIC. 231 reasonable and Constitutional measure for the accommoda tion of the unhappy differences at present subsisting between our mother-country and the Colonies, which the House most ardently wish for." Woodbridge (TV. 7.) Committee. u At a general meeting of the inhabitants of the township of Woodbridge, in the county of Middlesex, in New Jersey, on Saturday the 7th day of January, 1775, * ' Captain Eeuben Potter, Moderator, I 'The Association entered into and recommended by the late general Congress at Philadelphia, being read and ap proved of, it was, " ' 1st. Eesolved unanimously, That the said Association be adopted by this town and carried into execution.' " Burlington (N~. J.) Committee. "At a general meeting of the freeholders and other inhabi tants of the city and county of Burlington, in New Jersey, qualified to vote for representatives in the legislature held at the Court-house on Tuesday, the 14th of February, 1775, " Peter Fallman, Esq., chairman, " The Association entered into by the general American Congress, convened at Philadelphia on the 5th of September last, was read and approved : " * Eesolved, That, in pursuance with the eleventh article of the said Association, a Committee of Observation for the city and county be now appointed for the purposes in that article mentioned.'" "Newark (N. J.) Committee. II At a meeting of the Committee of Observation for the township of Newark, April 24, 1775, present 18 members, "Mr. Caleb Camp, chairman, "The chairman having opened the business of the meeting, and related the purport of the expresses lately received from Boston, the following motions were made and agreed to una nimously : " l That the members of this committee are willing, at this alarming crisis, to risk their lives and fortunes in support of American liberty ; and that it be recommended to our con stituents to give all necessary support in their power to our brethren in the Province of Massachusetts Bay, in the present alarming exigency. " * That it be also recommended to the captains of the mili tia in the township to muster and exercise their respective companies at least once every week, and carefully to exact that each man be provided with arms and and ammunition as the militia law directs. 232 THE BIRTH OF THE REPUBLIC. " ' That it be requested of all heads of families and masters of apprentices, to encourage all of proper age under their di rection to learn the military exercise, and to allow them such portions of time as may be necessary to make them perfect therein.' "ROBERT JOHNSTON, Clerk." Woodbridge (N. J.) Committee to the Several Committees of Massachusetts. 11 IN COMMITTEE, WOODBRIDGE. N. J. ) "May, 1,1775. f ** GENTLEMEN: We have received repeated intelligence by expresses, of your engaging and defeating the Regulars under the command of General Gage, which is universally credited in this Colony ; and we have the pleasure of assuring you your conduct and bravery on that occasion is greatly ap plauded and admired by all ranks of men. In consequence of the intelligence, a Provincial convention will be held as soon as the members can possibly be convened. In the mean time the inhabitants are putting themselves in the best pos ture of defence, being determined to stand or fall with the liberties of America. We have for some time past feared the New Yorkers would desert American liberty, but are now fully convinced that they are determined to support the grand cause. " We also learn, with pleasure, that the inhabitants of Pennsylvania and of the other southern Provinces are firm, unanimous, and spirited. "We have only to add that you have our unfeigned and hearty thanks for the noble stand you have made, and our sincere and fervent prayers for a speedy deliverance from all your calamaties. "We are, very respectfully, gentlemen, your ob't humble serv'ts. " By order of the committee. " MOSES BLOOMFIELD, Chairman." Town Meeting, Upper Freehold, Monmouth County. " NEW JERSEY, May 4, 1775. ' ' This day, agreeable to previous notice, a very consider able number of the principal inhabit ants of this township met at Imlay's Town, " John Lawrence, Esq., in the chair, "When the following resolves were unanimously agreed to: " * Resolved, That it is our first wish to live in union with Great Britain, agreeable to the principles of the Constitution ; that we consider the unnatural civil war which we are about to be forced into with anxiety and distress: but that we are THE BIRTH OF THE REPUBLIC. 233 determined to oppose the novel claim of the Parliament of Great Britain to raise a revenue in America, and risk every possible consequence rather than submit to it.' " Somerset County (N. J.) Committee. "Pursuant to notice given by the chairman of the Com mittee of Correspondence for the county of Somerset, in New Jersey, the freeholders of the county met at the Court house the llth of May, 1775, "Hendrick Fisher, Esq., chairman; "Frederick Frelinghuysen, clerk. "'Resolved, That the several steps taken by the British Ministry to enslave the American Colonies, and especially the late alarming hostilities commenced by the troops under General Gage against the inhabitants of Massachusetts Bay, loudly call 051 the people of this Province to determine what part they will act in this situation of affairs ; and that we therefore readily consent to elect deputies for a Provincial Congress to meet at Trenton on Tuesday the 23d instant, agreeable to the advice and direction of the provincial Com mittee of Correspondence.' " "NEW JERSEY PROVINCIAL CONGRESS, ) " Saturday, June 22, 1776. \ "The Congress proceeded to the election of Delegates to represent this Colony in the Continental Congress, when Richard Stockton, Abraham Clark, John Hart, Francis Hopkinson, Esquires, and Dr. John Witherspoon, were elected by ballot to serve for one year unless a new appointment be made before that time. " Eesolved, That the following instructions be given to the Delegates so elected, viz.: To Richard Stockton, Abraham Clark, John Hart, Francis Hopkinson, Esquires, and the Rev. Dr. John Witherspoon, Delegates appointed to represent the Colony of New Jersey in the Continental Congress, " The Congress empower and direct you, in the name of the Colony tojoin with the Delegates of the other Colonies in Continental Congress in the most rigorous measures for sup porting the just rights and liberties of America. And, if you shall judge it necessary and expedient for this purpose, we empower you to join with them in declaring the United Colonies independent of Great Britain, entering into a con federacy for union and common defence, making treaties with foreign nations for commerce and assistance, and to take such other measures as to them and you may appear necessary for these great ends, promising to support them with the whole force of this Province ; always observing that, whatever plan of confederacy you enter into, the regulating the internal police of this Province is to be reserved to the Colony Legislature." 234 THE 3IETH OF THE REPUBLIC. DELAWARE. Delaware, though settled many years in advance of Penn sylvania, was annexed to the larger Colony shortly after the organization of the latter. But as early as 1702 they were finally separated, except that both Colonies remained under the proprietary governors, the descendants of William Penn, until the Revolution. Prior to that period the Colony had usually been styled "The three lower counties, New Castle, Kent and Sussex on the Delaware;" but when it threw off the Colonial government, its people abandoned the clumsy practice of naming all the counties every time allu sion was made to it, and the single word Delaware was adopted as expressive of the idea of one people under one government. No Colony was more prompt or determined in resistance of British aggression upon the rights of British America than Delaware. In 1769, her Assembly adopted the Virginia resolves against the right of Parliament to tax the Colonies; and as the following manifestations of popular sentiment will show, she bore her full share in the burthens and sacrifices of the Revolution : Delaware Convention. "August 1, 1774. "The Representatives of the freemen of the Government of the counties of New Castle, Kent, and Sussex upon Dela ware met at New Castle, in pursuance of circular-letters from the Speaker of the House, who was requested to write and forward the same to the several members of the As sembly, by the Committees of Correspondence for the sev eral counties aforesaid, chosen and appointed for that among other purposes by the freeholders and freemen of the said counties respectively. " Present : For the county of New Castle, Thomas McKean, John Evans, John McKinly, James Latimer, George Read, Alexander Porter ; for the county of Kent, Charles Ridgely, William Killen, CaBsar Rodney^ Thomas Collins; for the county of Sussex, Thomas Robinson, Levin Cropper, Boaz Manlove, John Wiltbank, Stephen Townsend; who im mediately proceed to the choice of a chairman, and Caesar Rodney, Esquire, was chosen chairman, nemine contradicente, and David Thompson, Esquire, clerk. The resolves of the several committees appointed by the inhabitants of these counties respectively were read, and follow in these words, to wit : " At a general meeting of the freeholders and inhabitants of the county of New Castle on Delaware, at New Castle, the 29th of June, 1774, " Thomas McKean, Esquire, chairman, " Resolved, 1. That the act of Parliament for shutting up THE BIRTH OF THE REPUBLIC. 235 the port of Boston is unconstitutional, oppressive to the in habitants of that town, dangerous to the liberties of the British Oolonies, and that therefore we consider our breth ren at Boston as suffering in the common cause of America. " 2. That a Congress of deputies from the several Colonies in North America is the most probable and proper mode of procuring relief for our suffering brethren, obtaining redress for American grievances, securing our rights and liberties, and re-establishing peace and harmony between Great Brit ain and these Colonies on a Constitutional foundation. * * 3. That a respectable committee be immediately appointed for the county of New Castle, to correspond with the sister- Colonies and with the other counties in this Government, in order that all my unite in promoting and endeavoring to obtain the great and valuable end mentioned in the foregoing resolution." Kent County Resolutions. The freeholders and other inhabitants of Kent county on Delaware, now assembled at the Court-house in the town of Dover, this 20th day of July, anno domini 1774, taking into their most serious consideration sundry acts of the British Parliament in which their power and right to impose duties and taxes on his Majesty's subjects in the British Colonies and Plantations in America, for the purpose of raising a revenue, are declared, attempted to be exercised, and in various ways enforced and carried into execution; more especially the act depriving the great and lately flourishing town of Boston of all trade whatsoever, by shutting up their port and harbor with a formidable fleet and army, " Resolved, nemine contradicente, 1. That we dp acknowl edge, recognize, and most expressly declare his Majesty King George the Third to be lawful and rightful King of Great Britain and all other his dominions and countries; and that it is the indispensable duty of the people of this county, as being part of his Majesty's dominions, always to bear faithful and true allegiance to his Majesty, and him to defend to the utmost of their power against all attempts upon his person, Crown, or dignity. ' ' Resolved, nemine contradicente, 2. That the act of Parlia ment for shutting up the port of Boston is unconstitutional, oppressive to the inhabitants of that town, dangerous to the liberties of the British Colonies, and that therefore we con sider our brethren at Boston as suffering in the common cause of America. "Resolved, nemine contradicente, 3. That a congress of deputies from the several Colonies in North America is the most probable and proper mode of procuring relief for our suffering brethren, obtaining redress of American grievances, securing our rights and liberties, and re-establishing har- 236 THE BIRTH OF THE REPUBLIC. mpny between Great Britain and these Colonies on a Con stitutional foundation. "Resolved, nemine contradicente, 4. That a respectable committee be immediately appointed for the county of Kent, to correspond with the committees of the sister-Colonies and the other counties in the Government, in order that all may unite in promoting and endeavoring to obtain the great and valuable end mentioned in the foregoing resolution. "Resolved, nemine contradicente, 6. That the committee now to be appointed 'consist of thirteen persons to wit: Charles Ridgely, William Killen, Caesar Rodney, John Haslet, John Clarke, Thomas Collins, Esquires, Jacob Stout, Esquire, James Sykes, Esquire, James Wells, Thomas Rod ney, Richard Bassett, Esquire, Richard Lock wood, Esquire, and Zadock Crapper, Esquire, and that seven of them may act. "Resolved, nemine contradicente, 7. That the said com mittee immediately set on foot a subscription for the relief of such poor inhabitants of the town of Boston as may be deprived of the means of sustenance by the act of Parlia ment commonly called the Boston Port Bill; the money arising from such subscription to be laid out as the com mittee shall think will best answer the ends proposed. "Resolved, nemine contradicente, 8. That the inhabitants of this county do agree with their brethren of New Castle County, in adopting and carrying into execution all and singular such peaceable and Constitutional measures as shall be agreed on by a majority of the Colonies by their deputies at the intended Congress, and will have no trade, commerce, or dealings whatsoever with that Province, city, or town on this continent (if any such should be), or with any individual therein, who shall refuse to adopt the same, until the before-mentioned act of Parliament, and two bills respecting the Province of Massachusetts Bay depending in Parliament (if passed into acts), are repealed. "Resolved, nemine contradicente, 9. That this committee embrace this public opportunity to testify their gratitude and most cordial thanks to the patrons and friends of liberty in Great Britain, for their patriotic efforts to prevent the present calamity of America." Sussex County (Del.) Resolutions. 11 At a general meeting of the freeholders and other inhab itants of the county of Sussex on Delaware, at the Court house in Lewistown, on Saturday, the 23d of July, 1774 "This assembly, taking into their very serious considera tion the present very critical situation of America; of the exclusive right of the Colonists of imposing taxes upon themselves ; of the invasion of that right by the statute of Sixth George the Third, chapter twelve, by which statute and sundry others the Parliament of Great Britain have THE BIRTH OF THE REPUBLIC. 237 assumed the power of making laws to bind the Colonies without their consent either by themselves or by their rep resentatives ; a recent instance of which is exhibited in a late statute commonly called the Boston Port Bill: there fore, in order to collect the voice and sentiments of this as sembly, the following articles were proposed, voted, and agreed to : "'1. That the inhabitants of this county owe and will pay due allegiance to his Majesty King George the Third. " ' 2. That it is the inherent right of British subjects to be taxed by their own consent, or by representatives chosen by themselves only ; and that every act of the British Par liament respecting the internal police of North America is unconstitutional and an invasion of our just rights and privileges. " '3. That the late act of Parliament inflicting pains and penalties on the town of Boston by blocking up their har bor is a precedent justly alarming to the British Colonies in America, and utterly inconsistent with and subversive of, their Constitutional rights and liberties. " ' 4. That a Congress of deputies from the several Colonies in North America is the most probable and proper mode of obtaining redress of American grievances, securing our rights and liberties, and re-establishing peace and harmony between Great Britain and these Colonies on a Constitu tional foundation. " ' 5. That the inhabitants of this county will adopt and carry into execution all and singular such peaceable and Constitutional measures as shall be agreed on by a majority of the Colonies by their deputies at the intended Congress. " ' 7. That it is our opinion that it would conduce to the restoration of the liberties of America should the Colonies enter into joint agreement not to import any article of British manufacture or carry on any branch of trade un less under such restrictions as may be agreed upon by the Congress. " ' 8. That the committee hereinafter appointed are hereby desired to receive the subscriptions of such charitable per sons in this county who shall incline to contribute towards the distressed and suffering inhabitants of the town of Bos ton; and that the money raised by such subscriptions be disposed of by the said committee for the use of the said in habitants, whom we consider as suffering in the common cause of America.' Delaware Convention. Aug. 2, 1774. At a meeting of the representatives of the freemen of the government of the counties of New Castle, Kent, and Sussex upon Delaware on the 2d of August, 1774, A.M., it was unanimously resolved to instruct the deputies then ap- 238 THE BIRTH OF THE REPUBLIC. pointed in behalf of the people of the said Government to attend the general Congress, that they do endeavor to pre vail with the deputies of the other Colonies and Provinces at the general Congress, to adopt the following or similar reso lutions : "1. In the first place, that we most solemnly and sincerely promise and declare that we do and wiU bear "faith and true allegiance to his most sacred Majesty King George the Third, our most gracious sovereign and rightful liege and lord; that we will upon true revolution principles, and to the utmost of our power, support and defend the Protestant succession as established in the illustrious House of Han over; and it is our most earnest desire that the connection which subsists between Great Britain and her Colonies, whereby they are made one people, may continue to the latest period of time. U 2. That the subjects of his Majesty in the British- Ameri can Colonies have had, and of right ought to have and en joy, all the liberties, privileges, and immunities of free and natural born subjects within any of his Majesty's dominions, as full and amply as if they and every one of them were born within the realm of England ; that they have a prop erty in their own estates, and are to be taxed by their own consent only, given in person, or by their Eepresentatives, and not to be disseized of their liberties and free customs, sentenced or condemned, but by lawful judgment of their peers. U 3. That the only Representatives of the freemen in the several Colonies are persons they elect to serve in the Gen eral Assembly thereof, and that it is the just right and priv- ileg;e of the said freemen to be governed by laws made by their General Assembly, in the article of taxation, and in ternal police. '. Dinwiddie County (Va.) Resolutions. " At a general meeting of the inhabitants of the county of Dinwiddie, at the Court-house, on Friday, the 15th of July, 1774: " * It was declared,, as the result of our opinion upon these violent measures, that we do protest against every law or act of the British legislature that shall authorize the impo sition of taxes on the Americans without their consent, which cannot be had in Parliament, as they have no repre sentation, nor ought to have, in that body, from local cir- cumstsnces and other considerations ; and because it is the proper, exclusive, and indefeasible right of every free state, especially under the British form of government, to be taxed only by themselves or their representatives. 4 ' * And whereas, A convention of the late representatives of this Colony was judged expedient, and was appointed after their dissolution to be held the first day of August next at Williamsburg, there to consult upon the most plausible means of avoiding the dangerous precedents of acts of pow er now intended to be established against us ; to promote on our part this laudable design, we do appoint our late rep resentatives, Robert Boiling and John Banister, Esquires, deputies to act for us on this important occasion, recom mending it to them to concert with the deputies from the 276 THE BIRTH OF THE REPUBLIC. other counties a firm and prudent plan of opposition to every invasion of our rights, and particularly to those acts of Parliament we have pointed out. Confiding in their vigi- lence and attention, we wish them, in their endeavors, the success that so good a cause merits.' " Surry County (Fa.) Resolutions. * ' At a meeting of a respectable bodj of the freeholders and other inhabitants of the county of Surry, on due notice, at the Court-house of the said county, the 16th day of July, 1774, " Allen Cocke, Esqur., moderator, " The proceedings and regulations of the late members of the House of Burgesses, since their dissolution, respecting the alarming situation of North America, were seriously de liberated upon, and the following resolves unanimously agreed to : " '1st. Resolved, That we acknowledge all due obedience to his present Majesty, and will defend him with our lives and fortunes. " ' 2d. Resolved, That as British subjects who know the in valuable blessings of their birthright, we will not submit to the imposition of any taxes or duties to be paid by the in habitants within this dominion by any other power than the General Assembly, duly elected; and that in them, and them only, is the Constitutional right of taxation, vested. " * 3d. Resolved, That we will cheerfuly join with our suf fering brethren of America in the firmest bonds of union against exporting or importing any commodities to or from Great Britain till our just and legal rights are restored. " ' 4th. Resolved, That the cause of the town of Boston is the common cause of all British America.' " York County (Fa.) Resolutions. " On Monday, the 18th of July (1774), the freeholders and other inhabitants of York county, Virginia, met, according to public notice, at the Court-house, in York, to consider what was to be done in the present distressed and alarming situation of affairs throughout the British Colonies in America. " Thomas Nelson, Junr., Esquire, moderator. " ' It was then unanimously resolved, That as the constitu tional Assemblies of Virginia have been prevented from ex ercising their right of providing for the security of the lib erties of the people, that right again reverts to the people as the fountain from whence all power and legislation flow; a right coeval with human nature, and which they claim from the eternal and immutable laws of nature's God. " ' Resolved also r That Dudley Digges and Thomas Nelson, THE BIRTH OF Tfffl REPUBLIC. 277 Jr., Esqrs., do attend the city of Williamsburg on the first day of August next, in a general convention from the other counties in Virginia, there to exert their utmost abilities to put a stop to that growing system of Ministerial despotism which has so long threatened the destruction of America. And that you, our Delegates, may be made acquainted with the sentiments of the people of this county, it is their opin ion that you proceed to choose proper persons to represent the Colony of Virginia in a general Congress of America, to meet at such time and place as may be hereafter agreed on. " 'And, further, the people of this county are of opinion that the act of the British Parliament laying a duty on tea for the purpose of raising a revenue to be collected in Amer- ca, without her consent, is an illegal tax. " 'That the act which blocks up the port of Boston destroys her trade and subjects her inhabitants to the worst of in conveniences and hardships, is oppressive, and unconstitu tional; that the people of Boston incurred the displeasure of Parliament by a just defence of their liberties and prop erties ; and that the cause for which they suffer is the gen eral cause of every British Colony in America. "'That the bill commonly called the Murdering Bill, if passed into an act, is not only unconstitutional, but shocking to human nature ; that its evident design is to privilege the soldiers to commit, with impunity, the most cruel outrages even against the lives of Americans, whilst it cuts off from an accused American every hope of being acquitted. " * That the most effectual means of obtaining a speedy re dress of American grievances is to put a stop to imports from Great Britain, with as few exceptions as possible, until the said oppressive acts be repealed and American rights established ; and that what relates to exports be left to the determination of the convention in August.' " Fairfax County ("Fa.) Resolutions. " At a general meeting of the freeholders and other inhab itants of the county of Fairfax, as the Court-house, in the town of Alexandria, on Monday, the IStfc. day of July, 1774, '"George Washington, Esq., chairman ; " Robert Harrison, Gentleman, clerk, " 'Resolved, That tin's Colony and dominion of Virginia cannot be considered as a conquered country, and, if it was, that the present inhabitants are the descendents, not of the conquered, but of the conquerors. " k That the same was not settled at the national expense of England, but at the private expense of the adventurers, pur ancestors, by solemn compact with, and under the auspices and protection of, the British Crown, upon which we are in every respect as dependent as the people of Great Britain, and in the same manner subject to all his Majesty's just, Je- 278 THE BIRTH OF THE REPUBLIC. gal, and constitutional prerogatives : that our ancestors, when they left their native land and settled in America, brought with them, even if the same had not been confirmed by char ters, the civil Constitution and form of government of the country they came from, and were, by the laws of Nature and Nations, entitled to all its privileges, immunities, and advantages which have descended to us, their posterity, and ought of right to be as fully enjoyed as if we had still con tinued within the realm of England. " ' Resolved, That the most important and valuable part of the British Constitution, upon which its very existence de pends, is the fundamental principle of the people's being gov erned by no laws to which they have not given their consent by representatives freely chosen by themselves, who are affected by the laws they enact equally with their constit uents, to whom they are accountable and whose burthens they share, in which consists the safety and happiness of the community'; for if this part of the Constitution was taken away or materially altered, the government must degenerate either into an absolute despotic monarchy or a tyrannical aristocracy, and the freedom of the people be annihilated. " * Resolved, That taxation and representation are, in their nature, inseparable ; that the right of withholding or of giving and granting their own money is the only effectual security to a free people against the encroachments of des potism and tyranny ; and whenever they yield the one, they must quickly fall a prey to the other. " 4 Resolved, That there is a premeditated design and system formed and pursued by the British Ministry to introduce an arbitrary government into his Majesty's American domin ions ; to which end they are artfully prejudicing our sover eign and inflaming the minds of our fellow-subjects in Great Britain by propagating the most malevolent falsehoods, par ticularly that there is an intention in the American Colonies to set up for independent states, endeavoring at the same time by various acts of violence and oppression, by sudden and repeated dissolutions of our assemblies, whenever they presume to examine the illegality of Ministerial mandates or deliberate on the violated rights of their constituents, and by breaking in upon the American charters to reduce us to a state of desperation, and dissolve the original com pact by which our ancestors bound themselves and their posterity to remain dependent upon the Crown, which measures, unless effectually counteracted, will end in the ruin of both Great Britain and her Colonies. " 'Resolved, That we cordially join with our friends and brethren of this and the other Colonies in such measures as shall be judged most effectual for procuring a redress of our grievances ; and that upon obtaining such redress, if the destruction of the tea at Boston be regarded as an invasion THE BIRTH OF THE REPUBLIC. of private property, we shall be willing to contribute towards paying the East India Company the value. But as we con sider the said company as the tools and implements of op pression in the hands of government, and the cause of the present distress, it is the opinion of this meeting that the people of these Colonies should forbear any further dealings with them by refusing to purchase their merchandise until that peace, safety, and good order which they have dis turbed be perfectly restored ; and that all tea now in this Colony, or which shall be imported into it, shipped before the first day of September next,shouid be deposited in some store house to be appointed by the respective committees of each county, until a sufficient sum or money be raised by sub scription to reimburse the owners the value, and then to be publicly burnt and destroyed ; and if the same is not paid for and destroyed as aforesaid, that it remain in the custody of the said committees, at the risk of the owners, until the act of Parliament imposing a duty upon tea, for raising a revenue in America, be repealed, and immediately after wards be delivered unto the several proprietors thereof, their agents or attorneys. " * Resolved, That it is the opinion of this meeting, if Amer ican grievances be not redressed before the first day of Nov ember, 1775, that all exports of produce from the several Colonies to Great Britain should cease : and to carry the said resolution into execution more effectually, that we will not plant or cultivate any tobacco after the crop now grow ing, provided the same measure shall be adopted by the other Colonies on this continent, as well those who have heretofore made tobacco, as those who have not. ' ' ' And it is our opinion also, if the Congress of deputies from the several Colonies shall adopt the measure of non-exporta tion to Great Britain, as the people will be thereby disabled from paying their debts, that no judgments should be ren dered by the courts in the said Colonies for any debt after information of the said measures being determined upon. " 'Resolved, That George Washington, Esq., and Charles Broadwater, Gentleman, lately elected our representatives to serve in the General Assembly, attend the convention at William sburg on the first day of August next, and present these resolves as the sense of the people of this county upon the measures proper to be taken in the present alarming and dangerous situation in America.' " Stafford County (Fa.) Resolutions. u At a meeting of the freeholders and other inhabitants of the county of Stafford, July, 1774, the following address was agreed to be presented : 280 THE BIRTH OF THE REPUBLIC. " To John Alexander and Charles Carter, EsqrK. : "GENTLEMEN : You are chosen to convey the sentiments of the freeholders and inhabitants of this county, to a meet ing of the agents from every county in the Colony, to be held at William sburg on the 1st day of August. Permit us on this occasion to recommend to you a conduct decent, though spirited, animated, yet prudent. "Resolved, That an exemption from Parliamentary taxa tion is the clear and undoubted right of the American Col onies ; that this right hath been uniformly claimed and allowed by the King and Parliament of Great Britain from the first settlement of America, and that an attempt to de prive them of this right is both contrary to the laws and Constitution of England, and would reduce the Americans to a slavery the most deplorable and ignominious. " Resolved, That to surrender the inestimable and unques tioned right, which the people of America have, to be taxed by their representatives only, would be a total departure from the dignity of human nature, and would argue such a base ness or soul as must render them unworthy of the name of British subjects. "Resolved, That every encroachment made by the British Parliament on the rights of any one of his Majesty's Colonies or plantations in America ought to be looked upon as an infringement upon the just rights and inherent privileges of the whole. "Resolved, That the only sure and effectual measure to preserve America and disarm the hand of oppression will be to put an entire and immediate stop to all intercourse of trade with Great Britain and the West Indies, and also to the exportation of wheat, flour, provisions, and lumber to any part of Europe." Elizabeth City County (Fa.) Resolutions. " At a meeting of the freeholders and other inhabitants of the county of Elizabeth City, and town of Hampton, as sembled at the Court-house, the 25th day of July, 1774, to consider of instructions to our late members, or to those persons who shall be chosen our representatives at the ensu ing election ; "Henry King, Esq., chosen moderator; " Mr. Robert Bright, clerk, "The following resolves were agreed to : " * 1st. That the people of this county and town are strongly attached, from principles and education, to his present Ma jesty, King George the Third, and his family ; and they will with their lives and fortunes stand by and defend his sacred person, Crown, and dignity. " * Resolved, That the representatives of this Colony have, THE BIHTII OF THE REPUBLIC. 281 and ever ought to have, the sole right of taxing the inhabi tants of this Colony ; and that the assuming of such a power by the present or any other Parliament of Great Britain should ever be considered as a strong proof of that despotic tyranny which 89 strongly marks the present administra tion, and which dictated those late cruel and oppressive acts depriving the good people of the Massachusetts Bay of their dearest and most invaluable rights. "'Resolved, That if a non-importation and -exportation agreement should be thought necessary, that our members be directed to agree thereto. " ' Resolved, That it is the sense of this meeting that a non importation and -exportation agreement is necessary. "Resolved, That it is the opinion of this meeting that any merchant or dealer who advances the price of his goods upon a non-importation agreement ought to be deemed an enemy to his country ; and we do most solemnly promise to consider him as such, and to withhold alUcommercial inter course with him. "Resolved, That this meeting highly approve of the glow ing zeal of the sister-Colonies upon this trying occasion, and heartily sympathize with their persecuted brethren and fel low-subjects, the people of Boston. "Resolved, That a subscription for the relief of the un happy poor of Boston ought to be encouraged by all char itable and humane people, and that the moderator be di rected to solicit contributions for that purpose." Albemarle County (Va.} Resolutions. "At a meeting of the freeholders of the county of Albe marle, assembled in their collective body at the Court-house of the said county on the 26th of July, 1774 : " * Resolved, That the inhabitants of the several Colonies of British America are subject to the laws which they adopted at their first settlement, and to such others as have since been made by their respective legislatures, duly constituted and appointed with their own consent. That no other legis lature whatever can rightfully exercise authority over them ; and that these privileges they hold as the- common rights of mankind, confirmed by the political constitutions they have respectively assumed, and also by several charters of com pact from the Crown. ' ' Resolved, That these their natural and legal rights have in frequent instances been invaded by the Parliament of Great Britain, and particularly were they so by an act lately passed to take away the trade of the inhabitants of the town of Boston, in the Province of Massachusetts Bay; that all such assumptions of unlawful power are dangerous to the rights of the British empire in general, and should be con sidered as its common cause; and that^we will ever be ready 282 THE BIRTH OF THE REPUBLIC. to join with our fellow-subjects in every part of the same in executing all those rightful powers which God has given us for the re-establishing and guaranteeing such their Constitu tion and rights when, where, and by whomsoever invaded. " ' It is the opinion of this meeting that the most eligible means of effecting these purposes will be to put an imme diate stop to all imports from Great Britain (cotton, osna- brigs, striped duffil, medicines, gunpowder, lead, books, and printed papers, the necessary tools and implements for the handicraft arts and manufactures excepted for a limited term) and to all exports thereto after the 1st day of October, which shall be in the year of our Lord 1775; and imme diately to discontinue all commercial intercourse with every part of the British empire which, shall not in like manner break off their commerce with Great Britain. It is the opinion of this meeting that we immediately cease to import all commodities from every part of the world which are sub jected by the British Parliament to the payment of duties in America.' " AccomacJc County (Fa.) Resolutions. " At a meeting of a very respectable body of the freehold ers and other inhabitants of the county of Accomack, at the Court-house, July 27, 1774, " James Henry, Esq., in the chair, "The meeting, taking into their serious consideration the present critical and alarming condition of this country re specting her present disputes with Great Britain, do unani mously resolve as follows : " ' 1st. That we do owe and will pay due allegiance to his Majesty King George the Third. " I 2d. That all his Majesty's subjects in America are by birthright entitled to all the rights and immunities of Brit ish-born subjects, one of which, and of the greatest import ance, is that no tax, aid, tallage, or other imposition shall be laid upon them but by their own consent by their repre sentatives. " ' 3d. That the town of Boston in our sister-Colony is now suffering in the common cause of American liberty. " '4th. That the powers claimed by the British Parliament, and now carrying into execution against the town of Boston, are fundamentally wrong, and cannot be admitted without the utter destruction of American liberty, and are intended to operate equally against the rights and liberties of the other Colonies. "'5th. That the inhabitants of this county, confiding in the prudence and abilit?^ of their representatives who are to meet their brethren at Williamsburg on the 1st day of August next, will cheerfully submit to any measures which may be concluded upon at the said general meeting, as best to be THE BIRTH OF THE REPUBLIC. 283 adopted for restoring harmony between the mother-country and her Colonies. " * Ordered, That these resolves be forthwith printed.' "JOHN POWELL, Clerk." Princess Anne County (Va.) Resolutions. 11 At a meeting of the freeholders and other inhabitants of the county of Princess Anne, on due notice given by one of the late representatives, held at the Court-house of the said county on Wednesday, the 27th day of July, 1774, and they, after choosing, "Anthony Lawson, Esq., moderator, came to the follow ing resolutions : ' Resolved, That it is the opinion of this meeting that it is an absolute right, inherent in every British American sub ject, to have and enjoy such freedoms and privileges as be long to the free people of England ; and that he cannot be taxed but by his own consent or representative. " 'Resolved, That it is the opinion of this meeting that every attempt to impose taxes by any other authority is a tyrannical exertion of power and a violation of the Constitu tional and just rights and liberties of the subject; and that the acts for blocking up the harbor of Boston, for altering the chartered Constitution of the Massachusetts Bay, and for the suppression of riots and tumults are cruel and op pressive invasions of the natural rights of the people of the said Province, as men, and of their Constitutional rights as English subjects. " ' Resolved, That the town of Boston and the Province of Massachusetts Bay are now suffering in the common cause of America, as the said acts would lay a foundation for the utter destruction of the rights and liberties of the subjects of British America. " ' Resolved, That our burgesses be hereby instructed to use their utmost endeavors at the ensuing Congress at Wil- liamsburg to procure a general association for stopping all importation from and exportation to Great Britain, except such articles as shall there be agreed upon, as the most effectual means to obtain redress ; the non-importation and non-exportation to take place on such future day as may be agreed on by the general Congress of Deputies from the sev eral Colonies. "'Resolved, That our burgesses be instructed to vote against every motion or proposal for clogging the usual im ports from and exports to the West Indies. " 'Resolved, That our burgesses be instructed to oppose the importation of slaves and convicts as injurious to this Colony, by preventing the population of it by freemen and useful manufacturers.' " 284 THE BIRTH OF THE REPUBLIC. Buckingham County (Fa.) Resolutions. "At a meeting of the freeholders and other inhabitants of the county of Buckingham, at the Court-house, the 28th of July, 1774, they took under their consideration the truly alarming state of the several British Colonies from sundry acts of Parliament, which, if carried into execution, must reduce the whole to an abject state of slavery ; at which time they came to the following resolutions: 4 'Resolved, That we will, at the risk of our lives and fortunes, defend his Majesty's right and title to the Crown of Great Britain and his American dominions, against all and every power whatsoever ; and that we do acknowledge and profess all due obedience to him. 4 'Resolved, That we will not pay any tax that is or may be laid by the Parliament of Great Britain for the purpose of raising a revenue in America ; our own legislature, with the consent of his Majesty, being one legally vested with a power of laying taxes on the inhabitants of this Colony. "Resolved, That the act of Parliament for blocking up the harbor of Boston ; also one other act for carrying persons to Great Britain or elsewhere to be tried for offences ; as also the act for depriving our sister-Colony of Massachusetts Bay of their Charter are unjust, arbitrary, and unconstitu tional ; and that we consider an attack on the liberties of one of our sister-Colonies as an attack on the whole of Brit ish America." Augusta County (Fa.) Resolutions " of February 1775. "After due notice given to the freeholders of Augusta county, to meet in Staunton for the purpose of electing Delegates to represent them in Colony convention at the town of Richmond on the 20th day of March (1775), the free holders of said county thought proper to refer the choice of their Delegates to the judgment of the committee, who, thus authorized by the general voice of the people, met at the Court-house on the 22d day of February and unanimously chose Mr. Thomas Lewis and Captain Samuel McDowell to represent them in the ensuing convention. Instructions were then ordered to be drawn up by the Reverend Alexan der Balmain, Mr. Sampson Matthews, Captain Alexander McClenachan, Mr. Michael Bowyer, Mr. William Lewis, and Captain George Matthews, or any of them, and delivered to the delegates then chosen ; which are as follows : To Mr. Thomas Lewis and Captain Samuel McDowell : " The committee of Augusta county, pursuant to the trust reposed in them by the freeholders of the same, have chosen you to represent them in a Colony convention proposed to THE BIRTH OF THE REPUBLIC. 285 be held in Eichmond on the 20th of March instant. They desire that you may consider the people of Augusta county as impressed with just sentiments of loyalty and allegiance to his Majesty King George, whose title to the imperial Crown of Great Britain rests on no other foundation than the liberty, and whose glory is imseparable fronl the happi ness, of all his subjects. We have also a respect for the par ent-state, which respect is founded on religion, on law, and the genuine principles of the Constitution. On these prin ciples do we earnestly desire to see harmony and a good understanding restored between Great Britain and Amer ica. Many of us and our forefathers left their native land, and explored this once savage wilderness, to enjoy the free exercise of the rights of conscience and of human nature. These rights we are fully resolved, with our lives and fort unes, inviolably to preserve; nor will we surrender such inestimable blessings, the purchase of toil and danger to any Ministry, to any Parliament, or any body of men upon earth by whom we are not represented and in whose deci sions therefore we have no voice." Virginia Convention. At a very full meeting of Delegates from the different counties in the Colony and dominion of Virginia, begun in Williarasburg the first day of August, in the year of our Lord 1774, and continued by several adjournments to Sat urday the 6th of the same month, the following association was unanimously resolved upon and agreed to : u 1st. We do hereby resolve and declare that we will not either directly or indirectly, after the first day of November next, import from Great Britain any goods, wares, or mer chandise whatever, medicines excepted; nor will we, after that date, import any British manufactures either from the West Indies or any other place ; nor any articles whatever which we shall know or have reason to believe was brought into such countries from Great Britain; nor will we pur chase any such articles so imported of any person or per sons whatsoever, except such as are now in the country, or such as may arrive on or before the first day of November in consequence of orders already given, and which cannot now be countermanded in time. "2d. We will neither ourselves import, or purchase any slave or slaves imported by any other person, after the first day of November next, either from Africa, the West Indies, or any other place. "3d. Considering the article of tea as the detestable in strument which laid the foundation of the present sufferings of our distressed friends in the town of Boston, we view it with horror; and therefore resolve that we will not from this day either import tea of any kind whatever, nor will 286 THE BIRTH OF THE REPUBLIC. we use or suffer even such of it as is now on hand, to be used in any of our families. 4i 4th. If the inhabitants of the town of Boston, or any other Colony, should by violence or dire necessity be com pelled to pay the East India Company for destroying any tea which they have lately by their agents unjustly at tempted to force into the Colonies, we will not directly or indirectly import or purchase any British East India com modity whatever till the company, or some other person on their behalf, shall refund and fully restore to the owners such sum or sums of money as may be extorted. " 5th. We do resolve that, unless American grievances are redressed before the 10th day of August, 1775, we will not after that day directly or indirectly export tobaccco or any other articles whatever to Great Britain ; nor will we sell any such articles as we think can be exported to Great Britain, with a prospect of gain, to anv person or persons whatsoever, with a design of putting it into his or their power to export the same to Great Britain either on our own, his, or their account. And that this resolution may be the more effectually carried into execution, we do hereby recommend it to the inhabitants of this Colony to refrain from the cultivation of tobacco as much as conveniently may be; and in lieu thereof, that they will, as we resolve to do, apply their attention and industry to the cultivation of all such articles as may form a proper basis for manufac tures of all sorts which we will endeavor to encourage throughout this Colony to the utmost x>f our abilities." Hugh Mercer, etc., to Captain Wm. Gray son. " FREDERICKSBUKG, VA., April 24, 1775. "SrR: From undoubted authority, we received here this day morning the very disagreeable intelligence that, in the night of Thursday last, Captain Collins, commander of one of his Majesty's sloops-of-war, by command of his Excel lency the Governor, assisted a company of marines, carried off all the pbwder from the magazine in the city of Wil- liamsburg, and deposited it on board bis vessel, which lay at Bur well's Ferry, about five miles below the city. "The said authority informs us that the corporation of the city of Williamsburg addressed the Governor on that occasion. The people have received no satisfaction; nor are they likely to recover the powder, though it is so neces sary for the security of the country. This being a day of meeting of the Independent Company of this town, they considered it necessary to take the matter into serious con sideration, and are come to a unanimous resolution that a submission to so arbitrary an exertion of government may not only prejudice the common cause by introducing a sus- THE BIRTH OF THE REPUBLIC. 287 picion of defection of this Colony from the noble pursuit, but will encourage the tools of despotism to commit further acts of violence in this Colony, and more especially subject the arms in the magazine to the same fate as the powder. In these sentiments this Company could but determine that a number of public-spirited gentlemen should embrace this opportunity of showing their zeal in the grand cause by marching to Williamsburg to inquire into this affair, and there to take such steps as may best answer the purpose of recovering the powder and securing the arms now in the magazine. To this end they have determined to hold them selves in readiness to march from this place as light horse on Saturday morning; and in the mean time to submit the matter to the determination of yours and the neighboring counties, to whom expresses are purposely forwarded. We address you in the name of our Company as its officers, and are, sir, your very humble servants. "HUGH MERCER, G. WELDON, "ALEXANDER SPOTSWOOD, JNO. WILLIS. "To CAPTAIN WM. GRAYSON." Captains Grayson and Lee to Colonel Washington. " DUMFRIES, Ap'l 26, 1775. "SiR: We have just received a letter from the officers of the Independent Company, of Spottsylvania, which I have herewith enclosed. We immediately called together this company and had the vote put, whether they would march to Williamsburg for the purposes mentioned in that letter, which was carried unanimously. "We have nothing more to add, but that we are well assured you may depend on them either for that or any other service which respects the liberties of America. We expect your answer and determination by Mr. Davess. "We have the honor to be, etc., "WILLIAM GRAYSON, " PHIL. ED. FRANS. LEE. "By order of the Company." Officers of Albemarle Volunteers to Colonel George Wash ington. " CHARLOTTESVILLE, Ap'l 29, 1775. "SiR: The county of Albemarle in general, and the Gen tleman Volunteers in particular, are truly alarmed and highly incensed with the unjustifiable proceedings of Lord Dunmore, who, we are informed, has clandestinely taken possession of our ammunition lodged in the magazine. We should have attended at Fredericksburg, in order to have proceeded to Williamsburg to demand a return of the powder, had the alarm reached us before an account of security being given for its delivery. 288 THE BIRTH OF THE REPUBLIC. "However, to assure you and the world of our readiness and willingness to resent any encroachments of arbitrary power, we now declare to you, should it be necessary, that the First Company of Independents for Albemarle will at tend in Williamsburg, properly equipped and prepared to enforce an immediate delivery of powder (if not to be ob tained otherwise) or die in the attempt. " With respect, we remain, ready to obey your commands, " CHARLES LEWIS, Captain ; " GEORGE GILMER, Lieutenant; "JOHN MARKS, 2d Lieutenant. "P. S. The Company will stand under arms all day on Tuesday, waiting your answer." Meeting of Freeholders of King William County, Virginia. "At a meeting of the freeholders of the county of King William, at the Court-house, on Monday, the first day of May (1775), Carter Braxton and William Aylett, Esqrs., were unanimously chosen their delegates to represent them in con vention for one year from the date thereof. A subscription being then opened for the relief of our brethren in Massa chusetts Bay, and it being thought highly necessary at this important crisis that supplies should be sent to them, and, money being the only means by which that relief could be afforded with certainty, the sum of one hundred and seventy- five pounds was immediately contributed, and it is expected that a much larger sum will be given when collections are made from the whole county." Hanover County (Va.) Committee. " At a meeting appointed and held for Hanover county, at the Court-house, on Tuesday, the 9th of May, 1775: Present, John Syme, Samuel Oyerton, William Cranch, Merri wether Skelton, Richard Morris, Benjamin Anderson, John Pendle- ton, John Robinson, Nelson Berkeley, and George Dabney, Junior, agreeable to a resolution, of the committee held at New Castle the 2d instant, setting forth that they, being fully informed of the violent hostilities committed by the King's troops in America, and of the danger arising to the Colonies by the loss of the public powder, and of the conduct of the Governor, which threatens altogether calamities of the greatest magnitude and most fearful consequences to this Colony; and therefore recommending reprisals to be made upon the King's property sufficient to replace the gun powder taken out of the magazine, it appears to this Com mittee, the Volunteers, who marched from New Castle to ob tain satisfaction for the gunpowder by reprisal or otherwise, proceeded on that business as follows, to wit : "That an officer with sixteen men was detached to seize the King's receiver-general, with orders to detain him ; and THE BIRTH OF THE REPUBLIC. 289 this, it was supposed, might be done without impeding the progress of the main body. The said receiver-general not being apprehended, owing to his absence from home, the said detachment, according to orders, proceeded to join the main body on its march to Williamsburg, and the junction happened on the 3d instant at Doncastle's Ordinary about sunset. A little after sunrise next morning, the command ing officer being assured that proper satisfaction in money should be instantly made, the Volunteers halted, and the proposal, being considered by them, was judged satisfactory as to that point; and the following receipt was given, to wit: <(< DONCASTLE'S ORDINARY, ) NEW KENT, May 4, 1775. \ " * Received from the Honourable Richard Corbin, Esq., his Majesty's receiver-general 330, as a compensation for the powder lately taken out of the public magazine by the Gov ernor's order; which money I promise to convey to the Virginia Delegates at the general Congress, to be under their direction laid out in gunpowder for the Colony's use, and to be stored as they shall direct, until the next Colony conven tion or General Assembly, unless it shall be necessary in the mean time to use the same in defence of this Colony. It is agreed that in case the next convention shall determine that any part of the said money ought to be returned to his Majesty's receiver-general, that the same shall be done ac cordingly. PATRICK HENRY, Jurir." 1 ' ' It was then considered that as a general Congress would meet in a few days, and probably a Colony convention would shortly assemble, and that the reprisal now made would amply replace the powder, with the charges of trans portation, the commanding officer wrote the following letter and sent by express : " ' May 4, 1775. " 'SiR: The affair of the powder is now settled so as to produce satisfaction to me, and, I earnestly wish, to the Colony in general. " 'The people here have it in charge from the Hanover Committee to tender their services to you as a public officer for the purpose of escorting the public treasury to any place in this Colony where the money would be judged more safe than in the city of Williamsburg. The reprisal now made by the Hanover Volunteers, though accomplished in a man ner least liable to the imputation of violent extremity, may possibly be the cause of future injury to the treasury. If, therefore, you apprehend the least danger, a sufficient guard is at your service. "'I beg the return of the bearer may be instant, because the men wish to know their destination. ' With great respect, I am, sir, ' Your most humble servant, " * PATRICK HENRY, Junior S " "To EGBERT CARTER NICHOLAS, Treasurer." 290 THE BIETH OF THE REPUBLIC. "To which answer was received from the said Mr. Nich olas, importing that he had no apprehension of the necessity or propriety of the proffered service. For which reasons, and understanding, moreover, for others, that the private citizens of Williamsbugh were in a great measure quieted from their late apprehensions for their persons and property, the Volunteers judged it best to return home, and did so accordingly in order to await the further directions of the General Congress or Colony Convention. Augusta County ("Pa.) Committee. " At a meeting of the inhabitants of that part of Augusta county that lies on the west side of the Laurel Hill, at Pittsburgh, the 16th day of May, 1775, " * Resolved unanimously, That this committee have the highest sense of the spirited behaviour of their brethren in New England, and do most cordially approve of their oppos ing the invaders of American rights and privileges to the utmost extreme, and that each member of this committee, respectively, will animate and encourage their neighborhood to follow the brave example.' " General Washington to Joseph Reed. (Extract.) " CAMBRIDGE, February 10, 1776. "With respect to mvself, I have never entertained an idea of an accomodation since I heard of the measures which were adopted in consequence of the Bunker's Hill fight. The King's speech has confirmed the sentiments I enter tained upon the news of that affair; and if every man was of my mind, the Ministers of Great Britain should know in a few words upon what issue the cause should be put. I would not be deceived by artful declarations nor specious pretences, nor would I be amused by unmeaning proposi tions, but in open, undisguised, and manly terms proclaim our wrong, and our resolution to be redressed. I would tell them that we had borne much; that we had ardently long sought for reconciliation upon honorable terms; that it had been denied us ; that all our attempts after peace had proved abortive, and had been grossly misrepresented; that we had done everything which could be expected from the best of subjects ; that the spirit of freedom rises too high in us to submit to slavery ; and that if nothing else would satisfy a tyrant and his diabolical Ministry, we are determined to shake off all connections with a state so unjust and un natural. * ' This I would tell them, not under covert, but in words as clear as the sun in its meridian brightness. " THE BIRTH OF THE REPUBLIC. 291 Virginia Convention. " Wednesday, May 15, 1776. " Present, one hundred and twelve members. . . . " 'Wherefore, appealing to the Searcher of hearts for the sincerity of former declarations, expressing our desire to preserve the connection with that nation, and that we are driven from that inclination by their wicked counsels and the eternal laws of self-preservation, * ' * Resolved unanimously, That the Delegates appointed to represent this Colony in" General Congress be instructed to propose to that respectable body to declare the United Colonies free and independent states; absolved from all allegiance to or dependence upon the Crown or Parliament of Great Britain ; and that they give the assent of this Col ony to such declaration and to whatever measure may be thought proper and necessary by the Congress for forming foreign alliances, and a confederation of the Colonies at such time and in the manner as to them shall seem best : pro vided that the power of forming government for and regu lations for the internal concerns of the Colony be left to the respective Colonial legislatures. '"Resolved unanimously, That a committee be appointed to prepare a declaration of rights, and such a plan of gov ernment as will be most likely to maintain peace and order in this Colony, and secure substantial and equal liberty to the people. EDMUND PENDELTON, President." NORTH CAROLINA. The people of North Carolina, like those of Massachu setts, had from the earliest times regarded England rather as a cruel step-mother than as a loving parent. The Colony, for the greater part of a century, was under a government of lords proprietors, whose interest in the inhabitants was that of absentee landlords, and whose care for their welfare con sisted in sending out their needy and profligate relations and dependents to govern them. The transfer of the Colony to the Crown, in 1729, by increasing official responsibility, was a great advantage, but it was far from insuring good government and a contented people. " The civil and military officers of the Crown in America," says Bancroft, "were nearly all men of British birth, who had obtained their places for the sake of profit, and had no higher object than to augment and assure their gains. For this reason they wished to become independent of Col onial legislatures for their support, and to strengthen the delegated executive power." He speaks of Try on "as the able but selfish Tryon, who, under a smooth exterior, con cealed the heart of a savage." Bernard, the Governor of Massachusetts, and Hutchinson and Oliver, who held more 292 THE BIRTH OF THE REPUBLIC. than one each of the highest offices in the Colony, includ ing judgeships, "with perseverance equalled only by their duplicity, sought to increase their emoluments to free them selves from ' their dependence on the people for a necessary support,' and consolidate their authority by the presence of a small standing army." It has already been explained that the corruption and tyranny practised by the officers of the law had produced the rebellion of the Regulators, which was suppressed in blood in 1771 ; and that the part taken by the gentlemen of the low country in that affair, against their humbler fellow- subjects of the hills, had the effect of alienating thousands of the latter from the cause of the Revolution. And if this un fortunate affair had not occurred at that time, the Colony would have been as nearly unanimous for independence as New England. But in spite of it, North Carolina was ever among the most forward to defend the common cause. Entirely engaged in agriculture, and thus secluded from the world, her people felt the weight of the British taxes but slightly ; and their enthusiasm for the invaded right of the Colonies to tax themselves was inspired by devotion to the principle, and by generous sympathy with their suffering brethren farther North, rather than by the grievance they suffered. The act of Parliament of 1766, to take effect in June, 1767, for laying duties on tea, glass, paints, oils, and paper, re awakened the spirit of resistance throughout the Colonies which had been so effective when the Stamp Act was passed. The following account of the action of the Assem bly on this occasion is from Williamson's history : " This revenue law was opposed, as the second had been, by resolutions, petitions, and remonstrances. The British Ministry in the mean time used their utmost endeavors to prevent a general association of the Colonies. For this pur pose Governor Tryon, according to his instructions, assured the Assembly (twenty-third October, 1769) that, 'notwith standing cruel reports, his Majesty had no desire to lay further burdens on America, for the purpose of raising a revenue; and that he would propose to Parliament, next session, to take off the duties upon glass, paper, and colors, as laid contrary to the principles of commerce." As the right of imposing taxes by Parliament was gen erally denied in the Colonies, the Assembly were little grat ified by a Ministerial declaration which retained the right of taxing, while it temporized by shifting the objects. With this view they were unanimous, eighty members being present, in resolving, " That the sole right of imposing taxes on the inhabitants of North Carolina has ever been vested in the House of As sembly. THE BIRTH OF THE REPUBLIC. 293 u That the inhabitants have the undoubted right of peti tioning for a redress of grievances. 41 That the trials for treasons committed in the Colony ought to be had here ; and removing suspected persons to be tried beyond the sea is derogatory to the rights of a Brit ish subject." The Assembly at the same time prepared a petition of similar import to be forwarded to the King, through their agent in London. The Governor, next day, 4th November, 1769, informed the house that, looking over their journals, he found resolutions that "had sapped the foundation of confidence and grati tude ;" wherefore it became his duty to dissolve the Assem bly. He dissolved them accordingly. Wilmington (N. C.) Resolutions. " At a general meeting of the inhabitants of the district of Wilmington, in the Province of North Carolina, held at the town of Wilmington, July 21, 1774, " William Hooper, Esq., chairman, '"Resolved, That Colonel James Moore, John Ancrum, Frederick Jones, Samuel Ashe, Eobert Howe, Robert Hogg, Francis Clayton, and Archibald Maclain, Esqrs., be a com mittee to prepare a circular -letter to the several counties of this Province, expressive of the sense of the inhabitants of this district with respect to the several acts of Parliament lately made for the oppression of our sister-Colony of the Massachusetts Bay for having exerted itself in defence of the Constitutional rights of America. " ' Resolved, That it will be highly expedient that the sev eral counties of this Province should send deputies to attend a general meeting at Johnston Court-house on the 20th day of August next, then and there to debate upon the present alarming state of British America, and, in concert with the other Colonies, to adopt and prosecute such measures as will most effectually tend to avert the miseries that threaten us. " 'Resolved, That we are of opinion, in order to effect an uniform plan for the conduct of all North America, that it will be necessary that a general Congress be held, and that deputies should there be present from the several Colonies, fully informed of the sentiments of those in whose behalf they appear, that such regulations may then be made as will tend most effectually to produce an alteration in the British policy, and to bring about a change honorable and bene ficial to all America. " ' Resolved, That we have the most grateful sense of the spirited conduct of Maryland, Virginia, and all the other northern Provinces, and also the Province of South Caro lina, upon this interesting occasion, and will with our purses and persons concur with them in all loyal measures that 294 THE BIRTH OF THE REPUBLIC. may be conceived by the Colonies in general as most expe dient in order to bring about the end which we earnestly wish for. "'Resolved, That it is the opinion of this meeting that Philadelphia will be the most proper place for holding the American Congress, and the 20th day of September the most suitable time ; but in this we submit our own to the general convenience of the other Colonies. "'Resolved, That we consider the cause of the town of Boston as the common cause of British America, and the inhabitants thereof as suffering in the defence of the rights of the Colonies in general ; and that therefore we have, in proportion to our abilities, sent a supply of provisions for the indigent inhabitants of that place, thereby to express our sympathy in their sufferings, and as an earnest of our sin cere intentions to contribute by every means in our power to alleviate their distress, and to induce them to maintain, with prudence and firmness, the glorious cause in which they are at present embarked. 7 " WILMINGTON, July 27. " In a former paper we observed a subscription had been opened here in benalf of such people in Boston as are deprived by the stoppage wantonly put to the trade of that place, of the usual means of subsisting themselves and their families ; we now observe with particular pleasure that several widow ladies of this town have contributed very liberally to that benevolent design." Halifax County (N. (7.) Committee Resolutions. " At a meeting of the committee for the said county on the 21st day of December, 1774, present : William Jones, chair man ; Nicholas Long, John Bradford, James Hagan, Benja min McCulloch, Joseph John Williams, William Alston, Egbert Haywood, David Sumner, Samuel Weldon, and Thomas Haynes; " It being represented to the committee that Mr. Andrew Miller, merchant in Halifax town, refused to sign the Asso ciation, '"Ordered, That Mr. Egbert Haywood and Mr. Thomas Haynes wait on him, and desire his attendance before this committee, "Upon which he attended accordingly, refused to sign, and gave the following reasons, to wit : " ' For that I am largely indebted, and have effects in my hands belonging, to persons residing in Great Britain ; which debts and effects I cannot remit for by next September, after which. I should be bound by this Association not to export any merchandise or commodity whatever to that country, without certain laws are repealed which I think would be unjust, as it may be out of the power of my creditors or friends to procure the repeal of any law, however willing THE BIRTH OF THE REPUBLIC. they may be to exert their interest for that purpose ; and as I think it unjust to withhold from any person (even in a country at war with this) the property which might belong to him in my hands, I must therefore object to signing that part of the Association respecting a non-exportation to Brit ain, and shall continue to do so while I have any property in my hands belonging to people of that country.' "Since, therefore, there is nothing peculiar or satisfactory in his reasons, but that, on the contrary, they indicate an intention to export (if he can) after the first day of Septem ber next, "Resolved unanimously, to show our disapprobation of his conduct, and to encourage such merchants as have signed the Association, That we will not, from this day, pur chase any goods, wares, or merchandise of any kind what ever from said Andrew Miller, or any person acting for or in partnership with him; and that we will have no com merce or dealing with him, after paying our just debts and fulfilling the contracts already entered into for commodities of this year's produce; and we also recommend it to the people of this county in particular, and to all who wish well to their country, to adopt the same measure.' "Signed by order of the same Committee, "A. DAVIS, Clerk." Governor Martin. In 1775, Governor Martin was charged with having given encouragement to the slaves to revolt. June 24th, he ad dressed a letter from Fort Johnston to Lewis H. de Rossett, Esq., a member of the Council, in which he emphatically denies the charge, but adds " that nothing could ever justify the design, falsely imputed to me, of giving encouragement to the negroes, ' but the actual and declared rebellion of the King's subjects, and the failure of all other means to main tain the King's government.' " This answer was only a mitigation of the charge, and brought forth the indignant denunciation of the Newbern Committee, which is signed by Richard Cogdell, Esq., a distinguished Whig of that town. Martin, at the time of writing this letter, was a refugee from the real or appre hended vengeance of the people of the Colony. " NEWBERN (N. C.), August 5, 1775. " By a gentleman just come to town from Cape Fear, we have a certain account that the armed force which lately went down to burn Fort Johnston have effected the same by destroying all the houses and rendering the fortress en tirely useless. Captain Collet, who commanded that fort, it is said, had a number of slaves, which he had instigated to revolt from their masters, actually concealed in the fort, 29G THE BIRTH OF THE REPUBLIC. which were again recovered by their several owners. For this treachery they burnt his dwelling-house, with all his furniture and everything valuable he had not time to get on board the man-of-war." Northampton Co. (N. C.) Committee. At a meeting of the committee of the county aforesaid, the 5th day of August, 1775, the Eev. Mr. Charles Edward Taylor : chairman: "This committee, taking into their consideration the clan destine manner of Anthony Warwick's conveying powder from Virginia to Hillsborough, and also examining witnesses and papers relative thereto, do, "Resolve, That the said Anthony Warwick has violated the association in a flagrant manner, and showed himself in the highest degree an enemy to the rights and liberties of America ; and the committee do consider him as an object to be held in the utmost detestation by all lovers of Ameri can freedom. " Ordered, That the clerk of this committee do transmit a copy of the above resolve to Dixon and Hunter, to be pub lished in their Gazette. " EATON HAYNES, Clerk to Committee." Anson County (N. C.). The Tories of Anson County, 227 in number, addressed a letter of some length to the royal Governor, Martin, in which they express their "disapprobation and abhorrence of the many lawless combinations and unwarrantable prac tices actually carrying on by a gross tribe of infatuated anti-monarchists in the several Colonies of these domin ions," etc. The names are not attached to the printed copy in the American Archives. The Tories of Guilford county addressed a letter of similar import to Governor Martin, said to have been signed by 116 inhabitants of the county. They say, "and we, being a poor and unhappy people, lying under the reflection of the late insurrection, we therefore have taken this opportunity to show forth our loyalty," etc. In other words, they were the Regulators, who had been subdued by the aid of the lead ing Whigs a few years prior to the date of the letter. One hundred and ninety-five of the inhabitants of Rowan and Surry counties sent up a similar letter, protesting their loyalty to the Crown, and their abhorrence of the measures of resistance to British tyranny. They were doubtless all of the class of Regulators. Tim BIRTH Of THE REPUBLIC. 297 Convention at Newbern. " April 6, 1775. "Mr. Thomas Macknight, a Delegate of the county of Currituck, having been called upon to sign (with the other members of the convention) the Association approved of by the Continental Congress, thereupon refused, and withdrew himself. "Resolved, That it is the opinion of this convention that, from the disingenuous and equivocal behaviour of the said Thomas Macknight, it is manifest his intentions are inimical to the cause of American liberty ; and we do hold him up as a proper object of contempt to this continent, and recom mend that every person break off all connection and have no more future commercial intercourse or dealings with him. "Resolved, That the above resolve be published in the gazettes of this and the neighboring Colonies. " A true copy from the minutes. "Attested by ANDREW KNOX, Clerk." The colleagues of Mr. Macknight, from Currituck, and also the representatives from Pasquotank, protested against the injustice which they said was done that gentleman; but their protest was not allowed to go on the journal, and the consequence was that they withdrew from the meeting, although pledging their adherence to the continental agree ment. " NEWBERN, April 12, 1775. " The Governor and Council order that the name of John Harvey, Esq., be stricken from Commission of the Peace of Perquimans Co. , in consequence of his having presided as moderator of the Convention at Newbern. " Circular-letter from the Wilmington Committee to the freeholders of the several counties of the Province of North Carolina : " GENTLEMEN : At this conjuncture of British politics, when the liberty and property of North American subjects are at stake ; when the schemes of a designing Minister are so far matured to action that the port of Boston is shut up, that the Charter of Massachusetts Bay is cruelly infringed, and its government converted into one nearly military, to be silent would be insidious. " To avoid such an imputation to this part of the Province, we, the subscribers, appointed a Committee of Correspond ence for the town and district of Wilmington, at a most respectable meeting of the freeholders of this district, by their express command, take this earliest opportunity of acquainting you with their resolutions, a copy of which we now enclose you; and request that you would send the THE BIRTH OF THE REPUBLIC. members already by you elected to represent you in the General Assembly, or such other persons whom you shall approve of, to appear as your deputies at the Court-house of Johnston county, on the 20th day of August next, possessed of the sentiments of those in whose behalf they attend, and with full power to express it as obligatory on the future con duct of the inhabitants of this Province, and then and there to consult and determine what may be necessary to the general welfare of America and of this Province. " We at the same time take the liberty to inform you that there has been set on foot a subscription for the relief of the poor artizans and laborers of the town of Boston, precluded \)j one of the before-mentioned measures of the British Minister from following their respective occupations ; and we have reason to congratulate ourselves upon the generous contribution of the inhabitants which has put it in our power to load a vessel with provisions which will sail this week for the port of Salem. * ' We rely upon your sending an immediate answer to these our proposals, and, wishing you success in all your efforts for the support of the Constitutional liberties of America, permit us to subscribe ourselves," etc. Extract of a letter from a gentleman in Wilmington, N. C., to his friend in Boston, dated August 2, 1774: " As to public matters, I shall likewise please you when I inform you that a patriotic spirit possesses every bosom, which all ranks of persons seem emulous to express by ac tions as well as words. Even those few from whom another conduct was expected, have surprised the world by a zeal for the service of their suffering brethren in Boston, and a liberality in contributing to their relief, which till this occa sion gave them an opportunity of displaying, scarce anybody supposed them capable of. A subscription having been set on foot for the support of the Bostonians (suffering nobly in the common cause of America), a very few days, from a few individuals, produced as much as loaded the vessel by which this letter comes ; and by this time, I have no doubt, enough is collected to load another. Nor is this all ; for there is apparent in almost every individual a proper sense of the injury done to the Colonies, in the tendency of those oppres sive acts of Parliament, and a determined spirit of opposition and resentment worthy of a humane bosom in the great cause of liberty. "A numerous and respectable meeting of the six counties in the district of Wilmington has been had, and they have, without one dissenting voice, resolved upon pursuing every legal and rightful measure to aid and assist their sister- Colony of the Massachusetts Bay to the utmost of their power ; and have sent expresses to every county in the Prov ince, strictly recommending a subscription in each of them THE BIRTII OF THE REPUBLIC. 299 for the same purpose. A general meeting of all the members of the Assembly is to be held in a few days at Johnston Court-house, to elect Delegates to attend the general Con gress at Philadelphia the first Monday in September. " Extract of a letter received at Boston from Wilmington, N. C., dated August 3, 1774: " No sooner was a subscription put about for the relief of our suffering brethren in Boston than in a few days, I am told, two thousand pounds in currency was raised ; and it is expected something very considerable will be contributed at Newbern and Edenton for the same noble purpose, as sub scriptions are set on foot in every county in the Province. 44 You will receive this by Mr. Parker Quince, who gener ously made an offer of his vessel to carry a load of provisions to Boston, freight free; and what redounds to the honor of the tars, the master and mariners navigate her without re ceiving one farthing wages. It is supposed Lord North will hang himself with his rope of sand." Privy Council at Newbern. " At a Privy Council held at Newbern the 12th of August, 1774, present: His Excellency the Governor, the honorable James Hasell, Lewis H. de Rossett, John Sampson, William Dry, and Samuel Cornell, Esqrs., his Excellency the Gov ernor addressed the honorable members of this board as fol lows: u ' GENTLEMEN OP His MAJESTY'S COUNCIL: "I have heard with the greatest concern, and I have read in public news papers and handbills, of invitations to the people in the several counties and towns of this Province to meet together to express their sentiments on acts lately passed by the Parliament of Great Britain, and to appoint deputies to at tend on their behalf (with powers obligatory of the future conduct of the inhabitants of this Province), at a meeting that I understand is to be held here on the 25th instant. 11 ' I also find that meetings of the freeholders and inhabi tants have been accordingly already held in some places, at which resolves have been entered into derogatory to the dignity of his Majesty and his Parliament, and tending to excite clamour and discontent among the King's subjects in this Province. "'Under these circumstances, gentlemen, I consider it my indispensable duty to his Majesty and this country to advise with you the measures most proper to be taken to discourage or prevent these assemblies or the people, which are so inconsistent with the peace and good order of this government ; whose professed purposes will appear at least highly indecent and have an evident tendency to draw his Majesty's displeasure on this Province, already laboring 300 THE BIRTH OF TUB REPUBLIC. under the most grievous and disgraceful circumstances for want of a just and effectual civil polity.' "The Council desired to take time maturely to consider the subject of the above address till to-morrow morning. The Governor finding that during the absence of Mr. How ard, the circumstances of things rendered the temporary appointment of a Chief Justice necessary, recommended the Honourable Mr. Hasell for such appointment, who was unanimously approved." u At a Privy Council held at Newbern, 13th August, 1774, present : His Excellency the Governor, the honorable James Hasell, Lewis H. de Kossett, John Sampson, William Dry, and Samuel Cornell, Esqrs., " The members of the Council having- maturely considered the matters laid before them yesterday by the Governor, unanimously concurred in advice to his Excellency, to issue a proclamation forthwith, to discourage and prevent the meetings and assemblies of the people of this Province men tioned in the Governor's address of yesterday, and that they do not discern that any other measures can be properly taken on the occasion at present." "NORTH CAROLINA, ss..- "By his Excellency Josidh Martin, Esquire, Captain, General, Governor, and Commander-in-chief in and over the said Province : " A PROCLAMATION. " Whereas, It appears to me that meetings and assemblies of the inhabitants of this Province have been in some of the counties and towns thereof already held, and are in others appointed to be held, without any legal authority, and that resolves have been entered into and plans concerted (in such meetings as are passed) derogatory to his Majesty and the Parliament of Great Britain ; and that, there is reason to apprehend, the same inflammatory, disloyal, and indecent measures may be adopted in such future assemblies, incon sistent with the peace and good order of this government, and tending to excite clamour and discontent among his Majesty's subjects in this Province: I have thought fit, with the advice and consent of his Majesty's Council, to issue this proclamation, to discourage as much as possible pro ceedings so illegal and unwarrantable in their nature, and in their effect so obviously injurious to the welfare of this country. "And to this end I do hereby strictly require and enjoin on their allegiance, all and every his Majesty's subjects, to forbear to attend at any such illegal meetings, and that they do discharge and prevent the same by all and every means in their power, and, more particularly, that they do forbear to attend and prevent, as far as in them Lies, the meeting of THE BIRTH OF THE REPUBLIC. 301 certain deputies said to be appointed to be held at Newbern on the 25th instant. And I do more especially charge, re quire, and command all and every his Majesty's justices of the peace, sheriffs, and other officers to be aiding and as sisting herein to the utmost of their power. Given under my hand and the great seal of the said Province, at Newbern, the 13th day of August, 1774, and in the fourteenth of his Majesty's reign. " God save the King. Jo. MARTIN." "At a Council held at Newbern the 25th August, 1774, Present: His Excellency the Governor, the Honorable James Hasell, John Rutherford, Lewis H. de Rossett, John- Sampson, William Dry, and Samuel Cornell, Esquires, "The Governor signified to the board that this was the day appointed for the meeting, of certain persons called deputies, from the several counties and towns of the Prov ince, at this place, and many of them were accordingly come to town; and desired the advice of the Council whether he could take any further measures than those he had taken pursuant to their advice on the 13th instant, when they were unanimously of opinion that no other steps could be properly taken at this conjuncture." North Carolina Convention. The Journal of the Proceedings of the first Provincial Con vention of North Carolina, held at Newbern on the 24th day of August, A.D. 1774: "NORTH CAROLINA, ss.: "At a general meeting of deputies of the inhabitants of this Province at Newbern, the 25th day of August, in the year of our Lord one thousand seven hundred and seventy- four: " Appeared for, " Anson Co., Mr. Samuel Spencer, Wm.Thomas; Beaufort Co., Roger Ormond, Thos. Respass, Jr.; Bladen Co., Wm. Salter, Walter Gibson; Bute Co., W m - Person, Green Hill; Brunswick Co., Robert Howe ; Bertie Co., John Campbell; Craven Qo., James Coor, Lemuel Hatch, Joseph Leech, Rich ard Cogdell ; Carteret Co. , William Thompson ; Currituck Co. , Sol. Perkins, Nathan Rayner, Samuel Jarvis ; Chowan Co., Sam'l Johnston, Thos. Oldham, Thos, Benbury, Thos. Jones, Thos. Hunter; Cumberland Co., Farquard Campbell, Thos. Rutherford; Dobbs Co., Richard Caswell, Wm. McKinnie, George Miller, Simon Bright; Duplin Co., Thos. Gray, Thos. Hicks, Jas. Kenan William Dickson; Granville Co., Thos. Person, Memucan Hunt; Hyde Co., Rothias Latham, Sam'l Smith; HJifaxCo., Nicholas Long, Willie Jones; Johnston Co., Needham Bryan, Benj. Williams; Mecklenburgh Co., Benj. Patton; Martin Co., Edmund Smythwick; New Han- 302 THE BIRTU OF THE REPUBLIC. over Co., John Aslie, Win. Hooper; Northampton Co., Allen Jones; Orange Co., Thomas Hart; Onslow Co., Wm. Gray; Perquimans Co., Jno. Harvey, Benj. Harvey, Andrew Knox, Thos. Harvey, Jno. Whedbee, Jr. ; Pasquotank Co. , Joseph Jones, Ed. Everigin, Joseph Reading; Pitt Co., Jno. Simp son, Edward Salter; Rowan Co., Wm. Kennon, Moses Win- slow, Sam'l Young; Try on Co.. David Jenkins, Robt. Alex ander; Tyrrell Co., Joseph Spruill, Jere'm Fraser; Newbern- town, Abner Nash, Isaac Edwards; Edentontown, Joseph Hewes; Wilmingtontown, Francis Clayton; for the town of Bath, Wm. Brown ; for the town of Halifax, Jno. Geddy. "The deputies then proceeded to make choice of a mod erator, when Colonel John Harvey was unanimously chosen, and Mr. Andrew Knox appointed clerk. The meeting then adjourned till eight o'clock to-morrow morning. " Friday, August 26, 1774. " The meeting met according to adjournment: "Mr. Hewes, one of the members of the Committee of Correspondence, presented several letters from the Commit tees of Correspondence of the other Colonies in America, and the several answers thereto, which, on motion, were ordered to be read. And after the most mature deliberation had thereon, " 'Resolved, That three Delegates be appointed to attend the general Congress to be held at Philadelphia some time in September next.' "The meeting adjourned till eight o'clock to-morrow morning. " Saturday, August 27, 1774. "The meeting met according to adjournment, and came to the following resolutions, to wit: " ' We, his Majesty's most dutiful and loyal subjects, the deputies from the several counties and towns of the Province of North Carolina, impressed with the most sacred respect for the British Constitution, and resolved to maintain the succession of the House of Hanover, as of law established, and avowing our inviolable and unshaken fidelity to our sovereign, and entertaining a sincere regard for our fellow- subjects in Great Britain, viewing with the utmost abhor rence every attempt which may tend to disturb the peace and good order of this Colony, or to shake the fidelity of his Majesty's subjects resident here; but at the same time con ceiving it a duty which we owe to ourselves and posterity, in the present alarming state of British America, when our most essential rights are invaded by powers unwarrantably assumed by the Parliament of Great Britain, to declare our sentiments in the most public manner, lest silence should be construed as acquiescence, and that we patiently submit to the burthen which they have thought fit to impose upon us : " * Resolved, That his Majesty George the Third is lawful THE BIRTH OF THE REPUBLIC. 303 and rightful King of Great Britain, and the dominions there unto belonging, and of this Province as part thereof, and that we do bear faithful and true allegiance unto him as our lawful sovereign ; that we will to the utmost of our power maintain and defend the succession of the House of Hanover, as by law established, against the open or private attempts of any person or persons whatsoever. " 'Resolved, That we claim no more than the rights of Englishmen, without diminution or abridgment; that it is our indispensable duty, and will be our constant endeavor, to maintain those rights to the utmost of our power consist ently with the lovality we owe our sovereign, and a sacred regard for the British Constitution. " 'Resolved, It is of the very essence of the British Con stitution that no subject should be taxed but by his own consent, freely given by himself in person, or by his legal representatives ; and that any other than such a taxation is highly derogatory to the rights of a subject and a gross vio lation of the grand Charter of pur liberties. " * Eesolved, That as the British subjects resident in North America have not, nor can have, any representation in the Parliament of Great Britain, therefore any act of Parlia ment imposing a tax upon them is illegal and unconstitu tional; and that our Provincial Assemblies, the King, by his Governors, constituting one branch thereof, solely and ex clusively possess that right. " 'Resolved, That the duties imposed by several acts of the British Parliament upon tea and other articles consumed in America, for the purpose of raising a revenue, are highly illegal and oppressive ; and that the late exportation of tea by the East India Company to different parts of America was intended to give effect to one of the said acts and there by establish a precedent highly dishonourable to America, and to obtain an implied assent to the powers, which Great Britain had unwarrantably assumed, of levying a tax upon us without our consent. "'Resolved, That the inhabitants of the Massachusetts Province have distinguished themselves in a manly support of the rights of America in general; and that the cause in which they now suffer is the cause of every honest American who deserves the blessings which the Constitution holds forth to them ; that the grievances under which the town of Boston labors at present are the effect of a resentment levelled at them for having stood foremost in the opposition to measures which must eventually have involved all British America in a state of abject dependence and servitude. "Resolved, The act of Parliament commonly called the Boston Port Act, as it tends to shut up the port of Boston, and thereby effectually destroy its trade and deprive the merchants and manufacturers of a subsistence which they 304 THE BIRTH OF THE REPUBLIC. have hitherto procured hy an honest industry; as it takes away the wharfs, quays, and other property of many citi zens by rendering it useless to them ; and as the duration of this act depends upon circumstances founded merely in opinion, and in that nature indeterminate, and thereby may make the miseries it carries with it even perpetual, there fore, that it is the most cruel infringement of the rights and privileges of the people of Boston, both as men and members of the British Government. "Resolved, That the late act of Parliament for regulating the police of that Province is an infringement of the Charter right granted them by their Majesties King William and Queen Mary, and tends to lessen that sacred confidence which ought to be placed in the acts of kings. "Resolved, That trial by juries of the vicinity is the only lawful inquest that can pass upon the life of a British sub ject; and that it is a right handed down to us from the earliest ages, confirmed and sanctified by Magna Charta itself, that no freemen shall be taken and imprisoned or dis possessed of his free tenement and liberties, or outlawed or banished, or in any wise hurt or injured, unless by the legal judgment of his peers, or by the law of the land; and there fore all who suffer otherwise are not victims to public justice, but fall a sacrifice to the powers of tyranny and high-handed oppression. " Resolved, That the bill for altering the administration of justice in certain criminal cases within the Province of Massachusetts Bay, as it empowers the Governors thereof to send to Great Britain for trial all persons who, in aid of his Majesty's officers, shall commit any capital offence, is fraught with the highest injustice and partiality, and will tend to produce frequent bloodshed of the inhabitants, as this act furnishes an opportunity to commit the most atrocious crimes, with the greatest probability of impunity. "Resolved, That we will not directly or indirectly, after the first day of January, 1775, import from Great Britain any East India goods or any merchandise whatever, medi cines excepted; nor will we after that day import from the West Indies or elsewhere any East India or British goods or manufactures, nor will we purchase any such articles so imported of any person or persons whatsoever, except such as are now in the country or may arrive on or before the first day of January, 1775. " Resolved, That unless American grievances are redressed before the first day of October, 1775, we will not after that day directly or indirectly export tobacco, pitch, tar, turpen tine, or any other article whatever to Great Britain ; nor will we sell any such articles as we think can be exported to Great Britain with a prospect of gain to any person or per sons whatsoever, with a design of putting i't in his or their THE BIRTH OF THE REPUBLIC. 305 power to export the same to Great Britain, either on our own, his, or their account. " Eesolved, That we will not import any slave or slaves, or purchase any slave or slaves imported or brought into this Province by others, from any part of the world after the first day of November next. " Eesolved, That we will not use nor suffer East India tea to be used in our families after the tenth day of September next ; and that we will consider all persons in this Province, not complying with this resolve, to be enemies to their country. "Resolved, That the venders of merchandise within this Province ought not to take advantage of the resolves relat ing to non-importation in this Province or elsewhere ; but ought to sell their goods and merchandise which they have, or may hereafter import, at the same rates they have been accustomed to sell them within three months last past. " Resolved, That the people of this Province will break off all trade, commerce, and dealing, and will not maintain any the least trade, dealing, or commercial intercourse, with any Colony on this continent, or with any city or town, or with any individual in such Colony, city, or town, which shall refuse, decline, or neglect to adopt and carry into execution such general plan as shall be agreed to in the Continental Congress. "Resolved, That we approve of the proposal of a general Congress to be held in the city of Philadelphia on the 20th of September next, then and there to deliberate upon the present state of British America, and to take such measures as they may deem prudent to effect the purpose of describ ing with certainty the rights of Americans, repairing the breaches made in those rights, and for guarding them for the future from any such violations done under the same sanction of public authority. "Resolved, That William Hooper, Joseph Hewes, and Richard Caswell, Esquires, and every of them, be deputies to attend such Congress ; and they are hereby invested with such powers as may make any act done by them or consent given in behalf of this Province, obligatory in honour upon every inhabitant thereof who is not alien to his country's good, and an apostate to the liberties of America. "Resolved, That they view the attempts made by the Ministry upon the town of Boston as a prelude to a general attack upon the rights of the other Colonies ; and that upon the success of this depends, in a great measure, the happiness of America in its present race, and in posterity ; and that therefore it becomes our duty to contribute, in proportion to our abilities, to ease the burthen imposed upon that town for their virtuous opposition to the revenue acts, that they may be enabled to persist in a prudent and manly opposition 306 TEE BIRTH OF TEE REPUBLIC. to the schemes of Parliament, and render its dangerous designs abortive. "Resolved, That liberty is the spirit of the British Con stitution, and that it is the duty, and will be the endeavor, of us as British Americans, to transmit this happy Constitu tion to our posterity in a state, if possible, better than we found it ; and that to suffer it to undergo a change which may impair that invaluable blessing would be to disgrace those ancestors who, at the expense of their blood, purchased those privileges which their degenerate posterity are too weak or too wicked to maintain inviolate. "Resolved, That at every future Provincial meeting, when any division "shall happen, the method to be observed shall be to vote by the counties and towns (having a right to send members to Assembly) that shall be represented at every such meeting; and it is recommended to the deputies of the several counties that a committee of five persons be chosen for each county, by such persons as accede to this associa tion, to take effectual care that these resolves be properly observed, and to correspond occasionally with the Provin cial Committee of Correspondence of this Province. "Resolved, That each and every county in this Province raise as speedily as possible the sum of twenty pounds Proclamation money, and pay the same into the hands of Richard Caswell, Esq., to be by him equally divided among the deputies appointed to attend the general Congress at Philadelphia, as a recompense for their trouble and expense in attending the said Congress. "Resolved, That the moderator of this meeting, and, in case of his death, Samuel Johnston, Esq., be empowered, on any future occasion that may in his opinion require it, to convene the several deputies of this Province, which now or hereafter shall be chosen, at such time and place as he shall think proper; and, in case of the death or absence of any deputy, it is recommended that another be chosen in his stead. "Resolved, That the following be instructions for the deputies appointed to meet in general Congress on the part of this Colony, to wit : "That they express our sincere attachment to our most gracious sovereign, King George the Third, and pur deter mined resolution to support his lawful authority in the Province ; at the same time, that we cannot depart from a steady adherence to the first law of nature a firm and reso lute defence of our persons and properties against all un constitutional encroachments whatsoever. "That they assert our right to all the privileges of British subjects, particularly that of paying no taxes or duties but with our own consent ; and that the legislature of this Prov- THE BIRTH OF THE EEPUBLIC. 307 ince have the exclusive power of making laws to regulate our internal polity, subject to his Majesty's disallowance. " That, should the British Parliament continue to exercise the power of levying taxes and duties on the Colonies, and making laws to bind them in all cases whatsover, such laws must be highly unconstitutional and oppressive to the in habitants of British America, who have not, and from their local circumstances cannot, have a fair and equal represen tation in the British Parliament ; and that these disadvan tages must be greatly enhanced by the misrepresentation of designing men, inimical to the Colonies, the influence of whose reports cannot be guarded against by reason of the distance of America from them, or, as has been unhappily experienced in the case of the town of Boston, when the ears of the administration have been shut against every attempt to vindicate a people who claimed only the right of being heard in their own defence. " That, therefore, until we obtain an explicit declaration and acknowledgment of our rights, we agree to stop all im ports from Great Britain after the first day of January, 1775 ; and that we will not export any of our commodities to Great Britain after the first day of October, 1775. *' That they concur with the deputies or Delegates from the other Colonies in such regulations, addresses, or remon strances as may be deemed most probable to restore a last ing harmony and good understanding with Great Britain a circumstance we most sincerely and ardently desire; and that they agree with the majority of them in all necessary measures for promoting a redress of such grievances as may come under their consideration. " 4 Eesolved, That the thanks of this meeting be given to the Honorable John Harvey, Esq., moderator, for his faith ful exercises of that office and the services he has thereby rendered to this Province and the friends of America in gen eral.' JOHN HARVEY, Moderator" Association Signed by Ladies of Edenton, N. C. "October 25, 1774. " As we cannot be indifferent on any occasion to that which appears to affect the peace and happiness of our country; and as it has been thought necessary, for the public good, to en ter into several particular resolves by a meeting of numbers of deputies from the whole Province it is a duty that we owe, not only to our near and dear relations and connec tions, but to ourselves, who are essentially interested in their welfare, to do everything as far as lies in our power, to testify our sincere adherence .to the same : and we do therefore accordingly subscribe this paper as a witness of our fixed intention and solemn determination to do so," Signed by fifty-one laclies, 308 THE BIRTH OF THE REPUBLIC. On the advice of the Council, Governor Martin issued the following proclamation: "Whereas, I have received information that, in conse quence of an advertisement, signed John Harvey, modera tor, some time since published and dispersed through this Province, sundry persons have been elected by a small num ber of freeholders in the several counties, to meet in conven tion in the town of Newbern on this day for the choice of deputies to represent this Colony in a Congress intended to be held at the city of Philadelphia, in the month of May next ; and whereas, The meeting of such convention, and the de clared purpose thereof, will be highly offensive to the King and dishonorable to the general Assembly of this Prov ince, which is appointed to sit at this time for the dispatch of public business: I have thereof thought fit, with the advice of his Majesty's Council, to issue this proclamation hereby in the King's name, to forbid the holding of the said convention. And I do exhort all his Majesty's subjects, on their allegiance, and on pain of incurring his Majesty's high displeasure, to withdraw themselves from the same, and to desist from all such illegal, unwarrantable, and dangerous proceedings. "Given, etc., the 3d day of April, 1775. " God save the King. Jo. MARTIN." The convention met nevertheless, and was composed mainly of the members of the Assembly, which was to meet two days later at the same place. The following resolution of the Assembly led to its instant prorogation : "Resolved, That the House do highly approve of the pro ceedings of the Continental Congress, lately held at Phila delphia; and that they are determined, as members of the community in general, that they will strictly adhere to the said resolutions, and will use what influence they have to induce the same observance in every individual of this Colony. "This House, having received information that William Hooper, Joseph Hewes, and Eichard Caswell, Esquires, were appointed, by the convention held at Newbern, as Del egates to attend the meeting of the Continental Congress soon to be held at Philadelphia, " Resolved, That the House approve of the choice made by the said convention. "Resolved, That the thanks of the House be given to William Hooper, Joseph Hewes, and Richard Caswell, Es quires, for the faithful and judicious discharge of the im portant trust reposed in them as Delegates for this Colony at the late Continental Congress." " At a Council held at the Council Chamber, the 7th of April, 1775, in the evening, present: His Excellency the THE BIRTH OF THE REPVBLIC. 309 Governor, the Honorable James Hasell, John Eutherford, Lewis H. de Rossett, Alexander McCulloch, Samuel Strud- wick, Martin Howard, Samuel Cornell, and Thomas Mc- Guire, Esquires; "His Excellency laid before the board the Journals of the House of Assembly, in which was contained, amongst other unwarrantable proceedings, the following resolve: " * Resolved, That the House do highly approve of the pro ceedings of the Continental Congress, lately held at Philadel phia, and that they are determined, as members of the com munity in general, that they will strictly adhere to the said resolutions, and will use what influence they have to induce the same observance in every individual in this Colony.' "Upon consideration hereof, this board gave it as their opinion that the longer existence of such a House of Assem bly is incompatible with the honor of the Crown and the safety of the people, and therefore unanimously advised his Excellency to dissolve them, which was done by the follow ing proclamation : "' NORTH CAROLINA. }-ss.: " ' By his Excellency Josiah Martin, Esquire, etc. "'A PROCLAMATION. '"Whereas, Several resolves appear on the Journals of the House of Assembly, now sitting, tending to alienate the af fections of his Majesty's subjects and subvert the Constitu tion; and whereas, The longer existence of such an Assembly is incompatible with the safety of the people : I have there fore thought fit, by and with the advice and consent of his Majesty's Council, to dissolve the said Assembly; and it is accordingly dissolved. " 'Given under my hand, etc., at Newbern, etc., this 8th day of April, 1775, etc. " ' God save the King. Jo. MARTIN.'" The following proceedings took place in the convention: " Wednesday, April 5. 1775. " The convention met according to adjournment. " Mr. Jonathan Hearring, one of the Delegates for Pasquo- tank county, and Mr. David Stanley, one of the Delegates for Bertie county, appeared and took their seats in convention. The Association entered into by the general Congress at Philadelphia on the 20th day of October, in the year of our Lord 1774, and signed by the members thereof, was pre sented to this convention by Colonel Richard Caswell, and, on motion, was ordered to be read, and was accordingly read. "Resolved, That this Convention do highly approve of the said Association, and do for themselves firmly agree to adhere to the said Association, and recommend it to their 310 THE BIRTH Off THE REPUBLIC. constituents that they likewise adhere firmly to the same. In full approbation and testimony whereof, the members of this Convention subscribe their names. JAMES HARVEY." "Friday, April 7, 1775. "The Convention met according to adjournment. " 'Resolved, That the moderator of this Convention, and, in case of his death, Mr. Samuel Johnson, be empowered, on any future occasion that may in his opinion require it, to direct Delegates to be chosen for the respective counties and towns in this Province to meet in convention in the town of Hillsborough, at such time as he shall think proper to appoint ; and in case that the members of the majority of the counties and towns do not appear at the day appointed, that he be empowered to adjourn the Convention de die in diem until a sufficient number shall appear. " ' Resolved, That the clerk furnish Mr. James Davis with a copy of the proceedings of this Convention, and that Mr. Davis print the same. "'Resolved, That this Convention do most heartily ap prove of the conduct and proceedings of the late Continental Congress, and will endeavor to carry into execution the measures by them recommended ; and that the most earnest wishes and desires of this Convention are to see harmony restored between Great Britain and her Colonies on honor able and Constitutional principles, which alone can give the same a lasting foundation; that we will exert our utmost endeavors towards completing this important purpose, and are of opinion that the late commercial regulations are the most eligible means for attaining that desirable end. '"And whereas, The freedom, happiness, and prosperity of every state greatly depends on providing within itself ar ticles necessary for subsistence, clothing, and defence of its inhabitants, ' - Resolved, That from common prudence and regard for this Colony, we will encourage arts, manufactures, agri culture, and every kind of economy, and use our influence for the same purpose with our constituents and all connected with us ; and we recommend to the committees of the sev eral counties to propose premiums to the inhabitants whose industry may be a proper subject for their bounty, in such manner as to them shall seem meet. "'Resolved, That his Majesty's subjects have an un doubted right at any time to meet and petition the Throne for a redress of grievances, and that such right includes a further right of appointing Delegates for such purpose ; and therefore that the Governor's proclamation issued to for bid this meeting, and his proclamation afterwards com manding this meeting to disperse, are illegal and an in- THE BIRTH OF THE REPUBLIC. 311 fringement of our just rights, and therefore ought to be dis regarded as wanton and arbitrary exertions of power.'" Mecklenburg County. Mecklenburg county, North Carolina, is entitled to the imperishable honor of haying, in May, 1775, taken a step in advance of all the Colonists, in setting up a government entirely independent of the British Crown and Parliament. The following resolves of the Committee of Safety of that county, while they constitute the charter of a new local government, at the same time enunciate principles which approximate independence more nearly than any similar manifestation that preceded them. It is proper to remark that these resolves are in no way involved in the contro versy which has existed for seventy years, in regard to the genuineness of the Mecklenburg Declaration of May 20, 1775 ; for the resolves of May 31st are still extant in several newspapers printed in 1775, north and south, and may be seen thus preserved in the Congress and other public li braries. The " Declaration" of May 20th, is also given below, as it was first published in the Ealeigh Register, of April 30, 1819 : " (From the State Paper Office, London, Geo. Vol. 218.) " (G. Bancroft's Collection, 1775, page 107.) " Gov. Wright to Secretary of State. " SAVANNAH, GEORGIA, 20th June, 1775. " (In his own handwriting.) "By the enclosed paper your Lordship will see the extra ordinary resolves by the people in Charlotte town, in Meck lenburg county ; and I should not be surprised if the same were done everywhere else. 4 * I have the honor to be, with perfect esteem, " My Lord, your Lordship's most "Obliged and obedient servant, "JAS. WRIGHT. "To the EARL OF DARTMOUTH." Extract from the South Carolina Gazette and County Journal of June, 1775, No. 498, printed at Charlestown, by Charles Crouch on the Bay, corner of Elliott Street. [The first four and the 16th of these resolves were found by Mr. Peter Force in the New York Journal of July 1775, and the whole series were found, as above stated, by Mr. Bancroft, in the State Paper Office, in London] " CHARLOTTETOWN, Mecklenburg County, ) May 31, 1775. \ "This day the Committee met and passed the following resolves : "'Whereas, By an address presented to his Majesty by 313 THE J3IRTI1 OF THE REPUBLIC. both Houses of Parliament in February last, the American Colonies are declared to be in a state of actual rebellion, we conceive that all laws and commissions confirmed by or de rived from the authority of the King and Parliament are annulled and vacated, and the former civil Constitution of these Colonies for the present wholly suspended. To pro vide in some degree for the exigencies of this county in the present alarming period, we deem it proper and necessary to pass the following resolves, viz. : *' '1. That all commissions, civil and military, heretofore granted by the Crown to be exercised in these Colonies, are null and void, and the Constitution of each particular county wholly suspended. " '2. That the Provincial Congress of each Province, under the direction of the great Continental Congress, is invested with all legislative and executive powers within their respective Provinces, and that no other legislative or executive power does or can exist at this time in any of these Colonies. " ' 3. As all former laws are now suspended in this Prov ince, and the Congress has not yet provided others, we judge it necessary, for the better preservation of good order, to form certain rules and regulations for the internal gov ernment of this county until laws shall be provided for us by the Congress. " 1 4. That the inhabitants of this county do meet on a certain day appointed by the committee, and, having formed themselves into nine companies (to wit, eight for the county and one for the town), do choose a colonel and other military officers who shall hold and exercise their several powers, by virtue of the choice, and independent of the Crown of Great Britain and former Constitution of this Province. " * 5. That for the better preservation of the peace and administration of justice each, of those companies do choose from their own body two discreet freeholders, who shall be empowered, each by himself and singly, to decide and deter mine all matters of controversy, arising within said com pany, under the sum of twenty shillings, and jointly and together all controversies under the sum of forty shillings; yet so as their decisions may admit of appeal to the Conven tion of Select-men of the County, and also that any one of these men shall have power to examine and commit to con finement persons accused of petit larceny.' " * 6. That those two select-men thus chosen do jointly and together choose from the body of their particular com pany two persons to act as constables, who may assist them in the execution of their office. " '7. That upon the complaint of any persons to either of these select-men, he do issue his warrant directed to the con- THE BIRTH OF THE REPUBLIC. 813 stable, commanding him to bring the aggressor before him to answer said complaint. "'8. That these eighteen select-men thus appointed do meet every third Thursday in January, April, July, and October, at the Court-house in Charlotte, to hear and deter mine all matters of controversy for sums exceeding forty shillings ; also appeals ; and in case of felony, to commit the persons convicted thereof to close confinement until the Provincial Congress shall provide and establish laws and modes of proceeding in all such cases. "'9. That these eighteen select-nien thus convened do choose a clerk to record the transactions of said convention and that said clerk, upon the application of any person or persons aggrieved, do issue his warrant, to any of the con stables of the company to which the offender belongs, di recting said constable to summon and warn said offender to appear before said convention at their next sitting, to answer the aforesaid complaint. " ' 10. That any person making complaint, upon oath to the clerk or any member of the convention, that he has reason to suspect that any person or persons, indebted to him in a sum above forty shillings, intend clandestinely to withdraw from the county without paying the debt, the clerk or such member shall issue his warrant to the constable, command ing him to take said person or persons into safe custody until the next sitting of the convention. " ' 11. That when a debtor for a sum above forty shillings shall abscond and leave the country, the warrant granted as aforesaid shall extend to any goods or chattels of said debtor as may be found ; and such goods or chattels be seized and held in custody by the constable for the space of thirty days ; in which time, if the debtor fail to return and discharge the debt, the constable shall return the warrant to one of the select-men of the company where the goods are found, who shall issue orders to the constable to sell such a part of said goods as shall amount to the sum due. That when the debt exceeds forty shillings, the return shall be made to the con vention, who shall issue orders for sale. " ' 12. That all receivers and collectors'of quit rents, public and county taxes, do pay the same into the hands of the chairman of this committee to be by them disbursed as the public exigencies may require ; and that such receivers and collectors proceed no further in their office until they be ap proved of by and have given to this committee good and sufficient security for a faithful return of such moneys when collected. '"13. That the committee be accountable to the county for the application of all moneys received from puch public of ficers. 314 THE BIRTH OF THE REPUBLIC. " * 14. That all these officers hold their commissions during the pleasure of their several constituents. ** '15. That this committee will sustain all damages to all or any of their officers thus appointed and thus acting on account of their obedience and conformity to these rules. " '16. That whatever person shall hereafter receive a com mission from the Crown, or attempt to exercise any such commission heretofore received, shall be deemed an enemy to his country; and upon confirmation being made to the captain of the company in which he resides, the said com pany shall cause him. to'foe apprehended and conveyed before two select-men, who, upon proof of the fact, shall commit said offender to safe custody until the next sitting of the com mittee, who shall deal with him as prudence may direct. " ' 17. That any person refusing to yield obedience to the above rules, shall be considered equally criminal, and liable to the same punishment as the offenders above last mentioned. " * 18. That these resolves be in full force and virtue until instructions from the Provincial Congress regulating the jurisprudence of the Province shall provide otherwise, or the legislative body of Great Britain resign its unjust and arbitrary pretensions with respect to America. *" 19. That the eight militia companies in this county "pro vide themselves with proper arms and accoutrements, and hold themselves in readiness to execute the commands and directions of the general Congress of this Province and this committee. "'20. That the committee appoint Col. Thomas Polk and Dr. Joseph Kennedy to purchase 300 pounds of powder, 600 pounds of lead, 1000 flints, for the use of the militia of this county, and deposit the same in such place as the committee hereafter may direct.' " Signed, by order of the committee, "Era. BREVARD, " Clerk of the Committee. Extract from the Proclamation of Governor Martin. Dated, August the 8th, 1774. " NORTH CAROLINA, ss.: "By his Excellency Josiah Martin, Esq., his Majesty's Captain, General, Governor, and Commander-in-chief in and over the said Province : " And whereas, I have also seen a most infamous publica tion in the Cape Fear Mercury, importing to be resolves of a set of people styling themselves a Committee for the County of Mecklenburg, most traitorously declaring the entire disso lution of the laws, government, and Constitution of this county, and setting up a system of rule and regulation re pugnant to the laws and subversive of his Majesty's gov- THE BIRTH OP THE REPUBLIC. 315 ernment; and another publication in the Cape Fear Mercury of the fourteenth of last month, addressed, ' To the Commit tees of the Several Towns and Counties of North Carolina, Appointed for the Purpose of Carrying into Execution the Re solves of the Continental Congress,' bearing date at Philadel phia, June 19th, 1775, and signed William Hooper, Joseph Hewes, and Richard Caswell, the preposterous enormity of which cannot be adequately described and abhorred." The Mecklenburg Declaration of Independence. The following is the "Mecklenburg Declaration of Inde pendence,' 1 the genuineness of which has given rise to much controversy. It was first published, April 30, 1819, as will be seen from the Raleigh Register of that date : u It is not probably known to many of our readers " says the Register, "that the citizens of Mecklenburg county, in this State, made a Declaration of Independence more than a year before Congress made theirs. The following document on the subject has lately come to the hands of the editor from unquestionable authority, and is published that it may go down to posterity : " 'NORTH CAROLINA, MECKLENBURG COUNTY, May 20, 1775. " ' In the spring of 1775, the leading characters of Mecklen burg county, stimulated by that enthusiastic patriotism which elevates the mind above considerations of individual aggrandizement, and scorning to shelter themselves from the impending storm by submission to lawless power, etc., etc., held several detached meetings, in each of which the individual sentiments were " that the cause of Boston was the cause of all ; that their destinies were indissolubly con nected with those of their eastern fellow-citizens; and that they must either submit to all the impositions which an unprincipled and, to them, an unrepresented Parliament might impose ; or support their brethren who were doomed to sustain the first shock of that power, which, if success ful there, would ultimately overwhelm all in the common calamity." Conformably to these principles, Colonel Adam Alexander, through solicitation, issued an order to each captain's company in the county of Mecklenburg, (then comprising the present county of Cabarrus), directing each militia company to elect two persons and delegate to them ample power to devise ways and means to aid and assist their suffering brethren in Boston, and also generally to adopt measures to extricate themselves from the impending storm, and to secure unimpaired, their inalienable rights, privileges, and liberties from the dominant grasp of British imposition and tyranny. " ' In conformity to said order, on the 19th of May, 1775, the said delegation met in Charlotte, vested with unlimited 316 TUE BIRTH OF THE REPUBLIC. powers ; at which time official news by express arrived of the battle of Lexington on that day of the preceding month. " 'Every Delegate felt the value and importance of the prize and the awful and solemn crisis which had arrived ; every bosom swelled with indignation at the malice, invet eracy, and insatiable revenge developed in the late attack at Lexington. The universal sentiment was: Let us not flatter ourselves that popular harangues or resolves, that popular vapor, will avert the storm or vanquish our common enemy; let us deliberate; let us calculate the issue, the probable result ; and then let us act with energy as brethren leagued to preserve our property, our lives, and, what is still more endearing, the liberties of America. Abraham Alexander was then elected chairman, and John McKnitt Alexander, clerk. After a free and full discussion of the various objects for which the delegation had been convened, it was unanimously ordained : " * 1. Resolved, That whoever directly or indirectly abetted or in any way, form, or manner countenanced the unchar- tered and dangerous invasion of our rights as claimed by Great Britain, is an enemy to this country, to America, and to the inherent and unalienable rights of man. " '2. Resolved, That we, the citizens of the Mecklenburg county, do hereby dissolve the political bands which have connected us to the mother-country, and hereby absolve ourselves from all allegiance to the British Crown, and abjure all political connection contract, or association with that nation who have wantonly trampled on our rights and liberties, and inhumanly shed the innocent blood of Ameri can patriots at Lexington. "'3. Resolved, That we do hereby declare ourselves a free and independent people, are and of right ought to be a sovereign and self-governing association, under the control of no power other than that of our God and the general government of the Congress ; to the maintainance of which independence we solemnly pledge to each other our mutual co-operation, our lives, our fortunes, and our most sacred honor. " ' 4. Resolved, That as we now acknowledge the exist ence and control of no law or legal officer, civil or military, within this county, we do hereby ordain and adopt, as a rule of life, all, each and every of our former laws ; wherein, nevertheless, the Crown of Great Britain never can be con sidered as holding rights, privileges, immunities, or author ity therein. " * 5. Resolved, That it is also further decreed that all, each, and every military officer in this county is hereby re instated to his former command and authority, he acting comformably to these regulations ; and that every member present of this delegation shall henceforth be a civil officer, THE BIRTH OP THE REPUBLIC. 317 viz., a justice of the peace, in the character of a "commit- teeman," to issue process, hear and determine all matters of controversy according to said adopted laws, and to preserve peace and union and harmony in said county ; and to use every exertion to spread the love of country and fire of freedom throughout America, until a more general and organized government be established in this Province." Newbern (N. C.) Committee. " IN COMMITTEE, ) Aug. 5, 1775. J " From the late conduct of Governor Martin at Fort John ston, and intelligence since received by this committee, it appears he intends erecting a king's standard, and com mencing hostilities against the people of this Province. "It is therefore resolved, That no person or persons whatsoever have any correspondence with him, either by personal communication or letter, on pain of being deemed enemies to the liberties of America, and dealt with accord ingly. ' ' And that no person or persons presume to remove him or themselves from hence to Core Sound, or any other part of the Province, where the Governor resides, without leave of this committee, as he or they will not be suffered to re turn here. " By order, B. COGDELL, Chairman." Try on County (N. C.) Association. " August 14, 1775. "The unprecedented, barbarous, and bloody actions com mitted by the British troops on our American brethren, near Boston on the 19th of April and 20th of May last, together with the hostile operations and treacherous designs now carrying on by the tools of Ministerial vengeance and despotism for the subjugating all British America, suggest to us the painful necessity of having recourse to arms for the preservation of those rights and liberties which the principles of the Constitution and the laws of God, nature, and nations have made it our duty to defend. "We therefore, the subscribers, freeholders and inhabi tants of Tryon county, do hereby faithfully unite ourselves under the most sacred ties of religion, honor, and love to our country, firmly to resist force by force, in defence of our natural freedom and Constitutional rights against all inva sions; and at the same time do solemnly engage to take up arms and risk our lives and fortunes in maintaining the freedom of our country whenever the wisdom and counsel of the Continental Congress or our Provincial Convention shall declare it necessary ; and this engagement we will con- 318 THE BIRTH OF THE REPUBLIC. tinue in and hold sacred till a reconciliation shall take place between Great Britain and America on Constitutional prin ciples, which we most ardently desire, and we do firmly agree to hold all such persons inimical to the liberties of America who shall refuse to subscribe to this Association." Signed by forty-eight names. Newbern (N. C.) Committee. 11 COMMITTEE CHAMBER, j NEWBERN, August 14, 1775. f " Whereas, All those who have not subscribed the Articles of Association have sufficiently testified to the public that they are enemies to the liberties of America; and as the principles of self-preservation make it absolutely necessary that they should be deprived of their arms : therefore it is ' * Ordered, That the captains of the several companies in this county and town require, of all such suspected persons, as well their fire-arms, as swords, cutlasses, etc., etc., and all gunpowder, lead, and other military stores; and that the said several captains be empowered to give receipt for all such guns, etc., etc., and deliver them out to such persons of his or their company not having arms, etc., etc., as may be willing to serve in the American cause. "By order, R. COGDELL, Chairman" The Congress at Hillsborough. The Provincial Congress met again at Hillsborough, on the 21st August, pursuant to a call by Samuel Johnston, as provided for at its first sitting at Newbern in April. On Wednesday, the 23d August, the following proceedings took place. The Association entered into by the General Con gress at Philadelphia, on the 20th day of October, 1774, and signed by the members thereof, was read : " Resolved, That this Congress do highly approve of the said Association, and do for themselves firmly agree and promise to adhere thereto, and do recommend it to their constituents that they likewise adhere firmly thereto.' The Committee was directed to prepare and bring in a test for the members of the Congress to sign, reported that they had prepared a test, which they begged leave to lay before the Congress for approbation. " Ordered, The same be read ; which was accordingly read, approved of, and ordered to be entered on the Journals and signed." It is as follows : "We, the subscribers, professing our allegiance to the King, and acknowledging the constitutional executive pow er of government, do solemnly profess, testify, and declare that we do absolutely believe that neither the Parliament of THE BIRTH OF THE REPUBLIC. 319 Great Britain, nor any member or constituent branch there of, have a right to impose taxes upon these Colonies, or to regulate the internal police thereof; and that all attempts by fraud or force to establish and exercise such claims and powers are violations of the peace and security of the peo ple, and ought to be resisted to the utmost: and that the rple of this Province, singly and collectively, are bound the acts and resolutions of the Continental and Provin cial Congresses; because in both they are freely represented by persons chosen by themselves; and we do solemnly and sincerely promise and engage, under the sanction of virtue, honour, and the sacred love of liberty and our country, to maintain and support all and every the acts, resolutions, and regulations of the said Continental and Provincial Ccn- gresses to the utmost of our power and abilities. In testi mony whereof, we have hereunto set our hands this 23d of August, 1775." Committees of Wilmington District, North Carolina. " At a general meeting of the several committees of the district of Wilmington, held at the Court-house in Wilming ton, Tuesday, the 20th June, 1775, " 'Resolved, That the following association stand as the association of this committee, and that it be recommended to the inhabitants of this district to sign the same as speed ily as possible : " ' "THE ASSOCIATION. " * "The actual commencement of hostilities against the continent by the British troops in the bloody scene on the 19th of April last near Boston, the increase of arbitrary impositions from a wicked and despotic Ministry, and the dread of instigated insurrections in the Colonies are causes sufficient to drive an oppressed people to the use of arms : We, therefore, the subscribers, of Cumberland county, hold ing ourselves bound by that most sacred of all obligations, the duty of good citizens towards an injured country, and thoroughly convinced that under our distressed circum stances we shall be justified before you in resisting force by force, do unite ourselves under every tie of religion and honour, and associate as a band in her defence against every foe; hereby solemnly engaging that whenever our Conti nental or Provincial Councils shall decree it necessary, we will go forth and be ready to sacrifice our lives and fortunes to secure her freedom and safety. " ' "This obligation to continue and be in full force until a reconciliation shall take place between Great Britain and America upon Constitutional principles an event we most ardently desire. And we will hold all those persons inim ical to the liberty of the Colonies who shall refuse to sub- 320 THE BIRTH OF THE REPUBLIC. scribe to this Association ; and we will in all things follow the advice of our general committee respecting the purposes aforesaid, the preservation of peace and good order, and the safety of individual and private property." ' ''NORTH CAROLINA PROVINCIAL CONGRESS, | "Friday, April 12, 1776. \ "The select committee to take into consideration the usur pations and violences attempted and committed by the King and Parliament of Great Britain against America, and the further measures to be taken for frustrating the same, and for the better defence of this Province, reported as follows, to wit: " ' It appears to your committee that, pursuant to the plan concerted by the British Ministry for subjugating America, the King and Parliament of Great Britain have usurped a power over the persons and, properties of the people unlim ited and uncontrolled, and disregarding their humble peti tions for peace, liberty, and safety, have made divers legis lative acts denouncing war, famine, and every species of calamity against the continent in general ; that British fleets and armies have been and still are employed in destroying our people and committing the most horrid devastations on the country ; that Governors in different Colonies have declared protection to slaves who should imbrue their hands in the blood of their masters ; that the ships belonging to America are declared prizes of war, and many of them have been violently seized and confiscated. In consequence of which, multitudes of the people have been destroyed, or, from easy circumstances, reduced to the most lamentable distress. And whereas. The moderation hitherto manifested by the united Colonies, and their sincere desire to be recon ciled to the mother-country on Constitutional principles, have procured no mitigation of the aforesaid wrongs and usurpations, and that no hopes remain of obtaining redress by those means alone which have been hitherto tried, your committees are of opinion that the House should enter into the f ollowing resolve, to wit : 1 ' Eesolved, That the Delegates for this Colony in the Continental Congress be empowered to concur with the Del egates of the other Colonies in declaring independency and forming foreign alliances, reserving to this Colony the sole and exclusive right of forming a constitution and laws for this Colony, and of appointing Delegates from time to time (under the direction of a general representation thereof) to meet the Delegates of the other Colonies for such purpose* as shall be hereafter pointed out.' "The Congress, taking the samelnto consideration, unan imously concurred therewith, " THIS BIRTH OF THE REPUBLIC. 321 CHAPTER. VI. SOUTH CAROLINA. IT has been elsewhere shown that South Carolina was among the foremost Colonies to oppose the Stamp Act, and that her treatment of the stamp-distributors was not more ceremonious than the similar officers in more northern Col onies had met with. She was no less prompt in seconding the determined opposition of Massachusetts to the tax on tea and other articles. "As for South Carolina," says Ban croft, "they could not enough praise the glorious ninety- two who would not rescind ; toasting them at banquets, and marching by night through the streets of Charleston in processions to their honor, by the blaze of two and ninety torches." This refers to the vote of the Massachusetts Assembly in June, 1768, in refusing, at the command of the King, to rescind their former resolutions against the right of Parliamentary taxation. The Earl of Hillsborough, Secretary for the Colonies, by instruction from the King, wrote letters to the Colonies in November, 1768, inclosing^ the addresses of the two Houses of Parliament to his Majesty, and assuring them that the King would not listen to "the views of wicked men" who questioned the supreme authority ot that body. "While Hillsborough was setting his name to these papers," says Bancroft, "Montague, the Governor of South Carolina, invited its Assembly to treat the letters of Massa chusetts and Virginia with the contempt they deserved." A committee composed of Parsons, Gadsden, Pinckney, Lloyd, Lynch, Laurens, Eutledge, Elliott, and Dart reported them to be "founded upon undeniable Constitutional principles;" and the House sitting with its doors locked, unanimously directed its speaker to signify to both Provinces its entire approbation. Provoked at what he had no means to pre vent, the Governor, that same evening, dissolved the Assem bly by beat of drum ; while the general toast at Charleston remained, "The unanimous twenty -six who would not re scind from the Massachusetts circular." South Carolina refused compliance with the Billeting Act, directing the Colonial legislatures to make specific contri butions towards the support of the army. Her people also enforced the non-importation agreement by publishing the names of the few enemies to America who kept aloof from the Association. In December, 1773, a ship arrived at Charleston with two hundred and fifty -seven chests of tea. " The spirit of oppo- 322 THE BIRTH OF THE REPUBLIC. sitipn ran very high, but the consignees were persuaded to resign ; so that the collector, after the twentieth day, seized the dutiable article, there being no one to vend it or to pay the duty, and it perished in the cellars where it was stored." Bancroft, vol. 6. A General Meeting Called.' " CHARLESTOWN, S. C., June 13, 1774. " At a meeting of the General Committee this day, it was unanimously agreed, That a general meeting of the inhab itants of this Colony be called on Wednesday the 6th of July next, at eight o'clock in the morning, at the Exchange in Charleston, to consider of the papers, letters, and resolu tions transmitted to the committee from the northern Col onies ; and also of such steps as are necessary to be pursued in union with the inhabitants of all our sister-Colonies on this continent in order to avert the dangers impending over American liberties in general by the late hostile act of Par liament against Boston, and other arbitrary measures of the British Ministry; and that public notice thereof be imme diately given in the gazettes." Extract of a Letter to a Gentleman in New York. " CHARLESTOWN, S. C., 13th June, 1774. "Circular-letters are dispatched by express to all the most leading men throughout this Colony in order to re move some jealousies which have been industriously excited to acquaint them with the present dangerous situation of every American and his posterity, and to engage their union, assistance, and influence in their several districts, to attend eitheir personally or by deputies authorized, to de clare their sentiments at a general meeting of Delegates from every part of the Colony, to be held at Charlestown, the 6th of July next. "Even the merchants now seem generally inclined to a non-importation. How much further we shall go wiU de pend upon the expected advices from the other Colonies, and the spirit and vigor with which they act." Extract of a Letter Received in New York. " CHARLESTOWN, S. C., July 8, 1774. ' ' On the 6th instant, according to proper notices dispersed all over the Province, began at Charlestown our general meet ing of Delegates from ail the counties, for agreeing upon general resolutions, and for the appointment of deputies to represent and act for us at the general Congress. This meeting was perhaps one of the most respectable ever held in America, and continued with very little intermission till this afternoon when the business was concluded with the THE BIRTH OF THE REPUBLIC. 323 enclosed resolutions. Do not be surprised at not seeing any non-importation or -exportation resolves. We had such, but gave them up to succeed in the allowing full powers to our deputies, which was gaining a grand point. They were chosen by ballotj which kept us up till after midnight. "At this election the merchants appeared with us for the first time, but miscarried in their choice. The voters' names were all taken down. They have, by voting in the appointment of deputies so fully empowered, acceded to non-importation or -exportation, if the Congress should adopt those measures. The people, nevertheless, were so uneasy for agreements to be entered into, that it was at last declared, on the part of the trade, that they would (of their own motion) countermand their orders, and would not import while the present troubles continue. u Captain Hunt has behaved so exceedingly clever upon the present occasion by staying three days for the result of our meeting and for our letters, that he has this day received public thanks in our full meeting. His stay has given me this opportunity of subscribing myself," etc. Resolutions of the General Meeting. Eesolutions unanimously entered into by the inhabitants of South Carolina at a general meeting held at Charlestown, in said Colony, on Wednesday, Thursday, and Friday, the 6th, 7th, and 8th days of July, 1774: "Resolved, That his Majesty's subjects in North America owe the same allegiance to the Crown of Great Britain that is due from his subjects born in Great Britain. "Resolved, That his Majesty's subjects in America are entitled to all the inherent rights and liberties of his natural- born subjects within the Kingdom of Great Britain. " Resolved, That it is repugnant to the rights of the peo ple that any taxes should be imposed on them unless with their own consent, given personally or by their representa tives. " Resolved, That it is a fundamental right which his Maj esty's liege subjects are entitled to ; that no man should suffer in his person or property without a fair trial and judgment given by his peers, or by the laws of the land. "Resolved, That all trials of treason, misprision of trea son, or for any felony or crime whatever committed, or done in this his Majesty's Colony, by any person or persons re siding therein, ought of right to be had and conducted in his Majesty's courts held within the said Colony, according to the fixed and known course of proceeding; and that the seizing any person or persons residing in this Colony, sus pected of any crime whatever committed therein, and send ing such person or persons to places beyond the sea to be tried, is oppressive and illegal and highly derogatory to the 324 THE BIRTH OF THE REPUBLIC. rights of British subjects, as thereby the inestimable priv ileges of being tried by a jury from the vicinage, as well as the benefit of summoning and procuring witnesses on such trial, will be taken away from the party accused. "Resolved, That the statute made in the thirty-fifth year of Henry the Eighth, chapter two, entitled ' An Act for the Trial of Treasons Committed out of the King's Dominions,' does not extend and cannot, but by an arbitrary and cruel construction, be construed to extend to treasons, misprisions of treasons, or concealment of treasons committed in any of his Majesty's American Colonies, where there is sufficient provision by the law of the land for the impartial trial of all such persons as are charged with, and for the due punish ment of, those offences. "Resolved, That the late act for shutting up the port of Boston, and the two bills relative to Boston which by the last accounts from Great Britain had been brought into Par liament, there read and committed, are of the most alarm ing nature to all his Majesty's subjects in America; are cal culated to deprive many thousand Americans of their rights, properties, and privileges in a most cruel, oppressive, and unconstitutional manner; are the most dangerous prece dents : and, though levelled immediately at the people of Boston, very manifestly and glaringly show if the inhab itants of that town are intimidated into a mean submission to said acts, that the like are designed for all the Colonies ; when not even the shadow of liberty to his person or secur ity of his property will be left to any of his subjects residing on the American continent. "Resolved therefore, That not only the dictates of hu manity, but the soundest principles of true policy and self- preservation, make it absolutely necessary for the inhabi tants of all the Colonies in America to assist and support the people of Boston by all lawful wa^s in their power, and especially to leave no justifiable means untried to procure a repeal or those acts immediately relating to them ; also all others affecting the Constitutional rights and liberties of America in general, as the best means to effect this desirable end. "Resolved, That Henry Middleton, John Rutledge, Chris topher Gadsden, Thomas Lynch, and Edward Rutledge, Esquires, be and they are hereby nominated and appointed deputies, on the part and behalf of this Colony, to meet the deputies of the several Colonies of North America in gen eral Congress, the first Monday of September next, at Phila delphia, or at any other place or time that may be generally agreed upon : there to consider the act lately passed and bills depending in Parliament with regard to the port of Boston and Province of Massachusetts Bay, which act and bills in the precedent and consequences affect the whole THE BIRTH OF THE REPUBLIC. 325 continent ; also the grievances under which America labors by reason of the several acts of Parliament that impose taxes or duties for raising a revenue and lay unnecessary re straints and burthens on trade, and of the statutes, Parlia mentary acts, and royal instructions which make any in vidious distinctions between his Majesty's subjects in Great Britain and America; with full power and authority, in be half of us and our constituents, to concert, agree to, and ef fectually prosecute such legal measures (by which we for ourselves and them, most solemnly engage to abide) as in the opinion of the said deputies and of the deputies so to be as sembled shall be most likely to obtain a repeal of the said acts and a redress of those grievances. "Resolved, That we will agree to pay the expenses of those gentlemen who may be fixed upon to be sent upon this business. " Eesolved, That, while the oppressive acts relative to Bos ton are enforced, we will cheerfully, from time to time, con tribute towards the relief of such poor persons there whose unfortunate circumstances occasioned by the operation of those acts may be thought to stand in need of most assist ance. "Resolved, That we will by all means in our power en deavor to preserve harmony and union amongst all the Col onies. "Eesolved, That a committee of ninety-nine persons be now appointed to act as a general committee to correspond with the committees of the other Colonies, and do all mat ters and things necessary to carry these resolutions into execution ; and that any twenty-one of them together may proceed to business their power to continue till the next general meeting ; and in case of the death, departure from the Province, or refusal to act, of any or either of them, the parish or district from which such person dying, removing, or refusing to act was chosen, shall fill, up the vacancy." Extract of a letter received in Boston, dated Charlestown, S. C., July 11, 1774 : "In consequence of the advertisements lately published by the general committee, and other proper means used to obtain the sense of the whole Colony on the present alarming state of American affairs, on "Wednesday last, the 6th in stant, the largest body of the most respectable inhabitants that has ever been seen together upon any public occasion here, or perhaps anywhere in America (for gentlemen of the greatest property and character, animated with an ardent zeal to relieve their suffering brethren, and to preserve their own freedom and the birthrights of their posterity, not withstanding the extreme inconvenience of the season, from even the remotest parts of the country attended), met at the Exchange in this town in order to consider of the papers, 326 THE BIRTH OF THE REPUBLIC. letters, and resolutions that had been transmitted to the said committee from the northern Colonies ; and also of the steps necessary to be pursued in the union with the inhabi tants of our sister -Colonies on this continent, to avert the dangers impending over American liberties in general, by the late hostile act of Parliament against Boston, and other arbitrary measures of the British Ministry." Another Account from Drayton, the historian: 4 'The 6th day of July now arrived, and Charlestown was filled with people from the country. One hundred and four deputies represented all parts of the Colony, except Green ville county, St. John's Colleton county, and Christ Church parish. These districts sent no deputies. And in behalf of Charlestown, the general committee joined the deputies from the country. The meeting was held under the Exchange, on the 6th of July, 1774; and a crowded meeting it was. At nine o'clock in the morning Colonel George Gabriel Powell took the chair, and it was carried, the votes should be given by each person present, and not by parishes. It was also further determined that whoever came there might give his vote. The business of the day then opened with reading the communications from the northern. Colonies. They then proceeded to consider certain resolutions touching American rights and grievances. These were agreed to." The South Carolina Assembly. 11 The Commons House of Assembly met agreeably to the Lieutenant-governor's prorogation, on Tuesday, the 2d day of August, 1774, at eight o'clock in the morning ; and Messrs. Heyward and Cattell were ordered to 'wait on the Lieu tenant-governor, and acquaint his Honour that the House had met.' The said gentlemen being returned, Mr. Heyward reported to the House that Mr. Cattell and himself had waited on the Lieutenant-governor with the message they had in charge, and that his Honour was pleased to say he would be in the Council-chamber immediately, when he would send a message to this House. "Colonel Powell, chairman of the late general meeting 1 , ac quainted the House ' that, during the recess of this House, namely, on the 6th, 7th, and 8th days of July last, at a gen eral meeting of the inhabitants of this Colony, they having under consideration the acts of Parliament lately passed with regard to the port of Boston and Colony of Massachusetts Bay, as well as other American grievances/ had nominated and appointed the Honourable Henry Middleton, John Rut- ledge, Thomas Lynch, Christopher^Gadsden, and Edward Eutledge, Esquires, deputies, on the part and behalf of this THE mUTII OP THE REPUBLIC. 327 Colony, to meet the deputies of the other Colonies of North America, in general Congress, the first Monday in Septem ber next, at Philadelphia, or at any other time or place that may be generally agreed on : then to consider the acts lately passed and bills depending in Parliament with regard to the port of Boston and Colony of Massachusetts Bay, which acts and bills in the precedent and consequences affect the whole continent of America ; also the grievances under which America labors by reason of the several acts of Par liament that impose taxes or duties for raising a revenue and lay unnecessary restraints and burthens on trade, and of the statutes, Parliamentary acts, and royal instructions which make an invidious distinction between his Majesty's subjects in Great Britain and America; with full power and authority to concert, agree to, and effectually prosecute such legal measures as in the opinion of the said deputies, and of the deputies so to be assembled, shall be most likely to ob tain a repeal of the said acts and a redress of those griev ances/ And thereupon moved that this House do resolve to recognize, ratify, and confirm the said appointment of depu ties for the purposes aforesaid ; and that this House do also resolve to provide a sum not exceeding one thousand five hundred pounds sterling to defray the expenses which said deputies will be at on the said service. "'Resolved, nemine contradicente, That this House do recognize, ratify, and confirm the appointment of the said deputies for the purposes mentioned in the said motion. "'Resolved, nemine contradicente, That this House will make provision to pay any person or persons who will ad vance to the said Henry Middleton, John Rutledge, Thomas Lynch, Christopher Gadsden, and Edward Rutledge, Es quires, the sum of one thousand five hundred pounds ster ling (for the purposes aforesaid), together with full in terest from the day the said one thousand five hundred pounds sterling shall be advanced until it be repaid to the person or persons advancing the same.' " Non-consumption of Tea. " CHARLESTOWN, S. C., October 14, 1774. " On Wednesday last the General Committee of this Col ony chose a Committee of Inquiry to see that no India teas from any place whatever be imported or landed here, and ordered the following advertisement to be published in the Gazette : " ' CHARLESTOWN S. C., October 12, 1774. " ' The General Committee most earnestly recommend and request of those inhabitants of this Colony who have not yet signed an agreement for non-consumption of India teas after the first day of November next, that they *-ilJ subscribe the 328 THE BIRTH OF THE REPUBLIC. said agreement as soon as possible ; for which purpose copies thereof will be lodged in the hands of the gentlemen who were chosen to represent the several parishes on the said committee. ' " Extracts from the charge of the Honorable William Henry Drayton, Esq., one of the Judges of the General Sessions of the Peace, Oyer and Terminer, Assize and Gen eral Gaol Delivery for the districts of Camden and Cheraw, in South Carolina, on his circuit, the fifth and fifteenth days of November, 1774, delivered to the several Grand Juries, and by them ordered to be published : "By as much as you prefer freedom to slavery, by so much ought you to prefer a generous death to servitude, and to hazard everything to endeavor to maintain that rank which is so gloriously pre-eminent above all other nations. You ought to endeavor to preserve it, not only for its ines timable value, but from a reverence to our ancestors, from whom we received it, and from a love of our children, to whom we are bound by every consideration to deliver down this legacy, the most valuable that ever was or can be de livered to posterity. " It is unnecessary for me to draw any other character of those liberties than that great line by which they are dis tinguished ; and happy is it for the subject, that those liber ties can be marked in so easy and so distinguished a manner. And this is the distinguishing character: English people cannot be taxed ; nay, they cannot be bound by any law unless by their consent, expressed by themselves or by their representatives of their own election. This Colony was settled by English subjects ; by a people from England her self ; a people who brought over with them, who planted in this Colony, and who transmitted to posterity, the invaluable rights of Englishmen rights which no time, no contract, no climate can diminish. "Some worthy judges style themselves the King's ser vants, a style which sounds harshly in my ears, inasmuch as the being a servant implies obedience to the orders of the master, and such judges might possibly think that in the present situation of American affairs this charge is incon sistent with my duty to the King. But for my part, in my judicial character, I know no master but the law ; I am a servant, not to the King, but to the Constitution ; and in my estimation, I shall but discharge my duty as a good subject to the King and a trusty officer under the Constitution, when I boldly declare the law to the people and instruct them in their civil rights. Indeed, you gentleman of the Grand Jury cannot properly comprehend your duty, and your great obligation to perform it, unless you know those civil rights from which these duties spring; and, by knowing the value of those rights, thence learn your obligations to THE BIRTH OF THE nEPUBLIC. 329 perform these duties. A learned judge says: 'Every new tribunal erected for the decision of facts, without the inter vention of a jury, is a step towards aristocracy the most oppressive of absolute governments.' And it is therefore a duty which every man owes to his country, his friends, his posterity, and himself, to maintain to the utmost of his power this valuable Constitution in all its rights ; to restore it to its ancient dignity, if at all impaired; to amend it wherever it is defective ; and, above all, to guard with the most jealous circumspection against the introduction of new and arbitrary methods of trial, which, under a variety of plausible pretences, may in time imperceptibly undermine this best preservative of English liberty. "Mr. Justice Blackstone terms the English trial by jury the glory of the English law ; let me tell you, it is that kind of glory in full meridian lustre, in comparison of which the English mode appears only with diminished splendour." Presentments of the Grand Jury for the District of Camden. " 3. We present, as a grievance of the most dangerous and alarming nature, the power exercised by the Parliament to tax and to make laws to bind the American Colonies in all cases whatsoever. We conceive such a power is destructive of our birthrights as freemen, descended from English an cestors, seeing such freemen cannot be Constitutionally taxed or bound by any law without their consent, expressed by themselves or implied by their representatives of their own election; a consent which the good people of this Colony never have signified, to be taxed or bound by laws of the British Parliament, in which they never have had any Con stitutional representation. " And whereas, We rather choose to die freemen than to live slaves, bound by laws in the formation of which we have no participation, so now, that the body of this district are legally assembled, as one step towards the defence of our Constitutional rights, which are dearer to us than our lives and fortunes, we think it our indispensable duty to the peo ple of the district, to ourselves, the Grand Jurors for the body of the people, and to our posterity, thus clearly to ex press the sense of this large and populous district touching our Constitutional rights and the very imminent danger to which they are exposed from the usurped power of the Brit ish Parliament, taxing, and, by law binding, the Americans in all cases whatsoever ; being resolved to maintain our Con stitutional rights at the hazard of our lives and fortunes, we do most earnestly recommend that this presentment in par ticular be laid before our Constitutional representatives in General Assembly, who, we doubt not, will do all in their power to support us in our just rights. u And, lastly, in testimony of the satisfaction we feel, and 330 THE BIRTH OF THE REPUBLIC. the high estimation in which we hold the charge given by his Honour the judge at the opening of the court, and the Erinciples of loyalty and liberty in which the same is mani- sstly founded, and also that a lasting evidence may remain of that true and Constitutional language, which it is the duty of every judge to adopt in the exercise of an office instituted solely for the preservation of the laws, we make it our re quest that his Honour will be pleased to direct the said charge to be printed and made public, fully persuaded that every man will read it with applause who wishes a lasting security to the British Constitutional establishment of our civil and religious liberty. We also recommend the publi cation of these our presentments. "MATTHEW SINGLETON, "Foreman; " Joshua English, Jasper Sutton, Isham Moore, Sylvester Dunn, John Payn, John Cantey, John Witherspoon, Henry Cassells, John Gamble, Samuel Bradley, Robert Carter, James Conyers, Henry Hunter, David Wilson, David Neilson, Aaron Frierson, Thomas Coffity, Moses Gordon, John Perkins, Sr., Samuel Cantey, Edward Dukey." The South Carolina Provincial Congress. "On Wednesday, the llth day of January, 1775, the deputies from every parish and district in the Province of South Carolina met at the Exchange in Charleston, agree ably to the Resolutions of Election; " And after some debate it was, " 'Resolved, That this Congress do approve the Declara tion of American Rights as framed by the Continental Con gress. * ' Ordered, That the Association formed by the late Con tinental Congress be taken into immediate consideration. " The Association was then read, and after long debate it was, " 'Resolved, That this Congress do approve the American Association. "'Ordered, That the resolutions of the late Continental Congress on the 10th of September last, and the first, second, fourth, and sixth resolutions of the said Congress on the 14th of October last, be taken into immediate consideration. " * Resolved, That this Congress do approve the above res olutions of the Continental Congress. " ' Ordered, That the President do return the most cordial and grateful thanks of this Congress to each of the late Delegates from this Colony to the late Continental Congress for their able and faithful discharge in the said Congress of the high trust reposed in them by their country.' THE BIRTH OF THE REPUBLIC. 331 "And the same was done accordingly. " ' Eesolved, That the unfeigned thanks of every American are justly due to the worthy and patriotic members of the late Continental Congress, held at Philadelphia, for their wise and spirited exertions in behalf of American liberty ; and the representatives of this Colony, now met in Provincial Congress, do hereby, in behalf of themselves and in the names of their constituents, unanimously express their sense of the great services rendered them by those important pro ceedings.'" Extract from Drayton, the Historian. " Our Delegates from Congress being present, the pro ceedings of that body at Philadelphia were taken into con sideration, and many questions were proposed to them relative to various parts of the proceedings, to which answers and explanations were given by them. One of the most important of these was, why, at a time when a number of gentlemen were sent to Congress from all parts of America, for the express purpose of considering and stating the Ame rican grievances, and for devising the proper means for redressing them, why did they limit their researches to the year 1763, and not trace back, as could easily have been done, the many aggressions which had been committed by Great Britain upon her infant Colonies, in the jealousies, monopolies, and prohibitions with which she was so prodigal towards them, for the express purpose of depressing their population, confining their trade, and crippling their at tempts at even the most domestic and necessary manufac tures ? To this it was answered that our Delegates were willing to have stated all the grievances, as were the greater part of the other Delegates ; but the people of Virginia would not retrospect further back than 1763, being limited in their powers." " CHAKLESTOWN, Jan'y 17, 1775. " Eesolved, That it be recommended by this Congress, to all the inhabitants of this Colony, that they be diligently attentive in learning the use of arms, and that their officers be requested to train and exercise them at least once a fort night. "Eesolved, That it be recommended to the inhabitants of this Colony to set apart Friday, the 17th February next, as a day of fasting, humiliation, and prayer before Almighty God, devoutly to petition him to inspire the King with true wis dom to defend the people of North America in their just title to freedom, and to avert from them the impending calamities of civil war. "Eesolved, That the several ministers of the gospel throughout the Colony be requested to prepare and deliver suitable discourses upon this solemn occasion. 332 THE BIRTH OF THE REPUBLIC. "Resolved, That every member of the present Congress who may be in town do meet at the Commons House of As sembly, and proceed from thence in a body to attend divine service at St. Philip's Church ; and that the president do re quest of the Reverend Mr. Robert Smith that he will prepare and preach on that day a sermon suitable to the importance of the occasion." Association unanimously agreed to in the Provincial Congress of South Carolina. "June 3d, 1775. "The actual commencement of hostilities against this continent by the British troops in the bloody scene on the 19th of April last near Boston, the increase of arbitrary im positions from a wicked and despotic Ministry, and the dread of instigated insurrections in the Colonies are causes suffi cient to drive an oppressed people to the usr> of arms. "We, therefore, the subscribers, inhabitants of South Carolina, holding ourselves bound by that most sacred of all obligations the duty of good citizens towards an injured country, and thoroughly convinced that under our present distressed circumstances we shah 1 be justified before God and man in resisting force by force, do unite ourselves under every tie of religion and honor, and associate as a band in her defence against every foe ; hereby solemnly engaging that, whenever our Continental or Provincial Councils shall decree it necessary, we will go forth and be ready to sacri fice our li ves and fortunes to secure her freedom and safety. " This obligation to continue in full force until a recon ciliation shall take place between Great Britain and America upon Constitutional principles an. event which we most ardently desire. " And we will hold all those persons ipimical to the liberty of the Colonies who shall refuse to subscribe to this Associa tion. "Subscribed by every member present on the 4th day of June, 1775. Certified by "HENRY LAURENS, President." " CHARLESTOWN, S. C., June 8, 1775. " The Association signed by the Provincial Congress and recommended by them as a proper instrument to be sub scribed to at this juncture by persons of all persuasions, was in a few days, with the greatest avidity and cheerfulness, signed also by almost every man in this town ; in short, such is here the spirit for liberty and freedom, that, of the very few who objected, there were only two who were hardy enough to ridicule or treat it with contempt, viz., Loughliii Martin and John Dealy, on which account they drew on TEE BIRTH OF THE REPUBLIC. 333 themselves the resentment of the populace. Yesterday they were carted through the principal streets of this town in complete suits of tar and feathers. The very indecent and daring behaviour of the two culprits in several instances oc casioned their being made spectacles of. After having been exhibited for about a half-hour, and having made many acknowledgments of their crime, they were conducted home, cleaned, and quietly put on board of Captain Lasley's ship, lying wind-bound, for Bristol. We hear that, upon the intercession of Martin's friends, and his repeated promises of future good behaviour, he is allowed to come on shore and follow his business as usual. " " CHARLESTOWN, S. C., June 9, 1775. " We are informed that the Association lately subscribed by the Provincial Congress, and recommended by them as proper to be signed by all the inhabitants meets with the greatest success. In the course of four days it has been signed by almost every man in Charlestown ; none having re fused, that we hear of, except a few gentlemen under pe culiar circumstances. "We also learn that the Provincial Congress have deter mined to raise two regiments of foot and one of horse immediately ; and also to put the Militia upon a respectable footing, to which the people most cheerfully accord ; and we have the satisfaction of knowing that the Colony will very speedily be put in a good posture of defence. 1 ' The Provincial Congress have resolved to lay up proper quantities of rice and flour in granaries in divers parts of the Colony, and have appointed commissioners for pur chasing these articles, and carrying these resolutions forth with into execution. They have also prohibited the further exportation of rice and corn for three months." Address of the Provincial Congress to the Governor. " To his Excellency the Right Honourable Lord William Campbell, Governor and Commander-in-chief in and over the Province aforesaid : "The humble Address and Declaration of the Provincial Congress : ' ' We, his Majesty's loyal subjects, the representatives of the people of this Colony, in Congress assembled, beg leave to disclose to your Excellency the true causes of our proceed ings ; not only that upon your arrival among us you may receive no unfavorable impression of our conduct, but that we may stand justified to the world. " When the ordinary modes of application for redress of grievances, and the usual means of defence against arbitrary impositions, have failed, mankind generally have had re course to those tHkt are extraordinary. Hence the origin of 334 THE BIRTH OF THE REPUBLIC. the Continental Congress, and hence the present representa tion of the people of this Colony. "It is unnecessary to enumerate the grievances of America; they have been so often represented that your Excellency cannot be a stranger to them. Let it therefore suffice to say that the hands of his Majesty's Ministers which have long lain heavy, now press us with intolerable weight. " We declare that no love of innovation, no desire of alter ing the Constitution of government, no lust of independence, has had the least influence upon our councils. "But, alarmed and roused by a long succession of arbi trary proceedings by wicked administrations, impressed with the greatest apprehensions of instigated insurrections, and deeply affected by the commencement of hostilities, by the British troops, against this continent, solely for the preservation and defence of our lives, liberties, and proper ties, we have been compelled to associate and take up arms. "We sincerely deplore those slanderous informations and wicked counsels by which his Majesty has been led into measures which, if persisted in, must inevitably involve America in all the calamities of civil war and rend the British empire. "We only desire the secure enjoyment of our invaluable rights, and we wish for nothing more ardently than a speedy reconciliation with our mother-country upon Constitutional principles. "Conscious of the justice of our cause and the integrity of our views, we readily profess pur loyal attachment to our Sovereign, his Crown and dignity ; and trusting the event to Providence, we prefer death to slavery." " ! PROVINCIAL CONGRESS, ) CHARLESTOWN, S. C., June 22, 1775. \ "Resolved, That all absentees holding estates in this Colony, except the sick, those above sixty, and those under twenty-one years of age, ought forthwith to return to this Colony. " Resolved. That no persons holding estates in this Colony oujrht to withdraw from its service without giving good and sufficient reasons for so doing, to this Congress, or, during its recess, to the General Committee. "Ordered, That the two foregoing resolutions be printed and made public. PETER TIMOTHY, Secretary." (Extract.) "The humble address of the Commons House of Assembly of the said Colony of South Carolina to his Excellency the Governor, dated July 12, 1775 : " 'In times when the spirit of the Constitution has full operation and, animating all the members of the state, gives THE BIRTH OF THE REPUBLIC. 335 security to civil liberty, then we claim to be * * the only legal representatives of the people in this Province, the only Con stitutional guardians of its welfare ;" but, in the present un happy situation of affairs, though our constituents might have thought us competent, yet, as our own meeting de pended upon the pleasure of the Crown, they would not trust to so precarious a contingency, but wisely appointed another representative body, for necessary, for special, and important purposes. ' ' ' We want words to give an idea of our feelings at your Excellency's expression, "If there are any grievances that we apprehend the neople of this Province labour under" as if you doubted their existence : the world resounds with a catalogue of them. " * Your Excellency surely cannot be unacquainted with them. A. Constitution or Form of Government Agreed to and Re solved upon by the Representatives of South Carolina. "Whereas, The British Parliament, claiming of late years a right to bind the North American Colonies by law in all cases whatsoever, have enacted statutes for raising a revenue in those Colonies, and disposing of such revenue as they thought proper, without the consent and against the will of the Colonists, etc. . . . "And whereas, The judges of the courts of law here have refused to exercise their respective functions, so that it is become indispensably necessary that, during the present situation of American affairs, and until the accommodation of the unhappy differences between Great Britain and America can be obtained (an event which, though traduced and treated as rebels, we still earnestly desire), some mode should be established by common consent and for the good of the people the origin and end of all government for reg ulating the internal polity of this Colony ; the Congress being vested with powers competent for the purpose, and having fully deliberated touching the premises, do therefore, "Resolve, 1. That this Congress, being a full and free representation of the people of this Colony, shall henceforth be deemed and called the General Assembly of South Caro lina ; and as such, shall continue until the 21st day of October next, and no longer. "2. That the General Assembly shall, out of their own body, elect by ballot a Legislative Council, to consist of thirteen members, seven of whom shall be a quorum, and to continue for the same time as the General Assembly. "3. That the General Assembly and the said Legislative Council shall jointly choose by ballot, from among them selves or from the people at large, a President and Com mander-in-chief and a Vice-president of the Colony. 336 THE BIRTH OF THE REPUBLIC. U 4. That a member of the General Assembly being chosen and acting as President and Commander-in-chief, or Vice- president, or one of the Legislative Council, shall vacate his seat in the General Assembly, and another person shall be elected in his room ; and if one of the Legislative Council is chosen President and Commander-in-chief, or Vice presi dent, he shall lose his seat, and another shall be elected in his stead. *' 5. That there be a Privy Council, whereof the Vice-presi dent of the Colony shall of course be a member and presi dent of the Privy Council; and that six other members be chosen by ballot three by the General Assembly, and three by the Legislative Council : provided always, that no officer of the Army or Navy, in the service of the Continent or of this Colony, shall be eligible ; and a member of the General Assembly or of the Legislative Council being chosen of the Privy Council, shall not thereby lose his seat in the General Assembly or Legislative Council unless he be elected Vice- president of the Colony; in which case he shall, and another person shall be chosen in his stead. "The Privy Council, of which four to be a quorum, to advise the President and Commander-in-chief when re quired ; but he shall not be bound to consult them unless in cases after- mentionei. "6. That the qualifications of the President and Com mander-in-chief and Vice-president of the Colony, and members of the Legislative and Privy Councils, shall be the same as of members of the General Assembly ; and on being elected, they shall take an oath of qualification in the Gen eral Assembly. " 7. That the legislative authority be vested in the Presi dent and Commander-in-chief, the General Assembly, and Legislative Council, etc." General Order of General Washington. ' ' HEADQUARTERS , ) NEW YORK, August 9, 1776. J " The general exhorts every man, both officer and soldier, to be prepared for action ; to have his arms in the best order ; not to wander from his encampment or quarters ; to remem ber what their country expects of them ; what a few brave men have lately done, in South Carolina, against a powerful fleet and army; to acquit themselves like men ; and with the blessing of heaven on so just a cause, we cannot doubt of success." THE BIRTH OF THE REPUBLIC. 337 CHAPTER VII. GEORGIA. GEORGIA was the youngest and feeblest of the Colonies. It was settled in 1732. When the Revolution began, there fore, it was barely forty years old, and forty years in the life of a Colony in that age are not to be measured by a similar period of time nowadays. By the aid of steam and railways and telegraphs, the populous Atlantic and Middle States and the vast tide of European immigration will now accomplish more in the way of colonizing a western terri tory in a single year than could have been done during the first half of the eighteenth century. Georgia, therefore, was not in a condition to do much for the common cause in the beginning of the struggle ; but her gallant sons did what they could. The circular-letter of the Massachusetts Assembly dated February 11, 1768, in regard to the taxes on tea and other articles, reached Georgia after the adjournment of the As sembly. It was replied to by the speaker, Alexander Wylly, Esq., " as a private person," in which he stated that Dr. Franklin had been appointed agent of the Colony, with instructions to urge the repeal of the act. The Legislature met in November, and the Governor, referring to this cor respondence, which had been made public, informed the Assembly that if any countenance was given to the scheme of Massachusetts, it would be his duty "immediately to put an end to your sitting." Accordingly the presentation of the Massachusetts letter was withheld until the necessary legislation was diposed of, when Mr. Wylly laid that letter before the Assembly, with a similar one from Peyton Ran dolph, speaker of the Virginia House of Burgesses. Both were ordered to be entered on the Journals; which was done. "Resolved, That, from the inherent right of the subject to petition the Throne for redress of grievances, a right allowed and confirmed by act of William and Mary, the said letters do not appear to the House of a factious or dangerous ten dency, but, on the contrary, in the opinion of this House, only tend to a justifiable union of subjects aggrieved, in law ful and laudable endeavors to obtain redress by an applica tion founded upon and expressive of duty and loyalty to the best of kings, a becoming respect for the Parliament of Great Britain, and an equitable and natural affection for our mother-country, and arises from the tender and com- mandable attention of those Colonies to the natural rights and liberties of the British subjects in America, and to 338 THE BIRTH OF* THE REPUBLIC. which they are undeniably entitled upon the happy prin ciples of our Constitution. "Resolved, That copies of this resolution be, by the speaker of the House, transmitted to the speaker of the House of Representatives of the Province of Massachusetts Bay, and to the speaker of the House of Burgesses in Vir ginia, and that they be acquainted by him that this House approves of the measures by them pursued to obtain redress of our common grievances; also of the method by them taken of communicating these measures to the other Prov inces of the continent. "Ordered, That the several proceedings and resolutions respecting the said letters be published in the Gazette of this Province, and that the clerk do furnish the printer with a copy of the same." In the same spirit an address to the King was adopted. The consequence of these proceedings was, the immediate dissolution of the Assembly, as had been threatened by the Governor. The address was sent to Dr. Franklin to be presented to the King; which was done through the Earl of Hillsborough. But its reception through that channel was refused, on the ground that it should have come through the Governor. On the 16th of September, 1769, a meeting of the mer chants and traders of Savannah was held at the house of Mr. Alexander Creighton, at which they resolved, "That any person or persons whatsoever importing any of the arti cles subject to Parliamentary duties, after having it in their power to prevent it, ought not only to be treated with con tempt, but also as enemies of their country." Three days after, a large meeting was convened with the Honorable Jona than Bryan, one of the Governor's Council, in the chair, at which the same subject was renewedly canvassed, and re solves of non-importation, mostly similar to the other Colo nies, unanimously passed. One of the resolves, based on the sentiments of the Bostonians in 1765, was to abolish mourn ing at funerals, as the black stuffs used for such purposes were of British manufacture. From this time there was a constant struggle between the Governor and the Assembly. Bryan was thrown out of the Council by order of the King. The unanimous election of Dr. Noble Wimberly Jones to the speakership of the Com mons was negatived by the Governor. The Assembly re sented the insult as a breach of privilege, and as tending to subvert the rights and liberties of the people. " SAVANAH, GA., July 14, 1774. "The critical situation to which the British Colonies in America are likely to be reduced from the alarming and arbitrary impositions of the late acts of the British Parlia- THE BIRTH OF THE REPUBLIC. 339 ment respecting the town of Boston, as well as the acts that at present extend to the raising of a perpetual revenue without the consent of the people or their representatives, is considered as an object extremely important at this criti cal juncture, and particularly calculated to deprive the American subjects of their Constitutional rights and liber ties as a part of the British empire. It is therefore re quested that all persons within the limits of this Province do attend at the Liberty Pole at Fondee's Tavern, in Savan nah, on Wednesday, the 27th instant, in order that the said matters may be taken under consideration, and other Con stitutional measures pursued as may then appear to be most eligible. " NOBLE W. JONES, JOHN HOUSTON, ARCHIBALD BULLOCH, GEORGE WALTON." Resolutions Adopted at a General Meeting of the People. Resolutions entered into at Savannah, in Georgia, on Wednesday, the 10th day of August, 1774, at a general meet ing of the inhabitants of the Province, assembled to consider the state of the Colonies in America : "Resolved, nemine contradicente, That his Majesty's sub jects in America owe the same allegiance, and are entitled to the same rights, privileges, and immunities, with their fellow-subjects in Great Britain. " ' Resolved, nemine contradicente, That as protection and allegiance are reciprocal, and under the British Constitution correlative, terms, his Majesty's liege subjects in America have a clear and indisputable right, as well from the general laws of mankind as from the ancient and established customs of the land, so often recognized, to petition the Throne upon every emergency. " 'Resolved, nemine contradicente, That an act of Parlia ment lately passed for blocking the port and harbor of Bos ton is contrary to our idea of the British Constitution. First for that in effect deprives good and lawful men of the use of their property, without judgment of their peers; and, second ly, for that it is in nature of an ex post facto law, and indis criminately blends, as objects of punishment, the innocent with the guilty: neither do we conceive the same justified upon the principles of necessity ; for that numerous instances evince that the laws and executive power of Boston have made sufficient provisions for the punishment of all offenders against persons, or property. u ' Resolved, nemine contradicente, That the act for abolish ing the Charter of Massachusetts Bay tends to the subversion of American rights ; for, besides those general liberties the original settlers brought over with them as their birthright, particular immunities were granted by such Charter as an inducement and means of settling the Province ; and we ap- 340 THE BIRTH OF THE REPUBLIC. prehend the said Charter cannot be dissolved but by a volun tary surrender of the people representatively declared. " 'Resolved, nemine contradicente, That we apprehend the Parliament of Great Britain hath not, nor ever had, any right to tax his Majesty's American subjects; for it is evident be yond contradiction, the Constitution admits of no taxation without representation, that they are coeval and insepara ble ; and every demand for the support of government should be by requisition made to the several Houses of Represen tatives. u 'Resolved, nemine contradicente, That it is contrary to natural justice and the established law of the land, to trans port any person to Great Britain or elsewhere to be tried under indictment for a crime committed in any of the Col onies, as the party prosecuted would thereby be deprived of the privileges of trial by his peers from the vicinage, the injured perhaps prevented from legal reparation, and both lose the full benefit of their witnesses. " ' Resolved, nemine contradicente, That we will concur with our sister-Colonies in every Constitutional measure to obtain redress of American grievances, and will, by every lawful means in our power, maintain these inestimable blessings for which we are indebted to God and the Constitution of our country a Constitution founded upon reason and jus tice and the indelible rights of mankind. u ' Resolved, nemine contradicente, That the committee ap pointed by the meeting of the inhabitants of this Province, on Wednesday, the 27th of July last, together with the depu ties who have appeared here on this day, from the different parishes, be a general committee to act ; and that any eleven or more of them shall have full power to correspond with the committee of the several Provinces upon the continent ; and that copies of these resolutions, as well as all other pro ceedings, be transmitted, without delay, to the Committees of Correspondence in the respective Provinces.' "A committee was appointed to receive subscriptions for the suffering poor of Boston, consisting of William Ewen, William Young, Joseph Clay, John Houston, Noble Wimb- erly Jones, Edward Tel fair, John Smith, Samuel Farley, and Andrew Elton Wells, Esqrs." Darien (Go,.) Resolutions. "!N THE DARIEN COMMITTEE, ) Thursday, January 12, 1775. j "When the most valuable privileges of a people are in vaded, not only by open violence, but by every kind of fraud, sophistry, and cunning, it behooves very individual to be on his guard, and every member of society, like beacons in a country surrounded by enemies, to give the alarm, not only when their liberties in general are attacked, but separately, THE BIRTH OF THE REPUBLIC. 341 lest a precedent in one may affect the whole ; and to enable the collective wisdom of such people to judge of its conse quences, and how far their respective grievances concern all, or should he opposed, to preserve their necessary union. " Every laudable attempt of this kind by the good people of this Colony, in a Constitutional manner, hath been hitherto frustrated by the influence and authority of men in office, and their numerous dependents, and in every other natural and just way, by the various arts they have put in practice. We, therefore, the representatives of the extensive district of Darien, in the Colony of Georgia, being now assembled in Congress by the authority and free choice of the inhabitants of the said district, now freed from their fetters, do resolve " 1st. That the unparalleled moderation, the decent but firm and manly conduct, of the loyal and brave people of Bos ton and Massachusetts Bay, to preserve their liberty, deserves not only the applause and thanks of America, but also the imitation of all mankind. But to avoid needless repetition, we acquiesce and join in all the resolutions passed by the grand American Congress in Philadelphia last October." " 5th. To show the world that we are not influenced by any contracted or interested motives, but a general philan thropy for all mankind, of whatever climate, language, or complexion, we hereby declare our disapprobation and ab horrence of the unnatural practice of slavery in America (however the uncultivated state of our country, or other sne- cious arguments may plead for it) a practice founded in in justice and cruelty, and highly dangerous to our liberties (as well as lives), debasing part of our fellow-creatures below men, and corrupting the virtue and morals of the rest ; and is laying the basis of that liberty we contend for (and which we pray the Almighty to continue to the latest posterity) upon a very wrong foundation. We therefore resolve at all times to use our utmost endeavors for the manumission of our slaves in this Colony, upon the most safe and equitable footing for the masters and themselves." " ASSOCIATION. " Being persuaded that the salvation of the rights and lib erties of America depend, under God, on the firm union of the inhabitants in its vigorous prosecution of the measures necessary for its safety, and convinced of the necessity of preventing the anarchy and confusion which attend the dis solution of the powers of governments, we, the freemen, freeholders, and inhabitants of the Province of Georgia,being greatly alarmed at the avowed design of the Ministry to raise a revenue in America, and shocked by the bloody scene now acting in the Massachusetts Bay, do in the most solemn manner resolve never to become slaves, and do associate, under all the ties of religion, honor, and love of country, to 342 THE BIRTH OF THE REPUBLIC. adopt and endeavor to carry into execution whatever may be recommended by the Continental Congress or resolved upon by our Provincial Convention that shall be appointed for the purpose of preserving our Constitution, and opposing the execution of the several arbitrary and oppressive acts of the British Parliament, until a reconciliation between Great Britain and America on Constitutional principles, which we most ardently desire, can be obtained; and that we will in all things follow the advice of our General Committee to be ap pointed, respecting the purposes aforesaid the preservation of peace and good order and the safety of individuals and private property. [Signed] "Lach'n Mclntosh, Geo. Threadcraft, John Fulton, Chas. McDonald, Samuel Fulton, John Mclntosh, Isaac Cuthbert, Ray'd Demere, Isaac Hall, Jiles Moore, Jones Newsom, Samuel McCleland, A. Daniel Cuthbert, Peter Sallens, Jr., John Hall, James Clark, John McCullugh, Sr., Jno. Witherspoon, Jr., John McCullugh, Jr., Jno. Witherspoon, William McCullugh, Eeu. Shuttleworth, Paul Judton, John McCleland, John Roland, Richard Cooper, Pr. Shuttleworth, Seth McCullugh, Joseph Stobe, Thomas King." To. Bierry, " GEORGIA HOUSE OF ASSEMBLY, ) '* January, 1775. \ "The House, taking under consideration that the Parlia ment of Great Britain claim a power of right to bind the people of America by Statute in all cases whatsoever, and who have in some Acts expressly imposed taxes on the Americans, under various pretences, but in fact for the pur pose of raising a revenue, hath established a Board of Com missioners with unconstitutional powers, and extended the iurisdiction of the Courts of Admiralty, not only for col lecting the duties imposed by the said acts, but for the trial of causes merely arising within the body of the county. ' ' And whereas, Standing armies have been and now are kept in America in times of profound peace; and being resolved in Parliament that by force of a statute made in the thirty-fifth year of the reign of Henry the Eighth, Colonists may be transported to England and tried there, upon accusations of treasons, and misprisions or conceal ments of treason committed in the Colonies; and by a late Statute such trials have been directed in cases therein men tioned. And whereas, also, Assemblies have been frequently TEE BIRTH OF THE REPUBLIC. 343 dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances ; therefore this House doth, as Englishmen, their ancestors, in like cases have usually done for assisting and vindicating their rights and liberties, declare, " 1st. That the inhabitants of the English Colonies of North America, by the immutable laws of nature, the prin ciples of the English Constitution, and the several charters or compacts, have the following rights : " 2d. Thati they are entitled to life, liberty, and property, and they have never ceded to any Sovereign power whatever a right to dispose of either without their consent. " 3d. That our ancestors who first settled these Colonies were, at the time of their emigration from the mother- country, entitled to all the rights, liberties, and immunities of free and natural born subjects within the realm of Eng land. " 4th. That by such emigration they by no means for feited, surrendered or lost any of these rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them as their local and other circumstances enable them to exercise and enjoy. " 5th. That the foundation of English liberty and of all free government is a right in the people to participate in the Legislative Council, and, as the English Colonists are not represented, and from their local and other circumstances cannot properly be represented in the British Parliament, they are entitled to a free and exclusive power of legislation in their several Provincial Legislatures, where the right of representation can alone be preserved in all cases of taxation and internal polity, subject only to the negative of their Sovereigns in such manner as has been heretofore used and accustomed ; but from the necessity of the case, and a regard to the mutual interests of both countries, we cheerfully con sent to the operation of such acts of the British Parliament as are bonafide restrained to the regulation of our external commerce, for the purpose of securing the commercial ad vantages of the whole Empire to the mother- country, and the commercial benefits of its respective members, excluding every idea of taxation, internal or external, for raising a revenue on the subjects in America, without their consent. " 6th. That the respective Colonies are entitled to the Common Law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law. 4 7th. That they are entitled to the benefit of such of the English Statutes as existed at the time of their Colonization, and which they have by experience respectively found to be applicable to their several local and other circumstances. " 8th. That his Majesty's Colonies are likewise entitled to 344 THE BIKTH OF THE REPUBLIC. all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of Provincial laws. ' k 9th. That they; have a right peaceably to assemble and consider of their grievances, and petition the King ; and that all prosecutions, prohibitory proclamations, and commit ments for the same are illegal. "10th. That the keeping a standing army in these Colo nies in times of peace, without consent of the legislature of that Colony in which such army is kept, is against law. " llth. And it is indispensably necessary to good govern ment, and rendered essential by the English Constitution, that the constituent branches of the legislature be independ ent of each other. "Resolved, That the exercise of legislative power in any Colony, by a Council appointed during pleasure by the Crown, may prove dangerous and destructive to the freedom of American legislation. "All and each of which the Commons of Georgia, in General Assembly met, do claim, demand, and insist on their indubitable rights and liberties, which cannot be legally taken from them, altered or abridged by any person whatso ever, without their consent. " And whereas, There are many infringements and vio lations of the foregoing rights, which, from an ardent desire that harmony and mutual intercourse of affection and in terest may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the close of the last war, which demonstrate a system formed to enslave America. "'Resolved, That the following acts of Parliament are infringements and violations of the rights of the Colonists, and that the repeal of them is essentially necessary in order to restore harmony between Great Britain and the American Colonies, viz.: The several acts of 4 George the Third, chapter 15 and chapter 34 ; 5 George the Third, chapter 25 ; 6 George the Third, chapter 52 ; 7 George the Third, chapter 41 and chapter 46; 8 George the Third, chapter 22; which impose duties for the purpose of raising a revenue in America ; extend the powers of the Admiralty Courts beyond their ancient limits; deprive the American subjects of trial by jury; authorize the judge's certificate to indemnify the prosecutor from damages that he might be otherwise en titled to ; requiring oppressive security from a claimant of ships and goods seized before he shall be allowed to defend his property, and are subversive of American rights. Also 12 George the Third, chapter 24, entitled ' An Act for the better securing his Majesty's dock yards, magazines, ships, ammunition and stores,' which declares a new offence in America, and deprives the American subjects of a consti- THE BIRTH OF THE REPUBLIC. 345 tutional trial by jury of the vicinage, by authorizing the trial of any person charged with committing any offence described in the said act out of the realm, to be indicted and tried for the same in any shire or county within the realm. " Also the three acts, passed in the last session of Parlia ment, for stopping the port and blocking up the harbor of Boston ; for altering the Charter and government of Massa chusetts Bay; and that which is entitled 'An Act for the Better Administration of Justice," etc. " Also the act, passed in the same session, for establishing the Roman Catholic religion in the Province of Quebec, abolishing the equitable system of English laws, and erect ing a tyranny there, to the great danger, from so total a dis similarity of religion, law, and government, to the neighbor ing British Colonies, by the assistance of whose blood and treasure the said country was conquered from France. " Also the act, passed in the same session, for the better providing suitable quarters for officers and soldiers in his Majesty's service in North America. Also that the keeping a standing army in several of these Colonies in time of peace, without the consent of the legislature of that Colony in which such army is kept, is against law. "Resolved, That this House do present their most grate ful acknowledgments to those truly noble, honorable, and patriotic advocates of civil and religious liberty who have so generously and powerfully, though unsuccessfully, espoused and defended the cause of America both in and out of Par liament. " Resolved, That the thanks of this House be given to the members of the late Continental Congress for their wise and and able exertions in the cause of American liberty. "Resolved, That ... be deputies to represent this Prov ince in the intended American Continental Congress, pro posed to be held at the city of Philadelphia on the 10th of May next, or any other place or time as may hereafter be agreed on by the said Congress. "Ordered, That Mr. Speaker do transmit a copy of the above resolves to the Honourable Peyton Randolph, Esquire, President of the said Congress." Association entered into by forty -five of the deputies assembled in Pro vincial Congress at Savannah, in Georgia, on the 18th of January, 1775, and by them subscribed on the 23d, when they chose Noble Wimberly Jones, Archibald Bullock, and John Houston, Esquires, Delegates to represent that Colony in the Continental Congress to be held in May next : "Whereas, A non-importation, non-consumption, and non- exportation agreement, faithfully adhered to, will probably 346 THE BIRTH OF 1 THE REPUBLIC. prove the most speedy, effectual, and peaceable measure to obtain redress of American grievances ; we do, therefore, for ourselves and our constituents, firmly agree and associate, under the sacred ties of virtue, honor, and love of country, as follows : ' ' 1st. That we will not receive into this Province any goods, wares, or merchandise that shall be shipped from Great Britain or Ireland after the 15th day of March next ; or from any other place such goods, wares, or merchandises as shall be shipped from those kingdoms after that time, except such as come under the rules and directions of the ninth article herein mentioned, and except such goods, wares, or mer chandises as are absolutely necessary for carrying on the Indian trade, subject nevertheless to the control of the Con tinental Congress, intended to be held at Philadephia on the 10th day of May next. Nor will we from this day import or purchase any tea from any part of the world, nor import any molasses, syrups, paneles, coffee, or pimento from the Brit ish plantations, or from Dominica, nor wines from Madeira, or the West Indies, nor foreign indigo. " 2d. That we will neither import nor purchase any slaves imported from Africa or elsewhere, after the 15th day of March next. "3d. That we will not export any merchandise or com modity whatever to Great Britain or Ireland, or to the West Indies, after the 1st day of December next, except rice to Europe. "4th. Such as are merchants and use the British and Irish trade will give orders as soon as possible to their fac tors, agents, and correspondents in Great Britain and Ire land not to ship any goods to them on. any pretence what ever, as they cannot be received in Georgia; and if any merchants residing in Great Britain or Ireland shall directly or indirectly ship any goods, wares, or merchandise for this Province in order to break such non-importation agreement or in any manner contravene the same, on such unworthy conduct being well attested, it ought to be made public ; and on the same being so done, we will not from thenceforth have any commercial connection with said merchant. "5th. That such as are owners of vessels will give posi tive orders to their captains or masters not to receive on board their vessels any goods prohibited by the said non importation agreement on pain of immediate dismission from their service." Meeting of the Inhabitants of Savannah, Ga. "At a meeting of sundry gentlemen at Savannah on Monday, June 26, 1775, it was unanimously, " 'Resolved, That the present acts of Parliament tending to raise a revenue in America are grievances. THE BIRTH OF THE REPUBLIC. 347 " 'Resolved, therefore, That we will do all that we legally may to obtain redress of those grievances. *' 'Resolved, That Friday, the 30th instant, June, at 9 o'clock A. M., at the house of Mrs. Cuyler, be a day ap pointed for a meeting, in order to consult the most expe dient method to obtain redress. ' " "PROVINCIAL CONGRESS OP GEORGIA, [ Thursday, July 6, 1775. f "The order of the day being read, the same was taken into consideration, and after some deliberation it was unani mously, " *1. Resolved, That this Province will adopt and carry into execution all and singular the measures and recom mendations of the late Continental Congress. u ' 2. Resolved in particular, That we, in behalf of ourselves and our constituents, do adopt and approve of the American Declaration or Bill of Rights published by the late Continen tal Congress, and also of their several resolves made in con sequence of some infractions thereof. " ' 3. That from and after this day we will not receive into this Province any goods, wares, or merchandise shipped from Great Britain or Ireland ; or from any other place any such goods, wares, or merchandise as shall have been exported to Great Britain or Ireland; nor shall we import any East India tea from any part of the world, nor any molasses, syrups, paneles, coffee, or pimento from the British planta tions or from Dominica, nor wines from Madeira or the Western Islands, nor foreign indigo. " ' 4. That we will neither import nor purchase any slaves imported from Africa, or elsewhere, after this day. " ' 5. As a n on -consumption agreement strictly adhered to will be an effectual security for the observation of the non importation, we as above solemnly agree and associate that from this day we will not purchase or use any tea imported on account of the East India Company, or any on which a duty hath or shall be paid ; and we will not purchase or use any East India tea whatever, nor will we, nor shall any per son for or under us, purchase any of these goods, wares, or merchandise we have agreed not to import, which we shall know or have cause to suspect were imported after this day. " ' 6. The earnest desire we have, not to injure our fellow- subjects in Great Britain and Ireland and the West Indies, induces us to suspend a non-exportation until the tenth day of September, 1775, at which time, if the acts and parts of acts of the British Parliament hereinafter mentioned are not repealed, we will not directly or indirectly export any mer chandise or commodity whatever to Great Britain or Ire land or the West Indies, except rice to Europe. 7. Such as are merchants, and use the British and Irish U I 348 THE BIRTH OF THE REPUBLIC. trade, will give orders as soon as possible to their factors, agents, and correspondents in Great Britain and Ireland not to ship any goods to them on any pretence whatever, as they cannot he received in this Province ; and if any merchant residing in Great Britain or Ireland shall directly or indi rectly ship any goods, wares, or merchandise for America in order to break the said non-importation agreement or in any manner contravene the same, on such unworthy con duct being well attested, it ought to be made public ; and on the same being so done, we will not from thenceforth have any commercial connections with such merchant. " ' 8. That such as are owners of vessels will give positive orders to their captains or masters not to receive on board their vessels any goods prohibited by the said non-importa tion agreement, on pain of immediate dismission from their service.' " Monday, July 10, 1775. " The following resolves were unanimously entered into: " * Whereas, By the unrelenting fury of a despotic Minis try, with a view to enforce the most oppressive acts of a venal and corrupt Parliament, an army of mercenaries, under an unfeeling commander, has actually begun a civil war in America ; and whereas the apparent iniquity and cruelty of these destructive measures have however had this good effect, to unite men of all ranks in the common cause; and whereas, to consult on means of safety and the method of obtaining redress, the good people of this Province of Geor gia have thought proper to appoint a Provincial Congress, the delegates met at said Congress, now assembled from every part of the Province, besides adopting the resolutions of the late Continental Congress, find it prudent to enter into such other resolutions as may best express their own sense, and the sense of their constituents, on the present un happy situation of things ; and therefore thought fit and nec essary to resolve as follows, viz. : " 'Resolved, That we were born free, and are entitled to all the natural rights of mankind. " 'Resolved, That by birth or incorporation we are all Britons; and whatever Britons may claim as their birth rights, is also ours. ' ' ' Resolved , That in the British empire, to which we belong, the Constitution is superior to every man or set of men whatever ; and that it is a crime of the deepest dye, in any instance, to impair or take it away, or deprive the meanest subject of its benefits. " 'Resolved, That in that part of the American continent which we inhabit was originally granted by the Crown and the Charter from Charles the Second, and expressly makes its Constitutional dependence on the Crown only. " * Resolved, That those who would now subject all Amer- THE BIRTH OF THE REPUBLIC. 349 ica, or this Province, to dependency on the Crown and Par liament, are guilty of a very dangerous innovation, which in time will appear as injurious to the Crown as it is incon sistent with the liberty of the American subject. '"Resolved, That by the law of nature and the British Constitution, no man can legally be deprived of his property without his consent, given by himself or his representatives. " 'Resolved, That the acts of the British Parliament for raising a perpetual revenue on the Americans by laying a tax on them without their consent and contrary to their protestations, are diametrically opposite to every idea of property, to the spirit of the Constitution, and at one stroke deprives this vast continent of all liberty and property, and as such must be detested by every well-wisher to Great Britain and America. " 'Resolved, That the subsequent laws made with a view to enforce these acts, viz, the Boston Port Bill, the altera tion of their Charter, the act to carry beyond sea for trial, and (what refines upon any species of cruelty) the Fishery Bill, are of such a complexion that we can say nothing about them for want of words to express our abhorrence and detestation. " 'Resolved, That the loyalty, patience, and prudence of the inhabitants of New England, under their unparalelled pressures, having been construed into a timidity and dread of regular troops, a civil war in support of acts extremely oppressive in themselves hath actually been begun, and that there is too much reason to believe that plans have been in agitation big with everything horrible to other Provinces plans as rash, barbarous, and destructive as the cause which they were intended to serve. "' Resolved, That in these times of extreme danger, our Assembly not being permitted to sit, we must either have been a people without all thought or counsel, or have assem bled as we now are in Provincial Congress, to consult upon measures which, under God, may prove the means of a per petual union with the mother-country and tend to the honor, freedom, and safety of both. " ' Resolved, That the Province bears all true allegiance to our own rightful sovereign, King George the Third, and always will and ought to bear it, agreeable to the Constitu tion of Great Britain, bv virtue of which only the King is now our sovereign, and which equally bind, Majesty and subjects. " ' Resolved, That we are truly sensible how much our hap piness and safety depend on a Constitutional connection with Great Britain ; and that nothing but the being deprived of the privileges and natural rights of Britons could ever make the thought of a separation otherwise than intol erable, 350 THE BIRTH OF THE REPUBLIC. " 'Resolved, That in case his Majesty or his successors shall at any time hereafter make any requisition to the good people of this Province by his representative, it will be just and right that such sums should be granted as the nature of the service may require and the ability and situation of this Province will admit of. u * Eesolved, That this Province join with all the Provinces in America, now met by Delegates in Continental Congress, and that John Houston and Archibald Bullock, Esquires, the Rev. Dr. Zubly, Lyman Hall, and Noble Wimberly Jones, Esquires, be the Delegates from this Province, and that any three constitute a quorum for that purpose. " * Resolved, That a committee be appointed whose duty it shall be to see that the resolutions of the Continental and Provincial Congresses be duly observed ; and that every per son who shall act in opposition thereto shall have his name transmitted to the Continental Congress and his misdeeds published in every American paper. " Temporary Constitution of Georgia. " Colony of Georgia : " Whereas, The unwise and iniquitous system of adminis tration qbstinatelv persisted in by the British Parliament and Ministry, against the good people of America, hath at length driven the latter to take up arms, as their last re source, for the preservation of their rights and liberties which God and the Constitution gave them ; "And whereas, An armed force, with hostile intentions against the people of this Province, having lately arrived at Cockspur, his Excellence Sir James Wright, Baronet, the King's Governor of Georgia, in aid of the views of Adminis tration, and with a design to add to those inconveniences which necessarily flow from a state of confusion, suddenly and unexpectedly withdrew himself from his government, carrying off the great seal of the Province with him ; "And whereas in consequence of this and other events, doubts have arisen with the several magistrates how far they are authorized to act under their former appointments, and the greatest part of them have absolutely refused to do so, whereby all judicial powers are become totally suspended, to the great danger of persons and property : " 1st. That there shall be a President and Commander-in- Chief appointed by ballot in this Congress for six months, or during the time above specified. "2d. That there shall in like manner, and for the like time, be also a Council of Safety, consisting of ^thirteen per sons (besides the five Delegates to the general Congress), appointed to act in the nature of a Privy Council to the said president or commander in-chief . "3d. That the President shall be invested with all the THE BIRTH OF THE REPUBLIC. 351 executive powers of Government, not inconsistent with what is hereafter mentioned, but shall be bound to consult and follow the advice of the said Council in all cases whatso ever; and any seven of the said Council shall be a quorum for the purpose of advising. U 4th. That all the laws, whether common or statute, and the acts of Assembly which have formerly been acknowl edged to be of force in this Province, and which do not in terfere with the proceedings of the Continental or our Pro vincial Congresses, and also all and singular the resolves and recommendations of the said Continental and Provin cial Congresses, shall be of full force, validity, and effect, until otherwise ordered. ' ' 5th. That there shall be a chief -justice, and two assistant judges, an attorney-general, a provost-marshal, and clerk of the Court of Sessions appointed by ballot to serve during the pleasure of the Congress. The Court of Sessions or Oyer and Terminer shall be opened and held on the second Tues day in June and December, and the former rules and meth od of proceeding, as nearly as may be, shall be observed in summoning of juries, and all other cases whatever. " 6th. That the president or commander-in-chief, with the advice of the Council as before mentioned, shall appoint magistrates to act during pleasure in the several parishes throughout this Province ; and such magistrates shall con form themselves as nearly as may be to the old-established form and methods of proceeding. u 7th. That all legislative powers shall be reserved to the Congress; and no person who holds any place of profit, civil or military, shall be eligible as a member, either of the Congress or Council of Safety." Georgia Council of Safety. "At a meeting of the Council of Safety, 30th April, 1776, Present: John Wereat, Ben jamin Andrews, George Walton, John Girardeau, Samuel Salters, Jonathan Bryan, Daniel Roberts, "Resolved, That the following address be presented to his Excellency the president ; and that Messrs. Wereat and Roberts do wait on his Excellency to know when he will be pleased to receive the same : " ( To his Excellency Archibald Bullock, Esquire, President and Commander-in- chief of tfie Province of Georgia : " ' The address of the Council of Safety for the said Province : " ' May it please your Excellency: The long session of the late Congress, together with the season of the year, called particularly for a speedy recess ; and the House having ad journed while you were out of town, it becomes more par* 352 THE BIRTH OF THE REPUBLIC. ticularly necessary for us to address your Excellency. All therefore, with unfeigned confidence and regard, beg leave to congratulate, not only your Excellency on your appoint ment to, but your country on your acceptance of, the su preme command in this Province. " 'It would be needless and tedious to recount the vari ous, and yet multiplying oppressions, which have driven the people of this Province to erect that government which they have called upon you to see executed ; suffice it then to de clare that it was only an alternative of anarchy and misery, and by consequence, the effect of dire necessity. " 'Your Excellency will know that it was the endeavor of the Congress to stop every avenue of vice and oppression lest the infant virtue of a still more infant Province might in time rankle into corruption ; and we doubt not that by your Excellency's exertions all the resolutions made or adopted by Congress will be enforced with firmness without any regard to any individual or any set of men ; for no gov ernment can be said to be established while any part of the community refuses submission to its authority. In the dis charge of this arduous and important task your Excellency may rely on our constant and best endeavors to assist and support you. ' " Messrs. John Wereat and Daniel Roberts waited on the president, who informed them that he would be ready to receive their address on to-morrow morning at nine o'clock.' " May 1, 1776. u The board waited on his Excellency the president with their address, to which he was pleased to give the following answer : " ' To the Honourable tJie Members of the Council of Safety of the Province of Georgia: 11 'HONOURABLE GENTLEMEN: I am much obliged to you for your kind expressions of congratulation on my appoint ment to the supreme command of this Colony. " 'When I reflect from whence the appointment is de rived, that of the free and uncorrupt suffrages of my fel low-citizens, it cannot fail to stimulate me to the most vigorous exertions in the discharge of the important duties to which I am called by our Provincial Congress. While I have the advice and assistance of gentlemen of known in tegrity and abilities, I doubt not but I shall be enabled to enforce and carry into execution every resolve and law of Congress. Arid as far as lies with me, my country may de pend I will with a becoming firmness and the greatest im partiality, always endeavour to cause justice in mercy to te executed. " 'ARCHIBALD BULLOCK.' " THE BIRTH OF THE REPUBLIC. 353 " WlLLIAMSBURG, VA., ) June 15, 1776. j "This day arrived in town from Georgia, on his way to the general Congress, George Walton, Esq., one of the Dele gates from that Province; also Lieutenants Walton and Pannell on the recruiting service. By these gentlemen we learn that the Constitution of Georgia have authorized their Delegates in Congress to concur in any scheme which may be proposed for the benefit of the United Colonies, even to a total separation from Great Britain, and that in the mean while a form of government had been established in the Province." CHAPTER VIII. THE Continental Congress was a popular convention, not differently constituted from the party conventions of the present day. It is true that the Delegates from some of the Colonies were authorized or elected by the General As semblies ; but others were chosen by popular meetings or conventions. Even those who were sent up by the Assem blies could be clothed with no legal authority, for the reason that there was no authority given in the Colonial Charters for organizing a federal legislature. It is also true that it was no part of the policy of the Colo nies to confer legislative authority upon the Federal Congress ; and such authority was never given until the Constitution was adopted. The Congress could declare war, raise armies, appoint commanders, and even declare independence. It could declare what revenues were necessary to support and equip the armies, and how much should be contributed by each Colony ; but it could not levy and collect taxes in any form. It could not pass a tariff act of duties on imported goods; nor impose direct taxes; nor establish a system of excise laws, or taxes upon consumption. And in the want of this power of taxation, it wanted everything essential to a government. Nothing but the patriotic devotion of the people to the common cause of liberty gave any strength to this voluntary system; and nothing else gave any force to the ordinances and resolutions of the Congress. No authori ty to enact laws was ever asserted or claimed by the Con gress. In November, 1777, after the revolted Colonies had become States, an effort was made to give legality to the Congress, by the adoption of Articles of Confederation. But the new States were still too tenacious of their individual sovereign ty to part with the power of taxation. The result was that the "Congress of the Confederation" remained as weak as the " Continental Congress" had been. The Articles, indeed 354 THE BIRTH OF THE HEPUBLIC. were not adopted or ratified by all the States, and put in force until March, 17S1, only eight months before the last battle for independence was fought, at Yorktown. It would be difficult to point to a single clause or section of the Articles which conferred any additional power upon the Congress which had not been exercised from 1775 forward. The Articles of Confederation are as follows : ARTICLES OF CONFEDERATION AND PERPETUAL UNION BETWEEN THE STATES. The following have been critically compared with the original Articles of Confederation in the Department of State, and found to conform minutely to them in text, let ter, and punctuation. It may therefore be relied upon as a true copy :* "TO ALL TO WHOM THESE PRESENTS SHALL COME, WE THE UNDERSIGNED DELEGATES OF THE STATES AFFIXED TO OUR NAMES, SEND GREETING. Whereas the Delegates of the United States of America in Congress assembled did on the 15th day of November in the year of our Lord 1777, and in the Second Year of the Inde pendence of America agree to certain articles of Confedera tion and perpetual Union between the States of New Hamp shire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsyl vania, Delaware, Maryland, Virginia, North-Carolina, South- Corolina, and Georgia, in the words following, viz. "ARTICLES OF CONFEDERATION AND PERPET UAL UNION BETWEEN THE STATES OF NEW-HAMP SHIRE, MASSACHUSETTS-BAY, RHODE-ISLAND AND PROVIDENCE PLANTATIONS, CONNECTICUT, NEW- YORK, NEW JERSEY, PENNSYLVANIA, DELAWARE, MARYLAND, VIRGINIA, NORTH-CAROLINA, SOUTH- CAROLINA, AND GEORGIA. "ARTICLE I. The Stile of this Confederacy shall be ' The United States of America.' "ARTICLE II. Each State retains its sovereignty, free dom and independence, and every Power, Jurisdiction and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled. "ARTICLE III. The said States hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereign ty, trade, or any other pretence whatever. . " ARTICLE IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this union, the free inhabitants of each of *Hickey's Constitution. THE BIRTH OF THE REPUBLIC. 355 these states, paupers, vagabonds, and fugutives from Justice excepted, snail be entitled to all privileges and immunities of free citizens in the several States ; and the people of each state shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other state of which the Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the United States or either of them. " If any person guilty of, or charged with treason, felony, or other high misdemeanor in any State, shall flee from Justice, and be found in any of the United States, he shall upon demand of the Governor or executive power, of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence. " Full faith and credit shall be given in each of these States to the records, acts and judicial proceedings of the courts and magistrates of every other state. "ARTICLE V. For the more convenient management of the general interest of the United States, delegates shall be annually appointed in such manner as the legislature of each State shall direct, to meet in Congress on the first Monday -in November, in every year, with a power reserved to each State, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year. "No State shall be represented in Congress by less than two, nor by more than seven members ; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a dele gate, be capable of holding any office under the United States, for which he, or another for his benefit receives any salary, fees or emolument of any kind. "Each State shall maintain its own delegates in any meeting of the States, and while they act as members of the committee of the States. ' ' In determining questions in the United States, in Con gress assembled, each State shall have one vote. ' ' Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place out of Con gress, and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on Congress, except for treason, felony, or breach of the peace. "ARTICLE VI. No' State without the consent of the United States in Congress assembled, shall send any embassy 356 THE BIRTH OF THE REPUBLIC. to, or receive any embassy from, or enter into any confer ence, agreement, alliance or treaty with any King, prince or State ; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign State ; nor shall the United States in congress assembled, or any of them, grant any title of nobility. " No two or more States shall enter into any treaty, Con federation or alliance whatever between them, without the consent of the United States in congress assembled, specify ing accurately the purposes for which the same is to be entered into, and how long it shall continue. " No State shall lay any imposts or duties, which may in terfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain. "No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defence of such State, or its trade ; nor shall any body of forces be kept up by any State, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the torts necessary ror the defence of such State ; but every State shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and have constantly ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage. " No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have received cer tain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay, till the United States in Congress assembled can be consulted : nor shall any State grant com missions to any shins or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or State and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress as sembled, unless such State be infested by pirates, m which case vessels of war may be fitted out for that occasion, and keut so long as the danger shall continue, or until the United States in Congress assembled shall determine other wise. 11 ARTICLE VII. When land-forces are raised by any State THE BIRTH OF THE REPUBLIC. 367 for the common defence, all officers of or under the rank of Colonel, shall be appointed by the legislature of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment. "ARTICLE VIII. All charges of war, and all other ex penses that shall be incurred for the common defence or general welfare, and allowed by the United States in Con gress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States, in proportion to the value of all land within each State, granted to or sur veyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress assembled, shall from time to time, direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States within the time agreed upon by the United States in Congress as sembled. " ARTICLE IX. The United States in Congress assembled, shall have the sole and exclusive right and power of deter mining on peace and war, except in the cases mentioned in the 6th article of sending and receiving ambassadors- entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or im portation of any species of goods or commodities whatsoever of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated of granting letters of marque and reprisal in times of peace appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures provided that no member of Congress shall be appointed a judge of any of the said courts. "The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction, or any other cause whatever ; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress, stating the matter in (question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or ex ecutive authority of the other State in controversy, and a THE BIRTH OP THE REPUBLIC. day assigned for the appearance of the parties by their law ful agents* who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question : but if they cannot agree. Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, tho petitioners begin ning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Con gress be drawn out by lot, and the persons whose names- shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination : and if either party- shall neglect to attend at the day appointed, without show ing reasons, which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the secretary of Congress shall strike in behalf of such parCy absent or re fusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive ; and if any of the parties shall refuse to sub mit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like man ner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned : provided that every commissioner be fore he sits in judgment, shall take an oath to be admin istered by one of the judges of the Supreme or Superior Court of the State, where the cause shall be tried, ' well and truly to hear and determine the matter in question, accord ing to the best of his judgment, without favour, affection or hope of reward :' provided also that no State shall be deprived of territory for the benefit of the United States. "All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdictions as they may respect such lands, and the States which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the Congress of the United States, be finally determined as near as may be in the same manner as is before prescribed for deciding dis putes respecting the territorial jurisdiction between different States. " The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the THE BIRTH OF THE REPUBLIC. 359 alloy and value of coin struck by their own authority, or by that of the respective States fixing the standard of weights and measures throughout the United States regulating the trade and managing all affairs with the Indians, not mem bers of any of the States, provided that the legislative right of any state within its own limits be not infringed or vio latedestablishing or regulating post-offices from one State to another, throughout all the United States, and exacting such postage on the papers passing thro' the same as may be requisite to defray the expenses of the said office- appointing all officers of the land forces, in the service of the United States, excepting regimental officers appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States mak ing rules for the government and regulation of the said land and naval forces, and directing their operations. "The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated * A Committee of the States,' and to consist of one delegate from each State ; and to ap point such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction to appoint one of their number to preside, provided that no person be allowed to serve in the office of President more than one year in any term of three years ; to ascertain the necessary sums of Money to be raised for the service of the United States, and to appropri ate and apply the same for defraying the public expenses to borrow money, or emit bills on the credit of the United States, transmitting every half year to the respective States an account of the sums of money so borrowed or emitted to build and equip a navy to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State ; which requisition shall be binding, and there upon the legislature of each State shall appoint the regimen tal officers, raise the men and cloath, arm and equip them in a soldier like manner, at the expense of the United States ; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States in Congress assembled : But if the United States in Congress assembled shall, on con sideration of circumstances judge proper that any State should not raise men, or should raise a smaller number than its quota, and that any other State should raise a greater num ber of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed, and equipped in the same manner as the quota of such State, unless the legisla ture of such State shall judge that such extra number can not be safely spared out of the same, in which case the/ 360 THE BIRTH OF TEE REPUBLIC. shall raise, officer, cloath, arm, and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. "The United States in Congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and wel fare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor ap propriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a Commander-in-Chicf of the Army or Navy, unless nine States assent to the same : nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the United States in Congress assembled. " The Congress of the United States shall have power to ad journ to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each State on any question shall be entered on the Journal, when it is desired by any delegate ; and the delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislature of the several States. " ARTICLE X. The Committee of the States, or any nine of them, shall be authorized to execute, in the recess of Con gress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with ; pro vided that no power be delegated to the said committee, for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States as sembled is requisite. "ARTICLE XI. Canada acceding to this Confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this union: but no other Colony shall be admitted into the same, unless such admission be agreed to by nine States. "AETICLE XII. All bills of credit emitted, monies bor rowed and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present Confederation, shall be deemed THE BIRTH Off Tim REPUBLIC. 361 and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged. "ARTICLE XIII. Every State shall abide by the deter minations of the United States in Congress assembled, on all questions which by this Confederation is submitted to them. And the articles of this Confederation shall be inviolably observed by every State, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them ; unless such alteration be agreed to in a Con gress of the United States, and be afterwards confirmed by the legislatures of every State. "And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respec tively represent in Congress, to approve of, and to authorize us to ratify the said Articles of Confederation and perpetual union. Know Ye that we the undersigned delegates, by virtue of the power and authority to us given for that pur pose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual union, and all and singular the matters and things therein contained : And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said Confederation are submitted to them. And that the articles thereof shall be inviolably observed by the States we respec tively represent, and that the union shall be perpetual. In witness whereof we have hereunto set our hands in Con gress. Done at Philadelphia in the state of Pennsylvania the 9th day of July, in the year of our Lord, 1778, and in the 3d year of the Independence of America. 'On the part and John Wentworth, jun August 8, 1778 Josiah Bartlett, John Hancock, Samuel Adams, Elbridge Gerry, William Ellery, Henry Marchant, Roger Sherman, Samuel Huntington, Oliver Wolcott, Jas. Duane, Fras. Lewis, Francis Dana, James Lovell, Samuel Holten John Collins Titus Hosmer, Andrew Adam "William Duer, Gouvr. Morris behalf of the state of New Hamp shire. On the part and behalf of the state of Massachusetts- Bay. On the part and behalf of the state -{ of Rhode Island and Providence ( Plantations. On the part and behalf of the state of Connecticut. On the part and behalf of the state of New-York. 362 THE BIRTH OF THE REPUBLIC. Jno. Witherspoon, Robt. Morris, Daniel Roberdeau, Jon'a. Bayard Smith Tho. M'Kean, Feb. 12, 1779, John Dickinson, May 5, 1779, John Hanson, March 1st, 1781, Richard Henry Lee, John Banister, Thomas Adams, Kathl. Scudder William Clingan, Joseph Reed, 22d July, 1778 Nicholas Van Dyke fOn the part and behalf of the state < of New- Jersey, I November 26th, L1778. On the part and behalf of the state of Pennsylvania. On the part and behalf of the state of Delaware. John Penn, July 1st, 1778, Henry Laurens, Daniel Carroll, March 1st, 1781, Jno. Harvie, Francis Lightfoot Lee Corns Harnett, Jno. Williams Jno. Matthews, Jno. Walton, 24th July, 1778, Edward Telfair, Edw'd Lang worthy, On the part and behalf of the state of Maryland. On the part and behalf of the state of Virginia. On the part and behalf of the state of North Caroli na. fOn the part and I behalf of the state 1 of South Caroli- [na. On the part and behalf of the state of Georgia. " The reader of American history will recall the many and often fruitless appeals of the Congress, and of Washington as the head of the army, upon the States, for compliance with the requisitions which were made upon them. Great losses of opportunity were incurred, and failures were caused, by the tardiness or neglect of the States to pay their quotas of money; and in many cases nothing but the immediate danger of invasion by the enemy could spur the laggard Assemblies, and induce them to impose and collect the necessary taxes. The historical fact that independence was achieved by the force of patriotic fervor, unsupported by authority in the Federal government, is eminently honorable to the Amer ican people. But it soon became manifest, when the strug gle was over, that the voluntary principle in the Federal head was not equal to the task of paying the national debt, providing pensions for the soldiers, nor even of holding the States under a common government, which was acknowl edged to be essential to the maintenance of independence. All attempts to confer the taxing power upon the Congress during the war had failed ; but now it had become a ques tion of life or death to the Union, and the wise and able men North and South united in common efforts to form a more THE BIRTH OF THE REPUBLIC. 363 perfect union. Slowly the people came to see and acquiesce - in the necessity. Even before the articles went into effect, March 1, 1781, their inadequacy to the wants of the Union was perceived ; and in February of that year, a member of the Congress from New Jersey moved that the States be called on to con fer upon that body the power to raise revenue by duties on imports. This recommendation was adopted, and the States one by one acquiesced in it except Rhode Island. The Leg islature of that State refused to confer the power for the reasons, First, "That the proposed duty would be unequal in its operation, bearing hardest upon the most commercial States, and so would press peculiarly hard upon that State, which draws its chief support from commerce." Second, "That the recommendation proposes to introduce into that and the other States officers unknown and unac countable to them, and so is against the Constitution of the State." Third objection, "That by granting to Congress a power to collect moneys from the commerce of these States indefi nitely as to time and quantity, and for the expenditure of which they would not be accountable to the States, they would become independent of their constituents and sot he proposed impost is repugnant to the liberty of the United States." These objections of Ehode Island to the recommendation of Congress were forwarded to that body by the speaker of the Assembly; whereupon Messrs. Alexander Hamilton of New York, James Madison of Virginia, and Thomas Fitz- simmons of Pennsylvania were appointed a committee to take them into consideration. Their report is one of the most able and lucid documents of the Revolutionary period. It was approved by the Congress. Similar resolutions or recommendations to the States were adopted by Congress, urging that Congress be invested with authority to raise revenue for the purpose of restoring and maintaining the lost credit of the Union. The resolutions were forwarded to the States, accompanied by an address prepared by Messrs. Madison, Ellsworth, and Hamilton. The reply to the Rhode Island Assembly was from the pen of Mr. Hamilton. This address to the States was written by Mr. Madison. It concludes with the following memorable passage : " Let it be remembered, finally, that it has ever been the pride and boast of America that the rights for which she contended were the rights of human nature. By the bless ings of the Author of these rights, on the means exerted for their defence, they have prevailed against all opposition, and form the basis of thirteen independent States. No in- 364 THE BIRTH OF THE REPUBLIC. stance has therefore occurred, nor can any instance be ex pected hereafter to occur, in which the unadulterated forms of republican government can pretend to so fair an opportu nity of justifying themselves by their fruits. In this view the citizens of the United States are responsible for the greatest trust ever confided to a political society. If jus tice, good faith, honor, gratitude, and all the other qualities which ennoble the character of a nation and fulfil the ends of government be the fruits of our establishments, the cause of liberty will acquire a dignity and lustre which it has never yet enjoyed, and an example will be set which cannot but have the most favorable influence on the rights of man kind. If, on the other side, our government should be unfor tunately blotted with the reverse of these cardinal and es sential virtues, the great cause which we have 1 engaged to vindicate will be dishonored and. betrayed, the last and fairest experiment in favor of the rights of human nature will be turned against them, and their patrons and friends exposed to be insulted and silenced by the votaries of tyr anny and usurpation." Apart from the impossibility of raising the necessary rev enue to support the general government and pay the inter est of the public debt, there was the great embarrassment of commerce resulting from the conflicting regulations of the thirteen States. Great Britain, although constrained by the pressure of circumstances, to concede independence, took pleasure in crippling the trade of the republic. It became eminently expedient, therefore, for the States to concede to Congress the power to regulate commerce ; and on the 30th April, 1784, the subject was teken up, on the report of a committee consisting of Messrs. Gerry of Mas sachusetts, Eeed of Pennsylvania, Williamson of North Carolina, Chase of Maryland, and Jefferson of Virginia, to whom had been referred sundry letters and papers rela tive to commercial matters. Among the complaints, as stated in the report as approved by the Congress, was the statement that " Already has Great Britain adopted regu lations destructive of our commerce with the West India Islands. ... It would be the duty of Congress, as it is their wish, to meet the attempts of Great Britain with similar restrictions on her commerce ; but their powers on this head are not explicit, and the propositions made by the legisla tures of the several States render it necessary to take the general sense of the Union on this subject. Unless the United States, in Congress assembled, shall be vested with powers competent to the protection of conimerce, they can never command reciprocal advantages in trade; and with out these, our foreign commerce must decline and event ually be annihilated." The Congress therefore resolved, THE BIRTH OF THE REPUBLIC. 365 "That it be and hereby is recommended to the Legisla tures of the several States, in Congress assembled, to invest Congress for the term of fifteen years with power to prohibit any goods, wares, or merchandise from being imported into or exported from any of the States in vessels belonging to or navigated by the subjects of any power with whom these States shall not have formed treaties of commerce. "Resolved, That it be and it hereby is recommended to the Legislatures of the several States to vest the United States, in Congress assembled, for the term of fifteen years, with the power of prohibiting the subjects of any foreign state, kingdom, or empire, unless authorized by treaty, from importing into the United States any goods, wares, or merchandise which are not the produce or manufacture of the dominions of the sovereign whose subjects they are. "Provided, That to all acts of the United States, in Con gress assembled, in pursuance of the above powers, the as sent of nine States shall be necessary. " These propositions of the Congress to the States, like those asking for power to impose duties on imports, were never assented to. July 13, 1785, The Congress took into consideration a proposition of Mr. Monroe, of Virginia, to vest in that body the power to regulate trade ; but past experience suggested the propriety of leaving it to the State Legislatures to initiate proceedings of the kind. February 15, 1786, the subject was again up before the Congress, and a committee to whom it was referred con sisting of Mr. King of Massachusetts, Mr. Pinckney, of South Carolina, Mr. Kean of Pennsylvania, Mr. Monroe of Virginia, and Mr. Pettit of Pennsylvania made a report setting forth the inefficiency of the confederation ; in which it is said that, "In the course of this inquiry, it most clearly appeared that the requisitions of Congress for eight years past have been so irregular in their operation, and so evidently unpro ductive, that a reliance on them in future as a sourse from whence moneys are to be drawn to discharge the engage ments of the Confederacy, definite as they are in time and amount, would be not less dishonourable to the understand ings of those who entertain such confidence that it would be dangerous to the welfare and peace of the Union. The committee are therefore seriously impressed with the indis pensable obligation that Congress are under, of representing to the immediate and impartial consideration of the several States the utter impossibility of maintaining and preserving the faith of the Federal Government by temporary requisi tions on the States, and the consequent necessity of an early and complete accession of all the States to the revenue sys tem of the 18th of April, 1783." 366 THE BIETU OF THE REPUBLIC. It was resolved, by Congress, in conformity with this re port, that the system of general revenue recommended on the 18th of April, 1783, he again presented to the considera tion of the State Legislatures. It was not surprising that the States refused to clothe the Congress of the Confederation with the power of taxation, and with other attributes of government, in view of the radical defects in its organization. It was a fundamental principle with the Confederation that each State was the ecpal in power and authority with any other, without the slightest regard to wealth or population. Each State, upon every measure, was entitled to but one vote, however many Delegates they might send to the Congress. They must send at least two, and might send seven; but whether two or seven, they could cast but one vote. This arrangement placed Delaware and Rhode Island on an equality of power with Virginia and Massachusetts, or with Pennsylvania, North Carolina, and New York. The principle was wrong-; and it is well that the power of taxation was not conferred on that condition. It is true that nearly all the States agreed to confer the powers asked for, but upon various conditions, which rendered their consent of no avail. At length a movement was made in the Virginia Legisla ture which led to the call of a convention with larger pow ers in the remodelling of the Federal system of government. On the 21st of January, 1786, the House of Delegates of that State came to the following resolution: "Resolved, That Edmund Randolph, James Madison, Junior, Walter Jones, Saint George Tucker, Merriwether Smith, David Ross, William Ronald, and George Mason, Esquires, be appointed commissioners who, or any five of whom, shall meet such commissioners as may be appointed by the other States in the Union, at a time and place to be agreed on, to take into consideration the trade of the United States ; to examine the relative situations and trade of the States ; to consider how far a uniform system in their com mercial regulations may be necessary to their CQmmon in terest and their permanent harmony ; and to report to the several States such an act relative to this great object as, when unanimously ratified by them, will enable the United States, in Congress assembled, effectually to provide for the same; that the said commissioners shall immediately trans mit to the several States copies of the preceding resolution, with a circular letter requesting their concurrence therein and proposing a time and place for the meeting aforesaid." The Legislatures of New York, New Jersey, Pennsylvania, and Delaware promptly responded to this proposition, and sent their delegates to meet those of Virginia at Annapolis, in Maryland, September llth, of the same year, 1786. They were in session only three days. Commissioners TEE BIRTH OF THE REPUBLIC. 367 were also appointed from the States of New Hampshire, Massachusetts, Rhode Island, and North Carolina ; but they failed to reach Annapolis in time. Those who met consist ing of Alexander Hamilton and Egbert Benson, from New York; Abram Clarke, William C. Houston, and James Schureman, from New Jersey; Tench Coxe, from Pennsyl vania ; George Read, John Dickinson, and Richard Bassett, from Delaware; and Edmund Randolph, James Madison, Jr., and St. George Tucker, from Virginia agreed upon a report. In this important document they refrained, as they say, from carrying out the original purpose of the meeting by- proposing specific measures. They do so because of the fail ure of the other States to send delegates ; but they venture to recommend another meeting of commissioners from all the States, with enlarged powers. The New Jersey Legisla ture had authorized her commissioners "to consider how far an uniform system in their commercial regulations, and other important matters, might be necessary to the common interest and permanent harmony of the several States." This suggestion from New Jersey is made use of, by the au thors of the address, to hint more pointedly at the importance of another convention, with enlarged powers, looking to a remodelling of the Articles of Confederation. They say: * ' In this persuasion your commissioners submit an opinion, that the idea of extending the powers of their deputies to other objects than those of commerce, which has been adopted by the State of New Jersey, was an improvement on the original plan, and will deserve to be incorporated into that of a future convention. They are the more naturally led to this conclusion, as, in the course of their reflections on the subject, they have been induced to think that the power of regulating trade is of such comprehensive extent, and will enter so far into the general system of Federal government, that to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits, may require a cor respondent adjustment of other parts of the Federal system." The commissioners suggest that the defects of the existing system of Federal government might be found to be greater and more numerous than was implied in the resolutions of the State Legislatures. They therefore propose u that a con vention of deputies from the different States, for the special and sole purpose of entering into this investigation, and digesting a plan for supplying such defects as may be discov ered to exist," etc. And they propose that the commission ers to be thus appointed by the States shall meet in Phila delphia on the second Monday in May next. This address was sent to the Governors of the several States, and to the Congress. The latter body, February 21, 1787, took the address into consideration, and came to the following conclusion : 368 THE BIRTH OF THE REPUBLIC. " Resolved, That, in the opinion of Congress, it is expedient that, on the second Monday in May next, a convention of delegates, who shall have been appointed by the several States, be held at Philadelphia, for the sole and express pur pose of revising the Articles of Confederation, and reporting to Congress and the several Legislatures such alterations and provisions therein as shall, when agreed to in Congress and confirmed by the States, render the Federal Constitution adequate to the exigencies of government and the preserva tion of the Union." A majority of the States had acquiesced in the proposition, and agreed to send delegates to the proposed convention, be fore the plan was approved by Congress. The General Assembly of Virginia adopted it, October 16, 1786, and decided to send seven commissioners. These were chosen by ballot of the two Houses, December 4th of the same year. They were George Washington, Patrick Henry, Edmund Randolph, John Blair, James Madison, George Mason, and George Wythe, Esquires. Mr. Henry declined the appointment, and James McClurg, Esq., was appointed in his place by the Governor and Council. The Council and Assembly of New Jersey, November 23, 1786, appointed Messrs. David Brearley, William Churchill Houston, William Paterson, and John Neilson, Esqs., as commissioners to the convention. On the 8th of May fol lowing, the Governor, William Livingston, and Abram Clark were added to the delegation, and Mr. Neilson's name is omitted. On the 5th of June, Jonathan Dayton, Esq., was appointed from the same State. The General Assembly of the Commonwealth of Pennsyl vania, December 30, 1786, appointed seven deputies to the convention, as follows: Thomas Mifflin, Robert Morris, George Clymer, Jared Ingersoll, Thomas Fitzsimmons, James Wilson, and Gouverneur Morris, Esqs. Dr. Ben jamin Franklin was president of the Commonwealth ; and by a supplemental act of March 28, 1787, his name was added to the list of deputies. The General Assembly of North Carolina, January 6, 1787, passed an act for the appointment of five delegates to the convention, and elected Richard Caswell, the Governor, with Alexander Martin, William Richardson Davie, Richard Dobbs Spaight, and Willie Jones, Esqs. Governor Cas well declined the appointment, and, by authority given by the act, he appointed William Blount, Esq.. to fill the va cancy. On the third day of April, Governor Caswell ap pointed Hugh Williamson, Esq., in place of Willie Jones, declined. The General Assembly of Delaware, February 3, 1787, ap pointed George Read, Gunm'ng Bedford, John Dickinson, Richard Bassett, and Jacob Broom, Esqs., as deputies to the Convention. THE BIRTH OF THE REPUBLIC'. 369 The General Assembly of the State of Georgia, February 10, 1787, appointed William Few, Abraham Baldwin, Wil liam Pierce, George Walton, William Houston, and Na thaniel Pendleton, Esqs., as commissioners to the Conven tion. The General Assembly of the State of New York, Feb ruary 28, 1787, resolved to send three delegates to the Con vention ; and on March 6th, Messrs. Eobert Yates, John Lan sing, Jr., and Alexander Hamilton, Esqs., were chosen for the purpose. The Legislature of South Carolina, March 8, 1787, ap pointed John Eutledge, Charles Pinckney, Charles Cotes- worth Pinckney, and Pierce Butler, Esqs., as delegates to the Convention. The General Court of Massachusetts, March 10, 1787, appointed Francis Dana, Elbridge Gerry, Nathaniel Gorham, Eufus King, and Caleb Strong, Esqs., as delegates to the Convention. The State of Connecticut, by an act of the General Assem bly of the second Thursday of May, 1787, appointed William Samuel Johnson, Roger Sherman, and Oliver Ellsworth, Esqs. , as delegates to the Convention. The Legislature of Maryland, May 26, 1787, appointed James McHenry, Daniel of St. Thomas Jenifer, Daniel Car roll, John Francis Mercer, and Luther Martin, Esqs., as dele gates to the Convention. The Legislature of New Hampshire, June 27, 1787, ap pointed John Langdon, John Pickering, Nicholas Gilman, and Benjamin West to be delegates to the Convention. In Convention. The delegates thus appointed by the several States met in Convention in Philadelphia, Monday, May 14, 1787. Thegr chose George Washington, one of the delegates from Vir ginia, as President of the body, and William Jackson, Sec retary. The Convention sat from day to dajr until the 17th of September, when, haying completed their labors, they sub mitted the Constitution as the result thereof to the Con gress, with the recommendation that it should, be submitted to a Convention of each State, to be called by the several Legislatures, for ratification ; and, u That it is the opinion of this Convention, that, as soon as the Conventions of nine States shall have ratified this Con stitution, the United States, in Congress assembled, should fix a day on which electors should be appointed by the States which shall have ratified the same, and a day on which the electors should assemble to vote for President, and the time and place for commencing proceedings under the Constitu tion; that after such publication, the electors should be ap- ^70 THE BIRTH OF THE REPUBLIC. pointed, and the Senators and Representatives elected; that the electors should meet on the day fixed for the election of President, and should transmit their votes certified, signed, scaled, and directed, as the Constitution requires, to the Secretary of the United States, in Congress assembled ; that the Senators and Representatives should convene at the time and place assigned; that the Senators should appoint a President of the Senate, for the sole purpose of receiving, opening, and counting the votes for President ; and that, after he shall be chosen, the Congress, together with the Presi dent, should without delay proceed to execute this Consti tution." The Convention, by its president, General Washington, addressed a letter to the president of Congress, in the fol lowing words: " In CONVENTION, ) September 17, 1787. J "Sm: We have now the honor to submit to the United States, in Congress assembled, that Constitution which has appeared to us most advisable. "The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money and regulating commerce, and the corre spondent executive and judicial authorities should be fully and effectually vested in the general government of the Union; but the impropriety of delegating such extensive trust to one body of men is evident: hence results the necessity of a different organization. " It is obviously impracticable, in the Federal Government of these States, to secure all rights of independent sov- reignity to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstances as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered and those which mav^ be reserved ; and on the present occasion this difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests. " In all our deliberations on this subject we kept steadily in our view that which appears to us the greatest interest of every true American the consolidation of our Union in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seri ously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magni tude than might have been otherwise expected; and thus the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession THE BIRTH OF THE REPUBLIC. 371 which the peculiarity of our political situation rendered in dispensable. ' ' That it will meet the full and entire approbation of every State is not perhaps to be expected ; but each will doubtless consider that, had her interest been alone consulted, the con sequences might have been particularly disagreeable or in jurious to others. That it is liable to as few exceptions as could reasonably have been expected, we hope and believe. That it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. "With great respect, we have the honor to be, sir, your Excellency's most obedient, humble servants. " By unanimous order of the Convention. " GEORGE WASHINGTON, President. 11 His Excellency, the President of Congress." "On the 28th of September, 1787, the Congress unanimously resolved (all the States being present but Rhode Island) to transmit the Constitution, with the resolutions and letter of the Convention, to the Legislatures of the several States. Whereupon, conventions of the States were chosen and con vened ; and, after great deliberation and debate, the Consti tution was ratified by them, in the following order : By Delaware on the 7th December, 1787. " Pennsylvania " 12th " 1787. " New Jersey " 18th " 1787. " Georgia 2d January, 1788. " Connecticut " 9th " 1788. Massachusetts Maryland South Carolina New Hampshire Virginia New York 6th February, 1788. 28th April, 1788. 23d May, 1788. 21st June, 1788. 26th " 1788. 26th July, 1788. " North Carolina " 21st November, 1789. " Ehode Island " 29th May, 1790. " The Congress, in compliance with the recommendation of the Convention, proceeded, on September 13, 1788, to direct the organization of the Government, under the Constitution. The order of that body, to this end, was as follows: "Resolved, That the first Wednesday in January next be the day for appointing electors in several States, which before said day shall have ratified the said Constitution; that the first Wednesday in February next be the day for the electors to assemble in their respective States, and vote for a President; and that the first Wednesday in March next be the time, and the present seat of Congress (New York) the place, for commencing the proceedings under the said Constitution," 372 THE BIRTH OF THE REPUBLIC. Electors were chosen in the several States which had rati fied the Constitution; that is to say, in all except North Carolina and Ehode Island. Members of the House of Rep resentatives, and Senators, were also chosen. The electors met on the first Wednesday in February, and cast their votes for a President and Vice-president. The first Congress was to have met on the first Wednesday in March, which was the 4th day of the month, but no quorum appeared in either House. The few members present in New York, continued to assemble and adjourn from day to day, until, on the 1st of April, the necessary number met in the House of Repre sentatives, which body proceeded to elect a speaker, when the choice fell upon Frederick A. Muhlenberg, Esq., of Penn sylvania. A quorum in the Senate appeared on the 6th of April, when the body proceeded to elect a President pro tempore, in order that the votes for President and Vice-president might be opened and counted. John Langdon, Esq. , of New Hamp shire, was chosen. The two Houses assembled in joint ses sion, when the electoral votes were opened and counted on the same day. George Washington received every vote (69), and was therefore declared to be elected President. John Adams of Massachusetts received 34 votes, or a plurality, and was therefore declared to be duly elected Vice-president, under the Constitution as originally framed. The second article, which regulated the choice of President and Vice- president, provided that the person having the highest number of votes, "if such number be a majority of the whole number of electors appointed," shall be President; but no such requirement was made in regard to the Vice- president : and it was sufficient that, " after the choice of the President, the person having the greatest number of votes of the electors shall be Vice-president." The 12th Amendment, which was adopted in consequence of the failure to elect in 1800, by the electors, provides that separate votes by the electors shall be cast for the President and for Vice-president; and in each case, a majority vote of all the electors is necessary to a choice. Otherwise the House of Representatives is to elect. Mr. Adams assumed his duties as President of the Senate on April 21, 1789. President Washington was inaugurated in New York City, April 30, 1789, in the gallery, in front of the Senate-chamber. The oath of office was administered by the Chancellor of the State of New York, who proclaimed, "Long live George Washington, President of the United States ! " The President then returned to the Senate -chamber and delivered his inaugural speech in the presence of the two Houses and many citizens. THE BIRTH Of 1 THE REPUBLIC. 373 CONSTITUTION OF THE UNITED STATES OP AMERICA. "We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tran quillity, provide for the common defence, promote the gen eral Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America. ARTICLE. I. "SECTION. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. "SECTION. 2. (1) The Houses of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. " (2) No Person shall be a Representative who shall not have attrined to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. " (3) Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed., three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shah 1 by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand , but each State shall have at Least one Re presentative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Planta tions one, Connecticut five, New -York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 4 ' (4) When vacancies happen in the Representation from, any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. "(5) The House of Representatives shall chuse their Speaker and other Officers ; and shall leave the sole Power of Impeachment. "SECTION. 3. (1) The Senate of the United States shall be composed of two Senators from each State, chosen by the 874 THE BIRTH OF THE REPUBLIC. Legislature thereof, for six Years; and each Senator shall have one Vote. u (2) Immediately after they shall be assembled in Conse quence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen every second Year ; and if Vacancies happen by Resignation, or otherwise, dur ing the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacan cies. "(3) No Person shall be a Senator who shall not have at tained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. "(4) The Vice-president of the United States shall be Pres ident of the Senate, but shall have no Vote, unless they be equally divided. "(5) The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice-president, or when he shall exercise the Office of President of the United States. "(6) The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside : And no Person shall be convicted without the Concurrence of two thirds of the Members present. "(7) Judgment in Cases of Impeachment shall not extend further than to removal from Office, and Disqualification to hold and enjoy any Office of honour, Trust or Profit under the United States : but the Party convicted shall neverthe less be liable and subject to Indictment, Trial, Judgment and Punishment, according to,Law. "SECTION. 4. (1) The Times, Places and Manner of holding Elections for Senators and Representatives, shall be pre scribed in each State by the Legislature thereof ; but the Congress may at any time by Law make or alter such Reg ulations, except as to the places of ch using Senators. "(2) The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in De cember, unless they shall by Law appoint a different Day. "SECTION. 5. (1) Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Busi ness ; but a smaller Number may adjourn from day to day, THE BIRTH OF THE REPUBLIC. 37ft and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. "(2) Each House may determine the Rules of its Proceed ings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. "(3) Each House shall keep a Journal of its Proceedings, and from time to time publish the same excepting such Parts as may in their Judgment require Secrecy, and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. "(4) Neither House, during the Session of Congress, shall without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. * k SECTION. 6. (1) The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attend ance at the Session of their respective Houses, and in going to and returning from the same ; and for any Speech or Debate in either House, they shall not be questioned in any other Place. "(2) No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time ; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. "SECTION. 7. (1) All Bills for raising Revenue shall origi nate in the House of Representatives ; but the Senate may propose or concur with Amendments as on other Bills. "(2) Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States ; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have origi nated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the 376 THE BTRTH OF THE REPUBLIC. President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. "(3) Every Order, Resolution, or Vote to which the concur rence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States ; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. " SECTION. 8. The Congress shall have Power "(1) To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Im posts and Excises shall be uniform throughout the United States; 1 '(2) To borrow Money on the credit of the United States; "(3) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes ; "(4) To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States ; "(5) To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures ; "(6) To provide for the Punishment of Counterfeiting the Securities and Current Coin of the United States ; "(7) To establish Post Offices and post Roads; "(8) To promote the progress of Science and Useful Arts, by securing for limited Times to Authors and Inventors the exclusive right to their respective writings and discoveries; "(9) To constitute Tribunals inferior to the supreme Court ; "(10) To define and punish Piracies and Felonies commit ted on the high Seas, and Offences against the Law of Na tions ; "(11) To declare War, grant Letters of Marque and Re prisal, and make Rules concerning Captures on Land and Water; 4 ' (12) To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years ; "(13) To provide and maintain a Navy; "(14) To make Rules for the Government and Regulation of the land and naval Forces ; "(15) To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel In vasions; ' "(16) To provide for organizing, arming, and disciplining THE milTH OF THE REPUBLIC. 377 the Militia, and for governing such Part of them as may he employed in the Service of the United States, reserving to the States respectively the Appointment of the Officers and the Authority of training the Militia according to the Dis cipline prescribed by Congress ; "(17) To exercise exclusive Legislation in all Cases what soever over such District (not exceeding ten miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places pur chased by the consent of the Legislature of the State in which the Same shall be, for the erection of Forts, Magazines, Arse nals, Dock-Yards, and other needful Buildings^ and "(18) To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the gov ernment of the United States, or in any Department or Officer thereof." ' ' SECTION. 9. (1) The Migration or Importation of such Per sons as any of the States now existing shall think proper to admit, shall not he prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or Duty may be imposed on such Importation, not exceeding ten dollars for each Person. "(2) The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. "(3) No bill of attainder or ex post facto Law shall be passed. "(4) No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. "(5) No Tax or Duty shall be paid on Articles exported from any State. "(6) No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another : nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. " (7) No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law ; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. "(8) No Title of Nobility shall be granted by the United States : And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, ac cept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or Foreign State. "SECTION. 10. (1) No State shall enter into any Treaty, Alli ance, or Confederation; grant Letters of Marque and Re prisal; coin Money; emit Bills of Credit; make any Thing 878 TUB tilltTH OF THE REPUBLIC. s but gold and silver Coin a Tender in Payment of Debts ; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. "(2) No State shall, without the consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws : and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States ; and all such Laws shall be subject to the Revision and Controul of the Congress. "(3) No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of Delay. " SECTION 1. (1) The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows '*(2) Each State shall appoint, in such Manner as the Legis lature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress : but no Senator or Representative, or Person holding an office of Trust or Profit under the United States, shall be appointed an Elector. [* The Electors shall meet in their respective States, and vote by- Ballot for two Persons, of whom one at least shall not be an Inhabi tant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the Presi dent of the Senate. The President of the Senate shall, in the Pres ence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed ; and if there be more than one who have such Majority and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chus- iug the President, the Votes shall be taken by States, the Representa tion from each State having one Vote; A Quorum for this Purpose shall consist of a Member or Members from twothirds of the States, and a Majority of all the States shall be necessary to a Choice. In * This clause within brackets has been superseded and annulled by the 13th amendment, on page 385. THE BIRTH OF THE REPUBLIC. 879 every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.] "(3) The Congress may determine the Time of causing the Electors, and the Day on which they shall give their Votes ; which Day shall be the same throughout the United States. "(4) No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Eesident within the United States. "(5) In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law pro vide for the Case of Removal, Death, Resignation, or Ina bility, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. "(6) The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. 4 '(7) Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: " 'I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.' ' ' SECTION. 2. (1) The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States ; he may require the Opinion, in writing, of the principal Officer in each of the executive De partments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Re prieves and Pardons for Offences against the United States, except in Cases of Impeachment. "(2) He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law ; but S80 THE mnTii OF THE REPUBLIC. the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. " (3) The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by grant ing Commissions which shall expire at the End of their next Session. * k SECTION. 3. He shall from time to time give to the Con gress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge nec essary and expedient ; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Dis agreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers ; he shall take Care that the Laws be faith fully executed, and shall Commission all the officers of the United States. "SECTION. 4. The President, Vice-President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. "ARTICLE m. "SECTION. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. "SECTION. 2. (1) The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority ; to all Cases affecting Ambassadors, other public Ministers, and Consuls; to all Cases of admiralty and maritime Jurisdiction ; to Contro versies to which the United States shall be a Party; to Controversies between two or more States ; between a State and Citizens of another State ; between Citizens of different States, between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. "(2) In all Cases affecting Ambassadors, other public Min isters and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. THE BIRTH OF THE REPUBLIC. . 381 "(3) The Trial of all Crimes, except in Cases of Impeach ment, shall be by jury ; and such trials shall be held in the State where the said Crimes shall have been committed ; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. " SECTION. 3. (1) Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. "(2) The Congress shall have Power to declare the Punish ment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted. " SECTION. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. "SECTION. 2. (1) The Citizens of each State shall be en titled to all Privileges and Immunities of Citizens in the several States. "(2) A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be re moved to the State having Jurisdiction of the Crime. "(3) No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be dis charged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. "SECTION. 3. (1) New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. "(2) The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Ter ritory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any partic ular State. . 4. ^he United States shall guarantee to every 382 THE BIRTH OF THE REPUBLIC. State in this Union a Republican Form of Government, and shall protect each of them against Invasion ; and on Applica tion of the Legislature, or of the Executive (when the Leg islature cannot be convened) against domestic Violence. "ARTICLE, v. 11 The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Con stitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for pro posing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress ; Provided that no Amendment which may be made prior to the Year one thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article ; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. "(1) All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the Uuited States under this Constitution, as under the Confederation. "(2) This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land ; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Con trary notwithstanding. 4 '(3) The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirma tion, to support this Constitution; but no religious Test shall be ever required as a Qualification to any Office or public Trust under the United States. ''ARTICLE, vn. "The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. "DONE in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United THE BIRTH OF THE REPUBLIC. 383 States of America the Twelfth. IN WITNESS whereof We have hereunto subscribed our Names, "GEO WASHINGTON " Presidt and deputy from Virginia NEW HAMPSHIRE. John Langdon, Nicholas Gilman. MASSACHUSETTS. Nathaniel Gorham, Ruf us King. CONNECTICUT. Win. Saml. Johnson, Eoger Sherman. NEW YORK. Alexander Hamilton. NEW JERSEY. David Brearley, Jona. Dayton. PENNSYLVANIA. Thomas Mifflin, Geo: Clymer, Jared Ingersoll, Wil: Livingston, Wm. Paterson, B. Franklin, Robt. Morris, Tho: Fitzsimons, James Wilson, Gouv: Morris. DELAWARE. Gunning Bedford, Jun'r, Richard Bassett. Geo: Read, John Dickinson, Jaco: Broom, James M'Henry, Danl. Carroll, John Blair, Wm. Blount, Hu. Williamson, J. Rutledge, Charles Pinckney, GEORGIA. William Few, Abr. Baldwin. Attest: WILLIAM JACKSON, Secretary." The Constitution was adopted on the 17th September, 1787, by the convention appointed in pursuance of the reso- MARYLAND. Dan: of St. Thos. Jenifer. VIRGINIA. James Madison, Jr. NORTH CAROLINA. Riclvd Dobbs Spaight. SOUTH CAROLINA. Charles Cotesworth Pinckney, Pierce Butler. 384 THE BIRTH OF THE REPUBLIC. lution of the Congress of the Confederation, of the 21st February, 1787, and was ratified by the conventions of the several States, in the order stated on a preceding page. Several of the state conventions made it a condition of rati fication, that certain amendments should be added, in the nature of a Bill of Rights. These conditional ratifications could not be regarded as valid, and they were only in part complied with. ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CON STITUTION OF THE UNITED STATES OF AMERICA, Proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth article of the original Constitution. " (ARTICLE I.) " Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ; or abridg ing the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Govern ment for a redress of grievances. ''(ARTICLE II.) " A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. " (ARTICLE in.) "No Soldier shall, in time of peace, be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. " (ARTICLE iv.) "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirm ation, and particularly describing the place to be searched, and the persons or things to be seized. "(ARTICLE v.) " No person shall be held to answer for a capital, or other wise infamous crime, unless on a presentment or indictment of Grand Jury, except in cases arising in the land or naval force, or in the Milita, when in actual service in time of "War or public danger; nor shall any person be subject tor THE BIRTH OF THE REPULLIG. 385 the same offence to be twice put in jeopardy of life or limb ; nor shall be compelled in any Criminal Case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law ; nor shall private property be taken for public use, without just compensation. " (ARTICLE VI.) ' ' In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously as certained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have Compulsory process for obtaining Witnesses in his favour, and to have the Assistance of Counsel for his defence. " (ARTICLE VII.) " In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than accord ing to the rules of the common law. " (ARTICLE vm.) "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. " (ARTICLE IX.) " The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. "(ARTICLE x.) "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. "(ARTICLE XI.) "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. "(ARTICLE XII.) 1 ' The Electors shall meet in their respective states, and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person 386 THE BIRTH OF THE REPUBLIC. voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all pers9ns voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; The President of the Senate shall, in presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; The person having the greatest number of votes for President, shall be the President, if such num ber be a majority of the whole number of Electors appointed ; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote ; a quo rum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if ,the House of Repre sentatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President, shall be the Vice-Presi dent, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President ; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to i:he office of President shall be eligible to that of Vice-President of the United States. The Inaugural Speech of Washington is as follows : "FELLOW-CITIZENS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES: Among the vicissitudes incident to life, no event could have filled me with greater anxiety than that of which the notification was transmitted by your order, and received on the 14th day of the present month. On the one hand, I was summoned by my country whose voice I can never hear but with veneration and love from a retreat which I had chosen with the fondest predilection, and, in my flattering hopes, with an immutable decision, as the asylum of my declining years ; a retreat which was rendered every THE BIRTH OF THE REPUBLIC. 387 day more necessary, as well as more dear, to me, by the ad dition of habit to inclination, and of frequent interruptions in my health, to the gradual waste committed on it by time. On the other hand, the magnitude and difficulty of the trust to which the voice of my country called me, being sufficient to awaken in the wisest and most experienced of her citizens a distrustful scrutiny into his qualifications, could not but overwhelm with despondence one who, inheriting inferior endowments from nature, and unpractised in the duties of civil administration, ought to be peculiarly conscious of his own deficiencies. In this conflict of emotions, all I dare aver is that it has been my faithful study to collect my duty from a just appreciation of every circumstance by which it mi^ht be affected. All I dare hope is that, if, in executing this task, I have been too much swayed by a grateful remembrance of former instances, or by an affec tionate sensibility to this transcendent proof of the con fidence of my fellow-citizens, and have thence too little consulted my incapacity as well as disinclination for the weighty and untried cares before me, my error will be pal liated by the motives which misled me, and its consequences be judged by my country with some share of the partiality in which they originated. " Such being the impressions under which I have, in obe dience to the public summons, repaired to the present station, it would be peculiarly improper to omit, in this first official act, my fervent supplications to that Almighty Being who rules over the universe, who presides in the councils of nations, and whose providential aids can supply every human defect, that his benediction may consecrate, to the liberties and happiness of the people of United States, a gov ernment instituted by themselves for these essential pur poses, and may enable every instrument employed in its administration to execute with success the functions allotted to his charge. In tendering this homage to the great Author of every public and private good, I assure myself that it expresses your sentiments not less than my own ; nor those of my fellow-citizens at large, less than either. No people can be bound to acknowledge and adore the invisible hand which conducts the affairs of men, more than the people of the United States. Every step by which they have ad vanced to the character of an independent nation seems to have been distinguished by some token of providential agency ; and in the important revolution just accomplished in the system of their united government, the tranquil de liberations and voluntary consent of so many distinct com munities, from which the event has resulted, cannot be- compared with the means by which most governments have been established without some return of pious gratitude along with an humble anticipation of the future blessings 388 THE BIRTH OF THE REPUBLIC. which the past seem to presage. These reflections, arising out of the present crisis, have forced themselves too strongly on my mind to be suppressed. You will join with me, I trust, in thinking that there are none under the influence of which the proceedings of a new and free government can more auspiciously commence. ' ' By the article establishing the executive department, it is made the duty of the President ' to recommend to your consideration such measures as he shall judge necessary and expedient,' The circumstances under which I now meet you will acquit me from entering into that subject further than to refer to the great constitutional charter under which you are assembled, and which, in defining your powers, designates the objects to which your attention is to be given. It will be more consistent with those circumstances, and far more congenial with the feelings which actuate me, to sub stitute, in place of a recommendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism which adorn the characters selected to devise and adopt them. In these honorable qualifications, I behold the surest pledges that, as on one side, no local prejudices or at tachments, no separate views, nor party animosities, will mis direct the comprehensive and equal eye which ought to watch over this great assemblage of communities and interests ; so, on another, that the foundations of our national policy will be laid in the pure and immutable principles or private moral ity, and the pre-eminence of free government be exemplified by all the attributes which can win the affections of its citi zens and command the respect of the world. I dwell on this prospect with every satisfaction which an ardent love for my country can inspire : since there is no truth more thoroughly established, than that there exists in the econ omy and course of nature an indissoluble union between virtue and happiness, between duty and advantage, be tween the genuine maxims of an honest and magnanimous policy and the solid rewards of public prosperity and felic ity ; since we ought to be no less pursuaded that the pro pitious smiles of heaven can never be expected on a nation that disregards the eternal rules of order and right, which heaven itself has ordained ; and since the preservation of the gacred fire of liberty and the destiny of the republican model of government are justly considered as deeply, per haps as finally, staked, on the experiment entrusted to the hands of the American people. "Besides the ordinary objects submitted to your care, it will remain with your judgment to decide how far an exer cise of the occasional power delegated by the fifth article of the Constitution is rendered expedient at the present junc ture, by the nature of objections which have been urged against the system or by the degree of inquietude which THE BIRTH OF THE REPUBLIC. 389 has given birth to them. Instead of undertaking particular recommendations on this subject, in which I could be guided by no lights derived from official opportunities, I shall again give way to my entire confidence in your dis cernment and pursuit of the public good ; for, I assure my self, that, whilst you carefully avoid every alteration which might endanger the benefits of an united and effective gov ernment, or which ought to await the future lessons of ex perience, a reverence for the characteristic rights of free men, and a regard for the public harmony, will sufficiently influence your deliberations on the question how far the former can be more impregnably fortified, or the latter be safely and advantageously promoted. " To the preceding observations I have one to add, which will be most properly addressed to the House of Representa tives. It concerns myself, and will therefore be as brief as possible. When I was first honored with a call into the ser vice of my country, then on the eve of an arduous struggle for its liberties, the light in which I contemplated my duty required that I should renounce every pecuniary compensa tion. Erom this resolution I have in no instance departed ; and being still under the impressions which produced it, I must decline, as inapplicable to myself, any share in the personal emoluments which may be indispensably included in a permanent provision for the executive depart ment, and must accordingly pray that the pecuniary esti mates for the station in which I am placed may, during" my continuance in it, be limited to such actual expenditures as the public good may be thought to require. "Having thus imparted to you my sentiments, as they have been awakened by the occasion which brings us to gether, I shall take my present leave; but not without resorting once more to the benign Parent of the human race in humble supplication, that, since he has been pleased to favor the American people with opportunities for deliberat ing in perfect tranquillity, and dispositions for deciding, with unparalleled unanimity, on a form of government for the security of their Union and the advancement of their happiness, so his divine blessing may be equally conspicuous in the enlarged views, the temperate consultations, and the wise measures on which the success of this government must depend." THE END. INDEX. CONNECTICUT. Act of Parliament burnt, 145. Adam, Andrew, 361. Arnold, Benedict, 157. Babcock, Mr. Adam, 157. Beebe, Dr., 151. Benedict, Mr. Zadock, 156. Bishop, Mr. Samuel, 157. Comstock, Mr. Andrew,156. Connecticut, 25, 144, 354, 861, 369, 3S3. Connecticut Assembly, 149. Connecticut Resolutions 146. Connecticut instructs her Delegates to vote for In dependence, 158. Danbury Town Meeting Proceedings, 154. Deane, Silas, Esq., 84, 157. Delegate Meeting at Hart ford, 151. Durkee, Mr., 26, 27, 28. Dyer, Eliphalet, Esq.. 84. Ellsworth, Esq., Oliver, 363, 369. Fairfield Committee Pro ceedings, 156. Fitch, Gov. of Conn., 25, 26, 30. Gazette, The, 145. Glastenbury Public Meet ing, 144, 149. Hait, Capt. David, 154. Hollister, historian, 25, 28, 144, 156, 158. Hollister, statement by, 158. Hollister, Capt. Elisha, 145. Hosmer, Titus, 361. Humphreys, General, 28. Huntiugton, Sam'l, 95, 361. Hutton, Mr. Samuel, 154. Ingersoll, Jared, Esq., Stamp- distributor, 25, 26, 27, 28, 30, 46. Jarvis, S., 154. Johnson, William Samuel, Esq., 8, 369, 383. Lebanon, 25. Lloyd, Mr. John, 154. Lyman, David, Esq., J. P., 30. McLean, Mr. John, 156. Munford, Mr. Thomas, 157. New Haven, 26. New London, 25. Non - importation agree ment, 144. Norwich, 25. Norwich Resolutions, 149. Parsons, Samuel Holden, Esq., 157. People, 27. Porter, Mr. Joshua, 157. Putnam, Col. Israel, 30. Root, Jesse, 157. Sherman, Roger, Esq., 84, 95, 361, 369, 3S3. Silliman, Mr. Ebenezer, 156. Stamford Town Meeting Resolutions, 153. Stamp Act in Connecticut, 25. Stevens, Capt. Thomas, 154. Starr, Capt. Daniel, 156. Taylor, Mr. Major, 156. Trumbull, Col. Jonathan, 25, 158. Weed, Capt. Chas., 154. Wells, Mr. Chas., 157. Wethersfield, 26. Windham, 25. Windham Town proceed ings, 150. Williams, Ezekiel, 157, Williams, William, Esq., 157. Wolcott, Oliver, 95, 361. Wyllis, Capt. Samuel, 153, Young, Capt. Samuel, 154. DELAWARE. Bassett, Richard, 236, 367, 368, 383. Bedford, Gunning, Jr., 368, 383. Booth, Mr. James, 243. Broom, Jacob, 368, 383. Clark, Jno., Esq., 236, 240, 242. Clewes, Mr., 242. Collins, Mr. Thos, 234, 236. Continental Association ap proved, 240. Crapper, Zadock, 236. Cropper, Mr. Levin. 234. Delaware, 46, 234, 354, 362, 367, 368, 383. Delaware Convention, 234, 237. Delaware Convention Re solves, 234, 239. Delaware Assembly Reso lutions, 241, 243. Dickinson, John, Esq., 362, 367, 368, 383. Evans, John, Esq., 234, 366. Haslet, John, 236. Kent Co. Resolutions, 235. Killen, Mr. Wm., 234, 236. Latimer, Mr. James, New Castle, 234. Lockwood, Richard, Esq., 236. Manlove, Mr. Boaz, 284. McKean, Thomas, Esq., 84, 95, 234, 240, 243, 362. McKinley, Mr. John, New Castle, 234, 240. New Castle Co. Committee, 240. Porter, Mr. Alex., New Cas tle, 234. Read, George, Esq., 84, 95, 234, 240, 241, 242, 367, 368, 383. Ridgeley, Chas., Esq., 236, Robinson, Mr. Thomas, 234. Rodney, Caesar, Esq., 84, 95, 234, 236, 239, 240, 241. Rodney, Thomas, 236. Stamp Act, 46. Stout, Jacob, 236. Sussex Co. Resolutions, 236. Sykes, James, 236. Thompson, Mr. David, Sus sex Co., 234, 240. Townsend, Mr. Stephen, Sussex Co., 234. Van Dyke, Nicholas, 362. Wells, James, 236. Wiltbank, Mr. John, Sussex Co., 234. GEORGIA. Address to the People, 338. Angus, Mr., Stamp-distrib utor, 66. Baldwin, Abraham, 369, 383. Bierry, Thomas, 342. Bryan, Jonathan, Esq.. 338. Bullock, Archibald, Esq., 339, 345, 352. Clark, James, 342. Clay, Joseph, 340. Cockspur, 67. 390 INDEX. Cooper, Richard, 342. Creighton, Alexander, 338. Cuthbert, Isaac, 342. Cuthbert, Daniel A.. 342. Cuyler, Mrs.. 347. Darien Resolutions, 340. Darien Association, 341. Demere, Raymond, 342. E\ven, William, 340. Farley, Samuel, 340. Few, Wm, Esq., 369. 383. Fort George, Cockspur Island, 67. Fulton, John, 342. Fulton, Samuel, 342. Georgia, 66, 337, 354, 362, 339, 383. Gazette, Savannah, 3>8. Georgia Assembly Address to the King, 338. Georgia Association, 345. Georgia Assembly, Resolu tions by, 337, 342, 345. Georgia Assembly, Associ ation of Non-importation by, 345. Georgia Council of Safety, Resolutions by, 351 . Georgia Council of Safety, Address of, 351. Georgia Temporary Con stitution. 350. General Meeting, Georgia Resolutions, 339. Gwinnett, Button, 96. Hall, Isaac. 342. Hall, John, 342. Hall, Lyman, Esq., 96. Houston, John, Esq., 339, 340, 345. Jones, Noble Wimberly, Esq., 338, 339. 340, 345. Judton, Paul, 342. King, Thomas, 342. Langworthy, Edward, 362. Liberty Boys, 66. McCleland, Samuel, 342. McCleland, John, 342. McCullugh, Beth. 342. McCullugh, William, 342. McCullugh, John, Sr., 342. McOiUugh, John, Jr., 342. McDonald, Charles, 342. Mclntosh, John, 342. Mclntosh, L., 342. Merchants and Traders Meeting, Resolutions by, 333. Milledge, Capt., 66. Moore, Jiles, 3-12. Newsom, Jones, 342. Pannell, Lieut., 353. Pendleton, Nathaniel, Esq., 309. Pierce, William, Esq., 369. Powell, Capt , 66. Provincial Congress Reso lutions, 347, 348. Roberts, Daniel, Esq., 352. Roland, John, Esq., 342. Sallens, Peter, Esq., 342. Savannah, Ga., Meeting and Resolves. 346. Shuttleworth, Pr., 342. Shuttleworth, Reu., 342. Stamp Act, 66. Stephen's History of Ga., 66. Stobe, Joseph, Esq., 342. Telfair. Edward, 340, 362. Threadcraft, Gaorge, 342. Tybee Island, 66. Walton, George, Esq., 96, 339, 353, 369. Walton, Lieut.. 353. Walton, John, 362. Wells, Andrew Elton,;340. Wereat, John, 853. Witherspoon, John, 342. Witherspoon, John, Jr., 342. Wright, Sir James, Royal Governor, 66, 311. Wylly, Mr., Speaker House of Commons, 66, 337. Young, William, Esq., 340. MARYLAND. Alexander, Robt., Esq., 256, 257. Annapolis, 119, 247, 252. Anne Arundell Co. Reso lutions, 249. Baltimore Co. Resolutions, 52, 248. Baltimore, Lord, 52. Carroll, Charles, of Carroll- ton, 95, 247. Carroll, Daniel, Esq., 362, 369, 383. Caroline Co. Resolutions, 251. Charles Co. Resolutions, 251. Chase, Samuel, Esq., 84, 95, 247, 256, 364. Chestertown Resolutions, 244. Dick, Mr., merchant, An napolis, 244. Dickinson, Charles, 251. Duckett. Mr. John, 252. Frederick Co. Resolutions, 250. Gazette, Md., 49, 50. Geddes, (brigantine), 246. General Assembly, 50. General Assembly Resolu tions by, 50. Goldsborough, Robert, Esq., 256. Green, Mr. Jonas, Editor of Gazette, 4!>. Griffith, Mr. Henry, Fred erick Co., 250. Hall, Aquilla, Esq., Har- ford Co., 250. Hall, John, Esq., Annapo lis, 247, 253. Hammond, Matthias, Esq., Annapolis, 247. Hanson, John, Esq., 362. Harford Co. Resolutions, 250. Hood, Zachariah, Esq., 49, H d, Z h. Esq., 50. Instructions to Delegates in Congress, 256. Jenifer, Daniel of St. Tho mas, Esq., 369, 383. Johnson, Herman, 87. Johnson, Thomas, Jr.,Esq., 76, 84, 247, 256. Kent Co. Resolutions, 249. McCubbin, Mr., merchant, Annapolis, 244. McHenry, James, Esq., 369, 383. McMahon, historian, 46, 243, 244. McMahon, statement by, in regard to Stamp Act, 46. Martin, Luther, Esq.. 369. Maryland, 46, 243, 354, 362, 366, 369, 383. Maryland Convention Res olutions, 252, 258. Mercer. John Francis, Esq., 369. Paca, William, Esq., 84,95, 247, 256. Queen Anne Co. Resolu tions, 248. Ridgeley, Capt, Charles, Baltimore Co., 248. Rogers, John, Esq., 256. Stamp Act, 46. Stewart, Mr., merchant, Annapolis, 244. Stewart, Mr.W., merchant, Annapolis, 244. Stone, Thos. Esq., 95, 256. Talbot Co. Meeting, 246. Tilghman, Matthew, Esq., 84, 252, 266. Wallace, Mr., merchant, Annapolis, 244. Worthington, Mr. Brice Beale, Anne Aruudell Co., 249. Wright, W., Esq., 846. MASSACHUSETTS. Act for sending beyond sea for trial, 112, 117. Adams, John, Esq., 76, 84, 91, 95, 110, 243, 372. Adams, Samuel, Esq,, 84, 95,110,129,361. Address to the People by the Provincial Congress, 128. Assembly protests against the Acts of Parliament, 103. Barry, historian, 16. Bernard, Gov., 291. Boston Tea Party, 104. Boston Port Bill, 106, 352, Bowdoiu, James, Esq., 110. Brovn, Wm., Judge, 120. INDEX. 393 Cambridge, Mass., 290. Ruggles. Mr., 10. Monmouth Co. Resolu- Charterof Mass., abolition Salem, Mass., 124. tions, 225, of, 112, 113. Stamp Act in Mass., 16, 17. Morris Co. Resolutions, 222. Clark, Mr., consignee of Story, Mr., deputy regis- Mulford, historian, 218. tea, Boston, 104. ter, 18. Neilson, John, Esq., 368. Committee of Safety, 129. Strong, Caleb, Esq., 369. Newark, Committee Reso- Cumberland Co., 122. Suffolk Co , 74, 121. lutions, 229, 231. dishing, Thomas, Esq., Suffolk Co. Resolutions. New Jersey, 10, 218, 354, 84, 110, 208. 74. 362, 366, 367, 368, 383. Dana, Frauds, Esq., 361, Temporary government New Jersey Assembly Res- 369. established, 130. olutions, 230, 367. Extracts from the Port Vose, Mr., 121. New Jersey Committee to Bill, 107. Warren, Dr. Joseph, 128. Boston Committee, 227. Falmouth, Casco Bay, 122. Watertown, Mass., 130. Ogden, David, Esq., 10, 39. Faneuil Hall, 18, 100. Woodward, Richard, 121. Ogden, Robert, Esq., Faneuil Hall, Convention York Co., 124. Speaker of Assembly, 10, Freeman, Sam'l' Esq., 131. NEW JERSEY. Patterson, William, Esq., Gerry, Elbridge, Esq., 95, Bergen Co. Resolutions, 368, 383. 129, 361, 364, 369. 221. Potter, Capt. Reuben, 231. Gorham, Nathaniel, Esq., Bloomfield, Moses, Esq., Schureman, James, Esq., 369, 383. 232. 367. Hall, captain of tea ves- Burlington Committee, 231. Scudder, Nathaniel, 362. sel at Boston, 105. Brearley, David, Esq., 368, Smith, William P., 227. Hallowell, Mr., 18. 383. Smith, Richard, 84, 230. Hancock, John, Esq., 95, Camp,Caleb.,Esq., 230, 231. Smyth, Frederick, Chief 99, 124, 129, 208, 361. Clark, Abram, Esq., 96, 233, Justice, 38. Hancock, Ebenezer, Esq., 367,368. Somerset Co. Committee 119. Committees of the several Resolutions, 233. Holton, Samuel, Esq., 361. Counties' Resolutions, Stamp Act, 37. Hutchinsou, Thomas, Esq., 226. Stockton, Richard, Esq., 103. 104. Coxe, William, Stamp-dis- 96, 233. Hutchinson, Elisha, Esq., tributor, 40. Sussex Co. Resolutions, 225. 103, 104. Crane, Stephen, Esq., 84, Upper Freehold Resolu- Hutchinson, Foster, Esq., 230. tions, 232. Judge, 103, 105, 120. Dayton, Jonathan, Esq., Witherspoon, Dr. John, 96, Hutchinson, Mr,,Chief Jus- 368, 383. 233, 362. tiee, 16, 17, 18, 103, 291. De Hart, John, Esq., 84, Woodbridge Committee King, Rufus, Esq., 365, 369, 220. Resolutions 231 232. 383. Delegates to Continental Lexington, 130, 316. Congress, 229. NEW HAMPSHTRF Lincoln, Benj. Esq., 124. Essex Co. Grand Jury Ad- J^W HAJttK>. Lovell, James, Esq., 361. dress to the Chief Jus- Address of Convention to Malcolm, John, 109. tice, 227, 228. the inhabitants, 141. Massachusetts, 7, 10, 16, 96, Essex Co. Resolutions, 220. Bartlett, Josiah, Esq., 95, 354,361,367,369,383. Fallman, Peter, Esq., 231. 141,361, Massachusetts Provincial Field, Richard S., Esq., 37. Belknap, historian, 19, 134. Congress,126, 127, 128, 130. Fisher, Hendrick, Esq., 233. Belknap's history, extract Massachusetts House of Franklin, Gov., 40. from, 19. Representatives, Resolu- Frelinghuysen, Mr. Freder- Castle William and Mary, tions by, 110. ick, 233. Portsmouth, 137, 138. Massachusetts House of Hart, John, 96, 233. Claget, Justice, 21. Representatives author- Historical Society, 37. Cochran, captain of Castle izes Declaration of Inde- Hopkinson, Francis, Esq., William and Mary, 137, pendence, 131. 96,233. 138. Massachusetts declared to Houston, William Church- Committee of Portsmouth, be in rebellion, 129. ill, Esq , 367, 368. 135. Middlesex Co., 121. Hunterdon Co. Resolu- Cutts, Samuel, Esq., 137, New Plymouth, 130. tions, 223. 139, 141. Oliver, Peter, Esq., Chief Johnson, Robert, Esq., 232. Emery, Mr. Noah, 144. Justice, 119, 291. Kearney, Philip, Esq., 39. Epsom Resolves, 139. Oliver, Andrew, Esq., Kinsey, Mr., Delegate to Extract from Gazette, 20. Stamp-distributor, 16, 17, Congress, 84, 230. Fenton, Col., 139. 18. Lawrence, John, Esq., Up- Folsom, Nathaniel, Esq., 84, Otis, James, Esq., 8, 9, 16. per Freehold Co., 232. 140. Paine, Robert Treat, Esq., Livingston, Gov. William, Gilman, Nicholas, Esq., 84,95,110. 76,84,87,230,368,383. 369,383. Revere, Paul, Esq.. 137, 139. Lower Freehold Resolu- Independence authorized, Rotch, owner of vessel that tions, 220. 143. brought tea to Boston, Middlesex Co. Resolutions, Langdon, Capt, John, 137, 105. 224. 140, 369, 372, 383. 394 INDEX. Letter from Committee of Portsmouth, 135. Letter from Gov. Went- worth to Gen. Gage, 137. Lewis, Peter, Esq., Gover nor's Counsellor, 132. Messerve, Mr., appointed Stamp-distributor, 19, 20. New Hampshire, 19, 181, 354, 361, 367, 369, 383. Pickering, John, Esq., 141, 369. Portsmouth, 134. Provincial Convention, 140. Stamp Act, 19. Sullivan, John, Esq., 84, 137, 140. Tappan, Mr. Christopher, 141. Thompson, Mr. Ebenezer, 141. Trecothick, Barlow, Esq., Thornton, Matthew. 95. Wentworth, John, Esq., 20, 132, 133, 138, 139, 140, 361. Wentworth, Benning, Esq., Gov., 131, 137. Weare, Mesheck, Esq., 140. West, Benjamin, Esq., 369. Whiting, Mr., 137. Whipple.Wm., Esq., 95, 141. NEW YORK. Alsop, John, Esq., 73, 84, 177, 178. Association of New York, 193. Bache, Theophilas, Esq., 177. Bayard, William, 177 Beekman, Gerard W., 177. Belknap, Mr. Joseph, 192. Benson, Egbert, 367. Benson, Robert, Esq., 191. Blake, Mr. Jonathan, 178. Yloomer, Mr. Robert, 183. Boerum, Simon, Esq., 75, Booth, Benjamin, 177. Bowery, the New York, Public Meeting in, 195. Brown, George, 177. Brown, John, Esq., 196. Brookhaven Committee ap points Committee of Ob servation, 194. Brookhaven Committee re solves, 195. Broom, John, 177. Brosher, Abraham, 177, 196. Buli, Joseph, 177. Carpenter, Mr. Zeno, 183. Clinton, Mr. Chas., 186, 187. Golden, Cadwallader, Lt.- Gov., 31. 32, 33, 35, 174, 176, 187, 188. Committee of Correspond ence, 176, 177. Committee, General of N.Y., 190. Committee, General, Ad dress to Gov., 190. Corporation of New York City, 190. Contine, Mr. Matthew, 186. Corporation of New York, Address to Gov. Tryon, 191. Cross, Mr. Robert, 192. Cumberland Co. Commit tee Resolutions, 194. Curtenius, Peter T., 177. Dennison, Mr. George, 192. Delaney, John, 177. Desbrosses, Elias, Esq., 177. Destruction of stamps, 37. Duane. James, Esq., 84, 178, 361. Duer, James, Esq., 177, 361. Duryee, Abraham, 177. Duyckinck, Gerandus, 177. East Hampton Resolutions, 181. Elmendorph, Capt. John, 186. Floyd, Wm., Esq., 84, 95. Fort George, 33. Foy, capt. of Fort George, 33. Francis, Mr. Samuel, 177. Goelet, Peter, 177. Hallett, Mr. Joseph, 177, 196. Hamilton, Alexander, Esq., Hanover Committee Re solves, 186. Haring, John, 183. Haring, Peter T., 183. Hardenbergh, Col. Johan nes, 185, 186. Hardenbergh, Mr. Johan nes G., 186. Hasbrouck, Mr. Jacob, Jr., 186. Haviland, Ebenezer, 183, 184. Herring, John, Esq., 75. Hicks, Whitehead, Esq., Mayor of N. Y., 191. Hoffman, Nicholas, 177. Horsmanden, Chief Justice N. Y., 31. Horton, Mr. James, 183. Huntington Resolutions, 182. Jackson, Mr. William, 186. Jamaica Town Meeting Resolutions, 185. Jauncey, James, 177. Jay, John, Esq., 76, 84, 85, 87, 177, 178, 179. Johnston, David, 177. Jones, Mr. Gardiner, 183. Kemp, Mr., Attorney -gen eral, 32. Kings Co., 75. Laight, Edward, 177. Lansing, John, Jr., Esq., 3G9. Latta, Mr. James, 186. Lent, Col. Abram, 183. Letter from N. Y. Com mittee to Boston Com mittee, 179, 180. Lewis. Mr. Francis, 95, 178, 196, 361. Lispenard, Mr. Leonard, 177, 196. Livingston, Mr. P. V. B., 3'2, 177, 196. Livingston,Robert R.,Esq., 8, 9, 32. Livingston, Philip, Esq., 32, 84, 76, 85, 95, 177. Livingston, William, Esq., 82 Lott, Mr. Abram P., 177, 196. Low, Isaac, Esq., 84, 177, 178, 181, 194. Ludlow, Gabriel H., 177. Mabie, Mr. Yost, 183. Mandeville, Mr. Francis, 192. McAdam, William, 177. McDougall, Mr. Alexander, 177, 1915. McEwers, Mr., Stamp-dis tributor, 32. McEvers, Charles, 177. Marston, Thomas, 177. Meeting, Windsor Resolu tions. 192. Miller, Mr. Eleazer, 181. Moore, Sir Henry, Gov., 33, 35, 36, 37, 175. Moore, John, 177. Morris, Gouverneur, 361. Morris, Lewis, 95. Newkirk, Mr. Jacob, 186. New York, 30, 174, 354, 361, 366, 367, 369, 383. N. Y. Assembly appoints Committee of Corre spondence, 195. Nicholl, Charles. 177. O'Cullaghan, N. Y. histori cal collector, 174, 192. Orange Town Resolutions, 182. Out water, Mr. Thomas, 183. Palatine Resolutions, 184. Parks, Mr. Arthur, 186. Pearsall, Thomas, 177. Randall, Thomas, Capt., 177, 196. Remson, Henry, 177. Rye Resolutions, 183. Sears, Isaac, Esq., 174, 177, 196. Seizure of ordnance by the people, 191. Shaw, Charles, Esq., 177. Sharpe, Richard, 177. Sherbrook, Miles. 177. Shutts, Nuoc, 192. Smith, Mr. William, 181. Smith. Mr. Hendrick, 186. Sons of Liberty, 16. South Haven Resolutions, 181. INDEX. 395 Speech of Isaac Low, 178. Stamp Act, 174. Thomas, Mr. John, Jr., 183. Thomas, Mr. Samuel. Thompson, Samuel, 195. Thurman, John, 177. Trimble, Alexander, 186. Tryon, Gov., 175. 176, 190, 192. Tryon to Dartmouth, 175. Tryon retreats to British man-of-war, 191, Ulster Co. Meeting, 185. Ulster Co. Meeting Resolu tions, 185. Van Horn, David, 177. Van Schaach, Mr. Peter, 177, 178. Van Zandt, Mr. Jacobus, 177, 196. Wallace, Alexander, 177. Walton, Abraham, 177. Walton, William, 177. Westchester Co. Resolu tions, 184. White, Mr. Hezekiah, 192. Wicker, Mr. Thomas. Wisner, Henry, Esq., 73, Wood, Israel, Esq., 182. Woodhull, John, 195. Wyncoop, Mr. Adrian, 186. Yates, Richard, 177. Yates, Robert, Esq., 369. Young, Hamilton, 177. NORTH CAROLINA. Alamance Creek, 62. Alston,William, Esq., Hali fax, 294. Alexander, Abraham, Mecklenberg, 316. Alexander, Adam, Esq., Mecklenberg, 315. Alexander, Robert, Esq., Mecklenberg, 302. Alexander, John McKnitt, Esq., Mecklenberg, 316. Ancrum, John, Esq., 293. Anson Co., 296, 301. Ashe, Samuel, Esq., 293. Ash, John, Esq., 57, 58. Association of Ladies, 307. Bath, N. C., 302. Benbury, Thomas, 301. Beaufort Co., 301. Bertie Co., 301, 309. BladenCo. 301. Blount, Wm., Esq., 368, 383. Bradford, John, 294. Brevard, Eph Esq., 314. Brearley, David, Esq. Brigtt, Simon, Esq., 301. Brown, William, Esq., 302. Brunswick Co., 57, 301. Bryan, Needham, Esq., 301. Campbell, John, Esq., 301. Campbell, Farquard, Esq., ' 301. Cape Fear, 57, 295. Carteret Co., 301. Caswell, Richard, 73, P4, 301, 305, 306, 308, 309, 315. Charlotte, N. C., Mecklen berg Co., 311, 315. Chowan Co., 301. Clayton, Francis, Esq., 293, 302. Cogdell, Richard, Esq., 295, 301, 317, 318. Collett, Capt., 295. Congress at llilsborough Resolutions, 318. Convention at Newbern, 297. Coor, James, Esq., 301. Craven Co., 301, Cumberland Co., 301. Davis, A., 295. Davie, William Richardson, Esq., 368. Davis, James, 310. Declaration of Mecklen berg (May 20, 1775), 311, 315. De Rossett, Lewis H., Esq., 295, 300, 301, 309. Dickson, William, 296, 301. Diligence, British sloop with stamps, 57. Dobbs Co., 301. Duplin Co., 301. Dry, Wm., Esq., 300, 301. Edenton, 57, 302, 307. Edwards, Isaac, Esq., 302. Everigin, .Edward, Esq., 302. Few, Capt., 62. Fort Johnston, 295. Fraser, Jeremiah, Tyrrell Co., 302. Geddy, John, Esq., Hali fax, 302. Gibson, Walter, Esq., Bla- den Co., 301. Granville Co., 60, 301. Gray, Thomas, Esq., Du plin Co., 301. Gray, Mr. William, Onslow Co., 302. Guilford Co., 296. Hagan, James, Esq., Hali fax Co., 294. Halifax Co. Committee Resolutions, 294, 301. Halifax Town, 302. Harvey, John, Esq., Per- quimans Co., 302. Harnett, Corns, 362. Harvey James, 310. Harvey, John, Esq., 297, 302, 307. Hart, Thomas, Esq., Or ange Co., 302. Harvey, Benjamin, Esq., Perquimans Co., 302. Harvey, Thomas, Esq., Perquimans Co., 302. Hasell, James, Esq., New bern, 300, 301, 309. Hatch, Lemuel, 301. Haywood, Egbert, Esq., Halifax Co., 294. Haynes, Thomas, Esq., Halifax, 294. Haynes, Eaton, Esq., 296. Hearring, Jonathan, Esq., Pasquotank Co., 309. Hewes, Joseph, Esq , 73, 84, 96, 302, 305, 308, 315. Hicks, Thomas, Esq., Du plin Co., 301. Hillsborough, 61. Hill, Green, Esq., Bute Co., 301. Hogg, Robert, Esq., Wil mington, 293. Hooper, William, Esq. , 73, 84, 96, 293, 301, 305, 308, 315. Houston, James, inted ----, ---, Howe, Robert, Esq., Wil mington, 293, 301. Husbands, Herman, Esq., 60. Hunter, Thomas, Esq., Chowan Co., 301. Hunt, Memucan, Esq., Granville Co., 301. Hunter, Mr., 296. Hyde Co., 301 Jarvis, Samuel, Esq., Cur- rituck Co., 301 Jenkins, David, Esq., Try- on Co., 302. Johnston, Samuel, Esq., Chowan Co., 301, 318. Johnson, Samuel, Esq., 306. Johnston Co., 301. Jones, Frederick, Esq., Wilmington, 293. Jones, William, Esq., Hali fax, 294. Jones, Thomas, Esq,, Chowan Co., 301. Jones, Allen, Esq., North- hampton, 302. Jones, Joseph, Esq., Pas quotank Co., 302. Jones, Willie, Esq., 301, 368. Journals of Assembly, 309. Kenan, James, Esq., Du plin, 301. Kennon, William, Esq., Rowan Co., 302. Knox, Andrew, Esq., Per quimans Co., 297, 302. Latham, Rothias, Esq., Hyde Co., 301. Leech, Joseph, Esq., Cra ven Co., 301. Long, Nicholas, Esq., Hali fax Co., 294, 301. Maclain, Archibald, Esq., Wilmington, 293. Macknight, Thomas, Esq., Currituck Co., 297. McCulloch, Benjamin, Esq., Halifax, 294. 396 INDEX. McKinney, William, Esq., Dobbs Co., 301. McCulloch, Alexander, Esq., 309. McGuire, Thomas, Esq. Martin, historian, 7, 55, 57, 59. Martin, Josiah, Esq., Gov., 295, 300, 301, 308, 309, 314. Martin, Alex., Escr, 368. Mecklenberg Co. Resolves (of May 31, 1775), 301,311, 314, 315. Mercury, Cape Fear, 314, 315. Meeting of the Inhabitants, 57. Miller, Mr. Andrew, mer chant, Halifax, 294, 295. Miller, George, Esq., Dobbs Co., 301. Moore, Col. James, Wil mington, 293. Nash, Abner, Esq., 302. Newbern, 57, 295, 297, 302. New Hanover Co., 57, 301. Newbern Committee, 317, 318. Newbern Committee Reso lutions, 317. North Carolina. 56, 291, 354, 362, 367. 368, 383. North Carolina Conven tion, 301. N. C. Provincial Congress, Resolutions of, for Inde pendence, 320. Northampton Co. Commit tee, 296, 302. Oldham, Thomas, Esq., Chowan Co., 301. Onslow County, 302. Ormond, Roger, Esq., Beaufort Co., 301. Pasquotank Co., 302, 309. Patton, Benjamin, Esq., Mecklenberg Co., 301. Penn, John, 96, 362. Person, General Thomas, 60, 301. Person, William, Esq., Bute Co., 801. Perkins, Solomon, Esq., Currituck Co., 301. Perquimans Co., 297, 302. Pitt Co., 302. Polk, Col. Thomas. Proclamation, a, 300, 308, 309, 314. Privy Council, 299, 300. Quince, Parker, 299. Raleigh Register, 311, 315. Randolph Co., 60. Rayner, Nathan, Esq., Currituck Co., 301. Reading, Joseph, Esq., Pasquotank Co., 302. Regulation War, 58. Respass,Thomas, Jr., Esq., Beaufort Co., 301. Rowan Co., 302. Rutherford, John, Esq., 301, 309. Rutherford, Thomas, Esq., Cumberland Co., 301. Salter, William, Esq., Bladen Co , 301. Salter, Edward, Esq., Pitt Co., 302. Sampson, John, Esq., Newbern, 300, 301. Simpson, John, Esq., Pitt Co., 302. Smith, Samuel. Esq., Hyde Co., 801. Smythwick, Edmund, Esq., Martin Co., 301. Spaight, Richard Dobbs, Esq., 368, 383. Spencer, Mr. Samuel, 301. Spruill, Joseph, Esq., Tyr rell Co., 302. Stamp Act, 56. Stanley, Mr. David, Bertie Co., 309. Strudwick, Samuel, Esq., 309. Sumner, David, 294. Taylor, Rev. Charles Ed ward, 296. Thomas, William, Esq., Anson Co., 301. Thomas, William, Esq., Carteret Co. Thompson, William, 301. Try on, Gov., 57, CO, 61, 291. Try on Co. Association, 302, 317. Tyrrell Co., 302. Waddell Col., 57. Warwick, Mr. Anthony, 296. Weldon, Samuel, Esq., Halifax, 294. Whedbee, John, Jr., Per quimans Co., 302. Williams, John, 362. Wilmington, 298, 299, 302. Williamson, Dr. Hugh, 59, 292, 364, 368, 383. Wilmington Resolutions, 293. Williams, Joseph John, Esq., Halifax, 294. Williams, Benjamin. Esq., Johnston Co., 301. Winslow, Moses, Esq., Rowan Co., 302. Wilmington District Asso ciation, 57, 319. Wilmington Committee, Letter from, 297. Young, Samuel, Esq., Rowan Co., 802. PENNSYLVANIA. Address to John Hancock and Thomas Gushing, 207. Allen, William, Esq., 44. Allen, Mr., Cumberland Co., 197. Assembly Resolutions, 41, 204, 212, 213. Assembly authorizes Inde pendence, 216, 217. Assembly Protest, 199. Biddle, Edward, Esq., 84, 205. Bradford, William, Esq., Bucks Co. Resolutions, 206, 209. Carlisle, letter from, 209. Chapman, Mr. John, 206. Cheney, Mr. Richard, 206. Chester Co., 201. Chester Co. Committee, 206, 210. Chester Co. Resolutions, 201. 210. Clingan, William, 362. Clymer, George, 96, 368, 383. Convention approves pro ceedings of Continental Congress, 205. Cox, John, Esq., 44. Coxe, Tench, Esq., 367. Dickinson, John, Esq., 10, 44, 80, 84, 87, 201, 205. Donaldson. Joseph, 208. Dowdle, Michael, 208. Dovel, William, Esq., 44. Duche, Rev. Mr., 73. Eichelberger,George, 208. Fitzsimmons,Thomas,Esq., 363, 368, 383. Franklin, Dr. Benjamin, 43, 46, 87, 91, 96, 213, 214, 337, Frazer, Mr., Chester Co., 206. Friend, Capt.,44. Fuvin, George, 208. Galloway, Joseph, Esq. , 84, 197. Gordon, historian, 197. Greenow, Mr.. Chester Co., 206. Grier, David, 208. Hart, Joseph, Esq., Buck's Co., 206, 210. Hartley, Thomas, 208. Hartley, David, 214. Hay, John, 208. Hockley, Mr., Chester Co., 206. Hughes, John, stamp mas ter, 42, 43, 45. 46. Humphreys, Chas, 84. 205. Ingersoll, Jared, 368, 383. Johnston, Mr. Francis, Chester Co., 206, 211. Kean, Mr., 365. Kidd, Mr. John, Bucks Co., 210. Kirkbride, Mr. Joseph, Bucks Co., 210. Lancaster Co. Resolutions, 200. Leedom, Mr. Richard, Bucks Co. INDEX. 397 Lloyd, Mr., 206. McCall, Archibald, 44. Meeting of Mechanics, Res olutions of, 200. Miffilin, Thomas, Esq.. 84, 205, 368, 383. Morris, Robert, Esq., 44, 96, 362, 368, 383. Morton, John, Esq., 84, 96, 205. Moore, Mr., Chester Co., 206. Morris, Gouverneur, Esq., 368, 383. Muhlenberg, Frederick A., Esq., Speaker, 372. Northampton Co. Resolu tions, 202. Pennsylvania, 10, 41, 196, 354, 362, 366, 367, 368, 383. Peun, Willicam, Esq., 234. Pennsylvania Convention, 202, 205. Pennsylvania Convention Resolutions, 203. Pettit, Mr., 365. Petition to the King, 197. Philadelphia Resolutions, 201. Presbyterians, 43. Reed, Joseph, 362, 364. Reel, Peter, 208. Richards, William, 44. Roberdeau, Daniel, 362. Ross, Geo. Esq., 73, 84, 96. Rush, Benjamin, 96. Schmyser, Michael, 208. Smith, Jonathan. Bayard, 362. Smith, James, 96, 208. Spang] er, Balzard, 208. Stamp Act, 41. Swope, Michael, 208. Taylor, Mr. George, Ches ter Co., 96. 202, 206. Thompson, Mr. Charles, 44, 45. Tilghman, James, Esq., 44, 45. Wallace, Mr. James, Bucks Co., 210. Wayne, Anthony, Esq.,210. Westmoreland Co. Meeting of Inhabitants, 211. Westmorland Co. Meeting, Resolutions by, 211. Wilson, James, 96, 368, 383. Willing, T. Esq., 201. Wyncoop, William, 210. Yorktown Committee, 206. York Co. Committee let ter to Gov., 208. RHODE ISLAND. Angell, James, Esq., 165. Assembly, General, Reso lutions, 21, 163, 165, 169, 171, 363. Bo wen, Ephraim, 24. Bradford, William, Esq., 169. Briggs, Aaron, Esq., 162. British Sloop Cygnet, 22. Brown, Moses, Esq., 23. Brown, John, Esq., 162. Charter of R. I., 23. Collins, John, 361. Daughters of Liberty, 24. Ellery, William, 95, 361. Fort George, 22. Gaspee Point. 162. Gazette, Providence, 21. Gorton, Othniel, Esq., 23. Green, Benjamin, Esq., 23. Greene, Nathaniel, Gen., 169, 174. Hazzard, George, 23. Hall, William, Esq., 23. Hopkins, Stephen, Esq., Chief Justice, 84, 95, 161, 163. Howard, Martin, Jr., 21. Jenckes. Daniel, Esq., 23. Johnston, Augustus, Esq., 21. Katy, armed vessel, 172. Leslir, captain of Cygnet. 22. Letter from New York, 167. Letter to Speaker of As sembly, 169. Marchant, Henry, 361. Mawney, Dr. John, 162. Moffat,'Dr., 21. Newport, 23. Newport Committee to Philadelphia Committee, 168. Nitingale, Samuel, Esq., 164. Providence Town Meeting, 166. Providence Town Meeting Resolutions, 163, 164. Randall, Joseph, 23. Rhode Island, 160, 354, 361, 363, 367. Sabin, Mr. James, 162. Sons of Liberty, 24. Stamp Act, 21. Wanton, Gideon, Gov., 22, 161, 163, 172. Wanton, Joseph, Gov., 22, 161, 163, 172. Ward, Samuel, Gov., 22, 24. Ward, Henry, Esq., 23, 166, 170, 172. Ward, Samuel, Esq., 22. Washington, armed vessel, 172. Whipple, Capt. Abraham, 162, 172. SOUTH CAROLINA. Ashley River, 64. Non-consumption of tea, Association, 332, 334. 327. Boone, Gov., 62. Parsons, Mr., 321. Bradley, Mr. Samuel, 330. Payn, John, Esq., 330. Bull, Lieut. Gov., 62. Butler, Pierce, Esq., 369, 383. Campbell. Lord Wm., 333. Cannon, Daniel, Esq., 64 Cantey, Samuel, 330. Cantey, John, 330. Carter, Robert, 330. Cassells, Henry, 330. Cattell, Mr., 326. Charleston, 62. Cheraw, 328. Christ Church Parish, 326. Coffity, Thomas, 330. Constitution agreed upon, 335. Conyers, James, 330. Dart, Mr., 321. Davis, Mr. James. Dealey, John, 332. Drayton, Mr. historian, 63, 326,331. Drayton, William Henry, judge, 328, 352. Dukey. Edward, 330. Dunn, Sylvester, Esq., 330. Elliott, Mr., 321. English, Joshua, 330. Extracts of letters, 322, 325. Frier son, Aaron, Esq., 330. Gadsden,Christopher, Esq., 8, 9, 63, 85, 321, 324, 326, 327. Gamble, John, 330. Gazette, 311, 327. General Meeting, Charles ton, Resolutions, 322, 323. General Order of General Washington, 336. Gordon, Moses, 330. Grand Jury Presentment, 329. Hey ward, Thomas, Jr., 96, 362. Heywood, Mr., 326. Hunter, Henry, Esq., 330. Hutson, Richard, 362. James' Island, 64. Johnson, Fort, Charleston, 63,64. Lamboll's Bridge, 64. Lasley, Capt., 333. Laurens, Henry, Esq., 321, 332, 362. Lloyd, Mr., 321. Lloyd, commandant Fort Johnson, 64. Lynch, Thomas, Esq., 9, 63, 85, 96, 321, 324, 326, 327. Martin, Loughlin, 332, 333. Matthews, John, 362. Middleton, Arthur, 96. Middleton. Henry, Esq., 85, 324, 326, 327. Montague, Gov., 321. 398 INDEX. Pinckney, Charles Cotes- worth. Esq., 321, 365. 369, 383. Pinckney,Charles,Esq., 365, 309, 383. Powell, Col. George G., 326. Provincial Congress, 330, 334. Provincial Congress, Ad dress to Gov., 333, 334. Provincial Congress Reso lutions, 331, 334. Rutledge, John, Esq., 9, 63, 76, 85, 87, 324, 326, 327, Rutiedge, Edward, Esq., 9, 76, 85, 96, 321, 324, 326, Singleton, Matthew, 330. South Carolina, 62, 321, 354, 362, 369, 383. S. C. Assembly Resolves, 326. Smith, Rev. Robert, 332. St. Philip's Church, 332. St. John's, Colleton Co.,326. Stamp Act, 63, 65. Styles' Plantation, 64. Sutton, Jasper, Esq., 330. Timothy, Peter, Esq., 334. Weyman, Edward, Esq. , 64. Williamson, Wm., Esq., 64. Wilson, David, 330. Witherspoon, John, Esq., 330. VIRGINIA. Accomack Co. Resolutions, 282. Adams, Thomas., 362. Adams, Richard, Esq., 274. Albemarle Co. Resolu tions, 281. Alexander, John, Esq., 280. Allen, Mr. Isham, 268. Anderson, Benjamin Esq., Hanover Co., 288. Assembly, General, Reso lutions, 368. Augusta Co. Resolutions, 284, 290. Aylett, William, Esq., 288. Balmain, Rev. Alex., 284. Banister, John, 362. Berkeley, Nelson, 288. Blair, John. 368, 383. Bland, Richard, Esq., 84, 261. Botetourt, Gov., 259, 260. Bowyer, Mr. Michael, 284. Bradford, John, Esq. Braxton, Carter, Esq., 96, 288. Bright, Mr. Robert, 280. Broad water, Charles, 279. Buckingham Co. Resolu tions, 284. Burgesses, House of, 258, 261. Burgesses. House of, Reso lutions of, 258. Buike, historian, 10, 55, 261. Carrington, Paul, 55. Cary, Archibald, Esq.. 261. Carr, Dabney, Esq., 261. Carter, Charles, Esq., 280. Caroline Co. Resolutions, 273. Chesterfield Co. Resolu tions, 272. Charlottsville. 287. Cocke, Allen, Esq., Surry Co., 276. Cranch, William, Esq., 288. Culpepper Co. Resolutions, 268. Dabney, George Jr., 288. Davis, A., Esq., Halifax. Delegates, House of, Reso lutions by, proposing General Convention, 366. Diggs, Dudley, Esq., 261, 276. Dinwiddie Co. Resolutions, 275. Doncastle's Ordinary, 289. Dumfries, 287. Dunmore Co. Resolutions, 264. Dunmore, Lord. Duvall, Samuel, Esq., 274. Essex Co. Resolutions, 269. Elizabeth City Co. Resolu tions, 280. Fairfax Co. Resolutions, 277. Faquier Co. Resolutions, 269, 286. Fredericksburg, 269. Giberne, Rev. Isaac W., 266. Gilmer, Lieut. George, 288. Gloucester Co. Resolu tions, 272. Grayson, Capt. William, 286, 287. Greenwood, John, Esq., Norfolk, 263. Hanover Co. Committee, 288. Harrison, Robert, Esq., Halifax Co., 277. Harrison, Benjamin, Esq., 84, 91, 92, 96, 261. Harvey, John, 362. Harvey ,William, Esq.,Nor- folk, 263. Henrico Co., Instructions to Delegates, 274. Henrys James, Esq., Acco mack, 282. Henry. Patrick. 15. 23, 53, 54. 55, 76, 84, 261, 289, 368. Henry's Resolutions in H. of Burgesses. 54. Henry's Speech on Stamp Act. 55. Hubbard, James, Esq., Gloucester Co.. 273. Hutchings, Joseph, Esq., Norfolk, 263. luglis, Samuel, Esq., Nor folk, 263. James City Co. Resolu tions, 268. Jamiseon, Neil, Esq., Nor folk, 263. Jefferson, Thomas, Esq., 53, 55, 87, 91, 96, 261, 364. Jones. Walter, 366. King William Co., 288. King, Henry, Esq., Eliza beth City, 280. Lawson, Anthony, Esq., 283. Lee. Francis Lightfoot, 96, 362. Lee, Philip R. F., Esq., 287. Lee, Richard Henry, Esq., 72, 76, 84, 85, 91, 96, 261, 362. Lewis, Mr. Thomas, Au gusta Co., 284. Lewis. Mr. William, Au gusta Co., 284. Lewis, Capt. Charles, 288. Love, Alexander, Esq., Norfolk, 263. Loyall, Paul, Esq.. Norfolk, 263. . McClenachan, Capt. Alex ander, Augusta Co., 284. McClurg, James, Esq.. 284. McDowell, Capt. Samuel, Augusta Co., 284. McRobert, Rev. Archibald, 272. Madison, James, Jr., Esq., 363, 366, 367, 368. 383. ' Marks, Jno., 2d Lieut., 288. Mason, George, Esq., 366, 368. Matthews, Mr. Sampson, Augusta Co.. 284. Matthews, Capt. George, Augusta Co., 284. Mercer, George, Esq., 55, 56. Mercer, Hugh, Esq.. Fred ericksburg. 286, 287. Middlesex Co. Resolutions, 274. Monroe, James. 365. Morris, Richard, Esq., Hanover, 288. Nansemond Co. Resolu tions, 270. Nelson, Thomas, Jr., York Co.. 96, 276. New Kent Co., 271, 289. New Kent Co. Resolutions, 271. Newton. Thomas, Esq., Norfolk. 263. Nicholas, Robert Carter, 261, 289. Norfolk, Letter of Citizens to People of Charleston, 262. Overton, Samuel, Esq., Hanover, 288. Pendleton, Hemy, 268. INDEX. 399 Pendleton, Edmund, Esq., Address of the two Houses Mansfield, Lord, 3,4 84, 201, 291. of Parliament to the Montague, Admiral, 161. Pendleton, John, Esq., King, 68. New Castle, Duke of, 13. Hanover, 288. Address of House of Com- North, Lord, 299. Powell, John, Esq., Acco- mons to the King, 70. Parliament, British, 258 mack, 283. Barre, Col., Member of Par- Pitt, William, Esq., Speech Prince William Co. Reso- liament, 24, 59. of, 19. lutions, 26.3. Bedford, Duke of, 68. Pitt, William, Earl of Chat- Prince George Co. Reso- Beaver, British schooner, ham, 12, 16. lutions, 267. 161, 163. Pownall, John, Esq., Sec- Princess Anne Go. Reso- Blackstone, Sir William, retary to Board of Trade lutions, 283. 329. 72. Ratisdell, Wharton, Esq., Boston Port Bill, 106. Reid, Capt. William, Brit- 269. Buckinghamshire, Earl of, ish ship Liberty, 161. Randolph, Peyton, Esq., 96. Revenue Act, 219. 84, 2G1, 337. Burke, Edmund. Revenue Act, Repeal of, Randolph, Edmund, Esq., Bute, Earl of, 17. 219. 066, 367, 368. ' Campbell, Lord William. Revolutionary Provincial Reed, Joseph, Esq., 290. Charles I., 55. Governments, 120. Richmond Resolutions,266. Child, Sir Josiah, 3. Rose, British ship, 167, 172. Robinson, John, Esq., 288. Chambers, captain of ship Speaker elected, 372. Ronald, William, 366. London, 176. State Paper Office, Lon- Ross, David, 366. Commons, House of, 3. don, 311. Skelton, Merri wether, Esq., Commons, House of, Reso- Stamp Act, 7, 9, 13, 15, 16. Hanover Co., 288. lutions, 3, 71. Swan, British ship, 172. Skinner, Alexander, Esq., Conway, General, 13, 32, 36. Townsend, Charles, 59. Norfolk, 263. 40, 41. Wallace, captain of the Smith, Merriwether, 366. Cromwell, Oliver. British ship Rose, 167, Spotswood, Alexander, 287. Davenant, 3. 172. Spotsylvania Co. Resolu- Dartmouth, Earl of, 35, 71, tions, 266. 72, 175, 190, 191, 311. MISCELLANEOUS. Stafford Co. Resolutions, Duddingston, lieutenant of Address to the people of 279. British schooner Beaver, Great Britain, 85, 90. Stamp Act, 53. 161, 162. Amendments to the Con- Surry Co. Resolutions. 276. Fanshaw, captain of Brit- stitution, 384. Syme, John, Esq., Han- ish ship Speedwell, 66. Allen, Col. Ethan, 157. over Co., 288. Gaspee, British schooner, Articles of Confederation, Tithes paid in tobacco, 53. 161, 163. 354. Tucker, St. George, Esq., Germain. Lord George, 70. Archives, American, 146. 366, 367. ' Graf ton, the Duke of, 3. Bancroft, Historian, 7, 10, Upshaw, John, Esq., 269. Graves, Vice- Admiral. 311, 321, 322. Virginia, 53, 354, 362, 367, Grenville, Lord, 12, 13, 17. Beginning of the end, 72. 368, 383. Halifax, Earl of, 15, 16, 31. Colonial Documents, 39. Virginia Convention, 285, Hannah, British sloop, 162. Colonies, movements of,96. 291. Hazzard's Register, 41. Committee to consider In- Washington, George, Esq., Hillsborough, Earl of, 174, dependence Resolutions, 84, 277, 279, 287, 290, 368. 197, 321, 338. 91. 371, 372, 383, 386. House of Lords, Report of, Committees of Correspond- Weldon, Mr. G., 287. on the Colonies, 96. ence, 261 Westmoreland Co. Resolu- King George HI., 10, 306. Congress of 1774, 72. tions, 265. King George III., Speech Congress of 1775, 87. Willis, Mr. John, 287. of, 101. Constitution of the United Wirt, William, Esq., 53. King WHHam and Queen States reported. 369. Woodstock, 264. Mary, 394-337. Constitution ratified by the Wythe, George, Esq., 96, Liberty, British armed States. 371. 368. sloop, 161. Constitution, text of. 373. York Co. Resolutions. 276. Lindsey, Capt. Benjamin, Congress, Continental, 7, British sloop Hannah, 242. rjTMTAT mjTTAm 162 ' ' Continental Congress rec- GREAT BRITAIN. Linzee, captain of the ommends Colonies to Beaver, 163. form governments, 242. Act of Parliament, 35th Lords, House of, 67, 70. Convention to frame the Henry VIII., A.D. 1543, Lords, House of, Resolu- Constitution, 369. 69, 342. tions, 67. Congress of Confederation, Act abolishing the charter Lords of Trade, 30, 32. 364. of Massachusetts, 113. Lords of Trade, Address to Congress of Confederation, Act sending criminals the King, 31. Resolutions by, 365. beyond sea for trial, 112, Lords of the Treasury, 13. Declaration of Rights, 11, 117. Lockwood, Captain, 176. 76. Ascough, captain of British Lockyer, captain of East Declaration of Independ- ship Swan. India Company ship, 176. ence, 92. 400 INDEX. Declaration of causes for taking up arms, 87, 88. Dumas, M., France, 214. Dummer, Mr., 8. Election of President and Vice President, 372. Fletcher, tyranny of. 29. Gage, Gen., 9, 33, 40, 137, 138, 139, 232. General Convention at Annapolis, Resolutions by, 367. Goodloe, Daniel R., title- Hickey'R Constitution, 354. Inaugural Speech of Wash ington, 386. Independence. Resolutions of Richard Henry Lee, 91. Independence Resolutions, consideration of, 91. Introduction, 3. Jackson, William, 383. King William III., 3. Liberty Tree, 17. McCali, Archibald, Esq., 44. Non-consumption Associa tion, 80. Non-exportation Associa tion, 80. Non-importation Associa tion, 80. Paine's, Thomas, Common Sense, 215. Petition to the King, 90. President pro tempore of the Senate elected, 372. Priestly, Dr. Joseph, 213 " Prior Documents,' 1 41. Proceedings of Continental Congress, 72. Republic. Birth of the, 7. Resolutions of Continental Congress, 72, 74, 75, 76. Revolution, English, 3. Reply of Congress to King's Proclamation, 90. Reply of Lords to King's Speech, 101. Richards, Wm. P., 44. Rules of Proceedings. Con tinental Congress, 72. Signers of the Declaration of Independence. Signers of the Articles of Confederation. Slave Trade Discontinued, 82. Slaves not to be imported, 82. Smith, Richard, Esq.. Con tinental Congress. Speech of Congress to Six Nations, 90. Standing army. Superior court. Talbot, Mr., 3. Thompson, Chas., 241, 242. Tories, 296. Vox Populi, 21. Warner, Seth, 157. Chapter I., 7. Chapter II., 67. Chapter III., 72. Chapter IV., 96. Chapter V., 120. Chapter VI., 321. Chapter VII., 337. 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