\JWilliam Barret Travis: Letter from the commandancy of the Alamo (1836)\j
\JConcord Hymn (July 4, 1837), The\j
\JDeclaration of Causes of Seceding States (1861)\j
\JConstitution of the Confederate States of America (March 11, 1861), The\j
\JBattle Hymn of the Republic, The\j
\JMcClellan's Letter to Lincoln on His Evacuation from the Penninsula Campaign (July 7, 1862)\j
\JGettysburg Address - Hay and Nicolay Versions (November 19, 1863), The\j
\JAbraham Lincoln's Proclamation on the Wade-Davis Bill (July 8, 1864)\j
\JWade-Davis Manifesto (August 5, 1864), The\j
\JEmancipation Proclamation (1864), The\j
\JAbraham Lincoln's last speech (April 11, 1865)\j
\JFirst Open Door Note (September 6, 1899)\j
\JEspionage Act (May 16, 1918), The\j
\JNeville Chamberlain: Peace In Our Time (September 30, 1939)\j
\JNeutrality Between Soviet Union and Japan\j
\JGermany's Statements Regarding Invasion of Poland (1939)\j
\JFrance's Response to German Invasion of Poland (1939)\j
\JBritain's Response to German invasion of Poland (1939)\j
\JNeutrality Act of 1939 (November 4, 1939), The\j
\JHemispheric Defense (August 18, 1940)\j
\JF. D. Roosevelt's 'Four Freedoms' Speech (January 6, 1941)\j
\JAtlantic Charter (August 14, 1941), The\j
\JDocuments on Japanese Attack on Pearl Harbour (December 7, 1941)\j
\JFranklin D. Roosevelt's Infamy Speech (December 8, 1941)\j
\JTripartite Alliance During WWII\j
\JDeclaration of War on Japan (December 8, 1941), The\j
\JDeclaration of War on Germany (December 11, 1941), The\j
\JF. D. Roosevelt's Statement on North African Policy (November 17, 1942)\j
\JCasablanca Conference (February 12, 1943)\j
\JMoscow Conference (October, 1943)\j
\JCairo Conference (November, 1943)\j
\JYalta (Crimea) Conference (February, 1945)\j
\JGerman Surrender Documents of World War II (May 8, 1945), The\j
\JJapanese Surrender Documents of World War II (September 12, 1945), The\j
\JTruman Doctrine (March 12, 1947), The\j
\JNorth Atlantic Treaty (April 4, 1949), The\j
\JEisenhower's Letter to Ngo Dinh Diem (October 23, 1954)\j
\J'I Have A Dream' -- Dr. Martin Luther King Jr. (August 28, 1963)\j
\JTonkin Gulf Incident (1964), The\j
\JTreaty On the Non-Proliferation of Nuclear Weapons (1968)\j
\JCivil Rights Act of 1991\j
\J1996 State of the Union Address of President William J. Clinton, The\j
\J1997 State of the Union Address of President William J. Clinton, The\j
\JFederalist Papers\j
#
"King Ferdinand's letter to the Taino/Arawak Indians",3,0,0,0
IMPERIALISM WITHOUT ANY PRETENCE!
Below is a letter which King Ferdinand sent along with Columbus on his second voyage to \JHaiti\j. It was to be communicated to the Taino/Arawak Indians. It is a fascinating document. The King wants the Indians to acknowledge the Christian religion and God, and to accept the authority of the King of \JSpain\j.
The letter is a mix of promises of benefits that will come to them, but quickly followed up with the direst of threats if they do no comply.
It is all so blatant. I read documents like these from past centuries and I often think I'd rather be living in a time when there wasn't as much pretence. It seems, at least, that people were bolder, or more fool hardy or perhaps just more powerful and arrogant, but they tended to say what they meant.
Today countries like the U.S. seem to be just as imperialistic as was \JSpain\j in 1500, but they try to act like they are not. King Ferdinand's letter is shocking and horrible, but at the same time the unmasked nature of his \Jimperialism\j is refreshing.
In the name of King Ferdinand and Juana, his daughter, Queen of Castile and Leon, etc., conquerors of barbarian nations, we notify you as best we can that our Lord God Eternal created Heaven and earth and a man and woman from whom we all descend for all times and all over the world.
In the 5,000 years since creation the multitude of these generations caused men to divide and establish kingdoms in various parts of the world, among whom God chose St. Peter as leader of mankind, regardless of their law, sect or belief.
He seated St. Peter in \JRome\j as the best place from which to rule the world but he allowed him to establish his seat in all parts of the world and rule all people, whether Christians, Moors, Jews, Gentiles or any other sect. He was named Pope, which means admirable and greatest father, governor of all men.
Those who lived at that time obeyed St. Peter as Lord and superior King of the universe, and so did their descendants obey his successors and so on to the end of time.
The late Pope gave these islands and mainland of the ocean and the contents hereof to the above-mentioned King and Queen, as is certified in writing and you may see the documents if you should so desire.
Therefore, Their Highnesses are lords and masters of this land; they were acknowledged as such when this notice was posted, and were and are being served willingly and without resistance; then, their religious envoys were acknowledged and obeyed without delay, and all subjects unconditionally and of their own free will became Christians and thus they remain.
Their Highnesses received their allegiance with joy and benignity and decreed that they be treated in this spirit like good and loyal vassals and you are under the obligation to do the same.
Therefore, we request that you understand this text, deliberate on its contents within a reasonable time, and recognize the Church and its highest priest, the Pope, as rulers of the universe, and in their name the King and Queen of \JSpain\j as rulers of this land, allowing the religious fathers to preach our holy Faith to you.
You own compliance as a duty to the King and we in his name will receive you with love and charity, respecting your freedom and that of your wives and sons and your rights of possession and we shall not compel you to \Jbaptism\j unless you, informed of the Truth, wish to convert to our holy Catholic Faith as almost all your neighbors have done in other islands, in exchange for which Their Highnesses bestow many privileges and exemptions upon you.
Should you fail to comply, or delay maliciously in so doing, we assure you that with the help of God we shall use force against you, declaring war upon you from all sides and with all possible means, and we shall bind you to the yoke of the Church and of Their Highnesses; we shall enslave your persons, wives and sons, sell you or dispose of you as the King sees fit; we shall seize your possessions and harm you as much as we can as disobedient and resisting vassals.
And we declare you guilty of resulting deaths and injuries, exempting Their Highnesses of such guilt as well as ourselves and the gentlemen who accompany us. We hereby request that legal signatures be affixed to this text and pray those present to bear witness for us, etc.
Courtesy of \IUS Historical Documents Archive\i
#
"Magna Carta (1215), The",4,0,0,0
JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and \JAquitaine\j, and Count of \JAnjou\j, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting.
KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, \Jarchbishop\j of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry \Jarchbishop\j of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the knighthood of the Temple in England, William Marshal earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects:
(1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired.
That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections - a right reckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.
TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:
(2) If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a `relief', the heir shall have his inheritance on payment of the ancient scale of `relief'.
That is to say, the heir or heirs of an earl shall pay ú100 for the entire earl's barony, the heir or heirs of a knight l00s. at most for the entire knight's `fee', and any man that owes less shall pay less, in accordance with the ancient usage of `fees'
(3) But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without `relief' or fine.
(4) The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property.
If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same `fee', who shall be answerable to us for the revenues, or to the person to whom we have assigned them.
If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same `fee', who shall be similarly answerable to us.
(5) For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him, stocked with plough teams and such implements of husbandry as the season demands and the revenues from the land can reasonably bear.
(6) Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes place, it shall be' made known to the heir's next-of-kin.
(7) At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her.
(8) No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of.
(9) Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long as the debtor himself can discharge his debt.
If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them.
(10) If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum specified in the bond.
(11) If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the debt from it. If he leaves children that are under age, their needs may also be provided for on a scale appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.
(12) No `scutage' or `aid' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes only a reasonable `aid' may be levied. `Aids' from the city of London are to be treated similarly.
(13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.
(14) To obtain the general consent of the realm for the assessment of an `aid' - except in the three cases specified above - or a `scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter.
To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared.
(15) In future we will allow no one to levy an `aid' from his free men, except to ransom his person, to make his eldest son a knight, and(once) to marry his eldest daughter. For these purposes only a reasonable `aid' may be levied.
(16) No man shall be forced to perform more service for a knight's `fee', or other free holding of land, than is due from it.
(17) Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.
(18) Inquests of novel disseisin, mort d'ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.
(19) If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done.
(20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.
(21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence.
(22) A fine imposed upon the lay property of a clerk in holy orders shall be assessed upon the same principles, without reference to the value of his ecclesiastical benefice.
(23) No town or person shall be forced to build bridges over rivers except those with an ancient obligation to do so.
(24) No sheriff, constable, coroners, or other royal officials are to hold lawsuits that should be held by the royal justices.
(25) Every county, hundred, wapentake, and tithing shall remain at its ancient rent, without increase, except the royal demesne manors.
(26) If at the death of a man who holds a lay `fee' of the Crown, a sheriff or royal official produces royal letters patent of summons for a debt due to the Crown, it shall be lawful for them to seize and list movable goods found in the lay `fee' of the dead man to the value of the debt, as assessed by worthy men.
Nothing shall be removed until the whole debt is paid, when the residue shall be given over to the executors to carry out the dead man s will. If no debt is due to the Crown, all the movable goods shall be regarded as the property of the dead man, except the reasonable shares of his wife and children.
(27) If a free man dies intestate, his movable goods are to be distributed by his next-of-kin and friends, under the supervision of the Church. The rights of his debtors are to be preserved.
(28) No constable or other royal official shall take corn or other movable goods from any man without immediate payment, unless the seller voluntarily offers postponement of this.
(29) No constable may compel a knight to pay money for castle-guard if the knight is willing to undertake the guard in person, or with reasonable excuse to supply some other fit man to do it. A knight taken or sent on military service shall be excused from castle-guard for the period of this servlce.
(30) No sheriff, royal official, or other person shall take horses or carts for transport from any free man, without his consent.
(31) Neither we nor any royal official will take wood for our castle, or for any other purpose, without the consent of the owner.
(32) We will not keep the lands of people convicted of \Jfelony\j in our hand for longer than a year and a day, after which they shall be returned to the lords of the `fees' concerned.
(33) All fish-weirs shall be removed from the Thames, the Medway, and throughout the whole of England, except on the sea coast.
(34) The writ called precipe shall not in future be issued to anyone in respect of any holding of land, if a free man could thereby be deprived of the right of trial in his own lord's court.
(35) There shall be standard measures of wine, ale, and corn (the London quarter), throughout the kingdom. There shall also be a standard width of dyed cloth, russett, and haberject, namely two ells within the selvedges. Weights are to be standardised similarly.
(36) In future nothing shall be paid or accepted for the issue of a writ of inquisition of life or limbs. It shall be given gratis, and not refused.
(37) If a man holds land of the Crown by `fee-farm', `socage', or `burgage', and also holds land of someone else for knight's service, we will not have guardianship of his heir, nor of the land that belongs to the other person's `fee', by virtue of the `fee-farm', `socage', or `burgage', unless the `fee-farm' owes knight's service.
We will not have the guardianship of a man's heir, or of land that he holds of someone else, by reason of any small property that he may hold of the Crown for a service of knives, arrows, or the like.
(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.
(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.
\B\IFor more information click on \b\i\JMagna Carta (continued)\j
#
"Magna Carta (continued)",5,0,0,0
(40) To no one will we sell, to no one deny or delay right or justice.
(41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs. This, however, does not apply in time of war to merchants from a country that is at war with us.
Any such merchants found in our country at the outbreak of war shall be detained without injury to their persons or property, until we or our chief justice have discovered how our own merchants are being treated in the country at war with us. If our own merchants are safe they shall be safe too.
(42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for the common benefit of the realm.
People that have been imprisoned or outlawed in accordance with the law of the land, people from a country that is at war with us, and merchants - who shall be dealt with as stated above - are excepted from this provision.
(43) If a man holds lands of any `escheat' such as the `honour' of Wallingford, \JNottingham\j, Boulogne, Lancaster, or of other `escheats' in our hand that are baronies, at his death his heir shall give us only the `relief' and service that he would have made to the baron, had the barony been in the baron's hand. We will hold the `escheat' in the same manner as the baron held it.
(44) People who live outside the forest need not in future appear before the royal justices of the forest in answer to general summonses, unless they are actually involved in proceedings or are sureties for someone who has been seized for a forest offence.
(45) We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well.
(46) All barons who have founded abbeys, and have charters of English kings or ancient tenure as evidence of this, may have guardianship of them when there is no abbot, as is their due.
(47) All forests that have been created in our reign shall at once be disafforested. River-banks that have been enclosed in our reign shall be treated similarly.
(48) All evil customs relating to forests and warrens, foresters, warreners, sheriffs and their servants, or river-banks and their wardens, are at once to be investigated in every county by twelve sworn knights of the county, and within forty days of their enquiry the evil customs are to be abolished completely and irrevocably. But we, or our chief justice if we are not in England, are first to be informed.
(49) We will at once return all hostages and charters delivered up to us by Englishmen as security for peace or for loyal service.
(50) We will remove completely from their offices the kinsmen of Gerard de AthΘe, and in future they shall hold no offices in England. The people in question are Engelard de CigognΘ', Peter, Guy, and Andrew de Chanceaux, Guy de CigognΘ, Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with Geoffrey his nephew, and all their followers.
(51) As soon as peace is restored, we will remove from the kingdom all the foreign knights, bowmen, their attendants, and the mercenaries that have come to it, to its harm, with horses and arms.
(52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In cases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace (º 61).
In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render justice in full.
(53) We shall have similar respite in rendering justice in connexion with forests that are to be disafforested, or to remain forests, when these were first a-forested by our father Henry or our brother Richard; with the guardianship of lands in another person's `fee', when we have hitherto had this by virtue of a `fee' held of us for knight's service by a third party; and with abbeys founded in another person's `fee', in which the lord of the `fee' claims to own a right. On our return from the Crusade, or if we abandon it, we will at once do full justice to complaints about these matters.
(54) No one shall be arrested or imprisoned on the appeal of a woman for the death of any person except her husband.
(55) All fines that have been given to us unjustly and against the law of the land, and all fines that we have exacted unjustly, shall be entirely remitted or the matter decided by a majority judgement of the twenty-five barons referred to below in the clause for securing the peace(º 61) together with Stephen, \Jarchbishop\j of Canterbury, if he can be present, and such others as he wishes to bring with him. If the \Jarchbishop\j cannot be present, proceedings shall continue without him, provided that if any of the twenty-five barons has been involved in a similar suit himself, his judgement shall be set aside, and someone else chosen and sworn in his place, as a substitute for the single occasion, by the rest of the twenty-five.
(56) If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. A dispute on this point shall be determined in the Marches by the judgement of equals.
English law shall apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall treat us and ours in the same way.
(57) In cases where a Welshman was deprived or dispossessed of anything, without the lawful judgement of his equals, by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. But on our return from the Crusade, or if we abandon it, we will at once do full justice according to the laws of Wales and the said regions.
(58) We will at once return the son of Llywelyn, all Welsh hostages, and the charters delivered to us as security for the peace.
(59) With regard to the return of the sisters and hostages of Alexander, king of Scotland, his liberties and his rights, we will treat him in the same way as our other barons of England, unless it appears from the charters that we hold from his father William, formerly king of Scotland, that he should be treated otherwise. This matter shall be resolved by the judgement of his equals in our court.
(60) All these customs and liberties that we have granted shall be observed in our kingdom in so far as concerns our own relations with our subjects. Let all men of our kingdom, whether \Jclergy\j or laymen, observe them similarly in their relations with their own men.
(61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our kingdom, and to allay the discord that has arisen between us and our barons, and since we desire that they shall be enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following security:
The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter.
If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress.
If we, or in our absence abroad the chiefjustice, make no redress within forty days, reckoning from the day on which the offence was declared to us or to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon.
Having secured the redress, they may then resume their normal obedience to us.
Any man who so desires may take an oath to obey the commands of the twenty-five barons for the achievement of these ends, and to join with them in assailing us to the utmost of his power. We give public and free permission to take this oath to any man who so desires, and at no time will we prohibit any man from taking it. Indeed, we will compel any of our subjects who are unwilling to take it to swear it at our command.
If-one of the twenty-five barons dies or leaves the country, or is prevented in any other way from discharging his duties, the rest of them shall choose another baron in his place, at their discretion, who shall be duly sworn in as they were.
In the event of disagreement among the twenty-five barons on any matter referred to them for decision, the verdict of the majority present shall have the same validity as a unanimous verdict of the whole twenty-five, whether these were all present or some of those summoned were unwilling or unable to appear.
The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power.
We will not seek to procure from anyone, either by our own efforts or those of a third party, anything by which any part of these concessions or liberties might be revoked or diminished. Should such a thing be procured, it shall be null and void and we will at no time make use of it, either ourselves or through a third party.
(62) We have remitted and pardoned fully to all men any ill-will, hurt, or grudges that have arisen between us and our subjects, whether \Jclergy\j or laymen, since the beginning of the dispute. We have in addition remitted fully, and for our own part have also pardoned, to all \Jclergy\j and laymen any offences committed as a result of the said dispute between Easter in the sixteenth year of our reign(i.e. 1215) and the restoration of peace.
In addition we have caused letters patent to be made for the barons, bearing witness to this security and to the concessions set out above, over the seals of Stephen \Jarchbishop\j of Canterbury, Henry \Jarchbishop\j of Dublin, the other bishops named above, and Master Pandulf.
(63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably in their fulness and entirety for them and their heirs, of us and our heirs, in all things and all places for ever.
Both we and the barons have sworn that all this shall be observed in good faith and without deceit. Witness the abovementioned people and many others.
Given by our hand in the meadow that is called Runnymede, between Windsor and Staines, on the fifteenth day of June in the seventeenth year of our reign (i.e. 1215: the new regnal year began on 28 May).
Courtesy of \IUS Historical Documents Archive\i
#
"A Letter from Christopher Columbus to the King & Queen of Spain (1490s)",6,0,0,0
Most High and Mighty Sovereigns,
In obedience to your Highnesses' commands, and with submission to superior judgment, I will say whatever occurs to me in reference to the colonization and commerce of the Island of Espanola, and of the other islands, both those already discovered and those that may be discovered hereafter.
In the first place, as regards the Island of Espanola: Inasmuch as the number of colonists who desire to go thither amounts to two thousand, owing to the land being safer and better for farming and trading, and because it will serve as a place to which they can return and from which they can carry on trade with the neighboring islands:
1.That in the said island there shall be founded three or four towns, situated in the most convenient places, and that the settlers who are there be assigned to the aforesaid places and towns.
2.That for the better and more speedy colonization of the said island, no one shall have liberty to collect gold in it except those who have taken out colonists' papers, and have built houses for their abode, in the town in which they are, that they may live united and in greater safety.
3.That each town shall have its alcalde [Mayor] ... and its notary public, as is the use and custom in Castile.
4.That there shall he a church, and parish priests or friars to administer the sacraments, to perform divine worship, and for the conversion of the Indians.
5.That none of the colonists shall go to seek gold without a license from the governor or alcalde of the town where he lives; and that he must first take oath to return to the place whence he sets out, for the purpose of registering faithfully all the gold he may have found, and to return once a month, or once a week, as the time may have been set for him, to render account and show the quantity of said gold; and that this shall be written down by the notary before the aIcalde, or, if it seems better, that a \Jfriar\j or priest, deputed for the purpose, shall be also present
6.That all the gold thus brought in shall be smelted immediately, and stamped with some mark that shall distinguish each town; and that the portion which belongs to your Highnesses shall be weighed, and given and consigned to each alcalde in his own town, and registered by the above-mentioned priest or \Jfriar\j, so that it shall not pass through the hands of only one person, and there shall he no opportunity to conceal the truth.
7.That all gold that may be found without the mark of one of the said towns in the possession of any one who has once registered in accordance with the above order shall be taken as forfeited, and that the accuser shall have one portion of it and your Highnesses the other.
8.That one per centum of all the gold that may be found shall be set aside for building churches and adorning the same, and for the support of the priests or friars belonging to them; and, if it should be thought proper to pay any thing to the alcaldes or notaries for their services, or for ensuring the faithful perforce of their duties, that this amount shall be sent to the governor or treasurer who may be appointed there by your Highnesses.
9.As regards the division of the gold, and the share that ought to be reserved for your Highnesses, this, in my opinion, must be left to the aforesaid governor and treasurer, because it will have to be greater or less according to the quantity of gold that may be found. Or, should it seem preferable, your Highnesses might, for the space of one year, take one half, and the collector the other, and a better arrangement for the division be made afterward.
10.That if the said alcaldes or notaries shall commit or be privy to any \Jfraud\j, punishment shall be provided, and the same for the colonists who shall not have declared all the gold they have.
11.That in the said island there shall be a treasurer, with a clerk to assist him, who shall receive all the gold belonging to your Highnesses, and the alcaldes and notaries of the towns shall each keep a record of what they deliver to the said treasurer.
12.As, in the eagerness to get gold, every one will wish, naturally, to engage in its search in preference to any other employment, it seems to me that the privilege of going to look for gold ought to be withheld during some portion of each year, that there may be opportunity to have the other business necessary for the island performed.
13.In regard to the discovery of new countries, I think permission should be granted to all that wish to go, and more liberality used in the matter of the fifth, making the tax easier, in some fair way, in order that many may be disposed to go on voyages.
I will now give my opinion about ships going to the said Island of Espanola, and the order that should be maintained; and that is, that the said ships should only be allowed to discharge in one or two ports designated for the purpose, and should register there whatever cargo they bring or unload; and when the time for their departure comes, that they should sail from these same ports, and register all the cargo they take in, that nothing may be concealed.
In reference to the transportation of gold from the island to Castile, that all of it should be taken on board the ship, both that belonging to your Highnesses and the property of every one else; that it should all be placed in one chest with two locks, with their keys, and that the master of the vessel keep one key and some person selected by the governor and treasurer the other; that there should come with the gold, for a testimony, a list of all that has been put into the said chest, properly marked, so that each owner may receive his own; and that, for the faithful performance of this duty, if any gold whatsoever is found outside of the said chest in any way, be it little or much, it shall be forfeited to your Highnesses.
That all the ships that come from the said island shall be obliged to make their proper discharge in the port of Cadiz, and that no person shall disembark or other person be permitted to go on board until the ship has been visited by the person or persons deputed for that purpose, in the said city, by your Highnesses, to whom the master shall show all that he carries, and exhibit the manifest of all the cargo, it may be seen and examined if the said ship brings any thing hidden and not known at the time of lading.
That the chest in which the said gold has been carried shall be opened in the presence of the magistrates of the said city of Cadiz, and of the person deputed for that purpose by your Highnesses, and his own property be given to each owner. -
I beg your Highnesses to hold me in your protection; and I remain, praying our Lord God for your Highnesses' lives and the increase of much greater States.
Courtesy of \IUS Historical Documents Archive\i
#
"Richard Hakluyt, Discourse of Western Planting (1584)",7,0,0,0
A particuler discourse concerninge the greate necessitie and manifolde comodyties that are like to growe to this Realme of Englande by the Westerne discoveries lately attempted, Written In the yere 1584 by Richarde Hackluyt of Oxforde at the requeste and direction of the righte worshipfull Mr. Walter Raghly [Raieigh] nowe Knight, before the comynge home of his Twoo Barkes: and is devlded into xxi chapiters, the Titles whereof followe in the nexte leafe.
1.That this westerne discoverie will be greately for the inlargement of the gospell of Christe whereunto the Princes of the refourmed relligion are chefely bounde amongest whome her Majestie is principall.
2.That all other englishe Trades are growen beggerly or daungerous, especially in all the kinge of Spaine his Domynions, where our men are dryven to flinge their Bibles and prayer Bokes into the sea, and to forsweare and renownce their relligion and conscience and consequently theyr obedience to her Majestie.
3.That this westerne voyadge will yelde unto us all the commodities of Europe, Affrica, and Asia, as far as wee were wonte to travell, and supply the wantes of all our decayed trades.
4.That this enterprise will be for the manifolde imploymente of nombers of idle men, and for bredinge of many sufficient, and for utterance of the greate quantitie of the commodities of our Realme.
5.That this voyage will be a great bridle to the Indies of the kinge of Spaine and a means that wee may arreste at our pleasure for the space of teime weekes or three monethes every yere, one or twoo hundred saile of his subjectes shippes at the fysshinge in Newfounde Iande.
6.That the rischesse that the Indian Threasure wrought in time of Charles the late Emperor father to the Spanishe kinge, is to be had in consideracion of the Q. moste excellent Majestie, leaste the contynuall commynge of the like threasure from thence to his sonne, worke the unrecoverable annoye of this Realme, whereof already wee have had very dangerous experience.
7.What speciall meanes may bringe kinge Phillippe from his high Throne, and make him equal to the Princes his neighbours, wherewithall is shewed his weakenes in the west Indies.
8.That the limites of the kinge of Spaines domynions in the west Indies be nothinge so large as is generally imagined and surmised, neither those partes which he holdeth be of any such forces as is falsely geven oute by the popishe Clergye and others his suitors, to terrffie the Princes of the Relligion and to abuse and blinde them.
9.The Names of the riche Townes lienge alonge the sea coaste on the northe side from the equinoctiall of the mayne lande of America under the kinge of Spaine.
10.A Brefe declaracion of the chefe Ilands in the Bay of Mexico beinge under the kinge of Spaine, with their havens and fortes, and what commodities they yeide.
11.That the Spaniardes have executed most outragious and more then Turkishe cruelties in all the west Indies, whereby they are every where there, become moste odious unto them, whoe woulde joyne with us or any other moste willingly to shake of their moste intollerable yoke, and have begonne to doo it already in dyvers places where they were Lordes heretofore.
12.That the passage in this voyadge is easie and shorte, that it cutteth not nere the trade of any other mightie Princes, nor nere their Contries, that it is to be perfourmed at all tymes of the yere, and nedeth but one kinde of winde, that Ireland beinge full of goodd havens on the southe and west sides, is the nerest parte of Europe to it, which by this trade shall be in more securitie, and the sooner drawen to more Civilitie.
13.That hereby the Revenewes and customes of her Majestie bothe outwardes and inwardes shall mightely be inlarged by the toll, excises, and other dueties which without oppression may be raised.
14.That this action will be greately for the increase, mayneteynaunce and safetie of our Navye, and especially of greate shippinge which is the strengthe of our Realme, and for the supportation of all those occupacions that depende upon the same.
15.That spedie plantinge in divers fitt places is moste necessarie upon these luckye westerne discoveries for feare of the daunger of being prevented by other nations which have the like intentions, with the order thereof and other reasons therewithall alleaged.
16.Meanes to kepe this enterprise from overthrowe and the enterprisers from shame and dishonor.
17.That by these Colonies the Northwest passage to Cathaio and China may easely quickly and perfectly be searched oute aswell by river and overlande, as by sea, for proofe whereof here are quoted and alleaged divers rare Testymonies oute of the three volumes of voyadges gathered by Ramusius and other grave authors.
18.That the Queene of Englande title to all the west Indies, or at the leaste to as moche as is from \JFlorida\j to the Circle articke, is more lawfull and righte then the Spaniardes or any other Christian Princes.
19.An aunswer to the Bull of the Donacion of all the west Indies graunted to the kinges of Spaine by Pope Alexander the VI whoe was himselfe a Spaniarde borne.
20.A brefe collection of certaine reasons to induce her Majestie and the state to take in hande the westerne voyadge and the plantinge there.
21.A note of some thinges to be prepared for the voyadge which is sett downe rather to drawe the takers of the voyadge in hande to the presente consideracion then for any other reason for that divers thinges require preparation longe before the voyadge, without which the voyadge is maymed.
Courtesy of \IUS Historical Documents Archive\i
#
"Iroquois Constitution, The",8,0,0,0
THE GREAT BINDING LAW, GAYANASHAGOWA
1. I am Dekanawidah and with the Five Nations' Confederate Lords I plant the Tree of Great Peace. I plant it in your territory, Adodarhoh, and the Onondaga Nation, in the territory of you who are Firekeepers.
I name the tree the Tree of the Great Long Leaves. Under the shade of this Tree of the Great Peace we spread the soft white feathery down of the globe thistle as seats for you, Adodarhoh, and your cousin Lords.
We place you upon those seats, spread soft with the feathery down of the globe thistle, there beneath the shade of the spreading branches of the Tree of Peace. There shall you sit and watch the Council Fire of the Confederacy of the Five Nations, and all the affairs of the Five Nations shall be transacted at this place before you, Adodarhoh, and your cousin Lords, by the Confederate Lords of the Five Nations.
2. Roots have spread out from the Tree of the Great Peace, one to the north, one to the east, one to the south and one to the west. The name of these roots is The Great White Roots and their nature is Peace and Strength.
If any man or any nation outside the Five Nations shall obey the laws of the Great Peace and make known their disposition to the Lords of the Confederacy, they may trace the Roots to the Tree and if their minds are clean and they are obedient and promise to obey the wishes of the Confederate Council, they shall be welcomed to take shelter beneath the Tree of the Long Leaves.
We place at the top of the Tree of the Long Leaves an Eagle who is able to see afar. If he sees in the distance any evil approaching or any danger threatening he will at once warn the people of the Confederacy.
3. To you Adodarhoh, the Onondaga cousin Lords, I and the other Confederate Lords have entrusted the caretaking and the watching of the Five Nations Council Fire.
When there is any business to be transacted and the Confederate Council is not in session, a messenger shall be dispatched either to Adodarhoh, Hononwirehtonh or Skanawatih, Fire Keepers, or to their War Chiefs with a full statement of the case desired to be considered.
Then shall Adodarhoh call his cousin (associate) Lords together and consider whether or not the case is of sufficient importance to demand the attention of the Confederate Council. If so, Adodarhoh shall dispatch messengers to summon all the Confederate Lords to assemble beneath the Tree of the Long Leaves.
When the Lords are assembled the Council Fire shall be kindled, but not with chestnut wood, and Adodarhoh shall formally open the Council.
Then shall Adodarhoh and his cousin Lords, the Fire Keepers, announce the subject for discussion.
The Smoke of the Confederate Council Fire shall ever ascend and pierce the sky so that other nations who may be allies may see the Council Fire of the Great Peace.
Adodarhoh and his cousin Lords are entrusted with the Keeping of the Council Fire.
4. You, Adodarhoh, and your thirteen cousin Lords, shall faithfully keep the space about the Council Fire clean and you shall allow neither dust nor dirt to accumulate. I lay a Long Wing before you as a broom.
As a weapon against a crawling creature I lay a staff with you so that you may thrust it away from the Council Fire. If you fail to cast it out then call the rest of the United Lords to your aid.
5. The Council of the Mohawk shall be divided into three parties as follows: Tekarihoken, Ayonhwhathah and Shadekariwade are the first party; Sharenhowaneh, Deyoenhegwenh and Oghrenghrehgowah are the second party, and Dehennakrineh, Aghstawenserenthah and Shoskoharowaneh are the third party.
The third party is to listen only to the discussion of the first and second parties and if an error is made or the proceeding is irregular they are to call attention to it, and when the case is right and properly decided by the two parties they shall confirm the decision of the two parties and refer the case to the Seneca Lords for their decision.
When the Seneca Lords have decided in accord with the Mohawk Lords, the case or question shall be referred to the Cayuga and \JOneida\j Lords on the opposite side of the house.
6. I, Dekanawidah, appoint the Mohawk Lords the heads and the leaders of the Five Nations Confederacy. The Mohawk Lords are the foundation of the Great Peace and it shall, therefore, be against the Great Binding Law to pass measures in the Confederate Council after the Mohawk Lords have protested against them.
No council of the Confederate Lords shall be legal unless all the Mohawk Lords are present.
7. Whenever the Confederate Lords shall assemble for the purpose of holding a council, the Onondaga Lords shall open it by expressing their gratitude to their cousin Lords and greeting them, and they shall make an address and offer thanks to the earth where men dwell, to the streams of water, the pools, the springs and the lakes, to the \Jmaize\j and the fruits, to the medicinal herbs and trees, to the forest trees for their usefulness, to the animals that serve as food and give their pelts for clothing, to the great winds and the lesser winds, to the Thunderers, to the Sun, the mighty warrior, to the moon, to the messengers of the Creator who reveal his wishes and to the Great Creator who dwells in the heavens above, who gives all the things useful to men, and who is the source and the ruler of health and life.
Then shall the Onondaga Lords declare the council open.
The council shall not sit after darkness has set in.
8. The Firekeepers shall formally open and close all councils of the Confederate Lords, and they shall pass upon all matters deliberated upon by the two sides and render their decision.
Every Onondaga Lord (or his deputy) must be present at every Confederate Council and must agree with the majority without unwarrantable dissent, so that a unanimous decision may be rendered.
If Adodarhoh or any of his cousin Lords are absent from a Confederate Council, any other Firekeeper may open and close the Council, but the Firekeepers present may not give any decisions, unless the matter is of small importance.
9. All the business of the Five Nations Confederate Council shall be conducted by the two combined bodies of Confederate Lords. First the question shall be passed upon by the Mohawk and Seneca Lords, then it shall be discussed and passed by the \JOneida\j and Cayuga Lords. Their decisions shall then be referred to the Onondaga Lords, (Fire Keepers) for final judgement.
The same process shall obtain when a question is brought before the council by an individual or a War Chief.
10. In all cases the procedure must be as follows: when the Mohawk and Seneca Lords have unanimously agreed upon a question, they shall report their decision to the Cayuga and \JOneida\j Lords who shall deliberate upon the question and report a unanimous decision to the Mohawk Lords.
The Mohawk Lords will then report the standing of the case to the Firekeepers, who shall render a decision as they see fit in case of a disagreement by the two bodies, or confirm the decisions of the two bodies if they are identical. The Fire Keepers shall then report their decision to the Mohawk Lords who shall announce it to the open council.
11. If through any misunderstanding or obstinacy on the part of the Fire Keepers, they render a decision at variance with that of the Two Sides, the Two Sides shall reconsider the matter and if their decisions are jointly the same as before they shall report to the Fire Keepers who are then compelled to confirm their joint decision.
12. When a case comes before the Onondaga Lords (Fire Keepers) for discussion and decision, Adodarho shall introduce the matter to his comrade Lords who shall then discuss it in their two bodies. Every Onondaga Lord except Hononwiretonh shall deliberate and he shall listen only.
When a unanimous decision shall have been reached by the two bodies of Fire Keepers, Adodarho shall notify Hononwiretonh of the fact when he shall confirm it. He shall refuse to confirm a decision if it is not unanimously agreed upon by both sides of the Fire Keepers.
13. No Lord shall ask a question of the body of Confederate Lords when they are discussing a case, question or proposition. He may only deliberate in a low tone with the separate body of which he is a member.
14. When the Council of the Five Nation Lords shall convene they shall appoint a speaker for the day. He shall be a Lord of either the Mohawk, Onondaga or Seneca Nation.
The next day the Council shall appoint another speaker, but the first speaker may be reappointed if there is no objection, but a speaker's term shall not be regarded more than for the day.
15. No individual or foreign nation interested in a case, question or proposition shall have any voice in the Confederate Council except to answer a question put to him or them by the speaker for the Lords.
16. If the conditions which shall arise at any future time call for an addition to or change of this law, the case shall be carefully considered and if a new beam seems necessary or beneficial, the proposed change shall be voted upon and if adopted it shall be called, "Added to the Rafters".
Rights, Duties and Qualifications of Lords
17. A bunch of a certain number of shell (wampum) strings each two spans in length shall be given to each of the female families in which the Lordship titles are vested. The right of bestowing the title shall be hereditary in the family of the females legally possessing the bunch of shell strings and the strings shall be the token that the females of the family have the proprietary right to the Lordship title for all time to come, subject to certain restrictions hereinafter mentioned.
18. If any Confederate Lord neglects or refuses to attend the Confederate Council, the other Lords of the Nation of which he is a member shall require their War Chief to request the female sponsors of the Lord so guilty of defection to demand his attendance of the Council. If he refuses, the women holding the title shall immediately select another candidate for the title.
No Lord shall be asked more than once to attend the Confederate Council.
19. If at any time it shall be manifest that a Confederate Lord has not in mind the welfare of the people or disobeys the rules of this Great Law, the men or women of the Confederacy, or both jointly, shall come to the Council and upbraid the erring Lord through his War Chief.
If the complaint of the people through the War Chief is not heeded the first time it shall be uttered again and then if no attention is given a third complaint and warning shall be given. If the Lord is contumacious the matter shall go to the council of War Chiefs.
The War Chiefs shall then divest the erring Lord of his title by order of the women in whom the titleship is vested. When the Lord is deposed the women shall notify the Confederate Lords through their War Chief, and the Confederate Lords shall sanction the act.
The women will then select another of their sons as a candidate and the Lords shall elect him. Then shall the chosen one be installed by the Installation Ceremony. When a Lord is to be deposed, his War Chief shall address him as follows:
"So you, , disregard and set at naught the warnings of your women relatives. So you fling the warnings over your shoulder to cast them behind you.
"Behold the brightness of the Sun and in the brightness of the Sun's light I depose you of your title and remove the sacred emblem of your Lordship title. I remove from your brow the deer's antlers, which was the emblem of your position and token of your nobility. I now depose you and return the antlers to the women whose heritage they are."
The War Chief shall now address the women of the deposed Lord and say:
"Mothers, as I have now deposed your Lord, I now return to you the emblem and the title of Lordship, therefore repossess them."
Again addressing himself to the deposed Lord he shall say:
"As I have now deposed and discharged you so you are now no longer Lord. You shall now go your way alone, the rest of the people of the Confederacy will not go with you, for we know not the kind of mind that possesses you.
As the Creator has nothing to do with wrong so he will not come to rescue you from the precipice of destruction in which you have cast yourself. You shall never be restored to the position which you once occupied."
Then shall the War Chief address himself to the Lords of the Nation to which the deposed Lord belongs and say:
"Know you, my Lords, that I have taken the deer's antlers from the brow of , the emblem of his position and token of his greatness."
The Lords of the Confederacy shall then have no other alternative than to sanction the discharge of the offending Lord.
20. If a Lord of the Confederacy of the Five Nations should commit murder the other Lords of the Nation shall assemble at the place where the corpse lies and prepare to depose the criminal Lord. If it is impossible to meet at the scene of the crime the Lords shall discuss the matter at the next Council of their Nation and request their War Chief to depose the Lord guilty of crime, to "bury" his women relatives and to transfer the Lordship title to a sister family.
The War Chief shall address the Lord guilty of murder and say:
"So you, (giving his name) did kill (naming the slain man), with your own hands! You have comitted a grave sin in the eyes of the Creator. Behold the bright light of the Sun, and in the brightness of the Sun's light I depose you of your title and remove the horns, the sacred emblems of your Lordship title. I remove from your brow the deer's antlers, which was the emblem of your position and token of your nobility.
I now depose you and expel you and you shall depart at once from the territory of the Five Nations Confederacy and nevermore return again. We, the Five Nations Confederacy, moreover, bury your women relatives because the ancient Lordship title was never intended to have any union with bloodshed. Henceforth it shall not be their heritage. By the evil deed that you have done they have forfeited it forever.."
The War Chief shall then hand the title to a sister family and he shall address it and say:
"Our mothers, , listen attentively while I address you on a solemn and important subject. I hereby transfer to you an ancient Lordship title for a great calamity has befallen it in the hands of the family of a former Lord. We trust that you, our mothers, will always guard it, and that you will warn your Lord always to be dutiful and to advise his people to ever live in love, peace and harmony that a great calamity may never happen again."
21. Certain physical defects in a Confederate Lord make him ineligible to sit in the Confederate Council. Such defects are infancy, idiocy, \Jblindness\j, \Jdeafness\j, dumbness and impotency. When a Confederate Lord is restricted by any of these condition, a deputy shall be appointed by his sponsors to act for him, but in case of extreme necessity the restricted Lord may exercise his rights.
22. If a Confederate Lord desires to resign his title he shall notify the Lords of the Nation of which he is a member of his intention. If his coactive Lords refuse to accept his resignation he may not resign his title.
A Lord in proposing to resign may recommend any proper candidate which recommendation shall be received by the Lords, but unless confirmed and nominated by the women who hold the title the candidate so named shall not be considered.
23. Any Lord of the Five Nations Confederacy may construct shell strings (or wampum belts) of any size or length as pledges or records of matters of national or international importance.
When it is necessary to dispatch a shell string by a War Chief or other messenger as the token of a summons, the messenger shall recite the contents of the string to the party to whom it is sent. That party shall repeat the message and return the shell string and if there has been a sumons he shall make ready for the journey.
Any of the people of the Five Nations may use shells (or wampum) as the record of a pledge, contract or an agreement entered into and the same shall be binding as soon as shell strings shall have been exchanged by both parties.
24. The Lords of the Confederacy of the Five Nations shall be mentors of the people for all time. The thickness of their skin shall be seven spans which is to say that they shall be proof against anger, offensive actions and criticism. Their hearts shall be full of peace and good will and their minds filled with a yearning for the welfare of the people of the Confederacy.
With endless patience they shall carry out their duty and their firmness shall be tempered with a tenderness for their people. Neither anger nor fury shall find lodgement in their minds and all their words and actions shall be marked by calm deliberation.
\B\IFor more information click on \b\i\JIroquois Constitution, The (continued)\j
#
"Iroquois Constitution, The (continued)",9,0,0,0
25. If a Lord of the Confederacy should seek to establish any authority independent of the \Jjurisdiction\j of the Confederacy of the Great Peace, which is the Five Nations, he shall be warned three times in open council, first by the women relatives, second by the men relatives and finally by the Lords of the Confederacy of the Nation to which he belongs.
If the offending Lord is still obdurate he shall be dismissed by the War Chief of his nation for refusing to conform to the laws of the Great Peace. His nation shall then install the candidate nominated by the female name holders of his family.
26. It shall be the duty of all of the Five Nations Confederate Lords, from time to time as occasion demands, to act as mentors and spiritual guides of their people and remind them of their Creator's will and words. They shall say:
"Hearken, that peace may continue unto future days!
"Always listen to the words of the Great Creator, for he has spoken.
"United people, let not evil find lodging in your minds.
"For the Great Creator has spoken and the cause of Peace shall not become old.
"The cause of peace shall not die if you remember the Great Creator."
Every Confederate Lord shall speak words such as these to promote peace.
27. All Lords of the Five Nations Confederacy must be honest in all things. They must not idle or gossip, but be men possessing those honorable qualities that make true royaneh. It shall be a serious wrong for anyone to lead a Lord into trivial affairs, for the people must ever hold their Lords high in estimation out of respect to their honorable positions.
28. When a candidate Lord is to be installed he shall furnish four strings of shells (or wampum) one span in length bound together at one end. Such will constitute the evidence of his pledge to the Confederate Lords that he will live according to the constitution of the Great Peace and exercise justice in all affairs.
When the pledge is furnished the Speaker of the Council must hold the shell strings in his hand and address the opposite side of the Council Fire and he shall commence his address saying: "Now behold him. He has now become a Confederate Lord. See how splendid he looks."
An address may then follow. At the end of it he shall send the bunch of shell strings to the oposite side and they shall be received as evidence of the pledge. Then shall the opposite side say:
"We now do crown you with the sacred emblem of the deer's antlers, the emblem of your Lordship. You shall now become a mentor of the people of the Five Nations. The thickness of your skin shall be seven spans which is to say that you shall be proof against anger, offensive actions and criticism. Your heart shall be filled with peace and good will and your mind filled with a yearning for the welfare of the people of the Confederacy.
With endless patience you shall carry out your duty and your firmness shall be tempered with tenderness for your people. Neither anger nor fury shall find lodgement in your mind and all your words and actions shall be marked with calm deliberation. In all of your deliberations in the Confederate Council, in your efforts at law making, in all your official acts, self interest shall be cast into oblivion.
Cast not over your shoulder behind you the warnings of the nephews and nieces should they chide you for any error or wrong you may do, but return to the way of the Great Law which is just and right. Look and listen for the welfare of the whole people and have always in view not only the present but also the coming generations, even those whose faces are yet beneath the surface of the ground the unborn of the future Nation."
29. When a Lordship title is to be conferred, the candidate Lord shall furnish the cooked venison, the corn bread and the corn soup, together with other necessary things and the labor for the Conferring of Titles Festival.
30. The Lords of the Confederacy may confer the Lordship title upon a candidate whenever the Great Law is recited, if there be a candidate, for the Great Law speaks all the rules.
31. If a Lord of the Confederacy should become seriously ill and be thought near death, the women who are heirs of his title shall go to his house and lift his crown of deer antlers, the emblem of his Lordship, and place them at one side. If the Creator spares him and he rises from his bed of sickness he may rise with the antlers on his brow.
The following words shall be used to temporarily remove the antlers:
"Now our comrade Lord (or our relative Lord) the time has come when we must approach you in your illness. We remove for a time the deer's antlers from your brow, we remove the emblem of your Lordship title. The Great Law has decreed that no Lord should end his life with the antlers on his brow. We therefore lay them aside in the room.
If the Creator spares you and you recover from your illness you shall rise from your bed with the antlers on your brow as before and you shall resume your duties as Lord of the Confederacy and you may labor again for the Confederate people."
32. If a Lord of the Confederacy should die while the Council of the Five Nations is in session the Council shall adjourn for ten days. No Confederate Council shall sit within ten days of the death of a Lord of the Confederacy.
If the Three Brothers (the Mohawk, the Onondaga and the Seneca) should lose one of their Lords by death, the Younger Brothers (the \JOneida\j and the Cayuga) shall come to the surviving Lords of the Three Brothers on the tenth day and console them.
If the Younger Brothers lose one of their Lords then the Three Brothers shall come to them and console them. And the consolation shall be the reading of the contents of the thirteen shell (wampum) strings of Ayonhwhathah. At the termination of this rite a successor shall be appointed, to be appointed by the women heirs of the Lordship title.
If the women are not yet ready to place their nominee before the Lords the Speaker shall say, "Come let us go out." All shall leave the Council or the place of gathering. The installation shall then wait until such a time as the women are ready. The Speaker shall lead the way from the house by saying, "Let us depart to the edge of the woods and lie in waiting on our bellies."
When the women title holders shall have chosen one of their sons the Confederate Lords will assemble in two places, the Younger Brothers in one place and the Three Older Brothers in another. The Lords who are to console the mourning Lords shall choose one of their number to sing the Pacification Hymn as they journey to the sorrowing Lords.
The singer shall lead the way and the Lords and the people shall follow. When they reach the sorrowing Lords they shall hail the candidate Lord and perform the rite of Conferring the Lordship Title.
33. When a Confederate Lord dies, the surviving relatives shall immediately dispatch a messenger, a member of another clan, to the Lords in another locality. When the runner comes within hailing distance of the locality he shall utter a sad wail, thus: "Kwa-ah, Kwa-ah, Kwa-ah!"
The sound shall be repeated three times and then again and again at intervals as many times as the distance may require. When the runner arrives at the settlement the people shall assemble and one must ask him the nature of his sad message. He shall then say, "Let us consider."
Then he shall tell them of the death of the Lord. He shall deliver to them a string of shells (wampum) and say "Here is the testimony, you have heard the message." He may then return home.
It now becomes the duty of the Lords of the locality to send runners to other localities and each locality shall send other messengers until all Lords are notified. Runners shall travel day and night.
34. If a Lord dies and there is no candidate qualified for the office in the family of the women title holders, the Lords of the Nation shall give the title into the hands of a sister family in the clan until such a time as the original family produces a candidate, when the title shall be restored to the rightful owners.
No Lordship title may be carried into the grave. The Lords of the Confederacy may dispossess a dead Lord of his title even at the grave.
Election of Pine Tree Chiefs
35. Should any man of the Nation assist with special ability or show great interest in the affairs of the Nation, if he proves himself wise, honest and worthy of confidence, the Confederate Lords may elect him to a seat with them and he may sit in the Confederate Council. He shall be proclaimed a 'Pine Tree sprung up for the Nation' and shall be installed as such at the next assembly for the installation of Lords.
Should he ever do anything contrary to the rules of the Great Peace, he may not be deposed from office no one shall cut him down but thereafter everyone shall be deaf to his voice and his advice. Should he resign his seat and title no one shall prevent him. A Pine Tree chief has no authority to name a successor nor is his title hereditary.
Names, Duties and Rights of War Chiefs
36. The title names of the Chief Confederate Lords' War Chiefs shall be:
Ayonwaehs, War Chief under Lord Takarihoken (Mohawk)
Kahonwahdironh, War Chief under Lord Odatshedeh (Oneida)
Ayendes, War Chief under Lord Adodarhoh (Onondaga)
Wenenhs, War Chief under Lord Dekaenyonh (Cayuga)
Shoneradowaneh, War Chief under Lord Skanyadariyo (Seneca)
The women heirs of each head Lord's title shall be the heirs of the War Chief's title of their respective Lord.
The War Chiefs shall be selected from the eligible sons of the female families holding the head Lordship titles.
37. There shall be one War Chief for each Nation and their duties shall be to carry messages for their Lords and to take up the arms of war in case of emergency. They shall not participate in the proceedings of the Confederate Council but shall watch its progress and in case of an erroneous action by a Lord they shall receive the complaints of the people and convey the warnings of the women to him.
The people who wish to convey messages to the Lords in the Confederate Council shall do so through the War Chief of their Nation. It shall ever be his duty to lay the cases, questions and propositions of the people before the Confederate Council.
38. When a War Chief dies another shall be installed by the same rite as that by which a Lord is installed.
39. If a War Chief acts contrary to instructions or against the provisions of the Laws of the Great Peace, doing so in the capacity of his office, he shall be deposed by his women relatives and by his men relatives. Either the women or the men alone or jointly may act in such a case. The women title holders shall then choose another candidate.
40. When the Lords of the Confederacy take occasion to dispatch a messenger in behalf of the Confederate Council, they shall wrap up any matter they may send and instruct the messenger to remember his errand, to turn not aside but to proceed faithfully to his destination and deliver his message according to every instruction.
41. If a message borne by a runner is the warning of an invasion he shall whoop, "Kwa-ah, Kwa-ah," twice and repeat at short intervals; then again at a longer interval.
If a human being is found dead, the finder shall not touch the body but return home immediately shouting at short intervals, "Koo-weh!"
Clans and Consanguinity
42. Among the Five Nations and their posterity there shall be the following original clans: Great Name Bearer, Ancient Name Bearer, Great Bear, Ancient Bear, Turtle, Painted Turtle, Standing Rock, Large Plover, Deer, Pigeon Hawk, Eel, Ball, Opposite-Side-of-the-Hand, and Wild Potatoes. These clans distributed through their respective Nations, shall be the sole owners and holders of the soil of the country and in them is it vested as a birthright.
43. People of the Five Nations members of a certain clan shall recognize every other member of that clan, irrespective of the Nation, as relatives. Men and women, therefore, members of the same clan are forbidden to marry.
44. The lineal descent of the people of the Five Nations shall run in the female line. Women shall be considered the progenitors of the Nation. They shall own the land and the soil. Men and women shall follow the status of the mother.
45. The women heirs of the Confederated Lordship titles shall be called Royaneh (Noble) for all time to come.
46. The women of the Forty Eight (now fifty) Royaneh families shall be the heirs of the Authorized Names for all time to come.
When an infant of the Five Nations is given an Authorized Name at the Midwinter Festival or at the Ripe Corn Festival, one in the cousinhood of which the infant is a member shall be appointed a speaker. He shall then announce to the opposite cousinhood the names of the father and the mother of the child together with the clan of the mother.
Then the speaker shall announce the child's name twice. The uncle of the child shall then take the child in his arms and walking up and down the room shall sing: "My head is firm, I am of the Confederacy." As he sings the opposite cousinhood shall respond by chanting, "Hyenh, Hyenh, Hyenh, Hyenh," until the song is ended.
47. If the female heirs of a Confederate Lord's title become extinct, the title right shall be given by the Lords of the Confederacy to the sister family whom they shall elect and that family shall hold the name and transmit it to their (female) heirs, but they shall not appoint any of their sons as a candidate for a title until all the eligible men of the former family shall have died or otherwise have become ineligible.
48. If all the heirs of a Lordship title become extinct, and all the families in the clan, then the title shall be given by the Lords of the Confederacy to the family in a sister clan whom they shall elect.
49. If any of the Royaneh women, heirs of a titleship, shall wilfully withhold a Lordship or other title and refuse to bestow it, or if such heirs abandon, forsake or despise their heritage, then shall such women be deemed buried and their family extinct.
The titleship shall then revert to a sister family or clan upon application and complaint. The Lords of the Confederacy shall elect the family or clan which shall in future hold the title.
50. The Royaneh women of the Confederacy heirs of the Lordship titles shall elect two women of their family as cooks for the Lord when the people shall assemble at his house for business or other purposes.
It is not good nor honorable for a Confederate Lord to allow his people whom he has called to go hungry.
51. When a Lord holds a conference in his home, his wife, if she wishes, may prepare the food for the Union Lords who assemble with him. This is an honorable right which she may exercise and an expression of her esteem.
52. The Royaneh women, heirs of the Lordship titles, shall, should it be necessary, correct and admonish the holders of their titles. Those only who attend the Council may do this and those who do not shall not object to what has been said nor strive to undo the action.
53. When the Royaneh women, holders of a Lordship title, select one of their sons as a candidate, they shall select one who is trustworthy, of good character, of honest disposition, one who manages his own affairs, supports his own family, if any, and who has proven a faithful man to his Nation.
54. When a Lordship title becomes vacant through death or other cause, the Royaneh women of the clan in which the title is hereditary shall hold a council and shall choose one from among their sons to fill the office made vacant. Such a candidate shall not be the father of any Confederate Lord.
If the choice is unanimous the name is referred to the men relatives of the clan. If they should disapprove it shall be their duty to select a candidate from among their own number. If then the men and women are unable to decide which of the two candidates shall be named, then the matter shall be referred to the Confederate Lords in the Clan.
They shall decide which candidate shall be named. If the men and the women agree to a candidate his name shall be referred to the sister clans for confirmation. If the sister clans confirm the choice, they shall refer their action to their Confederate Lords who shall ratify the choice and present it to their cousin Lords, and if the cousin Lords confirm the name then the candidate shall be installed by the proper ceremony for the conferring of Lordship titles.
\B\IFor more information click on \b\i\JIroquois Constitution, The (continued 2)\j
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"Iroquois Constitution, The (continued 2)",10,0,0,0
Official \JSymbolism\j
55. A large bunch of shell strings, in the making of which the Five Nations Confederate Lords have equally contributed, shall symbolize the completeness of the union and certify the pledge of the nations represented by the Confederate Lords of the Mohawk, the \JOneida\j, the Onondaga, the Cayuga and the Senecca, that all are united and formed into one body or union called the Union of the Great Law, which they have established.
A bunch of shell strings is to be the symbol of the council fire of the Five Nations Confederacy. And the Lord whom the council of Fire Keepers shall appoint to speak for them in opening the council shall hold the strands of shells in his hands when speaking. When he finishes speaking he shall deposit the strings on an elevated place (or pole) so that all the assembled Lords and the people may see it and know that the council is open and in progress.
When the council adjourns the Lord who has been appointed by his comrade Lords to close it shall take the strands of shells in his hands and address the assembled Lords. Thus will the council adjourn until such time and place as appointed by the council. Then shall the shell strings be placed in a place for safekeeping.
Every five years the Five Nations Confederate Lords and the people shall assemble together and shall ask one another if their minds are still in the same spirit of unity for the Great Binding Law and if any of the Five Nations shall not pledge continuance and steadfastness to the pledge of unity then the Great Binding Law shall dissolve.
56. Five strings of shell tied together as one shall represent the Five Nations. Each string shall represent one territory and the whole a completely united territory known as the Five Nations Confederate territory.
57. Five arrows shall be bound together very strong and each arrow shall represent one nation. As the five arrows are strongly bound this shall symbolize the complete union of the nations. Thus are the Five Nations united completely and enfolded together, united into one head, one body and one mind.
Therefore they shall labor, legislate and council together for the interest of future generations.
The Lords of the Confederacy shall eat together from one bowl the feast of cooked beaver's tail. While they are eating they are to use no sharp utensils for if they should they might accidentally cut one another and bloodshed would follow. All measures must be taken to prevent the spilling of blood in any way.
58. There are now the Five Nations Confederate Lords standing with joined hands in a circle. This signifies and provides that should any one of the Confederate Lords leave the council and this Confederacy his crown of deer's horns, the emblem of his Lordship title, together with his birthright, shall lodge on the arms of the Union Lords whose hands are so joined. He forfeits his title and the crown falls from his brow but it shall remain in the Confederacy.
A further meaning of this is that if any time any one of the Confederate Lords choose to submit to the law of a foreign people he is no longer in but out of the Confederacy, and persons of this class shall be called "They have alienated themselves." Likewise such persons who submit to laws of foreign nations shall forfeit all birthrights and claims on the Five Nations Confederacy and territory.
You, the Five Nations Confederate Lords, be firm so that if a tree falls on your joined arms it shall not separate or weaken your hold. So shall the strength of the union be preserved.
59. A bunch of wampum shells on strings, three spans of the hand in length, the upper half of the bunch being white and the lower half black, and formed from equal contributions of the men of the Five Nations, shall be a token that the men have combined themselves into one head, one body and one thought, and it shall also symbolize their ratification of the peace pact of the Confederacy, whereby the Lords of the Five Nations have established the Great Peace.
The white portion of the shell strings represent the women and the black portion the men. The black portion, furthermore, is a token of power and authority vested in the men of the Five Nations.
This string of wampum vests the people with the right to correct their erring Lords. In case a part or all the Lords pursue a course not vouched for by the people and heed not the third warning of their women relatives, then the matter shall be taken to the General Council of the women of the Five Nations.
If the Lords notified and warned three times fail to heed, then the case falls into the hands of the men of the Five Nations. The War Chiefs shall then, by right of such power and authority, enter the open council to warn the Lord or Lords to return from the wrong course. If the Lords heed the warning they shall say, "we will reply tomorrow."
If then an answer is returned in favor of justice and in accord with this Great Law, then the Lords shall individually pledge themselves again by again furnishing the necessary shells for the pledge. Then shall the War Chief or Chiefs exhort the Lords urging them to be just and true.
Should it happen that the Lords refuse to heed the third warning, then two courses are open: either the men may decide in their council to depose the Lord or Lords or to club them to death with war clubs. Should they in their council decide to take the first course the War Chief shall address the Lord or Lords, saying: "Since you the Lords of the Five Nations have refused to return to the procedure of the Constitution, we now declare your seats vacant, we take off your horns, the token of your Lordship, and others shall be chosen and installed in your seats, therefore vacate your seats."
Should the men in their council adopt the second course, the War Chief shall order his men to enter the council, to take positions beside the Lords, sitting between them wherever possible. When this is accomplished the War Chief holding in his outstretched hand a bunch of black wampum strings shall say to the erring Lords: "So now, Lords of the Five United Nations, harken to these last words from your men.
You have not heeded the warnings of the women relatives, you have not heeded the warnings of the General Council of women and you have not heeded the warnings of the men of the nations, all urging you to return to the right course of action.
Since you are determined to resist and to withhold justice from your people there is only one course for us to adopt." At this point the War Chief shall let drop the bunch of black wampum and the men shall spring to their feet and club the erring Lords to death. Any erring Lord may submit before the War Chief lets fall the black wampum. Then his execution is withheld.
The black wampum here used symbolizes that the power to execute is buried but that it may be raised up again by the men. It is buried but when occasion arises they may pull it up and derive their power and authority to act as here described.
60. A broad dark belt of wampum of thirty-eight rows, having a white heart in the center, on either side of which are two white squares all connected with the heart by white rows of beads shall be the emblem of the unity of the Five Nations.
The first of the squares on the left represents the Mohawk nation and its territory; the second square on the left and the one near the heart, represents the \JOneida\j nation and its territory; the white heart in the middle represents the Onondaga nation and its territory, and it also means that the heart of the Five Nations is single in its loyalty to the Great Peace, that the Great Peace is lodged in the heart (meaning the Onondaga Lords), and that the Council Fire is to burn there for the Five Nations, and further, it means that the authority is given to advance the cause of peace whereby hostile nations out of the Confederacy shall cease warfare; the white square to the right of the heart represents the Cayuga nation and its territory and the fourth and last white square represents the Seneca nation and its territory.
White shall here symbolize that no evil or jealous thoughts shall creep into the minds of the Lords while in Council under the Great Peace. White, the emblem of peace, love, charity and equity surrounds and guards the Five Nations.
61. Should a great calamity threaten the generations rising and living of the Five United Nations, then he who is able to climb to the top of the Tree of the Great Long Leaves may do so. When, then, he reaches the top of the tree he shall look about in all directions, and, should he see that evil things indeed are approaching, then he shall call to the people of the Five United Nations assembled beneath the Tree of the Great Long Leaves and say: "A calamity threatens your happiness."
Then shall the Lords convene in council and discuss the impending evil.
When all the truths relating to the trouble shall be fully known and found to be truths, then shall the people seek out a Tree of Ka-hon-ka-ah-go-nah, [ a great swamp Elm ], and when they shall find it they shall assemble their heads together and lodge for a time between its roots. Then, their labors being finished, they may hope for happiness for many days after.
62. When the Confederate Council of the Five Nations declares for a reading of the belts of shell calling to mind these laws, they shall provide for the reader a specially made mat woven of the fibers of wild \Jhemp\j. The mat shall not be used again, for such formality is called the honoring of the importance of the law.
63. Should two sons of opposite sides of the council fire agree in a desire to hear the reciting of the laws of the Great Peace and so refresh their memories in the way ordained by the founder of the Confederacy, they shall notify Adodarho.
He then shall consult with five of his coactive Lords and they in turn shall consult with their eight brethren. Then should they decide to accede to the request of the two sons from opposite sides of the Council Fire, Adodarho shall send messengers to notify the Chief Lords of each of the Five Nations. Then they shall dispatch their War Chiefs to notify their brother and cousin Lords of the meeting and its time and place.
When all have come and have assembled, Adodarhoh, in conjunction with his cousin Lords, shall appoint one Lord who shall repeat the laws of the Great Peace. Then shall they announce who they have chosen to repeat the laws of the Great Peace to the two sons. Then shall the chosen one repeat the laws of the Great Peace.
64. At the ceremony of the installation of Lords if there is only one expert speaker and singer of the law and the Pacification Hymn to stand at the council fire, then when this speaker and singer has finished addressing one side of the fire he shall go to the oposite side and reply to his own speech and song. He shall thus act for both sides of the fire until the entire ceremony has been completed. Such a speaker and singer shall be termed the "Two Faced" because he speaks and sings for both sides of the fire.
65. I, Dekanawida, and the Union Lords, now uproot the tallest pine tree and into the cavity thereby made we cast all weapons of war. Into the depths of the earth, down into the deep underearth currents of water flowing to unknown regions we cast all the weapons of strife. We bury them from sight and we plant again the tree. Thus shall the Great Peace be established and hostilities shall no longer be known between the Five Nations but peace to the United People.
Laws of Adoption
66. The father of a child of great comliness, learning, ability or specially loved because of some circumstance may, at the will of the child's clan, select a name from his own (the father's) clan and bestow it by ceremony, such as is provided. This naming shall be only temporary and shall be called, "A name hung about the neck."
67. Should any person, a member of the Five Nations' Confederacy, specially esteem a man or woman of another clan or of a foreign nation, he may choose a name and bestow it upon that person so esteemed.
The naming shall be in accord with the ceremony of bestowing names. Such a name is only a temporary one and shall be called "A name hung about the neck." A short string of shells shall be delivered with the name as a record and a pledge.
68. Should any member of the Five Nations, a family or person belonging to a foreign nation submit a proposal for adoption into a clan of one of the Five Nations, he or they shall furnish a string of shells, a span in length, as a pledge to the clan into which he or they wish to be adopted. The Lords of the nation shall then consider the proposal and submit a decision.
69. Any member of the Five Nations who through esteem or other feeling wishes to adopt an individual, a family or number of families may offer adoption to him or them and if accepted the matter shall be brought to the attention of the Lords for confirmation and the Lords must confirm adoption.
70. When the adoption of anyone shall have been confirmed by the Lords of the Nation, the Lords shall address the people of their nation and say: "Now you of our nation, be informed that such a person, such a family or such families have ceased forever to bear their birth nation's name and have buried it in the depths of the earth. Henceforth let no one of our nation ever mention the original name or nation of their birth. To do so will be to hasten the end of our peace.
Laws of Emigration
71. When any person or family belonging to the Five Nations desires to abandon their birth nation and the territory of the Five Nations, they shall inform the Lords of their nation and the Confederate Council of the Five Nations shall take cognizance of it.
72. When any person or any of the people of the Five Nations emigrate and reside in a region distant from the territory of the Five Nations Confederacy, the Lords of the Five Nations at will may send a messenger carrying a broad belt of black shells and when the messenger arrives he shall call the people together or address them personally displaying the belt of shells and they shall know that this is an order for them to return to their original homes and to their council fires.
Rights of Foreign Nations
73. The soil of the earth from one end of the land to the other is the property of the people who inhabit it. By birthright the Ongwehonweh (Original beings) are the owners of the soil which they own and occupy and none other may hold it.
The same law has been held from the oldest times.
The Great Creator has made us of the one blood and of the same soil he made us and as only different tongues constitute different nations he established different hunting grounds and territories and made boundary lines between them.
74. When any alien nation or individual is admitted into the Five Nations the admission shall be understood only to be a temporary one. Should the person or nation create loss, do wrong or cause suffering of any kind to endanger the peace of the Confederacy, the Confederate Lords shall order one of their war chiefs to reprimand him or them and if a similar offence is again committed the offending party or parties shall be expelled from the territory of the Five United Nations.
75. When a member of an alien nation comes to the territory of the Five Nations and seeks refuge and permanent residence, the Lords of the Nation to which he comes shall extend hospitality and make him a member of the nation. Then shall he be accorded equal rights and privileges in all matters except as after mentioned.
76. No body of alien people who have been adopted temporarily shall have a vote in the council of the Lords of the Confederacy, for only they who have been invested with Lordship titles may vote in the Council. Aliens have nothing by blood to make claim to a vote and should they have it, not knowing all the traditions of the Confederacy, might go against its Great Peace.
In this manner the Great Peace would be endangered and perhaps be destroyed.
77. When the Lords of the Confederacy decide to admit a foreign nation and an adoption is made, the Lords shall inform the adopted nation that its admission is only temporary. They shall also say to the nation that it must never try to control, to interfere with or to injure the Five Nations nor disregard the Great Peace or any of its rules or customs. That in no way should they cause disturbance or injury.
Then should the adopted nation disregard these injunctions, their adoption shall be annuled and they shall be expelled.
The expulsion shall be in the following manner: The council shall appoint one of their War Chiefs to convey the message of annulment and he shall say, "You (naming the nation) listen to me while I speak. I am here to inform you again of the will of the Five Nations' Council. It was clearly made known to you at a former time.
Now the Lords of the Five Nations have decided to expel you and cast you out. We disown you now and annul your adoption. Therefore you must look for a path in which to go and lead away all your people. It was you, not we, who committed wrong and caused this sentence of annulment. So then go your way and depart from the territory of the Five Nations and from the Confederacy."
78. Whenever a foreign nation enters the Confederacy or accepts the Great Peace, the Five Nations and the foreign nation shall enter into an agreement and compact by which the foreign nation shall endeavor to pursuade other nations to accept the Great Peace.
Rights and Powers of War
79. Skanawatih shall be vested with a double office, duty and with double authority. One-half of his being shall hold the Lordship title and the other half shall hold the title of War Chief. In the event of war he shall notify the five War Chiefs of the Confederacy and command them to prepare for war and have their men ready at the appointed time and place for engagement with the enemy of the Great Peace.
\B\IFor more information click on \b\i\JIroquois Constitution, The (continued 3)\j
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"Iroquois Constitution, The (continued 3)",11,0,0,0
80. When the Confederate Council of the Five Nations has for its object the establishment of the Great Peace among the people of an outside nation and that nation refuses to accept the Great Peace, then by such refusal they bring a declaration of war upon themselves from the Five Nations. Then shall the Five Nations seek to establish the Great Peace by a conquest of the rebellious nation.
81. When the men of the Five Nations, now called forth to become warriors, are ready for battle with an obstinate opposing nation that has refused to accept the Great Peace, then one of the five War Chiefs shall be chosen by the warriors of the Five Nations to lead the army into battle.
It shall be the duty of the War Chief so chosen to come before his warriors and address them. His aim shall be to impress upon them the necessity of good behavior and strict obedience to all the commands of the War Chiefs. He shall deliver an oration exhorting them with great zeal to be brave and courageous and never to be guilty of cowardice. At the conclusion of his oration he shall march forward and commence the War Song and he shall sing:
Now I am greatly surprised
And, therefore I shall use it
The power of my War Song.
I am of the Five Nations
And I shall make supplication
To the Almighty Creator.
He has furnished this army.
My warriors shall be mighty
In the strength of the Creator.
Between him and my song they are
For it was he who gave the song
This war song that I sing!
82. When the warriors of the Five Nations are on an expedition against an enemy, the War Chief shall sing the War Song as he approaches the country of the enemy and not cease until his scouts have reported that the army is near the enemies' lines when the War Chief shall approach with great caution and prepare for the attack.
83. When peace shall have been established by the termination of the war against a foreign nation, then the War Chief shall cause all the weapons of war to be taken from the nation. Then shall the Great Peace be established and that nation shall observe all the rules of the Great Peace for all time to come.
84. Whenever a foreign nation is conquered or has by their own will accepted the Great Peace their own system of internal government may continue, but they must cease all warfare against other nations.
85. Whenever a war against a foreign nation is pushed until that nation is about exterminated because of its refusal to accept the Great Peace and if that nation shall by its obstinacy become exterminated, all their rights, property and territory shall become the property of the Five Nations.
86. Whenever a foreign nation is conquered and the survivors are brought into the territory of the Five Nations' Confederacy and placed under the Great Peace the two shall be known as the Conqueror and the Conquered. A symbolic relationship shall be devised and be placed in some symbolic position. The conquered nation shall have no voice in the councils of the Confederacy in the body of the Lords.
87. When the War of the Five Nations on a foreign rebellious nation is ended, peace shall be restored to that nation by a withdrawal of all their weapons of war by the War Chief of the Five Nations. When all the terms of peace shall have been agreed upon a state of friendship shall be established.
88. When the proposition to establish the Great Peace is made to a foreign nation it shall be done in mutual council. The foreign nation is to be persuaded by reason and urged to come into the Great Peace. If the Five Nations fail to obtain the consent of the nation at the first council a second council shall be held and upon a second failure a third council shall be held and this third council shall end the peaceful methods of persuasion.
At the third council the War Chief of the Five nations shall address the Chief of the foreign nation and request him three times to accept the Great Peace. If refusal steadfastly follows the War Chief shall let the bunch of white lake shells drop from his outstretched hand to the ground and shall bound quickly forward and club the offending chief to death.
War shall thereby be declared and the War Chief shall have his warriors at his back to meet any emergency. War must continue until the contest is won by the Five Nations.
89. When the Lords of the Five Nations propose to meet in conference with a foreign nation with proposals for an acceptance of the Great Peace, a large band of warriors shall conceal themselves in a secure place safe from the espionage of the foreign nation but as near at hand as possible.
Two warriors shall accompany the Union Lord who carries the proposals and these warriors shall be especially cunning. Should the Lord be attacked, these warriors shall hasten back to the army of warriors with the news of the calamity which fell through the treachery of the foreign nation.
90. When the Five Nations' Council declares war any Lord of the Confederacy may enlist with the warriors by temporarily renouncing his sacred Lordship title which he holds through the election of his women relatives. The title then reverts to them and they may bestow it upon another temporarily until the war is over when the Lord, if living, may resume his title and seat in the Council.
91. A certain wampum belt of black beads shall be the emblem of the authority of the Five War Chiefs to take up the weapons of war and with their men to resist invasion. This shall be called a war in defense of the territory.
Treason or Secession of a Nation
92. If a nation, part of a nation, or more than one nation within the Five Nations should in any way endeavor to destroy the Great Peace by neglect or violating its laws and resolve to dissolve the Confederacy, such a nation or such nations shall be deemed guilty of \Jtreason\j and called enemies of the Confederacy and the Great Peace.
It shall then be the duty of the Lords of the Confederacy who remain faithful to resolve to warn the offending people. They shall be warned once and if a second warning is necessary they shall be driven from the territory of the Confederacy by the War Chiefs and his men.
Rights of the People of the Five Nations
93. Whenever a specially important matter or a great emergency is presented before the Confederate Council and the nature of the matter affects the entire body of the Five Nations, threatening their utter ruin, then the Lords of the Confederacy must submit the matter to the decision of their people and the decision of the people shall affect the decision of the Confederate Council. This decision shall be a confirmation of the voice of the people.
94. The men of every clan of the Five Nations shall have a Council Fire ever burning in readiness for a council of the clan. When it seems necessary for a council to be held to discuss the welfare of the clans, then the men may gather about the fire. This council shall have the same rights as the council of the women.
95. The women of every clan of the Five Nations shall have a Council Fire ever burning in readiness for a council of the clan. When in their opinion it seems necessary for the interest of the people they shall hold a council and their decisions and recommendations shall be introduced before the Council of the Lords by the War Chief for its consideration.
96. All the Clan council fires of a nation or of the Five Nations may unite into one general council fire, or delegates from all the council fires may be appointed to unite in a general council for discussing the interests of the people.
The people shall have the right to make appointments and to delegate their power to others of their number. When their council shall have come to a conclusion on any matter, their decision shall be reported to the Council of the Nation or to the Confederate Council (as the case may require) by the War Chief or the War Chiefs.
97. Before the real people united their nations, each nation had its council fires. Before the Great Peace their councils were held. The five Council Fires shall continue to burn as before and they are not quenched. The Lords of each nation in future shall settle their nation's affairs at this council fire governed always by the laws and rules of the council of the Confederacy and by the Great Peace.
98. If either a nephew or a niece see an irregularity in the performance of the functions of the Great Peace and its laws, in the Confederate Council or in the conferring of Lordship titles in an improper way, through their War Chief they may demand that such actions become subject to correction and that the matter conform to the ways prescribed by the laws of the Great Peace.
Religious Ceremonies Protected
99. The rites and festivals of each nation shall remain undisturbed and shall continue as before because they were given by the people of old times as useful and necessary for the good of men.
100. It shall be the duty of the Lords of each brotherhood to confer at the approach of the time of the Midwinter Thanksgiving and to notify their people of the approaching festival. They shall hold a council over the matter and arrange its details and begin the Thanksgiving five days after the moon of Dis-ko-nah is new.
The people shall assemble at the appointed place and the nephews shall notify the people of the time and place. From the beginning to the end the Lords shall preside over the Thanksgiving and address the people from time to time.
101. It shall be the duty of the appointed managers of the Thanksgiving festivals to do all that is needed for carrying out the duties of the occasions.
The recognized festivals of Thanksgiving shall be the Midwinter Thanksgiving, the Maple or Sugar-making Thanksgiving, the Raspberry Thanksgiving, the Strawberry Thanksgiving, the Cornplanting Thanksgiving, the Corn Hoeing Thanksgiving, the Little Festival of Green Corn, the Great Festival of Ripe Corn and the complete Thanksgiving for the Harvest.
Each nation's festivals shall be held in their Long Houses.
102. When the Thanksgiving for the Green Corn comes the special managers, both the men and women, shall give it careful attention and do their duties properly.
103. When the Ripe Corn Thanksgiving is celebrated the Lords of the Nation must give it the same attention as they give to the Midwinter Thanksgiving.
104. Whenever any man proves himself by his good life and his knowledge of good things, naturally fitted as a teacher of good things, he shall be recognized by the Lords as a teacher of peace and religion and the people shall hear him.
The Installation Song
105. The song used in installing the new Lord of the Confederacy shall be sung by Adodarhoh and it shall be:
"Haii, haii Agwah wi-yoh
" " A-kon-he-watha
" " Ska-we-ye-se-go-wah
" " Yon-gwa-wih
" " Ya-kon-he-wa-tha
Haii, haii It is good indeed
" " (That) a broom,
" " A great wing,
" " It is given me
" " For a sweeping instrument."
106. Whenever a person properly entitled desires to learn the Pacification Song he is privileged to do so but he must prepare a feast at which his teachers may sit with him and sing. The feast is provided that no misfortune may befall them for singing the song on an occasion when no chief is installed.
Protection of the House
107. A certain sign shall be known to all the people of the Five Nations which shall denote that the owner or occupant of a house is absent. A stick or pole in a slanting or leaning position shall indicate this and be the sign. Every person not entitled to enter the house by right of living within it upon seeing such a sign shall not approach the house either by day or by night but shall keep as far away as his business will permit.
Funeral Addresses
108. At the funeral of a Lord of the Confederacy, say: Now we become reconciled as you start away. You were once a Lord of the Five Nations' Confederacy and the United People trusted you. Now we release you for it is true that it is no longer possible for us to walk about together on the earth. Now, therefore, we lay it (the body) here. Here we lay it away.
Now then we say to you, 'Persevere onward to the place where the Creator dwells in peace. Let not the things of the earth hinder you. Let nothing that transpired while yet you lived hinder you. In hunting you once took delight; in the game of \JLacrosse\j you once took delight and in the feasts and pleasant occasions your mind was amused, but now do not allow thoughts of these things to give you trouble. Let not your relatives hinder you and also let not your friends and associates trouble your mind. Regard none of these things.'
"Now then, in turn, you here present who were related to this man and you who were his friends and associates, behold the path that is yours also! Soon we ourselves will be left in that place. For this reason hold yourselves in restraint as you go from place to place. In your actions and in your conversation do no idle thing. Speak not idle talk neither gossip.
Be careful of this and speak not and do not give way to evil behavior. One year is the time that you must abstain from unseemly levity but if you can not do this for ceremony, ten days is the time to regard these things for respect."
109. At the funeral of a War Chief, say:
"Now we become reconciled as you start away. You were once a War Chief of the Five Nations' Confederacy and the United People trusted you as their guard from the enemy." (The remainder is the same as the address at the funeral of a Lord).
110. At the funeral of a Warrior, say:
"Now we become reconciled as you start away. Once you were a devoted provider and protector of your family and you were ever ready to take part in battles for the Five Nations' Confederacy. The United People trusted you." (The remainder is the same as the address at the funeral of a Lord).
111. At the funeral of a young man, say:
"Now we become reconciled as you start away. In the beginning of your career you are taken away and the flower of your life is withered away." (The remainder is the same as the address at the funeral of a Lord).
112. At the funeral of a chief woman, say:
"Now we become reconciled as you start away. You were once a chief woman in the Five Nations' Confederacy. You once were a mother of the nations. Now we release you for it is true that it is no longer possible for us to walk about together on the earth. Now, therefore, we lay it (the body) here. Here we lay it away. Now then we say to you, 'Persevere onward to the place where the Creator dwells in peace. Let not the things of the earth hinder you.
Let nothing that transpired while you lived hinder you. Looking after your family was a sacred duty and you were faithful. You were one of the many joint heirs of the Lordship titles. Feastings were yours and you had pleasant occasions. . ." (The remainder is the same as the address at the funeral of a Lord).
113. At the funeral of a woman of the people, say:
"Now we become reconciled as you start away. You were once a woman in the flower of life and the bloom is now withered away. You once held a sacred position as a mother of the nation. (Etc.) Looking after your family was a sacred duty and you were faithful. Feastings . . . (etc.)" (The remainder is the same as the address at the funeral of a Lord).
114. At the funeral of an infant or young woman, say:
"Now we become reconciled as you start away. You were a tender bud and gladdened our hearts for only a few days. Now the bloom has withered away . . . (etc.) Let none of the things that transpired on earth hinder you. Let nothing that happened while you lived hinder you." (The remainder is the same as the address at the funeral of a Lord).
115. When an infant dies within three days, mourning shall continue only five days. Then shall you gather the little boys and girls at the house of mourning and at the funeral feast a speaker shall address the children and bid them be happy once more, though by a death, gloom has been cast over them. Then shall the black clouds roll away and the sky shall show blue once more. Then shall the children be again in sunshine.
116. When a dead person is brought to the burial place, the speaker on the opposite side of the Council Fire shall bid the bereaved family cheer their minds once again and rekindle their hearth fires in peace, to put their house in order and once again be in brightness for darkness has covered them. He shall say that the black clouds shall roll away and that the bright blue sky is visible once more. Therefore shall they be in peace in the sunshine again.
117. Three strings of shell one span in length shall be employed in addressing the assemblage at the burial of the dead. The speaker shall say:
"Hearken you who are here, this body is to be covered. Assemble in this place again ten days hence for it is the decree of the Creator that mourning shall cease when ten days have expired. Then shall a feast be made."
Then at the expiration of ten days the speaker shall say: "Continue to listen you who are here. The ten days of mourning have expired and your minds must now be freed of sorrow as before the loss of a relative. The relatives have decided to make a little compensation to those who have assisted at the funeral. It is a mere expression of thanks.
This is to the one who did the cooking while the body was lying in the house. Let her come forward and receive this gift and be dismissed from the task." In substance this shall be repeated for every one who assisted in any way until all have been remembered.
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"Samuel de Champlain, Voyages (1604)",12,0,0,0
The inclinations of men differ according to their varied dispositions; and each one in his calling has his particular end in view. Some aim at gain, some at glory, some at the public weal. The greater number are engaged in trade, and especially that which is transacted on the sea. Hence arise the principal support of the people, the opulence and honor of states.
This is what raised ancient \JRome\j to the sovereignty and mastery over the entire world, and the Venetians to a grandeur equal to that of powerful kings. It has in all times caused maritime towns to abound in riches, among which Alexandria and Tyre are distinguished, and numerous others, which fill up the regions of the interior with the objects of beauty and rarity obtained from foreign nations.
For this reason, many princes have striven to find a northerly route to China, in order to facilitate commerce with the Orientals, in the belief that this route would be shorter and less dangerous.
In the year 1496, the king of England commissioned John Cabot and his son Sebastian to engage in this search. About the same time, Don Emanuel, king of \JPortugal\j, despatched on the same errand Gaspar Cortereal, who returned without attaining his object. Resuming his journeys the year after, he died in the undertaking; as did also his brother Michel, who was prosecuting it perseveringly.
In the years 1534 and 1535, Jacques Cartier received a like commission from King Francis I, but was arrested in his course. Six years after, Sieur de Roberval, having renewed it, sent Jean Alfonse of Saintonge farther northward along the coast of Labrador; but he returned as wise as the others. In the years 1576, 1577, and 1578, Sir Martin Frobisher, an Englishman, made three voyages along the northern coasts.
Seven years later, Humphrey Gilbert, also an Englishman, set out with five ships, but suffered shipwreck on Sable Island, where three of his vessels were lost. In the same and two following years, John Davis, an Englishman, made three voyages for the same object; penetrating to the 72d degree, as far as a strait which is called at the present day by his name.
After him, Captain Georges made also a voyage in 1590, but in consequence of the ice was compelled to return without having made any discovery. The Hollanders, on their part, had no more precise knowledge in the direction of Nova Zembla.
So many voyages and discoveries without result, and attended with so much hardship and expense, have caused us French in late years to attempt a permanent settlement in those lands which we call New \JFrance\j, in the hope of thus realizing more easily this object; since the voyage in search of the desired passage commences on the other side of the ocean, and is made along the coast of this region.
These considerations had induced the Marquis de la Roche, in 1598, to take a commission from the king for making a settlement in the above region. With this object, he landed men and supplies on Sable Island; but, as the conditions which had been accorded to him by his Majesty were not fulfilled, he was obliged to abandon his undertaking, and leave his men there.
A year after, Captain Chauvin accepted another commission to transport settlers to the same region; but, as this was shortly after revoked, he prosecuted the matter no farther.
After the above, notwithstanding all these accidents and disappointments, Sieur de Monts desired to attempt what had been given up in despair, and requested a commission for this purpose of his Majesty, being satisfied that the previous enterprises had failed because the undertakers of them had not received assistance, who had not succeeded, in one nor even two years' time, in making the acquaintance of the regions and people there, nor in finding harbors adapted for a settlement.
He proposed to his Majesty a means for covering these expenses, without drawing any thing from the royal revenues; viz., by granting to him the monopoly of the fur-trade in this land. This having been granted to him, he made great and excessive outlays, and carried out with him a large number of men of various vocations. Upon his arrival, he caused the necessary number of habitations for his followers to he constructed.
This expenditure he continued for three consecutive years, after which, in consequence of the jealousy and annoyance of certain Basque merchants, together with some from Brittany, the monopoly which had been granted to him was revoked by the Council to the great injury and loss of Sieur de Monts, who, in consequence of this revocation, was compelled to abandon his entire undertaking, sacrificing his labors and the outfit for his settlement.
But since, a report had been made to the king on the fertility of the soil by him, and by me on the feasibility of discovering the passage to China, without the inconveniences of the ice of the north or the heats of the torrid zone, through which our sailors pass twice in going and twice in returning, with inconceivable hardships and risks, his Majesty directed Sieur de Monts to make a new outfit, and send men to continue what he had commenced.
This he did. And, in view of the uncertainty of his commission, he chose a new spot for his settlement, in order to deprive jealous persons of any such distrust as they had previously conceived. He was also influenced by the hope of greater advantages in case of settling in the interior, where the people are civilized, and where it is easier to plant the Christian faith and establish such order as is necessary for the protection of a country, than along the sea-shore, where the savages generally dwell.
From this course, he believed the king would derive an inestimable profit; for it is easy to suppose that Europeans will seek out this advantage rather than those of a jealous and intractable disposition to be found on the shores, and the barbarous tribes.
Courtesy of \IUS Historical Documents Archive\i
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"Instructions for the Virginia Colony (1606)",13,0,0,0
As we doubt not but you will have especial care to observe the ordinances set down by the King's Majesty and delivered unto you under the Privy Seal; so for your better directions upon your first landing we have thought good to recommend unto your care these instructions and articles following.
When it shall please God to send you on the coast of Virginia, you shall do your best endeavour to find out a safe port in the entrance of some navigable river, making choice of such a one as runneth farthest into the land, and if you happen to discover divers portable rivers, and amongst them any one that hath two main branches, if the difference be not great, make choice of that which bendeth most toward the North-West for that way you shall soonest find the other sea.
When you have made choice of the river on which you mean to settle, be not hasty in landing your victuals and munitions; but first let Captain Newport discover how far that river may be found navigable, that you make election of the strongest, most wholesome and fertile place; for if you make many removes, besides the loss of time, you shall greatly spoil your victuals and your caske, and with great pain transport it in small boats.
But if you choose your place so far up as a bark of fifty tuns will float, then you may lay all your provisions ashore with ease, and the better receive the trade of all the countries about you in the land; and such a place you may perchance find a hundred miles from the river's mouth, and the further up the better.
For if you sit down near the entrance, except it be in some island that is strong by nature, an enemy that may approach you on even ground, may easily pull you out; and if he be driven to seek you a hundred miles [in] the land in boats, you shall from both sides of the river where it is narrowest, so beat them with your muskets as they shall never be able to prevail against you.
And to the end that you be not surprised as the French were in \JFlorida\j by Melindus, and the Spaniard in the same place by the French, you shall do well to make this double provision. First, erect a little stoure at the mouth of the river that may lodge some ten men; with whom you shall leave a light boat, that when any fleet shall be in sight, they may come with speed to give you warning.
Secondly, you must in no case suffer any of the native people of the country to inhabit between you and the sea coast; for you cannot carry yourselves so towards them, but they will grow discontented with your habitation, and be ready to guide and assist any nation that shall come to invade you; and if you neglect this, you neglect your safety.
When you have discovered as far up the river as you mean to plant yourselves, and landed your victuals and munitions; to the end that every man may know his charge, you shall do well to divide your six score men into three parts; whereof one party of them you may appoint to fortify and build, of which your first work must be your storehouse for victuals; the other you may imploy in preparing your ground and sowing your corn and roots; the other ten of these forty you must leave as centinel at the haven1s mouth.
The other forty you may imploy for two months in discovery of the river above you, and on the country about you; which charge Captain Newport and Captain Gosnold may undertake of these forty discoverers. When they do espie any high lands or hills, Captain Gosnold may take twenty of the company to cross over the lands, and carrying a half dozen pickaxes to try if they can find any minerals.
The other twenty may go on by river, and pitch up boughs upon the bank's side, by which the other boats shall follow them by the same turnings. You may also take with them a wherry, such as is used here in the Thames; by which you may send back to the President for supply of munition or any other want, that you may not be driven to return for every small defect.
You must observe if you can, whether the river on which you plant doth spring out of mountains or out of lakes. If it be out of any lake, the passage to the other sea will be more easy, and [it] is like enough, that out of the same lake you shall find some spring which run[s] the contrary way towards the East India Sea; for the great and famous rivers of Volga, Tan[a]is and Dwina have three heads near joynd; and yet the one falleth into the Caspian Sea, the other into the Euxine Sea, and the third into the Paelonian Sea.
In all your passages you must have great care not to offend the naturals [natives], if you can eschew it; and imploy some few of your company to trade with them forcorn and all other . . . victuals if you have any; and this you must do before that they perceive you mean to plant among them; for not being sure how your own seed corn will prosper the first year, to avoid the danger of \Jfamine\j, use and endeavour to store yourselves of the country corn.
Your discoverers that pass over land with hired guides, must look well to them that they slip not from them: and for more assurance, let them take a compass with them, and write down how far they go upon every point of the compass; for that country having no way nor path, if that your guides run from you in the great woods or desert, you shall hardly ever find a passage back.
And how weary soever your soldiers be, let them never trust the country people with the carriage of their weapons; for if they run from you with your shott, which they only fear, they will easily kill them all with their arrows.
And whensoever any of yours shoots before them, be sure they may be chosen out of your best marksmen; for if they see your learners miss what they aim at, they will think the weapon not so terrible, and thereby will be bould to assault you.
Above all things, do not advertize the killing of any of your men, that the country people may know it; if they perceive that they are but common men, and that with the loss of many of theirs they diminish any part of yours, they will make many adventures upon you.
If the country be populous, you shall do well also, not to let them see or know of your sick men, if you have any; which may also encourage them to many enterprizes.
You must take especial care that you choose a seat for habitation that shall not be over burthened with woods near your town; for all the men you have, shall not he able to cleanse twenty acres a year; besides that it may serve for a covert for your enemies round about.
Neither must you plant in a low or moist place, because it will prove unhealthfull. You shall judge of the good air by the people; for some part of that coast where the lands are low, have their people blear eyed, and with swollen bellies and legs; but if the naturals he strong and clean made, it is a true sign of a wholesome soil.
You must take order to draw up the pinnace that is left with you, under the fort: and take her sails and anchors ashore, all but a small kedge to ride by; least some ill-dispositioned persons slip away with her.
You must take care that your marriners that go for wages, do not mar your trade; for those that mind not to inhabite, for a little gain will debase the estimation of exchange, and hinder the trade for ever after; and therefore you shall not admit or suffer any person whatsoever, other than such as shall be appointed by the President and Counsel there, to buy any merchandizes or other things whatsoever.
It were necessary that all your carpenters and other such like workmen about building do first build your storehouse and those other rooms of publick and necessary use before any house be set up for any private person: and though the workman may belong to any private persons yet let them all work together first for the company and then for private men.
And seeing order is at the same price with confusion, it shall be adviseably done to set your houses even and by a line, that your street may have a good breadth, and be carried square about your market place and every street's end opening into it; that from thence, with a few field pieces, you may command every street throughout; which market place you may also fortify if you think it needfull.
You shall do well to send a perfect relation by Captaine Newport of all that is done, what height you are seated, how far into the land, what commodities you find, what soil, woods and their several kinds, and so of all other things else to advertise particularly; and to suffer no man to return but by pasport from the President and Counsel, nor to write any letter of anything that may discourage others.
Lastly and chiefly the way to prosper and achieve good success is to make yourselves all of one mind for the good of your country and your own, and to serve and fear God the Giver of all Goodness, for every plantation which our Heavenly Father hath not planted shall be rooted out.
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"First Virginia Charter (April 10, 1606), The",14,0,0,0
James, by the grace of God [King of England, Scotland, \JFrance\j, and Ireland, Defender of the Faith], etc. Whereas our loving and weldisposed subjects, Sir Thomas Gates and Sir George Somers, Knightes; Richarde Hackluit, Clarke, Prebendarie of Westminster; and Edwarde Maria Winghfeilde, Thomas Hannam and Raleighe Gilberde, Esquiers; William Parker and George Popham, Gentlemen; and divers others of our loving subjects, have been humble sutors unto us that wee woulde vouchsafe unto them our licence to make habitacion, plantacion and to deduce a colonie of sondrie of our people into that parte of America commonly called Virginia, and other parts and territories in America either appartaining unto us or which are not nowe actuallie possessed by anie Christian prince or people, scituate, lying and being all along the sea coastes between fower and thirtie degrees of northerly latitude from the equinoctiall line and five and fortie degrees of the same latitude and in the maine lande betweene the same fower and thirtie and five and fourtie degrees, and the ilandes thereunto adjacente or within one hundred miles of the coaste thereof;
And to that ende, and for the more speedy accomplishemente of theire saide intended plantacion and habitacion there, are desirous to devide themselves into two severall colonies and companies, the one consisting of certaine Knightes, gentlemen, marchanntes and other adventurers of our cittie of London, and elsewhere, which are and from time to time shalbe joined unto them which doe desire to begin theire plantacions and habitacions in some fitt and conveniente place between fower and thirtie and one and fortie degrees of the said latitude all alongest the coaste of Virginia and coastes of America aforesaid and the other consisting of sondrie Knightes, gentlemen, merchanntes, and other adventurers of our citties of Bristoll and Exeter, and of our towne of Plymouthe, and of other places which doe joine themselves unto that colonie which doe desire to beginn theire plantacions and habitacions in some fitt and convenient place betweene eighte and thirtie degrees and five and fortie degrees of the saide latitude all alongst the saide coaste of Virginia and America as that coaste lieth;
Wee, greately commending and graciously accepting of theire desires to the furtherance of soe noble a worke which may, by the providence of Almightie God, hereafter tende to the glorie of His Divine Majestie in propagating of Christian religion to suche people as yet live in darkenesse and miserable ignorance of the true knoweledge and worshippe of God and may in tyme bring the infidels and salvages living in those parts to humane civilitie and to a setled and quiet govermente, doe by theise our lettres patents graciously accepte of and agree to theire humble and well intended desires;
And doe, therefore, for us, our heires and successors, grannte and agree that the saide Sir Thomas Gates, Sir George Sumers, Richarde Hackluit and Edwarde Maria Winghfeilde, adventurers of and for our cittie of London, and all suche others as are or shalbe joined unto them of that Colonie, shalbe called the Firste Colonie, and they shall and may beginne theire saide firste plantacion and seate of theire firste aboade and habitacion at anie place upon the saide coaste of Virginia or America where they shall thincke fitt and conveniente betweene the saide fower and thirtie and one and fortie degrees of the saide latitude; and that they shall have all the landes, woods, soile, groundes, havens, ports, rivers, mines, mineralls, marshes, waters, fishinges, commodities and hereditamentes whatsoever, from the said first seate of theire plantacion and habitacion by the space of fiftie miles of Englishe statute measure all alongest the saide coaste of Virginia and America towardes the weste and southe weste as the coaste lieth, with all the islandes within one hundred miles directlie over againste the same sea coaste; and alsoe all the landes, soile, groundes havens, ports, rivers, mines, mineralls, woods, marrishes [marshes], waters, fishinges, commodities and hereditamentes whatsoever, from the saide place of theire firste plantacion and habitacion for the space of fiftie like Englishe miles, all alongest the saide coaste of Virginia and America towardes the easte and northeaste [or toward the north] as the coaste lieth, together with all the islandes within one hundred miles directlie over againste the same sea coaste; and alsoe all the landes, woodes, soile, groundes, havens, portes, rivers, mines, mineralls, marrishes, waters, fishinges, commodities and hereditamentes whatsoever, from the same fiftie miles everie waie on the sea coaste directly into the maine lande by the space of one hundred like Englishe miles; and shall and may inhabit and remaine there; and shall and may alsoe builde and fortifie within anie the same for theire better safegarde and defence, according to theire best discrecions and the direction of the Counsell of that Colonie; and that noe other of our subjectes shalbe permitted or suffered to plante or inhabit behinde or on the backside of them towardes the maine lande, without the expresse licence or consente of the Counsell of that Colonie thereunto in writing firste had or obtained.
And wee doe likewise for us, our heires and successors, by theise presentes grannte and agree that the saide Thomas Hannam and Raleighe Gilberde, William Parker and George Popham, and all others of the towne of Plymouthe in the countie of Devon, or elsewhere, which are or shalbe joined unto them of that Colonie, shalbe called the Seconde Colonie; and that they shall and may beginne theire saide firste plantacion and seate of theire first aboade and habitacion at anie place upon the saide coaste of Virginia and America, where they shall thincke fitt and conveniente, betweene eighte and thirtie degrees of the saide latitude and five and fortie degrees of the same latitude; and that they shall have all the landes, soile, groundes, havens, ports, rivers, mines, mineralls, woods, marishes, waters, fishinges, commodities and hereditaments whatsoever, from the firste seate of theire plantacion and habitacion by the space of fiftie like Englishe miles, as is aforesaide, all alongeste the saide coaste of Virginia and America towardes the weste and southwest, or towardes the southe, as the coaste lieth, and all the islandes within one hundred miles directlie over againste the saide sea coaste; and alsoe all the landes, soile, groundes, havens, portes, rivers, mines, mineralls, woods, marishes, waters, fishinges, commodities and hereditamentes whatsoever, from the saide place of theire firste plantacion and habitacion for the space of fiftie like miles all alongest the saide coaste of Virginia and America towardes the easte and northeaste or towardes the northe, as the coaste liethe, and all the islandes alsoe within one hundred miles directly over againste the same sea coaste; and alsoe all the landes, soile, groundes, havens, ports, rivers, woodes, mines, mineralls, marishes, waters, fishings, commodities and hereditaments whatsoever, from the same fiftie miles everie waie on the sea coaste, directlie into the maine lande by the space of one hundred like Englishe miles; and shall and may inhabit and remaine there; and shall and may alsoe builde and fortifie within anie the same for theire better saufegarde according to theire beste discrecions and the direction of the Counsell of that Colonie; and that none of our subjectes shalbe permitted or suffered to plante or inhabit behinde or on the backe of them towardes the maine lande without the expresse licence or consente of the Counsell of that Colonie, in writing thereunto, firste had and obtained.
Provided alwaies, and our will and pleasure herein is, that the plantacion and habitacion of suche of the saide Colonies as shall laste plante themselves, as aforesaid, shall not be made within one hundred like Englishe miles of the other of them that firste beganne to make theire plantacion, as aforesaide.
And wee doe alsoe ordaine, establishe and agree for [us], our heires and successors, that eache of the saide Colonies shall have a Counsell which shall governe and order all matters and causes which shall arise, growe, or happen to or within the same severall Colonies, according to such lawes, ordinannces and instructions as shalbe in that behalfe, given and signed with our hande or signe manuell and passe under the Privie Seale of our realme of Englande; eache of which Counsells shall consist of thirteene parsons and to be ordained, made and removed from time to time according as shalbe directed and comprised in the same instructions; and shall have a severall seale for all matters that shall passe or concerne the same severall Counsells, eache of which seales shall have the Kinges armes engraven on the one side there of and his pourtraiture on the other; and that the seale for the Counsell of the saide Firste Colonie shall have engraven rounde about on the one side theise wordes: Sigillum Regis Magne Britanie, Francie [et] Hibernie; on the other side this inscripture rounde about: Pro Consillio Prime Colonie Virginie. And the seale for the Counsell of the saide Seconde Colonie shall alsoe have engraven rounde about the one side thereof the foresaide wordes: Sigillum Regis Magne Britanie, Francie [et] Hibernie; and on the other side: Pro Consilio Secunde Colonie Virginie.
And that alsoe ther shalbe a Counsell established here in Englande which shall in like manner consist of thirteen parsons to be, for that purpose, appointed by us, our heires and successors, which shalbe called our Counsell of Virginia; and shall from time to time have the superior managing and direction onelie of and for all matters that shall or may concerne the govermente, as well of the said severall Colonies as of and for anie other parte or place within the aforesaide precinctes of fower and thirtie and five and fortie degrees abovementioned; which Counsell shal in like manner have a seale for matters concerning the Counsell [or Colonies] with the like armes and purtraiture as aforesaide, with this inscription engraven rounde about the one side: Sigillum Regis Magne Britanie, Francie [et] Hibernie; and rounde about the other side: Pro Consilio Suo Virginie.
And more over wee doe grannte and agree for us, our heires and successors, that the saide severall Counsells of and for the saide severall Colonies shall and lawfully may by vertue hereof, from time to time, without interuption of us, our heires or successors, give and take order to digg, mine and searche for all manner of mines of goulde, silver and copper, as well within anie parte of theire saide severall Colonies as of the saide maine landes on the backside of the same Colonies; and to have and enjoy the goulde, silver and copper to be gotten there of to the use and behoofe of the same Colonies and the plantacions thereof; yeilding therefore yerelie to us, our heires and successors, the fifte parte onelie of all the same goulde and silver and the fifteenth parte of all the same copper soe to be gotten or had, as is aforesaid, and without anie other manner of profitt or accompte to be given or yeilded to us, our heires or successors, for or in respecte of the same.
And that they shall or lawfullie may establishe and cawse to be made a coine, to passe currant there betwene the people of those severall Colonies for the more ease of trafiique and bargaining betweene and amongest them and the natives there, of such mettall and in such manner and forme as the same severall Counsells there shall limitt and appointe.
And wee doe likewise for us, our heires and successors, by theise presents give full power and auctoritie to the said Sir Thomas Gates, Sir George Sumers, Richarde Hackluit, Edwarde Maria Winghfeilde, Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and to everie of them, and to the saide severall Companies, plantacions and Colonies, that they and everie of them shall and may at all and everie time and times hereafter have, take and leade in the saide voyage, and for and towardes the saide severall plantacions and Colonies, and to travell thitherwarde and to abide and inhabit there in everie of the saide Colonies and plantacions, such and somanie of our subjectes as shall willinglie accompanie them, or anie of them, in the saide voyages and plantacions, with sufficiente shipping and furniture of armour, weapon, ordonnance, powder, victall, and all other thinges necessarie for the saide plantacions and for theire use and defence there: provided alwaies that none of the said parsons be such as hereafter shalbe speciallie restrained by us, our heires or successors.
Moreover, wee doe by theise presents, for us, our heires and successors, give and grannte licence unto the said Sir Thomas Gates, Sir George Sumers, Richarde Hackluite, Edwarde Maria Winghfeilde, Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and to everie of the said Colinies, that they and everie of them shall and may, from time to time and at all times for ever hereafter, for theire severall defences, incounter or expulse, repell and resist, aswell by sea as by lande, by all waies and meanes whatsoever, all and everie suche parson and parsons as without espiciall licence of the said severall Colonies and plantacions shall attempte to inhabit within the saide severall precincts and limitts of the saide severall Colonies and plantacions, or anie of them, or that shall enterprise or attempt at anie time hereafter the hurte, detrimente or annoyance of the saide severall Colonies or plantacions.
Giving and grannting by theise presents unto the saide Sir Thomas Gates, Sir George Somers, Richarde Hackluite, and Edwarde Maria Winghfeilde, and theire associates of the said Firste Colonie, and unto the said Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and theire associates of the saide Second Colonie, and to everie of them from time to time and at all times for ever hereafter, power and auctoritie to take and surprize by all waies and meanes whatsoever all and everie parson and parsons with theire shipps, vessels, goods and other furniture, which shalbe founde traffiqueing into anie harbor or harbors, creeke, creekes or place within the limitts or precincts of the saide severall Colonies and plantacions, not being of the same Colonie, untill such time as they, being of anie realmes or dominions under our obedience, shall paie or agree to paie to the handes of the Tresorer of the Colonie, within whose limitts and precincts theie shall soe traffique, twoe and a halfe upon anie hundred of anie thing soe by them traffiqued, boughte or soulde; and being stranngers and not subjects under our obeysannce, untill they shall paie five upon everie hundred of suche wares and commoditie as theie shall traffique, buy or sell within the precincts of the saide severall Colonies wherein theie shall soe traffique, buy or sell, as aforesaide; which sommes of money or benefitt, as aforesaide, for and during the space of one and twentie yeres nexte ensuing the date hereof shalbe whollie imploied to the use, benefitt and behoofe of the saide severall plantacions where such trafficque shalbe made; and after the saide one and twentie yeres ended the same shalbe taken to the use of us, our heires and successors by such officer and minister as by us, our heires and successors shalbe thereunto assigned or appointed.
And wee doe further, by theise presentes, for us, our heires and successors, give and grannte unto the saide Sir Thomas Gates, Sir George Sumers, Richarde Hackluit, and Edwarde Maria Winghfeilde, and to theire associates of the saide Firste Colonie and plantacion, and to the saide Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and theire associates of the saide Seconde Colonie and plantacion, that theie and everie of them by theire deputies, ministers and factors may transport the goods, chattells, armor, munition and furniture, needfull to be used by them for theire saide apparrell, defence or otherwise in respecte of the saide plantacions, out of our realmes of Englande and Irelande and all other our dominions from time to time, for and during the time of seaven yeres nexte ensuing the date hereof for the better releife of the said severall Colonies and plantacions, without anie custome, subsidie or other dutie unto us, our heires or successors to be yeilded or paide for the same.
Alsoe wee doe, for us, our heires and successors, declare by theise presentes that all and everie the parsons being our subjects which shall dwell and inhabit within everie or anie of the saide severall Colonies and plantacions and everie of theire children which shall happen to be borne within the limitts and precincts of the said severall Colonies and plantacions shall have and enjoy all liberties, franchises and immunites within anie of our other dominions to all intents and purposes as if they had been abiding and borne within this our realme of Englande or anie other of our saide dominions.
Moreover our gracious will and pleasure is, and wee doe by theise presents, for us, our heires and successors, declare and sett forthe, that if anie parson or parsons which shalbe of anie of the said Colonies and plantacions or anie other, which shall trafficque to the saide Colonies and plantacions or anie of them, shall at anie time or times hereafter transporte anie wares, marchandize or commodities out of [any] our dominions with a pretence and purpose to lande, sell or otherwise dispose the same within anie the limitts and precincts of anie of the saide Colonies and plantacions, and yet nevertheles being at the sea or after he hath landed the same within anie of the said Colonies and plantacions, shall carrie the same into any other forraine countrie with a purpose there to sell or dispose of the same without the licence of us, our heires or successors in that behalfe first had or obtained, that then all the goods and chattels of the saide parson or parsons soe offending and transporting, together with the said shippe or vessell wherein suche transportacion was made, shall be forfeited to us, our heires and successors.
Provided alwaies, and our will and pleasure is and wee doe hereby declare to all Christian kinges, princes and estates, that if anie parson or parsons which shall hereafter be of anie of the said severall Colonies and plantacions, or anie other, by his, theire, or anie of theire licence or appointment, shall at anie time or times hereafter robb or spoile by sea or by lande or doe anie acte of unjust and unlawfull hostilitie to anie the subjects of us, our heires or successors, or anie of the subjects of anie king, prince, ruler, governor or state being then in league or amitie with us, our heires or successors, and that upon suche injurie or upon juste complainte of such prince, ruler, governor or state or their subjects, wee, our heires or successors, shall make open proclamation within anie the ports of our realme of Englande, commodious for that purpose, that the saide parson or parsons having committed anie such robberie or spoile shall, within the terme to be limitted by suche proclamations, make full restitucion or satisfaction of all suche injuries done, soe as the saide princes or others soe complained may houlde themselves fully satisfied and contented; and that if the saide parson or parsons having committed such robberie or spoile shall not make or cause to be made satisfaction accordingly with[in] such time soe to be limitted, that then it shalbe lawfull to us, our heires and successors to put the saide parson or parsons having committed such robberie or spoile and theire procurers, abbettors or comfortors out of our allegeannce and protection; and that it shalbe lawefull and free for all princes and others to pursue with hostilitie the saide offenders and everie of them and theire and everie of theire procurors, aiders, abbettors and comforters in that behalfe.
And finallie wee doe, for us, our heires and successors, grannte and agree, to and with the saide Sir Thomas Gates, Sir George Sumers, Richarde Hackluit and Edwarde Maria Winghfeilde, and all other of the saide Firste Colonie, that wee, our heires or successors, upon peticion in that behalfe to be made, shall, by lettres patents under the Greate [Seale] of Englande, give and grannte unto such parsons, theire heires and assignees, as the Counsell of that Colonie or the most part of them shall for that purpose nomminate and assigne, all the landes, tenements and hereditaments which shalbe within the precincts limitted for that Colonie, as is aforesaid, to be houlden of us, our heires and successors as of our mannor of Eastgreenwiche in the countie of Kente, in free and common soccage onelie and not in capite.
And doe, in like manner, grannte and agree, for us, our heires and successors, to and with the saide Thomas Hannam, Raleighe Gilberd, William Parker and George Popham, and all others of the saide Seconde Colonie, that wee, our heires [and] successors, upon petition in that behalfe to be made, shall, by lettres patentes under the Great Seale of Englande, give and grannte unto such parsons, theire heires and assignees, as the Counsell of that Colonie or the most parte of them shall for that purpose nomminate and assigne, all the landes, tenementes and hereditaments which shalbe within the precinctes limited for that Colonie as is afore said, to be houlden of us, our heires and successors as of our mannor of Eastgreenwich in the countie of Kente, in free and common soccage onelie and not in capite.
All which landes, tenements and hereditaments soe to be passed by the saide severall lettres patents, shalbe, by sufficient assurances from the same patentees, soe distributed and devided amongest the undertakers for the plantacion of the said severall Colonies, and such as shall make theire plantacion in either of the said severall Colonies, in such manner and forme and for such estates as shall [be] ordered and sett [downe] by the Counsell of the same Colonie, or the most part of them, respectively, within which the same lands, tenements and hereditaments shall ly or be.
Althoughe expresse mencion [of the true yearly value or certainty of the premises, or any of them, or of any other gifts or grants, by us or any our progenitors or predecessors, to the aforesaid Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, or any of them, heretofore made, in these presents, is not made; or any statute, act, ordnance, or provision, proclamation, or restraint, to the contrary hereof had, made, ordained, or any other thing, cause, or matter whatsoever, in any wise notwithstanding.]
In witnesse wherof [we have caused these our letters to be made patents;] witnesse our selfe at Westminister the xth day of Aprill [1606, in the fourth year of our reign of England, \JFrance\j, and Ireland, and of Scotland the nine and thirtieth.]
[Lukin]
Exactum per breve de private sigillo [etc.]
Courtesy of \IUS Historical Documents Archive\i
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"Second Virginia Charter (May 23, 1609), The",15,0,0,0
James, by the grace of God [King of England, Scotland, \JFrance\j and Ireland, defender of the faith, etc.] To all [to whom these presents shall come, greeting.]
Whereas, at the humble suite and request of sondrie oure lovinge and well disposed subjects intendinge to deduce a colonie and to make habitacion and plantacion of sondrie of oure people in that parte of America comonlie called Virginia, and other part and territories in America either apperteyninge unto us or which are not actually possessed of anie Christian prince or people within certaine bound and regions, wee have formerly, by oure lettres patents bearinge date the tenth of Aprill in the fourth yeare of oure raigne of England, Fraunce, and Ireland, and the nine and thirtieth of Scotland, graunted to Sir Thomas Gates, Sir George Somers and others, for the more speedie accomplishment of the said plantacion and habitacion, that they shoulde devide themselves into twoe colloniesthe one consistinge of divers Knights, gentlemen, merchaunts and others of our cittie of London, called the First Collonie; and the other of sondrie Knights, gentlemen and others of the citties of Bristoll, Exeter, the towne of Plymouth, and other places, called the Seccond Collonieand have yielded and graunted maine and sondrie priviledges and liberties to each Collonie for their quiet setlinge and good government therein, as by the said lettres patents more at large appeareth.
Nowe, forasmuch as divers and sondrie of oure lovinge subjects, as well adventurers as planters, of the said First Collonie (which have alreadie engaged them selves in furtheringe the businesse of the said plantacion and doe further intende by the assistance of Almightie God to prosecute the same to a happie ende) have of late ben humble suiters unto us that, in respect of their great chardeges and the adventure of manie of their lives which they have hazarded in the said discoverie and plantacion of the said countrie, wee woulde be pleased to graunt them a further enlargement and explanacion of the said graunte, priviledge and liberties, and that suche counsellors and other officers maie be appointed amonngest them to manage and direct their affaires [as] are willinge and readie to adventure with them; as also whose dwellings are not so farr remote from the cittye of London but that they maie at convenient tymes be readie at hande to give advice and assistance upon all occacions requisite.
We, greatlie affectinge the effectual prosecucion and happie successe of the said plantacion and comendinge their good desires theirin, for their further encouragement in accomplishinge so excellent a worke, much pleasinge to God and profitable to oure Kingdomes, doe, of oure speciall grace and certeine knowledge and meere motion, for us, oure heires and successors, give, graunt and confirme to oure trustie and welbeloved subjects,
Robert, Earle of Salisburie [Salisbury] Thomas, Earle of Suffolke [Suffolk] Henrie, Earle of \JSouthampton\j William. Earle of Pembroke [Henrie] [Henrie] Earle of Lincolne [Lincoln] Henrie, Earle of Dorsett [Dorset] Thomas, Earle of Exeter Phillipp, Earle of Mountgommery Robert, Lord Vicount Lisle Theophilus, Lord Howard of Walden James Mountague, Lord Bishopp of Bathe and Wells Edward, Lord Zouche Thomas, Lord Lawarr Wiliam, Lord Mounteagle Raphe, Lord Ewre Edmond, Lord Sheffeild [Sheffield] Grey, Lord Shandis [Chandois] [Grey], Lord Compton John, Lord Petre John, Lord Stanhope George, Lord Carew Sir Humfrey Welde, Lord Mayor of London [Weld] George Pertie, Esquire [Percie] Sir Edward Cecill, Knight [Cecil] Sir George Wharton, Knight Frauncis West, Esquire Sir William Waade, Knight [Wade] Sir Henrie Nevill, Knight [Nevil] Sir Thomas Smithe, Knight [Smith] Sir Oliver Cromwell, Knight Sir Peter Manwood, Knight Sir Dru Drurie, Knight [Drury] Sir John Scott, Knight [Scot] Sir Thomas Challouer, Knight [Challoner] Sir Robert Drurie, Knight [Drury] Sir Anthonye Cope, Knight Sir Horatio Veere, Knight [Vere] Sir Edward Conwaie, Knight [Conway] Sir William Browne [Brown] Sir Maurice Barkeley, Knight [Berkeley] Sir Roberte Maunsell, Knight [Mansel] Sir Amias Presou, Knight [Preston] Sir Thomas Gates, Knight Sir Anthonie Ashley, Knight [Ashly] Sir Michaell Sandes, Knight [Sandys] Sir Henrie Carew, Knight [Carey] Sir Stephen Soame, Knight Sir Calisthenes Brooke, Knight Sir Edward Michelborne, Knight [Michelborn] Sir John Racliffe, Knight [Ratcliffe] Sir Charles Willmott, Knight [Wilmot] Sir George Moore, Knight [Moor] Sir Hugh Wirrall, Knight [Wirral] Sir Thomas Dennys, Knight [Dennis] Sir John Hollis, Knight [Holles] Sir William Godolphin, Knight Sir Thomas Monnson, Knight [Monson] Sir Thomas Ridgwaie, Knight [Ridgwine] Sir John Brooke, Knight Sir Roberte Killigrew, Knight Sir Henrie Peyton, Knight Sir Richard Williamson, Knight Sir Ferdinando Weynman, Knight Sir William St. John, Knight Sir Thomas Holcrofte, Knight [Holcroft] Sir John Mallory, Knight Sir Roger Ashton, Knight Sir Walter Cope, Knight Sir Richard Wigmore, Knight Sir William Cooke, Knight [Coke] Sir Herberte Crofte, Knight Sir Henrie Faushawe, Knight [Fanshaw] Sir John Smith, Knight Sir Francis Wolley, Knight Sir Edward Waterhouse, Knight Sir Henrie Sekeford, Knight [Seekford] Sir Edward Saudes, Knights [Edwin Sandys] Sir Thomas Wayneman, Knight [Waynam] Sir John Trevor, Knight Sir Warrwick Heale, Knight [Heele] Sir Robert Wroth, Knight Sir John Townnesende, Knight [Townsend] Sir Christopher Perkins, Knight Sir Daniell Dun, Knight Sir Henrie Hobarte, Knight [Hobart] Sir Franncis Bacon, Knight Sir Henrie Mountague, Knight [Montague] Sir Georg Coppin, Knight Sir Samuell Sandes, Knight [Sandys] Sir Thomas Roe, Knight Sir George Somers, Knight Sir Thomas Freake, Knight Sir Thomas Horwell, Knight [Harwell] Sir Charles Kelke, Knight Sir Baptist Hucks, Knight [Hicks] Sir John Watts, Knight Sir Roberte Carey, Knight Sir William Romney, Knight Sir Thomas Middleton, Knight Sir Hatton Cheeke, Knight Sir John Ogle, Knighte Sir Cavallero Meycot, Knight Sir Stephen Riddlesden, Knight [Riddleson] Sir Thomas Bludder, Knight Sir Anthonie Aucher, Knight Sir Robert Johnson, Knight Sir Thomas Panton, Knight Sir Charles Morgan, Knight Sir Stephen Powle, Knight [Pole] Sir John Burlacie, Knight Sir Christofer Cleane, Knight [Cleave] Sir George Hayward, Knight Sir Thomas Dane, Knight [Davis] Sir Thomas Dutton, Knight [Sutton] Sir Anthonie Forrest, Knight [Forest] Sir Robert Payne, Knight Sir John Digby, Knight Sir Dudley Diggs, Knight [Digges] Sir Rowland Cotton, Knight Doctour Mathewe Rutcliffe [Sutcliffel Doctor Meddowes [Meadows] Doctor Tumer Doctor Poe Captaine Pagnam Captaine Jeffrey Holcrofte Captaine Raunne [Romney] Captaine Henrie Spry Captaine Shelpton [Shelton] Captaine Spark [Sparks] [Captain] Thomas Wyatt [Wyat] Captaine Brinsley Captaine William Courtney Captaine Herbert Captaine Clarke Captaine Dewhurst Captaine John Blundell Captaine Frier [Fryer] Captaine Lewis Orwell Captaine Edward Lloyd [Loyd] Captaine Slingesby Captaine Huntley [Hawley] Captaine Orme Captaine Woodhouse Captaine Mason Captaine Thomas Holcroft Captaine John Cooke [Coke] Captaine Hollis [Holles] Captaine William Proude Captaine Henrie Woodhouse Captaine Richard Lindeley [Lindesey] Captaine Dexter Captaine William Winter Captaine Herle [Pearsel Captain John Bingham Captaine Burray Captaine Thomas Conwey [Conway] Captaine Rookwood Captaine William Lovelace Captaine John Ashley Captaine Thomas Wynne Captaine Thomas Mewtis Captaine Edward Harwood Captaine Michaell Evered [Everard] Captaine Connoth [Comock] Captaine Miles [Mills] Captaine Pigott [Pigot] Captaine Edward Maria Wingfeild [Wingfield] Captaine ChristopherNewporte [Newport] Captaine John Siclemore, alias Ratcliffe [Sicklemore] Captaine John Smith Captyn John Martyn [Martin] Captaine Peter Wynne Captaine Waldoe [Waldo] Captyn Thomas Wood Captaine Thomas Button George Bolls, Esquire, Sheriffe of London William Crashawe, [Clerk], Bachelor of Divinite William Seabright, Esquire Christopher Brook, Esquire John Bingley, Esquire Thomas Watson, Esquire Richard Percivall, Esquire [Percival] John Moore, Esquire Hugh Brooker, Esquire David Waterhouse, Esquire [Woodhouse] Anthonie Auther, Esquier [Aucher] Roberte Bowyer, Esquire [Boyer] Raphe Ewens, Esquire Zacharie Jones, Esquire George Calvert, Esquire William Dobson, Esquire Henry Reynold, Esquire [Reynolds] Thomas Walker, Esquire Anthonie Barnars, Esquire Thomas Sandes, Esquire [Sandys] Henrie Sand, Esquire [Sandys] Richard Sand [Sandys], Sonne of Sir Edwin Sandes [Sandys] William Oxenbridge, Esquire John Moore, Esquire Thomas Wilson, Esquire John Bullocke, Esquire [Bullock] John Waller, [Esquire] Thomas Webb Jehughe Robinson William Brewster Robert Evelyn Henrie Dabenie [Danby] Richard Hacklewte, minister [Hackluit] John Eldred, marchaunt [Eldrid] William Russell, marchaunt John Merrick, marchaunt Richard Bannester, merchant [Banister] Charles Anthonie, goldsmithe [Anthony] John Banck [Banks] William Evans Richard Humble Robert Chamberleyne, marchaunt [Richard Chamberlayne] Thomas Barber, marchaunt Richard Pevyrell, merchaunt [Pomet] John Fletcher, merchant Thomas Nicholls, merchant John Stoak, merchaunt [Stoke] Gabriell Archer Franncis Covell [Covel] William Bouham [Bonham] Edward Harrison John Wolstenholme Nicholas Salter Hugh Evans William Barners [Barnes] Otho Mawdett [Mawdet] Richard Staper, marchant John Elkin, marchaunt William Cayse [Coyse] Thomas Perkin, cooper Humfrey Ramell, cooper [Humphrey James] Henry Jackson Roberte Shingleton [Singleton] Christopher Nicholls John Harper Abraham Chamberlaine [Chamberlayne] Thomas Shipton Thomas Carpenter Anthoine Crewe [Crew] George Holman Robert Hill Cleophas Smithe [Smith] Raphe Harrison John Farmer James Brearley William Crosley [Crosby] Richard Cocks [Cox] John Gearinge [Gearing] Richard Strough, iremonnger [Strongarm] Thomas Langton Griffith Hinton Richard Ironside Richard Deane [Dean] Richard Turner William Leveson, mercer [Lawson] James Chatfeilde [Chatfield] Edward Allen [Edward Allen Tedder] Tedder Roberts Heldebrand Sprinson [Robert Hildebrand Sprinson] Arthur Mouse John Gardener [Gardiner] James Russell [Russel] Richard Casewell [Caswell] Richard Evanns [Evans] John Hawkins Richard Kerrill [Kerril] Richard Brooke Mathewe Scrivener, gentleman [Screvener] William Stallendge, gentleman [Stallenge] Arthure Venn, gentleman Saund Webb, gentleman [Sandys Webbe] Michaell Phettiplace, gentleman William Phetiplace, gentleman [Phettiplace] Ambrose Brusey, gentleman [Prusey] John Taverner, gentleman George Pretty, gentleman Peter Latham, gentleman Thomas Monnford, gentleman [Montford] William Cautrell, gentleman [Cantrel] Richard Wiffine, gentleman [Wilfin] Raphe Mooreton, gentleman [Moreton] John Cornellis [Comelius] Martyn Freeman Raphe Freeman Andreau Moore Thomas White Edward Perkin Robert Osey Thomas Whitley George Pitt [Pit] Roberte Parkehurste [Parkhurst] Thomas Morris Peter Vaulore [Harloe] Jeffrey Duppa John Gilbert William Hancock Mathew Bromrigg [Brown] Francis Tirrell [Tyrrel] Randall Carter Othowell Smithe [Smith] Thomas Honnyman [Hamond] Marten Bonde, haberdasher [Bond] Joan Mousloe [John Moulsoe] Roberte Johnson William Younge [Young] John Woddall [Woodal] William Felgate Humfrey Westwood Richard Champion Henrie Robinson Franncis Mapes William Sambatch [Sambach] Rauley Crashawe [Ralegh Crashaw] DaruelLliacker Thomas Grave Hugh Willestone Thomas Culpepper, of Wigsell, Esquire John Culpepper, gentleman Henrie Lee Josias Kirton, gentleman [Kerton] John Porie, gentleman [Pory] Henrie Collins George Burton William Atkinson Thomas Forrest [Forest] John Russell [Russel] John Houlte [Holt] Harman Harrison Gabriell Beedell [Beedel] John Beedell [Beedel] Henrie Dankes [Dawkes] George Scott [Scot] Edward Fleetewood, gentleman [Fleetwood] Richard Rogers, gentleman Arthure Robinson Robert Robinson John Huntley John Grey [Gray] William Payne William Feilde [Field] William Wattey William Webster John Dingley Thomas Draper Richard Glanvile [Glanvil] Arnolde Lulls [Hulls] Henrie Rowe [Roe] William Moore [More] Nicholas Grice [Gryce] James Monnger [Monger] Nicholas Andrewes [Andrews] Jerome Haydon, iremonnger [Jeremy Haydon] Phillipp Durrant [Philip Durette] John Quales [Quarles] John West Madlew Springeham [Springham] John Johnson Christopher Hore George Barkeley Thomas Sued [Snead] George Barkeley [Berkeley] Ardhure Pett [Pet] Thomas Careles William Barkley [Berkley] Thomas Johnson Alexander Bent [Bents] Captaine William Kinge [King] George Sandes, gentleman [Sandys] James White, gentleman Edmond Wynn [Wynne] Charles Towler Richard Reynold Edward Webb Richard Maplesden Thomas Levers [Lever] David Bourne Thomas Wood Raphe Hamer Edward Barnes, mercer John Wright, mercer Robert Middleton Edward Litsfeild [Littlefield] Katherine West Thomas Webb [Web] Raphe Kinge [King] Roberte Coppine [Coppin] James Askewe Christopher Nicholls [Christopher Holt] William Bardwell Alexander Childe [Chiles] Lewes Tate Edward Ditchfeilde [Ditchfield] James Swifte Richard Widdowes, goldesmith Edmonde Brundells [Brudenell] John Hanford [Hansford] Edward Wooller William Palmer, haberdasher John \JBadger\j John Hodgson Peter Monnsill [Mounsel] Jahn Carrill [Carril] John Busbridge [Bushridge] William Dunn [Dun] Thomas Johnson Nicholas Benson Thomas Shipton Nathaniell Wade Randoll Wettwood [Wetwood] Mathew Dequester Charles Hawkins Hugh Hamersley Abraham Cartwright George Bennett [Bennet] William Cattor [Cater] Richard Goddart Henrie Cromwell Phinees Pett [Pet] Roberte Cooper Henrie Neite [Newce] Edward Wilks [Wilkes] Roberte Bateman Nicholas Farrar John Newhouse John Cason Thomas Harris, gentleman George Etheridge, gentleman Thomas Mayle, gentleman Richard Stratford [Stafford] Thomas Richard Cooper John Westrowe [Westrow] Edward Welshe [Welch] Thomas Brittanie [Britain] Thomas Knowls [Knowles] Octavian Thome Edmonde Smyth [Smith] John March Edward Carew Thomas Pleydall Richard Lea [Let] Miles Palmer Henrie Price John Josua, gentleman [Joshua] William Clawday [Clauday] Jerome Pearsye John Bree, gentleman William Hampson Christopher Pickford Thomas Hunt Thomas Truston Christopher Lanman [Salmon] John Haward, clerke [Howard] Richarde Partridge Allen Cotton [Cassen] Felix Wilson Thomas Colethurst [Bathurst] George Wilmer Andrew Wilmer Morrice Lewellin Thomas Jedwin [Godwin] Peter Burgoyne Thomas Burgoyne Roberte Burgoyne Roberte Smithe, merchauntaylor [Smith] Edward Cage, grocer Thomas Canon, gentleman [Cannon] William Welby, stacioner Clement Wilmer, gentleman John Clapham, gentleman Giles Fraunces, gentleman [Francis] George Walker, sadler John Swinehowe, stacioner [Swinhow] Edward Bushoppe, stacioner [Bishop] Leonard White, gentleman Christopher Barron [Baron] Peter Benson Richard Smyth [Smith] George Prockter, minister [Proctor] Millicent Ramesden, widowe [Ramsdent] Joseph Soane Thomas Hinshawe [Hinshaw] John Baker Robert Thorneton [Thomton] John Davies [Davis] Edward Facett [Facetl George Nuce, gentleman [Newce] John Robinson Captaine Thomas Wood William Browne, shoemaker [Brown] Roberte Barker, shoemaker Roberte Penington [Pennington] Francis Burley, minister William Quick, grocer Edward Lewes, grocer [Lewis] Laurence Campe, draper Aden Perkins, grocer Richard Shepparde, preacher [Shepherd] William Sheckley, haberdasher [Sherley] William Tayler, haberdasher [Taylor] Edward Lukyn, gentleman [Edwin Lukin] John Francklyn, haberdasher [Franklyn] John Southicke [Southwick] Peter Peate George Johan, iremonnger George Yardley, gentleman [Yeardley] Henrie Shelly [Shelley] John Pratt [Prat] Thomas Church, draper William Powell, gentleman [Powel] Richard Frithe, gentleman [Frith] Thomas Wheeler, draper Franncis Hasilerigg, gentleman [Haselrig] Hughe Shippley, gentleman [Shipley] John Andrewes, thelder, [doctor], of Cambridge [Andrews] Franncis Whistley, gentleman [Whistler] John Vassall, gentleman Richard Howle Edward Barkeley, gentleman [Berkeley] Richard Knerisborough, gentleman [Keneridgburg] Nicholas Exton, draper William Bennett, fishmonger [Bennet] James Hawood, marchaunt [Haywood] Nicholas Isaak, merchaunt [Isaac] William Gibbs, merchannt [William] Bushopp [Bishop] Barnard Michell [Mitchel] Isaake Michell [Isaac Mitchel] John Streat [Streate] Edward Gall John Marten, gentleman [Martin] Thomas Fox Luke Lodge John Woodleefe, gentleman [Woodliffel Rice Webb [Piichard] Vincent Lowe [Low] Samuell Burnam [Burnham] Edmonde Pears, haberdasher Josua Goudge [John Googe] John St. John Edwarde Vaughan William Dunn Thomas Alcock [Alcocke] John Andrewes, the younger, of Cambridge [Andrews] Samuell Smithe [Smith] Thomas Jerrard [Gerrard] Thomas Whittingham William Cannynge [Canning] Paule Caminge [Canning] George Chaudler [Chandler] Henrye Vincent Thomas Ketley James Skelton James Montain [Mountaine] George Webb, gentleman Josephe Newbroughesmith [Joseph Newbridge, smith] Josias Mande [Mand] Raphe Haman, the younger [Hamer] Edward Brewster, the sonne of William Brewster Leonard Harwood, mercer Phillipp Druerdent William Carpenter Tristram Hill Roberte Cock, grocer Laurence Grene, grocer [Greene] Daniell Winche, grocer [Samuel Winch] Humfrey Stile, grocer Averie Dransfeild, grocer [Dransfield] Edwarde Hodges, grocer Edward Beale, grocer Raphe Busby, grocer John Whittingham, grocer John Hide, grocer Mathew Shipperd, grocer [Shepherd] Thomas Allen, grocer Richard Hooker, grocer Laurence Munckas, grocer [Munks] John Tanner, grocer Peter Gate, grocer John Blunt, grocer Roberte Berrisford, grocer Thomas Wells, gentleman John Ellis, grocer Henrie Colthurst, grocer John Cranage, grocer [Cavady] Thomas Jenings, grocer [Jennings] Edmond Peshall, grocer [Pashall] Timothie Bathurst, grocer Gyles Parslowe, grocer [Parslow] Roberte Johnson, grocer [Richard] William Janson, vintener [Johnson] Ezechiell Smith Richard Murrettone [Martin] William Sharpe Roberte Ritche [Rich] William Stannerd, inholder [Stannard] John Stocken William Strachey, gentleman George Farmer, gentleman Thomas Gypes, clothworker Abraham Dawes, gentleman [Davies] Thomas Brockett, gentleman [Brocket] George Bathe, fishmonger [Bache] John Dike, fishmonger Henrie Spranger Richard Farringdon [Farrington] Chistopher Vertue, vintener Thomas Baley, vintener [Bayley] George Robins, vintener Tobias Hinson, grocer Urian Spencer [Vrian] Clement Chachelley [Chicheley] John Searpe, gentleman [Scarpe] James Cambell, iremonnger [Campbell] Christopher Clitherowe, iremonnger [Clitheroe] Phillipp Jacobson Peter Jacobson, of Andwarpe William Barckley [Berkeley] Miles Banck, cutler [Banks] Peter Highley, grocer [Higgons] Henrie John, gentleman John Stoakley, merchauntailor [Stokeley] The companie of mercers The companie of grocers The companie of drapers The company of fishmongers The companie of gouldsmithes The companie of skynners The companie merchauntailors The companie of haberdashers The companie of salters The companie of iremongers The companie of vintners The companie of clothworkers The companie of dyers The companie of bruers The companie of lethersellers The companie of pewterers The companie of cutlers The companie of whitebakers The companie of waxchaundlers The companie of tallowe chaundlers The companie of armorers The companie of girdlers The companie of butchers The companie of sadlers The companie of carpenters The companie of cordwayners The companie of barbor chirurgions The companie of painter stayners The companie of curriers The companie of masons The companie of plumbers The companie of inholders The companie of founders The companie of poulterers The companie of cookes The companie of coopers The companie of tylers and bncklayers The companie of bowyers The companie of Retchers The companie of blacksmithes The companie of joyners The companie of weavers The companie of wollmen The companie of wood monnvers The companie of scrivenors The companie of fruterers The companie of plasterers The companie of brownebakers The companie of stacioners The companie of imbroderers The companie of upholsters The companie of musicions The companie of turners The companie of baskettmakers The companie of glasiers John Levett, merchaunt [Levet] Thomas Nomicott, clothworker [Nomicot] Richard Venn, haberdasher Thomas Scott, gentleman [Scot] Thomas Juxson, merchauntaylor [Juxon] George Hankinson Thomas Leeyer, gentleman [Seyer] Mathew Cooper Gorge Butler, gentleman Thomas Lawson, gentleman Edward Smith, haberdasher Stephen Sparrowe John Jones, merchaunt [John] Reynold, brewer [Reynolds] Thomas Plummer, merchaunt James Duppa, bruer Rowland Coytemore [Coitmore] William Sotherne [Southerne] Gorge Whittmoore, haberdasher [Whitmore] Anthonie Gosoulde, the younger [Gosnold] John Allen, fishemonger John Kettlebye, gentleman [Kettleby] Symonde Yeomans, fishmonger [Simon] Richard Chene, gouldsmithe Launcelot Davis, gentleman [Clene] John Hopkins, an alderman of Bristoll George Hooker, gentlernan Roberte Shevinge, yeoman [Chening]
\B\IFor more information click on \b\i\JSecond Virginia Charter (May 23, 1609), The (continued)\j
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"Second Virginia Charter (May 23, 1609), The (continued)",16,0,0,0
And to such and so manie as they doe or shall hereafter admitt to be joyned with them, in forme hereafter in theis presentes expressed, whether they goe in their persons to be planters there in the said plantacion, or whether they goe not, but doe adventure their monyes, goods or chattels, that they shalbe one bodie or communaltie perpetuall and shall have perpetual succession and one common seale to serve for the saide bodie or communaltie; and that they and their successors shalbe knowne, called and incorporated by the name of The Tresorer and Companie of Adventurers and Planters of the Citty of London for the Firste Collonie in Virginia.
And that they and their successors shalbe from hensforth, forever enabled to take, acquire and purchase, by the name aforesaid (licens for the same from us, oure heires or successors first had and obtained) anie manner of lands, tenements and hereditaments, goods and chattels, within oure realme of England and dominion of Wales; and that they and their successors shalbe likewise enabled, by the name aforesaid, to pleade and to be impleaded before anie of oure judges or justices, in anie oure courts, and in anie accions or suits whatsoever.
And wee doe also, of oure said speciall grace, certaine knowl- edge and mere mocion, give, grannte and confirme unto the said Tresorer and Companie, and their successors, under the reservacions, limittacions and declaracions hereafter expressed, all those lands, countries and territories scituat, lieinge and beinge in that place of America called Virginia, from the pointe of lande called Cape or Pointe Comfort all alonge the seacoste to the northward twoe hundred miles and from the said pointe of Cape Comfort all alonge the sea coast to the southward twoe hundred miles; and all that space and circuit of lande lieinge from the sea coaste of the precinct aforesaid upp unto the lande, throughoute, from sea to sea, west and northwest; and also all the island beinge within one hundred miles alonge the coaste of bothe seas of the precincte aforesaid; togeather with all the soiles, groundes, havens and portes, mynes, aswell royall mynes of golde and silver as other mineralls, pearles and precious stones, quarries, woods, rivers, waters, fishings, comodities, jurisdictions, royalties, priviledges, franchisies and preheminences within the said territorie and the precincts there of whatsoever; and thereto or there abouts, both by sea and lande, beinge or in anie sorte belonginge or appertayninge, and which wee by oure lettres patents maie or cann graunte; and in as ample manner and sorte as wee or anie oure noble progenitors have heretofore graunted to anie companie, bodie pollitique or corporate, or to anie adventurer or adventurers, undertaker or undertakers, of anie discoveries, plantacions or traffique of, in, or into anie forraine parts whatsoever; and in as large and ample manner as if the same were herin particulerly mentioned and expressed: to have, houlde, possesse and enjoye all and singuler the said landes, countries and territories with all and singuler other the premisses heretofore by theis [presents] graunted or mencioned to be grannted, to them, the said Tresorer and Companie, their successors and assignes, forever; to the sole and proper use of them, the said Tresorer and Companie, their successors and assignes [forever], to be holden of us, oure heires and successors, as of oure mannour of Estgreenewich, in free and common socage and not in capite; yeldinge and payinge, therefore, to us, oure heires and successors, the fifte parte onlie of all oare of gould and silver that from tvme to time, and at all times hereafter, shalbe there gotton, had and obtained, for all manner of service.
And, nevertheles, oure will and pleasure is, and wee doe by theis presentes chardge, commannde, warrant and auctorize, that the said Tresorer and Companie and their successors, or the major parte of them which shall be present and assembled for that purpose, shall from time to time under their common seale distribute, convey, assigne and set over such particuler porcions of lands, tenements and hereditaments, by theise presents formerly grannted, unto such oure lovinge subjects naturallie borne of denizens, or others, aswell adventurers as planters, as by the said Companie, upon a commission of survey and distribucion executed and retourned for that purpose, shalbe named, appointed and allowed, wherein oure will and pleasure is, that respect be had as well of the proporcion of the adventure[r] as to the speciall service, hazarde, exploite or meritt of anie person so as to be recompenced, advannced or rewarded.
And for as muche as the good and prosperous successe of the said plantacion cannot but cheiflie depende, next under the blessinge of God and the supporte of oure royall aucthoritie, upon the provident and good direccion of the whole enterprise by a carefull and understandinge Counsell, and that it is not convenient that all the adventurers shalbe so often drawne to meete and assemble as shalbe requisite for them to have metings and conference aboute theire affaires, therefore we doe ordaine, establishe and confirme that there shalbe perpetually one Counsell here resident, accordinge to the tenor of oure former lettres patents, which Counsell shall have a seale for the better governement and administracion of the said plantacion besides the legall seale of the Companie or Corporacion, as in oure former lettres patents is also expressed.
\B\IFor more information click on \b\i\JSecond Virginia Charter (May 23, 1609), The (continued 2)\j
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"Second Virginia Charter (May 23, 1609), The (continued 2)",17,0,0,0
And further wee establishe and ordaine that Henrie, Earl of \JSouthampton\j William, Earl of Pembrooke Henrie, Earl of Lincoln Thomas, Earl of Exeter Roberte, Lord Viscounte Lisle Lord Theophilus Howard James, Lord Bishopp of Bathe and Wells Edward, Lord Zouche Thomas, Lord Laware William, Lord Mounteagle Edmunde, Lord Sheffeilde Grey, Lord Shanndoys [Chandois] John, Lord Stanhope George, Lord Carew Sir Humfrey Welde, Lord Mayor of London Sir Edward Cecil Sir William Waad [Wade] Sir Henrie Nevill Sir Thomas Smith Sir Oliver Cromwell Sir Peter Manwood Sir Thomas Challoner Sir Henrie Hovarte [Hobart] Sir Franncis Bacon Sir George Coppin Sir John Scott Sir Henrie Carey Sir Roberte Drurie [Drury] Sir Horatio Vere Sir Eward Conwaye [Conway] Sir Maurice Berkeley [Barkeley] Sir Thomas Gates Sir Michaele Sands [Sandys] Sir Roberte Mansfeild [Mansel] Sir John Trevor Sir Amyas Preston Sir William Godolphin Sir Walter Cope Sir Robert Killigrewe Sir Henrie Faushawe [Fanshaw] Sir Edwyn Sandes [Sandys] Sir John Watts Sir Henrie Montague Sir William Romney Sir Thomas Roe Sir Baptiste Hicks Sir Richard Williamson Sir Stephen Powle [Poole] Sir Dudley Diggs Christopher Brooke, [Esq.] John Eldred, and John Wolstenholme shalbe oure Counsell for the said Companie of Adventurers and Planters in Virginia.
And the said Sir Thomas Smith wee ordaine to be Tresorer of the said Companie, which Tresorer shall have aucthoritie to give order for the warninge of the Counsell and sommoninge the Companie to their courts and meetings.
And the said Counsell and Tresorer or anie of them shalbe from henceforth nominated, chosen, contynued, displaced, chaunged, altered and supplied, as death or other severall occasions shall require, out of the Companie of the said adventurers by the voice of the greater parte of the said Counsell and adventurers in their assemblie for that purpose; provided alwaies that everie Councellor so newlie elected shalbe presented to the Lord Channcellor of England, or to the Lord Highe Treasurer of England, or the Lord Chambleyne of the housholde of us, oure heires and successors, for the tyme beinge to take his oathe of a Counsellor to us, oure heires and successors, for the said Companie and Collonie in Virginia.
And wee doe by theis presents, of oure especiall grace, certaine knowledge and meere motion, for us, oure heires and successors, grannte unto the said Tresorer and Companie and their successors, that if it happen at anie time or times the Tresorer for the tyme beinge to be sick, or to have anie such cause of absente from the cittie of London as shalbe allowed by the said Counsell or the greater parte of them assembled, so as he cannot attende the affaires of that Companie, in everie such case it shall and maie be lawfull for such Tresorer for the tyme beinge to assigne, constitute and appointe one of the Counsell for Companie to be likewise allowed by the Counsell or the greater parte of them assembled to be the deputie Tresorer for the said Companie; which Deputie shall have power to doe and execute all things which belonge to the said Tresorer duringe such tyme as such Tresorer shalbe sick or otherwise absent, upon cause allowed of by the said Counsell or the major parte of them as aforesaid, so fullie and wholie and in as large and ample manner and forme and to all intents and purposes as the said Tresorer if he were present himselfe maie or might doe and execute the same.
And further of oure especiall grace, certaine knowledge and meere mocion, for us, oure heires and successors, wee doe by theis presents give and grannt full power and aucthoritie to oure said Counsell here resident aswell at this present tyme as hereafter, from time to time, to nominate, make, constitute, ordaine and confirme by such name or names, stile or stiles as to them shall seeme good, and likewise to revoke, dischardge, channge and alter aswell all and singuler governors, oficers and ministers which alreadie hath ben made, as also which hereafter shalbe by them thought fitt and meedefull to be made or used for the government of the said Colonie and plantacion.
And also to make, ordaine and establishe all manner of orders, lawes, directions, instructions, formes and ceremonies of government and magistracie, fitt and necessarie, for and concerninge the government of the said Colonie and plantacion; and the same att all tymes hereafter to abrogate, revoke or chaunge, not onely within the precincts of the said Colonie but also upon the seas in goeing and cominge to and from the said Collonie, as they in their good discrecions shall thinke to be fittest for [the] good of the adventurers and inhabiters there.
And we doe also declare that for divers reasons and consideracions us thereunto especiallie moving, oure will and pleasure is and wee doe hereby ordaine that imediatlie from and after such time as anie such governour or principall officer so to be nominated and appointed by oure said Counsell for the governement of the said Colonie, as aforesaid, shall arive in Virginia and give notice unto the Collonie there resident of oure pleasure in this behalfe, the government, power and aucthority of the President and Counsell, heretofore by oure former lettres patents there established, and all lawes and constitucions by them formerlie made, shall utterly cease and be determined; and all officers, governours and ministers formerly constituted or appointed shalbe dischardged, anie thinge in oure said former lettres patents conserninge the said plantacion contayned in aniewise to the contrarie notwithstandinge; streightlie chardginge and commaundinge the President and Counsell nowe resident in the said Collonie upon their alleadgiance after knowledge given unto them of oure will and pleasure by theis presentes signified and declared, that they forth with be obedient to such governor or governers as by oure said Counsell here resident shalbe named and appointed as aforesaid; and to all direccions, orders and commandements which they shall receive from them, aswell in the present resigninge and giveinge upp of their aucthoritie, offices, chardg and places, as in all other attendannce as shalbe by them from time to time required.
And wee doe further by theis presentes ordaine and establishe that the said Tresorer and Counsell here resident, and their successors or anie fower of them assembled (the Tresorer beinge one), shall from time to time have full power and aucthoritie to admitt and receive anie other person into their companie, corporacion and freedome; and further, in a generall assemblie of the adventurers, with the consent of the greater parte upon good cause, to disfranchise and putt oute anie person or persons oute of the said fredome and Companie.
And wee doe also grannt and confirme for us, oure heires and successors that it shalbe lawfull for the said Tresorer and Companie and their successors, by direccion of the Governors there, to digg and to serche for all manner of mynes of goulde, silver, copper, iron, leade, tinne and other mineralls aswell within the precincts aforesaid as within anie parte of the maine lande not formerly graunted to anie other; and to have and enjoye the gould, silver, copper, iron, leade, and tinn, and all other mineralls to be gotten thereby, to the use and behoofe of the said Companie of Planters and Adventurers, yeldinge therefore and payinge yerelie unto us, oure heires and successors, as aforesaid.
And wee doe further of oure speciall grace, certaine knowledge and meere motion, for us, oure heires and successors, grannt, by theis presents to and withe the said Tresorer and Companie and their successors, that it shalbe lawfull and free for them and their assignes at all and everie time and times here after, oute of oure realme of England and oute of all other [our] dominions, to take and leade into the said voyage, and for and towards the said plantacion, and to travell thitherwards and to abide and inhabite therein the said Colonie and plantacion, all such and so manie of oure lovinge subjects, or anie other straungers that wilbecomme oure lovinge subjects and live under oure allegiance, as shall willinglie accompanie them in the said voyadge and plantation with sufficient shippinge armour, weapons, ordinannce, municion, powder, shott, victualls, and such merchaundize or wares as are esteemed by the wilde people in those parts, clothinge, implements, furnitures, catle, horses and mares, and all other thinges necessarie for the said plantation and for their use and defence and trade with the people there, and in passinge and retourninge to and from without yeldinge or payinge subsedie, custome, imposicion, or anie other taxe or duties to us, oure heires or successors, for the space of seaven yeares from the date of theis presents; provided, that none of the said persons be such as shalbe hereafter by speciall name restrained by us, oure heires or successors.
And for their further encouragement, of oure speciall grace and favour, wee doe by theis present for us, oure heires and successors, yeild and graunte to and with the said Tresorer and Companie and their successors and everie of them, their factors and assignes, that they and every of them shalbe free and quiett of all subsedies and customes in Virginia for the space of one and twentie yeres, and from all taxes and imposicions for ever, upon anie goods or merchaundizes at anie time or times hereafter, either upon importation thither or exportation from thence into oure realme of England or into anie other of oure [realms or] dominions, by the said Tresorer and Companie and their successors, their deputies, factors [or] assignes or anie of them, except onlie the five pound per centum due for custome upon all such good and merchanndizes as shalbe brought or imported into oure realme of England or anie other of theis oure dominions accordinge to the auncient trade of merchannts, which five poundes per centum onely beinge paid, it shalbe thensforth lawfull and free for the said Adventurers the same goods [and] merchaundizes to export and carrie oute of oure said dominions into forraine partes without anie custome, taxe or other duty tO be paide to us oure heires or successors or to anie other oure officers or deputies; provided, that the saide goods and merchaundizes be shipped out within thirteene monethes after their first landinge within anie parte of those dominions.
And wee doe also confirme and grannt to the said Tresorer and Companie, and their successors, as also to all and everie such governer or other officers and ministers as by oure said Counsell shalbe appointed, to have power and aucthoritie of governement and commannd in or over the said Colonie or plantacion; that they and everie of them shall and lawfullie maie from tyme to tyme and at all tymes forever hereafter, for their severall defence and safetie, enconnter, expulse, repell and resist by force and armes, aswell by sea as by land, and all waies and meanes whatsoever, all and everie such person and persons whatsoever as without the speciall licens of the said Tresorer and Companie and their successors shall attempte to inhabite within the said severall precincts and lymitts of the said Colonie and plantacion; and also, all and everie such person and persons whatsoever as shall enterprise, or attempte at anie time hereafter, destruccion, invasion, hurte, detriment or annoyannce to the said Collonye and plantacion, as is likewise specified in the said former grannte.
And that it shalbe lawful for the said Tresorer and Companie, and their successors and everie of them, from time to time and at all times hereafter, and they shall have full power and aucthoritie, to take and surprise by all waies and meanes whatsoever all and everie person and persons whatsoever, with their shippes, goods and other furniture, traffiquinge in anie harbor, creeke or place within the limitts or precincts of the said Colonie and plantacion, [not] being allowed by the said Companie to be adventurers or planters of the said Colonie, untill such time as they beinge of anie realmes or dominions under oure obedience shall paie or agree to paie, to the hands of the Tresorer or [of] some other officer deputed by the said governors in Virginia (over and above such subsedie and custome as the said Companie is or here after shalbe to paie) five poundes per centum upon all goods and merchaundizes soe brought in thither, and also five per centum upon all goods by them shipped oute from thence; and being straungers and not under oure obedience untill they have payed (over and above such subsedie and custome as the same Tresorer and Companie and their successors is or hereafter shalbe to paie) tenn pounds per centum upon all such goods, likewise carried in and oute, any thinge in the former lettres patents to the contrarie not withstandinge; and the same sommes of monie and benefitt as aforesaid for and duringe the space of one and twentie yeares shalbe wholie imploied to the benefitt and behoof of the said Colonie and plantacion; and after the saide one and twentie yeares ended, the same shalbe taken to the use of us, oure heires or successors, by such officer and minister as by us, oure heires or successors, shalbe thereunto assigned and appointed, as is specified in the said former lettres patents.
Also wee doe, for us, oure heires and successors, declare by theis presents, that all and everie the persons beinge oure subjects which shall goe and inhabit within the said Colonye and plantacion, and everie of their children and posteritie which shall happen to be borne within [any] the lymitts thereof, shall have [and] enjoye all liberties, franchesies and immunities of free denizens and naturall subjects within anie of oure other dominions to all intents and purposes as if they had bine abidinge and borne within this oure kingdome of England or in anie other of oure dominions.
And forasmuch as it shalbe necessarie for all such our lovinge subjects as shall inhabitt within the said precincts of Virginia aforesaid to determine to live togither in the feare and true woorshipp of Almightie God, Christian peace and civill quietnes, each with other, whereby everie one maie with more safety, pleasure and profitt enjoye that where unto they shall attaine with great paine and perill, wee, for us, oure heires and successors, are likewise pleased and contented and by theis presents doe give and graunte unto the said Tresorer and Companie and their successors and to such governors, officers and ministers as shalbe, by oure said Councell, constituted and appointed, accordinge to the natures and lymitts of their offices and places respectively, that they shall and maie from time to time for ever hereafter, within the said precincts of Virginia or in the waie by the seas thither and from thence, have full and absolute power and aucthority to correct, punishe, pardon, governe and rule all such the subjects of us, oure heires and successors as shall from time to time adventure themselves in anie voiadge thither or that shall at anie tyme hereafter inhabitt in the precincts and territorie of the said Colonie as aforesaid, accordinge to such order, ordinaunces, constitution, directions and instruccions as by oure said Counsell, as aforesaid, shalbe established; and in defect thereof, in case of necessitie according to the good discretions of the said governours and officers respectively, aswell in cases capitall and criminall as civill, both marine and other, so alwaies as the said statuts, ordinannces and proceedinges as neere as convenientlie maie be, be agreable to the lawes, statutes, government and pollicie of this oure realme of England.
And we doe further of oure speciall grace, certeine knowledge and mere mocion, grant, declare and ordaine that such principall governour as from time to time shall dulie and lawfullie be aucthorised and appointed, in manner and forme in theis presents heretofore expressed, shall [have] full power and aucthoritie to use and exercise marshall lawe in cases of rebellion or mutiny in as large and ample manner as oure leiutenant in oure counties within oure realme of England have or ought to have by force of their comissions of lieutenancy.
And furthermore, if anie person or persons, adventurers or planters, of the said Colonie, or anie other at anie time or times hereafter, shall transporte anie monyes, goods or marchaundizes oute of anie [of] oure kingdomes with a pretence or purpose to lande, sell or otherwise dispose the same within the lymitts and bounds of the said Collonie, and yet nevertheles beinge at sea or after he hath landed within anie part of the said Colonie shall carrie the same into anie other forraine Countrie, with a purpose there to sell and dispose there of that, then all the goods and chattels of the said person or persons so offendinge and transported, together with the shipp or vessell wherein such transportacion was made, shalbe forfeited to us, oure heires and successors.
And further, oure will and pleasure is, that in all questions and doubts that shall arrise upon anie difficultie of construccion or interpretacion of anie thinge contained either in this or in oure said former lettres patents, the same shalbe taken and interpreted in most ample and beneficiall manner for the said Tresorer and Companie and their successors and everie member there of.
And further, wee doe by theis presents ratifie and confirme unto the said Tresorer and Companie and their successors all privuleges, franchesies, liberties and immunties graunted in oure said former lettres patents and not in theis oure lettres patents revoked, altered, channged or abridged.
And finallie, oure will and pleasure is and wee doe further hereby for us, oure heires and successors grannte and agree, to and with the said Tresorer and Companie and their successors, that all and singuler person and persons which shall at anie time or times hereafter adventure anie somme or sommes of money in and towards the said plantacion of the said Colonie in Virginia and shalbe admitted by the said Counsell and Companie as adventurers of the said Colonie, in forme aforesaid, and shalbe enrolled in the booke or record of the adventurers of the said Companye, shall and maie be accompted, accepted, taken, helde and reputed Adventurers of the said Collonie and shall and maie enjoye all and singuler grannts, priviledges, liberties, benefitts, profitts, commodities [and immunities], advantages and emoluments whatsoever as fullie, largely, amplie and absolutely as if they and everie of them had ben precisely, plainely, singulerly and distinctly named and inserted in theis oure lettres patents.
And lastely, because the principall effect which wee cann desier or expect of this action is the conversion and reduccion of the people in those partes unto the true worshipp of God and Christian religion, in which respect wee would be lothe that anie person should be permitted to passe that wee suspected to affect the superstitions of the Churche of \JRome\j, wee doe hereby declare that it is oure will and pleasure that none be permitted to passe in anie voiadge from time to time to be made into the saide countrie but such as firste shall have taken the oath of supremacie, for which purpose wee doe by theise presents give full power and aucthoritie to the Tresorer for the time beinge, and anie three of the Counsell, to tender and exhibite the said oath to all such persons as shall at anie time be sent and imploied in the said voiadge.
Although expresse mention [of the true yearly value or certainty of the premises, or any of them, or of any other gifts or grants, by us or any of our progenitors or predecessors, to the aforesaid Treasurer and Company heretofore made, in these presents is not made; or any act, statute, ordinance, provision, proclamation, or restraint, to the contrary hereof had, made, ordained, or provided, or any other thing, cause, or matter, whatsoever, in any wise notwithstanding.]
In witnes whereof [we have caused these our letters to be made patent. Witness ourself at Westminster, the 23d day of May (1609) in the seventh year of our reign of England, \JFrance\j, and Ireland, and of Scotland the ****]
Per ipsum Regem exactum.
Courtesy of \IUS Historical Documents Archive\i
#
"Third Virginia Charter (March 12, 1612), The",18,0,0,0
James, by the grace of God [King of England, Scotland, \JFrance\j and Ireland, Defender of the Faith;] to all to whom [these pres-ents shall come,] greeting.
Whereas at the humble suite of divers and sundry our lovinge subjects, aswell adventurers as planters of the First Colonie in Virginia, and for the propagacion of Christian religion and reclayminge of people barbarous to civilitie and humanitie, we have by our lettres patent bearing date at Westminster the three and twentieth daie of May in the seaventh yeare of our raigne of England, Frannce and Ireland, and the twoe and fortieth of Scotland, given and grannted unto them, that they and all suche and soe manie of our loving subjects as shold from time to time for ever after be joyned with them as planters or adventurers in the said plantacion, and their succes-sors for ever, shold be one body politique incorporated by the name of The Treasorer and Planters of the Cittie of London for the First Colonie in Virginia;
And whereas allsoe for the greater good and benefitt of the said Companie and for the better furnishing and establishing of the said plantacion we did further [give], grannte and con-firme by our said lettres patent unto the said Treasorer and Com-panie and their successors for ever, all those landes, contries and territories scituate, lyeing and being in that part of America called Virginia, from the point of land called Cape [or] Pointe Comfort all along the seacoste to the northward twoe hundred miles, and from the said point of Cape Comfort all along the seacoste to the sowthward twoe hundred miles, and all the space and circuit of land lying from the sea coste of the precinct afore-said up or into the land throughout from sea to sea, west and northwest, and allso all the islandes lying within one hundred miles along the coast of both the seas of the precinct aforsaid, with diverse other grannts, liberties, franchises, preheminences, privileges, profiitts, benefitts, and commodities, grannted in and by our said lettres patent to the said Tresorer and Companie, and their successors, for ever:
Now for asmuchas we are given to undestande that in these seas adjoyning to the said coast of Virginia and without the com- passe of those twoe hundred miles by us soe grannted unto the said Treasurer and Companie as aforesaid, and yet not farr dis- tant from the said Colony in Virginia, there are or may be divers islandes lying desolate and uninhabited, some of which are al- ready made knowne and discovered by the industry, travell, and expences of the said Company, and others allsoe are sup-posed to be and remaine as yet unknowen and undiscovered, all and every of which itt maie importe the said Colony both in safety and pollecy of trade to populate and plant, in regard where of, aswell for the preventing of perill as for the better comodity and prosperity of the said Colony, they have bin hum-ble suitors unto us that we wold be pleased to grannt unto them an inlardgement of our said former lettres patent, aswell for a more ample extent of their limitts and territories into the seas adjoyning to and uppon the coast of Virginia as allsoe for some other matters and articles concerning the better government of the said Company and Collony, in which point our said former lettres patents doe not extende soe farre as time and experience hath found to be needfull and convenient:
We, therefore, tendring the good and happy successe of the said plantacion both in respect of the generall weale of humane society as in respect of the good of our owne estate and kinge- domes, and being willing to give furtherannt untoall good meanes that may advannce the benefitt of the said Company and which maie secure the safety of our loving subjects, planted in our said Colony under the favour and proteccion of God Almighty and of our royall power and authority, have therefore of our especiall grace, certein knowledge and mere mocion, given, grannted and confirmed, and for us, our heires and successors we doe by theis presents, give, grannt and confirme unto the said Treasurer and Company of Adventurers and Planters of the said Citty of London for the First Colony in Virginia, and to their heires and successors for ever, all and singuler the said iselandes [whatsoever] scituat and being in anie part of the said ocean bordering upon the coast of our said First Colony in Vir-ginia and being within three hundred leagues of anie the partes hertofore grannted to the said Treasorer and Company in our said former lettres patents as aforesaid, and being within or be-tweene the one and fortie and thirty degrees of Northerly lati-tude, together with all and singuler [soils] landes, groundes, havens, ports, rivers, waters, fishinges, mines and mineralls, as-well royal mines of gold and silver as other mines and mineralls, perles, precious stones, quarries, and all and singuler other com- modities, jurisdiccions, royalties, priviledges, franchises and pre-heminences, both within the said tract of lande uppon the maine and allso within the said iselandes and seas adjoyning, whatso-ever, and thereunto or there abouts both by sea and land being or scituat; and which, by our lettres patents, we maie or cann grannt and in as ample manner and sort as we or anie our noble progenitors have heretofore grannted to anie person or persons or to anie Companie, bodie politique or corporate or to any ad-venturer or adventurers, undertaker or undertakers of anie dis-coveries, plantacions or traffique, of, in, or into anie foreigne parts whatsoever, and in as lardge and ample manner as if the same were herein particularly named, mencioned and expressed: pro-vided allwaies that the said iselandes or anie the premisses herein mencioned and by theis presents intended and meant to be grannted be not already actually possessed or inhabited by anie other Christian prince or estate, nor be within the bounds, limitts or territories of the Northerne Colonie, hertofore by us grannted to be planted by divers of our loving subjects in the northpartes of Virginia.
To have and to hold, possesse and injoie all and singuler the said iselandes in the said ocean seas soe lying and bordering uppon the coast or coasts of the territories of the said First Colony in Virginia as aforesaid, with all and singuler the said soiles, landes and groundes and all and singular other the premisses heretofore by theis presents grannted, or mencioned to be grannted, to them, the said Treasurer and Companie of Adventurers and Planters of the Cittie of London for the First Colonie in Virginia, and to their heires, successors and assignes for ever, to the sole and proper use and behoofe of them, the said Treasurer and Companie and their heires, successores and as-signes for ever; to be holden of us, our heires and successors as of our mannor of Eastgreenwich, in free and common soccage and not in capite, yealding and paying therefore, to us, our heires and successors, the fifte part of the oare of all gold and silver which shalbe there gotten, had or obteined for all manner of services, whatsoever.
And further our will and pleasure is, and we doe by theis presents grannt and confirme for the good and welfare of the said plantacion, and that posterity maie hereafter knowe whoe have adventured and not bin sparing of their purses in such a noble and generous accion for the generall good of theire cuntrie, and at the request and with the consent of the Companie afore said, that our trusty and welbeloved subjects.
George, Lord Archbishopp of Canterbury
Gilbert, Earle of Shrewsberry
Mary, Countesse of Shrewes-
Elizabeth, Countesse of Derby
Margarett, Countesse of Com-berland
Henry, Earle of \JHuntingdon\j
Edward, Earle of Beddford
Lucy, Countesse of Bedford
Marie, Countesse of Pembroke
Richard, Earle of Clanrickard
Lady Elizabeth Graie
William, Lord Viscount Cram-bome
William, Lord Bishopp of Du-resme
Henry, Lord Bishopp of Wor-ceter
John, Lord Bishopp of Oxon-ford
William, Lord Pagett
Dudley, Lord North
Franncis, Lord Norries
William, Lord Knollis
John, Lord Harrington
Robert, Lord Spencer
Edward, Lord Denny
William, Lord Cavendishe
James, Lord Hay
Elianor, Lady Cave [Carre]
Maistres Elizabeth Scott, wid-dow
Edward Sackvill, Esquier
Sir Henry Nevill, of Aburga-venny, Knight
Sir Robert Riche, Knight
Sir John Harrington, Knight
Sir Raphe Wimwood, Knight
Sir John Graie, Knight
Sir Henry Riche, Knight
Sir Henry Wotton, Knight
Peregrine Berly, Esquier [Berty]
Sir Edward Phelipps, Knight, Maister of the Rolls
Sir Moile Finche, Knight
Sir Thomas Mansell, Knight
Sir John St. John, Knight
Sir Richard Spencer, Knight
Sir Franncis Barrington, Knight
Sir George Carie of Devonshire, Knight
Sir William Twisden, Knight
Sir John Leveson, Knight
Sir Thomas Walsingham, Knight
Sir Edward Care, Knight
Sir Arthure Manwaringe, Knight
Sir Thomas Jermyn, Knight
Sir Valentine Knightley, Knight
Sir John Dodderidge, Knight
Sir John Hungerford, Knight
Sir John Stradling, Knight
Sir John Bourchidd, Knight [Bourchier]
Sir John Bennett, Knight
Sir Samuel Leonard, Knight
Sir Franncis Goodwin, Knight
Sir Wareham St. Legier, Knight
Sir James Scudamore, Knight
Sir Thomas Mildmaie, Knight
Sir Percivall Harte, Knight
Sir Percivall Willoughby, Knight
Sir Franncis Leigh, Knight
Sir Henry Goodere, Knight
Sir John Cutt, Knight
Sir James Parrett, Knight
Sir William Craven, Knight
Sir John Sammes, Knight
Sir Carey Raleigh, Knight
Sir William Maynard, Knight
Sir Edmund Bowyer, Knight
Sir William Cornewallis, Knight
Sir Thomas Beomont, Knight
Sir Thomas Cunningsby, Knight
Sir Henry Beddingfeild, Knight
Sir David Murray, Knight
Sir William Poole, Knight
Sir William Throgmorton, Knight
Sir Thomas Grantham, Knight
Sir Thomas Stewkley, Knight
Sir Edward Heron, Knight
Sir Ralph Shelten, Knight
Sir Lewes Thesam, Knight
Sir Walter Aston, Knight
Sir Thomas Denton, Knight
Sir Ewstace Hart, Knight
Sir John Ogle, Knight
Sir Thomas Dale, Knight
Sir William Boulstrod, Knight
Sir William Fleetwood, Knight
Sir John Acland, Knight
Sir John Hanham, Knight
Sir Roberte Meller, Knight [Millor]
Sir Thomas Wilford, Knight
Sir William Lower, Knight
Sir Thomas Lerdes, Knight [Leedes]
Sir Franncis Barneham, Knight
Sir Walter Chate, Knight
Sir Thomas Tracy, Knight
Sir Marmaduke Darrell, Knight
Sir William Harrys, Knight
Sir Thomas Gerrand, Knight
Sir Peter Freetchvile, Knight
Sir Richard Trevor, Knight
Sir Amias Bamfeild
Sir William Smith of Essex, Knight
Sir Thomas Hewett, Knight
Sir Richard Smith, Knight
Sir John Heyward, Knight
Sir Christopher Harris, Knight
Sir John Pettus, Knight
Sir William Strode, Knight
Sir Thomas Harfleet, Knight
Sir Walter Vaughan, Knight
Sir William Herrick, Knight
Sir Samuell Saltonstall, Knight
Sir Richard Cooper, Knight
Sir Henry Fane, Knight
Sir Franncis Egiok, Knight
Sir Robert Edolph, Knight
Sir Arthure Harries, Knight
Sir George Huntley, Knight
Sir George Chute, Knight
Sir Robert Leigh, Knight
Sir Richard Lovelace, Knight
Sir William Lovelace, Knight
Sir Robert Yaxley, Knight
Sir Franncis Wortley, Knight
Sir Franncis Heiborne, Knight
Sir Guy Palme, Knight
Sir Richard Bingley, Knight
Sir Ambrose Turvill, Knight
Sir Nicholas Stoddard, Knight
Sir William Gree, Knight
Sir Walter Coverte, Knight
Sir Thomas Eversfeild, Knight
Sir Nicholas Parker, Knight
Sir Edward Culpeper, Knight
Sir William Ayliffe, Knight, and
Sir John Keile, Knight
Doctor George Mountaine, Dean of Westminster
Lawrence Bohan, Docktor in Phisick
Anthony Hinton, Doctor in Phisick
John Pawlett
Arthure Ingram
Anthony Irby
John Weld
John Walter
John Harris
Anthony Dyott
William Ravenscrofte
Thomas Warre
William Hackwill
Lawrence Hide
Nicholas Hide
Thomas Stevens
Franncis Tate
Thomas Coventry
John Hare
Robert Askwith
George Sanndys
Franncis Jones
Thomas Wentworth
Henry Cromewell
John Arundell
John Culpeper
John Hoskins
Walter Fitz Williams
Walter Kirkham
William Roscarrock
Richard Carmerdon
Edward Carne
Thomas Merry
Nicholas Lichfeild
John Middleton
John Smithe, and
Thomas Smith, the sonnes of Sir Thomas Smith
Peter Franke
George Gerrand
Gregory Sprynte
John Drake
Roger Puleston
Oliver Nicholas
Richard Nunnington [Monyngton]
John Vaughan
John Evelin
Lamorock Stradling
John Riddall
John Kettleby
Warren Townsend
Lionell Cranfeild
Edward Salter
William Litton
Humfrey May
George Thorpe
Henry Sandys, and
Edwin Sandys, the sonnes of Sir Edwin Sandys
Thomas Conway
Captaine Owen Gwinn
Captaine Giles Hawkridge
Edward Dyer
Richard Connock
Benjamin Brand
Richard Leigh, and
Thomas Pelham, Esquiers
Thomas Digges, and
John Digges, Esquiers, the sonnes of Sir Dudley Diggs,
Franncis Bradley
Richard Buckminster [Buck]
Franncis Burley
John Procter
Thomas Frake, thelder, and
Henry Freake, thelder, Minis-ters of God's word
The mayor and citizens of Chi-chester
The mayor and jurates of Dover
The bailiffs, burgesses and com-onalty of \JIpswich\j
The mayor and comunalty of Lyme Regis
The mayor and comonalty of Sandwich
The wardens, assistants and companie of the Trinity House
Thomas Martin
Franncis Smaleman
Augustine Steward
Richard Tomlins
Humfrey Jobson
John Legate
Robert Backley [Barkley]
John Crowe
Edward Backley [Barkley]
William Flett [Fleet]
Henry Wolstenholme
Edmund Alleyn
George Tucker
Franncis Glanville
Thomas Gouge
John Evelin
William Hall
John Smithe
George Samms
John Robinson
William Tucker
John Wolstenholme, and Henry Wolstenholme, sonnes of
John Wolstenholme, Esquier
William Hodges
Jonathan Mattall [Nuttall]
Phinees Pett
Captaine John Kinge
Captaine William Beck
Giles Alington
Franncis Heiton, and
Samuell Holliland, gentleman
Richard Chamberlaine
George Chamberlaine
Hewett Staper
Humfrey Handford
Raph Freeman
George Twinhoe [Swinhoe]
Richard Pigott
Elias Roberts
Roger Harris
Devereux Wogan
Edward Baber
William Greenewell
Thomas Stilles
Nicholas Hooker
Robert Garsett
Thomas Cordell
William Bright
John Reynold
Peter Bartley
John Willett
Humfry Smithe
Roger Dye
Nicholas Leate
Thomas Wale
Lewes Tate
Humfrey Merrett
Roberte Peake
Powell Isaackson
Sebastian Viccars
Jarvis Mundes
Richard Wamer
Gresham Hogan Warner
Daniell Deruley
Andrew Troughton
William Barrett
Thomas Hodges
John Downes
Richard Harper
Thomas Foxall
William Haselden
James Harrison
William Burrell
John Hodsall
Richard Fisborne
John Miller
Edward Cooke
Richard Hall, marchaunt
Richard Hall, ankersmith
John Delbridge
Richard Francklin
Edmund Scott
John Britten
Robert Stratt
Edmund Pond
Edward James
Robert Bell
Richard Herne
William Ferrers
William Millett
Anthony Abdy
Roberte Gore
Benjamin Decrow
Henry Tunbedey [Timberly]
Humfrey Basse
Abraham Speckart
Richard Moorer
William Compton
Richard Poulsoune [Pontsonne]
William Wolaston
John Desmont, clothier [Beomont]
Alexannder Childe
William Fald, fishmonger
Franncis Baldwin
John Jones, marchant
Thomas Plomer
Edward Plomer, marchants
John Stoickden
Robert Tindall
Peter Erundell
Ruben Bourne
Thomas Hampton, and
Franncis Carter, citizens of Lon-don,
\B\IFor more information click on \b\i\JThird Virginia Charter (March 12, 1612), The (continued)\j
#
"Third Virginia Charter (March 12, 1612), The (continued)",19,0,0,0
whoe since our said last lettres patent are become adventurers and have joined themselves with the former adventurers and planters of the said Companie and societie, shall from hence-forth be reputed, deemed and taken to be and shalbe brethren and free members of the Companie and shall and maie, respect-ively, and according to the proportion and value of their severall adventures, have, hold and enjoie all suche interest, right, title, priviledges, preheminences, liberties, franchises, immunities, profitts and commodities whatsoever in as lardge, ample and beneficiall manner to all intents, construccions and purposes as anie other adventures nominated and expressed in anie our former lettres patent, or anie of them have or maie have by force and vertue of theis presents, or anie our former lettres patent whatsoever.
And we are further pleased and we doe by theis presents grannt and confirm that
Phillipp, Earle of Montgomery
William, Lord Paget
Sir John Harrington, Knight
Sir William Cavendish, Knight
Sir John Sammes, Knight
Sir Samuell Sandys, Knight
Sir Thomas Freke, Knight
Sir William St. John, Knight
Sir Richard Grobham, Knight
Sir Thomas Dale, Knight
Sir Cavalliero Maycott, Knight
Richard Martin, Esquier
John Bingley, Esquier
Thomas Watson, Esquier, and
Arthure Ingram, Esquier,
whome the said Treasurer and Companie have, since the said [last] lettres patent, nominated and sett downe as worthy and discreete persons fitt to serve us as Counsellors, to be of our Counsell for the said plantacion, shalbe reputed, deemed and taken as persons of our said Councell for the said First Colonie in such manner and sort to all intents and purposes as those whoe have bin formerly ellected and nominated as our Coun-sellors for that Colonie and whose names have bin or are incerted and expressed in our said former lettres patent.
And we doe hereby ordaine and grannt by theis presents that the said Treasurer and Companie of Adventurers and Planters, aforesaid, shall and maie, once everie weeke or oftener at their pleasure, hold and keepe a court and assembly for the better ordening [ordering] and government of the said plantacion and such thinges as shall concerne the same; and that anie five per- sons of the said Counsell for the said First Collonie in Virginia, for the time being, of which Companie the Treasurer or his deputie allwaies to be one, and the nomber of fifteene others at the least of the generality of the said Companie assembled together in such court or assembly in such manner as is and hath bin heretofore used and accustomed, shalbe said, taken, held and reputed to be and shalbe a full and sufficient court of the said Companie for the handling, ordring and dispatching of all such casuall and particuler occurrences and accidentall mat-ters of lesse consequence and waight, as shall from time to time happen, touching and concerning the said plantacion.
And that, nevertheles, for the handling, ordring and disposing of matters and affaires of great waight and importance and such as shall or maie in anie sort concerne the weale publike and generall good of the said Companie and plantacion as namely, the manner of government from time to time to be used, the ordring and disposing of the said possessions and the setling and establish-ing of a trade there, or such like, there shalbe held and kept everie yeare uppon the last Wednesdaie save one of Hillary, Easter, Trinity and Michaelmas termes, for ever, one great, generall and solemne assembly, which fower severall assemblies shalbe stiled and called The Fower Great and Generall Courts of the Counsell and Companie of Adventurers for Virginia; in all and every of which said great and generall Courts soe assem-bled our will and pleasure is and we doe, for us, our heires and successors forever, give and grannt to the said Treasurer and Companie and their successors for ever by theis presents, that they, the said Treasurer and Companie or the greater nomber of them soe assembled, shall and maie have full power and authoritie from time to time and att all times hereafter to ellect and choose discreet persons to be of our [said] Counsell for the said First Colonie in Virginia and to nominate and appoint such officers as theie shall thinke fitt and requisit for the government, managing, ordring and dispatching of the affaires of the said Companie; and shall likewise have full power and authority to ordaine and make such lawes and ordinances for the good and wellfare of the said plantacion as to them from time to time shalbe thought requisite and meete: soe allwaies as the same be not contrary to the lawes and statutes of this our realme of England; and shall in like manner have power and authority to expulse, disfranchise and putt out of and from their said Companie and societie for ever all and everie such person and persons as having either promised or subscribed their names to become adventurers to the said plantacion of the said First Colonie in Virginia, or having bin nominated for adventurers in theis or anie our lettres patent or having bin otherwise admitted and nominated to be of the said Companie, have nevertheles either not putt in anie adventure [at] all for and towards the said plantacion or els have refused and neglected, or shall refuse and neglect, to bringe in his or their adventure by word or writing promised within sixe monthes after the same shalbe soe payable and due.
And wheras the failing and nonpaiment of such monies as have bin promised in adventure for the advanncement of the said plantacion hath bin often by experience found to be dann-gerous and prejudiciall to the same and much to have hindred the progresse and proceeding of the said plantacion; and for that itt seemeth to us a thing reasonable that such persons as by their handwriting have engaged themselves for the payment of their adventures, and afterwards neglecting their faith and promise, shold be compellable to make good and kepe the same; therefore our will and pleasure is that in anie suite or suites comenced or to be comenced in anie of our courts att Westminster, or els- where, by the said Treasurer and Companie or otherwise against anie such persons, that our judges for the time being both in our Court of Channcerie and at the common lawe doe favour and further the said suits soe farre forth as law and equitie will in anie wise suffer and permitt.
And we doe, for us, our heires and successors, further give and grannt to the said Tresorer and Companie, and their successors for ever, that theie, the said Tresorer and Companie or the greater part of them for the time being, so in a full and generall court assembled as aforesaid shall and maie, from time to time and att all times hereafter, for ever, ellect, choose and permitt into their Company and society anie person or persons, as well straungers and aliens borne in anie part beyond the seas where-soever, being in amity with us, as our naturall liedge subjects borne in anie our realmes and dominions; and that all such per-sons soe elected, chosen and admitted to be of the said Companie as aforesaid shall thereuppon be taken, reputed and held and shalbe free members of the said Companie and shall have, hold and enjoie all and singuler freedoms, liberties, franchises, privi-ledges, immunities, benefitts, profitts and commodities, whatso-ever, to the said Companie in anie sort belonging or apperteining as fully, freely [and] amplie as anie other adventurer or ad-venturers now being, or which hereafter att anie time shalbe, of the said Companie, hath, have, shall, maie, might or ought to have or enjoy the same to all intents and purposes whatsoever.
And we doe further of our speciall grace, certaine knowledge and mere mocion, for us, our heires and successors, give and grantt to the said Tresorer and Companie and their successors, for ever by theis present, that itt shalbe lawfull and free for them and their assignes att all and everie time and times here- after, out of anie our realmes and dominions whatsoever, to take, lead, carry and transport in and into the said voyage and for and towards the said plantacion of our said First Collonie in Virginia, all such and soe manie of our loving subjects or anie other straungers that will become our loving subjects and live under our allegiance as shall willingly accompanie them in the said voyage and plantacion; with shipping, armour, weapons, ordinannce, munition, powder, shott, victualls, and all manner of merchandizes and wares, and all manner of clothing, imple-ment, furniture, beasts, cattell, horses, mares, and all other thinges necessarie for the said plantacion and for their use and defence, and for trade with the people there and in passing and retourning to and froe, without paying or yealding anie subsedie, custome or imposicion, either inward or outward, or anie other dutie to us, our heires or successors, for the same, for the space of seven yeares from the date of theis present.
And we doe further, for us, our heires and successors, give and grannt to the said Treasurer and Companie and their suc-cessors for ever, by theis present, that the said Treasurer of the said Companie, or his deputie for the time being or anie twoe others of our said Counsell for the said First Colonie in Virginia for the time being, shall and maie attall times hereafter and from time to time, have full power and authoritie to minister and give the oath and oathes of supremacie and allegiannce, or either of them, to all and every person and persons which shall, at anie time and times hereafter, goe or passe to the said Colonie in Virginia:
And further, that itt shalbe likewise lawfull for the said Tresorer, or his deputy for the time, or anie twoe others of our said Counsell for the said First Colonie in Virginia, for the time being, from time to time and att all times hereafter, to minister such a formall oathe as by their discrescion shalbe reasonably devised, aswell unto anie person or persons imployed or to be imployed in, for, or touching the said plantacion for their honest, faithfull and just dischardge of their service in all such matters as shalbe committed unto them for the good and benefitt of the said Company, Colonie and plantacion; as alsoe unto such other person or persons as the said Treasurer or his deputie, with twoe others of the said Counsell, shall thinke meete for the examina-cion or clearing of the truith in anie cause whatsoever con-cerninge the said plantacion or anie business from thence proceeding or there unto proceeding or thereunto belonging.
And, furthermore, whereas we have ben certefied that diverse lewde and ill disposed persons, both sailors, souldiers, artificers, husbandmen, laborers, and others, having received wages, ap-parrell or other entertainment from the said Company or having contracted and agreed with the said Companie to goe, to serve, or to be imployed in the said plantacion of the said First Colonie in Virginia, have afterwards either withdrawen, hid or concealed themselves, or have refused to goe thither after they have bin soe entertained and agreed withall; and that divers and sundry persons allso which have bin sent and imployed in the said plantacion of the said First Colonie in Virginia at and upon the chardge of the said Companie, and having there misbehaved themselves by mutinies, sedition, and other notorious misdemeanors, or having bin employed or sent abroad by the governor of Virginia or his deputie with some ship or pinnace for provi-sions for the said Colonie, or for some discoverie or other buisines and affaires concerning the same, have from thence most trecherouslie either come back againe and retorned into our realme of England by stelth or without licence of our Gov-ernor of our said Colonie in Virginia for the time being, or have bin sent hither as misdoers and offenders; and that manie allsoe of those persons after their retourne from thence, having bin questioned by our said Counsell here for such their misbehaviors and offences, by their insolent and contemptuous carriage in the presence of our said Counsaile, have shewed little respect and reverence, either to the place or authoritie in which we have placed and appointed them; and others, for the colouring of their lewdnes and misdemeanors committed in Virginia, have endeavored them by most vile and slanndrous reports made and divulged, aswell of the cuntrie of Virginia as alsoe of the government and estate of the said plantacion and Colonie, as much as in them laie, to bring the said voyage and plantacion into disgrace and contempt; by meanes where of not only the adventures and planters alreadie ingaged in the said plantacion have bin exceedingly abused and hindred, and a greate nomber of other our loving and welldisposed subjects otherwise well affected and inclyning to joine and adventure insoe noble, Christian and worthie an action have bin discouraged from the same, but allsoe the utter overthrow and ruine of the said enterprise hath bin greatlie indanngered which cannott miscarrie without some dishonor to us and our kingdome;
Now, for asmuch as it appeareth unto us that theis insolences, misdemeanors and abuses, not to be tollerated in anie civill government, have for the most part growne and proceeded in-regard of our Counsaile have not anie direct power and authoritie by anie expresse wordes in our former lettres patent to correct and chastise such offenders, we therefore, for the more speedy reformacion of soe greate and enormous abuses and misdemeanors heretofore practised and committed, and for the preventing of the like hereafter, doe by theis present for us, our heires and successors, give and grannt to the said Treasurer and Companie, and their successors for ever, that itt shall and maie be lawfull for our said Councell for the said First Colonie in Virginia or anie twoe of them, whereof the said Tresorer or his deputie for the time being to be allwaies one by warrant under their handes to send for, or cause to be apprehended, all and every such person and persons who shalbe noted or accused or found, att anie time or times here after, to offend or misbehave themselves in anie the offences before mencioned and expressed; and uppon the examinacion of anie such offender or offendors and just proofe made by oath taken before the Counsaile of anie such notorious misdemeanors by them committed as aforesaid; and allsoe uppon anie insolent, contemptuous or unreverent carriage and misbehavior to or against our said Counsell shewed or used by anie such person or persons soe called, convented and apear-ing before them as aforesaid; that in all such cases theie, our said Counsell or anie twoe of them for the time being, shall and maie have full power and authoritie either here tO binde them over with good suerties for their good behaviour and further therein to proceed to all intents and purposes, as itt is used in other like cases within our realme of England; or ells att their discrescion to remannd and send back the said offenders or anie of them unto the said Colonie in Virginia, there to be proceeded against and punished as the Governor, deputie and Counsell there for the time being shall thinke meete; or other- wise, according to such lawes and ordinannces as are or shalbe in use there for the well ordring and good governement of the said Colonie.
And, for the more effectuall advanncing of the said plantacion, we doe further, for us, our heires and successors, of our especiall grace and favour, by vertue of our prorogative royall and by the assent and consent of the Lordes and others of our Privie Coun-salle, give and grannte unto the said Tresorer and Companie full power and authoritie, free leave, libertie and licence to sett forth, errect and publishe one or more lotterie or lotteries to have continuance and to [endure] and be held for the space of one whole yeare next after the opening of the same, and after the end and expiracion of the said terme the said lotterie or lotteries to continue and be further kept, during our will and pleasure onely and not otherwise.
And yet, nevertheles, we are contented and pleased, for the good and wellfare of the said plantacion, that the said Tresorer and Companie shall, for the dispatch and finishing of the said lotterie or lotteries, have six months warn-inge after the said yeare ended before our will and pleasure shall, for and on that behalfe, be construed, deemed and adjudged to be in anie wise altered and determined.
And our further will and pleasure is that the said lottery or lottaries shall and maie be opened and held within our cittie of London or in anie other cittie or citties, or ellswheare within this our realme of England, with such prises, articles, condicions and limitacions as to them, the said Tresorer and Companie, in their discreascions shall seeme convenient.
And that itt shall and may be lawfull to and for the said Tresorer and Companie to ellect and choose receivors, auditors, surveyors, comissioners, or anie other officers whatsoever, att their will and pleasure for the better marshalling and guiding and governing of the said lottarie or lottaryes; and that itt shalbe likewise lawfull to and for the said Tresorer and anie twoe of the said Counsell to minister unto all and everie such persons soe ellected and chosen for officers as aforesaid one or more oathes for their good behaviour, just and true dealing in and about the lottarie or lottaries to the intent and purpose that none of our loving subjects, putting in their monies or otherwise adventuring in the said generall lotterie or lottaries, maie be in anie wise defrauded and deceived of their said monies or evill and in-directlie dealt withall in their said adventures.
And we further grannt in manner and forme aforesaid, that itt shall and maie be lawfull to and for the said Treasurer and Companie, under the seale of our Counsell for the plantacion, to publishe or to cause and procure to be published by proclama-cion or otherwise, the said proclamacion to be made in their name by vertue of theise present, the said lottarie or lotteries in all citties, townes, boroughts, throughfaires and other places within our said realme of England; and we will and commande all mayors, justices of peace, sheriffs, bayliffs, constables and other our officers and loving subjects whatsoever, that in noe wise theie hinder or delaie the progresse and proceeding of the said lottarie or lottaries but be therein and, touching the premisses, aiding and assisting by all honest, good and lawfull meanes and endevours.
And further our will and pleasure is that in all questions and dobts that shall arise uppon anie difficultie of construccion or interpretacion of anie thing conteined in theis or anie other our former lettres patent the same shalbe taken and interpreted in most ample and beneficiall manner for the said Tresorer and Companie and their successors and everie member there of.
And lastly we doe by theis present retifie and confirme unto the said Treasorer and Companie, and their successors for ever, all and all manner of priviledges, franchises, liberties, immuni- ties, preheminences, profitts and commodities whatsoever grannted unto them in anie our [former] lettres patent and not in theis present revoked, altered, channged or abridged.
Although ex-presse mencion [of the true yearly value or certainty of the pre-mises, or any of them, or of any other gift or grant, by us or any of our progenitors or predecessors, to the aforesaid Tresurer and Company heretofore made, in these Presents is not made; or any statute, act, ordinance, provisions, proclamation, or restraint, to the contrary thereof heretofore made, ordained, or provided, or any other matter, cause, or thing, whatsoever, to the contrary, in any wise, notwithstanding.]
In witnes whereof [we have caused these our letters to be made patents.] Wittnes our selfe att Westminster, the twelveth daie of March [1612] [in the ninth year of our reign of England, \JFrance\j, and Ireland, and of Scotland the five and fortieth.]
Per breve de privato sigillo, etc.
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"Mayflower Compact (1620), The",20,0,0,0
"In the name of God, Amen. We, whose names are underwritten, the Loyal Subjects of our dread Sovereign Lord, King James, by the Grace of God, of England, \JFrance\j and Ireland, King, Defender of the Faith.
Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a voyage to plant the first colony in the northern parts of Virginia; do by these presents, solemnly and mutually in the Presence of God and one of another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid; And by Virtue hereof to enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the General good of the Colony; unto which we promise all due submission and obedience.
In Witness whereof we have hereunto subscribed our names at Cape Cod the eleventh of November, in the Reign of our Sovereign Lord, King James of England, \JFrance\j and Ireland, the eighteenth, and of Scotland the fifty-fourth. Anno Domini, 1620."
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"An Ordinance and Constitution of the Virginia Company in England (July 24, 1621)",21,0,0,0
An Ordinance and Constitution of the Treasurer Council, and Company in England, for a Council of State and General Assembly.
I. To all people, to whom these presents shall come, be seen, or heard, the treasurer, council, and company of adventurers and planters for the city of London for the first colony of Virginia, send greeting. Know ye, that we, the said treasurer, council, and company, taking into our careful consideration the present state of the said colony of Virginia, and intending by the divine assistance, to settle such a form of government there, as may be to the greatest benefit and comfort of the people, and whereby all injustice, grievances, and oppression may be prevented and kept off as much as possible, from the said colony, have thought fit to make our entrance, by ordering and establishing such supreme councils, as may not only be assisting to the governor for the time being, in the administration of justice, and the executing of other duties to this office belonging, but also, by their vigilant care and prudence, may provide, as well for a remedy of all inconveniences, growing from time to time, as also for advancing of increase, strength, stability, and prosperity of the said colony:
II. We therefore, the said treasurer, council, and company, by authority directed to us from his majesty under the great seal, upon mature deliberation, do hereby order and declare, that, from hence forward, there shall be two supreme councils in Virginia, for the better government of the said colony aforesaid.
III. The one of which councils, to be called the council of state (and whose office shall chiefly be assisting, with their care, advice, and circumspection, to the said governor) shall be chosen, nominated, placed, and displaced, from time to time, by us the said treasurer, council and company, and our successors: which council of state shall consist, for the present only of these persons, as are here inserted, viz., sir Francis Wyatt, governor of Virginia, captain Francis West, sir George Yeardley, knight, sir William Neuce, knight, marshal of Virginia, Mr. George Sandys, treasurer, Mr. George Thorpe, deputy of the college, captain Thomas Neuce, deputy for the company, Mr. Powlet, Mr. Leech, captain Nathaniel Powel, Mr. Christopher Davidson, secretary, Doctor Potts, physician to the company, Mr. Roger Smith, Mr. John Berkeley, Mr. John Rolfe, Mr. Ralph Hamer, Mr. John Pountis, Mr. Michael Lapworth, Mr. Harwood, Mr. Samuel Macock. Which said counsellors and council we earnestly pray and desire, and in his majesty's name strictly charge and command, that (all factions, partialities, and sinister respect laid aside) they bend their care and endeavours to assist the said governor; first and principally, in the advancement of the honour and service of God, and the enlargement of his kingdom against the heathen people; and next, in erecting of the said colony in due obedience to his majesty, and all lawful authority from his majesty's directions; and lastly, in maintaining the said people in justice and christian conversation amongst themselves, and in strength and ability to withstand their enemies. And this council, to be always, or for the most part, residing about or near the governor.
IV. The other council, more generally to be called by the governor, once yearly, and no oftener, but for very extraordinary and important occasions, shall consist for the present, of the said council of state, and of two burgesses out of every town, hundred, or other particular plantation, to be respectively chosen by the inhabitants: which council shall be called The General Assembly, wherein (as also in the said council of state) all matters shall be decided, determined, and ordered by the greater part of the voices then present; reserving to the governor always a negative voice
And this general assembly shall have free power, to treat, consult, and conclude, as well of all emergent occasions concerning the publick weal of the said colony and every part thereof, as also to make, ordain, and enact such general laws and orders, for the behoof of the said colony, and the good government thereof, as shall, from time to time, appear necessary or requisite;
V. Whereas in all other things, we require the said general assembly, as also the said council of state, to imitate and follow the policy of the form of government, laws, customs, and manner of trial, and other administration of justice, used in the realm of England, as near as may be even as ourselves, by his majesty's letters patent, are required.
VI. Provided, that no law or ordinance, made in the said general assembly, shall be or continue in force or validity, unless the same shall be solemnly ratified and confirmed, in a general quarter court of the said company here in England, and so ratified, be returned to them under our seal; it being our intent to afford the like measure also unto the said colony, that after the government of the said colony shall once have been well framed, and settled accordingly, which is to be done by us, as by authority derived from his majesty, and the same shall have been so by us declared, no orders of court afterwards, shall bind the said colony, unless they be ratified in like manner in the general assemblies.
In witness whereof we have hereunto set our common seal the 24th of July, 1621. . . .
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"Petition of Right (1628), The",22,0,0,0
The Petition exhibited to his Majesty by the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, concerning divers Rights and Liberties of the Subjects, with the King's Majesty's royal answer thereunto in full Parliament.
To the King's Most Excellent Majesty,
Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assembles, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward I, commonly called Stratutum de Tellagio non Concedendo, that no tallage or aid shall be laid or levied by the king or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm; and by authority of parliament holden in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that from thenceforth no person should be compelled to make any loans to the king against his will, because such loans were against reason and the franchise of the land; and by other laws of this realm it is provided, that none should be charged by any charge or imposition called a benevolence, nor by such like charge; by which statutes before mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge not set by common consent, in parliament.
II. Yet nevertheless of late divers commissions directed to sundry commissioners in several counties, with instructions, have issued; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them, upon their refusal so to do, have had an oath administered unto them not warrantable by the laws or statutes of this realm, and have been constrained to become bound and make appearance and give utterance before your Privy Council and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted; and divers other charges have been laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace and others, by command or direction from your Majesty, or your Privy Council, against the laws and free custom of the realm.
III. And whereas also by the statute called 'The Great Charter of the Liberties of England,' it is declared and enacted, that no freeman may be taken or imprisoned or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.
IV. And in the eight-and-twentieth year of the reign of King Edward III, it was declared and enacted by authority of parliament, that no man, of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disinherited nor put to death without being brought to answer by due process of law.
V. Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed; and when for their deliverance they were brought before your justices by your Majesty's writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the lords of your Privy Council, and yet were returned back to several prisons, without being charged with anything to which they might make answer according to the law.
VI. And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn against the laws and customs of this realm, and to the great grievance and vexation of the people. (PETITION OF RIGHT 1628:8)
VII. And whereas also by authority of parliament, in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter and the law of the land; and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament: and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm; nevertheless of late time divers commissions under your Majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, \Jfelony\j, mutiny, or other outrage or misdemeanor whatsoever, and by such summary course and order as is agreeable to martial law, and is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.
VIII. By pretext whereof some of your Majesty's subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been judged and executed.
IX. And also sundry grievous offenders, by color thereof claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused or forborne to proceed against such offenders according to the same laws and statutes, upon pretense that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid; which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm.
X. They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament; and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same or for refusal thereof; and that no freeman, in any such manner as is before mentioned, be imprisoned or detained; and that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come; and that the aforesaid commissions, for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by color of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.
XI. All which they most humbly pray of your most excellent Majesty as their rights and liberties, according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, that the awards, doings, and proceedings, to the \Jprejudice\j of your people in any of the premises, shall not be drawn hereafter into consequence or example; and that your Majesty would be also graciously pleased, for the further comfort and safety of your people, to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you according to the laws and statutes of this realm, as they tender the honor of your Majesty, and the prosperity of this kingdom.
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"Charter Of Massachusetts Bay (1629), The",23,0,0,0
And further, That the said Governour and Companye, and their Successors, maie have forever one comon Seale, to be used in all Causes and Occasions of the said Company, and the same Seale may alter, chaunge, breake, and newe make, from tyme to tyme, at their pleasures.
And our Will and Pleasure is, and Wee doe hereby for Us, our Heires and Successors, ordeyne and graunte, That from henceforth for ever, there shalbe one Governor, one Deputy Governor, and eighteene Assistants of the same Company, to be from tyme to tyme constituted, elected and chosen out of the Freemen of the saide Company, for the twyme being, in such Manner and Forme as hereafter in theis Presents is expressed, which said Officers shall applie themselves to take Care for the best disposeing and ordering of the generall buysines and Affaires of, for, and concerning the said Landes and Premisses hereby mentioned, to be graunted, and the Plantation thereof, and the Government of the People there.
And for the better Execution of our Royall Pleasure and Graunte in this Behalf, Wee doe, by theis presents, for Us, our Heires and Successors, nominate, ordeyne, make, and constitute; our welbeloved the saide Mathewe Cradocke, to be the first and present Governor of the said Company, and the saide Thomas Goffe, to be Deputy Governor of the saide Company, and the saide Sir Richard Saltonstall, Isaack Johnson, Samuell Aldersey, John Ven, John Humfrey, John Endecott, Simon Whetcombe, Increase Noell, Richard Pery, Nathaniell Wright, Samuell Vassall, Theophilus Eaton, Thomas Adams, Thomas Hutchins, John Browne, George Foxcrofte, William Vassall, and William Pinchion, to be the present Assistants of the saide Company, to continue in the saide several Offices respectivelie for such tyme, and in such manner, as in and by theis Presents is hereafter declared and appointed.
And further, Wee will, and by theis Presents, for Us, our Heires and Successors, doe ordeyne and graunte, That the Governor of the saide Company for the tyme being, or in his Absence by Occasion of Sicknes or otherwise, the Deputie Governor for the tyme being, shall have Authoritie from tyme to tyme upon all Occasions, to give order for the assembling of the saide Company, and calling them together to consult and advise of the Bussinesses and Affaires of the saide Company, and that the said Governor, Deputie Governor, and Assistants of the saide Company, for the tyme being, shall or maie once every Moneth, or oftener at their Pleasures, assemble and houlde and keepe a Courte or Assemblie of themselves, for the better ordering and directing of their Affaires, and that any seaven or more persons of the Assistants, togither with the Governor, or Deputie Governor soe assembled, shalbe saide, taken, held, and reputed to be, and shalbe a full and sufficient Courte or Assemblie of the said Company, for the handling, ordering, and dispatching of all such Buysinesses and Occurrents as shall from tyme to tyme happen, touching or concerning the said Company or Plantation; and that there shall or maie be held and kept by the Governor, or Deputie Governor of the said Company, and seaven or more of the said Assistants for the tyme being, upon every last Wednesday in Hillary, Easter, Trinity, and Michas Termes respectivelie forever, one greate generall and solemne assemblie, which foure generall assemblies shalbe stiled and called the foure greate and generall Courts of the saide Company.
In all and every, or any of which saide greate and generall Courts soe assembled, Wee doe for Us, our Heires and Successors, give and graunte to the said Governor and Company, and their Successors, That the Governor, or in his absence, the Deputie Governor of the saide Company for the tyme being, and such of the Assistants and Freeman of the saide Company as shalbe present, or the greater nomber of them so assembled, whereof the Governor or Deputie Governor and six of the Assistants at the least to be seaven, shall have full Power and authoritie to choose, nominate, and appointe, such and soe many others as they shall thinke fitt, and that shall be willing to accept the same, to be free of the said Company and Body, and them into the same to admitt; and to elect and constitute such officers as they shall thinke fill and requisite, for the ordering, mannaging, and dispatching of the Affaires of the saide Governor and Company, and their Successors; And to make Lawes and Ordinances for the Good and Welfare of the saide Company, and for the Government and ordering of the saide Landes and Plantation, and the People inhabiting and to inhabite the same, as to them from tyme to tyme shalbe thought meete, soe as such Lawes and Ordinances be not contrarie or repugnant to the Lawes and Statuts of this our Realme of England.
And, our Will and Pleasure is, and Wee doe hereby for Us, our Heires and Successors, establish and ordeyne, That yearely once in the yeare, for ever hereafter, namely, the last Wednesday in Easter Tearme, yearely, the Governor, Deputy-Governor, and Assistants of the saide Company and all other officers of the saide Company shalbe in the Generall Court or Assembly to be held for that Day or Tyme, newly chosen for the Yeare ensueing by such greater parte of the said Company, for the Tyme being, then and there present, as is aforesaide.
And, if it shall happen the present governor, Deputy Governor, and assistants, by theis presents appointed, or such as shall hereafter be newly chosen into their Roomes, or any of them, or any other of the officers to be appointed for the said Company, to dye, or to be removed from his or their severall Offices or Places before the saide generall Day of Election (whome Wee doe hereby declare for any Misdemeanor or Defect to be removeable by the Governor, Deputie Governor, Assistants, and Company, or such greater Parte of them in any of the publique Courts to be assembled as is aforesaid) That then, and in every such Case, it shall and maie be lawfull, to and for the Governor, Deputie Governor, Assistants, and Company aforesaide, or such greater Parte of them soe to be assembled as is aforesaide, in any of their Assemblies, to proceade to a new Election of one or more others of their Company in the Roome or Place, Roomes or Places of such Officer or Officers soe dyeing or removed according to their Discretions, And, immediately upon and after such Election and Elections made of such Governor, Deputie Governor, Assistant or Assistants, or any other officer of the saide Company, in Manner and Forme aforesaid, the Authoritie, Office, and Power, before given to the former Governor, Deputie Governor, or other Officer and Officers soe removed, in whose Steade and Place newe shalbe soe chosen, shall as to him and them, and everie of them, cease and determine
Provided alsoe, and our Will and Pleasure is, That aswell such as are by theis Presents appointed to be the present Governor, Deputie Governor, and Assistants of the said Company, as those that shall succeed them, and all other Officers to be appointed and chosen as aforesaid, shall, before they undertake the Execution of their saide Offices and Places respectivelie, take their Corporal Oathes for the due and faithfull Performance of their Duties in their severall Offices and Places, before such Person or Persons as are by theis Presents hereunder appointed to take and receive the same. . . .
And, further our Will and Pleasure is, and Wee doe hereby for Us, our Heires and Successors, ordeyne and declare, and graunte to the saide Governor and Company and their Successors, That all and every the Subjects of Us, our Heires or Successors, which shall goe to and inhabite within the saide Landes and Premisses hereby mentioned to be graunted, and every of their Children which shall happen to be borne there, or on the Seas in goeing thither, or retorning from thence, shall have and enjoy all liberties and Immunities of free and naturall Subjects within any of the Domynions of Us, our Heires or Successors, to all Intents, Constructions, and Purposes whatsoever, as if they and everie of them were borne within the Realme of England.
And that the Governor and Deputie Governor of the said Company for the Tyme being, or either of them, and any two or more of such of the saide Assistants as shalbe thereunto appointed by the saide Governor and Company at any of their Courts or Assemblies to be held as aforesaide, shall and maie at all Tymes, and from tyme to tyme hereafter, have full Power and Authoritie to minister and give the Oathe and Oathes of Supremacie and Allegiance, or either of them, to all and everie Person and Persons, which shall at any Tyme or Tymes hereafter goe or passe to the Landes and Premisses hereby mentioned to be graunted to inhabite in the same.
And, Wee doe of our further Grace, certen Knowledg and meere Motion, give and graunte to the saide Governor and Company, and their Successors, That it shall and maie be lawfull, to and for the Governor or Deputie Governor, and such of the Assistants and Freemen of the said Company for the Tyme being as shalbe assembled in any of their generall Courts aforesaide, or in any other Courtes to be specially sumoned and assembled for that Purpose, or the greater Parte of them (whereof the Governor or Deputie Governor, and six of the Assistants to be alwaies seaven) from tyme to tyme, to make, ordeine, and establishe all Manner of wholesome and reasonable Orders, Lawes, Statutes, and Ordinances, Directions, and Instructions, not contrairie to the Lawes of this our Realme of England, aswell for setling of the Formes and Ceremonies of Government and Magistracy, fitt and necessary for the said Plantation, and the Inhabitants there, and for nameing and setting of all sorts of Officers, both superior and inferior, which they shall finde needefull for that Governement and Plantation, and the distinguishing and setting forth of the severall duties, Powers, and Lymytts of every such Office and Place, and the Formes of such Oathes warrantable by the Lawes and Statutes of this our Realme of England, as shalbe respectivelie ministred unto them for the Execution of the said severall Offices and Places; as also, for the disposing and ordering of the Elections of such of the said Officers as shalbe annuall, and of such others as shalbe to succeede in Case of Death or Removeall, and ministring the said Oathes to the newe elected Officers, and for Impositions of lawfull Fynes, Mulcts, Imprisonment, or other lawfull Correction, according to the Course of other Corporations in this our Realme of England, and for the directing, ruling, and disposeing of all other Matters and Thinges, whereby our said People, Inhabitants there, may be soe religiously, peaceablie, and civilly governed, as their good Life and orderlie Conversation, maie wynn and incite the Natives of Country, to the Knowledg and Obedience of the onlie true God and Savior of Mankinde, and the Christian Fayth, which in our Royall Intention, and the Adventurers free Profession, is the principall Ende of this Plantation.
Willing, commaunding, and requiring, and by theis Presents for Us, our Heires, and Successors, ordeyning and appointing, that all such Orders, Lawes, Statuts and Ordinances, Instructions and Directions, as shalbe soe made by the Governor, or Deputie Governor of the said Company, and such of the Assistants and Freemen as aforesaide, and published in Writing, under their common Seale, shalbe carefullie and dulie observed, kept, performed, and putt in Execution, according to the true Intent and Meaning of the same; and theis our Letters- patents, or the Duplicate or exemplification thereof, shalbe to all and everie such Officers, superior and inferior, from Tyme to Tyme, for the putting of the same Orders, Lawes, Statutes, and Ordinances, Instructions, and Directions, in due Execution against Us, our Heires and Successors, a sufficient Warrant and Discharge.
And Wee doe further, for Us, our Heires and Successors, give and graunt to the said Governor and Company, and their Successors by theis Presents, that all and everie such Chiefe Comaunders, Captaines, Governors, and other Officers and Ministers, as by the said Orders, Lawes, Statuts, Ordinances, Instructions, or Directions of the said Governor and Company for the Tyme being, shalbe from Tyme to Tyme hereafter imploied either in the Government of the saide Inhabitants and Plantation, or in the Waye by Sea thither, or from thence, according to the Natures and Lymitts of their Offices and Places respectively, shall from Tyme to Tyme hereafter for ever, within the Precincts and Partes of Newe England hereby mentioned to be graunted and confirmed, or in the Waie by Sea thither, or from thence, have full and Absolute Power and Authoritie to correct, punishe, pardon, governe, and rule all such the Subjects of Us, our Heires and Successors, as shall from Tyme to Tyme adventure themselves in any Voyadge thither or from thence, or that shall at any Tyme hereafter, inhabite within the Precincts and Partes of Newe England aforasaid, according to the Orders, Lawes, Ordinances, Instructions, and Directions aforesaid, not being repugnant to the Lawes and Statutes of our Realme of England as aforesaid. . . .
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#
"Maryland Toleration Act (1649), The",24,0,0,0
An Act Concerning Religion.
Forasmuch as in a well governed and Christian Common Weath matters concerning Religion and the honor of God ought in the first place to bee taken, into serious consideracion and endeavoured to bee settled, Be it therefore ordered and enacted by the Right Honourable Cecilius Lord Baron of Baltemore absolute Lord and Proprietary of this Province with the advise and consent of this Generall Assembly:
That whatsoever person or persons within this Province and the Islands thereunto belonging shall from henceforth blaspheme God, that is Curse him, or deny our Saviour Jesus Christ to bee the sonne of God, or shall deny the holy Trinity the father sonne and holy Ghost, or the Godhead of any of the said Three persons of the Trinity or the Unity of the Godhead, or shall use or utter any reproachfull Speeches, words or language concerning the said Holy Trinity, or any of the said three persons thereof, shalbe punished with death and confiscation or forfeiture of all his or her lands and goods to the Lord Proprietary and his heires.
And bee it also Enacted by the Authority and with the advise and assent aforesaid, That whatsoever person or persons shall from henceforth use or utter any reproachfull words or Speeches concerning the blessed Virgin Mary the Mother of our Saviour or the holy Apostles or Evangelists or any of them shall in such case for the first offence forfeit to the said Lord Proprietary and his heirs Lords and Proprietaries of this Province the summe of five pound Sterling or the value thereof to be Levyed on the goods and chattells of every such person soe offending, but in case such Offender or Offenders, shall not then have goods and chattells sufficient for the satisfyeing of such forfeiture, or that the same bee not otherwise speedily satisfyed that then such Offender or Offenders shalbe publiquely whipt and bee imprisoned during the pleasure of the Lord Proprietary or the Lieutenant or cheife Governor of this Province for the time being.
And that every such Offender or Offenders for every second offence shall forfeit tenne pound sterling or the value thereof to bee levyed as aforesaid, or in case such offender or Offenders shall not then have goods and chattells within this Province sufficient for that purpose then to bee publiquely and severely whipt and imprisoned as before is expressed.
And that every person or persons before mentioned offending herein the third time, shall for such third Offence forfeit all his lands and Goods and bee for ever banished and expelled out of this Province.
And be it also further Enacted by the same authority advise and assent that whatsoever person or persons shall from henceforth uppon any occasion of Offence or otherwise in a reproachful manner or Way declare call or denominate any person or persons whatsoever inhabiting, residing, traffiqueing, trading or comerceing within this Province or within any the Ports, Harbors, Creeks or Havens to the same belonging an heritick, Scismatick, Idolator, puritan, Independant, Prespiterian popish prest, Jesuite, Jesuited papist, Lutheran, Calvenist, Anabaptist, Brownist, Antinomian, Barrowist, Roundhead, Separatist, or any other name or terme in a reproachfull manner relating to matter of Religion shall for every such Offence forfeit and loose the somme of tenne shillings sterling or the value thereof to bee levyed on the goods and chattells of every such Offender and Offenders, the one half thereof to be forfeited and paid unto the person and persons of whom such reproachfull words are or shalbe spoken or uttered, and the other half thereof to the Lord Proprietary and his heires Lords and Proprietaries of this Province.
But if such person or persons who shall at any time utter or speake any such reproachfull words or Language shall not have Goods or Chattells sufficient and overt within this Province to bee taken to satisfie the penalty aforesaid or that the same bee not otherwise speedily satisfyed, that then the person or persons soe offending shalbe publickly whipt, and shall suffer imprisonment without baile or maineprise [bail] untill hee, shee or they respectively shall satisfy the party soe offended or greived by such reproachfull Language by asking him or her respectively forgivenes publiquely for such his Offence before the Magistrate of cheife Officer or Officers of the Towne or place where such Offence shalbe given.
And be it further likewise Enacted by the Authority and consent aforesaid That every person and persons within this Province that shall at any time hereafter prophane the Sabbath or Lords day called Sunday by frequent swearing, drunkennes or by any uncivill or disorderly recreacion, or by working on that day when absolute necessity doth not require it shall for every such first offence forfeit 2s 6d sterling or the value thereof, and for the second offence 5s sterling or the value thereof, and for the third offence and soe for every time he shall offend in like manner afterwards 10s sterling or the value thereof.
And in case such offender and offenders shall not have sufficient goods or chattells within this Province to satisfy any of the said Penalties respectively hereby imposed for prophaning the Sabbath or Lords day called Sunday as aforesaid, That in Every such case the partie soe offending shall for the first and second offence in that kinde be imprisoned till hee or shee shall publickly in open Court before the cheife Commander Judge or Magistrate, of that County Towne or precinct where such offence shalbe committed acknowledg the Scandall and offence he hath in that respect given against God and the good and civill Governement of this Province, And for the third offence and for every time after shall also bee publickly whipt.
And whereas the inforceing of the conscience in matters of Religion hath frequently fallen out to be of dangerous Consequence in those commonwealthes where it hath been practised, And for the more quiett and peaceable governement of this Province, and the better to preserve mutuall Love and amity amongst the Inhabitants thereof, Be it Therefore also by the Lord Proprietary with the advise and consent of this Assembly Ordeyned and enacted (except as in this present Act is before Declared and sett forth) that noe person or persons whatsoever within this Province, or the Islands, Ports, Harbors, Creekes, or havens thereunto belonging professing to beleive in Jesus Christ, shall from henceforth bee any waies troubled, Molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof within this Province or the Islands thereunto belonging nor any way compelled to the beleife or exercise of any other Religion against his or her consent, soe as they be not unfaithfull to the Lord Proprietary, or molest or conspire against the civill Governement established or to bee established in this Province under him or his heires.
And that all and every person and persons that shall presume Contrary to this Act and the true intent and meaning thereof directly or indirectly either in person or estate willfully to wrong disturbe trouble or molest any person whatsoever within this Province professing to beleive in Jesus Christ for or in respect of his or her religion or the free exercise thereof within this Province other than is provided for in this Act that such person or persons soe offending, shalbe compelled to pay trebble damages to the party soe wronged or molested, and for every such offence shall also forfeit 20s sterling in money or the value thereof, half thereof for the use of the Lord Proprietary, and his heires Lords and Proprietaries of this Province, and the other half for the use of the party soe wronged or molested as aforesaid, Or if the partie soe offending as aforesaid shall refuse or bee unable to recompense the party soe wronged, or to satisfy such fyne or forfeiture, then such Offender shalbe severely punished by publick whipping and imprisonment during the pleasure of the Lord Proprietary, or his Lieutenant or cheife Governor of this Province for the tyme being without baile or maineprise.
And bee it further alsoe Enacted by the authority and consent aforesaid That the Sheriff or other Officer or Officers from time to time to bee appointed and authorized for that purpose, of the County Towne or precinct where every particular offence in this present Act conteyned shall happen at any time to bee committed and whereupon there is hereby a forfeiture fyne or penalty imposed shall from time to time distraine and seise the goods and estate of every such person soe offending as aforesaid against this present Act or any part thereof, and sell the same or any part thereof for the full satisfaccion of such forfeiture, fine, or penalty as aforesaid, Restoring unto the partie soe offending the Remainder or overplus of the said goods or estate after such satisfaccion soe made as aforesaid.
The freemen have assented.
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#
"Fundamental Orders of Connecticut (January 14, 1639), The",25,0,0,0
For as much as it hath pleased Almighty God by the wise disposition of his divine providence so to order and dispose of things that we the Inhabitants and Residents of Windsor, \JHartford\j and Wethersfield are now cohabiting and dwelling in and upon the River of Connectecotte and the lands thereunto adjoining; and well knowing where a people are gathered together the word of God requires that to maintain the peace and union of such a people there should be an orderly and decent Government established according to God, to order and dispose of the affairs of the people at all seasons as occasion shall require; do therefore associate and conjoin ourselves to be as one Public State or Commonwealth; and do for ourselves and our successors and such as shall be adjoined to us at any time hereafter, enter into Combination and Confederation together, to maintain and preserve the liberty and purity of the Gospel of our Lord Jesus which we now profess, as also, the discipline of the Churches, which according to the truth of the said Gospel is now practiced amongst us; as also in our civil affairs to be guided and governed accordinbg to such Laws, Rules, Orders and Decrees as shall be made, ordered, and decreed as followeth:
1. It is Ordered, sentenced, and decreed, that there shall be yearly two General Assemblies or Courts, the one the second Thursday in April, the other the second Thursday in September following; the first shall be called the Court of Election, wherein shall be yearly chosen from time to time, so many Magistrates and other public Officers as shall be found requisite: Whereof one to be chosen Governor for the year ensuing and until another be chosen, and no other Magistrate to be chosen for more than one year: provided always there be six chosen besides the Governor, which being chosen and sworn according to an Oath recorded for that purpose, shall have the power to administer justice according to the Laws here established, and for want thereof, according to the Rule of the Word of God; which choice shall be made by all that are admitted freemen and have taken the Oath of Fidelity, and do cohabit within this \JJurisdiction\j having been admitted Inhabitants by the major part of the Town wherein they live or the major part of such as shall be then present.
2. It is Ordered, sentenced, and decreed, that the election of the aforesaid Magistrates shall be in this manner: every person present and qualified for choice shall bring in (to the person deputed to receive them) one single paper with the name of him written in it whom he desires to have Governor, and that he that hath the greatest number of papers shall be Governor for that year.
And the rest of the Magistrates or public officers to be chosen in this manner: the Secretary for the time being shall first read the names of all that are to be put to choice and then shall severally nominate them distinctly, and every one that would have the person nominated to be chosen shall bring in one single paper written upon, and he that would not have him chosen shall bring in a blank; and every one that hath more written papers than blanks shall be a Magistrate for that year; which papers shall be received and told by one or more that shall be then chosen by the court and sworn to be faithful therein; but in case there should not be six chosen as aforesaid, besides the Governor, out of those which are nominated, than he or they which have the most writen papers shall be a Magistrate or Magistrates for the ensuing year, to make up the aforesaid number.
3. It is Ordered, sentenced, and decreed, that the Secretary shall not nominate any person, nor shall any person be chosen newly into the Magistracy which was not propounded in some General Court before, to be nominated the next election; and to that end it shall be lawful for each of the Towns aforesaid by their deputies to nominate any two whom they conceive fit to be put to election; and the Court may add so many more as they judge requisite.
4. It is Ordered, sentenced, and decreed, that no person be chosen Governor above once in two years, and that the Governor be always a member of some approved Congregation, and formerly of the Magistracy within this \JJurisdiction\j; and that all the Magistrates, Freemen of this Commonwealth; and that no Magistrate or other public officer shall execute any part of his or their office before they are severally sworn, which shall be done in the face of the court if they be present, and in case of absence by some deputed for that purpose.
5. It is Ordered, sentenced, and decreed, that to the aforesaid Court of Election the several Towns shall send their deputies, and when the Elections are ended they may proceed in any public service as at other Courts. Also the other General Court in September shall be for making of laws, and any other public occasion, which concerns the good of the Commonwealth.
6. It is Ordered, sentenced, and decreed, that the Governor shall, either by himself or by the Secretary, send out summons to the Constables of every Town for the calling of these two standing Courts one month at least before their several times: And also if the Governor and the greatest part of the Magistrates see cause upon any special occasion to call a General Court, they may give order to the Secretary so to do within fourteen days' warning: And if urgent necessity so required, upon a shorter notice, giving sufficient grounds for it to the deputies when they meet, or else be questioned for the same; And if the Governor and major part of Magistrates shall either neglect or refuse to call the two General standing Courts or either of them, as also at other times when the occasions of the Commonwealth require, the Freemen thereof, or the major part of them, shall petition to them so to do; if then it be either denied or neglected, the said Freemen, or the major part of them, shall have the power to give order to the Constables of the several Towns to do the same, and so may meet together, and choose to themselves a Moderator, and may proceed to do any act of power which any other General Courts may.
7. It is Ordered, sentenced, and decreed, that after there are warrants given out for any of the said General Courts, the Constable or Constables of each Town, shall forthwith give notice distinctly to the inhabitants of the same, in some public assembly or by going or sending from house to house, that at a place and time by him or them limited and set, they meet and assemble themselves together to elect and choose certain deputies to be at the General Court then following to agitate the affairs of the Commonwealth; which said deputies shall be chosen by all that are admitted Inhabitants in the several Towns and have taken the oath of fidelity; provided that none be chosen a Deputy for any General Court which is not a Freeman of this Commonwealth.
The aforesaid deputies shall be chosen in manner following: every person that is present and qualified as before expressed, shall bring the names of such, written in several papers, as they desire to have chosen for that employment, and these three or four, more or less, being the number agreed on to be chosen for that time, that have the greatest number of papers written for them shall be deputies for that Court; whose names shall be endorsed on the back side of the warrant and returned into the Court, with the Constable or Constables' hand unto the same.
8. It is Ordered, sentenced, and decreed, that Windsor, \JHartford\j, and Wethersfield shall have power, each Town, to send four of their Freemen as their deputies to every General Court; and Whatsoever other Town shall be hereafter added to this \JJurisdiction\j, they shall send so many deputies as the Court shall judge meet, a reasonable proportion to the number of Freemen that are in the said Towns being to be attended therein; which deputies shall have the power of the whole Town to give their votes and allowance to all such laws and orders as may be for the public good, and unto which the said Towns are to be bound.
9. It is Ordered, sentenced, and decreed, that the deputies thus chosen shall have power and liberty to appoint a time and a place of meeting together before any General Court, to advise and consult of all such things as may concern the good of the public, as also to examine their own Elections, whether according to the order, and if they or the greatest part of them find any election to be illegal they may seclude such for present from their meeting, and return the same and their reasons to the Court; and if it be proved true, the Court may fine the party or parties so intruding, and the Town, if they see cause, and give out a warrant to go to a new election in a legal way, either in part or in whole.
Also the said deputies shall have power to fine any that shall be disorderly at their meetings, or for not coming in due time or place according to appointment; and they may return the said fines into the Court if it be refused to be paid, and the Treasurer to take notice of it, and to escheat or levy the same as he does other fines.
10. It is Ordered, sentenced, and decreed, that every General Court, except such as through neglect of the Governor and the greatest part of the Magistrates the Freemen themselves do call, shall consist of the Governor, or some one chosen to moderate the Court, and four other Magistrates at least, with the major part of the deputies of the several Towns legally chosen; and in case the Freemen, or major part of them, through neglect or refusal of the Governor and major part of the Magistrates, shall call a Court, it shall consist of the major part of Freemen that are present or their deputiues, with a Moderator chosen by them: In which said General Courts shall consist the supreme power of the Commonwealth, and they only shall have power to make laws or repeal them, to grant levies, to admit of Freemen, dispose of lands undisposed of, to several Towns or persons, and also shall have power to call either Court or Magistrate or any other person whatsoever into question for any misdemeanor, and may for just causes displace or deal otherwise according to the nature of the offense; and also may deal in any other matter that concerns the good of this Commonwealth, except election of Magistrates, which shall be done by the whole body of Freemen.
In which Court the Governor or Moderator shall have power to order the Court, to give liberty of speech, and silence unseasonable and disorderly speakings, to put all things to vote, and in case the vote be equal to have the casting voice. But none of these Courts shall be adjourned or dissolved without the consent of the major part of the Court.
11. It is Ordered, sentenced, and decreed, that when any General Court upon the occasions of the Commonwealth have agreed upon any sum, or sums of money to be levied upon the several Towns within this \JJurisdiction\j, that a committee be chosen to set out and appoint what shall be the proportion of every Town to pay of the said levy, provided the committee be made up of an equal number out of each Town.
14th January 1639 the 11 Orders above said are voted.
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#
"Connecticut Colony Charter of 1662",26,0,0,0
CHARLES THE SECOND, BY THE GRACE OF GOD, King of England, Scotland, \JFrance\j and Ireland, defender of the Faith, &c.; To all to whome theis presents shall come Greetinge:
WHEREAS, by the severall Navigacons, discoveryes and susccessfull Plantacons of diverse of our loving Subjects of this our Realme of England, Severall Lands, Islands,Places, Colonies and Plantacons have byn obtayned and setled in that parte of the Continent of America called New England, and thereby the Trade and Comerce there hath byn of late yeares much increased,
AND WHEREAS, wee have byn informed by the humble Peticon of our Trusty and welbeloved John Winthrop, John Mason, Samuell Willis, Henry Clerke, Mathew Allen, John Tappen, Nathan Gold, Richard Treate, Richard Lord, Henry Woolicott, John Talcott, Daniell Clerke, John Ogden, Thomas Wells, Obedias Brewen, John Clerke, Anthony Haukins, John Deming and Mathew Camfeild, being Persons Principally interested in our Colony or Plantacon of Connecticut in New England, that the same Colony or the greatest parte thereof was purchased and obteyned for greate and valuable Consideracons, And some other part thereof gained by Conquest and with much difficulty, and att the onely endeavours, expence and Charge of them and their Associates, and those vnder whome they Clayme, Subdued and improved, and thereby become a considerable enlargement and addicon of our Dominions and interest there.
NOW KNOW YEA, that in consideracion thereof, and in regard the said Colony is remote from other the English Plantacons in the Places aforesaid, And to the end the Affaires and Business which shall from tyme to tyme happen or arise concerning the same may be duely Ordered and managed.
WEE HAVE thought fitt, and att the humble Peticon of the Persons aforesaid, and are graciously pleased to Create and Make them a Body Pollitique and Corporate, with the powers and Priviliges herein after menconed; And Accordingly Our will and pleasure is, and of our especiall grace, certeine knowledge and meere mocon wee have Ordeyned, Constituted and Declared, And by theis presents, for vs, our heires and Successors, Doe Ordeine, Constitute and Declare That they, the said John Winthrop, John Mason, Samuell Willis, Henry Clerke, Mathew Allen, John Tappen, Nathan Gold, Richard Treate, Richard Lord, Henry Woollcot, John Talcot, Daniell Clerke, John Ogden, Thomas Wells, Obadiah Brewen, John Clerke, Anthony Hawkins, John Deming and Mathew Camfeild, and all such others as now are or hereafter shall bee Admitted and made free of the Company and Society of our Collony of Connecticut in America, shall from tyme to tyme and forever hereafter, bee one Body Corporate and Pollitique in fact and name, by the Name of Governour and Company of the English Collony of Connecticut in New England in America; And that by the same name they and their Successors shall and may have perpetuall Succession, and shall and mey bee Persons able and Capable in the law to Plead and bee Impleaded, to Answere and to be Answered vnto, to Defend and bee Defended in all and Singular, Suits, Causes, quarrelles, Matters, Accons and things of what kind or nature soever, And alsoe to have, take, possesse, acquire and purchase lands Tenements or hereditaments, or any goods or Chattells, and the same to, Lease, Graunt, Demise, Alien, bargaine, Sell and dispose of, as other our leige People of this our Realme of England, or any other Corporacon or Body Politique within the same may lawfully doe.
AND FURTHER, that the said Governour and Company, and their Successors shall and may for ever hereafter have a Comon Seale to serve and vse for all Causes, matters, things and affaires, whatsoever of them and their Successors, and the same Seale to alter, change, breake and make new from tyme to tyme att their wills and pleasures, as they shall thinke fitt.
And further, wee will and Ordeine, and by theis presents for vs, our heires and Successors Doe Declare and appoint, that for the better ordering and manageing of the affaires and businesse of the said Company and their Successors, there shall be one Governour, one Deputy Governour and Twelve Assistants to bee from tyme to tyme Constituted, Elected and Chosen out of the Freemen of the said Company for the tyme being, in such manner and forme as hereafter in these presents is expressed; which said Officers shall apply themselves to take care for the best disposeing and Ordering of the Generall business and affaires of and concerning the lands and hereditaments herein after menconed to bee graunted, and the Plantacon thereof and the Government of the People thereof.
And for the better execucon of our Royall Pleasure herein, WEE DOE for vs, our heires and Successors, Assigne, name, Constitute and appoint the aforesaid John Winthrop to bee the first and present Governour of the said Company; And the said John Mason to bee the Deputy Governour; And the said Samuell Willis, Mathew Allen, Nathan Gold, Henry Clerke, Richard Treat, John Ogden, Thomas Tappen, John Talcott, Thomas Wells, Henry Woolcot, Richard Lord and Daniell Clerke to bee the Twelve present Assistants of the said Company; to contynue in the said severall Offices respectively, vntill the second Thursday which shall bee in the moneth of October now next comeing.
AND FURTHER, wee will, and by theis presents for vs, our heires and Successors DOE Ordaine and Graunt that the Governour of the said Company for the tyme being, or, in his absence by occasion of sicknes, or otherwise by his leave or permission, the Deputy Governour for the tyme being, shall and may from tyme to tyme vpon all occasions give Order for the assembling of the said Company and calling them together to Consult and advise of the businesse and Affairs of the said Company, And that for ever hereafter Twice in every yeare, (That is to say,) on every Second Thursday in October and on every Second Thursday in May, or oftener, in Case it shall bee requisite, The Assistants and freemen of the said Company, or such of them, (not exceeding twoe Persons from each Place, Towne or Citty) whoe, shall bee from tyme to tyme therevnto Elected or deputed by the major parte of the freemen of the respective Townes, Cittyes and Places for which they shall bee soe elected or Deputed, shall have a generall meeting or Assembly, then and their to Consult and advise in and about the Affaires And businesse of the said Company; And that the Governour, or in his absence the Deputy Governour of the said Company for the tyme being, and such of the Assistants and freemen of the said Company as shall be soe Elected or Deputed and bee present att such meeting or Assembly, or the greatest number of them, whereof the Governour or Deputy Governour and Six of the Assistants, at least, to bee Seaven, shall be called the Generall Assembly, and shall have full power and authority to alter and change their dayes and tymes of meeting or Generall Assemblies for Electing the Governour, Deputy Governour and Assistants or other Officers or any other Courts, Assemblies or meetings, and to Choose, Nominate and appoint such and soe many other Persons as they shall thinke fitt and shall bee willing to accept the same, to bee free of the said Company and Body Politique, and them into the same to Admitt and to Elect, and Constitute such Officers as they shall thinke fitt and requisite for the Ordering, Manageing and disposeing of the Affaires of the said Governour and Company and their Successors.
AND WEE DOE hereby for vs, our heires and Successors, Establish and Ordeine, that once in the yeare for ever hereafter, namely, the said Second Thursday in May, the Governour, Deputy Governour, and Assistants of the said Company and other Officers of the said Company, or such of them as the said Generall Assembly shall thinke fitt, shall bee in the said Generall Court and Assembly to be held from that day or tyme, newly Chosen for the yeare ensuing, by such greater parte of the said Company for the tyme being then and there present.
And if the Governour, Deputy Governour and Assistants by these presents appointed, or such as hereafter bee newly Chosen into their Roomes, or any of them, or any other the Officers to bee appointed for the said Company shall dye or bee removed from his or their severall Offices or Places before the said Generall day of Eleccon, whome wee doe hereby Declare for any misdemeanour or default to bee removeable by the Governour, Assistants and Company, or such greater part of them in any of the said publique Courts to be Assembled as is aforesaid, That then and in every such Case itt shall and may bee lawfull to and for the Governour, Deputy Governour and Assistants and Company aforesaid, or such greater parte of them soe to bee Assembled as is aforesaid in any of their Assemblies, to proceede to a New Eleccon of one or more of their Company in the Roome or place, Roomes or Places of such Governour, Deputy Governour, Assistant or other Officer or Officers soe dyeing or removed, according to their discretions; and immediately vpon and after such Eleccon or Eleccons made of such Governour, Deputy Governour, Assistant or Assistants, or any other Officer of the said Company in manner and forme, Aforesaid, The Authority Office and Power before given to the former Governour, Deputy Governour or other Officer and Officers soe removed, in whose stead and Place new shall be chosen, shall as to him and them and every of them respectively cease and determine.
PULMVIDED, alsoe, and our will and pleasure is, That as well such as are by theis presents appointed to bee the present Governour, Deputy Governour and Assistants of the said Company as those that shall succeed them, and all other Officers to bee appointed and Chosen as aforesaid, shall, before they vndertake the Execucon of their said Offices and places respectively, take their severall and respective Corporall Oathes for the due and faithfull performance of their dutyes in their severall Offices and Places, before such Person or Persons as are by these Presents hereafter appoynted to take and receive the same; That is to say, the said John Winthrop, whoe is herein before nominated and appointed the present Governour of the said Company, shall take the said Oath before one or more of the Masters of our Court of Chancery for the tyme being, vnto which Master of Chancery WEE DOE, by theis presents, give full power and authority to administer the said Oath to the said John Winthrop accordingly.
And the said John Mason, whoe is herein before nominated and appointed the present Deputy Governour of the said Company, shall take the said Oath before the said John Winthrop, or any twoe of the Assistants of the said Company, vnto whome WEE DOE by these presents, give full power and authority to Administer the said Oath to the said John Mason accordingly.
And the said Samuell Willis, Henry Clerke, Mathew Allen, John Tappen, Nathan Gold, Richard Treate, Richard Lord, Henry Woolcott, John Talcott, Daniell Clerke, John Ogden and Thomas Welles, whoe are herein before Nominated and appointed the present Assistants of the said Company, shall take the Oath before the said John Winthrop and John Mason, or one of them, to whome WEE DOE hereby give full power and authority to Administer the same accordingly.
And our further will and pleasure, is that all and every Governour or Deputy Governour to bee Elected and Chosen by vertue of theis presents, shall take the said Oath before two or more of the Assistants of the said Company for the tyme being, vnto whom wee doe, by theis presents, give full power and authority to give and Administer the said Oath accordingly.
And the said Assistants and every of them, and all and every other Officer or Officers to bee hereafter Chosen from tyme to tyme, to take the said Oath before the Governour or Deputy Governour for the tyme being, vnto which said Governour or Deputy Governour wee doe, by theis presents, give full power and authority to Administer the same accordingly.
AND FURTHER, of our more ample grace, certeine knowledge and meere mocon WEE HAVE given and Graunted, and by theis presents, for vs, our heires and Successors, ULME give and Graunt vnto the said Governour and Company of the English Colony of Connecticut in New England in America, and to every Inhabitant there, and to every Person and Persons Trading thither, And to every such Person and Persons as are or shall bee free of the said Collony, full power and authority from tyme to tyme and att all tymes hereafter, to take, Ship, Transport and Carry away, for and towards the Plantacon and defence of the said Collony such of our loveing Subjects and Strangers as shall or will willingly accompany them in and to their said Collony and Plantacon: (Except such Person and Persons as are or shall bee therein restrayned by vs, our heires and Successors:) And alsoe to Ship and Transport all and all manner of goods, Chattells, Merchandizes and other things whatsoever that are or shall be vsefull or necessary for the Inhabitants of the said Collony and may lawfully bee Transported thither; Neverthe lesse, not to bee discharged of payment to vs, our heires and Successors, of the Dutyes, Customes and Subsidies which are or ought to bee paid or payable for the same.
\B\IFor more information click on \b\i\JConnecticut Colony Charter of 1662 (continued)\j
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"Connecticut Colony Charter of 1662 (continued)",27,0,0,0
AND FURTHER, Our will and pleasure is, and WEE DOE for vs, our heires and Successors, Ordeyne, Declare and Graunt vnto the said Governour and Company and their Successors, That all and every the Subjects of vs, our heires or Successors which shall goe to Inhabite within the said Colony, and every of their Children which shall happen to bee borne there or on the Sea in goeing thither or returneing from thence, shall have and enjoye all liberties and immunities of free and naturall Subjects within any the Dominions of vs, our heires or Successors, to all intents, Construccons and purposes whatsoever, as if they and every of them were borne within the Realme of England,
AND WEE DOE authorize and impower the Governour, or in his absence the Deputy Governour for the tyme being, to appointe two or more of the said assistants att any of their Courts or Assemblyes to bee held as aforesaid, to have power and authority to Administer the Oath of Supremacy and obedience to all and every Person and Persons which shall att any tyme or tymes hereafter goe or passe into the said Colony of Connecticutt, vnto which said Assistants soe to bee appointed as aforesaid, WEE DOE, by these presents, give full power and authority to Administer the said Oath accordingly.
AND WEE DOE FURTHER, of our especiall grace, certeine knowledge and meere mocon, give and Graunt vnto the said Governour and Company of the English Colony of Connecticutt in New England in America, and their Successors, that itt shall and may bee lawful to and for the Governour or Deputy Governour and such of the Assistants of the said Company for the tyme being as shall bee Assembled in any of the Generall Courts aforesaid, or in any Courts to be especially Sumoned or Assembled for that purpose, or the greater parte of them, whereof the Governour or Deputy Governour and Six of the Assistants, to be all wayes Seaven, to Erect and make such Judicatories for the heareing and Determining of all Accons, Causes, matters and things happening within the said Colony or Plantacon and which shall bee in dispute and depending there, as they shall thinke fitt and convenient; And alsoe from tyme to tyme to Make, Ordaine and Establish All manner of wholesome and reasonable Lawes, Statutes, Ordinances, Direccons and Instruccons, not contrary to the laws of this Realme of England, as well for setling the formes and Ceremonies of Government and Magestracy fitt and necessary for the said Plantacon and the Inhabitants there as for naming and Stileing all sorts of Officers, both superior and inferior, which they shall find needfull for the Government and Plantacon of the said Colony, and the distinguishing and setting forth of the severall Dutyes, Powers and Lymitts of every such Office and Place, and the formes of such Oaths, not being contrary to the Laws and Statutes of this our Realme of England, to bee administered for the Execucon of the said severall Offices and Places; As alsoe for the disposeing and Ordering of the Eleccon of such of the said Officers as are to bee Annually Chosen, and of such others as shall succeed in case of death or removall, and Administering the said Oath to the new Elected Officers, and Graunting necessary Comissions, and for imposicon of lawfull Fines, Mulcts, Imprisonment or other Punishment vpon Offenders and Delinquents, according to the Course of other Corporacons within this our Kingdome of England, and the same Lawes, fines, Mulcts and Execucons to alter, change, revoke, adnull, release or Pardon, vnder their Comon Seale, As by the said Generall Assembly or the major part of them shall be thought fitt; And for the directing, ruleing and disposing of all other matters and things whereby our said people, Inhabitants there, may bee soe religiously, peaceably and civilly Governed as their good life and orderly Conversacon may wynn and invite the Natives of the Country to the knowledge and obedience of the onely true God and Saviour of mankind, and the Christian faith, which in our Royall intencons and the Adventurers free profession is the onely and principall end of this Plantacon; WILLING, Commanding and requireing, and by these presents, for vs, our heires and Successors, Ordaineing and appointeing.
That all such Lawes, Statutes and Ordinances, Instruccons, Imposicons, and Direccons as shall bee soe made by the Governour, Deputy Governour, and Assistants, as aforesaid, and published in writeing vnder their Comon Seale, shall carefully and duely bee observed, kept, performed and putt in execucion, according to the true intent and meaning of the same.
AND these our letters Patents, or the Duplicate or Exemplification thereof, shall bee to all and every such Officers, Superiors and inferiors, from tyme to tyme, for the Putting of the same Orders, Lawes, Statutes, Ordinances, Instruccons and Direccons in due Execucon, against vs, our heires and Successors, a sufficient warrant and discharge.
AND WEE DOE FURTHER, for vs, our heires and Successors, give and Graunt vnto the said Governor and Company and their Successors, by these presents, That itt shall and may bee lawfull to and for the chiefe Commanders, Governours and Officers of the said Company for the tyme being whoe shall bee resident in the parts of New England hereafter menconed, and others inhabitating there by their leave, admittance, appointment or direccon, from tyme to tyme and att all tymes hereafter, for their speciall defence and safety, to Assemble, Martiall, Array, and putt in Warlike posture the Inhabitants of the said Colony, and to; Commissionate, Impower and authorize such Person or Persons as they shall thinke fitt to lead and Conduct the said Inhabitants, and to encounter, expulse, repell and resist by force of Armes, as well by Sea as by land, And alsoe to kill, Slay and destroy, by all fitting wayes, enterprizes and meanes whatsoever, all and every such Person or Persons as shall at any tyme hereafter Attempt or enterprize the destruccon, Invasion, detriment or annoyance of the said Inhabitants or Plantacon, And to vse and exercise the law Martiall, in such Cases onely as occasion shall require, And to take or surprize by all wayes and meanes whatsoever, all and every such Person and Persons, with their Shipps, Armour, Ammunicon, and other goods of such as shall in such hostile manner invade or attempt the defeating of the said Plantacon or the hurt of the said Company and Inhabitants; and vpon just Causes to invade and destroy the Natives or other Enemyes of the said Colony.
NEVERTHELESSE, Our Will and pleasure is, AND WEE DOE hereby Declare vnto all Christian Kings, Princes and States, That if any Persons which shall hereafter Bee of the said Company or Plantacon, or any other, by appointment of the said Governor and Company for the tyme being, shall at any tyme or tymes hereafter Robb or Spoile by Sea or by land, and doe any hurt, violence or unlawful hostility to any of the Subjects of vs, our heires or Successors, or any of the Subjects of any Prince or State beinge then in league with vs, our heires or Successors, vpon Complaint of such injury done to any such Prince or State, or their Subjects WEE, our heires and Successors, will make open Proclamacon within any parts of our Realme of England fitt for that purpose, That the Person or Persons committinge any such Robbery or Spoile, shall within the tyme lymitted by such Proclamacon, make full restitucon or satisfaccon of all such injuries done or committed, Soe as the said Prince or others soe complayneing may bee fully satisfied and contented.
And if the said Person or Persons whoe shall committ any such Robbery or Spoile shall not make satisfaccon accordingly, within such tyme soe to bee limited, That then itt shall and may bee lawful for vs, our heires and Successors, to put such Person or Persons out of our Allegiance and Proteccon: And that it shall and may bee lawfull and free for all Princes or others to Prosecute with hostility such Offenders and every of them, their and every of their Procurers, ayders, Abettors and Councellors in that behalfe.
PULMVIDED, alsoe, and our expresse will and pleasure is, AND WEE DOE by these presents for vs, our heires and Successors, Ordeyne and appointe that these presents shall not in any manner hinder any of our loveing Subjects whatsoever to vse and exercise the Trade of Fishinge vpon the coast of New England in America, but they and every or any of them shall have full and free power and liberty to contynue and vse the said Trade of Fishing upon the said Coast, in any of the Seas therevnto adioyning, or any Armes of the Seas or Salt Water Rivers where they have byn accustomed to Fish, and to build and sett vpon the wast land belonging to the said Colony of Connecticutt, such Wharfes, Stages and workehouses as shall bee necessary for the Salting, dryeing and keeping of their Fish to bee taken or gotten vpon that Coast, any thinge in these presents conteyened to the contrary notwithstanding.
AND KNOWE YEE FURTHER, That Wee, of our more abundant grace, certaine knowledge and meere mocon HAVE given, Graunted and Confirmed, And by theis presents for vs, our heires and Successors, DOE give, Graunt and Confirme vnto the said Governor and Company and their Successors, AULM that parte of our Dominions in Newe England in America bounded on the East by Norrogancett River, commonly called Norrogancett Bay, where the said River falleth into the Sea, and on the North by the lyne of the \JMassachusetts\j Plantacon, and on the South by the Sea, and in longitude as the lyne of the \JMassachusetts\j Colony, runinge from East to West, (that is to say,) from the Said Norrogancett Bay on the East to the South Sea on the West parte, with the Islands thervnto adioyneinge, Together with all firme lands, Soyles, Grounds, Havens, Ports, Rivers, Waters, Fishings, Mynes, Mynerals, Precious Stones, Quarries, and all and singular other Comodities, Iurisdiccons, Royalties, Priviledges, Francheses, Preheminences, and hereditaments whatsoever within the said Tract, Bounds, lands and Islands aforesaid, or to them or any of them belonging.
TO HAVE AND TO HOLD the same vnto the said Governor and Company, their Successors and Assignes, for ever vpon Trust and for the vse and benefitt of themselves and their Associates, freemen of the said Colony, their heires and Assignes, TO BEE HOLDEN of vs, our heires and Successors, as of our Mannor of East Greenewich, in Free and Common Soccage, and not in Capite nor by Knights Service, YULMLDING AND PAYINGE therefore to vs, our heires and Successors, onely the Fifth parte of all the Oare of Gold and Silver which from tyme to tyme and at all tymes hereafter shall bee there gotten, had or obteyned, in liew of all Services, Dutyes and Demaunds whatsoever, to bee to vs, our heires or Successors, therefore or thereout rendered, made or paid.
AND LASTLY, Wee doe for vs, our heires, and Successors, Graunt to the said Governor and Company and their Successors, by these presents, that these our Letters Patent shall bee firme, good and effectuall in the lawe to all intents, Construccons and purposes whatsoever, accordinge to our true intent and meaneing herein before Declared, as shall be Construed, reputed and adiudged most favourable on the behalfe and for the best benefitt and behoofe of the said Governor and Company and their Successors, ALTHOUGH EXPRESSE MENCON of the true yearely value or certeinty of the premises, or of any of them, or of any other Guifts or Graunts by vs or by any of our Progenitors or Predecessors heretofore made to the said Governor and Company of the English Colony of Connecticut in New England in America aforesaid in theis presents is not made, or any Statute, Act, Ordinance, Provision, Proclamacon or Restriccon heretofore had, made.
Enacted, Ordeyned or Provided, or any other matter, Cause or thinge whatsoever to the contrary thereof in any wise notwithstanding.
IN WITNES whereof, we have caused these our Letters to be made Patent; WITNES our Selfe, att Westminister, the three and Twentieth day of Aprill, in the Fowerteenth yeare of our Reigne.
"The Holy God having by a long and Continual Series of his Afflictive dispensations in and by the present Warr with the Heathen Natives of this land, written and brought to pass bitter things against his own Covenant people in this wilderness, yet so that we evidently discern that in the midst of his judgements he hath remembered mercy, having remembered his Footstool in the day of his sore displeasure against us for our sins, with many singular Intimations of his Fatherly Compassion, and regard; reserving many of our Towns from Desolation Threatened, and attempted by the Enemy, and giving us especially of late with many of our Confederates many signal Advantages against them, without such Disadvantage to ourselves as formerly we have been sensible of, if it be the Lord's mercy that we are not consumed, It certainly bespeaks our positive Thankfulness, when our Enemies are in any measure disappointed or destroyed; and fearing the Lord should take notice under so many Intimations of his returning mercy, we should be found an Insensible people, as not standing before Him with Thanksgiving, as well as lading him with our Complaints in the time of pressing Afflictions:
The Council has thought meet to appoint and set apart the 29th day of this instant June, as a day of Solemn Thanksgiving and praise to God for such his Goodness and Favour, many Particulars of which mercy might be Instanced, but we doubt not those who are sensible of God's Afflictions, have been as diligent to espy him returning to us; and that the Lord may behold us as a People offering Praise and thereby glorifying Him; the Council doth commend it to the Respective Ministers, Elders and people of this \JJurisdiction\j; Solemnly and seriously to keep the same Beseeching that being perswaded by the mercies of God we may all, even this whole people offer up our bodies and soulds as a living and acceptable Service unto God by Jesus Christ."
Courtesy of \IUS Historical Documents Archive\i
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"Governor William Berkeley on Bacon's Rebellion (May19, 1676)",29,0,0,0
The declaration and Remonstrance of Sir William Berkeley his most sacred Majesties Governor and Captain Generall of Virginia. note
Sheweth That about the yeare 1660 CoIl. Mathews the then Governor dyed and then in consideration of the service I had don the Country, in defending them from, and destroying great numbers of the Indians, without the loss of three men, in all the time that warr lasted, and in contemplation of the equall and uncorrupt Justice I had distributed to all men, Not onely the Assembly but the unanimous votes of all the Country, concurred to make me Governor in a time, when if the Rebells in England had prevailed, I had certainely dyed for accepting itt, `twas Gentlemen an unfortunate Love, shewed to me, for to shew myselfe gratefull for this, I was willing to accept of this Governement againe, when by my gracious Kings favour I might have had other places much more proffitable, and lesse toylesome then this hath beene.
Since that time that I returned into the Country, I call the great God Judge of all things in heaven and earth to wittness, that I doe not know of any thing relateive to this Country wherein I have acted unjustly, corruptly, or negligently in distributeing equall Justice to all men, and takeing all possible care to preserve their proprietys, and defend the from their barbarous enimies.
But for all this, perhapps I have erred in things I know not of, if I have I am soe conscious of humane frailty, and my owne defects, that I will not onely acknowledge them, but repent of, and amend them, and not like the Rebell Bacon persist in an error, onely because I have comitted itt, and tells me in diverse of his Letters that itt is not for his honnor to confess a fault, but I am of opinion that itt is onely for divells to be incorrigable, and men of principles like the worst of divells, and these he hath, if truth be reported to me, of diverse of his ex pressions of Atheisme, tending to take away all Religion and Laws.
And now I will state the Question betwixt me as a Governor and Mr. Bacon, and say that if any enimies should invade England, any Councellor Justice of peace or other inferiour officer, might raise what forces they could to protect his Majesties subjects, But I say againe, if after the Kings knowledge of this invasion, any the greatest peere of England, should raise forces against the kings prohibition this would be now, and ever was in all ages and Nations accompted \Jtreason\j.
Nay I will goe further, that though this peere was truly zealous for the preservation of his King, and subjects, and had better and greater abillitys then all the rest of his fellow subjects, doe his King and Country service, yett if the King (though by false information) should suspect the contrary, itt were \Jtreason\j in this Noble peere to proceed after the King's prohibition, and for the truth of this I appeale to all the laws of England, and the Laws and constitutions of all other Nations in the world, And yett further itt is declaired by this Parliament that the takeing up Armes for the King and Parliament is \Jtreason\j, for the event shewed that what ever the pretence was to seduce ignorant and well affected people, yett the end was ruinous both to King and people, as this will be if not prevented, I doe therefore againe declair that Bacon proceedeing against all Laws of all Nations modern and ancient, is Rebell to his sacred Majesty and this Country, nor will I insist upon the sweareing of men to live and dye togeather, which is \Jtreason\j by the very words of the Law.
Now my friends I have lived 34 yeares amongst you, as uncorrupt and dilligent as ever Governor was, Bacon is a man of two yeares amongst you, his person and qualities unknowne to most of you, and to all men else, by any vertuous action that ever I heard of, And that very action which he boasts of, was sickly and fooleishly, and as I am informed treacherously carried to the dishonnor of the English Nation, yett in itt, he lost more men then I did in three yeares Warr, and by the grace of God will putt myselfe to the same daingers and troubles againe when I have brought Bacon to acknowledge the Laws are above him, and I doubt not but by God's assistance to have better success then Bacon hath had, the reason of my hopes are, that I will take Councell of wiser men then my selfe, but Mr. Bacon hath none about him, but the lowest of the people.
Yett I must further enlarge, that I cannot without your helpe, doe any thinge in this but dye in defence of my King, his laws, and subjects, which I will cheerefully doe, though alone I doe itt, and considering my poore fortunes, I can not leave my poore Wife and friends a better legacy then by dyeing for my King and you: for his sacred Majesty will easeily distinguish betweene Mr. Bacons actions and myne, and Kinges have long Armes, either to reward or punish.
Now after all this, if Mr. Bacon can shew one precedens or example where such actings in any Nation what ever, was approved of, I will mediate with the King and you for a pardon, and excuce for him, but I can shew him an hundred examples where brave and great men have beene putt to death for gaineing Victorys against the Comand of their Superiors.
Lastly my most assured friends I would have preserved those Indians that I knew were howerly att our mercy, to have beene our spyes and intelligence, to finde out our bloody enimies, but as soone as I had the least intelligence that they alsoe were trecherous enimies, I gave out Commissions to distrOy them all as the Commissions themselves will speake itt.
To conclude, I have don what was possible both to friend and enimy, have granted Mr. Bacon three pardons, which he hath scornefully rejected, suppoaseing himselfe stronger to subvert then I and you to maineteyne the Laws, by which onely and Gods assisting grace and mercy, all men mwt hope for peace and safety.
I will add noe more though much more is still remaineing to Justifie me and condemne Mr. Bacon, but to desier that this declaration may be read in every County Court in the Country, and that a Court be presently called to doe itt, before the Assembly meet, That your approbation or dissattisfaction of this declaration may be knowne to all the Country, and the Kings Councell to whose most revered Judgments itt is submitted, Given the xxixth day of May, a happy day in the xxv"ith yeare of his most sacred Majesties Reigne, Charles the second, who God grant long and prosperously to Reigne, and lett all his good subjects say Amen.
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"Bacon's Declaration in the Name of the People (July 30, 1676)",30,0,0,0
The Declaracon of the People.
1.For haveing upon specious pretences of publiqe works raised greate unjust taxes upon the Comonality for the advancement of private favorites and other sinister ends, but noe visible effects in any measure adequate, For not haveing dureing this long time of his Gouvernement in any measure advanced this hopefull Colony either by fortificacons Townes or Trade.
2.For haveing abused and rendred contemptable the Magistrates of Justice, by advanceing to places of Judicature, scandalous and Ignorant favorites.
3.For haveing wronged his Majesties prerogative and interest, by assumeing Monopoly of the Beaver trade, and for haveing in that unjust gaine betrayed and sold his Majesties Country and the lives of his loyall subjects, to the barbarous heathen.
4.For haveing, protected, favoured, and Imboldned the Indians against his Majesties loyall subjects, never contriveing, requireing, or appointing any due or proper meanes of sattisfaction for theire many Invasions, robbories, and murthers comitted upon us.
5.For haveing when the Army of English, was just upon the track of those Indians, who now in all places burne, spoyle, murther and when we might with ease have distroyed them: who then were in open hostillity, for then haveing expressly countermanded, and sent back our Army, by passing his word for the peaceable demeanour of the said Indians, who imediately prosecuted theire evill intentions, comitting horred murthers and robberies in all places, being protected by the said ingagement and word past of him the said Sir William Berkeley, haveing ruined and laid desolate a greate part of his Majesties Country, and have now drawne themselves into such obscure and remote places, and are by theire success soe imboldned and confirmed, by theire confederacy soe strengthned that the cryes of blood are in all places, and the terror, and constimation of the peOple soe greate, are now become, not onely a difficult, but a very formidable enimy, who might att first with ease have beene distroyed.
6.And lately when upon the loud outcryes of blood the Assembly had with all care raised and framed an Army for the preventing of further mischeife and safeguard of this his Majesties Colony.
7.For haveing with onely the privacy of some few favorites, without acquainting the people, onely by the alteracon of a figure, forged a Comission, by we know not what hand, not onely without, but even against the consent of the people, for the raiseing and effecting civill warr and distruction, which being happily and without blood shed prevented, for haveing the second time attempted the same, thereby calling downe our forces from the defence of the fronteeres and most weekely expoased places.
8.For the prevencon of civill mischeife and ruin amongst ourselves, whilst the barbarous enimy in all places did invade, murther and spoyle us, his majesties most faithfull subjects.
Of this and the aforesaid Articles we accuse Sir William Berkeley as guilty of each and every one of the same, and as one who hath traiterously attempted, violated and Injured his Majesties interest here, by a loss of a greate part of this his Colony and many of his faithfull loyall subjects, by him betrayed and in a barbarous and shamefull manner expoased to the Incursions and murther of the heathen, And we doe further declare these the ensueing persons in this list, to have beene his wicked and pernicious councellours Confederates, aiders, and assisters against the Comonality in these our Civill comotions.
Sir Henry Chichley William Claiburne Junior
Lieut. Coll. Christopher Thomas Hawkins
Wormeley William Sherwood
Phillip Ludwell John Page Clerke
Robert Beverley John Cluffe Clerke
Richard Lee John West
Thomas Ballard Hubert Farrell
William Cole Thomas Reade
Richard Whitacre Matthew Kempe
Nicholas Spencer
Joseph Bridger
And we doe further demand that the said Sir William Berkeley with all the persons in this list be forthwith delivered up or surrender themselves within fower days after the notice hereof, Or otherwise we declare as followeth.
That in whatsoever place, howse, or ship, any of the said persons shall reside, be hidd, or protected, we declaire the owners, Masters or Inhabitants of the said places, to be confederates and trayters to the people and the estates of them is alsoe of all the aforesaid persons to be confiscated, and this we the Comons of Virginia doe declare, desiering a firme union amongst our selves that we may joyntly and with one accord defend our selves against the common Enimy, and lett not the faults of the guilty be the reproach of the inocent, or the faults or crimes of the oppressours devide and separate us who have suffered by theire oppressions.
These are therefore in his majesties name to command you forthwith to seize the persons above mentioned as Trayters to the King and Country and them to bring to Midle plantacon, and there to secure them untill further order, and in case of opposition, if you want any further assistance you are forthwith to demand itt in the name of the people in all the Counties of Virginia.
Nathaniel Bacon
Generall by Consent of the people.
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"Edward Randolph Condemns the Massachussetts Bay Company Before the Lords of Trade (June 12, 1683)",31,0,0,0
Articles of high misdemeanour exhibited against the Governor and Company of \JMassachusetts\j by Edward Randolph.
1.They execute the powers in their charter otherwise than as directed, and exceed them.
2.They have made laws repugnant to the laws of England, and have not repealed those objected to by Sir William Jones and Sir Francis Winnington as they promised.
3.They continue to raise money from non-freemen, contrary to the opinion of Sir Robert Sawyer.
4.They continue to exact an oath of fidelity to themselves, notwithstanding the King's orders to the contrary, and make such oath essential to the tenure of office and even freedom of the Company.
5.They have refused to the King's subjects the benefit of juries in trial of civil causes, and denied to such as were not of their persuasion copies of records to enable them to appeal to the King.
6.They have obstructed the execution of the Acts of Trade and Navigation, and refused to recognise many of them. They award executions against the King's officers in causes under appeal to the King, obstruct his officers in the discharge of their duty, refuse appeals to the King, and set up their own naval office in opposition to his.
They have made in October i68o an arbitrary order compelling the King's officers to deposit security in Court for a special Court, contrary to law and royal order, and have refused to repay such deposits when ordered by the King.
7.They impose customs on goods imported from England, though this was judged by Sir Robert Sawyer to be illegal. They have found against the King in all causes for seizure of ships in the face of clear evidence.
8.They opposed the King's Commissioners in 1664, notwithstanding their protestations of loyalty, prociaimed the General Court the supreme judicature of the Colony, received Goffe and Wha1ley, the regicides, with honour, and protected them.
9.They have not administered the oath of allegiance to the King to the inhabitants, though required by law and by their charter.
10.They have invaded the rights of the Duke of York, Lord High Admiral, by erecting an Admiralty Court of their own.
11.They discountenance and discourage members of the Church of England, forcing them under penalties to attend their meetings, and accounting all others unlawful assemblies.
12.They coin money, which their own Agent admitted to be a high crime, and, though pretending to beg the King's pardon for it, persisted therein.
13.They have committed divers other high crimes in contempt of the King and to the oppression of his subjects. Whereupon their Lordships, finding the Agents not duly impowred by their Commission to consent to such regulation of their Government as shall bee thought fit according to His Majesty's directions, Doe agree to Report that Mr. Attorney bee Ordered to bring a Quo Warranto against the Privileges of their Charter, And that such Papers and Evidencies as shall bee needful in this Case bee sent to Mr. Attorney for his better information therein.
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"Memoir for the Marquis de Seignelay Regarding the Dangers That Threaten Canada and the Means to Remedy Them (January 1687)",32,0,0,0
Canada is encompassed by many powerful Colonies of English who labor incessantly to ruin it by exciting all our Indians, and drawing them away with their peltries for which said English give them a great deal more merchandise than the French, because the former pay no duty to the King of England.
That profit attracts towards them, also, all our Coureurs de bois and French libertines who carry their peltries to them, deserting our Colony and establishing themselves among the English who take great pains to encourage them.
They employ these French deserters to advantage in bringing the Far Indians to them who formerly brought their peltries into our Colony, whereby our trade is wholly destroyed.
The English have begun by the most powerful and best disciplined Indians of all America, whom they have excited entirely against us by their avowed protection and manifest usurpation of the sovereignty they claim over the country of those Indians which appertains beyond contradiction to the King for nearly a century without the English having, up to this present time, had any pretence thereto.
They also employ the \JIroquois\j to excite all our other Indians against us. They sent those last year to attack the Hurons and the Outawas, our most ancient subjects; from whom they swept by surprise more than 75 prisoners, including some of their principal Chiefs; killed several others, and finally offered peace and the \Jrestitution\j of their prisoners, if they would quit the French and acknowledge the English.
They sent those \JIroquois\j to attack the Illinois and the Miamis, our allies, who are in the neighborhood of Fort Saint Louis, built by M. de La Salle on the Illinois River which empties into the River Colbert or Mississipi; those \JIroquois\j massacred and burnt a great number of them, and carried off many prisoners with threats of entire extermination if they would not unite with them against the French.
Colonel Dongan, Governor of New-York, has pushed this usurpation to the point of sending Englishmen to take possession, in the King of England's name, of the post of Mislimakinac which is a Strait communicating between Lake Huron and the Lake of the Illinois [Lake Michigan], and has even declared that all those lakes, including the River Saint Lawrence which serves as an outlet to them, and on which our Colony is settled, belong to the English.
The Reverend Father Lamberville, a French Jesuit who, with one of his brothers, also a Jesuit, has been 18 years a Missionary among the \JIroquois\j, wrote on the first of November to Chevalier de Callieres, Governor of Montreal, who informed the Governor-General thereof, that Colonel Dongan has assembled the Five \JIroquois\j Nations at Manatte where he resides, and declared to them as follows:
1st, That he forbids them to go to Cataracouy or Fort Frontenac and to have any more intercourse with French.
2d, That he orders them to restore the prisoners they, took from the Hurons and Outawacs, in order to attract these to him.
3d, That he is sending thirty Englishmen to take possession of Missilimakinak and the lakes, rivers and adjoining lands and orders the \JIroquois\j to escort them thither and to afford them physical assistance.
4th, That he has sent to recall the \JIroquois\j Christians belonging to the Mohawks who reside since a long time at the Saut Saint Louis, in the vicinity of the Island of Montreal, where they have been established by us, and converted by the care of our Reverend Jesuit Fathers, and that he would give them other land and an English Jesuit, to govern them.
5th, That he wishes that there should not be any Missionaries except his throughout the whole of the Five Nations of \JIroquois\j, and that the latter send away our French \JJesuits\j who have been so long established there.
6th, That if they are attacked by Monsieur de Denonville the latter will have to do with him.
7th, That he orders them to plunder all the French who will visit them; to bind them and bring them to him, and what they'll take from them shall be good prize.
The Iroquois-He accompanied his orders with presents to the Five \JIroquois\j Nations, and dispatched his thirty Englishmen, escorted by \JIroquois\j, to make an establishment at Missilirnakinak.
The \JIroquois\j plunder our Frenchmen every where they meet them, and threaten to fire their settlements which are much exposed and without any fortifications.
These measures, and the discredit we are in among all the Indians for having abandoned our allies in M. de la Barre's time, for having suffered them to be exterminated by the \JIroquois\j and borne the insults of the latter, render war again absolutely necessary to avert from us a general Indian Rebellion which would bring down ruin on our trade and cause eventually even the extirpation of our Colony.
War is likewise necessary for the establishment of the Religion, which will never spread itself there except by the destruction of the \JIroquois\j: so that on the success of hostilities, which the Governor-General of Canada proposes to commence against the \JIroquois\j on the 15th of May next, depends either the ruin of the Country and of the Religion if he be not assisted, or the Establishment of the Religion, of Commerce and the King's Power over all North America, if granted the required aid.
If men consider the Merit in the eyes of God, and the Glory and utility which the King will derive from that succor, it is easy to conclude that expense was never better employed since, independent of the salvation of the quantity of souls in that vast County to which His Majesty will contribute by establishing the faith there, he will secure to himself an Empire of more than a thousand leagues in extent, from the Mouth of the River Saint Lawrence to that of the River Mississippi in the Gulf of Mexico; a country discovered by the French alone, to which other Nations have no right, and from which great Commercial advantages, and a considerable augmentation of His Majesty's Revenues will eventually be derived.
The Marquis de Denonville, whose zeal, industry and capacity admit of no addition, requires a reinforcement of 1,500 men to succeed in his enterprise.
If less be granted him, success is doubtful and a war is made to drag along, the continuation of which for many years will be a greater expense to His Majesty than that immediately necessary to guarantee its success and prompt termination.
The \JIroquois\j must be attacked in two directions. The first and principal attack must be on the Seneca Nation on the borders of Lake \JOntario\j, the second, by the River Richelieu and Lake Champlain in the direction of she Mohawks.
Three thousand French will be required for that purpose. Of these there are sixteen companies which make 800 men and 800 drafted from the militia, 100 of the best of whom the Governor-General destines to conduct 50 canoes which will come and go incessantly to convey provisions.
Of the 3,000 French he has only one-half, though he boasts of more for reputation's sake, for the rest of the militia are necessary to protect and cultivate the farms of the Colony, and a part of the force must be employed in guarding the posts of Fort - Frontenac, Niagara, Tarento Missilimakinak so as to secure the aid he expects from the Illinois and from the other Indians, on whom, however, he cannot-rely unless he will be able alone to defeat the Five \JIroquois\j Nations.
The \JIroquois\j force consists of two thousand picked Warriors (d'elite) brave, active, more skilful in the use of the gun than our Europeans and all well armed; besides twelve hundred Mohegans (Loups), another tribe in alliance with them as brave as they, not including the English who will supply them with officers to lead them, and to intrench them in their villages.
If they be not attacked all at once at the two points indicated, it is impossible to destroy them or to drive them from their retreat, but if encompassed on both sides, all their plantations of Indian corn will be destroyed, their villages burnt, their women, children and old men captured and their warriors driven into the woods where they will be pursued and annihilated by the other Indians.
After having defeated and dispersed them, the winter must be spent in fortifying the post of Niagara, the most important in America, by means of which all the other Nations will be excluded from the lakes whence all the peltries are obtained; it will be necessary to winter troops at that and some other posts, to prevent the \JIroquois\j returning and reestablishing themselves there, and to people those beautiful countries with other Indians who will have served under us during this war.
As operations commence on the 15th of May, it is necessary to hasten the reinforcement and to send it off in the month of March next in order that it may arrive in season to be employed, and that it be accompanied by munitions of war and provisions, arms and other articles required in the estimates of the Governor-General and intendant of Canada.
The vast extent of this country and the inconveniences respecting the command which may occur during the war suggest the great necessity of appointing a Lieutenant- Governor over it, as well to command the troops there in the absence, and under the orders, of the Governor-General as to enforce these throughout all parts of the Colony beyond the Island of Montreal towards the great lakes which are at a considerable distance from Quebec.
The Marquis de Denonville who sees the necessity of establishing that office is of opinion that Chevalier de Callieres, Governor of the Island of Montreal, is eminently qualified for it by his application and industry in the King's service, and his experience in war, said Chevalier de Callieres having served twenty years with reputation in his Majesty's armies throughout the whole of his glorious campaigns.
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"Penn's Plan of Union (1697)",33,0,0,0
A brief and plain scheme how the English colonies in the North parts of America,viz., \JBoston\j, Connecticut, Rhode Island, New York, New Jerseys, \JPennsylvania\j, Maryland, Virginia, and Carolina,may be made more useful to the crown and one another's peace and safety with an universal concurrence.
1.That the several colonies before mentioned do meet once a year, and oftener if need be during the war, and at least once in two years in times of peace, by their stated and appointed deputies, to debate and resolve of such measures as are most advisable for their better understanding and the public tranquility and safety.
2.That, in order to it, two persons, well qualified for sense, sobriety, and substance, be appointed by each province as their representatives or deputies, which in the whole make the congress to consist of twenty persons.
3.That the king's commissioner, for that purpose specially appointed, shall have the chair and preside in the said congress.
4.That they shall meet as near as conveniently may be to the most central colony for ease of the deputies.
5.Since that may in all probability be New York, both because it is near the center of the colonies and for that it is a frontier and in the king's nomination, the governor of that colony may therefore also be the king's high commissioner during the session, after the manner of Scotland.
6.That their business shall be to hear and adjust all matters of complaint or difference between province and province. As, 1st, where persons quit their own province and go to another, that they may avoid their just debts, though they be able to pay them; 2nd, where offenders fly justice, or justice cannot well be had upon such offenders in the provinces that entertain them; 3rd, to prevent or cure injuries in point of commerce; 4th, to consider the ways and means to support the union and safety of these provinces against the public enemies.
In which congress the quotas of men and charges will be much easier and more equally set than it is possible for any establishment made here to do; for the provinces, knowing their own condition and one another's, can debate that matter with more freedom and satisfaction, and better adjust and balance their affairs in all respects for their common safety.
7.That, in times of war, the king's high commissioner shall be general or chief commander of the several quotas upon service against the common enemy, as he shall be advised, for the good and benefit of the whole.
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"King William of England Addresses Parliament on the French Question (December 31, 1701)",34,0,0,0
My Lords and Gentlemen; I promise myself you are met together full of that just sense of the common danger of Europe, and the resentment of the late proceedings of the French king, which has been so fully and universally expressed in the loyal and seasonable Addresses of my people.
The owning and setting up the pretended Prince of Wales for king of England, is not only the highest indignity offered to me and the nation, but does so nearly concern every man, who has a regard for the Protestant Religion, or the present and future quiet and happiness of his country, that I need not press you to lay it seriously to heart, and to consider what further effectual means may be used, for securing the Succession of the Crown in the Protestant line, and extinguishing the hopes of all Pretenders, and their open and secret abettors.
By the French king's placing his Grandson on the throne of \JSpain\j, he is in a condition to oppress the rest of Europe, unless speedy and effectual measures be taken. Under this pretence, he is become the real Master of the whole Spanish Monarchy; he has made it to be intirely depending on \JFrance\j, and disposes of it, as of his own dominions, and by that means he has surrounded his neighbours in such a manner, that, though the name of peace may be said to continue, yet they are put to the expence and inconveniencies of war.
This must affect England in the nearest and most sensible manner, in respect to our trade, which will soon become precarious in all the variable branches of it; in respect to our peace and safety at home, which we cannot hope should long continue; and in respect to that part, which England ought to take in the preservation of the liberty of Europe.
In order to obviate the general calamity, with which the rest of Christendom is threatened by this exorbitant power of \JFrance\j, I have concluded several Alliances, according to the encouragement given me by both houses of Parliament, which I will direct shall be laid before you, and which, I doubt not, you will enable me to make good.
There are some other Treaties still depending, that shall be likewise communicated to you as soon as they are perfected. It is fit I should tell you, the eyes of all Europe are upon this Parliament; all matters are at a stand, till your resolutions are known; and therefore no time ought to be lost. You have yet an opportunity, by God's blessing, to secure to you and your posterity the quiet enjoyment of your Religion and Liberties, if you are not wanting to yourselves, but will exert the ancient vigour of the English nation; but I tell you plainly, my opinion is, if you do not lay hold on this occasion, you have no reason to hope for another.
In order to do your part, it will be necessary to have a great strength at sea, and to provide for the security of our ships in harbour; and also that there be such a force at land, as is expected in proportion to the forces of our Allies.
Gentlemen of the House of Commons; I do recommend these matters to you with that concern and earnestness, which their importance requires. At the same time I cannot but press you to take care of the public credit, which cannot be preserved but by keeping sacred that maxim, that they shall never be losers, who trust to a Parliamentary security.
It is always with regret, when I do ask aids of my people; but you will observe, that I desire nothing, which relates to any personal expence of mine; I am only pressing you to do all you can for your own safety and honour, at so critical and dangerous a time; and am willing, that what is given, should be wholly appropriated to the purposes for which it is intended....
I should think it as great a blessing as could befall England, if I could observe you as much inclined to lay aside those unhappy fatal animosities, which divide and weaken you, as I am disposed to make all my subjects safe and easy as to any, even the highest offences, committed against me. Let me conjure you to disappoint the only hopes of our enemies by your unanimity.
I have shewn, and will always shew, how desirous I am to be the common father of all my people. Do you, in like manner, lay aside parties and divisions. Let there be no other distinction heard of amongst us for the future, but of those, who are for the Protestant Religion, and the present establishment, and of those, who mean a Popish Prince, and a French government.
I will only add this; if you do in good earnest desire to see England hold the balance of Europe, and to be indeed at the head of the Protestant interest, it will appear by your right improving the present opportunity.
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"Robert Beverley On Bacon's Rebellion (1704)",35,0,0,0
The occasion of this rebellion is not easy to be discovered: but `tis certain there were many things that concurred towards it. For it cannot be imagined, that upon the instigation of two or three traders only, who aimed at a monopoly of the Indian trade, as some pretend to say, the whole country would have fallen into so much distraction; in which people did not only hazard their necks by rebellion, but endeavored to ruin a governor, whom they all entirely loved, and had unanimously chosen; a gentleman who had devoted his whole life and estate to the service of the country, and against whom in thirty- five years experience there had never been one single complaint.
Neither can it be supposed, that upon so slight grounds, they would make choice of a leader they hardly knew, to oppose a gentleman that had been so long and so deservedly the darling of the people. So that in all probability there was something else in the wind, without which the body of the country had never been engaged in that insurrection.
Four things may be reckoned to have been the main ingredients towards this \Jintestine\j commotion, viz., First, The extreme low price of \Jtobacco\j, and the ill usage of the planters in the exchange of goods for it, which the country, with all their earnest endeavors, could not remedy.
Secondly, The splitting the colony into proprieties, contrary to the original charters; and the extravagant taxes they were forced to undergo, to relieve themselves from those grants. Thirdly, The heavy restraints and burdens laid upon their trade by act of Parliament in England. Fourthly, The disturbance given by the Indians. Of all which in their order.
First, Of the low price of \Jtobacco\j, and the disappointment of all sort of remedy, I have spoken sufficiently before. Secondly, Of splitting the country into proprieties.
King Charles the Second, to gratify some nobles about him, made two great grants out of that country. These grants were not of the uncultivated wood land only, but also of plantations, which for many years had been seated and improved, under the encouragement of several charters granted by his royal ancestors to that colony.
Those grants were distinguished by the names of the Northern and Southern grants of Virginia, and the same men were concerned in both. They were kept dormant some years after they were made, and in the year 1674 begun to be put in execution. As soon as ever the country came to know this, they remonstrated against them; and the assembly drew up an humble address to his majesty, complaining of the said grants, as derogatory to the previous charters and privileges granted to that colony, by his majesty and his royal progenitors.
They sent to England Mr. Secretary Ludwell and Colonel Park, as their agents to address the king, to vacate those grants. And the better to defray that charge, they laid a tax of fifty pounds of \Jtobacco\j per poll, for two years together, over and above all other taxes, which was an excessive burden.
They likewise laid amercements of seventy, fifty, or thirty pounds of \Jtobacco\j, as the cause was on every law case tried throughout the country. Besides all this, they applied the balance, remaining due upon accOunt Of the two shilling per hogshead, and fort duties, to this use. Which taxes and amercements fell heaviest on the poor people, the effect of whose labor would not clothe their wives and children.
This made them desperately uneasy, especially when, after a whole year's patience under all these pressures, they had no encouragement from their agents in England, to hope for remedy; nor any certainty when they should be eased of those heavy impositions.
Thirdly, Upon the back of all these misfortunes came out the act of 25 Car. II. for better securing the plantation trade. By this act several duties were laid on the trade from one plantation to another. This was a new hardship, and the rather, because the revenue arising by this act was not applied to the use of the plantations wherein it was raised: but given clear away; nay, in that country it seemed to be of no other use, but to burden the trade, or create a good income to the officers; for the collector had half, the comptroller a quarter, and the remaining quarter was subdivided into salaries; till it was lost.
By the same act also very great duties were laid on the fisheries of the plantations, if manufactured by the English inhabitants there; while the people of England were absolutely free from all customs.
Nay, though the oil, blubber and whale bone, which were made by the inhabitants of the plantations, were carried to England by Englishmen, and in English built ships, yet it was held to a considerable duty, more than the inhabitants of England paid.
These were the afflictions that country labored under when the fourth accident happened, viz., the disturbance offered by the Indians to the frontiers. . . .
This addition of mischief to minds already full of discontent, made people ready to vent all their resentment against the poor Indians. There was nothing to be got by \Jtobacco\j; neither could they turn any other manufacture to advantage; so that most of the poorer sort were willing to quit their unprofitable employments, and go volunteers against the Indians.
At first they flocked together tumultuously, running in troops from one plantation to another without a head, till at last the seditious humor of Colonel Nathaniel Bacon led him to be of the party. This gentleman had been brought up at one of the Inns of court in England, and had a moderate fortune.
He was young, bold, active, of an inviting aspect, and powerful elocution. In a word, he was every way qualified to head a giddy and unthinking multitude. Before he had been three years in the country, he was, for his extraordinary qualifications, made one of the council, and in great honor and esteem among the people.
For this reason he no sooner gave countenance to this riotous mob, but they all presently fixed their eyes upon him for their general, and accordingly made their addresses to him. As soon as he found this, he harangued them publicly. He aggravated the Indian mischiefs, complaining that they were occasioned for want of a due regulation of their trade.
He recounted particularly the other grievances and pressures they lay under, and pretended that he accepted of their command with no other intention but to do them and the country service, in which he was willing to encounter the greatest difficulties and dangers.
He farther assured them he would never lay down his arms till he had revenged their sufferings upon the Indians, and redressed all their other grievances.
By these insinuations he wrought his men into so perfect an unanimity, that they were one and all at his devotion. He took care to exasperate them to the utmost, by representing all their misfortunes. After he had begun to muster them, he dispatched a messenger to the governor, by whom he aggravated the mischiefs done by the Indians, and desired a commission of general to go out against them.
This gentleman was in so great esteem at that time with the council, that the governor did not think fit to give him a flat refusal; but sent him word he would consult the council, and return him a farther answer.
In the mean time Bacon was expeditious in his preparations, and having all things in readiness, began his march, depending on the authority the people had given him. He would not lose so much time as to stay for his commission; but dispatched several messengers to the governor to hasten it.
On the other hand, the governor, instead of a commission, sent positive orders to him to disperse his men and come down in person to him, upon pain of being declared a rebel.
This unexpected order was a great surprise to Bacon, and not a little trouble to his men. However, he was resolved to prosecute his first intentions, depending upon his strength and interest with the people. Nevertheless, he intended to bait upon the governor, but not altogether defenceless.
Pursuant to this resolution, he took about forty of his men down with him in a sloop to Jamestown, where the governor was with his council.
Matters did not succeed there to Mr. Bacon's satisfaction, wherefore he expressed himself a little too freely. For which, being suspended from the council, he went away again in a huff with his sloop and followers.
The governor filled a long boat with men, and pursued the sloop so close, that Colonel Bacon moved into his boat to make more haste. But the governor had sent up by land to the ships at Sandy Point, where he was stopped and sent down again.
Upon his return he was kindly received by the governor, who, knowing he had gone a step beyond his instructions in having suspended him, was glad to admit him again of the council; after which he hoped all things might be pacified.
Notwithstanding this, Colonel Bacon still insisted upon a commission to be general of the volunteers, and to go out against the Indians; from which the governor endeavored to dissuade him, but to no purpose, because he had some secret project in view.
He had the luck to be countenanced in his importunities, by the news of fresh murder and robberies committed by the Indians. However, not being able to accomplish his ends by fair means, he stole privately out of town; and having put himself at the head of six hundred volunteers, marched directly to Jamestown, where the assembly was then sitting.
He presented himself before the assembly, and drew up his men in battalia before the house wherein they sat. He urged to them his preparations; and alledged that if the commission had not been delayed so long, the war against the Indians might have been finished.
The governor resented this insolent usage worst of all, and now obstinately refused to grant him anything, offering his naked breast against the presented arms of his followers. But the assembly, fearing the fatal consequences of provoking a discontented multitude ready armed, who had the governor, council and assembly entirely in their power, addressed the governor to grant Bacon his request.
They prepared themselves the commission, constituting him general of the forces of Virginia, and brought it to the governor to be signed.
With much reluctancy the governor signed it, and thereby put the power of war and peace into Bacon's hands. Upon this he marched away immediately, having gained his end, which was in effect a power to secure a monopoly of the Indian trade to himself and his friends.
As soon as General Bacon had marched to such a convenient distance from Jamestown that the assembly thought they might deliberate with safety, the governor, by their advice, issued a proclamation of rebellion against him, commanding his followers to surrender him, and forthwith disperse themselves, giving orders at the same time for raising the militia of the country against him.
The people being much exasperated, and General Bacon by his address and eloquence having gained an absolute dominion over their hearts, they unanimously resolved that not a hair of his head should be touched, much less that they should surrender him as a rebel.
Therefore they kept to their arms, and instead of proceeding against the Indians they marched back to Jamestown, directing their fury against such of their friends and countrymen as should dare to oppose them. . . .
By this time the governor had got together a small party to side with him. These he furnished with sloops, arms and ammunition, under command of Major Robert Beverley, in order to cross the bay and oppose the malcontents. By this means there happened some skirmishes, in which several were killed, and others taken prisoners.
Thus they were gomg on by a civil war to destroy one another, and lay waste their infant country, when it pleased God, after some months' confusion, to put an end to their misfortunes, as well as to Bacon's designs, by his natural death. He died at Dr. Green's in \JGloucester\j county. But where he was buried was never yet discovered, though afterward there was great inquiry made, with design expose his bones to public infamy.
In the meanwhile those disorders occasioned a general neglect of husbandry, and a great destruction of the stocks Of \Jcattle\j, so that people had a dreadful prospect want and \Jfamine\j. But the malcontents being thus disunited by the loss of their general, in whom they all confided, they began to squabble among themselves, and every man's business was, how to make the best terms he could for himself.
Lieutenant General Ingram (whose true name was Johnson) and Major General Walklate, surrendered, condition of pardon for themselves and their followers though they were both forced to submit to an incapacity of bearing office in that country for the future.
Peace being thus restored, Sir William Berkeley returned to his former seat of government, and every man to his several habitation. . . .
When this storm, occasioned by Bacon, was blown over, and all things quiet again, Sir William Berkeley called an assembly, for settling the affairs of the country, and for making reparation to such as had been oppressed After which a regiment of soldiers arrived from England, which were sent to suppress the insurrection; but they, coming after the business was over, had no occasion to exercise their courage. . . .
With the regiment above mentioned arrived commissioners, to enquire into the occasion and authors of this rebellion; and Sir William Berkeley came to England: where from the time of his arrival, his sickness obliged him to keep his chamber till he died; so that he had no opportunity of kissing the king's hand.
But his majesty declared himself well satisfied with his conduct in Virginia, and was very kind to him during his sickness, often enquiring after his health, and commanding him not to hazard it by too early an endeavor to come to court.
Act Relating to the Biennial and Other Assemblys and Regulating Elections and Members.
I. Whereas His Excellency the Palatine and the rest of the true and Absolute Lord's Proprietors of Carolina, having duely considered the priviledges and immunities wherewith the Kingdom of Great Brittain is endued and being desirous that this their province may have such as may thereby enlarge the Settlement and that the frequent sitting of Assembly is a principal, safeguard of their People's priviledges, have thought fit to enact.
And Be It Therefore Enacted by the said Pallatine and Lords Pro prietors by and with the advice and consent of this present Grand Assembly now met at Little River for the North East part of the said province:
II. And it is Hereby Enacted that for the due election and Constituting of Members of the Biennial and other Assemblys it shall be lawfull for the Freemen of the re spective precincts of the County of Albemarle to meet the first Tuesday in September every two years in the places hereafter mentioned....
III. And Be It Further Enacted that it is and may be lawfull for the inhabitants and freemen in each Precinct in every other County or Counties that now is or shall be hereafter erected in this Government aforesaid to meet as aforesaid at such place as shall be judged most convenienient by the Marshall of such county, unless he be otherwise ordered by the special commands of the Governor or Commander in Chief to choose two freeholders out of every precinct in the county aforesaid to sit and vote in the said Assembly.
IV. And Be It Further Enacted that the Burgesses so chosen in each precinct for the Biennial Assembly shall meet and sitt the first Monday in November then next following, every two years, at the same place the Assembly last satt except the Pallatines Court shall by their proclamation published Twenty days before the said meeting ap point some other place and there with the consent and concurrence of the Pallatine Court shall make and ordain such Laws as shall be thought most necessary for the Good of this Government.
Provided allways and neverthe less that the Powers granted to the Lord's Proprietors from the Crown of Calling, proroguing and dissolving Assemblys are not hereby meant or intended to be invaded, limited or restrained.
V. And It Is Hereby Further Enacted by the Authority aforesaid that no person whatsoever Inhabitant of this Government born out of the allegiance of His Majesty and not made free; no Negroes, Mulattoes, Mustees or Indians shall be capable of voting for Members of Assembly; and that no other person shall be allowed or admitted to vote for Members of Assembly in this Government unless he be of the Age of one and twenty years and has been one full year in the Government and has paid one year's levy preceding the Election.
VI. And Be It Further Enacted that all persons offering to vote for Members of Assembly shall bring a list to the Marshall or Deputy taking the Pole containing the names of the persons he votes for and shall subscribe his own name or cause the same to be done: And if any such person or persons shall be suspected either by the Marshall or any of the candidates not to be qualified according to the true intent and meaning of this Act, then the Marshall Deputy Marshall, or other Officer that shall be appointed to take and receive such votes and listshall have power to administer an oath or attestation to every such suspected person of his qualification and ability to choose Members of Assembly and whether he has not before given in his list at that Election.
VII. And Be It Further Enacted that Every Officer or Marshall which shall admit of or take the vote of any per son not truly qualified according to the purport and meaning of this Act (provided the objection be made by any candidate or Inspector) or shall make undue return of any person for Member of Assembly shall forfeit for such vote taken, so admitted and for such Return Twenty pounds to be employed for and towards the building of any Court House, Church or Chapel as the Governor for the time being shall think fitt; but if no such building require it then to the Lord's Proprietors and Twenty Pounds to each person which of right and majority of votes ought to have been returned: to be recovered by Action of Debt, Bill, Plaint or Information in any Court of Record in this Government wherein no Essoign Wager of Law or Protection shall be allowed or admitted.
VIII. And Be It Further Enacted that every Marshall or Officer whose business and duty it is to make returns of Elections of Members of Assembly, shall attend the Assembly the first Three days of their sitting (unless he have leave of Assembly to depart) to inform the Assembly of all matters and disputes as shall arise about Elections and shall show to the Assembly the List of the Votes for every person returned and have made complaints of false returns to the Assembly; every Marshall or other Officer as aforesaid which shall deny or refuse to attend as aforesaid shall forfeit the sum of Twenty pounds to be recovered and disposed of in such manner and form as the Forfeitures before by this Act appointed.
IX. And Be It Further Enacted that whatsoever Member or Representative so elected as aforesaid shall faile in making his personal appearance and giving his attendance at the Assembly precisely on the day limited by the Writt (or on the day appointed for the meeting of the Biennial Assembly, when the election is for the Biennial Assembly) shall be fined for every day's absence during the sitting of the Assembly (unless by disability or other impediment to be allowed by the Assembly) Twenty Shillings to be levied by a Warrant from the Speaker and to be applied to such uses as the Lower House of Assembly shall think fitt.
X. And Be It Further Enacted that every member of Assembly that shall be elected as aforesaid after the Ratifying of this Act shall not be qualified to sitt as a Member in the House of Burgesses before he shall willingly take the Oath of Allegiance and Supremacy the Adjuration Oath and all such other Oathes as shall be ordered and directed to be taken by the Members of Parliament in Great Britain.
XI. And Be It Further Enacted that the quorum of the House of Burgesses for voting and passing of Bills shall not be less than one full half of the House and that no Bills shall be signed and Ratified except there be present Eight of the Members whereof the Speaker to be one.
And in case that eight Members shall meet at any Assembly those eight shall have full power to adjourn from day to day till a sufficient number can assemble to transact the Business of the Government.
Courtesy of \IUS Historical Documents Archive\i
#
"Massachusetts House of Representatives on the Governor's Salary (September 11, 1728)",37,0,0,0
Whereas His Excellency the Governour at the opening of this present Session laid before this Court His Majesties 23d Instruction which relates to a stated Salary instead of the ordinary Allowances which by the former Method and Practice of this Court has been from time to time made for the Support of the Governour (which Instruction is entered at large in the Journal of this House, p. 2).
The House after Consideration had thereon proceeded in their usual way of an Allowance, and granted the Sum of Seventeen Hundred Pounds to His Excellency the Governour to enable Him to manage the publick Affairs of the Government, and defrey his Charge in coming here, assuring His Excellency that although the House had not fixed a stated Salary for His Excellency, yet that an ample and honourable Allowance would from time to time be made to enable Him to manage the publick Affairs, and that the said Grant was made as an earnest thereof.
His Excellency in His Message to the House informed them that He was utterly disabled from consenting to the Resolve for that Grant, it being contrary to His Majesties Instruction: Whereupon the House chose a Committee to join with a Committee of the Honourable Board to prepare a proper Answer to the said Message; and pursuant to a Message from the Board, as entered (p. 18) purporting that they had not yet passed upon the Report of the Committee in answer to His Excellency's Message, apprehending it necessary even from the tenour of the said Report for this Court to make a new Grant, the former Grant not having been accepted, The House proceeded to resolve, That the Sum of Fourteen Hundred Pounds be paid to His Excellency the Governour to enable him to manage the Affairs of the Government, and the Sum of Three Hundred Pounds to defrey his Charges in coming, and chose a Committee to consider the Report of the Committee on His Excellency's Message to both Houses, with the Vote of the Honourable Board who reported thereon, as entered (p. 23) assuring His Excellency of the readiness of this Court improve the Powers vested in them by the Royal CHARTER of imposing and levying proportionable and reason able Rates and Taxes, and disposing of the same in providing for His ample and honourable Support, and praying His Excellency's Acceptance of the Grant then made and therewith presented, which Report was accepted by the House, and together with the two Votes, viz., Fourteen Hundred and Three Hundred Pounds was sent up for Concurrence; His Excellency returned an Answer declaring that a Support given in such a precarious manner as has been usual here could not possibly be Honourable because it implied no sort of Confidence in the Government, and made the Support of it visibly depend on an entire Compliance with every thing demanded by the other Branches of the Legislature etc., and that he could never accept of a Grant of this kind.
Upon which a Committee of both Houses was appointed to consider and report on His Excellency's Message, who reported thereon (as entered p. 31, 32, 33) therein alledging that the CHARTER impowers the General Assembly to raise Money for the Support of the Government according to such wholesome and reasonable Laws as they should judge to be for the good and welfare of the Province, and that it was against the Design of the Power so vested in them for the Court to pass any Acts pursuant to that Instruction, apprehending that the passing of such Acts had a direct tendency to weaken if not destroy our happy Constitution, by our giving away the great and almost only Priviledge that gives Weight to the House of Representatives, which is the making Grants of Money as the exigence of Affairs requires; which Report was accepted by the House but not by the Board, The Vote of the Board for Non-Acceptance of the said Report was accompanied with a Draft of an Answer to His Excellency's Message, sent down for Concurrence, which Draft altho' t recites the Opinion of the Board that the great End proposed in the Power granted by the Royal CHARTER would be best answered without establishing a fixed Salary, yet the House apprehending that the said Draft was in many respects deficient did non-concur the same, and then proceeded to put the Question with a Preamble, Whether passing an Act for fixing a Salary on the Governour or Commander in Chief for the time being would not be hurtful to the Inhabitants of this Province, and therefore contrary to the plain End and Design of the Power vested in them by the Royal CHARTER which is to make whole some and reasonable Orders and Laws as they shall judge to be for the good and welfare of the Province? Which was Resolved in the Affirmative, and sent up for Concurrence, and was sent down again with a Message from the Board that they thought it improper and unsafe to pass on the Question, for that it was not only expressed in doubtful terms, but the method of Resolving matters of such a Nature by answering Questions is inconvenient and altogether new and without precedent.
The House then passed it into a Vote viz., That passing such an Act will be dangerous to the Inhabitants of this Province etc., which they sent up for Concurrence; The Board Non-Concurred the Vote, adding that they apprehended that a Salary might be granted for a certain time to His Excellency our present Governour without danger to the Province.
The House ordered that a Conference should be had with the Honourable Board on the subject matter of the said Vote which was attended, and the House observing that it was alledged by the Board that they could not concur in said Vote, in as much as it was said in the Preamble thereof that the Council and Representatives had granted an ample and honourable Support for the Governour, which the Board could not say because it was not expressed for what time the Sum was granted; there upon being returned to their own Chamber, the House sent up the Vote for Concurrence leaving out the Preamble.
The Board sent down the Vote concurred with the Amendment which with the said Ainendment stands thus, Voted, That the passing an Act for fixing a Salary on the Governour or Commander in Chief without Limitation of time may prove of ill Consequence to this Province: Which was read and non-concurred, and the House adhered to their own Vote, and sent it up for Concurrence.
The Board Non Concurred the Vote of the House and insisted on their own Vote. The House having passed a Resolve for the Supply of the Treasury sent a Message to His Excellency desiring they might rise. His Excellency signified in Answer the that He could not agree to a Recess `till His Majesties 23d Instruction was complied with.
The House made Reply renewing their desire to Rise; His Excellency sent a Message urging a Compliance. The House sent a Message to His Excellency expressing the Reasons why they could not in Faithfulness to their Country come into a fixed Salary, ardently moving that they might be permitted to return to their several homes.
His Excellency sent a Message in Reply in the Conclusion whereof he put the House upon considering what advances they could make towards a Compliance; His Excellency's Message being read and debated on, The Question was put, Whether the House would take under Consideration the setling a temporary Salary? and it passed in the Negative.
And then the Question was put, Whether the House with Safety to the People they represent could come into any other Method for Supporting the Governour than what had been heretofore practiced?
It passed in the Negative. The House renewed their Desire to Rise, and received His Excellency's Answer, assuring them that unless His Majesties Pleasure had its due Weight with them, their Desires would have very little with Him. On Saturday the Honourable Board sent down for Concurrence a Vote of Council that it was expedient for this Court now to ascertain a Sum as a Salary for His Excellency's Support, as also the term of Time for the Continuance of the same which was Non-Concurred.
Now although we have after the best manner we are capable of thinking or acting for the publick Good come into the many Votes and Resolutions beforementioned, and with a pure and sincere desire aimed at the Weal and Prosperity of this Province, and are still fully of the same mind, yet whereas several Members have desired to know the Minds of their Principals, therefore this House to prevent any Misrepresentations that may be made to the several Towns in this Province have concluded upon this Account of the Proceedings in this Affair and the Reasons and Grounds thereof to be transmitted to the several Towns by their Representatives, if they see cause, from whence it may plainly appear that we dare neither come into an Act for fixing a Salary on the Governour for ever, nor for a limited time, viz.
1. Because it is an untrodden path which neither we nor our Predecessors have gone in, and we cannot certainly foresee the many Dangers there may be in it, and we must depart from that way which has been found safe and comfortable.
2. Because it is the undoubted Right of all English men by Magna Charta to raise and dispose of Moneys for the publick Service of their own free accord without any Compulsion.
3. Because this must necessarily lessen the Dignity and Freedom of the House of Representatives in making Acts and raising and applying Taxes etc., and consequently cannot be thought a proper method to preserve that Ballance in the three Branches of the Legislature, which seems necessary to form maintain and uphold our Constitution.
4. Because the CHARTER fully impowers the General Assembly to make such Laws and Orders as they judge for the good and welfare of the Inhabitants; and if they or any part of them judge this not to be for their good, they neither ought nor can come into it, for, as to act beyond, or without the Powers granted in the CHARTER, might justly incur the Kings Displeasure; so not to act up and agreable to those Powers might justly be deemed a betraying the Rights and Priviledges therein granted: Moreover if we should now give up this Right, we shall open a Door to many other Inconveniencies.
Courtesy of \IUS Historical Documents Archive\i
#
"Governor Burnet of Massachusetts on the Governor's Salary (September 17, 1728)",38,0,0,0
Gentlemen of the House of Representatives,
I Thought it proper to delay answering your Message of the 12th Instant, in which you desired to Rise that you might advise with your Towns, till I had seen the Draught which you had accepted as what might be necessary to advise the Towns how far the Court had proceeded in the matter of a Salary to the Governour; for by your Vote of the 7th appointing a Committee to draw it up, you seemed to allow that your own going home would be needless since you resolved to transmit to them what might be necessary, and since upon that they might if they pleased send you Directions how to act for them.
But you have now carried the thing much further, for you conclude, that you dare neither come into an Act for fixing a Salary on the Governour for ever, nor for a limited time, what then can it signify to know the minds of your Principals and advise with your Towns since you dare not take their Advice, if it should differ from your own Opinion, all your meaning therefore can only be that you would go home to give Advice to your Towns, but that you are fully resolved to take none from them, which is not a very respectful Treatment of those who have Chosen you to represent them: You say, That the House to prevent any Misrepresentations that may be made to the several Towns in this Province have concluded upon this Account of the Proceedings in this Affair, and of the Grounds and Reasons thereof; It were to be wished you had pursued this Design impartially, instead of which you have set forth the Strength of the Argument on one side and concealed it on the other, so that your Account can only serve to misinform those who rely upon it, and this the generality of People in the Country will naturally do, if they are not warned of their Danger of being misled, for it cannot be supposed that they will have the time or take the pains to compare it with the pages of the Votes as they are cited, but will of course expect that you have taken all that is material out of them.
Now as this has not been done, I thought my self obliged in Justice to the publick, to point out the defects and mistakes of this Account, and to set the matter once more in a true Light, that as you have found your selves at a loss to give any Reply to my long Message of the 3d Instant, you may have as little success in your design of filling the minds of the People with the same wrong Notions, which have already been and are so easy to be confuted.
In the very beginning you omit taking any notice at all of my Speech in which I observed, That Parliaments had made it a Custom to grant the Civil List to the King for Life, and that the same Maxims that made Great Britain shine would make you flourish.
You begin with His Majesties 23d Instruction (p. 2) where you omit mentioning, That His Majesty had declared your Compliance necessary to preserve his favour and your not shewing an immediate regard to his Pleasure therein an undutiful Behaviour, which would oblige Him to lay the Affair before the Legislature at home, but when you come to your own first Resolve (p. 6) to grant 1700 l., you insert it at length and almost word for word; then again when you come to my Message (p. 11) you only say that I informed you that I was utterly disabled from consenting to the Resolve of that Grant, it being contrary to His Majesties Instruction, but you should have mentioned my Reason, because it was the very thing against which this Instruction was levelled as done in order to keep the Governour the more dependent on the Council and Representatives; just after you give a very particular Account of your Proceedings with the Council and your second Grant, and your Message with it (p. 18, 22, 23) and then you give a short account of the Allegations of my Message (p. 28) omitting what I insisted on to support and prove them, viz.,That Gentlemen knew in their Consciences that the Allowances for the Governour's Salary had been kept back till other Bills of moment had been consented to; you had once put off this Charge with a turn as if Salarys always looked forward, but as I have since shewn this to be plainly contrary to the proceedings of last Winter, you now very prudently say nothing at all about it, nor what gave occasion to it.
The next thing you mention is a draught of your own (p. 31, 32, 33) which was never offered to me, and consequently not answered, and therefore you find it convenient to give some account of it in this place; whereas you say but a word or two of a like Paper delivered to me, after wards (p. 52, 53) which contains much the same matter with this draught, and not one word of the Contents of my Reply to it (p. 55, 56, 57) except something of the Conclusion, which Reply was so full that you have thought fit to drop the Dispute upon it; and so that you might mention your own Arguments without being discovered to conceal my Answers, you bring them in only on this former Occasion, but I will restore them to their proper place, and go on in order to observe, that you give all the particulars of a Dispute you had with the Council at full length (p. 35, 33, 39, 41, 42, 43) and then at once grow very short again when you come to mention any thing that came from me; you just say of my Answer to your Message (p. 47) that I signified I could not agree to a Recess 'till His Majesties 23d Instruction was complied with, without mentioning a very short and strong reason which I had given for it, because I should thereby make your immediate Regard to His Majesties Pleasure impossible; then you run over your Reply (p. 49) and my Message (p. 50) and your Message with Reasons (p. 52, 53) and my Reply (p. 55, 56, 57) with such precipitation (tho' the last were the two longest Papers that had passed between us) that one would think you were unwilling to have them read and considered, which, as it has a quite different effect with me I am willing to stop a little where you are so much in a hurry, and shew in this place that all that you mentioned before out of your draught (p. 31, 32, 33) is sufficiently answered in a few words of my Reply (p. 55, 56, 57) as follows, I cannot see why you apprehend that passing Acts pursuant to the Instruction has a direct tendency to weaken your happy Constitution especially since you now acknowledge what I had formerly observed, that each Branch of the Legislature (and consequently the Governour) ought to be enabled to support his own Dignity and Freedom, which is all that is intended by the Instruction.
After that you are got beyond this long Reply of mine, which you make so much haste to pass by, then you are at leisure to give an ample Account of your own proceedings (p. 58) and afterwards of the latter part of my Answer (p. 59) which you insert at length, but think proper to say nothing 6f the beginning of it, where I informed you that I thought my Duty would not permit me to agree to a Recess, and where I make a kind of Appeal to you by saying that I had given you my Reasons and answered all your Objections; to which you never replied, and yet you seem not to desire that the Country should know that the Dispute remains in such a state as will incline every impartial person to believe that I have Truth and Justice on my side.
You finish your Narrative with mentioning your last difference with the Council (p. 62) and then although you had already brought together every Circumstance that you thought made for you, and omitted what seemed to make most strongly against you: You seem still apprehensive that People may not be enough prejudiced in your Favour, and therefore you conclude all with four Reasons at length, which contain the substance of your former Allegations, as if they were unanswerable, or at least had never been answered, whereas in Fact I have given a sufficient Reply to every thing contained in them, and there fore it would have been no more than a piece of Justice to me to have set down the substance of my Answers as fully as the Reasons themselves, but since that is not done as I might have expected, I think it necessary to do it my self in the fairest manner, by first repeating your Grounds and Reasons word for word, from whence you say it may plainly appear, that you dare neither come into an Act for fixing a Salary on the Governour for ever, nor for a limited time.
1st. Because it is an untrodden path which neither you nor your Predecessors have gone in, and you cannot certainly foresee the many dangers there may be in it, and you must depart from that way which has been found safe and comfortable. In answer to this I have already shewn (p. 50) that the same methods which are found no ways to \Jprejudice\j the Rights and Liberties of the People of Great Britain nor of other Colonys cannot \Jprejudice\j those of this Province; and again upon your replying, That the British Constitution differed from yours in many respects, I said (p. 56) That I took the chief difference to have been in the use made of the Constitution, which has been no ways to your advantage for by Great Britain's keeping up to the Constitution publick Credit still continues at the height, notwithstanding the vast Charges and Debts of the Nation; but with you Credit has fallen lower and lower in an amazing manner and this has proceeded plainly from the want of a sufficient Check in the other Branches of the Legislature to the sudden and unadvised Measures of former Assemblies.
By this you might have seen how safe and comfortable your way of Granting Allowances so as to keep the Governour dependent has been, since it produced nothing less than the Fall of publick Credit. But since you seem not to be satisfied with what has been already observed against your first Reason, I must remind you that your lessening Governour Shute's Salary in pursuance of this Way of making Allowances as you please from time to time, was no slender motive of his going home, and complaining of the divers Incroachments on the King's Prerogative committed by the House of Representatives, and that upon a Hearing of Seven Articles of his Charge, the Council for the House of Representatives expressly declared, that they did not insist upon, or claim on the behalf of the House of Representatives any Right or Authority in the Matters charged upon them by the 1st, 3d, 5th, 6th, and 7th.
And that His late Majesty in Council ordered an Explanatory Charter to be granted upon the 2d and 4th Articles, with this Conclusion, That if such Explanatory Charter shall not be accepted, and a just regard shewed to His Majesties Royal Prerogative by the House of Representatives for the future in all the particulars aforesaid, it may be proper for the Consideration of the Legislature what further Provision may be necessary to support and preserve His Majesties just Authority in this Province, and prevent such presumptuous Invasions for the future: So safe was your Way that it helped in a great measure to bring this Complaint upon the House, which ended in obliging those who appeared for you to a Confession to many of your illegal Proceedings, and in putting you under a necessity of accepting an Explanatory Charter, that your former One might not be brought into Parliament, where Mr. Agent. Dimmer's Letter, which I sent to you on the 12th Instant shews plainly enough, what Fate it was like'4o have undergone.
What Comfort this Way may have given to those then employed by the Country I shall not determine, but all the Comfort the People had from it was an immense Charge without succeeding in any one particular. I hope by this time I have sufficiently shewn, how safe and comfortable your usual Way has been.
I come now to your 2d Reason, 2dly. Because it is the undoubted Right of all English men by Magna Charta to raise and dispose of Moneys for the publick Service of their own free accord without Compulsion.
To this it has been answered (p. 28) that the Right of Englishmen can never entitle them to act in a wrong manner, and therefore the Priviledge in your CHARTER to raise Money for the Support of the Government is therein expressed to be by wholesome and reasonable Laws and Directions, and consequently not by such as are hurtful to the British Constitution, and that by your usual Way the Governour must either be deprived of the undoubted Right of an Englishman, which is to act according to his Judgment, or the Government must remain without Support; and again (p. 56) I produced to you an undeniable Instance of the House's making use of this Way last Winter in order to compel the Lieut. Governour to a Compliance, so that I have proved that you have done the very thing you here complain of. But I may again call upon you to shew where the Compulsion lies: Is waiting with patience `till you shew a due Regard to His Majesties Pleasure any Compulsion? is not His Majesties Favour free to be continued or withdrawn as well as you are free to raise or not to raise Money?
And is not the Governour as free to keep the Court setting or not as he judges proper? But I must repeat to you what I observed to you before (p. 57) That you seem to allow the Governour's Powers only so far as he uses them according to your Pleasure, but in using your own Powers you take it very ill to be directed by any Body.
Your 3d Reason is, 3dly. Because this must necessarily lessen the Dignity and Freedom of the House of Representatives in making Acts and raising and applying Taxes etc., and consequently cannot be thought a proper Method to preserve that Ballance in the three Branches of the Legislature which seems necessary to form maintain and uphold your Constitution.
In answer to this I have already observed (p. 56) That the fall of Credit here has proceeded from the want of a sufficient Check in the other Branches of the Legislature to the sudden and unadvised Measures of former Assemblies, so that if ever you hope to come near the Happiness of Great Britain it must be by supporting those parts of the Legislature which of late have been too much depressed, but are in themselves necessary to guard the Liberties and Properties of the Inhabitants as well as the House of Representatives.
I have shewn (p. 57) that you cannot be in earnest when you say, that other things which depend on a Governour are vastly more than a Counterballance to his Support or Subsistence, and just after you cast an odious Aspersion on an undoubted Branch of the Power lodged with the Governour, which is to keep the Court together as long as he thinks the publick Affairs require it.
I will only add now that all the World will think it very odd in you to talk of the Danger of not preserving the Ballance in the three Branches of the Legislature while you have a majority of three to one in the Choice of the Council, and while you leave but Five Hundred Pounds to be disposed of by the Governour and Council during a Recess.
Your 4th Reason is, 4thly. Because the CHARTER fully impowers the General Assembly to make such Laws and Orders as they shall judge for the good and welfare of the Inhabitants, and if they or any part of them judge this not to be for their good they neither ought nor can come into it, for as to act beyond or without the Powers granted in the CHARTER might justly incur the Kings Displeasure, so not to act up and agreeable to those Powers might justly be deemed a betraying the Rights and Priviledges therein granted: More over, if you should now give up this Right you should open a Door to many other Inconveniences.
In answer to this I must remind you, that I observed (p. 57) That as I was still of Opinion that as you have acted upon mistaken Notions, I could not give over hopes of your coming to see things in that true Light in which I flattered my self I had stated the Point in Question.
I may again renew my Appeal, whether I have not answered all your Objections, and if so, then how can I think that you have reason to judge the fixing a Salary not to be for your good; a bare assertion of that kind without proof can go for nothing with the publick, and it must always be supposed that any stiffness that has no real foundation will go off in time.
But to cut off all pretence as if the Granting what is now proposed were against the Powers of your CHARTER, I will set down the words of the Statute of the 25th of Edward the first, King of England, Chap. 6, Entitled a Confirmation of the Great Charter, That for no Business from henceforth we shall take such manner of Aids, Tasks nor Prices, but by the common assent of the Realm, and for the common Profit thereof, saving the ancient Aids and Prices due and accustomed.
I will likewise set down the words of the Statute of the 34th of the same King Chap. 1, which was Enacted to make the former more full and certain-No Talliage or Aids shall be taken or levied by Us or Our Heirs in Our Realm without the good will and assent of ArchBishops, Bishops, Earles, Barons, Knights, Burgesses, and other Freemen of the Land.
These Clauses of Acts of Parliament are as strong at least as any words in your Charter, which gives no power of raising and disposing of Money greater than those of all Englishmen, and yet I defy you to shew that these Acts of Parliament or any other were ever pretended to be an Objection against granting to the King a Revenue for Life, which appears to have been done, and much more time out of mind by the Preamble of the first of James the first, Chap. 33, which is too long to be inserted in this place, but where you will find that the same Dutys of Tunnage and Poundage that had been granted to Henry the 7th, Henry 8th, Edward the 6th, Queen Mary, Queen Elizabeth, and other the Kings Progenitors, Kings of England, were given to King James the first, To have, take, enjoy and perceive the Subsidies aforesaid and every of them, and every part and percel of them to the Kings Majesty during his Life natural.
So that it is a mere Invention without any ground to say, that a Charter to grant Moneys is any reason against granting them either for a limited or an unlimited time. And since this is now so fully proved I hope you will no longer be amused with so wrong a notion.
Your last Observation of the many other Inconveniencies to which a Door will be opened, cannot be answered `till it is explained what those Inconveniencies are, and it looks as if at the very end of your Paper you felt the Imperfections of it, since you are reduced to call for Help from what you have not mentioned, and which I may justly believe to be of no more force than what you have.
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"Benjamin Franklin: A Modest Enquiry Into the Nature and Necessity of Paper Currency (1729)",39,0,0,0
There is no Science, the Study of which is more useful and commendable than the Knowledge of the true In terest of one's Country; and perhaps there is no Kind of Learning more abstruse and intricate, more difficult to acquire in any Degree of Perfection than This, and there fore none more generally neglected. Hence it is, that we every Day find Men in Conversation contending warmly on some Point in Politicks, which, altho' it may nearly concern them both, neither of them understand any more than they do each other.
Thus much by way of Apology for this present Enquiry into the Nature and Necessity o/ a Paper Currency. And if any Thing I shall say, may be a Means of fixing a Subject that is now the chief Concern of my Countrymen, in a clearer Light, I shall have the Satisfaction of thinking my Time and Pains well employed.
To proceed, then,
There is a certain proportionate Quantity of Money requisite to carry on the Trade of a Country freely and currently; More than which would be of no Advantage in Trade, and Less, if much less, exceedingly detrimental to it.
This leads us to the following general Considerations.
First, A great Want of Money in any Trading Country, occasions Interest to be at a very high Rate. And here it may be observed, that it is impossible by any Laws to restrain Men from giving and receiving exhorbitant Interest, where Money is suitably scarce: For he that wants Money will find out Ways to give 10 per cent when he cannot have it for less, altho' the Law forbids to take more than 6 per cent.
Now the Interest of Money being high is prejudicial to a Country several Ways: It makes Land bear a low Price, because few Men will lay out their Money in Land, when they can make a much greater Profit by lending it out upon Interest: And much less will Men be inclined to venture their Money at Sea, when they can, without Risque or Hazard, have a great and certain Profit by keeping it at home; thus Trade is discouraged.
And if in two Neighbouring Countries the Traders of one, by Reason of a greater Plenty of Money, can borrow it to trade with at a lower Rate than the Traders of the other, they will infallibly have the Advantage, and get the greatest Part of that Trade into their own Hands; For he that trades with Money he hath borrowed at 8 or 10 per cent cannot hold Market with him that borrows his Money at 6 or 4. On the contrary, A plentiful Currency will occasion Interest to be low: And this will be an Inducement to many to lay out their Money in Lands, rather than put it out to Use, by which means Land will begin to rise in Value and bear a better Price: And at the same Time it will tend to enliven Trade exceedingly, because People will find more Profit in employing their Money that Way than in Usury; and many that understand Business very well, but have not a Stock sufficient of their own, will be encouraged to borrow Money; to trade with, when they can have it at a moderate Interest.
Secondly, Want of Money in a Country reduces the Price of that Part of its Produce which is used in Trade: Because Trade being discouraged by it as above, there is a much less Demand for that Produce.
And this is another Reason why Land in such a Case will be low, especially where the Staple Commodity of the Country is the immediate Produce of the Land, because that Produce being low, fewer People find an Advantage in Husbandry, or the Improvement of Land. On the contrary, A Plentiful Currency will occasion the Trading Produce to bear a good Price. . .
As we have already experienced how much the Increase of our Currency by what Paper Money has been made, has encouraged our Trade; particularly to instance only in one Article, Shi~Building; it may not be amiss to observe under this Head, what a great Advantage it must be to us as a Trading Country, that has Workmen and all the Materials proper for that Business within itself, to have Ship~Building as much as possible advanced: For every Ship that is built here for the English Merchants, gains the Province her clear Value in Gold and Silver, which must otherwise have been sent Home for Returns in her Stead; and likewise, every Ship built in and belonging to the Province, not only saves the Province her first Cost, but all the Freight, Wages and Provisions she ever makes or requires as long as she lasts.
. . . Now as Trade in general will decline where there is not a plentiful Currency, so Ship~Bwlding must certainly of Consequence decline where Trade is declining.
Thirdly, Want of Money in a Country discourages Lab0uring and Handicrafts Men (which are the chief Strength and Support of a People) from coming to settle in it, and induces many that were settled to leave the Country, and seek Entertainment and Employment in other Places, where they can be better paid.
For what can be m9re disheartning to an industrious labouring Man, than this, that after he hath earned his Bread with the Sweat of his Brows, he must spend as much Time, and have near as much Fatigue in getting it, as he had to earn it.
And nothing makes more bad Paymasters than a general Scarcity of Money. And here again is a Third Reason for Land's bearing a low Price in such a Country, because Land always increases in Value in Proportion with the Increase of the People settling on it' there being so many more Buyers; and its Value will infallibly be diminished, if the Number of its Inhabitants diminish.
On the contrary, A Plentiful Currency will encourage great Numbers of Labouring and Handicrafts Men to come and Settle in the Country, by the same Reason that a Want of it will discourage and `drive them out.
Now the more In habitants, the greater Demand for Land (as is said above) upon which it must necessarily rise in Value, and bear a better Price. . . . Now the Value of HouseRent rising, and Interest becoming low, many that in a Scarcity of Money practL~ed Usury, will probably be more inclined to Building; which will likewise sensibly enliven Business in any Place; it being an Advantage not only to Brickmakers, Bricklayers, Masons, Carpenters, Joiners, Glaziers, and several other Trades immediately employed by Building, but likewise to Farmers, Brewers, Bakers, Taylors, Shoemakers, Shopkeepers, and in short to every one that they lay their Money out with.
Fourthly, Want of Money in such a Country as ours, occasions a greater Consumption of English and European Goods, in Proportion to the Number of the People, than there would otherwise be. Because Merchants and Tradeers by whom abundance of Artificers and labouring Men are employed, finding their other Affairs require what Money they can get into their hands, oblige those who work for them to take one half, or perhaps two thirds Goods in Pay.
By this Means a greater Quantity of Goods are disposed of, and to a greater Value. . . . As A plentiful Currency will occasion a less Consumption of European Goods, in Proportion to the Number of the People, so it will be a means of making the Balance of our Trade more equal than it now is, if it does not give it in our Favour because our own Produce will be encouraged at the same Time.
And it is to be observed, that tho' less Foreign Commodities are consumed in Proportion to the Number of People, yet this will be no Disadvantage to the Merchant, because the Number of People increasing, will occasion an increasing Demand of more Foreign Goods in the Whole.
Thus we have seen some of the many heavy Disadvantages a Country (especially such a Country as ours) must labour under, when it has not a sufficient Stock of running Cash to manage its Trade currently. And we have likewise seen some of the Advantages which accrue from having Money sufficient, or a Plentiful Currency.
The foregoing Paragraphs being well considered, we shall naturally be led to draw the following Condusions with Regard to what Persons will probably be for or against Emitting a large Additional Sum of Paper Bills in this Province.
1.Since Men will always be powerfully influenced in their Opinions and Actions by what appears to be their particular Interest: Therefore all those, who wanting Courage to venture in Trade, now practise Lending Money on Security for exhorbitant Interest, which in a Scarcity of Money will be done notwithstanding the Law, I say all such will probably be against a large Addition to our present Stock of PaperMoney; because a plentiful Currency will lower Interest, and make it common to lend on less Security.
2.All those who are Possessors of large Sums of Money, and are disposed to purchase Land, which is attended with a great and sure Advantage in a growing Country as this is; I say, the Interest of all such Men will encline them to oppose a large Addition to our Money.
Because their Wealth is now continually increasing by the large Interest they receive, which will enable them (if they can keep Land from rising) to purchase More some time hence than they can at present; and in the mean time all Trade being discouraged, not only those who borrow of them, but the Common People in general will be impoverished, and consequently obliged to sell More Land for less Money than they will do at present.
And yet, after such Men are possessed of as much Land as they can purchase, it will then be their Interest to have Money made Plentiful, because that will immediately make Land rise in Value in their Hands. Now it ought not to be wondered at, if People from the Knowledge of a Man's Interest do sometimes make a true Guess at his Designs; for, Interest, they say, will not Lie.
3.Lawyers, and others concerned in Court Business, will probably many of them be against a plentiful Currency; because People in that Case will have less Occasion to run in Debt, and consequently less Occasion to go to Law and Sue one another for their Debts.
Tho' I know some even among these Gentlemen, that regard the Publick Good before their own apparent private Interest.
4.All those who are any way Dependants on such Persons as are above mentioned, whether as holding Offices, as Tenants, or as Debtors, must at least appear to be against a large Addition; because if they do not, they must sensibly feel their present Interest hurt.
And besides these, there are, doubtless, many wellmeaning Gentlemen and Others, who, without any immediate private Interest of their own in View, are against making such an Addition, thro' an Opinion they may have of the Honesty and sound Judgment of some of their Friends that oppose it (perhaps for the Ends aforesaid), without having given it any thorough Consideration themselves. And thus it is no Wonder if there is a powerful Party on that Side.
On the other Hand, Those who are Lovers of Trade, and delight to see Manufactures encouraged, will be for having a large Addition to our Currency: For they very well know, that People will have little Heart to advance Money in Trade, when what they can get is scarce sufficient to purchase Necessaries, and supply their Families with Provision.
Much less will they lay it out in advancing new Manufactures; nor is it possible new Manufactures Should turn to any Account, where there is not Money to pay the Workmen, who are discouraged by being paid in Goods, because it is a great Disadvantage to them. . . .
And since a Plentiful Currency will be so great a Cause of advancing this Province in Trade and Riches, and increasing the Number of its People; which, tho' it will not sensibly lessen the Inhabitants of Great Britain, will occasion a much greater Vent and Demand for their Commodities here; and allowing that the Crown is the more powerful for its Subjects increasing in Wealth and Number, I cannot think it the Interest of England to oppose' us in making as great a Su1n of Paper Money here, as we, who are the best Judges of our own Necessities, find convenient.
And if I were not sensible that the Gentlemen of Trade in England, to whom we have already parted with our Silver and Gold, are misinformed of our Circumstances, and therefore endeavour to have our Currency stinted to what it now is, I should think the Government at Home had some Reasons for discouraging and impoverishing this Province, which we are not acquainted with. . . .
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"Governor Gabriel Johnston's Request to Repeal the North Carolina Biennial Act (October 18, 1736)",40,0,0,0
I sent your Lordships the only Copies of our Laws I could procure last December with such remarks as my bad state of health would then permit me to make. I did venture at that time to desire you to advise His Majesty to repeal as soon as possible the Biennial Law and to order that no Precinct should on any Pretence whatsoever be Represented by more than two members and to discharge me from consenting to Erect any new Precinct without His Majestys permission.
I am still confirmed in my Opinion of this matter, and I am satisfied we never shall have a Reason[able] Assembly while this Act subsists. I have by this Conveyance sent an attested Copy of the said Biennial Law and shall only observe
1.That it is highly unreasonable that any Assembly should presume to meet without His Majestys Writt, and therefore I dissolved them when they mett last.
2.The six Precincts in the County of Albemarle have in each five Members making thirty, and the number of People in it is I am sure not fifteen thousand, which is by much too large a Representation.
3.The whole lower House by this means consists of forty six and it is impossible to pick out in the whole Province so many fitt to do business.
4.The greatest objection is that there must be a new election every two years which is too short a time to settle a Country which has been so long in confusion, and men of sense who sincerely mean the Publick good are so much afraid of the next Elections that they are obliged to go in with the majority whose Ignorance and want of education makes them obstruct everything for the good of the Country even so much as the Building of Churches or erecting of schools or endeavouring to maintain a direct Trade to Great Britain.
If your Lordships approve of this I beg no time may be lost but I may have this Repealed by the way of Virginia and South Carolina by June next at farthest and the Governors of these Provinces may have orders to forward it. This one thing would contribute to the quiet and settlement of this Country more than I am able to Express. . .
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"Disposition of the North Carolina Biennial Act (1737)",41,0,0,0
Francis Fane to Council of Trade and Plantations.
By an Act passed in Carolina in the time of the Lords Proprietors relating to biennial and other assemblies and regulating elections and members, I observe that there is a power given to the assembly of this colony to meet with out the consent of the Crown. The charter to the Lords Proprietors does not warrant this proceeding.
The power of calling of parliaments is admitted to be an inherent privilege in the Crown, and I believe this is the first instance that such an attempt has been made to deprive the Crown of it. I think you should show your disapprobation of a law which in so high a degree encroaches upon the prerogative of the Crown.
But I must observe to you, if the facts are true which are stated in the memorial of Mr. Smyth the Chief Justice, I think it cannot be considered as an Act in force, not having received a due confirmation agreeable to the rules settled by the Lords Proprietors themselves.
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"French Memoir on the English Aggression (October 1750)",42,0,0,0
(translation)
The restoration of peace has in no wise diverted the English from their constant design to get possession of all the commerce of America. It is only necessary to consider their actual conduct to be convinced of this truth.
No doubt \JSpain\j has good proof on its side. \JFrance\j's is but too certain, both from the publicly professed plans of the English and from the difficulties their commissaries are daily making in the settlement of the disputes of the two nations in America.
England, not content with having already encroached on the lands of \JFrance\j on the side of Hudson Bay, and with pushing its settlements in \JAcadia\j on the mainland of New \JFrance\j at the Bay of Fundy, despite the boundaries assigned that country by the Treaty of \JUtrecht\j, now plans the invasion of \JFlorida\j and Louisiana.
It is true the English have already encroached on those provinces, but they have not hitherto pushed their claims to the extravagant extent revealed by the map just published at London, on which, under pretence of correcting one of our recent geographers, they extend their boundaries into Spanish \JFlorida\j in such fashion as to seat themselves on waters flowing into the Gulf of Mexico.
As to Louisiana, they claim to extend their boundaries over all the lands of the Indians friendly to \JFrance\j as far as the Alabamas; they partially recompense \JSpain\j for what they took from \JFlorida\j at the expense of Louisiana. Although this map is not made by express order of the government, it is well known to be by authority.
However there is no doubt that the English have no justification for such enterprises which have long been no secret. They wish to be in a position to invade \JFlorida\j, and by that conquest, along with their possession of the Isle of Providence in the \JBahamas\j, to make themselves masters of the outlet of the Bahama Channel, and as a result of the treasure of Europe.
To carry out this plan more easily they seek to put it out of the power of the French of Louisiana to give aid to the Spanish as formerly, and as they will never fail to do in all attempts of the English to work their hurt. In this they can best succeed by seeking to cut the communication of the French of Louisiana with New \JFrance\j and \JFlorida\j; but is not the common danger resulting to \JFrance\j and \JSpain\j a warning to the two powers to concert measures as soon as possible that will insure the failure of this pernicious design?
The king on his side is ready to enter into all the measures His Catholic Majesty may think most proper to protect himself from the ambitious projects of a nation with no other aim than to subjugate all the others by seizing on their colonies and their commerce, and which terms that the "balance of Europe."
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"Marquis de la Galissoniere, Memoir on the French Colonies in North America (December 1750)",43,0,0,0
Motives of honor, glory and religion forbid the abandonment of an established Colony; the surrender to themselves, or rather to a nation inimical by taste, education and religious principle, of the French who have emigrated thither at the persuasion of the Government with the expectation of its protection, and who eminently deserve it on account of their fidelity and attachment; in fine, the giving up of so salutary a work as that of the conversion of the heathen who inhabit that vast Continent.
Yet we shall not insist on these motives; and how great soever may be the inconveniences set forth in the preceding article, neither will we object to them, the future and uncertain revenues both of Canada and of Louisiana, although nevertheless, these are extremely probable, since they have for basis an immense country, a numerous people, fertile lands, forests of \Jmulberry\j trees, mines already discovered, etc.
We shall confine ourselves to regarding Canada as a barren frontier, such as the Alps are to \JPiedmont\j, as Luxembourg would be to \JFrance\j, and as it, perhaps, is to the Queen of \JHungary\j. We ask if a country can be abandoned, no matter how bad it may be, or what the amount of expense necessary to sustain it, when by its position it affords a great advantage over its neighbors.
This is precisely the case of Canada: it cannot be denied that this Colony has been always a burthen to \JFrance\j, and it is probable that such will be the case for a long while; but it constitutes, at the same time, the strongest barrier that can be opposed to the ambition of the English.
We may dispense with giving any other proofs of this than the constant efforts they have made, for more than a century, against that Colony.
We will add, however, that it alone is in a position to wage war against them in all their possessions on the Continent of America; possessions which are as dear to them as they are precious in fact, whose power is daily increasing, and which, if means be not found to prevent it, will soon absorb not only all the Colonies located in the neighboring islands of the Tropic, but even all those of the Continent of America.
Long experience has proved that the preservation of the major portion of the settlements in the Tropical islands is not owing so much to their intrinsic strength, as to the difficulty of conveying troops thither from Europe in sufficient numbers to subjugate or keep them, and of supporting such troops there; but if the rapid progress of the English Colonies on the Continent be not arrested, or what amounts to the same thing, if a counterpoise capable of confining them within their limits, and of forcing them to the defensive, be not formed, they will possess, in a short time, such great facilities to construct formidable armaments on the Continent of America, and will require so little time to convey a large force either to St. Domingo or to the Island of \JCuba\j, or to our Windward islands, that it will not be possible to hope to preserve these except at an enormous expense.
This will not be the case if we make a more energetic and generous effort to increase and strengthen Canada and Louisiana, than the English are making in favor of their Colonies; since the French Colonies, despite their destitute condition, have always waged war against the English of the Continent with some advantage, though the latter are, and always have been, more numerous; it is necessary to explain here the causes to which this has been owing.
The first is the great number of alliances that French keep up with the Indian Nations. These people, who hardly act except from instinct, love us hitherto a little and fear us a great deal, more than they do the English; but their interest, which some among them begin to understand, is that the strength of the English and French remain nearly equal, so that through the jealousy of these two nations those tribes may live independent of, and draw presents from, both.
The second reason of our superiority over the English is, the number of French Canadians who are accustomed to live in the woods like the Indians, and become thereby not only qualified to lead them to fight the English, but to wage war even against these same Indians when necessity obliges.
Hence `twill be seen that this superiority of the French in America is in some sort accidental, and if they neglect to maintain it, whilst the English are making every effort to destroy it, `twill pass into the hands of the latter.
There is no doubt but such an event would be followed by the entire destruction of our settlements in that part of the Globe. This, however serious it may seem, would not be our only loss; it would drag after it that of the superiority which \JFrance\j must claim over England.
If anything can, in fact, destroy the superiority of \JFrance\j in Europe, it is the Naval force of the English; this alone sustained the house of \JAustria\j at the commencement of the war of the Spanish succession, as it caused \JFrance\j to lose, at the close of the last war, the fruit of the entire conquest of the Austrian Lower Countries.
We must not flatter ourselves with being able long to sustain an expenditure equal to theirs; no other resource remains then but to attack them in their possessions; that cannot be effected by forces sent from Europe except with little hope of success, and at vast expense, whilst by fortifying ourselves in America and husbanding means in the Colonies themselves, the advantages we possess can be preserved, and even increased at a very trifling expense, in comparison with the cost of expeditions fitted out in Europe.
The utility of Canada is not confined to the preservation of the French Colonies, and to rendering the English apprehensive for theirs; that Colony is not less essential for the conservation of the Spanish possessions in America, especially of Mexico.
So long as that barrier is well secured; so long as the English will be unable to penetrate it; so long as efforts will be made to increase its strength, `twill serve as a rampart to Louisiana, which hitherto sustains itself only under the shadow of the forces of Canada, and by the connection of the Canadians with the Indians.
Should any unforeseen revolution disturb the intimate union now existing between the two Crowns, we should even be able, by means of Louisiana, to share with the Spaniards the profit of the rich settlements they possess in America; but this event appears so distant, that it is the opinion that \JFrance\j, for its own interest, and in order to remove every jealousy, must not seek to extend its possessions Westward, that is to say, towards the Spaniards, but apply all its resources to strengthen itself at the East, that is, in the direction of the English.
In fine, Canada, the fertility whereof is wonderful, can serve as the granary of the Tropical Colonies, which, in consequence of the men they destroy, sell their rich products very dear. It is proved that the number of Canadians who die in these Colonies that are admitted to be the most unhealthy, is much less than that of European French.
All that precedes sufficiently demonstrates that it is of the utmost importance and of absolute necessity not to omit any means, nor spare any expense to secure Canada, inasmuch as that is the only way to wrest America from the ambition of the English, and as the progress of their empire in that quarter of the globe is what is most capable of contributing to their superiority in Europe.
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"Petition: Reasons for Making Bar, As Well As Pig or Sow-Iron In His Majesty's Plantations (Ca. 1750)",44,0,0,0
1.Except Bar as well as Sow-Iron be admitted, the Quantity in the Plantations wifl fall much short of what may be expected, it being hoped we may make more Sow-Iron than our Market at Home can take off.
2.The Iron Works in England not being able to supply near one Third Part of the BarIron demanded, must occasion the same Importation as hath hitherto been from Sweden, and consequently carry out our Bullion to purchase it, unless more Works he erected, which would still create a further want of Wood.
3.This will prevent the Exportation of our Manufactures of Woollen, etc., which would be sent to purchase it in our own Plantations; besides the Discouragement to our Navigation, and the imploying of our Poor in the Plantations and at Home.
4.To have a Supply of Iron, in his Majesty's Plantations, in case of a Rupture with Sweden or \JSpain\j, would prevent the distressing our Manufactures; as hath so lately happened to the Discouragement of Trade, and raising the Price of Manufactured Iron Wares amongst us.
5.To extend this Law only to Sow or Pig Iron, would in a great measure frustrate the good Design of the present Bill now before this Honourable House.
6.The Manufacturing Iron into small Wares in the Plantations can never be effected, till their Labour comes to one Fourth Part of the Price that it now is: Iron being made into Bars there for Forty Years past, and Nine or Ten IronWorks of many Years standing, and no Hindrance to our sending IronWares from hence; which is a clear Demonstration that we are in no Danger.
7.Making Bar, as well as SowIron, in the Plantations, will greatly increase the Quantity, and consequently the Riches of the Nation.
8.The want of Iron for this Two Years past, has created great Uneasiness in our Workmen, and put their under great Difficulties to subsist, and given Opportunity to our Neighbouring Countries to tempt them away.
Upon Examining the Imports for the Years 1714 and 1715, when a Free Trade was settled, we find imported in those Two Years above Forty Thousand Ton of Foreign Iron; which with the Swedish New Duties, and Tonnage on our Shipping, could not stand in so little as 12l. per ton.
That our usual Exports of wrought Iron is from 1900 to 2000 Ton yearly.
That about Six Hundred Ton thereof is exported to our Neighbouring Kingdoms of Europe.
That from 13 to 1400 Ton is annually exported to our Plantations; much about one Half thereof is sent to the SugarIslands, the rest to New England, Virginia, etc.
Those that are afraid of injuring our Manufacturies by making BarIron in America, will not pretend any Danger of our Trade to the SugarIslands, for they can make no Iron; therefore allowing that full 700 Ton is now exported to the Continent, and that this Nation should lose all the Manufacturing thereof, and allowing full 12s. per Hundred for the Workmanship, it comes but to ,8400l. For the first cost of the Iron must be deducted.
But 20,000 Ton of Iron at 12l. per Ton comes to 240,000l. and `tis well known, Sweden takes nothing from us for their Iron, but our Bullion. And therefore on a Supposition, that 8400l. worth of Labour in the Iron Manufactories may be injured, we must be necessitated to send out our Gold and Silver Annually to supply us with Iron, which might be purchased with our Woollen and other Manufactures, and the Labour of our own People from our own Plantations, and keep us dependant on the Courtesy of Sweden, etc., for Iron and other Naval Stores, as we have been for many Years.
Courtesy of \IUS Historical Documents Archive\i
#
"Reason Against A General Prohibition of the Iron Manufacture In His Majesty's Plantations (Ca. 1750)",45,0,0,0
1.If the Clause be taken in a strict Sense, all Iron Work for building Ships, Houses, Mills, and even what is necessary for Instruments to Till the Ground, will be for bid to be made there; whereby it will become impracticable to live in the Plantations, because this Sort of Iron Manufacture must be made on the Spot, that it may be framed and fitted to the Size of the Work.
2.To forbid his Majesty's Subjects the making any Sort of Iron Wares, when its for their own Necessary Use, and not for Exportation, seems to bear hard on the common Rights and Liberties of Mankind; especially, when the Ore is what their own Soil yields, and what is found but in small Quantities comparatively in the Mother Kingdom.
3.If such a Prohibition be thought just to prevent the Plantations from interfering with the IronWorkers in this Kingdom, all other Tradesman may expect, in their Turns, to be forbid Working at their respective Callings. For, by the same Reason, the People may be forbid making Cheese or Cyder, for fear of prejudicing the Manufactures in Cheshire and Herefordshire.
4.It is humbly conceived, there is no Occasion for this Clause. All Labour is so excessively dear in the Plantations, that no Manufacture of the lesser Iron Wares can vend, or ever does there, but when it happens by Accident that there is a great Scarcity of the same Commodity made in Great Britain.
5.The Encouragement given in the Bill for the Importation of Bar Iron from the Plantations, by taking off the Duty, which is Three Pounds per Tun, is not sufficient to bring it in; of which there needs no other Proof, than that a Tun of Iron is worth Sixty Pounds in New-England, their money, and but Twenty Pounds here, to say nothing of the chargeable Freight thence; so that if the Clause pass, the Iron Ore in the Plantations will be of Use neither there nor here.
6.It seems a farther Hardship, that the Subjects Abroad should be permitted to forge their Ore into Bars, but not to run or cast it into Pots and other Implements, because the same Fire, and even the same Heat, will suffice for both.
It is therefore humbly prayed, That the Clause prohibiting any Kind of Iron Wares to be made in the Plantations, tho' for their own Use, and not for Exportation, be left out of the Bill.
Courtesy of \IUS Historical Documents Archive\i
#
"Gottlieb Mittelberger, On the Misfortune of Indentured Servants (1754)",46,0,0,0
Both in Rotterdam and in \JAmsterdam\j the people are packed densely, like herrings so to say, in the large sea-vessels. One person receives a place of scarcely 2 feet width and 6 feet length in the bedstead, while many a ship carries four to six hundred souls; not to mention the innumerable implements, tools, provisions, water-barrels and other things which likewise occupy much space.
On account of contrary winds it takes the ships sometimes 2, 3 and 4 weeks to make the trip from Holland to.. . England. But when the wind is good, they get there in 8 days or even sooner. Everything is examined there and the custom-duties paid, whence it comes that the ships ride there 8, 10 to 14 days and even longer at anchor, till they have taken in their full cargoes.
During that time every one is compelled to spend his last remaining money and to consume his little stock of provisions which had been reserved for the sea; so that most passengers, finding themselves on the ocean where they would be in greater need of them, must greatly suffer from hunger and want. Many suffer want already on the water between Holland and Old England.
When the ships have for the last time weighed their anchors near the city of Kaupp [Cowes] in Old England, the real misery begins with the long voyage. For from there the ships, unless they have good wind, must often sail 8, 9, 10 to 12 weeks before they reach Philadelphia. But even with the best wind the voyage lasts 7 weeks.
But during the voyage there is on board these ships terrible misery, stench, fumes, horror, vomiting, many kinds of sea-sickness, fever, \Jdysentery\j, headache, heat, \Jconstipation\j, boils, \Jscurvy\j, cancer, mouth-rot, and the like, all of which come from old and sharply salted food and meat, also from very bad and foul water, so that many die miserably.
Add to this want of provisions, hunger, thirst, frost, heat, dampness, anxiety, want, afflictions and lamentations, together with other trouble, as . . . the lice abound so frightfully, especially on sick people, that they can be scraped off the body.
The misery reaches the climax when a gale rages for 2 or 3 nights and days, so that every one believes that the ship will go to the bottom with all human beings on board. In such a visitation the people cry and pray most piteously.
When in such a gale the sea rages and surges, so that the waves rise often like high mountains one above the other, and often tumble over the ship, so that one fears to go down with the ship; when the ship is constantly tossed from side to side by the storm and waves, so that no one can either walk, or sit, or lie, and the closely packed people in the berths are thereby tumbled over each other, both the sick and the well - it will be readily understood that many of these people, none of whom had been prepared for hardships, suffer so terribly from them that they do not survive it.
I myseif had to pass through a severe illness at sea, and I best know how I felt at the time. These poor people often long for consolation, and I often entertained and comforted them with singing, praying and exhorting; and whenever it was possible and the winds and waves permitted it, I kept daily prayer-meetings with them on deck.
Besides, I baptized five children in distress, because we had no ordained minister on board. I also held divine service every Sunday by reading sermons to the people; and when the dead were sunk in the water, I commended them and our souls to the mercy of God.
Among the healthy, impatience sometimes grows so great and cruel that one curses the other, or himself and the day of his birth, and sometimes come near killing each other. Misery and malice join each other, so that they cheat and rob one another.
One always reproaches the other with having persuaded him to undertake the journey. Frequently children cry out against their parents, husbands against their wives and wives against their husbands, brothers and sisters, friends and acquaintances against each other. But most against the soul-traffickers.
Many sigh and cry: "Oh, that I were at home again, and if I had to lie in my pig-sty!" Or they say: "O God, if I only had a piece of good bread, or a good fresh drop of water." Many people whimper, sigh and cry piteously for their homes; most of them get home-sick.
Many hundred people necessarily die and perish in such misery, and must be cast into the sea, which drives their relatives, or those who persuaded them to undertake the journey, to such despair that it is almost impossible to pacify and console them.
No one can have an idea of the sufferings which women in confinement have to bear with their innocent children on board these ships. Few of this class escape with their lives; many a mother is cast into the water with her child as soon as she is dead.
One day, just as we had a heavy gale, a woman in our ship, who was to give birth and could not give birth under the circumstances, was pushed through a loop-hole [port-hole] in the ship and dropped into the sea, because she was far in the rear of the ship and could not be brought forward.
Children from 1 to 7 years rarely survive the voyage. I witnessed misery in no less than 32 children in our ship, all of whom were thrown into the sea. The parents grieve all the more since their children find no resting-place in the earth, but are devoured by the monsters of the sea.
That most of the people get sick is not surprising, because, in addition to all other trials and hardships, warm food is served only three times a week, the rations being very poor and very little. Such meals can hardly be eaten, on account of being so unclean.
The water which is served out on the ships is often very black, thick and full of worms, so that one cannot drink it without loathing, even with the greatest thirst. Toward the end we were compelled to eat the ship's \Jbiscuit\j which had been spoiled long ago; though in a whole \Jbiscuit\j there was scarcely a, piece the size of a dollar that had not been full of red worms and spiders nests .
At length, when, after a long and tedious voyage, the ships come in sight of land, so that the promontories can be seen, which the people were so eager and anxious to see, all creep from below on deck to see the land from afar, and they weep for joy, and pray and sing, thanking and praising God.
The sight of the land makes the people on board the ship, especially the sick and the half dead, alive again, so that their hearts leap within them; they shout and rejoice, and are content to bear their misery in patience, in the hope that they may soon reach the land in safety. But alas!
When the ships have landed at Philadelphia after their long voyage, no one is permitted to leave them except those who pay for their passage or can give good security; the others, who cannot pay, must remain on board the ships till they are purchased, and are released from the ships by their purchasers.
The sick always fare the worst, for the healthy are naturally preferred and purchased first; and so the sick and wretched must often remain on board in front of the city for 2 or 3 weeks, and frequently die, whereas many a one, if he could pay his debt and were permitted to leave the ship immediately, might recover and remain alive.
The sale of human beings in the market on board the ship is carried on thus: Every day Englishmen, Dutchmen and High-German people come from the city of Philadelphia and other places, in part from a great distance, say 20, 30, or 40 hours away, and go on board the newly arrived ship that has brought and offers for sale passengers from Europe, and select among the healthy persons such as they deem suitable for their business, and bargain with them how long they will serve for their passage money, which most of them are stffl in debt for.
When they have come to an agreement, it happens that adult persons bind themselves in writing to serve 3, 4, 5 or 6 years for the amount due by them, according to their age and strength. But very young people, from 10 to 15 years, must serve till they are 21 years old.
Many parents must sell and trade away their children like so many head of \Jcattle\j; for if their children take the debt upon themselves, the parents can leave the ship free and unrestrained; but as the parents often do not know where and to what people their children are going, it often happens that such parents and children, after leaving the ship, do not see each other again for many years, perhaps no more in all their lives.
It often happens that whole families, husband, wife, and children, are separated by being sold to different purchasers, especially when they have not paid any part of their passage money.
When a husband or wife has died at sea, when the ship has made more than half of her trip, the survivor must pay or serve not only for himself or herself, but also for the deceased.
When both parents have died over half-way at sea, their children, especially when they are young and have nothing to pawn or to pay, must stand for their own and their parents' passage, and serve tffi they are 21 years old. When one has served his or her term, he or she is entitled to a new suit of clothes at parting; and if it has been so stipulated, a man gets in addition a horse, a woman, a cow.
When a serf has an opportunity to marry in this country, he or she must pay for each year which he or she would have yet to serve, 5 to 6 pounds. But many a one who has thus purchased and paid for his bride, has subsequently repented his bargain, so that he would gladly have returned his exorbitantly dear ware, and lost the money besides.
If some one in this country runs away from his master, who has treated him harshly, he cannot get far. Good provision has been made for such cases, so that a runaway is soon recovered. He who detains or returns a deserter receives a good reward.
If such a runaway has been away from his master one day, he must serve for it as a punishment a week, for a week a month, and for a month half a year.
Courtesy of \IUS Historical Documents Archive.\i
#
"Albany Plan of 1754, The",47,0,0,0
It is proposed that humble application be made for an act of Parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said colonies, within and under which government each colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter follows.
That the said general government be administered by a President-General, to be appointed and supported by the crown; and a Grand Council, to be chosen by the representatives of the people of the several Colonies met in their respective assemblies.
1.That within months after the passing such act, the House of Representatives that happen to be sitting within that time, or that shall be especially for that purpose convened, may and shall choose members for the Grand Council, in the following proportion, that is to say,
2.-who shall meet for the first time at the city of Philadelphia, being called by the President-General as soon as conveniently may be after his appointment.
3.That there shall be a new election of the members of the Grand Council every three years; and, on the death or resignation of any member, his place should be supplied by a new choice at the next sitting of the Assembly of the Colony he represented.
4.That after the first three years, when the proportion of money arising out of each Colony to the general treasury can be known, the number of members to be chosen for each Colony shall, from time to time, in all ensuing elections, be regulated by that proportion, yet so as that the number to be chosen by any one Province be not more than seven, nor less than two.
5.That the Grand Council shall meet once in every year, and oftener if occasion require, at such time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at by the President-General on any emergency; he having first obtained in writing the consent of seven of the members to such call, and sent duly and timely notice to the whole.
6.That the Grand Council have power to choose their speaker; and shall neither be dissolved, prorogued, nor continued sitting longer than six weeks at one time, without their own consent or the special command of the crown.
7.That the members of the Grand Council shall be allowed for their service ten shillings sterling per diem, during their session and journey to and from the place of meeting; twenty miles to be reckoned a day's journey.
8.That the assent of the President-General be requisite to all acts of the Grand Council, and that it be his office and duty to cause them to be carried into execution.
9.That the President-General, with the advice of the Grand Council, hold or direct all Indian treaties, in which the general interest of the Colonies may be concerned; and make peace or declare war with Indian nations.
10.That they make all purchases from Indians, for the crown, of lands not now within the bounds of particular Colonies, or that shall not be within their bounds when some of them are reduced to more convenient dimensions.
11.That they make new settlements on such purchases, by granting lands in the King's name, reserving a quitrent to the crown for the use of the general treasury.
12.That they make laws for regulating and governing such new settlements, till the crown shall think fit to form them into particular governments.
13.That they raise and pay soldiers and build forts for the defence of any of the Colonies, and equip vessels of force to guard the coasts and protect the trade on the ocean, lakes, or great rivers; but they shall not impress men in any Colony, without the consent of the Legislature.
14.That for these purposes they have power to make laws, and lay and levy such general duties, imposts, or taxes, as to them shall appear most equal and just (considering the ability and other circumstances of the inhabitants in the several Colonies), and such as may be collected with the least inconvenience to the people; rather discouraging luxury, than loading industry with unnecessary burdens.
15.That they may appoint a General Treasurer and Particular Treasurer in each government when necessary; and, from time to time, may order the sums in the treasuries of each government into the general treasury; or draw on them for special payments, as they find most convenient.
16.Yet no money to issue but by joint orders of the President-General and Grand Council; except where sums have been appropriated to particular purposes, and the President-General is previously empowered by an act to draw such sums.
17.That the general accounts shall be yearly settled and reported to the several Assemblies.
18.That a quorum of the Grand Council, empowered to act with the President-General, do consist of twenty-five members; among whom there shall be one or more from a majority of the Colonies.
19.That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force.
20.That, in case of the death of the President-General, the Speaker of the Grand Council for the time being shall succeed, and be vested with the same powers and authorities, to continue till the King's pleasure be known.
21.That all military commission officers, whether for land or sea service, to act under this general constitution, shall be nominated by the President-General; but the approbation of the Grand Council is to be obtained, before they receive their commissions. And all civil officers are to be nominated by the Grand Council, and to receive the President-General's approbation before they officiate.
22.But, in case of vacancy by death or removal of any officer, civil or military, under this constitution, the Governor of the Province in which such vacancy happens may appoint, till the pleasure of the President-General and Grand Council can be known.
23.That the particular military as well as civil establishments in each Colony remain in their present state, the general constitution notwithstanding; and that on sudden emergencies any Colony may defend itself, and lay the accounts of expense thence arising before the President-General and General Council, who may allow and order payment of the same, as far as they judge such accounts just and reasonable.
Courtesy of \IUS Historical Documents Archive\i
#
"Letters of Thomas Jefferson (1743-1826), The",48,0,0,0
Letters of Thomas Jefferson 1743 - 1826
A YOUTH OF SIXTEEN
To John Harvie
Shadwell, Jan. 14, 1760
SIR,
I was at Colo. Peter Randolph's about a Fortnight ago, & my Schooling falling into Discourse, he said he thought it would be to my Advantage to go to the College, & was desirous I should go, as indeed I am myself for several Reasons. In the first place as long as I stay at the Mountains the Loss of one fourth of my Time is inevitable, by Company's coming here & detaining me from School.
And likewise my Absence will in a great Measure put a Stop to so much Company, & by that Means lessen the Expences of the Estate in House-Keeping. And on the other Hand by going to the College I shall get a more universal Acquaintance, which may hereafter be serviceable to me; & I suppose I can pursue my Studies in the Greek & Latin as well there as here, & likewise learn something of the \JMathematics\j. I shall be glad of your opinion.
Letters of Thomas Jefferson 1743 - 1826
OLD COKE AND YOUNG LADIES
To John Page
Fairfield, December 25, 1762
DEAR PAGE,
This very day, to others the day of greatest mirth and jollity, sees me overwhelmed with more and greater misfortunes than have befallen a descendant of Adam for these thousand years past, I am sure; and perhaps, after excepting Job, since the creation of the world.
I think his misfortunes were somewhat greater than mine: for although we may be pretty nearly on a level in other respects, yet, I thank my God, I have the advantage of brother Job in this, that Satan has not as yet put forth his hand to load me with bodily afflictions.
You must know, dear Page, that I am now in a house surrounded with enemies, who take counsel together against my soul; and when I lay me down to rest, they say among themselves, come let us destroy him. I am sure if there is such a thing as a Devil in this world, he must have been here last night and have had some hand in contriving what happened to me.
Do you think the cursed rats (at his instigation, I suppose) did not eat up my pocket-book, which was in my pocket, within a foot of my head? And not contented with plenty for the present, they carried away my jemmy-worked silk garters, and half a dozen new minuets I had just got, to serve, I suppose, as provision for the winter.
But of this I should not have accused the Devil, (because, you know rats will be rats, and hunger, without the addition of his instigations, might have urged them to do this,) if something worse, and from a different quarter, had not happened. You know it rained last night, or if you do not know it, I am sure I do.
When I went to bed, I laid my watch in the usual place, and going to take her up after I arose this morning, I found her in the same place, it's true! but Quantum mutatus ab illo! all afloat in water, let in at a leak in the roof of the house, and as silent and still as the rats that had eat my pocket-book.
Now, you know, if chance had had anything to do in this matter, there were a thousand other spots where it might have chanced to leak as well as at this one, which was perpendicularly over my watch. But I'll tell you; it's my opinion that the Devil came and bored the hole over it on purpose.
Well, as I was saying, my poor watch had lost her speech. I should not have cared much for this, but something worse attended it; the subtle particles of the water with which the case was filled, had, by their penetration, so overcome the cohesion of the particles of the paper, of which my dear picture and watch-paper were composed, that, in attempting to take them out to dry them, good God!
Mens horret referre! My cursed fingers gave them such a rent, as I fear I never shall get over. This, cried I, was the last stroke Satan had in reserve for me: he knew I cared not for anything else he could do to me, and was determined to try this last most fatal expedient.
"Multis fortunae vulneribus percussus, huic uni me imparem sensi, et penitus succubui!" I would have cried bitterly, but I thought it beneath the dignity of a man, and a man too who had read {ton onton, ta men ephemin, ta dok ephemin}.
However, whatever misfortunes may attend the picture or lover, my hearty prayers shall be, that all the health and happiness which Heaven can send may be the portion of the original, and that so much goodness may ever meet with what may be most agreeable in this world, as I am sure it must be in the next.
And now, although the picture be defaced, there is so lively an image of her imprinted in my mind, that I shall think of her too often, I fear, for my peace of mind; and too often, I am sure, to get through old Coke this winter; for God knows I have not seen him since I packed him up in my trunk in Williamsburg.
Well, Page, I do wish the Devil had old Coke, for I am sure I never was so tired of an old dull scoundrel in my life. What! are there so few inquietudes tacked to this momentary life of our's, that we must need be loading ourselves with a thousand more?
Or, as brother Job says, (who, by the bye, I think began to whine a little under his afflictions,) "Are not my days few? Cease then, that I may take comfort a little before I go whence I shall not return, even to the land of darkness, and the shadow of death."
But the old fellows say we must read to gain knowledge, and gain knowledge to make us happy and admired. Mere jargon! Is there any such thing as happiness in this world? No. And as for admiration, I am sure the man who powders most, perfumes most, embroiders most, and talks most nonsense, is most admired.
Though to be candid, there are some who have too much good sense to esteem such monkey-like animals as these, in whose formation, as the saying is, the tailors and barbers go halves with God Almighty; and since these are the only persons whose esteem is worth a wish, I do not know but that, upon the whole, the advice of these old fellows may be worth following.
You cannot conceive the satisfaction it would give me to have a letter from you. Write me very circumstantially everything which happened at the wedding. Was she there? because, if she was, I ought to have been at the Devil for not being there too.
If there is any news stirring in town or country, such as deaths, courtships, or marriages, in the circle of my acquaintance, let me know it. Remember me affectionately to all the young ladies of my acquaintance, particularly the Miss Burwells, and Miss Potters, and tell them that though that heavy earthly part of me, my body, be absent, the better half of me, my soul, is ever with them; and that my best wishes shall ever attend them.
Tell Miss Alice Corbin that I verily believe the rats knew I was to win a pair of garters from her, or they never would have been so cruel as to carry mine away. This very consideration makes me so sure of the bet, that I shall ask everybody I see from that part of the world what pretty gentleman is making his addresses to her.
I would fain ask the favour of Miss Becca Burwell to give me another watch-paper of her own cutting, which I should esteem much more, though it were a plain round one, than the nicest in the world cut by other hands however, I am afraid she would think this presumption, after my suffering the other to get spoiled. If you think you can excuse me to her for this, I should be glad if you would ask her.
Tell Miss Sukey Potter that I heard, just before I came out of town, that she was offended with me about something, what it is I do not know; but this I know, that I never was guilty of the least disrespect to her in my life, either in word or deed; as far from it as it has been possible for one to be.
I suppose when we meet next, she will be endeavouring to repay an imaginary affront with a real one: but she may save herself the trouble, for nothing that she can say or do to me shall ever lessen her in my esteem, and I am determined always to look upon her as the same honest-hearted, good-humored, agreeable lady I ever did. Tell tell in short, tell them all ten thousand things more than either you or I can now or ever shall think of as long as we live.
My mind has been so taken up with thinking of my acquaintances, that, till this moment, I almost imagined myself in Williamsburg, talking to you in our old unreserved way; and never observed, till I turned over the leaf, to what an immoderate size I had swelled my letter however, that I may not tire your patience by further additions, I will make but this one more, that I am sincerely and affectionately, Dear Page, your friend and servant.
P. S. I am now within an easy day's ride of Shadwell, whither I shall proceed in two or three days.
Letters of Thomas Jefferson 1743 - 1826
A VISIT TO \JANNAPOLIS\j
To John Page
Annapolis, May 25, 1766
DEAR PAGE
I received your last by T. Nelson whom I luckily met on my road hither. surely never did small hero experience greater misadventures than I did on the first two or three days of my travelling. twice did my horse run away with me and greatly endanger the breaking my neck on the first day. on the second I drove two hours through as copious a rain as ever I have seen, without meeting with a single house to which I could repair for shelter.
on the third in going through Pamunkey, being unacquainted with the ford, I passed through water so deep as to run over the cushion as I sat on it, and to add to the danger, at that instant one wheel mounted a rock which I am confident was as high as the axle, and rendered it necessary for me to exercise all my skill in the doctrine of gravity, in order to prevent the center of gravity from being left unsupported the consequence of which would according to Bob.
Carter's opinion have been the corruition of myself, chair and all into the water. whether that would have been the case or not, let the learned determine: it was not convenient for me to try the experiment at that time, and I therefore threw my whole weight on the mounted wheel and escaped the danger.
I confess that on this occasion I was seised with a violent \Jhydrophobia\j. I had the pleasure of passing two or three days on my way hither at the two Will. Fitzhugh's and Col'o. Harrison's where were S. Potter, P. Stith, and Ben Harrison, since which time I have seen no face known to me before, except Cap't. Mitchell's who is here. but I will now give you some account of what I have seen in this metropolis. the assembly happens to be sitting at this time.
their upper and lower house, as they call them, sit in different houses. I went into the lower, sitting in an old courthouse, which, judging from it's form and appearance, was built in the year one. I was surprised on approaching it to hear as great a noise and hubbub as you will usually observe at a publick meeting of the planters in Virginia.
the first object which struck me after my entrance was the figure of a little old man dressed but indifferently, with a yellow queue wig on, and mounted in the judge's chair. this the gentleman who walked with me informed me was the speaker, a man of a very fair character, but who by the bye, has very little the air of a speaker.
at one end of the justices' bench stood a man whom in another place I should from his dress and phis have taken for Goodall the lawyer in Williamsburgh, reading a bill then before the house with a schoolboy tone and an abrupt pause at every half dozen words. this I found to be the clerk of the assembly. the mob (for such was their appearance) sat covered on the justices' and lawyers' benches, and were divided into little clubs amusing themselves in the common chit chat way.
I was surprised to see them address the speaker without rising from their seats, and three, four, and five at a time without being checked. when a motion was made, the speaker instead of putting the question in the usual form, only asked the gentlemen whether they chose that such or such a thing should be done, and was answered by a yes sir, or no sir: and tho' the voices appeared frequently to be divided, they never would go to the trouble of dividing the house, but the clerk entered the resolutions, I supposed, as he thought proper.
in short everything seems to be carried without the house in general's knowing what was proposed. the situation of this place is extremely beautiful, and very commodious for trade having a most secure port capable of receiving the largest vessels, those of 400 hh'ds being able to brush against the sides of the dock. the houses are in general better than those in Williamsburgh, but the gardens more indifferent. the two towns seem much of a size.
they have no publick buildings worth mentioning except a governor's house, the hull of which after being nearly finished, they have suffered to go to ruin.
I would give you an account of the rejoicings here on the repeal of the stamp act, but this you will probably see in print before my letter can reach you. I shall proceed tomorrow to Philadelphia where I shall make the stay necessary for \Jinoculation\j, thence going on to New-York I shall return by water to Williamsburgh, about the middle of July, till which time you have the prayers of
Dear Page
Your affectionate friend
P. S. I should be glad if you could in some indirect manner, without discovering that it was my desire, let J. Randolph know when I propose to be in the city of Williamsburgh.
\B\IFor more information click on \b\i\JLetters of Thomas Jefferson (continued)\j
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"Letters of Thomas Jefferson (continued)",49,0,0,0
THE STUDY OF LAW
To Thomas Turpin
Shadwell, Feb., 1769
DEAR SIR,
I am truly concerned that it is not in my power to undertake the superintendance of your son in his studies; but my situation both present and future renders it utterly impossible. I do not expect to be here more than two months in the whole between this and November next, at which time I propose to remove to another habitation which I am about to erect, and on a plan so contracted as that I shall have but one spare bedchamber for whatever visitants I may have.
nor have I reason to expect at any future day to pass a greater proportion of my time at home. thus situated it would even have been injustice to Phill to have undertaken to give him an assistance which will not be within my power; a task which I otherwise should with the greatest pleasure have taken on me, and would have desired no higher satisfaction than to see him hold that rank in the profession to which his genius and application must surely advance him.
these however encourage me to hope that the presence of an assistant will be little necessary. I always was of opinion that the placing a youth to study with an attorney was rather a \Jprejudice\j than a help. we are all too apt by shifting on them our business, to incroach on that time which should be devoted to their studies. the only help a youth wants is to be directed what books to read, and in what order to read them. I have accordingly recommended strongly to Phill to put himself into apprenticeship with no one, but to employ his time for himself alone.
to enable him to do this to advantage I have laid down a plan of study which will afford him all the assistance a tutor could, without subjecting him to the inconvenience of expending his own time for the emolument of another. one difficulty only occurs, that is, the want of books.
but this I am in hopes you will think less of remedying when it is considered that had he been placed under the care of another, a proper collection of books must have been provided for him before he engaged in the practice of his profession; for a lawyer without books would be like a workman without tools. the only difference then is that they must now be procured something earlier.
should you think it necessary, it would be better to consider the money laid out in books as a part of the provision made for him and to deduct it from what you intended to give him, than that he should be without them.
I have given him a catalogue of such as will be necessary, amounting in the whole to about pound 100 sterling, but divided into four invoices. Should Phill enter on the plan of study recommended, I shall endeavor as often as possible to take your house in on my way to and from Williamsburgh as it will afford me the double satisfaction of observing his progress in science and of seeing yourself, my aunt, and the family. I am Dear Sir with great respect
Your most humble servant
Letters of Thomas Jefferson 1743 - 1826
A GENTLEMAN'S LIBRARY
To Robert Skip with a List of Books
Monticello, Aug. 3, 1771
I sat down with a design of executing your request to form a catalogue of books to the amount of about 50 lib. sterl. But could by no means satisfy myself with any partial choice I could make. Thinking therefore it might be as agreeable to you I have framed such a general collection as I think you would wish and might in time find convenient to procure.
Out of this you will chuse for yourself to the amount you mentioned for the present year and may hereafter as shall be convenient proceed in completing the whole. A view of the second column in this catalogue would I suppose extort a smile from the face of gravity. Peace to its wisdom!
Let me not awaken it. A little attention however to the nature of the human mind evinces that the entertainments of fiction are useful as well as pleasant. That they are pleasant when well written every person feels who reads. But wherein is its utility asks the reverend sage, big with the notion that nothing can be useful but the learned lumber of Greek and Roman reading with which his head is stored?
I answer, everything is useful which contributes to fix in the principles and practices of virtue. When any original act of charity or of gratitude, for instance, is presented either to our sight or imagination, we are deeply impressed with its beauty and feel a strong desire in ourselves of doing charitable and grateful acts also.
On the contrary when we see or read of any atrocious deed, we are disgusted with it's deformity, and conceive an abhorence of vice. Now every emotion of this kind is an exercise of our virtuous dispositions, and dispositions of the mind, like limbs of the body acquire strength by exercise. But exercise produces habit, and in the instance of which we speak the exercise being of the moral feelings produces a habit of thinking and acting virtuously.
We never reflect whether the story we read be truth or fiction. If the painting be lively, and a tolerable picture of nature, we are thrown into a reverie, from which if we awaken it is the fault of the writer. I appeal to every reader of feeling and sentiment whether the fictitious murther of Duncan by Macbeth in Shakespeare does not excite in him as great a horror of villany, as the real one of Henry IV. by Ravaillac as related by Davila?
And whether the fidelity of Nelson and generosity of Blandford in Marmontel do not dilate his breast and elevate his sentiments as much as any similar incident which real history can furnish? Does he not in fact feel himself a better man while reading them, and privately covenant to copy the fair example?
We neither know nor care whether Lawrence Sterne really went to \JFrance\j, whether he was there accosted by the Franciscan, at first rebuked him unkindly, and then gave him a peace offering: or whether the whole be not fiction. In either case we equally are sorrowful at the rebuke, and secretly resolve we will never do so: we are pleased with the subsequent atonement, and view with emulation a soul candidly acknowleging it's fault and making a just reparation.
Considering history as a moral exercise, her lessons would be too infrequent if confined to real life. Of those recorded by historians few incidents have been attended with such circumstances as to excite in any high degree this sympathetic emotion of virtue. We are therefore wisely framed to be as warmly interested for a fictitious as for a real personage.
The field of imagination is thus laid open to our use and lessons may be formed to illustrate and carry home to the heart every moral rule of life. Thus a lively and lasting sense of filial duty is more effectually impressed on the mind of a son or daughter by reading King Lear, than by all the dry volumes of ethics, and divinity that ever were written. This is my idea of well written Romance, of Tragedy, Comedy and Epic poetry. If you are fond of speculation the books under the head of Criticism will afford you much pleasure.
Of Politics and Trade I have given you a few only of the best books, as you would probably chuse to be not unacquainted with those commercial principles which bring wealth into our country, and the constitutional security we have for the enjoiment ofthat wealth.
In Law I mention a few systematical books, as a knowledge of the minutiae of that science is not neces-sary for a private gentleman. In Religion, History, Natural philosophy, I have followed the same plan in general, But whence the necessity of this collection? Come to the new Rowanty, from which you may reach your hand to a library formed on a more extensive plan.
Separated from each other but a few paces the possessions of each would be open to the other. A spring centrically situated might be the scene of every evening's joy. There we should talk over the lessons of the day, or lose them in music, chess or the merriments of our family companions. The heart thus lightened our pillows would be soft, and health and long life would attend the happy scene.
Come then and bring our dear Tibby with you, the first in your affections, and second in mine. Offer prayers for me too at that shrine to which tho' absent I pray continual devotions. In every scheme of happiness she is placed in the foreground of the picture, as the princi-pal figure. Take that away, and it is no picture for me. Bear my affections to Wintipock clothed in the warmest expressions of sincerity; and to yourself be every human felicity. Adieu.
Letters of Thomas Jefferson 1743 - 1826
THE SUBLIME OSSIAN
To Charles McPherson
Albemarle, in Virga, Feb. 25, 1773
DEAR SIR,
Encouraged by the small acquaintance which I had the pleasure of having contracted with you during your residence in this country, I take the liberty of making the present application to you. I understood you were related to the gentleman of your name (Mr. James McPherson), to whom the world is so much indebted for the elegant collection, arrangement, and translation of Ossian's poems.
These pieces have been and will, I think, during my life, continue to be to me the sources of daily pleasures. The tender and the sublime emotions of the mind were never before so wrought up by the human hand. I am not ashamed to own that I think this rude bard of the North the greatest poet that has ever existed.
Merely for the pleasure of reading his works, I am become desirous of learning the language in which he sung, and of possessing his songs in their original form. Mr. McPherson, I think, informs us he is possessed of the originals. Indeed, a gentleman has lately told me he had seen them in print; but I am afraid he has mistaken a specimen from Temora, annexed to some of the editions of the translation, for the whole works.
If they are printed, it will abridge my request and your trouble, to the sending me a printed copy; but if there be more such, my petition is, that you would be so good as to use your interest with Mr. McPherson to obtain leave to take a manuscript copy of them, and procure it to be done.
I would choose it in a fair, round hand, on fine paper, with a good margin, bound in parchments as elegantly as possible, lettered on the back, and marbled or gilt on the edges of the leaves. I would not regard expense in doing this.
I would further beg the favor of you to give me a catalogue of the books written in that language, and to send me such of them as may be necessary for learning it. These will, of course, include a grammar and dictionary.
The cost of these, as well as the copy of Ossian, will be (for me), on demand, answered by Mr. Alexander McCaul, sometime of Virginia, merchant, but now of Glasgow, or by your friend Mr. Ninian Minzees, of Richmond, in Virginia, to whose care the books may be sent. You can, perhaps, tell me whether we may ever hope to see any more of those Celtic pieces published.
Manuscript copies of any which are in print, it would at any time give me the greatest happiness to receive. The glow of one warm thought is to me worth more than money. I hear with pleasure from your friend that your path through life is likely to be smoothed by success.
I wish the business and the pleasures of your situation would admit leisure now and then to scribble a line to one who wishes you every felicity, and would willingly merit the appellation of, dear sir,
Your friend and humble servant.
Letters of Thomas Jefferson 1743 - 1826
NEWS FROM \JBOSTON\j
To William Small
May 7, 1775
DEAR SIR,
I had the pleasure by a gentleman who saw you at Birmingham to hear of your welfare. By Capt. Aselby of the True-patriot belonging to Messrs. Farrell & Jones of \JBristol\j I send you 3 doz. bottles of Madeira, being the half of a present which I had laid by for you.
The capt was afraid to take more on board lest it should draw upon him the officers of the customs. The remaining three doz. therefore I propose to send by Cap;att Drew belonging to the same mercantile house, who is just arrived here. That which goes by Aselby will be delivered by him to your order, the residue by Drew, or by Farrell & Jones, I know not which as yet.
I hope you will find it fine as it came to me genuine from the island & has been kept in my own cellar eight years. Within this week we have received the unhappy news of an action of considerable magnitude, between the King's troops and our brethren of \JBoston\j, in which it is said five hundred of the former, with the Earl of Percy, are slain.
That such an action has occurred, is undoubted, though perhaps the circumstances may not have reached us with truth. This accident has cut off our last hope of reconciliation, and a phrensy of revenge seems to have seized all ranks of people.
It is a lamentable circumstance, that the only mediatory power, acknowledged by both parties, instead of leading to a reconciliation of his divided people, should pursue the incendiary purpose of still blowing up the flames, as we find him constantly doing, in every speech and public declaration.
This may, perhaps, be intended to intimidate into acquiescence, but the effect has been most unfortunately otherwise. A little knowledge of human nature, and attention to its ordinary workings, might have foreseen that the spirits of the people here were in a state, in which they were more likely to be provoked, than frightened, by haughty deportment. And to fill up the measure of irritation, a proscription of individuals has been substituted in the room of just trial.
Can it be believed, that a grateful people will suffer those to be consigned to execution, whose sole crime has been the developing and asserting their rights? Had the Parliament possessed the power of reflection, they would have avoided a measure as impotent, as it was inflammatory.
When I saw Lord Chatham's bill, I entertained high hope that a reconciliation could have been brought about. The difference between his terms, and those offered by our Congress, might have been accommodated, if entered on, by both parties, with a dispostion to accommodate. But the dignity of Parliament, it seems, can brook no opposition to its power.
Strange, that a set of men, who have made sale of their virtue to the Minister, should yet talk of retaining dignity! But I am getting into politics, though I sat down only to ask your acceptance of the wine, and express my constant wishes for your happiness.
This however seems to be ensured by your philosophy & peaceful vocation. I shall still hope that amidst public dissention private friendship may be preserved inviolate and among the warmest you can ever possess is that of your humble servt.
\B\IFor more information click on \b\i\JLetters of Thomas Jefferson (continued 2)\j
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"Letters of Thomas Jefferson (continued 2)",50,0,0,0
RECONCILIATION OR INDEPENDENCE
To John Randolph
Monticello, August 25, 1775
DEAR SIR,
I received your message by Mr. Braxton & immediately gave him an order on the Treasurer for the money which the Treasurer assured me should be answered on his return. I now send the bearer for the violin & such music appurtaining to her as may be of no use to the young ladies. I beleive you had no case to her. If so, be so good as to direct Watt Lenox to get from Prentis's some bays or other coarse woollen to wrap her in & then to pack her securely in a wooden box.
I am sorry the situation of our country should render it not eligible to you to remain longer in it. I hope the returning wisdom of Great Britain will, ere long, put an end to this unnatural contest. There may be people to whose tempers and dispositions contention is pleasing, and who, therefore, wish a continuance of confusion, but to me it is of all states but one, the most horrid.
My first wish is a restoration of our just rights; my second, a return of the happy period, when, consistently with duty, I may withdraw myself totally from the public stage, and pass the rest of my days in domestic ease and tranquillity, banishing every desire of ever hearing what passes in the world. Perhaps (for the latter adds considerably to the warmth of the former wish), looking with fondness towards a reconciliation with Great Britain, I cannot help hoping you may be able to contribute towards expediting this good work.
I think it must be evident to yourself, that the Ministry have been deceived by their officers on this side of the water, who (for what purpose I cannot tell) have constantly represented the American opposition as that of a small faction, in which the body of the people took little part. This, you can inform them, of your own knowledge, is untrue.
They have taken it into their heads, too, that we are cowards, and shall surrender at discretion to an armed force. The past and future operations of the war must confirm or undeceive them on that head. I wish they were thoroughly and minutely acquainted with every circumstance relative to America, as it exists in truth.
I am persuaded, this would go far towards disposing them to reconciliation. Even those in Parliament who are called friends to America, seem to know nothing of our real determinations. I observe, they pronounced in the last Parliament, that the Congress of 1774 did not mean to insist rigorously on the terms they held out, but kept something in reserve, to give up; and, in fact, that they would give up everything but the article of taxation.
Now, the truth is far from this, as I can affirm, and put my honor to the assertion. Their continuance in this error may, perhaps, produce very ill consequences. The Congress stated the lowest terms they thought possible to be accepted, in order to convince the world they were not unreasonable.
They gave up the monopoly and regulation of trade, and all acts of Parliament prior to 1764, leaving to British generosity to render these, at some future time, as easy to America as the interest of Britain would admit. But this was before blood was spilt. I cannot affirm, but have reason to think, these terms would not now be accepted.
I wish no false sense of honor, no ignorance of our real intentions, no vain hope thatpartial concessions of right will be accepted, may induce the Ministry to trifle with accommodation, till it shall be out of their power ever to accommodate.
If, indeed, Great Britain, disjointed from her colonies, be a match for the most potent nations of Europe, with the colonies thrown into their scale, they may go on securely. But if they are not assured of this, it would be certainly unwise, by trying the event of another campaign, to risk our accepting a foreign aid, which, perhaps, may not be attainable, but on condition of everlasting avulsion from Great Britain.
This would be thought a hard condition, to those who still wish for reunion with their parent country. I am sincerely one of those, and would rather be in dependence on Great Britain, properly limited, than on anyother nation on earth, or than on no nation. But I am one of those, too, who, rather than submit to the rights of legislating for us, assumed by the British Parliament, and which late experience has shown they will so cruelly exercise, would lend my hand to sink the whole Island in the ocean.
If undeceiving the Minister, as to matters of fact, may change his disposition, it will, perhaps, be in your power, by assisting to do this, to render service to the whole empire, at the most critical time, certainly, that it has ever seen. Whether Britain shall continue the head of the greatest empire on earth, or shall return to her original station in the political scale of Europe, depends, perhaps, on the resolutions of the succeeding winter.
God send they may be wise and salutary for us all. I shall be glad to hear from you as often as you may be disposed to think of things here. You may be at liberty, I expect, to communicate some things, consistently with your honor, and the duties you will owe to a protecting nation. Such a communication among individuals, may be mutually beneficial to the contending parties.
On this or any future occasion, if I affirm to you any facts, your knowledge of me will enable you to decide on their credibility; if I hazard opinions on the dispositions of men or other speculative points, you can only know they are my opinions. My best wishes for your felicity, attend you, wherever you go, and believe me to be assuredly, Your friend and servant.
P. S. My collection of classics, & of books of parliamentary learning particularly is not so complete as I could wish. As you are going to the land of literature & of books you may be willing to dispose of some of yours here & replace them there in better editions. I should be willing to treat on this head with any body you may think proper to empower for that purpose.
Letters of Thomas Jefferson 1743 - 1826
SAXONS, NORMANS, AND LAND TENURE
To Edmund Pendleton
Philadelphia, Aug. 13, 1776
DEAR SIR,
Your's of Aug. 3. came to hand yesterday; having had no moment to spare since, I am obliged to set down to answer it at a Committee table while the Committee is collecting. My thoughts therefore on the subject you propose will be merely extempore. The opinion that our lands were allodial possessions is one which I have very long held, and had in my eye during a pretty considerable part of my law reading which I found always strengthened it.
It was mentioned in a very hasty production, intended to have been put under a course of severe correction, but produced afterwards to the world in a way with which you are acquainted. This opinion I have thought & still think to prove if ever I should have time to look into books again. But this is only meant with respect to the English law as transplanted here.
How far our acts of assembly or acceptance of grants may have converted lands which were allodial into feuds I have never considered. This matter is now become a mere speculative point; & we have it in our power to make it what it ought to be for the public good.
It may be considered in the two points of view 1st. as bringing a revenue into the public treasury. 2d. as a tenure. I have only time to suggest hints on each of these heads. 1. Is it consistent with good policy or free government to establish a perpetual revenue?
is it not against the practice of our wise British ancestors? have not the instances in which we have departed from this in Virginia been constantly condemned by the universal voice of our country? is it safe to make the governing power when once seated in office, independent of it's revenue?
should we not have in contemplation & prepare for an event (however deprecated) which may happen in the possibility of things; I mean a reacknowledgment of the British tyrant as our king, & previously strip him of every prejudicial possession?
Remember how universally the people run into the idea of recalling Charles the 2d after living many years under a republican government. As to the second was not the separation of the property from the perpetual use of lands a mere fiction? Is not it's history well known, & the purposes for which it was introduced, to wit, the establishment of a military system of defence?
Was it not afterwards made an engine of immense oppression? Is it wanting with us for the purpose of military defence? May not it's other legal effects (such as them at least as are valuable) be performed in other more simple ways? Has it not been the practice of all other nations to hold their lands as their personal estate in absolute dominion?
Are we not the better for what we have hitherto abolished of the feudal system? Has not every \Jrestitution\j of the antient Saxon laws had happy effects? Is it not better now that we return at once into that happy system of our ancestors, the wisest & most perfect ever yet devised by the wit of man, as it stood before the 8th century.
The idea of Congress selling out unlocated lands has been sometimes dropped, but we have alwais met the hint with such determined opposition that I believe it will never be proposed. I am against selling the lands at all. The people who will migrate to the Westward whether they form part of the old, or of a new colony will be subject to their proportion of the Continental debt then unpaid.
They ought not to be subject to more. They will be a people little able to pay taxes. There is no equity in fixing upon them the whole burthen of this war, or any other proportion than we bear ourselves. By selling the lands to them, you will disgust them, and cause an avulsion of them from the common union.
They will settle the lands in spite of everybody. I am at the same time clear that they should be appropriated in small quantities. It is said that wealthy foreigners will come in great numbers, & they ought to pay for the liberty we shall have provided for them. True, but make them pay in settlers.
A foreigner who brings a settler for every 100, or 200 acres of land to be granted him pays a better price than if he had put into the public treasury 5/ or 5 pound. That settler will be worth to the public 20 times as much every year, as on our old plan he would have paid in one paiment.
I have thrown these loose thoughts together only in obedience to your letter, there is not an atom of them which would not have occurred to you on a moment's contemplation of the subject. Charge yourself therefore with the trouble of reading two pages of such undigested stuff.
By Saturday's post the General wrote us that Ld. Howe had got (I think 100) flat bottomed boats alongside, & 30 of them were then loaded with men; by which it was concluded he was preparing to attack, yet this is Tuesday & we hear nothing further.
The General has by his last return, 17000 some odd men, of whom near 4000 are sick & near 3000 at out posts in Long Island &c. So you may say he has but 10000 effective men to defend the works of New York. His works however are good & his men in spirits, which I hope will be equal to an addition of many thousands.
He had called for 2000 men from the flying camp which were then embarking to him & would certainly be with him in time even if the attack was immediate. The enemy have (since Clinton & his army joined them) 15.000 men of whom not many are sick. Every influence of Congress has been exerted in vain to double the General's force.
It was impossible to prevail on the people to leave their harvest. That is now in, & great numbers are in motion, but they have no chance to be there in time. Should however any disaster befall us at New York they will form a great army on the spot to stop the progress of the enemy. I think there cannot be less than 6 or 8000 men in this city & between it & the flying camp.
Our council complain of our calling away two of the Virginia battalions. But is this reasonable. They have no British enemy, & if human reason is of any use to conjecture future events, they will not have one. Their Indian enemy is not to be opposed by their regular battalions. Other colonies of not more than half their military strength have 20 battalions in the field.
Think of these things & endeavor to reconcile them not only to this, but to yield greater assistance to the common cause if wanted. I wish every battalion we have was now in New York. We yesterday received dispatches from the Commissioners at Fort Pitt. I have not read them, but a gentleman who has, tells me they are favorable.
The Shawanese & Delewares are disposed to peace. I believe it, for this reason. We had by different advices information from the Shawanese that they should strike us, that this was against their will, but that they must do what the Senecas bid them.
At that time we knew the Senecas meditated war. We directed a declaration to be made to the six nations in general that if they did not take the most decisive measures for the preservation of \Jneutrality\j we would never cease waging war with them while one was to be found on the face of the earth. They immediately changed their conduct and I doubt not have given corresponding information to the Shawanese and Delewares.
I hope the Cherokees will now be driven beyond the Missisipi & that this in future will be declared to the Indians the invariable consequence of their beginning a war. Our contest with Britain is too serious and too great to permit any possibility of avocation from the Indians. This then is the season for driving them off, & our Southern colonies are happily rid of every other enemy & may exert their whole force in that quarter.
I hope to leave this place some time this month.
I am Dear Sir, Your affectionate friend
P. S. Mr. Madison of the college & Mr. Johnson of Fredsb'gh are arrived in New York. They say nothing material had happened in England. The French ministry was changed.
Letters of Thomas Jefferson 1743 - 1826
THE VIRGINIA CONSTITUTION
To Edmund Pendleton
Philadelpha, Aug. 26, 1776
DEAR SIR
Your's of the 10'th. inst. came to hand about three days ago, the post having brought no mail with him the last week. You seem to have misapprehended my proposition for the choice of a Senate. I had two things in view: to get the wisest men chosen, & to make them perfectly independent when chosen. I have ever observed that a choice by the people themselves is not generally distinguished for it's wisdom.
This first secretion from them is usually crude & heterogeneous. But give to those so chosen by the people a second choice themselves, & they generally will chuse wise men. For this reason it was that I proposed the representatives (& not the people) should chuse the Senate, & thought I had notwithstanding that made the Senators (when chosen) perfectly independant of their electors.
However I should have no objection to the mode of election proposed in the printed plan of your committee, to wit, that the people of each county should chuse twelve electors, who should meet those of the other counties in the same district & chuse a senator.
I should prefer this too for another reason, that the upper as well as lower house should have an opportunity of superintending & judging of the situation of the whole state & be not all of one neighborhood as our upper house used to be. So much for the wisdom of the Senate. To make them independent, I had proposed that they should hold their places for nine years, & then go out (one third every three years) & be incapable for ever of being re-elected to that house.
My idea was that if they might be re-elected, they would be casting their eye forward to the period of election (however distant) & be currying favor with the electors, & consequently dependant on them. My reason for fixing them in office for a term of years rather than for life, was that they might have in idea that they were at a certain period to return into the mass of the people & become the governed instead of the governor which might still keep alive that regard to the public good that otherwise they might perhaps be induced by their independance to forget.
Yet I could submit, tho' not so willingly to an appointment for life, or to any thing rather than a mere creation by & dependance on the people. I think the present mode of election objectionable because the larger county will be able to send & will always send a man (less fit perhaps) of their own county to the exclusion of a fitter who may chance to live in a smaller county.
I wish experience may contradict my fears. That the Senate as well as lower [or shall I speak truth & call it upper] house should hold no office of profit I am clear; but not that they should of necessity possess distinguished property.
You have lived longer than I have and perhaps may have formed a different judgment on better grounds; but my observations do not enable me to say I think integrity the characteristic of wealth. In general I beleive the decisions of the people, in a body, will be more honest & more disinterested than those of wealthy men: & I can never doubt an attachment to his country in any man who has his family & peculium in it: Now as to the representative house which ought to be so constructed as to answer that character truly. I was for extending the right of suffrage (or in other words the rights of a citizen) to all who had a permanent intention of living in the country.
Take what circumstances you please as evidence of this, either the having resided a certain time, or having a family, or having property, any or all of them. Whoever intends to live in a country must wish that country well, & has a natural right of assisting in the preservation of it. I think you cannot distinguish between such a person residing in the country & having no fixed property, & one residing in a township whom you say you would admit to a vote.
The other point of equal representation I think capital & fundamental. I am glad you think an alteration may be attempted in that matter. The fantastical idea of virtue & the public good being a sufficient security to the state against the commission of crimes, which you say you have heard insisted on by some, I assure you was never mine.
It is only the sanguinary \Jhue\j of our penal laws which I meant to object to. Punishments I know are necessary, & I would provide them, strict & inflexible, but proportioned to the crime. Death might be inflicted for murther & perhaps for \Jtreason\j if you would take out of the description of \Jtreason\j all crimes which are not such in their nature.
Rape, buggery &c -- punish by \Jcastration\j. All other crimes by working on high roads, rivers, gallies &c. a certain time proportioned to the offence. But as this would be no punishment or change of condition to slaves (me miserum!) let them be sent to other countries. By these means we should be freed from the wickedness of the latter, & the former would be living monuments of public vengeance.
Laws thus proportionate & mild should never be dispensed with. Let mercy be the character of the lawgiver, but let the judge be a mere machine. The mercies of the law will be dispensed equally & impartially to every description of men; those of the judge, or of the executive power, will be the eccentric impulses of whimsical, capricious designing man.
I am indebted to you for a topic to deny to the Pensylvania claim to a line 39 complete degrees from the equator. As an advocate I shall certainly insist on it; but I wish they would compromise by an extension of Mason & Dixon's line. They do not agree to the temporary line proposed by our assembly.
We have assurance (not newspaper, but Official) that the French governors of the West Indies have received orders not only to furnish us with what we want but to protect our ships. They will convoy our vessels, they say, thro' the line of British cruisers. What you will see in the papers of capt Weeks is indubitably true.
The inhabitants of S't. Pierre's went out in boats to see the promised battle, but the British captain chose not to shew. By our last letters from N. York the enemy had landed 8000 men on Long island. On Friday a small party, about 40, of them were out maroding & had got some \Jcattle\j in a barn. Some riflemen (with whom was our Jamieson) attacked them, took away the \Jcattle\j, they retired as far as the house of Judge Lifford where were their officer's quarters, they were beaten thence also, & the house burnt by the riflemen.
It is alwais supposed you know that good execution was done. One officer was killed & left with 9 guineas in his pocket, which shews they were in a hurry; the swords & fusees of three other officers were found, the owners supposed to be killed or wounded & carried away. On Saturday about 2000 of them attempted to march to Bedford.
Colo Hans's battalion of 300 \JPennsylvania\j riflemen having posted themselves in a cornfeild & a wood to advantage attacked them. The enemy had some of their Jagers with the m, who it seems are German riflemen used to the woods. General Sullivan (who commands during the illness of Gen'l. Green) sent some musquetry to support the riflemen.
The enemy gave way & were driven half a mile beyond their former station. Among the dead left on the way, were three Jagers. Gen'l. Washington had sent over 6 battal's. to join Sullivan who had before three thousand, some say & rightly I beleive 6000; & had posted 5 battalions more on the water side ready to join Sullivan if the enemy should make that the field of trial, or to return to N. York if wanted there.
A general embarkation was certainly begun. 13. transports crouded with men had fallen down to the narrows & others loading. So that we expect every hour to hear of this great affair. Washington by his last return had 23,000 men of whom however 5000 were sick.
Since this, Colo Aylett just returned from there, tells us he has received 16 new England battalions, so that we may certainly hope he has 25,000 effective, which is about the strength of the enemy probably, tho' we have never heard certainly that their last 5000, are come, in which case I should think they have but 20,000. Washington discovers a confidence, which he usually does only on very good grounds. He sais his men are high in spirits.
Those ordered to Long island went with the eagerness of young men going to a dance. A few more skirmishes would be an excellent preparative for our people. Provisions on Staten island were become so scarce that a cow sold for ten pounds, a sheep for ten dollars.
They were barreling up all the horse flesh they could get. Colo Lee being not yet come I am still here, & suppose I shall not get away till about this day se'nnight. I shall see you in Williamsburgh the morning of the Assembly. Adieu.
\B\IFor more information click on \b\i\JLetters of Thomas Jefferson (continued 3)\j
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"Letters of Thomas Jefferson (continued 3)",51,0,0,0
FIRST LETTER TO ADAMS
To John Adams
Williamsburgh, May 16, 1777
DEAR SIR
Matters in our part of the continent are too much in quiet to send you news from hence. Our battalions for the Continental service were some time ago so far filled as rendered the recommendation of a draught from the militia hardly requisite, and the more so as in this country it ever was the most unpopular and impracticable thing that could be attempted.
Our people even under the monarchical government had learnt to consider it as the last of all oppressions. I learn from our delegates that the Confederation is again on the carpet. A great and a necessary work, but I fear almost desperate. The point of representation is what most alarms me, as I fear the great and small colonies are bitterly determined not to cede.
Will you be so good as to recollect the proposition I formerly made you in private and try if you can work it into some good to save our union? It was that any proposition might be negatived by the representatives of a majority of the people of America, or of a majority of the colonies of America. The former secures the larger the latter the smaller colonies.
I have mentioned it to many here. The good \Jwhigs\j I think will so far cede their opinions for the sake of the Union, and others we care little for. The journals of congress not being printed earlier gives more uneasiness than I would ever wish to see produced by any act of that body, from whom alone I know our salvation can proceed. In our assembly even the best affected think it an indignity to freemen to be voted away life and fortune in the dark.
Our house have lately written for a M.S. copy of your journals, not meaning to desire a communication of any thing ordered to be kept secret. I wish the regulation of the post office adopted by Congress last September could be put in practice. It was for the riders to travel night and day, and to go their several stages three times a week.
The speedy and frequent communication of intelligence is really of great consequence. So many falshoods have been propagated that nothing now is beleived unless coming from Congress or camp. Our people merely for want of intelligence which they may rely on are become lethargick and insensible of the state they are in.
Had you ever a leisure moment I should ask a letter from you sometime directed to the care of Mr. Dick, Fredericksburgh: but having nothing to give in return it would be a tax on your charity as well as your time. The esteem I have for you privately, as well as for your public importance will always render assurances of your health and happiness agreeable. I am Dear Sir Your friend and servt:
Letters of Thomas Jefferson 1743 - 1826
"THE FAVORITE PASSION OF MY SOUL"
To Giovanni Fabbroni
Williamsburg in Virginia, June 8, 1778
SIR,
Your letter of Sep. 15. 1777 from Paris comes safe to hand. We have not however had the pleasure of seeing Mr. De Cenis, the bearer of it in this country, as he joined the army in \JPennsylvania\j as soon as he arrived. I should have taken particular pleasure in serving him on your recommendation.
From the kind anxiety expressed in your letter as well as from other sources of information we discover that our enemies have filled Europe with Thrasonic accounts of victories they had never won and conquests they were fated never to make. While these accounts alarmed our friends in Europe they afforded us diversion.
We have long been out of all fear for the event of the war. I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at \JLexington\j in April, 1775, until November, 1777, since which there has been no event of any consequence. This is the best history of the war which can be brought within the compass of a letter.
I believe the account to be near the truth, tho' it is difficult to get at the numbers lost by an enemy with absolute precision. Many of the articles have been communicated to us from England as taken from the official returns made by their General. I wish it were in my power to send you as just an account of our loss. But this cannot be done without an application to the war office which being in another county is at this time out of my reach.
I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy.
If there could have been a doubt before as to the event of the war it is now totally removed by the interposition of \JFrance\j, & the generous alliance she has entered into with us. Tho' much of my time is employed in the councils of America I have yet a little leisure to indulge my fondness for philosophical studies.
I could wish to correspond with you on subjects of that kind. It might not be unacceptable to you to be informed for instance of the true power of our climate as discoverable from the thermometer, from the force & direction of the winds, the quantity of rain, the plants which grow without shelter in winter &c.
On the other hand we should be much pleased with contemporary observations on the same particulars in your country, which will give us a comparative view of the two climates. Farenheit's thermometer is the only one in use with us, I make my daily observations as early as possible in the morning & again about 4 o'clock in the afternoon, these generally showing the maxima of cold & heat in the course of 24 hours.
I wish I could gratify your Botanical taste; but I am acquainted with nothing more than the first principles of that science; yet myself & my friends may furnish you with any Botanical subjects which this country affords, and are not to be had with you; and I shall take pleasure in procuring them when pointed out by you. The greatest difficulty will be the means of conveyance during the continuance of the war.
If there is a gratification which I envy any people in this world, it is to your country its music. This is the favorite passion of my soul, & fortune has cast my lot in a country where it is in a state of deplorable barbarism. From the line of life in which we conjecture you to be, I have for some time lost the hope of seeing you here.
Should the event prove so, I shall ask your assistance in procuring a substitute, who may be a proficient in singing, & on the \JHarpsichord\j. I should be contented to receive such an one two or three years hence, when it is hoped he may come more safely and find here a greater plenty of those useful things which commerce alone can furnish.
The bounds of an American fortune will not admit the indulgence of a domestic band of musicians, yet I have thought that a passion for music might be reconciled with that economy which we are obliged to observe. I retain for instance among my domestic servants a gardener (Ortolans), a weaver (Tessitore di lino e lin), a cabinet maker (Stipeltaio) and a stone cutter (Scalpellino laborante in piano) to which I would add a vigneron.
In a country where like yours music is cultivated and practised by every class of men I suppose there might be found persons of those trades who could perform on the French horn, \Jclarinet\j or hautboy & \Jbassoon\j, so that one might have a band of two French horns, two clarinets, & hautboys & a \Jbassoon\j, without enlarging their domestic expenses.
A certainty of employment for a half dozen years, and at the end of that time to find them if they choose a conveyance to their own country might induce them to come here on reasonable wages. Without meaning to give you trouble, perhaps it might be practicable for you in [your] ordinary intercourse with your people, to find out such men disposed to come to America.
Sobriety and good nature would be desirable parts of their characters. If you think such a plan practicable, and will be so kind as to inform me what will be necessary to be done on my part I will take care that it shall be done. The necessary expenses, when informed of them, I can remit before they are wanting, to any port in \JFrance\j, with which country alone we have safe correspondence. I am Sir with much esteem your humble servant.
Letters of Thomas Jefferson 1743 - 1826
"A TRUE WHIG IN SCIENCE"
To David Rittenhouse
Monticello in Albemarle, Virginia, July 19, 1778
DEAR SIR,
I sincerely congratulate you on the recovery of Philadelphia, and wish it may be found uninjured by the enemy how far the interests of literature may have suffered by the injury or removal of the Orrery (as it is miscalled) the publick libraries, your papers & implements, are doubts which still excite anxiety.
We were much disappointed in Virginia generally on the day of the great eclipse, which proved to be cloudy. In Williamsburgh, where it was total, I understand only the beginning was seen. At this place which is in Lat. 38 degrees-8' and Longitude West from Williamsburgh about 1 degrees-45' as is conjectured, eleven digits only were supposed to be covered, as it was not seen at all till the moon had advanced nearly one third over the sun's disc.
Afterwards it was seen at intervals through the whole. The egress particularly was visible. It proved however of little use to me for want of a time piece that could be depended on; which circumstance, together with the subsequent restoration of Philadelphia to you, has induced me to trouble you with this letter to remind you of your kind promise of making me an accurate clock; which being intended for astronomical purposes only, I would have divested of all apparatus for striking or for any other purpose, which by increasing it's complication might disturb it's accuracy.
A companion to it, for keeping seconds, and which might be moved easily, would greatly add to it's value. The theodolite, for which I spoke to you also, I can now dispense with, having since purchased a most excellent one.
Writing to a philosopher, I may hope to be pardoned for intruding some thoughts of my own tho' they relate to him personally. Your time for two years past has, I believe, been principally employed in the civil government of your country.
Tho' I have been aware of the authority our cause would acquire with the world from it's being known that yourself & Doc't. Franklin were zealous friends to it and am myself duly impressed with a sense of the arduousness of government, and the obligation those are under who are able to conduct it, yet I am also satisfied there is an order of geniusses above that obligation, & therefore exempted from it, nobody can conceive that nature ever intended to throw away a Newton upon the occupations of a crown.
It would have been a prodigality for which even the conduct of providence might have been arraigned, had he been by birth annexed to what was so far below him. Cooperating with nature in her ordinary economy we should dispose of and employ the geniusses of men according to their several orders and degrees.
I doubt not there are in your country many persons equal to the task of conducting government: but you should consider that the world has but one Ryttenhouse, & that it never had one before. The amazing mechanical representation of the solar system which you conceived & executed, has never been surpassed by any but the work of which it is a copy.
Are those powers then, which being intended for the erudition of the world are, like air and light, the world's common property, to be taken from their proper pursuit to do the commonplace drudgery of governing a single state, a work which my be executed by men of an ordinary stature, such as are always & everywhere to be found?
Without having ascended mount \JSinai\j for inspiration, I can pronounce that the precept, in the \Jdecalogue\j of the vulgar, that they shall not make to themselves "the likeness of anything that is in the heavens above" is reversed for you, and that you will fulfil the highest purposes of your creation by employing yourself in the perpetual breach of that inhibition.
For my own country in particular you must remember something like a promise that it should be adorned with one of them. The taking of your city by the enemy has hitherto prevented the proposition from being made & approved by our legislature.
The zeal of a true whig in science must excuse the hazarding these free thoughts, which flow from a desire of promoting the diffusion of knowledge & of your fame, and from one who can assure you truly that he is with much sincerity & esteem Your most obed't. & most humble serv't.
P. S. If you can spare as much time as to give me notice of the receipt of this, & what hope I may form of my clocks, it will oblige me. If sent to Fredericksburgh it will come safe to hand.
\B\IFor more information click on \b\i\JLetters of Thomas Jefferson (continued 4)\j
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"Letters of Thomas Jefferson (continued 4)",52,0,0,0
WAR AND HUMANITY
To Patrick Henry
Albemarle, March 27, 1779
Sir,
A report prevailing here, that in consequence of some powers from Congress, the Governor and Council have it in contemplation to remove the Convention troops, either wholly or in part, from their present situation, I take the liberty of troubling you with some observations on that subject.
The reputation and interest of our country, in general, may be affected by such a measure: it would, therefore, hardly be deemed an indecent liberty in the most private citizen, to offer his thoughts to the consideration of the Executive.
The locality of my situation, particularly in the neighborhood of the present barracks, and the public relation in which I stand to the people among whom they are situated, together with a confidence which a personal knowledge of the members of the Executive gives me, that they will be glad of information from any quarter, on a subject interesting to the public, induce me to hope that they will acquit me of impropriety in the present representation.
By an article in the Convention of Saratoga, it is stipulated, on the part of the United States, that the officers shall not be separated from their men. I suppose the term officers, includes general as well as regimental officers.
As there are general officers who command all the troops, no part of them can be separated from these officers without a violation of the article: they cannot, of course, be separated from one another, unless the same general officer could be in different places at the same time. It is true, the article adds the words, "as far as circumstances will admit."
This was a necessary qualification; because, in no place in America, I suppose, could there have been found quarters for both officers and men together; those for the officers to be according to their rank. So far, then, as the circumstances of the place where they should be quartered, should render a separation necessary, in order to procure quarters for the officers, according to their rank, the article admits that separation.
And these are the circumstances which must have been under the contemplation of the parties; both of whom, and all the world beside (who are ultimate judges in the case), would still understand that they were to be as near in the environs of the camp, as convenient quarters could be procured; and not that the qualification of the article destroyed the article itself, and laid it wholly at our discretion.
Congress, indeed, have admitted of this separation; but are they so far lords of right and wrong as that our consciences may be quiet with their dispensation? Or is the case amended by saying they leave it optional in the Governor and Council to separate the troops or not?
At the same time that it exculpates not them, it is drawing the Governor and Council into a participation in the breach of faith. If indeed it is only proposed, that a separation of the troops shall be referred to the consent of their officers; that is a very different matter.
Having carefully avoided conversation with them on public subjects, I cannot say, of my own knowledge, how they would relish such a proposition. I have heard from others, that they will choose to undergo anything together, rather than to be separated, and that they will remonstrate against it in the strongest terms.
The Executive, therefore, if voluntary agents in this measure, must be drawn into a paper war with them, the more disagreeable, as it seems that faith and reason will be on the other side.
As an American, I cannot help feeling a thorough mortification, that our Congress should have permitted an infraction of our public honor; as a citizen of Virginia, I cannot help hoping and confiding, that our Supreme Executive, whose acts will be considered as the acts of the Commonwealth, estimate that honor too highly to make its infraction their own act. I may be permitted to hope, then, that if any removal takes place, it will be a general one; and, as it is said to be left to the Governor and Council to determine on this, I am satisfied that, suppressing every other consideration, and weighing the matter dispassionately, they will determine upon this sole question, Is it for the benefit of those for whom they act, that the Convention troops should be removed from among them?
Under the head of interest, these circumstances, viz., the expense of building barracks, said to have been pound 25,000, and of removing the troops back-wards and forwards, amounting to, I know not how much, are not to be permitted, merely because they are Continental expenses; for we are a part of the Continent; we must pay a shilling of every dollar wasted.
But the sums of money which, by these troops, or on their account, are brought into, and expended in this State, are a great and local advantage. This can require no proof. If, at the conclusion of the war, for instance, our share of the Continental debt should be twenty millions of dollars, or say that we are called on to furnish an annual quota of two millions four hundred thousand dollars, to Congress, to be raised by tax, it is obvious that we should raise these given sums with greater or less ease, in proportion to the greater or less quantity of money found in circulation among us.
I expect that our circulating money is [increased?], by the presence of these troops, at the rate of $30,000 a week, at the least. I have heard, indeed, that an objection arises to their being kept within this State, from the information of the commissary that they cannot be subsisted here. In attending to the information of that officer, it should be borne in mind that the county of King William and its vicinities are one thing, the territory of Virginia another.
If the troops could be fed upon long letters, I believe the gentleman at the head of that department in this country, would be the best commissary upon earth. But till I see him determined to act, not to write; to sacrifice his domestic ease to the duties of his appointment, and apply to the resources of this country, wheresoever they are to be had, I must entertain a different opinion of him. I am mistaken if, for the animal subsistence of the troops hitherto, we are not principally indebted to the genius and exertions of Hawkins, during the very short time he lived after his appointment to that department, by your board.
His eye immediately pervaded the whole State, it was reduced at once to a regular machine, to a system, and the whole put into movement and animation by the fiat of a comprehensive mind. If the Commonwealth of Virginia cannot furnish these troops with bread, I would ask of the commissariat, which of the thirteen is now become the grain colony?
If we are in danger of \Jfamine\j from the addition of four thousand mouths, what is become of that surplus of bread, the exportation of which used to feed the West Indies and Eastern States, and fill the colony with hard money?
When I urge the sufficiency of this State, however, to subsist these troops, I beg to be understood, as having in contemplation the quantity of provisions necessary for their real use, and not as calculating what is to be lost by the wanton waste, mismanagement, and carelessness of those employed about it.
If magazines of beef and pork are suffered to rot by slovenly butchering, or for want of timely provision and sale; if quantities of flour are exposed, by the commissaries entrusted with the keeping it, to pillage and destruction; and if, when laid up in the Continental stores, it is still to be embezzled and sold, the land of \JEgypt\j itself would be insufficient for their supply, and their removal would be necessary, not to a more plentiful country, but to more able and honest commissaries.
Perhaps the magnitude of this question, and its relation to the whole State, may render it worth while to await the opinion of the National Council, which is now to meet within a few weeks. There is no danger of distress in the meantime, as the commissaries affirm they have a great sufficiency of provisions for some time to come.
Should the measure of removing them into another State be adopted, and carried into execution, before the meeting of Assembly, no disapprobation of theirs will bring them back, because they will then be in the power of others, who will hardly give them up.
Want of information as to what may be the precise measure proposed by the Governor and Council, obliges me to shift my ground, and take up the subject in every possible form. Perhaps, they have not thought to remove the troops out of this State altogether, but to some other part of it.
Here, the objections arising from the expenses of removal, and of building new barracks, recur. As to animal food, it may be driven to one part of the country as easily as to another: that circumstance, therefore, may be thrown out of the question.
As to bread, I suppose they will require about forty or forty-five thousand bushels of grain a year. The place to which it is to be brought to them, is about the centre of the State. Besides, that the country round about is fertile, all the grain made in the counties adjacent to any kind of navigation, may be brought by water to within twelve miles of the spot.
For these twelve miles, wagons must be employed; I suppose half a dozen will be a plenty. Perhaps, this part of the expense might have been saved, had the barracks been built on the water; but it is not sufficient to justify their being abandoned now they are built. Wagonage, indeed, seems to the commissariat an article not worth economising.
The most wanton and studied circuity of transportation has been practised: to mention only one act, they have bought quantities of flour for these troops in Cumberland, have ordered it to be wagoned down to Manchester, and wagoned thence up to the barracks. This fact happened to fall within my own knowledge.
I doubt not there are many more such, in order either to produce their total removal, or to run up the expenses of the present situation, and satisfy Congress that the nearer they are brought to the commissary's own bed, the cheaper they will be subsisted.
The grain made in the western counties may be brought partly in wagons, as conveniently to this as to any other place; perhaps more so, on account of its vicinity to one of the best passes through the Blue Ridge; and partly by water, as it is near to James river, to the navigation of which, ten counties are adjacent above the falls.
When I said that the grain might be brought hither from all the counties of the State adjacent to navigation, I did not mean to say it would be proper to bring it from all. On the contrary, I think the commissary should be instructed, after the next harvest, not to send one bushel of grain to the barracks from below the falls of the rivers, or from the northern counties.
The counties on tide water are accessible to the calls for our own army. Their supplies ought, therefore, to be husbanded for them. The counties in the northwestern parts of the State are not only within reach for our own grand army, but peculiarly necessary for the support of Macintosh's army; or for the support of any other northwestern expedition, which the uncertain conduct of the Indians should render necessary; insomuch, that if the supplies of that quarter should be misapplied to any other purpose, it would destroy, in embryo, every exertion, either for particular or general safety there.
The counties above tide water, in the middle and southern and western parts of the country, are not accessible to calls for either of those purposes, but at such an expense of transportation as the article would not bear.
Here, then, is a great field, whose supplies of bread cannot be carried to our army, or rather, which will raise no supplies of bread, because there is nobody to eat them. Was it not, then, wise in Congress to remove to that field four thousand idle mouths, who must otherwise have interfered with the pasture of our own troops?
And, if they are removed to any other part of the country, will it not defeat this wise purpose? The mills on the waters of James river, above the falls, open to canoe navigation, are very many. Some of them are of great note, as manufacturers. The barracks are surrounded by mills. There are five or six round about \JCharlottesville\j.
Any two or three of the whole might, in the course of the winter, manufacture flour sufficient for the year. To say the worst, then, of this situation, it is but twelve miles wrong. The safe custody of these troops is another circumstance worthy consideration.
Equally removed from the access of an eastern or western enemy; central to the whole State, so that should they attempt an irruption in any direction, they must pass through a great extent of hostile country; in a neighborhood thickly inhabited by a robust and hardy people zealous in the American cause, acquainted with the use of arms, and the defiles and passes by which they must issue: it would seem, that in this point of view, no place could have been better chosen.
Their health is also of importance. I would not endeavor to show that their lives are valuable to us, because it would suppose a possibility, that humanity was kicked out of doors in America, and interest only attended to. The barracks occupy the top and brow of a very high hill, (you have been untruly told they were in a bottom.)
They are free from bog, have four springs which seem to be plentiful, one within twenty yards of the piquet, two within fifty yards, and another within two hundred and fifty, and they propose to sink wells within the piquet. Of four thousand people, it should be expected, according to the ordinary calculations, that one should die every day.
Yet, in the space of near three months, there have been but four deaths among them; two infants under three weeks old, and two others by apoplexy. The officers tell me, the troops were never before so healthy since they were embodied.
But is an enemy so execrable, that, though in captivity, his wishes and comforts are to be disregarded and even crossed? I think not. It is for the benefit of mankind to mitigate the horrors of war as much as possible. The practice, therefore, of modern nations, of treating captive enemies with politeness and generosity, is not only delightful in contemplation, but really interesting to all the world, friends, foes, and neutrals.
Let us apply this: the officers, after considerable hardships, have all procured quarters, comfortable and satisfactory to them. In order to do this, they were obliged, in many instances, to hire houses for a year certain, and at such exorbitant rents, as were sufficient to tempt independent owners to go out of them, and shift as they could.
These houses, in most cases, were much out of repair. They have repaired them at a considerable expense. One of the general officers has taken a place for two years, advanced the rent for the whole time, and been obliged, moreover, to erect additional buildings for the accommodation of part of his family, for which there was not room in the house rented. Independent of the brick work, for the carpentry of these additional buildings, I know he is to pay fifteen hundred dollars.
The same gentleman, to my knowledge, has paid to one person three thousand six hundred and seventy dollars for different articles to fix himself commodiously. They have generally laid in their stocks of grain and other provisions, for it is well known that officers do not live on their rations.
They have purchased cows, sheep, &c., set in to farming, prepared their gardens, and have a prospect of comfort and quiet before them. To turn to the soldiers: the environs of the barracks are delightful, the ground cleared, laid off in hundreds of gardens, each enclosed in its separate paling; these well prepared, and exhibiting a fine appearance.
General Riedezel alone laid out upwards of two hundred pounds in garden seeds for the German troops only. Judge what an extent of ground these seeds would cover. There is little doubt that their own gardens will furnish them a great abundance of vegetables through the year. Their poultry, pigeons and other preparations of that kind, present to the mind the idea of a company of farmers, rather than a camp of soldiers.
In addition to the barracks built for them by the public, and now very comfortable, they have built great numbers for themselves, in such messes as fancied each other; and the whole corps, both officers and men, seem now happy and satisfied with their situation.
Having thus found the art of rendering captivity itself comfortable, and carried it into execution, at their own great expense and labor, their spirits sustained by the prospect of gratifications rising before their eyes, does not every sentiment of humanity revolt against the proposition of stripping them of all this, and removing them into new situations, where, from the advanced season of the year, no preparations can be made for carrying themselves comfortably through the heats of summer; and when it is known that the necessary advances for the conveniences already provided, have exhausted their funds and left them unable to make the like exertions anew.
Again, review this matter, as it may regard appearances. A body of troops, after staying a twelvemonth at \JBoston\j, are ordered to take a march of seven hundred miles to Virginia, where, it is said, they may be plentifully subsisted. As soon as they are there, they are ordered on some other march, because, in Virginia, it is said, they cannot be subsisted.
Indifferent nations will charge this either to ignorance, or to whim and caprice; the parties interested, to cruelty. They now view the proposition in that light, and it is said, there is a general and firm persuasion among them, that they were marched from \JBoston\j with no other purpose than to harass and destroy them with eternal marches.
Perseverance in object, though not by the most direct way, is often more laudable than perpetual changes, as often as the object shifts light. A character of steadiness in our councils, is worth more than the subsistence of four thousand people.
There could not have been a more unlucky concurrence of circumstances than when these troops first came. The barracks were unfinished for want of laborers, the spell of weather the worst ever known within the memory of man, no stores of bread laid in, the roads, by the weather and number of wagons, soon rendered impassable: not only the troops themselves were greatly disappointed, but the people in the neighborhood were alarmed at the consequences which a total failure of provisions might produce.
In this worst state of things, their situation was seen by many and disseminated through the country, so as to occasion a general dissatisfaction, which even seized the minds of reasonable men, who, if not affected by the contagion, must have foreseen that the prospect must brighten, and that great advantages to the people must necessarily arise.
It has, accordingly, so happened. The planters, being more generally sellers than buyers, have felt the benefit of their presence in the most vital part about them, their purses, and are now sensible of its source. I have too good an opinion of their love of order to believe that a removal of these troops would produce any irregular proofs of their disapprobation, but I am well assured it would be extremely odious to them.
To conclude. The separation of these troops would be a breach of public faith, therefore I suppose it is impossible; if they are removed to another State, it is the fault of the commissaries; if they are removed to any other part of the State, it is the fault of the commissaries; and in both cases, the public interest and public security suffer, the comfortable and plentiful subsistence of our own army is lessened, the health of the troops neglected, their wishes crossed, and their comforts torn from them, the character of whim and caprice, or, what is worse, of cruelty, fixed on us as a nation, and, to crown the whole, our own people disgusted with such a proceeding.
I have thus taken the liberty of representing to you the facts and the reasons, which seem to militate against the separation or removal of these troops. I am sensible, however, that the same subject may appear to different persons, in very different lights. What I have urged as reasons, may, to sounder minds, be apparent fallacies. I hope they will appear, at least, so plausible, as to excuse the interposition of
Your Excellency's most obedient and most humble servant.
\B\IFor more information click on \b\i\JLetters of Thomas Jefferson (continued 5)\j
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"Letters of Thomas Jefferson (continued 5)",53,0,0,0
THE TRAITOR ARNOLD
To J. P. G. Muhlenberg
Richmond, Jan. 31, 1781
SIR,
Acquainted as you are with the treasons of Arnold, I need say nothing for your information, or to give you a proper sentiment of them. You will readily suppose that it is above all things desirable to drag him from those under whose wing he is now sheltered. On his march to and from this place I am certain it might have been done with facility by men of enterprise & firmness.
I think it may still be done though perhaps not quite so easily. Having peculiar confidence in the men from the Western side of the Mountains, I meant as soon as they should come down to get the enterprise proposed to a chosen number of them, such whose courage & whose fidelity would be above all doubt.
Your perfect knowlege of those men personally, and my confidence in your discretion, induce me to ask you to pick from among them proper characters, in such number as you think best, to reveal to them our desire, & engage them to undertake to seize and bring off this greatest of all traitors.
Whether this may be best effected by their going in as friends & awaiting their opportunity, or otherwise is left to themselves. The smaller the number the better; so that they be sufficient to manage him. Every necessary caution must be used on their part, to prevent a discovery of their design by the enemy, as should they be taken, the laws of war will justify against them the most rigorous sentence.
I will undertake if they are successful in bringing him off alive, that they shall receive five thousand guineas reward among them. And to men formed for such an enterprise it must be a great incitement to know that their names will be recorded with glory in history with those of Vanwert, Paulding & Williams.
The enclosed order from Baron Steuben will authorize you to call for & dispose of any force you may think necessary, to place in readiness for covering the enterprise & securing the retreat of the party. Mr. Newton the bearer of this, & to whom its contents are communicated in confidence, will provide men of trust to go as guides.
These may be associated in the enterprise or not, as you please; but let that point be previously settled that no difficulties may arise as to the parties entitled to participate of the reward. You know how necessary profound secrecy is in this business, even if it be not undertaken.
Letters of Thomas Jefferson 1743 - 1826
WELCOME TO THE MARGUIS
To Lafayette
Richmond, March 10th, 1781
SIR
Intending that this shall await your arrival in this State I with great joy welcome you on that event. I am induced to from the very great esteem your personal character and the Hopes I entertain of your relieving us from our enemy within this State.
Could any circumstances have rendered your presence more desirable or more necessary it is the unfortunate one which obliges me to enclose you the enclosed papers.
I trust that your future Acquaintance with the Executive of the State will evince to you that among their faults is not to be counted a want of dispostion to second the views of the Commander against our common Enemy.
We are too much interested in the present scene & have too much at stake to leave a doubt on that Head. Mild Laws, a People not used to prompt obedience, a want of provisions of War & means of procuring them render our orders often ineffectual, oblige us to temporise & when we cannot accomplish an object in one way to attempt it in another.
Your knowledge of these circumstances with a temper to accommodate them ensure me your cooperation in the best way we can, when we shall be able to pursue the way we would wish.
I still hope you will find our preparations not far short of the Information I took the Liberty of giving you in my letter of the 8th instant. I shall be very happy to receive your first Applications for whatever may be necessary for the public service and to convince you of our disposition to promote it as far as the Abilities of the State and Powers of the Executive will enable us.
Letters of Thomas Jefferson 1743 - 1826
APPEAL TO THE COMMANDER IN CHIEF
To George Washington
Charlottesville, May 28th, 1781
SIR,
I make no doubt you will have heard, before this shall have the honour of being presented to your Excellency, of the junction of Ld Cornwallis with the force at Petersburg under Arnold, who had succeeded to the command on the death of Majr. Genl Phillips.
I am now advised that they have evacuated Petersburg, joined at Westover a reinforcement of 2000 men just arrived from New york, crossed James River, and on the 26th instant, were three miles advanced on their way towards Richmond; at which place Majr Genl the Marquis Fayette, lay with three thousand men Regulars and militia: these being the whole number we could arm, until the arrival of the 1100 arms from Rhode Island, which are about this time at the place where our Public stores are deposited.
The whole force of the Enemy within this State, from the best intelligence I have been able to get, is I think about 7000 men, infantry and cavalry, including, also, the small garrison left at Portsmouth: a number of privateers, which are constantly ravaging the Shores of our rivers, prevent us from receiving any aid from the Counties lying on navigable waters; and powerful operations meditated against our Western frontier, by a joint force of British, and Indian Savages, have as your Excellency before knew, obliged us to embody, between two and three thousand men in that quarter.
Your Excellency will judge from this State of things, and from what you know of our country, what it may probably suffer during the present campaign.
Should the Enemy be able to produce no opportunity of annihilating the Marquis's army a small proportion of their force may yet restrain his movements effectually while the greater part employed in detachment to waste an unarmed country and lead the minds of the people to acquiesce under those events which they see no human power prepared to ward off.
We are too far removed from the other scenes of war to say whether the main force of the Enemy be within this State. But I suppose they cannot anywhere spare so great an army for the operations of the field.
Were it possible for this circumstance to justify in your Excellency a determination to lend us your personal aid, it is evident from the universal voice, that the presence of their beloved Countryman, whose talents have so long been successfully employed, in establishing the freedom of kindred States, to whose person they have still flattered themselves they retained some right and have ever looked up as their dernier resort in distress.
That your appearance among them I say would restore full confidence of salvation, and would render them equal to whatever is not impossible. I cannot undertake to foresee and obviate the difficulties which lie in the way of such a resolution: The whole subject is before you of which I see only detached parts; and your judgment will be formed on a view of the whole.
Should the danger of this State and its consequence to the Union be such as to render it best for the whole that you should repair to its assistance the difficulty would be how to keep men out of the field. I have undertaken to hint this matter to your Excellency not only on my own sense of its importance to us but at the solicitations of many members of weight in our Legislature which has not yet Assembled to speak their own desires.
A few days will bring to me that relief which the constitution has prepared for those oppressed with the labours of my office and a long declared resolution of relinquishing it to abler hands has prepared my way for retirement to a private station: still as an individual I should feel the comfortable effects of your presence, and have (what I thought could not have been) an additional motive for that gratitude, esteem, & respect with which I have the honour to be, your Excellency's most obedient humble servant.
\B\IFor more information click on \b\i\JLetters of Thomas Jefferson (continued 6)\j
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"Letters of Thomas Jefferson (continued 6)",54,0,0,0
LIMITS OF PUBLIC DUTY
To James Monroe
Monticello, May 20, 1782
DEAR SIR,
I have been gratified with the receipt of your two favours of the 6th & 11th inst. It gives me pleasure that your county has been wise enough to enlist your talents into their service. I am much obliged by the kind wishes you express of seeing me also in Richmond, and am always mortified when anything is expected from me which I cannot fulfill, & more especially if it relate to the public service.
Before I ventured to declare to my countrymen my determination to retire from public employment, I examined well my heart to know whether it were thoroughly cured of every principle of political ambition, whether no lurking particle remained which might leave me uneasy when reduced within the limits of mere private life.
I became satisfied that every fibre of that passion was thoroughly eradicated. I examined also in other views my right to withdraw.
I considered that I had been thirteen years engaged in public service, that during that time I had so totally abandoned all attention to my private affairs as to permit them to run into great disorder and ruin, that I had now a family advanced to years which require my attention & instruction, that to these were added the hopeful offspring of a deceased friend whose memory must be forever dear to me who have no other reliance for being rendered useful to themselves & their country, that by a constant sacrifice of time, labour, loss, parental & family duties, I had been so far from gaining the affection of my countrymen, which was the only reward I ever asked or could have felt, that I had even lost the small estimation I before possessed.
That however I might have comforted myself under the disapprobation of the well-meaning but uninformed people yet that of their representatives was a shock on which I had not calculated: that this indeed had been followed by an exculpatory declaration.
But in the meantime I had been suspected & suspended in the eyes of the world without the least hint then or afterwards made public which might restrain them from supposing that I stood arraigned for \Jtreason\j of the heart and not merely weakness of the head; and I felt that these injuries, for such they have been since acknowledged had inflicted a wound on my spirit which will only be cured by the all-healing grave.
If reason & inclination unite in justifying my retirement, the laws of my country are equally in favor of it. Whether the state may command the political services of all it's members to an indefinite extent, or if these be among the rights never wholly ceded to the public power, is a question which I do not find expressly decided in England.
Obiter dictums on the subject I have indeed met with, but the complexion of the times in which these have dropped would generally answer them, besides that this species of authority is not acknowledged in our profession. In this country however since the present government has been established the point has been settled by uniform, pointed & multiplied precedents.
Offices of every kind, and given by every power, have been daily & hourly declined & resigned from the declaration of independance to this moment. The genl assembly has accepted these without discrimination of office, and without ever questioning them in point of right.
If a difference between the office of a delegate & any other could ever have been supposed, yet in the case of Mr. Thompson Mason who declined the office of delegate & was permitted so to do by the house that supposition has been proved to be groundless. But indeed no such distinction of offices can be admitted.
Reason and the opinions of the lawyers putting all on a footing as to this question and so giving to the delegate the aid of all the precedents of the refusal of other offices. The law then does not warrant the assumption of such a power by the state over it's members.
For if it does where is that law? nor yet does reason, for tho' I will admit that this does subject every individual if called on to an equal tour of political duty yet it can never go so far as to submit to it his whole existence.
If we are made in some degree for others, yet in a greater are we made for ourselves. It were contrary to feeling & indeed ridiculous to suppose that a man had less right in himself than one of his neighbors or indeed all of them put together. This would be \Jslavery\j & not that liberty which the bill of rights has made inviolable and for the preservation of which our government has been charged.
Nothing could so completely divest us of that liberty as the establishment of the opinion that the state has a perpetual right to the services of all it's members. This to men of certain ways of thinking would be to annihilate the blessing of existence; to contradict the giver of life who gave it for happiness & not for wretchedness; and certainly to such it were better that they had never been born.
However with these I may think public service & private misery inseparably linked together, I have not the vanity to count myself among those whom the state would think worth oppressing with perpetual service. I have received a sufficient memento to the contrary. I am persuaded that having hitherto dedicated to them the whole of the active & useful part of my life I shall be permitted to pass the rest in mental quiet.
I hope too that I did not mistake the modes any more than the matter of right when I preferred a simple act of renunciation to the taking sanctuary under those disqualifications provided by the law for other purposes indeed, but which afford asylum also for rest to the wearied.
I dare say you did not expect by the few words you dropped on the right of renunciation to expose yourself to the fatigue of so long a letter, but I wished you to see that if I had done wrong I had been betrayed by a semblance of right at least.
I take the liberty of inclosing to you a letter for Genl Chastellux for which you will readily find means of conveyance. But I meant to give you more trouble with the one to Pelham who lives in the neighborhood of Manchester & to ask the favor of you to send it by your servant express which I am in hopes may be done without absenting him from your person but during those hours in which you will be engaged in the house.
I am anxious that it should be received immediately. Mrs Jefferson has added another daughter to our family. She has been ever since & still continues very dangerously ill. It will give me great pleasure to see you here whenever you can favor us with your company. You will find me still busy but in lighter occupations. But in these & all others you will find me to retain a due sense of your friendship & to be with sincere esteem, Dr Sir
Your mo ob & mo hble servt.
P. S. did you ever receive a copy of the Parl. debates & Histor. Register with a letter left for you with Mr Jas. Buchanan?
Letters of Thomas Jefferson 1743 - 1826
"A SINGLE EVENT. . ."
To Chastellux
Ampthill, Nov. 26, 1782
DEAR SIR,
I received your friendly letters of ----- and June 30 but the latter not till the 17th of Oct. It found me a little emerging from the stupor of mind which had rendered me as dead to the world as she was whose loss occasioned it. Your letter recalled to my memory that there were persons still living of much value to me.
If you should have thought me remiss in not testifying to you sooner how deeply I had been impressed with your worth in the little time I had the happiness of being with you you will I am sure ascribe it to it's true cause the state of dreadful suspense in which I had been kept all the summer & the catastrophe which closed it.
Before that event my scheme of life had been determined. I had folded myself in the arms of retirement, and rested all prospects of future happiness on domestic & literary objects. A single event wiped away all my plans and left me a blank which I had not the spirits to fill up.
In this state of mind an appointment from Congress found me, requiring me to cross the Atlantic. And that temptation might be added to duty I was informed at the same time from his Excy the Chevalier de Luzerne that a vessel of force would be sailing about the middle of Dec. in which you would be passing to \JFrance\j.
I accepted the appointment and my only object now is so to hasten over those obstacles which would retard my departure as to be ready to join you in your voyage, fondly measuring your affections by my own & presuming your consent. It is not certain that by any exertion I can be in Philadelphia by the middle of December.
The contrary is most probable. But hoping it will not be much later and counting on those procrastinations which usually attend the departure of vessels of size I have hopes of being with you in time.
This will give me full leisure to learn the result of your observations on the natural bridge, to communicate to you my answers to the queries of Monsr de Marbois, to receive edification from you on these and on other subjects of science, considering chess too as a matter of science.
Should I be able to get out in tolerable time and any extraordinary delays attend the sailing of the vessel I shall certainly do myself the honor of waiting on his Excy Count Rochambeau at his Head quarters and assuring him in person of my high respect and esteem for him an object of which I have never lost sight. To yourself I am unable to express the warmth of those sentiments of friendship & attachment with which I have the honour to be, Dr Sir,
Your most obedt & mo hble servt.
Letters of Thomas Jefferson 1743 - 1826 To Martha Jefferson
Annapolis, Nov. 28, 1783
MY DEAR PATSY
After four days journey I arrived here without any accident and in as good health as when I left Philadelphia. The conviction that you would be more improved in the situation I have placed you than if still with me, has solaced me on my parting with you, which my love for you has rendered a difficult thing.
The acquirements which I hope you will make under the tutors I have provided for you will render you more worthy of my love, and if they cannot increase it they will prevent it's diminution.
Consider the good lady who has taken you under her roof, who has undertaken to see that you perform all your exercises, and to admonish you in all those wanderings from what is right or what is clever to which your inexperience would expose you, consider her I say as your mother, as the only person to whom, since the loss with which heaven has been pleased to afflict you, you can now look up; and that her displeasure or disapprobation on any occasion will be an immense misfortune which should you be so unhappy as to incur by any unguarded act, think no concession too much to regain her good will. With respect to the distribution of your time the following is what I should approve.
from 8. to 10 o'clock practise music. from 10. to 1. dance one day and draw another from 1. to 2. draw on the day you dance, and write a letter the next day. from 3. to 4. read French. from 4. to 5. exercise yourself in music. from 5. till bedtime read English, write &c.
Communicate this plan to Mrs. Hopkinson and if she approves of it pursue it. As long as Mrs. Trist remains in Philadelphia cultivate her affections. She has been a valuable friend to you and her good sense and good heart make her valued by all who know her and by nobody on earth more than by me.
I expect you will write to me by every post. Inform me what books you read, what tunes you learn, and inclose me your best copy of every lesson in drawing. Write also one letter every week either to your aunt Eppes, your aunt Skipwith, your aunt Carr, or the little lady from whom I now inclose a letter, and always put the letter you so write under cover to me.
Take care that you never spell a word wrong. Always before you write a word consider how it is spelt, and if you do not remember it, turn to a dictionary. It produces great praise to a lady to spell well. I have placed my happiness on seeing you good and accomplished, and no distress which this world can now bring on me could equal that of your disappointing my hopes.
If you love me then, strive to be good under every situation and to all living creatures, and to acquire those accomplishments which I have put in your power, and which will go far towards ensuring you the warmest love of your affectionate father,
P. S. Keep my letters and read them at times that you may always have present in your mind those things which will endear you to me.
This is the first appearance on the Internet of the complete text of George Washington's Journal describing his journey to the Ohio. The text was transcribed directly from two issues of the Maryland Gazette(March 21 and March 28, 1754), the first American printing of the Journal in a newspaper.
In the interests of authenticity- one of the prime moving forces that motivates Archiving Early America- we decided to use the actual spelling, punctuation and capitalization used by Washington in writing his Journal.
During the actual transcription(and deciphering!) process, we have on occasion had to resort to biographical sourcebooks for \Jcorroboration\j. While helpful, it became all too apparent that the mere passage of 50 or 60 years from authorship had already taken its grammatical toll on the various places and personalities that activate Washington's expedition.
Nonetheless, we believe this text version is as close to a mirror version of the original as possible.
The first paragraph that follows is the editor's preface to the March 21, 1754 issue of the Maryland Gazette. We thought we would include it, along with Washington's 'advertisement," so-called, as they both set the stage for the Journal itself.
The Storm arising in the West, being the present Topic of Conversation, we think that we can not oblige our Readers, at this Juncture, with anything more entertaining than Major Washington's Journal to Ohio, who was sent last Fall, by the Governor of Virginia, to the Commandant of the French Forces there.(Major Washington introduces his Journal with an Advertisement, with which we likewise present our Readers). From a Copy just Printed in Williamsburg.
ADVERTISEMENT
As it was thought adviseable by his Honour the Governor to have the following Account of my Proceedings to and from the French on Ohio, committed to Print, I think I can do no less than apologize, in some Measure, for the numberless Imperfections of it.
There interspersed but one Day between my Arrival in Williamsburg and the Time for the Council's Meeting, for me to prepare and transcribe, from the rough Minutes I had taken in my Travels, this Journal: The writing of which only was sufficient to emply me closely the Whole Time, consequently admitted of no Leisure to consult of a new and proper Form to offer it in, or to correct or amend the Diction of the old; neither was I apprised, or did in the least conceive, when I wrote this for his Honour's perusal, that it ever would be published or even have more than a cursory Reading; till I was informed, at the Meeting of the present General Assembly, that it was already in the Press.
There is nothing can recommend it to the Public, but this. Those Things which came under the Notice of my own Observation, I have been explicit and just in a Recital of:--- Those which I have gathered from Report, I have been particularly cautious not to augment, but Collected the Opinions of the several Intelligencers, and selected from the whole, the most probable and consistent Account.
G. WASHINGTON
Major GEORGE WASHINGTON's Journal to the River OHIO, etc
Wednesday, October 31, 1753
I was commissioned and appointed by the Honourable Robert Dinwiddie, Esq, Governor, Etc. of Virginia, to visit and deliver a Letter to the Commandant of the French Forces on the Ohio, and set out on the intended Journey the same Day; the next, I arrived Fredericksburg, and engaged Mr. Jacob Van Braam, to be my French Interpreter; and proceeded with him to Alexandria, where we provided Necessaries; from whence we went to Winchester, and got luggage, Horse, Etc. and from thence we pursued the new Road to Wills Creek, where we arrived the 14th of November.
Here I engaged Mr. Gist to pilot us out, and also hired four others as Servitors, Barnaby Currin, and John MacQuire, Indian Traders, Henry Steward, and William Jenkins, and in Company with those Persons, left the Inhabitants the Day following.
The excessive Rains and vast Quantity of Snow that had fallen, prevented our reaching Mr. Frazier's, an Indian Trader, at the Mouth of Turtle rock, on Monongahela, till Thursday, the 22nd, we were informed here, that Expresses were sent a few days ago to the Traders down the River, to acquaint them with the French General's Death, and the Return of the major Part of the French army into Winter Quarters.
The Waters were quite impassable, without swimming our Horses; which obliged us to get the loan of a Canoe from Frazier, and to send Barnaby Currin, and Henry Steward, down Monongahela with our Baggage, to meet us at the Forks at Ohio, about 10 miles, to cross Allegany.
As I got down before the Canoe, I spent some time in viewing the Rivers, and the Land in this Fork, as it has the absolute Command of both Rivers. The Land at the Point is 20 or 25 Feet above the common Surface of the Water, and a considerable Bottom of flat, well-timbered Land all around it, very convenient for Building; the Rivers are each a Quarter of a Mile, or more, across, and run here very near at right Angles; Allegany bearing N.E. and Monongahela S.E. the former of these two is a very rapid and swift running. Water, the other deep and still, without any perceptible Fall.
About two Miles from this, on the South East Side of the River, at the Place where the Obis Company intended to erect a Fort, lives Shingiss, King of the Delawares; we call'd upon him, to invite him to Council at the Loggs Town.
As I had taken a good deal of Notice Yesterday of the Situation of the Forks, my Curiosity led me to examine this more particularly, and I think it greatly inferior, either for Defence or Advantages; especially the latter, for a Fort at the Forks would be equally well situated on Ohio, and have the entire command of Monongahela, which runs up to our Settlements and is extremely well designed for Water Carriage, as it is of a deep still Nature; besides, a Fort at the Fork might be built at a much less Expense, than at the other Places.
Nature has well contrived the lower Place, for Water Defence; but the Hill whereon it must stand being about a Quarter of a Mile in Length, and then Descending gradually on the Land Side, will render it difficult and very expensive, making a sufficient Fortification there.- The whole Flat upon the Hill must be taken in, or the Side next the Descent made extremely high; or else the Hill cut away; Otherwise, the Enemy may raise Batteries within that Distance without being expos'd to a single Shot from the Fort.
Shingiss attended us to the Loggs Town, where we arrived between Sun setting and Dark, the 25th Day after I left Williamsburg; We travelled over some extreme good, and bad Land, to get to this Place.-
As soon as I came into Town, I went to Monacatoocha(as the Half King was out at his hunting Cabbin on little Beaver Creek, about 15 miles off) who inform'd him by John Davison my Indian Interpreter, that I was sent a Messenger to the French General; and was ordered to call upon the Sachems of the Six Nations, to acquaint them with it.- I gave him a String of Wampum, and a Twill of \JTobacco\j, and desired him to send for the Half King; which he promised to do by a Runner in the Morning, and for other Sachems;- I invited him and the other great Men present to my Tent, where they stay'd about an Hour and return'd.
According to the best Observations I could make, Mr. Gist's new Settlement(which we pass'd by) bears about W.N.W. 70 Miles from Wills Creek; Shanapins, or the Forks N. by W. or N.N.W. about 50 miles from that; and from thence to the Loggs Town, the Course is nearly Well about 18 or 20 Miles; so that the whole Distance, as we went and computed it, is at least 135 or 140 Miles from our back Inhabitants.
25th, Came to Town four of ten Frenchmen that deserted from a Company at the Cuscuscus, which lies at the Mouth of this River; I got the following Account from them. They were sent from New Orleans with 100, and 8 Canoe Loads of Provisions to this Place; where they expected to have met the same Number of Men, from the Forts this Side Lake Erie, to convoy them and the Stores up, who were not arrived when they ran off.
I enquired into the Situation of the French, on the Mississippi, their Number, and what Forts they had built; They inform'd me, That there were four small Forts between New Orleans and the Black Islands, garrison'd with about 30 or 40 Men, and a few small Pieces, in each; That at New Orleans, which is near the Mouth of the Mississippi, there are 35 Companies of 40 Men each, with a pretty Strong Fort mounting 8 Carriage Guns, and at the Black Islands there are several Companies, and a Fort with 6 Guns.
The Black Islands are about 130 Leagues above the Mouth of the Ohio, which is about 350 above New Orleans; They also acquainted me, that there was a small pallisado'd Fort on the Ohio, at the Mouth of the Obaish, about 60 Leagues from the Mississippi; The Obaish heads near the West End of Lake Erie, and affords the Communication between the French on Mississippi and those on the Lakes.
These Deserters came up from the lower Shawnee-Town with one Brown, an Indian Trader, and were going to Philadelphia.
About 3 o'clock this evening the Half King came to Town; I went up and I invited him and Davisan, privately, to my Tent, and desir'd him to relate some of the Particulars of his Journey to the French Commandant, and Reception there; and to give me an Account of the Ways and Distance.
He told me, that the nearest and levellest Way was now impassable, by Reason of many large miry Savannas, that we must be obliged to go by Venango, and should not get to the near Fort under 5 or 6 Night's Sleep, good Travelling.
When he went to the Fort, he said he was received in a very stern Manner by the late Commander; Who ask'd him very abruptly, what he had come about, and to declare his Business, which he said he did in the following Speech.
Fathers, I am come to tell you your own Speeches; what your own Mouths have declared. Fathers, You, in former Days, set a Silver Bason before us, wherein there was the Leg of a Beaver, and desir'd of all Nations to come and eat of it; to eat in Peace and Plenty, and not to be churlish to one another; and that if any such Person should be found to be a Disturber, I here lay down by the Edge of the Dish a Rod, which you must scourge them with; and if I your Father, should get foolish, in my old Days, I desire you may use it upon me as well as others.
Now Fathers, it is you that are the Disturbers in this Land, by coming and building your Towns, and taking it away unknown to us, and by Force.
Fathers, We kindled a Fire a long Time ago, at a Place called Montreal, where we desired you to stay, and not to come and intrude upon our Land. I now desire you may dispatch to that Place; for be it known to you, Fathers, that this is our Land, and not yours.
Fathers, I desire you may hear me in Civilness; if not, we must handle that Rod which was laid down for the use of the Obstreperous. If you had come in a peaceable Manner, like our Brothers the English, we should not have been against your trading with us, as they do; but to come, Fathers, and build great Houses upon our Land, and to take it by Force, is what we cannot submit to.
Fathers, both you and the English are white, we live in a Country between; therefore the Land belongs to neither one nor to other; But the Great Being Above allow'd it to be a Place of Residence for us; so Fathers, I desire you to withdraw, as I have done our Brothers the English; for I will keep you at Arms length.
I lay this down as a Trial for both, to see which will have the greatest Regard to it, and that Side we will stand by, and make equal Sharers with us. Our Brothers the English have heard this, and I come now to tell it to you, for I am not afraid to discharge you off this Land.
This he said was the Substance of what he said to the General, who made this Reply.
Now, my Child, I have heard your Speech, you spoke first, but it is my Time to speak now. Where is my Wampum that you took away, with the Marks of Towns in it?
This Wampum I do not know, which you have discharged me off the Land with; but you need not put yourself to the Trouble of Speaking, for I will not hear you; I am not afraid of Flies, or Mosquitos, for Indians are such as those; I tell you, down that River I will go, and will build upon it, according to my Command; if the River was backed up, I have Forces sufficient to burst it open, and tread under my Feet all that stand in Opposition, together with their Alliances; for my Force is as the Sand upon the Sea Shore; Therefore, here is your Wampum, I fling it at you.
Child, you talk foolish; you say this Land belongs to you, but there is not the Back of my Nail yours; I saw that Land sooner than you did, before the Shannoahs and you were at War; Lead was the Man that went down, and took Possession of that River; It is my Land, and I will have it, let who will stand up for, or say against it. I'll buy and sell with the Englaish(mocking). If People will be ruled by me, they may expect Kindness, but not else.
The Half King told me he enquired of the General after two Englishmen that were made Prisoners, and received this Answer.
Child, You think it is a very great Hardship that I made Prisoners of those two People at Venango, don't you concern yourself with it, we took and carried them to Canada, to get Intelligence of what the English were doing in Virginia.
He informed me that they had built two Forts, one on Lake Erie, and another on French Creek, near a small Lake about 15 Miles asunder, and a large Wagogon Road Between; they are both built after the same Model, but different in the Size; that on the Lake the largest; he gave me a Plan of them, of his own drawing.
The Indians enquired very particularly after their Brothers in Carolina Goal.
They also asked what sort of a Boy it was that was taken from the South Branch; for they had, by some Indians, heard that a Party of French Indians had carried a white Boy by the Caseusea Town, Towards the Lakes.
26th, We met in Council at the Long-House about 9 o'clock, where I spoke to them as fellows.
Brothers, I have called you together in Council, by Order of your Brother the Governor of Virginia, to acquaint you that I am sent, with all possible Dispatch, to visit, and deliver a Letter to the French Commandant, of very great Importance to your Brothers the English; and I dare say, to you their Friends and Allies.
I was destined, brothers, by your brother, the governor, to call upon you, the sachems of the nations, to inform you of it, and to ask your advice and assistance to proceed the nearest and best road to the French, You see, brothers, I have gotten this far on my Journey.
His Honor likewise desired me to apply to you for some of your young men to conduct and provide provisions for us on our way, and be a safeguard against those French Indians who have taken up the hatchet against us.
I have spoken thus particularly to you, brothers, because his Honor, our governor, treats you as good friends and allies, and holds you in great esteem. To confirm what I have said, I give you this string of wampum.
After they had considered for some time on the above discourse, the Half-King got up, and spoke:
'Now, my brother, in regard to what my brother, the governor, had desired of me, I return you this answer:
'I rely upon you as a brother ought to do, as you say we are brothers and one people. We shall put heart in hand and speak to our fathers, the French, concerning the speech they made to me, and you may depend that we will endeavor to be your guard.
'Brother, as you have asked my advice, I hope you will be ruled by it, and stay until I can provide a company to go with you. The French speech-belt is not here; I have to go for it to my Hunting-Cabin. Likewise, the people whom I have ordered in are not yet come, and cannot until the third night from this; until which time, brother, I must beg you to stay.
'I intend to send a Guard of Mingoes, Shannoahs, and Delawares, that our brothers may see the love and loyalty we bear them.'
As I had orders to make all possible Dispatch, and waiting here was very contrary to my inclination, I thanked him in the most suitable manner I could, and told him that my business required the greatest expedition, and would not admit of that delay: He was not well pleased that I should offer to go before the Time he had appointed, and told me that he could not consent to our going without a Guard, for Fear some Accident should befall us, and draw a Relexion upon him; besides, says he, this is a Matter of no small Moment, and must not be entered into without due Consideration; for now I intend to deliver up the French Speech-Belt, and make the Shannoahs and Delawares do the same: And accordingly he gave Orders to King Shingiss, who was present, to attend on Wednesday Night with the Wampum, and two Men of their Nation to be in Readiness to set out with next Morning. As I found it was impossible to get off without affronting them in the most egregious Manner, I consented to stay.
I gave them back a String of Wampum that I met with at Frazier's, which they had sent with a Speech to his Honour the Governour, to inform him, that three Nations of French Indians , viz. Chippeways, Ottoways, and Orundacks, had taken up the Hatchet against the English, and desired them to repeat it over again, which they postponed doing till they met in full Council with the Shannoahs and \JDelaware\j Chiefs.
27th, Runners were dispatched very early for the Shannoah Chiefs, the Half King set out himself to fetch the French Speech-Belt from his Hunting-Cabbin.
28th, He returned this Evening, and came with Monacatoocha, and two other Sachems to my Tent; and begged(as they had complied with his Honour the Governor's Request, in providing Men, Etc.) to know on what Business we were going to the French. This was a Question I all along expected, and had provided as satisfactory Answers to, as I could, and which allayed their Curiosity a little.
Monacatoocha informed me, that an Indian from Venango brought News, a few Days ago, that the French had called all the Mingos, Delawares &c together at that Place, and told them that they intended to have been down the River this Fall, but the Waters were growing cold, and the Winter advancing, which obliged them to go into Quarters: But they might assuredly expect them in the Spring, with a far greater Number; and desired that they might be quite passive, and apt to intermeddle, unless they has a Mind to draw all their Force upon them, for that they expected to fight the English three Years,(as they supposed there would be some Attempts made to stop them) in which Time they should conquer, but if they should prove equally strong, that they and the English would join to cut them all off, and divide the land between them; that tho' they had lost their General, and some few of their Soldiers, yet there were Men enough to reinforce them, and make them Masters of the Ohio.
\B\IFor more information click on \b\i\JGeorge Washington's Journal (March 21&28, 1754) - continued\j
This Speech, he said, was delivered to them by one Captain Joncaire their Interpreter in Chief, living at Venango, and a Man of Note in the Army.
29th, The Half-King and Monacatoocha came very early, and begged me to stay one Day more, for notwithstanding they had used all the Diligence in their Power, the Shannoah Chiefs had not brought the Wampum they ordered, but would certainly be in Tonight; if not, they would delay me no longer, but would send it after us as soon as soon as they arrived; When I found them so pressing in their Request, and knew that returning of Wampum was the abolishing of Agreements; and giving this up, was shaking off all Dependence upon the French, I consented to stay, as I believe an Offence offered at this Crisis, might be attended with greater ill Consequence, Than another Day's Delay.
They also informed me that Shingiss could not get in his Men, and was prevented from coming himself by his Wife's Sickness,(I believe, by Fear of the French) but that the Wampum of that Nation was lodged with Custaloga, one of their Chiefs at Venango.
In the Evening late they came again and acquainted me that the Shannoahs were not yet come, but it should not retard the Prosecution of our Journey. He delivered in my Hearing the Speeched that were to be made to the French by Jeskakake, one of their Old Chiefs, which was giving up the Belt the late Commandant had asked for, and repeating near the same Speech he himself had done before.
He also delivered a string of Wampum to this Chief, which was sent by King Shingiss, to be given to Casalega, with Orders to repair to the French, and deliver up the Wampum.
He likewise gave a very large String of black and white Wampum, which was to be sent up immediately to the Six Nations, if the French refused to quit the Land at this Warning; which was the third and last Time, and was the Right of this Jeskakuke to deliver.
30th, Last Night the great Men assembled to their Council-House, to consult further about this Journey, and who were to go; the Result of which was, that only three of their Chiefs, with one of their best Hunters, should be our Convoy; The Reason which they gave for not sending more, after what had been proposed at Council the 26th, was, that a greater Number might give the French Suspicions of some bad Design, and cause them to be treated rudely: But I rather think they could not get their Hunters in.
We set out about 9 o'Clock with the Half-King, Jeskakake, White Thunder, and the Hunter, and travelled on the road to Venango, where we arrived the 4th of December, without any Thing remarkable happening but a continued Series of bad weather.
This is an old Indian Town, situated at the Mouth of French Creek on Ohio, and lies near N. about 60 Miles from Logg-Town, but more than 70 the Way we were obliged to go.
We found the French colours hoisted at a House which they drove Mr. John Frazier, an English Subject, from; I immediately repaired to it, to know where the Commander resided. There were three Officers, one of whom, Capt. Joncaire informed me, that he had the Command of ther Ohio, but that there was a General Officer at the near Fort, which he advised me to for an Answer. He invited us to sup with them, and treated us with the greatest Complaisance.
The Wine, as they dosed themselves pretty plentifully with it, soon banished the Restraint which at first appear'd in their Conversation, and gave a Licence to their Tongues to reveal their Sentiments more freely.
They told me, That it was their absolute Design to take Possession of the Ohio, and by G--- they would do it; for that they were sensible the English could raise two Men for their one; yet they knew, their Motions were too slow and dilatory to prevent any Undertaking of theirs.
They pretend to have an undoubted Right to the River, from a Discovery made by one LaSalle 60 Years ago; and the Rise of this expedition is, to prevent our Settling on the River or Waters of it, as they have heard of some Families moving out in Order thereto.
From the best Intelligence I could get, there have been 1500 Men on this side \JOntario\j Lake, but upon the death of the General all were recalled to about 6 or 700, who were left to garrison four Forts, 150 or thereabouts in each, the first of which is on French Creek, near a small Lake, about 60 miles from Venango, near N.N.W. the next lies on Lake Erie, where the greatest part of their Stores are kept, about 15 Miles from the other; from that it is 120 Miles to the carrying Place, at the Falls of Lake Erie, where there is a small Fort which they lodge their goods at, in bringing them in from Montreal, the Place that all their Stores come from: The next Fort lies about 20 Miles from this, on \JOntario\j Lake; between this Fort and Montreal there are three others, the first of which is near opposite to the English Fort Oswego.
From the Fort on Lake Erie to Montreal is about 600 Miles, which they say requires no more, if good Weather, than four Weeks Voyage, if they go in Barks or large Vessels, that they can cross the Lake; but if they come in Canoes it will require 5 or 6 Weeks, for they are oblig'd to keep under the Shore.
5th, Rain'd excessively all Day, which prevented our Travelling. Capt. Joncaire sent for the Half King, as he had but just heard that he came with me: He affected to be much concern'd that I did not make free to bring them in before; I excused it in the best Manner I was capable, and told him I did not think their Company agreeable as I heard him say a good deal in Dispraise of Indians in general; but another Motive prevents me from bringing them into his Company; I knew he was Interpreter, and a Person of very great Influence among the Indians and had lately used all possible Means to draw them over to their Interest; therefore I was desirous of giving no Opportunity that could be avoided.
When the came in, there was great Pleasure express'd at seeing them; he wonder'd how they could be so near without coming to visit him, made several trifling Presents, and applied Liquor so fast, that they were soon render'd incapable of the Business they came about, notwithstanding the Caution that was given.
6th, The Half-King came to my Tent, quite sober, and insisted very much that I should stay and hear what he had to say to the French; I would have prevented his speaking any Thing, 'till he came to the Commandant, but could not prevail: He told me, that at this Place, a Council Fire was kindled, where all their Business with the People was to be transacted, and that the Management of the Indian Affairs was left solely to Capt. Joncaire. As I was desirous of knowing the issues of this, I agreed to stay, but sent our Horses a little Way up French Creek, to refresh and encamp, which I knew would make it near Night.
About 10 o'Clock they met in Council; the King spoke much the same as he had before done to the General, and offer'd French Speech Belt which had before been demanded with the Marks of four Towns on it, which Monsieur Joncaire refused to receive; but desired him to carry it to the Fort to the Commander.
7th, Monsieur La Force, Commissary of the French Stores, and three other Soldiers, came over to accompany us up. We found it extremely difficult getting the Indians off Today, as every Stratagem had been used to prevent their going up with me; I had last Night left John Davison(the Indian Interpreter that I brought from the Logg Town with me) strictly charg'd not to be out of their Company, as I could not get them over to my Tent(they having some Business with Custaloga, to know the reason why he did not deliver up the French Belt which he had in Keeping) but was obliged to send Mr. Gist over Today to fetch them, which he did with great Persuasion.
At 11 o'Clock we set out for the Fort, and were prevented from arriving there 'till the 11th by excessive Rains, Snows, and bad Travelling, through many Mires and Swamps, which we were obliged to pass, to avoid crossing the Creek, which was impossible, either by fording or rafting, the Water was so high and rapid.
We passed over much good Land since we left Venango, and through several extensive and very rich Meadows; one of which I believe was near four Miles in Length, and considerably wide in some Places.
12th. I prepar'd early to wait upon the Commander, and was received and conducted to him by the second Officer in Command; I acquainted him with my Business, and offer'd my Commission and Letter, both of which he desired me to keep 'til the arrival of Monsieur Riparti, Captain at the next Fort, who was sent for and expected every Hour.
This Commander is a Knight of the Military Order of St. Louis, and named Legardeur de St. Piere. He is an elderly Gentleman, and has much the Air of a Soldier; he was sent over to take the Command, immediately upon the Death of the late General, and arrived here about seven Days before me.
At 2 o'Clock the Gentleman that was sent for arrived, when I offer'd the Letter, etc. again: which they receiv'd, and adjourn'd into a private Apartment for the Captain to translate, who understood a little English; after he had done it, the Commander desired I would walk in, and bring my interpreter to peruse and correct it, which I did.
13th, The chief Officers retired, to hold a Council of War, which gave me an opportunity of taking the Dimensions of the Fort, and making what Observations I could.
It is situated on the South, or West Fork of French Creek, near the Water, and is almost surrounded by the Creek, and a small Branch of it which forms a Kind of an island; four houses compose the sides; the Bastions are made of Piles driven into the Ground, and about 12 feet above, and sharp at Top, with Port Holes cut for Cannon and Loop Holes for the small Arms to fire through.
There are eight 6 lb. pieces mounted, two in each Bastion, and one Piece of four Pound before the Gate; in the Bastions are a Guard House, Chapel, Doctor's Lodging, and the Commander's private store, round which are laid Eight Forms for the Cannon and Men to stand on; There are several barracks without the Fort, for the Soldiers Dwelling, covered, some with Bark, and some with Boards, and made chiefly, such as Stables, Smith's Shop, Etc.
I could get no certain Account of the Number of Men here; but according to the best Judgment I could form, there are an hundred exclusive of Officers, of which there are many. I also gave Orders to the People that were with me, to take an exact Account of the Canoes that were hauled up to convey their Forces down in the Spring, which they did, and told 50 of Witch Bark, and 170 of Pine, besides many others that were blotk'd out, in Readiness to make.
14th, As the Snow increased very fast, and our Horses daily became weaker, I sent them off unloaded, under the Care of Barnaby Currin and two others to make all convenient Dispatch to Venango, and there at our Arrival if there was a Prospect of the Rivers freezing, if not, then to continue down to Shawnee's Town, at the Forks of Ohio, and there to wait 'til we came to cross Allegany, intending myself to go down by Water, as I had the Offer of a Canoe or two.
As I found many Plots concerted the Indians Business, and prevent their returning with me; I endeavor'd all that lay in my Power to frustrate their scheme, and hurry them on to execute their intended Design; they accordingly pressed for Admittance this Evening, which at length was granted them, privately, with the Commander and one or two other Officers: The Half-King told me, that he offered the Wampum to the Commander, who evaded taking it, and made many fair Promises of Love and Friendship: said he wanted to live in Peace, and trade amicably with them, as a Proff of which he would send some Goods immediately down to the Loggs Town for them; but I rather think the Design of that is, to being away all our struggling Trades they meet with, as I privately understood they intended to carry an Officer, Etc., with them: and what rather confirms this Opinion, I was enquiring of the Commander, by what Authority he had made Prisoners of several of our English subjects; he told me that the Country belong'd to them, that no Englishman had a Right to trade upon those Waters; and that he had Orders to make every Person Prisoner that attempted it on the Ohio, or the Waters of it.
I enquir'd of Capt. Riparti about the Boy that was carried by, as it was done while the Command devolved on him, between the Death of the late General, and the Arrival of the present; he acknowledged, that a Boy had been carried past, and that the Indians had two or three white Mens Scalps.(I was told by some of the Indians at Venango Eight) but pretended to have forgot the Name of the Place that the Boy came from, and all the particulars, though he question'd him for some Hours, as they were carrying him past: I likewise enquired what they had done with John Forster and James MacClachlan, two \JPennsylvania\j Traders, whom they had taken, with all their Goods. They told me, that they had been sen to Canada, but were now returned Home.
This Evening I received an Answer to his Honour the Governor's Letter from the Commandant.
15th, The Commandant ordered a plentiful Store of Liquor, Provision, Etc. to be put on board our Canoe, and appeared to be extremely compliant, though he was exerting every Artifice that he could invent to set our own Indians at Variance with us, to prevent their going 'til after our Departure: Presents, Rewards, and every Thing that could be suggested by him or his Officers I can't say that ever in my life I suffer'd so much Anxiety as I did in this Affair; I saw that every Strategem that the most fruitful Brain could invent, was practic'd, to win the Half-King to their Interest, and that leaving Him here was giving them the Opportunity they aimed at. I went to the Half-King, and press'd him in the strongest Terms to go: He told me the Commandant would not discharge him 'til the morning.
I them went to the Commandant, and desired him to do their Business, and complained of ill treatment: for keeping them, as they were Part of my Company, was detaining me: which he promised not to do, but to forward my journey as much as he could: He protested he did not keep them, but was ignorant of the Cause of their Stay; though I soon found it out: He had promised them a Present of Guns, Etc. if they would wait 'til the Morning.
As I was very much press'd, by the Indians, to wait this Day for them, I Consented, on a Promise, That nothing should hinder them in the Morning.
16th, The French were not slack in their Inventions to keep the Indians this Day also; but as they were obligated, according to Promise, to give the Present, they then endeavored to try the Power of Liquor, which I doubt not would have prevailed at any other Time than this, but I urged and insisted with the King so closely upon his Word, that he refrained, and set off with us as he had engaged.
We had a tedious and very fatiguing Portage down the Creek, several Times we had like to have been staved against Rocks, and many Times were obliged all Hands to get out and remain in the Water Half an Hour or more, getting over the Shoals; at one Place the ice had lodged and made it impassable by Water; therefore we were obliged to carry our Canoe across a Neck of Land, a Quarter of a Mile over. We did not reach Venango, till the 22nd, where we met with our Horses.
This Creek is extremely crooked, I dare say the Distance between the Fort and Venango can't be less than 130 Miles, to follow the Meanders.
23rd, When I got Things ready to set off, I sent for the Half-King, to know whether he intended to go with us, or by Water, he told me that White Thunder had hurt himself much, and was sick and unable to walk, therefore he was obliged to carry him down in a Canoe: As I found he intended to stay here a Day or two, and know that Monsieur Joncaire would employ every scheme to set him against the English as he had before done; I told him I hoped he would guard against his Flattery, and let no fine Speeches influence him in their Favour: He desired I might not be concerned, for he knew the French too well, for any Thing to engage him in their Behalf; and though he could not go down with us, he would endeavor to meet at the Forks with Joseph Campbell, to deliver a Speech for me to carry to his Honour the Governer. He told me he would order the young Hunter to attend us, and get Provision, Etc. if wanted.
Our Horses were now so weak and feeble, and the Baggage heavy, as we were obliged to provide all the Necessaries that the Journey would require; that we doubted much their performing it; therefore myself and others(except the Drivers which were obliged to ride) gave up our Horses for Packs, to assist along with the Baggage; I put myself in an Indian Dress, and continued with them three Days, 'til I found there was no Probability of their getting in, in any reasonable Time; the Horse grew less able to travel every Day; the Cold increased very fast, and the Roads were becoming much worse by a depp Snow, continually freezing; and as I was uneasy to get back, to make Report of my Proceedings to his Honor the Governor, I determined to prosecute my Journey the nearest Way through the Woods, on Foot.
Accordingly I left Mr. Van Braam in charge of our Baggage, with Money and Directions, to provide Necessaries from Place to Place for themselves and Horses, and to make the most convenient Dispatch in.
I took my necessary Papers, pulled off my Clothes, tied myself up in a Match Coat, and with my Pack at my Back with my Papers and Provisions in it, and a Gun, set out with Mr. Gist, fitted to the same Manner, on Wednesday the 26th.
The Day following, just after we had passed a Place called the Murdering Town, where we intended to quit the Path, and steer across the Country for Shannopins Town, we fell in with a Party of French Indians, who had lain in wait for us; one of them fired at Mr. Gist or me, not 15 Steps, but fortunately missed.
We took this Fellow into Custody, and kept him till about 9 o'Clock at Night, and then let him go, and walked all the remaining Part of the Night without making any Stop, that we might get the Start so far, as to be out of the Reach of their Pursuit the next Day, as we were well assured they would follow our Track as soon as it was light: The next Day we continued travelling till quite dark, and go to the River about 2 Miles above Shannapins; we expected to have found the River frozen, but it was not, only about 50 Yards from each Shore; the Ice I suppose had broke up above, for it was driving in vast Quantities.
There was no Way for getting over but on a Raft, which we set about, with but one poor Hatcher, and got finished just after Sun setting, after a whole Day's Work; we got it launched, and on board of it, and set off; but before we were half Way over, we were jammed in the Ice in such a Manner that we expected every Moment our Raft to sink, and ourselves to perish: I put out my setting Pole to try to stop the Raft, that the Ice might pass by, when the Rapidity of the Stream threw it with so much Violence against the Pole, that it jirked me out into 10 Feet Water, but I fortunately saved myself by catching hold of one of the Raft Logs; notwithstanding all our Efforts we could not get the Raft to either Shore, but were obliged, as we were near an Island, to quit our Raft and make to it.
The Cold was so extremely severe, that Mr. Gist had all his Fingers, and some of his Toes frozen, and the Water was shut up so hard, that we found no Difficulty in getting off the Island on the Ice in the Morning, and went to Mr. Frazier's.
We met here with 20 Warriors, who were going to the Southward to War, but coming to a Place upon the Head of the Great Cunnaway, where they found 7 People killed and scalped, all but one woman with very light Hair, they turned about and ran back, for Fear the Inhabitants should rise and take them as the Authors of the Murder: They report that the People were lying about the House, and some of them much torn and eaten by Hogs; by the Marks that were left, they say they were French Indians of the Ottaway Nation, Etc. that did it.
As we intended to take Horse here, and it required some Time to find them, I went up about 8 miles to the Mouth of Youghiogheny to visit Queen Aliquippa, who had expressed great concern that we pressed her in going to the Fort. I made her a Present of a Match coat and a bottle of Rum, which later was thought much the best Present of the two.
Tuesday the 1st Day of January, we left Mr. Frazier's House, and arrived at Mr. Gist's at Monongahela the 2d, where I bought Horse, Saddle, Etc. The 6th we met 17 Horses loaded with Materials and Stores for a Fort at the Forks of Ohio,, and the Day after some Families going out to settle.
This Day we arrived at Wills Creek, after as fatiguing a Journey as it is possible to conceive, rendered so by excessive bad Weather; From the first Day of December to the 15th, there was but one Day but it rained or snowed incessantly; and throughout the whole Journey we met with nothing but one continued Series of cold wet Weather, which occasioned very uncomfortable Lodgings, especially after we had left our Tent which was some Screen from the inclemency of it.
On the 11th I got to Belvoir where I stopped one Day to take necessary Rest, and then set out and arrived in Williamsburg the 16th, and waited upon his Honour the Governour with the Letter I had brought from the French Commandant, and to give an Account of the Proceedings of my Journey, which I beg Leave to do by offering the foregoing, as it contains the most remarkable Occurrences that happened to me.
I hope it will be sufficient to satisy your Honour with my Proceedings; for that was my Aim in undertaking the Journey, and chief Study throughout the Prosecution of it.
Witht the Hope of doing it, with infinite Pleasure, subscribe myself,
Your Honour's most Obedient,
And very humble Servant,
G. WASHINGTON
Source: The Maryland Gazette, March 21, 1754 and March 28, 1754.
George Washington's Journal
Courtesy of \IUS Historical Documents Archive\i
#
"Governor Glen, The Role of the Indians in the Rivalry Between France, Spain, and England (1761)",57,0,0,0
The Situation, Strength, and Connections of the several Nations of Neighbouring Indians; the Hostilities they have committed on British Subjects, at the Instigation of the French, and lately upon those Instigators themselves; some Particulars relating to the French Forts, Forces and Proceedings in Louisiana and Mississippi.
The concerns of this Country are so closely connected and interwoven with Indian Affairs, and not only a great branch of our trade, but even the Safety of this Province, do so much depend upon our continuing in Friendship with the Indians, that I thought it highly necessary to gain all the knowledge I could of them; and I hope that the accounts which I have from time to time transmitted of Indian affairs will shew, that I am pretty well acquainted with the subject.
However I think it expedient upon the present Occasion to give a general Account of the several Tribes and Nations of Indians with whom the Inhabitants of this Province are or may be connected in Interest: which is the more necessary as all we have to apprehend from the French in this part of the world, will much more depend upon the Indians than upon any Strength of their own; for that is so inconsiderable in itself, and so far distant from us that without Indian Assistance, it cannot if exerted, do us much harm.
There are among our Settlements several small Tribes of Indians, consisting only of some few families each: but those Tribes of Indians which we, on account of their being numerous and having lands of their own, call Nations are all of them situated on the Western Side of this Province, and at various distances as I have already mentioned.
The Catawbaw Nation of Indians hath about Three hundred Fighting Men; brave fellows as any on the Continent of America and our firm friends; their Country is about two hundred miles from Charles-Town.
The Cherokees live at the distance of about Three hundred miles from Charles-Town, though indeed their hunting grounds stretch much nearer to us-They have about Three thousand Gun men, and are in Alliance with this Government.
I lately made a considerable purchase from that Indian Nation, of some of those hunting grounds, which are now become the property of the British Crown, at the Charge of this Province: I had the deeds of conveyance formally executed in their own Country, by their head men, in the name of the whole people, and with their universal approbation and good will.
They inhabit a Tract of Country about Two hundred miles in Extent, and form a good barrier, which is naturally strengthened by a Country hilly and mountainous, but said to be interspersed with pleasant and fruitful vallies, and watered by many limpid and wholsome Brooks and rivulets, which run among the Hills, and give those real pleasures which we in the lower Lands have only in imagination.
The Creek Indians are situated about Five hundred miles from Charles-Town; their number of fighting men is about two thousand five hundred, and they are in Friendship with us.
The Chickesaws live at the distance of near Eight hundred miles from Charles-Town: they have bravely stood their ground against the repeated attacks of the French and their Indians: but are now reduced to Two or Three hundred men.
The Chactaw Nation of Indians is situated at a somewhat greater distance from us, and have till within this year or two been in the Interest of the French, by whom they were reckoned to be the most numerous of any nation of Indians in America, and said to consist of many Thousand Men.
The people of most experience in the affairs of this Country, have always dreaded a French war; from an apprehension that an Indian war would be the consequence of it; for which reasons, I have ever since the first breaking out of the war with \JFrance\j, redoubled my Attention to Indian Affairs: and I hope, not without Success.
For notwithstanding all the intrigues of the French, they have not been able to get the least footing among our Nations of Indians; as very plainly appears by those Nations still continuing to give fresh proofs of their attachment to us: and I have had the happiness to bring over and fix the Friendship of the Chactaw Nation of Indians in the British Interest.
This powerful Engine, which the French for many years past, played against us and our Indians, even in times of Peace, is now happily turned against themselves, and I believe they feel the force of it.
For according to last accounts, which I have received from thence, by the Captain of a Sloop that touched at Mobile about two months ago, the Chactaw Indians had driven into the Town of Mobile all the French Planters who were settled either upon the river bearing the same name or in the Neighbouring Country, and there kept them in a manner besieged, so that a few of the French who ventured out of the Town to hunt up \JCattle\j were immediately scalped.
Monsieur Vaudreuille the Governor of Louisiana was then in Mobile endeavoring to support his people, and trying to recover the friendship of those Indians. At the same time there were some head men with about Twenty of their People in Charles-Town.
I have been the fuller in my Relation of this matter, because I humbly conceive it to be a very delicate Affair, for these Chactaw Indians, have formerly and even so lately as I have been in this Province, at the instigation of the French and assisted and headed by them, in time of Peace, murdered our Traders in their Way to the Chickesaw Indians, and Robbed them of their goods: but I hope the French Governors will never have it in their power to charge us with such unfair Practises.
I shall be particularly cautious of doing any thing inconsistent with the peace so lately concluded: but I think it incumbent on me to say, that it will be impossible to retain those Indians, or any other, in his Majesty's interest unless we continue to trade with them.
And since war and hunting are the business of the lives, both Arms and Ammunition as well as Cloaths other necessaries, are the goods for which there is the greatest demand among them-I therefore hope to receive instructions in this particular, as a rule of my conduct.
There are a pretty many Indians among the Kays, about the cape of \JFlorida\j, who might be easily secured to the British Interest: but as they have little communication with any others on the main Land, and have not any goods to trade for, they could not be of any advantage either in peace or war.
There are also a few Yamasees, about twenty men near St. Augustine: and these are all the Indians in this part of the world that are in the Interest of the Crown of \JSpain\j.
The French have the Friendship of some few of the Creek Indians, such as inhabit near the Holbama Fort: and some of the Chactaw Indians have not as yet declared against them: They have also some tribes upon Mississippi River, and Ouabash, and in other parts: but most of these and all other Indians whatsoever, inhabit above a Thousand miles from Charles-Town; and yet it may be proper to give attention even to what happens among those who are so far from us; for to an Indian, a thousand miles is as one mile their Provisions being in the Woods, and they are never out of the way: they are slow, saying the Sun will rise again to-morrow, but they are steddy.
We have little intercourse with the French; but unless there have been alterations lately, the Accounts I have formerly sent may be relied on, there are not above six hundred men (Soldiers) in what they call Louisiana, and those thinly spread over a widely extended Country: some at New Orleans some at Mobile, and some as far up as the Ilinois.
They had a Fort at the Mouth of the Mississippi river called the Balise, but they found it was not of any service, and therefore they have built another farther up, where it commands the passage: their Forts Holbama, Chactawhatche, Notche, Notchitosh, and another on Ouabash are all inconsiderable stockadoed Forts, garrisoned by 40 and some by only 20 men each.
If ever the French settlements on the Missippi grow great, they may have pernicious effects upon South Carolina, because they produce the same sorts of Commodities as are produced there, viz., Rice and Indigo: but hitherto, the only Inconvenience that I know of, is, their attempting to withdraw our Indians from us, and attacking those who are most attached to our interest.
I beg Leave to assure you that I shall never do any thing inconsistent with that good faith which is the basis of all his Majesty's Measures, but it is easy for me at present to divert the French in their own way, and to find them business for double the number of men they have in that Country.
However, this, and even the Tranquility of South Carolina will depend upon preserving our Interest with the Indians, which it will be very difficult to do, unless the presents are continued to them, and those Forts built which I have formerly proposed, or at least, one of them, and that to be in the Country of the Cherokees....
"Considerations on the Propriety of Imposing Taxes in the British Colonies,
for the Purpose of raising a Revenue, by Act of Parliament"
I shall undertake to disprove the supposed similarity of situation, whence the same kind of Representation is deduced of the inhabitants of the colonies, and of the British non-electors; and, if I succeed, the Notion of a virtual representation of the colonies must fail, which, in Truth is a mere cob-web, spread to catch the unwary, and intangle the weak.
I would be understood. I am upon a question of propriety, not of power; and though some may be inclined to think it is to little purpose to discuss the one, when the other is irresistible, yet are they different considerations; and, at the same time that I invalidate the claim upon which it is founded, I may very consistently recommend a submission to the law, whilst it endures. .
Lessees for years, copyholders, proprietors of. the public funds, inhabitants of Birmingham, Leeds, \JHalifax\j and Manchester, merchants of the City of London, or members of the corporation of the East India Company, are, as such, under no personal incapacity to be electors; for they may acquire the right of election, and there are actually not only a considerable number of electors in each of the classes of lessees for years etc., but in many of them, if not all, even members of Parliament.
The interests therefore of the nonelectors, the electors, and the representatives, are individually the same; to say nothing of the connection among neighbours, friends and relations. The security of the non-electors against oppression, is that their oppression will fall also upon the electors and the representatives. The one can't be injured and the other indemnified.
Further, if the nonelectors should not be taxed by the British Parliament, they would not be taxed at all; and it would be iniquitous, as well as a solecism in the political system, that they should partake of all the benefits resulting from the imposition and application of taxes, and derive an immunity from the circumstances of not being qualified to vote. Under this Constitution then, a double or virtual representation may be reasonably supposed.
There is not that intimate and inseparable relation between the electors of Great-Britain and the inhabitants of the colonies, which must inevitably involve both in the same taxation; on the contrary, not a single actual elector in England, might be immediately affected by a taxation in America, imposed by a statute which would have a general operation and effect, upon the properties of the inhabitants of the colonies . . . wherefore the relation between the British Americans, and the English electors, is a knot too infirm to be relied on. . .
It appears to me, that there is a clear and necessary Distinction between an Act imposing a tax for the single purpose of revenue, and those Acts which have been made for the regulation of trade, and have produced some revenue in consequence of their effect and operation as regulations of trade.
The colonies claim the privileges of British subjects -It has been proved to be inconsistent with those privileges, to tax them without their own consent, and it hath been demonstrated that a tax imposed by Parliament, is a tax without their consent.
The subordination of the colonies, aid the authority of Parliament to preserve it, have been fully acknowledged. Not only the welfare, but perhaps the existence of the mother country, as an independent kingdom, may depend upon her trade and navigation, and these so far upon her intercourse with the colonies, that if this should be neglected, there would soon be an end to that commerce, whence her greatest wealth is derived, and upon which her maritime power is principally founded.
From these considerations, the right of the British Parliament to regulate the trade of the colonies, may be justly deduced; a denial of it would contradict the admission of the subordination, and of the authority to preserve it, resulting from the nature of the relation between the mother country and her colonies. It is a common, and frequently the most proper method to regulate trade by duties on imports and exports.
The authority of the mother country to regulate the trade of the colonies being unquestionable, what regulations are the most proper, are to be of course submitted to the determination of the Parliament; and if an incidental revenue, should be produced by such regulations; these are not therefore unwarrantable.
A right to impose an internal tax on the colonies, without their consent for the single purpose of revenue, is denied, a right to regulate their trade without their consent is admitted. The imposition of a duty may, in some instances, be the proper regulation.
If the claims of the mother country and the colonies should seem on such an occasion to interfere, and the point of right to be doubtful, (which I take to be otherwise) it is easy to guess that the determination will be on the side of power, and the inferior will be constrained to submit.
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"Soame Jenyns, The Objections to the Taxation of American Colonies (1765)",59,0,0,0
Soame Jenyns,
The Objections to the Taxation of our American Colonies
by the Legislature of Great Britain, briefly consider'd.
The right of the Legislature of Great-Britain to impose taxes on her American Colonies, and the expedicocy of exerting that right in the present conjuncture, are propositions so indisputably clear, that I should never have thought it necessary to have undertaken their defence, had not many arguments been lately flung out, both in papers and conversation, which with insolence equal to their absurdity deny them both.
As these are usually mixt up with several patriotic and favorite words such as Liberty, Property, Englishmen, etc., which are apt to make strong impressions on that more numerous part of makkind, who have ears but no understanding, it will not, I think, be improper to give them some answers: to this, therefore, I shall singly confine myself, and do it in as few words as possible, being sensible that the fewest will give least trouble to myself and probably most information to my reader.
The great capital argument, which I find on this subject, and which, like an Elephant at the head of a Nobob's army, being once overthrown, must put the whole into confusion, is this; that no Englishman is, or can be taxed, but by his own consent: by which must be meant one of these three propositions; either that no Englishman can be taxed without his own consent as an individual; or that no Englishman can be taxed without the consent of the persons he chuses to represent him; or that no Englishman can be taxed without the consent of the majority of all those, who are elected by himself and others of his fellow-subjects to represent them.
Now let us impartially consider, whether any one of these propositions are in fact true: if not, then this wonderful structure which has been erected upon them, falls at once to the ground, and like another Babel, perishes by a confusion of words, which the builders themselves are unable to understand.
First then, that no Englishman is or can be taxed but by his own consent as an individual: this is so far from being true, that it is the very reverse of truth; for no man that I know of is taxed by his own consent; and an Englishman, I believe, is as little likely to be so taxed, as any man in the world.
Secondly, that no Englishman is or can be taxed but by the consent of those persons whom he has chose to represent him; for the truth of this I shall appeal only to the candid representatives of those unfortunate counties which produce cyder, and shall willingly acquiesce under their determination.
Lastly, that no Englishman is, or can be taxed, without the consent of the majority of those, who are elected by himself, and others of his fellow-subjects, to represent them.
This is certainly as false as the other two; for every Englishman is taxed, and not one in twenty represented: copyholders, leaseholders, and all men possessed of personal property only, chuse no representatives; Manchester, Birmingham, and many more of our richest and most flourishing trading towns send no members to parliament, consequently cannot consent by their representatives, because they chuse none to represent them; yet are they not Englishmen? or are they not taxed?
I am well aware, that I shall hear Locke, Sidney, Selden, and many other great names quoted to prove that every Englishman, whether he has a right to vote for a representative, or not, is still represented in the British Parliament; in which opinion they all agree: on what principle of common sense this opinion is founded I comprehend not, but on the authority of such respectable names I shall acknowledge its truth; but then I will ask one question, and on that I will rest the whole merits of the cause: Why does not this imaginary representation extend to America, as well as over the whole island of Great-Britain?
If it can travel three hundred miles, why not three thousand? if it can jump over rivers and mountains, why cannot it sail over the ocean?
If the towns of Manchester and Birmingham sending no representatives to parliament, are notwithstanding there represented, why are not the cities of Albany and \JBoston\j equally represented in that assembly? Are they not alike British subjects? are they not Englishmen? or are they only Englishmen when they sollicit for protection, but not Englishmen when taxes are required to enable this country to protect them?
But it is urged, that the Colonies are by their charters placed under distinct Governments, each of which has a legislative power within itself, by which alone it ought to be taxed; that if this privilege is once given up, that liberty which every Englishman has a right to, is torn from them, they are all slaves, and all is lost.
The libery of an Englishman, is a phrase of so various a signification, having within these few years been used as a synonymous term for blasphemy, bawdy, \Jtreason\j, libels, strong beer, and cyder, that I shall not here presume to define its meaning; but I shall venture to assert what it cannot mean; that is, an exemption from taxes imposed by the authority of the Parliament of Great Britain; nor is there any charter, that ever pretended to grant such a privilege to any colony in America; and had they granted it, it could have had no force; their charters heing derived from the Crown, and no charter from the Crown can possibly supersede the right of the whole legislature: their charters are undoubtedly no more than those of all corporations, which impower them to make byelaws, and raise duties for the purposes of their own police, for ever subject to the superior authority of parliament; and in some of their charters, the manner of exercising these powers is specified in these express words, "according to the course of other corporations in Great-Britain": and therefore they can have no more pretence to plead an exemption from this parliamentary authority, than any other corporation in England.
It has been moreover alleged, that, though Parliament may have power to impose taxes on the Colonies, they have no right to use it, because it would be an unjust tax; and no supreme or legislative power can have a right to enact any law in its nature unjust: to this, I shall only make this short reply, that if Parliament can impose no taxes but what are equitable, and the persons taxed are to be the judges of that equity, they will in effect have no power to lay any tax at all.
No tax can be imposed exactly equal on all, and if it is not equal, it cannot be just: and if it is not just, no power whatever can impose it; by which short syllogism, all taxation is at an end; but why it should not be used by Englishmen on this side the Atlantic, as well as by those on the other, I do not comprehend. . .
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"Resolutions of the Stamp Act (October 19, 1765)",60,0,0,0
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 happy establishment of the Protestant succession, and with minds deeply impressed by a sense of the present and impending misfortunes of the British colonies on this continent; having considered as maturely as time will permit the circumstances of the said colonies, esteem it our indispensable duty to make the following declarations of our humble opinion, respecting the most essential rights and liberties Of the colonists, and of the grievances under which they labour, 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 subordination to that august body the Parliament of Great Britain.
II. That His Majesty's liege subjects in these colonies, are entitled to all the inherent rights and liberties of his natural born subjects within the kingdom of Great-Britain.
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 in 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 been, or can be constitutionally imposed on them, but by their respective legislatures.
VI. That all supplies to the Crown, being free gifts of the people, it is unreasonable and inconsistent with the principles and spirit of the British Constitution, for the people of Great-Britain to grant to His Majesty the property of the colonists.
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 \Jjurisdiction\j 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 Parliament, from the peculiar circumstances of these colonies, will be extremely burthensome and grievous; and from the scarcity of specie, the payment of them absolutely impracticable.
X. That as the profits of the trade of these colonies ultimately center in Great-Britain, to pay for the manufactures which they are obliged to take from thence, they eventually contribute very largely to all supplies granted there to the Crown.
XI. That the restrictions imposed by several late Acts of Parliament, on the trade of these colonies, will render them unable 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.
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 colonies, to the best of sovereigns, to the mother country, and to themselves, to endeavour by a loyal and dutiful address to his Majesty, and humble applications to both Houses of Parliament, to procure the repeal of the Act for granting and applying certain stamp duties, of all clauses of any other Acts of Parliament, whereby the \Jjurisdiction\j of the Admiralty is extended as aforesaid, and of the other late Acts for the restriction of American commerce.
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"William Pitt's Speech on the Stamp Act Congress (January 14, 1766)",61,0,0,0
Gentlemen, Sir, I have been charged with giving birth to sedition in America. They have spoken their sentiments with freedom against this unhappy act, and that freedom has become their crime. Sorry I am to hear the libery of speech in this house, imputed as a crime.
No gentleman ought to be afraid to exercise it. It is a libery by which the gentleman who calumniates it might have profited, nby which he ought to have profited. He ought to have desisted from this project. The gentleman tells us, America is obstinate; America is almost in open rebellion. I rejoice that America has resisted.
Three million of people so dead to all feelings of liberty, as voluntarily to submit to be slaves, would have been fit instruments to make slaves of the rest. I come not here armed at all points, with law cases and acts of parliament, with the statute book doubled down in dog's-ears, to defend the cause of liberty: if I had, I myself would have cited the two cases of Chester and Durham.
I would have cited them, to have shown that even under former arbitrary reigns, parliaments were ashamed of taxing a people without their consent, and allowed them representatives. Why did the gentleman confine himself to Chester and Durham ?
He might have taken a higher example in Wales; Wales, that never was taxed by parliament till it was incorporated. I would not debate a particular point of law with the gentleman. I know his abilities. I have been obliged to his dilligent researches: but, for the defence of liberty, upon a general principle, upon a constitutional principle, it is a ground on which I stand firm; on which I dare meet any man. he gentleman tells us of many who are taxed, and are not represented.
The India Company, merchants, stock-holders, manufacturers. Surely many of these are represented in other capacities, as owners of land, or as freemen of boroughs. It is a misfortune that more are not equally represented: but they are all inhibitants, and as such, are they not virtually represented?....they have connections with those that elect, and they have influence over them.
The gentleman mentioned the stockholders: I hope he does not reckon the debts of the nation as a part of the national estate. Since the accession of King William, many ministers, some of great, others of more moderate abilities, have taken the lead of government.
(-part omitted-)
None of these thought, or ever dreamed, of robbing the colonies of their constitutional rights. That was to mark the era of the late administration: not that there were wanting some, when I had the honour to serve his majesty, to propose to me to burn my fingers with an American stamp-act.
With the enemy at their back, with our bayonets at their breasts, in the day of their distress, perhaps the Americans would have submitted to the imposition: but it would have been taking an ungenerous and unjust advantage. The gentleman boasts of his bounties to America.
Are not those bounties intended finally for the benefit of this kingdom? If they are not, he has misapplied the national treasures. I am no courtier of America; I stand up for this kingdom. I maintain, that the parliament has a right to bind, to restrain America. Our legaislative power over the colonies is soveriegn and supreme.
When it ceases to be sovereign and supreme, I would advise every gentleman to sell his lands, if he can, and embark for that country. When two countries are connected together, like England and her colonies, without being incorporated, the one must necessarily govern; the greater must rule the less; but so rule it, as not to contradict the fundamental principles that are common to both.
If the gentle- man does not understand the difference between external and internal taxes, I cannot help it; but there is a plain distinction between taxes levied for the purpose of raising a revenue, and duties imposed for the regulation of trade, for the accomodation of the subject; although, in the consequences, some revenue might incidentally arise from the latter.
The gentleman asks, when were the colonies emancipated? But I desire to know, when were they made slaves. But I dwell not upon words. When I had the honour of serving his Majesty, I availed myself of the means of information which I derived from my office: I speak, therefore, from knowledge.
My materials were good; I was at pains to collect, to digest, to consider them; and I will be bold to affirm, that the profits to Great Britain from the trade of the colonies, through all its branches, is two millions a year.
This is the fund that carried you triumphantly through the last war.... You owe this to America: this is the price America pays you for her protection. And shall a miserable financier come with a boast, that he can bring a pepper-corn into the exchequer, to the loss of millions to the nation? I dare not say, how much higher these profits may be augmented.
Omitting the immense increase of people by natural population, and the emigration from every part of Europe, I am convinced the whole commercial system of America may be altered to advantage. You have prohibited where you ought to have encouraged, encouraged where you ought to have prohibited. Improper restraints have been laid on the continent, in favour of the islands.
You have but two nations to trade with in America. Would you had twenty! Let acts of parliament in consequence of treaties remain, but let not an English minister become a custom-house officer for \JSpain\j, or for any foreign power. Much is wrong; much may be amended for the general good of the whole....
The gentleman must not wonder he was not contradicted, when, as minister, he asserted the right of parliament to tax America. I know not how it is, but there is a modesty in this House, which does not choose to contradict a minister.
I wish gentlemen would get the better of this modesty. Even that chair, Sir, sometimes looks towards St. James's. If they do not, perhaps the collective body may begin to abate of its respect for the representative...
A great deal has been said without doors of the power, of the strength of America. It is a topic that ought to be cautiously meddled with. In a good cause, on a sound bottom, the force of this country can crush America to atoms. I know the valour of your troops.
I know the skill of your officers. There is not a company of foot that has served in America out of which you may not pick a man of sufficient knowledge and experience to make him governor of a colony there. But on this ground, on the Stamp Act, when so many here will think a crying injustice, I am one who will lift up my hands against it.
In such a cause, your success would be hazardous. America, if she fell, would fall like a strong man. She would embrace the pillars of the state, and pull down the constitution along with her. Is this your boasted peace? Not to sheathe the sword in it scabbard, but to sheathe it in the bowels of your countrymen? Will you quarrel with yourselves, now the whole House of Bourbon is united against you...
The Americans have not acted in all things with prudence and temper. They have been wronged. They have been driven to madness by injustice. Will you punish them for the madness you have occasioned? Rather let prudence and temper come first from this side. I will undertake for America, that she will follow the example. There are two lines in a \Jballad\j of Prior's, of a man's behaviour to hsi wife, so applicable to you and your colonies, that I cannot help repeating them:-
"Be to her faults a little blind
Be to her virtues very kind."
Upon the whole, I will beg leave to tell the House what is really my opinion. It is, that the Stamp Act be repealed absolutely, totally, and immediately; that the reason for the repeal should be assigned, because it was founded on an erroneous principle. At the same time, let the sovereign authority of this country over the colonies be asserted in as strong terms as can be devised, and be made to extend every point of legislation whatsoever: that we may bind their trade, confine their manufactures, and exercise every power whatsoever - except that of taking money out of their pockets without their consent.
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"John Dickinson - Letters from a farmer (1767 - 1768)",62,0,0,0
Letter II
There is another late act of parliament, which appears to me to be unconstitutional, and as destructive to the liberty of these colonies, as that mentioned in my last letter; that is, the act for granting the duties on paper, glass, &c. [the Townshend Act].
The parliament unquestionably possesses a legal authority to regulate the trade of Great-Britain and all her colonies. Such an authority is essential to the relation between a mother country and her colonies; and necessary for the common good of all.
He, who considers these provinces as states distinct from the British empire, has very slender notions of justice, or of their interests. We are but parts of a whole; and therefore there must exist a power somewhere to preside, and preserve the connection in due order. This power is lodged in the parliament; and we are as much dependent on Great-Britain, as a perfectly free people can be on another.
I have looked over every statute relating to these colonies, from their first settlement to this time; and find every one of them founded on this principle, till the Stamp Act administration. All before, are calculated to regulate trade, and preserve or promote a mutually beneficial intercourse between the several constituent parts of the empire; and though many of them imposed duties on trade, yet those duties were always imposed with design to restrain the commerce of one part, that was injurious to another, and thus to promote the general welfare.
The raising a revenue thereby was never intended . . - Never did the British parliament, till the period above mentioned think of imposing duties in America, F0R THE PURPOSE OF RAISING A REVENUE. .
Here we may observe an authority expressly claimed and exerted to impose duties on these colonies; not for the regulation of trade; not for the preservation or promotion of a mutually beneficial intercourse between the several constituent parts of the empire, heretofore the sole objects of parliamentary institutions; but for the single purpose of levying money upon us.
This I call an innovation; and a most dangerous innovation. It may perhaps be objected, that Great-Britain has a right to lay what duties she pleases upon her exports, and it makes no difference to us, whether they are paid here or there.
To this I answer. These colonies require many things for their use, which the laws of Great-Britain prohibit them from getting any where but from her. Such are paper and glass.
That we may be legally bound to pay any general duties on these commodities relative to the regulation of trade, is granted; but we being obliged by the laws to take from Great-Britain, any special duties imposed on their exportation to us only, with intention to raise a revenue from us only, are as much taxes, upon us, as those imposed by the StampAct
What is the difference in substance and right whether the same sum is raised upon us by the rates mentioned in the StampAct, on the use of paper, or by these duties, on the importation of it. It is only the edition of a former book, shifting a sentence from the end to the beginning....
Some persons perhaps may say, that this act lays us under no necessity to pay the duties imposed, because we may ourselves manufacture the articles on which they are laid; whereas by the StampAct no instrument of writing could be good, unless made on British paper, and that too stamped.
I am told there are but two or three glass-houses on this continent, and but very few paper-mills; and suppose more should be erected, a long course of years must elapse, before they can be brought to perfection. This continent is a country of planters, farmers, and fishermen; not of manufacturers. The difficulty of establishing particular manufactures in such a country, is almost insuperable. .
Great-Britain has prohibited the manufacturing iron and steel in these colonies, without any objection being made to her right of doing it. The like right she must have to prohibit any other manufacture among us. Thus she is possessed of an undisputed precedent on that point.
This authority, she will say, is founded on the original intention of settling these colonies; that is, that we should manufacture for them, and that they should supply her with materials.
Here then, my dear country men ROUSE yourselves, and behold the ruin hanging over your heads. If you ONCE admit, that Great-Britain may lay duties upon her exportations to us, for the purpose of levying money on us only, she then will have nothing to do, but to lay those duties on the articles which she prohibits us to manufacture- and the tragedy of American liberty is finished. . . .
If Great-Britain can order us to come to her for necessaries we want, and can order us to pay what taxes she pleases before we take them away, or when we land them here, we are as abject slaves as \JFrance\j and \JPoland\j can shew in wooden shoes, and with uncombed hair.
Letter IV
An objection, I hear, has been made against my second letter, which I would willingly clear up before I proceed. "There is," say these objectors, "a material difference between the Stamp-Act and the late Act for laying a duty on paper, &c., that justifies the conduct of those who opposed the former, and yet are willing to submit to the latter.
The duties imposed by the Stamp-Act were internal taxes; but the present are external, and therefore the parliament may have a right to impose them."
To this I answer, with a total denial of the power of parliament to lay upon these colonies any "tax" whatever.
This point, being so important to this, and to succeeding generations, I wish to be clearly understood.
To the word "tax," I annex that meaning which the constitution and history of England require to be annexed to it; that is-that it - is an imposition on the subject, for the sole purpose of levying money. . .
Whenever we speak of "taxes" among Englishmen, let us therefore speak of them with reference to the principles on which, and the intentions with which they have been established.
In the national, parliamentary sense insisted on, the word "tax" was certainly understood by the congress at New-York, whose resolves may be said to form the American "bill of rights."
The third, fourth, fifth, and sixth resolves are, thus expressed.
[Here Dickinson quoted the resolves of the Stamp Act Congress. ]
Here is no distinction made between internal and external taxes. It is evident from the short reasoning thrown into these resolves, that every imposition "to grant to his Majesty the property of the colonies," was thought a "tax"; and that every such imposition, if laid any other way, than "with their consent, given personally, or by their representatives," was not only "unreasonable, and inconsistent with the principles and spirit of the British constitution," but destructive "to the freedom of a people.''
Such persons therefore as speak of internal and external "taxes," I pray may pardon me, if I object to that expression, as applied to the privileges and interests of these colonies.
There may be internal and external IMPOSITIONS, founded on different principles, and having different tendencies, every "tax", being an imposition, tho' every imposition is not a "tax." But all taxes are founded on the same principles; and have the same tendency.
External impositions, for the regulation of our trade, do not "grant to his Majesty the property of the colonies." They only prevent the colonies acquiring property, in things not necessary, in a manner judged to be injurious to the welfare of the whole empire.
But the last statute respecting us, "grants to his Majesty the property of the colonies," by laying duties on the manufactures of Great-Britain which they MUST take, and which she settled on them, on purpose that they SHOULD take.
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"Captain Thomas Preston's account of the Boston Massacre (March 13, 1770)",63,0,0,0
Captain Thomas Preston's Account of the \JBoston\j Massacre (13 march 1770), from British Public Records Office, C. O. 5/759. Reprinted in Merrill Jensen (editor) English Historical Documents, Volume IX. (London, 1964) vp. 750-53.
It is [a] matter of too great notoriety to need any proofs that the arrival of his Majesty's troops in \JBoston\j was extremely obnoxious to its inhabitants. They have ever used all means in their power to weaken the regiments, and to bring them into contempt by promoting and aiding desertions, and with impunity, even where there has been the clearest evidence of the fact, and by grossly and falsely propagating untruths concerning them.
On the arrival of the 64th and 65th their ardour seemingly began to abate; it being too expensive to buy off so many, and attempts of that kind rendered too dangerous from the numbers
And has ever since their departure been breaking out with greater violence after their embarkation. One of their justices, most thoroughly acquainted with the people and their intentions, on the trial of a man of the 14th Regiment, openly and publicly in the hearing of great numbers of people and from the seat of justice, declared "that the soldiers must now take care of themselves, nor trust too much to their arms, for they were but a handful; that the inhabitants carried weapons concealed under their clothes, and would destroy them in a moment, if they pleased".
This, considering the malicious temper of the people, was an alarming circumstance to the soldiery. Since which several disputes have happened between the townspeople and the soldiers of both regiments, the former being encouraged thereto by the countenance of even some of the magistrates, and by the protection of all the party against government. In general such disputes have been kept too secret from the offi- cers.
On the 2d instant two of the 29th going through one Gray's ropewalk, the rope-makers insultingly asked them if they would empty a vault. This unfortunately had the desired effect by provoking the soldiers, and from words they went to blows. Both parties suffered in this afftay, and finally the soldiers retired to their quarters.
The officers, on the first knowledge of this transaction, took every precaution in their power to prevent any ill consequence. Notwithstanding which, single quarrels could not be prevented, the inhabitants constantly provoking and abusing the soldiery.
The insolence as well as utter hatred of the inhabitants to the troops increased daily, insomuch that Monday and Tuesday, the 5th and 6th instant, were privately agreed on for a general engagement, in consequence of which several of the militia came from the country armed to join their friends, menacing to destroy any who should oppose them. This plan has since been discovered.
On Monday night about 8 o'clock two soldiers were attacked and beat. But the party of the townspeople in order to carry matters to the utmost length, broke into two meeting houses and rang the alarm bells, which I supposed was for fire as usual, but was soon undeceived.
About 9 some of the guard came to and informed me the town inhabitants were assembling to attack the troops, and that the bells were ringing as the signal for that purpose and not for fire, and the beacon intended to be fired to bring in the distant people of the country.
This, as I was captain of the day, occasioned my repairing immediately to the main guard. In my way there I saw the people in great commotion, and heard them use the most cruel and horrid threats against the troops. In a few minutes after I reached the guard, about 100 people passed it and went towards the custom house where the king's money is lodged.
They immediately surrounded the sentry posted there, and with clubs and other weapons threatened to execute their vengeance on him. I was soon informed by a townsman their intention was to carry off the soldier from his post and probably murder him. On which I desired him to return for further intelligence, and he soon came back and assured me he heard the mobb declare they would murder him.
This I feared might be a prelude to their plundering the king's chest. I immediately sent a non-commissioned officer and 12 men to protect both the sentry and the king's money, and very soon followed myself to prevent, if possible, all disorder, fearing lest the officer and soldiers, by the insults and provocations of the rioters, should be thrown off their guard and commit some rash act.
They soon rushed through the people, and by charging their bayonets in half-circles, kept them at a little distance. Nay, so far was I from intending the death of any person that I suffered the troops to go to the spot where the unhappy affair took place without any loading in their pieces; nor did I ever give orders for loading them.
This remiss conduct in me perhaps merits censure; yet it is evidence, resulting from the nature of things, which is the best and surest that can be offered, that my intention was not to act offensively, but the contrary part, and that not without compulsion.
The mob still increased and were more outrageous, striking their clubs or bludgeons one against another, and calling out, come on you rascals, you bloody backs, you lobster scoundrels, fire if you dare, G-d damn you, fire and be damned, we know you dare not, and much more such language was used.
At this time I was between the soldiers and the mob, parleying with, and endeavouring all in my power to persuade them to retire peaceably, but to no purpose. They advanced to the points of the bayonets, struck some of them and even the muzzles of the pieces, and seemed to be endeavouring to close with the soldiers.
On which some well behaved persons asked me if the guns were charged. I replied yes. They then asked me if I intended to order the men to fire. I answered no, by no means, observing to them that I was advanced before the muzzles of the men's pieces, and must fall a sacrifice if they fired; that the soldiers were upon the half cock and charged bayonets, and my giving the word fire under those circumstances would prove me to be no officer.
While I was thus speaking, one of the soldiers having received a severe blow with a stick, stepped a little on one side and instantly fired, on which turning to and asking him why he fired without orders, I was struck with a club on my arm, which for some time deprived me of the use of it, which blow had it been placed on my head, most probably would have destroyed me.
On this a general attack was made on the men by a great number of heavy clubs and snowballs being thrown at them, by which all our lives were in imminent danger, some persons at the same time from behind calling out, damn your bloods-why don't you fire. Instantly three or four of the soldiers fired, one after another, and directly after three more in the same confusion and hurry.
The mob then ran away, except three unhappy men who instantly expired, in which number was Mr. Gray at whose rope-walk the prior quarrels took place; one more is since dead, three others are dangerously, and four slightly wounded.
The whole of this melancholy affair was transacted in almost 20 minutes. On my asking the soldiers why they fired without orders, they said they heard the word fire and supposed it came from me. This might be the case as many of the mob called out fire, fire, but I assured the men that I gave no such order; that my words were, don't fire, stop your firing.
In short, it was scarcely possible for the soldiers to know who said fire, or don't fire, or stop your firing. On the people's assembling again to take away the dead bodies, the soldiers supposing them coming to attack them, were making ready to fire again, which I prevented by striking up their firelocks with my hand. Immediately after a townsman came and told me that 4 or 5000 people were assembled in the next street, and had sworn to take my life with every man's with me.
On which I judged it unsafe to remain there any longer, and therefore sent the party and sentry to the main guard, where the street is narrow and short, there telling them off into street firings, divided and planted them at each end of the street to secure their rear, momently expecting an attack, as there was a constant cry of the inhabitants to arms, to arms, turn out with your guns; and the town drums beating to arms, I ordered my drums to beat to arms, and being soon after joined by the different companies of the 29th regiment, I formed them as the guard into street firings.
The 14th regiment also got under arms but remained at their barracks. I immediately sent a sergeant with a party to Colonel Dalrymple, the commanding officer, to acquaint him with every particular. Several officers going to join their regiment were knocked down by the mob, one very much wounded and his sword taken from him.
The lieutenant-governor and Colonel Carr soon after met at the head of the 29th regiment and agreed that the regiment should retire to their barracks, and the people to their houses, but I kept the picket to strengthen the guard. It was with great difficulty that the lieutenant-governor prevailed on the people to be quiet and retire. At last they all went off, excepting about a hundred.
A Council was immediately called, on the breaking up of which three justices met and issued a warrant to apprehend me and eight soldiers. On hearing of this procedure I instantly went to the sheriff and surrendered myself, though for the space of 4 hours I had it in my power to have made my escape, which I most undoubtedly should have attempted and could easily executed, had I been the least conscious of any guilt.
On the examination before the justices, two witnesses swore that I gave the men orders to fire. The one testified he was within two feet of me; the other that I swore at the men for not firing at the first word. Others swore they heard me use the word "fire," but whether do or do not fire, they could not say; others that they heard the word fire, but could not say if it came from me. The next day they got 5 or 6 more to swear I gave the word to fire.
So bitter and inveterate are many of the malcontents here that they are industriously using every method to fish out evidence to prove it was a concerted scheme to murder the inhabitants. Others are infusing the utmost malice and revenge into the minds of the people who are to be my jurors by false publications, votes of towns, and all other artifices.
That so from a settled rancour against the officers and troops in general, the suddenness of my trial after the affair while the people's minds are all greatly inflamed, I am, though perfectly innocent, under most unhappy circumstances, having nothing in reason to expect but the loss of life in a very ignominous manner, without the interposition of his Majesty's royal goodness.
Courtesy of \IUS Historical Documents Archive.\i
#
"Anonymous Account of the Boston Massacre (March 5, 1770)",64,0,0,0
A Short Narrative of the Horrid Massacre in \JBoston\j. Printed by Order of the Town of \JBoston\j (New York, 1849), vp. 13-19; 21- 22; 28-30.
THE HORRID MASSACRE IN \JBOSTON\j, PERPETRATED IN THE EVENING OF THE FIFTH DAY OF MARCH, 1770, BY SOLDIERS OF THE TWENTY-NINTH REGIMENT WHICH WITH THE FOURTEENTH REGIMENT WERE THEN QUARTERED THERE; WITH SOME OBSERVATIONS ON THE STATE OF THINGS PRIOR TO THAT CATASTROPHE
It may be a proper introduction to this narrative, briefly to represent the state of things for some time previous to the said Massacre; and this seems necessary in order to the forming a just idea of the causes of it.
At the end of the late [French and Indian] war, in which this province bore so distinguished a part, a happy union subsisted between Great Britain and the colonies. This was unfortunately interrupted by the Stamp Act; but it was in some measure restored by the repeal of it.
It was again interrupted by other acts of parliament for taxing America; and by the appointment of a Board of Commissioners, in pursuance of an act, which by the face of it was made for the relief and encouragement of commerce, but which in its operation, it was apprehended, would have, and it has in fact had, a contrary effect.
By the said act the said Commissioners were "to be resident in some convenient part of his Majesty's dominions in America." This must be understood to be in some part convenient for the whole. But it does not appear that, in fixing the place of their residence, the convenience of the whole was at all consulted, for \JBoston\j, being very far from the centre of the colonies, could not be the place most convenient for the whole.
Judging by the act, it may seem this town was intended to be favored, by the Commissioners being appointed to reside here; and that the consequence of that residence would be the relief and encouragement of commerce; but the reverse has been the constant and uniform effect of it; so that the commerce of the town, from the embarrassments in which it has been lately involved, is greatly reduced.
The residence of the Commissioners here has been detrimental, not only to the commerce, but to the political interests of the town and province; and not only so, but we can trace from it the causes of the late horrid massacre.
Soon after their arrival here in November, 1767, instead of confining themselves to the proper business of their office, they became partizans of Governor Bernard in his political schemes; and had the weakness and temerity to infringe upon one of the most essential rights of the house of commons of this province-that of giving their votes with freedom, and not being accountable therefor but to their constituents.
One of the members of that house, Capt. Timothy Folgier, having voted in some affair contrary to the mind of the said Commissioners, was for so doing dismissed from the office he held under them.
These proceedings of theirs, the difficulty of access to them on office-business, and a supercilious behavior, rendered them disgustful to people in general, who in consequence thereof treated them with neglect.
This probably stimulated them to resent it; and to make their resentment felt, they and their coadjutor, Governor Bernard, made such representations to his Majesty's ministers as they thought best calculated to bring the displeasure of the nation upon the town and province; and in order that those representations might have the more weight, they are said to have contrived and executed plans for exciting disturbances and tumults, which otherwise would probably never have existed; and, when excited, to have transmitted to the ministry the most exaggerated accounts of them.
Unfortunately for us, they have been too successful in their said representations, which, in conjunction with Governor Bernard's, have occasioned his Majesty's faithful subjects of this town and province to be treated as enemies and rebels, by an invasion of the town by sea and land; to which the approaches were made with all the circumspection usual where a vigorous opposition is expected.
While the town was surrounded by a considerable number of his Majesty's ships of war, two regiments landed and took possession of it; and to support these, two other regiments arrived some time after from Ireland; one of which landed at Castle Island, and the other in the town.
Thus were we, in aggravation of our other embarrassments, embarrassed with troops, forced upon us contrary to our inclination-contrary to the spirit of Magna Charta-contrary to the very letter of the Bill of Rights, in which it is declared, that the raising or keeping a standing army within the kingdom in time of peace, unless it be with the consent of parliament, is against law, and without the desire of the civil magistrates, to aid whom was the pretence for sending the troops hither; who were quartered in the town in direct violation of an act of parliament for quartering troops in America; and all this in consequence of the representations of the said Commissioners and the said Governor, as appears by their memorials and letters lately published.
As they were the procuring cause of troops being sent hither, they must therefore be the remote and a blameable cause of all the disturbances and bloodshed that have taken place in consequence of that measure.
We shall next attend to the conduct of the troops, and to some circumstances relative to them. Governor Bernard without consulting the Council, having given up the State House to the troops at their landing, they took possession of the chambers, where the representatives of the province and the courts of law held their meetings; and (except the council-chamber) of all other parts of that house; in which they continued a considerable time, to the great annoyance of those courts while they sat, and of the merchants and gentlemen of the town, who had always made the lower floor of it their exchange.
They [the merchants] had a right so to do, as the property of it was in the town; but they were deprived of that right by mere power.
The said Governor soon after, by every stratagem and by every method but a forcibly entry, endeavored to get possession of the manufactory-house, to make a barrack of it for the troops; and for that purpose caused it to be besieged by the troops, and the people in it to be used very cruelly;
The General Court, at the first session after the arrival of the troops, viewed it in this light, and applied to Governor Bernard to cause such a nuisance to be removed; but to no purpose.
the challenging the inhabitants by sentinels posted in all parts of the town before the lodgings of officers, which (for about six months, while it lasted), occasioned many quarrels and uneasiness.
Capt. Wilson, of the 59th, exciting the negroes of the town to take away their masters' lives and property, and repair to the army for protection, which was fully proved against him.
The attack of a party of soldiers on some of the magistrates of the town-the repeated rescues of soldiers from peace officers-the firing of a loaded \Jmusket\j in a public street, to the endangering a great number of peaceable inhabitants-the frequent wounding of persons by their bayonets and cutlasses, and the numerous instances of bad behavior in the soldiery, made us early sensible that the troops were not sent here for any benefit to the town or province, and that we had no good to expect from such conservators of the peace.
It was not expected, however, that such an outrage and massacre, as happened here on the evening of the fifth instant, would have been perpetrated. There were then killed and wounded, by a discharge of musketry, eleven of his Majesty's subjects, viz.:
Mr. Samuel Gray, killed on the spot by a ball entering his head. Crispus Attucks, a mulatto, killed on the spot, two balls entering his breast. Mr. James Caldwell, killed on the spot, by two balls entering his back. Mr. Samuel Maverick, a youth of seventeen years of age, mortally wounded; he died the next morning. Mr. Patrick Carr mortally wounded; he died the 14th instant.
Christopher Monk and John Clark, youths about seventeen years of age, dangerously wounded. It is apprehended they will die. Mr. Edward Payne, merchant, standing at his door; wounded. Messrs. John Green, Robert Patterson, and David Parker; all danger- ously wounded.
The actors in this dreadful tragedy were a party of soldiers commanded by Capt. Preston of the 29th regiment. This party, including the Captain, consisted of eight, who are all committed to jail.
There are depositions in this affair which mention, that several guns were fired at the same time from the Custom-house; before which this shocking scene was exhibited. Into this matter inquisition is now making. In the meantime it may be proper to insert here the substance of some of those depositions.
Benjamin Frizell, on the evening of the 5th of March, having taken his station near the west corner of the Custom-house in King street, before and at the time of the soldiers firing their guns, declares (among other things) that the first discharge was only of one gun, the next of two guns, upon which he the deponent thinks he saw a man stumble; the third discharge was of three guns, upon which he thinks he saw two men fall; and immediately after were discharged five guns, two of which were by soldiers on his right hand; the other three, as appeared to the deponent, were discharged from the balcony, or the chamber window of the Custom-house, the flashes appearing on the left hand, and higher than the right hand flashes appeared to be, and of which the deponent was very sensible, although his eyes were much turned to the soldiers, who were all on his right hand.
What gave occasion to the melancholy event of that evening seems to have been this. A difference having happened near Mr. Grays ropewalk, between a soldier and a man belonging to it, the soldier challenged the ropemakers to a boxing match. The challenge was accepted by one of them, and the soldier worsted.
He ran to the barrack in the neighborhood, and returned with several of his companions. The fray was renewed, and the soldiers were driven off. They soon returned with recruits and were again worsted. This happened several times, till at length a considerable body of soldiers was collected, and they also were driven off, the ropemakers having been joined by their brethren of the contiguous ropewalks.
By this time Mr. Gray being alarmed interposed, and with the assistance of some gentlemen prevented any further disturbance. To satisfy the soldiers and punish the man who had been the occasion of the first difference, and as an example to the rest, he turned him out of his service; and waited on Col. Dalrymple, the commanding officer of the troops, and with him concerted measures for preventing further mischief.
Though this affair ended thus, it made a strong impression on the minds of the soldiers in general, who thought the honor of the regiment concerned to revenge those repeated repulses. For this purpose they seem to have formed a combination to commit some outrage upon the inhabitants of the town indiscriminately; and this was to be done on the evening of the 5th instant or soon after; as appears by the depositions of the following persons, viz.:
William Newhall declares, that on Thursday night the 1st of March instant, he met four soldiers of the 29th regiment, and that he heard them say, "there were a great many that would eat their dinners on Monday next, that should not eat any on Tuesday."
Daniel Calfe declares, that on Saturday evening the 3d of March, a camp-woman, wife to James McDeed, a \Jgrenadier\j of the 29th, came into his father's shop, and the people talking about the affrays at the ropewalks, and blaming the soldiers for the part they had acted in it, the woman said, "the soldiers were in the right;" adding, "that before Tuesday or Wednesday night they would wet their swords or bayonets in New England people's blood."
Samuel Drowne declares that, about nine o'clock of the evening of the fifth of March current, standing at his own door in Cornhill, he saw about fourteen or fifteen soldiers of the 29th regiment, who came from Murray's barracks, armed with naked cutlasses, swords, &c., and came upon the inhabitants of the town, then standing or walking in Coruhffl, and abused some, and violently assaulted others as they met them; most of whom were without so much as a stick in their hand to defend themselves, as he very clearly could discern, it being moonlight, and himself being one of the assaulted persons.
All or most of the said soldiers he saw go into King street (some of them through Royal Exchange lane), and there followed them, and soon discovered them to be quarrelling and fighting with the people whom they saw there, which he thinks were not more than a dozen, when the soldiers came first, armed as aforesaid.
Of those dozen people, the most of them were gentlemen, standing together a little below the Town House, upon the Exchange. At the appearance of those soldiers so armed, the most of the twelve persons went off, some of them being first assaulted.
The violent proceedings of this party, and their going into King street, "quarrelling and fighting with the people whom they saw there" (mentioned in Mr. Drowne's deposition), was immediately introductory to the grand catastrophe.
These assailants, who issued from Murray's barracks (so called), after attacking and wounding divers persons in Cornhill, as abovementioned, being armed, proceeded (most of them) up the Royal Exchange lane into King street; where, making a short stop, and after assaulting and driving away the few they met there, they brandished their arms and cried out, "where are the boogers! where are the cowards!"
At this time there were very few persons in the street beside themselves. This party in proceeding from Exchange lane into King street, must pass the sentry posted at the westerly corner of the Custom House, which butts on that lane and fronts on that street.
This is needful to be mentioned, as near that spot and in that street the bloody tragedy was acted, and the street actors in it were stationed: their station being but a few feet from the front side of the said Custom House.
The outrageous behavior and the threats of the said party occasioned the ringing of the meeting-house bell near the head of King street, which bell ringing quick, as for fire, it presently brought out a number of inhabitants, who being soon sensible of the occasion of it, were naturally led to King street, where the said party had made a stop but a little while before, and where their stopping had drawn together a number of boys, round the sentry at the Custom House.
Whether the boys mistook the sentry for one of the said party, and thence took occasion to differ with him, or whether he first affronted them, which is affirmed in several depositions,-however that may be, there was much foul language between them, and some of them, in consequence of his pushing at them with his bayonet, threw snowballs at him, which occasioned him to knock hastily at the door of the Custom House.
From hence two persons thereupon proceeded immediately to the main-guard, which was posted opposite to the State House, at a small distance, near the head of the said street. The officer on guard was Capt. Preston, who with seven or eight soldiers, with fire-arms and charged bayonets, issued from the guardhouse, and in great haste posted himself and his soldiers in front of the Custom House, near the corner aforesaid.
In passing to this station the soldiers pushed several persons with their bayonets, driving through the people in so rough a manner that it appeared they intended to create a disturbance. This occasioned some snowballs to be thrown at them which seems to have been the only provocation that was given.
Mr. Knox (between whom and Capt. Preston there was some conversation on the spot) declares, that while he was talking with Capt. Preston, the soldiers of his detachment had attacked the people with their bayonets and that there was not the least provocation given to Capt. Preston of his party; the backs of the people being toward them when the people were attacked. He also declares, that Capt. Preston seemed to be in great haste and much agitated, and that, according to his opinion, there were not then present in King street above seventy or eighty persons at the extent.
The said party was formed into a half circle; and within a short time after they had been posted at the Custom House, began to fire upon the people.
Captain Preston is said to have ordered them to fire, and to have repeated that order. One gun was fired first; then others in succession and with deliberation, till ten or a dozen guns were fired; or till that number of discharges were made from the guns that were fired. By which means eleven persons were killed and wounded, as above represented.
Courtesy of \IUS Historical Documents Archive.\i
#
"Declaration of Rights (October 14, 1774), The",65,0,0,0
Whereas, since the close of the last war, the British Parliament, claiming a power of right to bind the people of America, by statute, all cases whatsoever, hath in some acts expressly imposed taxes on them and in others, under various pretenses, but in fact for the purpose raising a revenue, hath imposed rates and duties payable in these colonies established a board of commissioners, with unconstitutional powers, and extended the \Jjurisdiction\j of courts of admiralty, 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 time of peace. And whereas, it has lately been 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 for treasons, and misprisions, or concealments of treasons 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 are therein mentioned, the landing and discharging, lading, or shipping of goods, wares and merchandise, at the town, and within the harbor of \JBoston\j, in the province of \JMassachusetts\j Bay, in North America"; and another, entitled "An act for the better regulating the government of the province of the \JMassachusetts\j Bay in New England"; and another, entitled "An act for the impartial administration of justice, in the cases of persons questioned 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 \JMassachusetts\j Bay, in New England."
And another statute was then made, "for making more effectual provision 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 Hampshire, \JMassachusetts\j Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, \JPennsylvania\j, New Castle, Kent and Sussex on \JDelaware\j, Maryland, Virginia, North Carolina, and South Carolina, justly alarmed at these arbitrary proceedings of Parliament and administration, have severally elected, constituted, and appointed deputies to meet and sit in general congress, in the city of Philadelphia, in order to obtain such establishment, as that their religion, laws, and liberties may not be subverted.
Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends 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 compacts, have the following rights:
Resolved, 1. That 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.
Resolved, 2. That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural-born subjects, within the realm of England.
Resolved, 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 foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council: and as the English colonists are not represented, and from their local and other circumstances, can not properly be represented in the British Parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed.
But, from the necessity of the case, and a regard to the mutual interest of both countries, we cheerfully consent to the operation of such acts of the British Parliament, as are bona fide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members; excluding every idea of taxation, internal or eternal, for raising a revenue on the subjects in America, without their consent.
Resolved, 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 colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.
Resolved, 7. That these, His Majesty's colonies, 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, 8. That they have a right peaceably to assemble, consider of their grievances, and petition the King; and that all prosecutions, prohibitory proclamations, and commitment for the same, are illegal.
Resolved, 9. That the keeping a standing army in these colonies, in times of peace, without the consent of the legislature 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, therefore, the exercise of legislative power in several colonies, by a council appointed, during pleasure by the Crown, is unconstitutional, dangerous, and destructive to the freedom of American legislation.
All and each of which the aforesaid deputies, in behalf of themselves and their constituents, do claim, demand, and insist 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 representatives in their several provincial legislatures.
In the course of our inquiry, we find many infringements and violations of the foregoing rights, which, from an ardent desire, that harmony and mutual intercourse of affection and interest may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the last war, 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 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 Geo. 3. ch. 15, and ch. 34.--5 Geo. 3. ch. 25.--6 Geo. 3. ch. 52.--7 Geo. 3. ch. 41, and ch. 46.--8 Geo. 3. ch. 22, which impose duties for the purpose of raising a revenue in America, extend the powers of the admiralty court beyond their ancient limits, deprive the American subject of trial by jury, authorize the judges' certificate to indemnify the prosecutor from damages, 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 subversive of American rights.
Also the 12 Geo. 3. ch. 24, entitled "An act for the better securing His Majesty's dock yards, magazines, ships, ammunition, and stores," which declares a new offense in America, and deprives the American subject of a constitutional trial by jury of the vicinage, by authorizing the trial of any person, charged with the committing any offense 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 Parliament, for stopping the port and blocking up the harbor of \JBoston\j, for altering the charter and government of the \JMassachusetts\j 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 erecting a tyranny there, to the great danger, from so total a dissimilarity of religion, law, and government of the neighboring British colonies, by the assistance of whose blood and treasure the said country was conquered from \JFrance\j.
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.
To these grievous acts and measures, Americans can not submit, but in hopes that their fellow subjects in Great Britain 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:
1st. 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.
We, his Majesty's most loyal subjects, the delegates of the several colonies of New Hampshire, \JMassachusetts\j Bay, Rhode island, Connecticut, New York, New Jersey, \JPennsylvania\j, the three lower counties of Newcastle, Kent and Sussex on \JDelaware\j, Maryland, Virginia, North Carolina, and South Carolina, deputed to represent them in a Continental 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 anxiety 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 deliberation 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 empire.
In prosecution of which system, various acts of Parliament have been passed for raising a revenue in America; 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 \JBoston\j and the \JMassachusetts\j Bay, and also an act for extending the province of Quebec, so as to border on the western 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 civil principles and ancient prejudices to dispose the inhabitants to act with hostility against the free Protestant colonies, whenever a wicked Ministry shall choose to direct them.
To obtain redress of these grievances which threaten destruction to the lives, liberty, and property of His Majesty's subjects in North America, we are of a opinion that a nonimportation, nonconsumption, and nonexportation 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 represent, firmly agree and associate, under the sacred ties of virtue, honor, and love of our country, as follows:
1. That from and after the first day of December next, we will not import into British America from Great Britain or Ireland any 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, \Jcoffee\j, or \Jpimento\j from the British plantations or from Dominica; nor wines from Madeira or the Western Islands, nor foreign indigo.
2. 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 nonconsumption agreement, strictly adhered to, will be an effectual security for the observation of the nonimportation, 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 has been or shall be paid.
And from and after the first day of March next, we will not purchase or use any of those goods, 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 10th Article hereafter mentioned.
4. The earnest desire we have not to injure our fellow subjects in Great Britain, Ireland, or the West Indies induces us to suspend a nonexportation [agreement] 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 Britain, 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 pretense whatsoever, as they cannot be received in America; and if any merchant residing in Great Britain or Ireland shall directly or indirectly ship any goods, wares, or merchandise for America in order to break the said nonimportation 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 nonimportation agreement, on pain of immediate dismission from their service.
7. We will use our 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 seldom as may be, especially those of the most profitable kind; nor we will 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 poorest sort, on moderate terms.
8. We will, in our several stations, encourage frugality, 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 all horse racing, and all kinds of gaming, \Jcockfighting\j, exhibitions of shows, plays, and other expensive diversions and entertainments.
And on the death of any relation or friend, none of us, or any of our families, will go into any further mourning dress than a black crape or ribbon on the arm or hat for gentlemen, and a black ribbon and necklace for ladies, and we will discontinue the giving of gloves and scarves at funerals.
9. Such as are vendors of goods or merchandise will not take advantage of the scarcity of goods that may be occasioned by this association, but will sell the same at the rates we have been respectively accustomed to do for twelve months last past.
And if any vendor of goods or merchandise shall sell such goods on higher terms, or shall, in any manner or by any device whatsoever, violate or depart from this agreement, no person ought nor will any of us deal with any such person, or his or her factor or agent, at any time thereafter, for any commodity whatever.
10. In case any merchant, trader, or other person shall import any goods or merchandise after the first day of December and before the first day of February next, the same ought forthwith, at the election of the owner, to be either reshipped or delivered up to the committee of the country or town wherein they shall be imported, to be stored at the risk of the importer until the nonimportation agreement shall cease or be sold under the direction of the committee aforesaid.
And in the last-mentioned case, the owner or owners of such goods shall be reimbursed out of the sales the first cost and charges, the profit, if any, to be applied toward relieving and employing such poor inhabitants of the town of \JBoston\j as are immediate sufferers by the \JBoston\j port bill; and a particular account of all goods so returned, stored, or sold to be inserted in the public papers.
And if any goods or merchandises after the said first day of February, the same ought forthwith to be sent back again, without breaking any of the packages thereof.
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 attentively to 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 contemned as the enemies of American liberty; and thenceforth we respectively will break off all dealings with him or her.
12. That the Committee of Correspondence, in the respective colonies, do frequently inspect the entries of their customhouses, and inform each other, from time to time, of the true state thereof, and of every other material circumstance that may occur relative to this association.
13. That all manufactures of this country be sold at reasonable prices, so that no undue advantage be taken of a future scarcity of goods.
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 American which shall not accede to, or which shall hereafter violate, this association, but will hold them as unworthy of the rights of freemen and as inimical to the liberties of their 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, as impose or continue duties on tea, wine, molasses, syrups, paneles, \Jcoffee\j, sugar, \Jpimento\j, 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 subject 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...entitled "An act for the better securing His Majesty's dockyards, magazines, ships, ammunition, and stores," by which any persons charged with committing any of the offenses therein described, in America, may be tried in any shire or county within the Realm, is repealed; and until the four acts, passed the last session of Parliament, viz: that for stopping the port and blocking up the harbor of \JBoston\j; that for altering the charter and government of the \JMassachusetts\j Bay; that which is entitled "An act for the better administration of justice, etc."; and that "for extending the limits of Quebec, etc.," are repealed.
And we recommend it to the provincial conventions, and to the committees in the respective colonies, to establish such further regulations 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 members thereof; and thereupon, we have hereunto set our respective names accordingly.
In Congress, Philadelphia, Oct. 20, 1774. Signed,
PEYTON RANDOLPH, President.
New Hampshire: John Sullivan, Nat. Folsom.
Massachusett's Bay: Thomas Cushing, Samuel Adams, John Adams, Robert Treat Paine.
Rhode Island: Stephen Hopkins, Sam. Ward.
Connecticut: Eliphalet Dyer, Roger Sherman, Silas Deane.
New-York: Isaac Low, John Alsop, John Jay, James Duane, William Floyd, Henry Weisner, S. Boerum.
New Jersey: James Kinsey, William Livingston, Stephen Crane, Richard Smith.
Pennsylvania: Joseph Galloway, John Dickinson, Charles Humphreys, Thomas Mifflin, Edward Biddle, John Morton, George Ross.
Newcastle, Etc.: Caesar Rodney, Thomas McKean, George Read.
Maryland: Matthew Tilghman, Tho. Johnson, William Pace, Samuel Chase.
Virginia: Richard Henry Lee, George Washington, P. Henry, jun. Richard Bland, Benjamin Harrison, Edmund Pendleton.
North-Carolina: William Hooper, Joseph Hawes, R. Caswell.
South-Carolina: Henry Middleton, Tho. Lynch, Christopher Gadsden, John Ruttledge, Edward Rutledge.
Appearing in a book entitled The Constitutions of the Several Independent States of America, printed in London, 1783.
Courtesy of \IUS Historical Documents Archive\i
#
"Charlotte Town Resolves (1775), The",67,0,0,0
RESOLVES ADOPTED IN CHARLOTTE TOWN, MECKLENBURG COUNTY, NORTH CAROLINA, MAY 31, 1775
Charlotte Town, Mecklenburg County, May 31.
This Day the Committee met, and passed the following
RESOLVES:
Whereas by an Address presented to his Majesty by both Houses of Parliament in February last, the American Colonies are declared to be in a State of actual Rebelion, we conceive that all Laws and Commissions confirmed by, or derived from the Authority of the King or Parliament, are annulled and vacated, and the former civil Constitution of these Colinies for the present wholly suspended.
To provide in some Degree for the Exigencies of the 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 Colony 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 does or can exist, at this time, in any of these Colonies.
3.As all former Laws are now suspended in this Province, and the Congress have not yet provided others, we judge it necessary, for the better Preservation of good Order, to form certain Rules and Regulations for the internal Government of this County, until Laws shall be provided for us by the Congress.
4.That the Inhabitants of this County do meet on a certain Day appointed by this Committee, and having formed themselves into nine Companies, to wit, eight for the County, and one for the Town of Charlotte, do choose a Colonel and other military Officers, who shall hold and exercise their several Powers by Virtue of this Choice, and independent of Great-Britain, and former Constitution of this Province.
5.That for the better Preservation of the Peace, and Administration of Justice, each of these Companies do choose from their own Body two discreet Freeholders, who shall be impowered each by himself, and singly, to decide and determine all Matters of Controversy arising within the said Company 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 Appeals to the Convention of the Select Men of the whole County; and also, that any one of these shall have Power to examine, and commit to Confinement, Persons accused of Petit Larceny.
6.That those two Select Men, thus chosen, do, jointly and together, choose from the Body of their particular Company two Persons, properly qualified to serve as Constables, who may assist them in the Execution of their Office.
7.That upon the Complaint of any Person to either of these Select Men, he do issue his Warrant, directed to the Constable, commanding him to bring the Aggressor before him or them to answer the said Complaint.
8.That these eighteen Select Men, thus appointed, do meet every third Tuesday in January, April, July, and October, at the Court-House, in Charlotte, to hear and determine all Matters of Controversy for Sums exceeding Forty Shillings; also Appeals: And in Cases of \JFelony\j, to commit the Person or 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 Men, thus convened, do choose a Clerk to record the Transactions of said Convention; and that the said Clerk, upon the Application of any Person or Persons aggrieved, do issue his Warrant to one of the Constables, to summon and warn said Offender to appear before the Convention at their next sittinbg, 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, do intend clandestinely to withdraw from the County without paying such Debt; the Clerk, or such Member, shall issue his Warrant to the Constable, commanding him to take the said Person or Persons into safe Custody, until the next sitting of the Convention.
11.That when a Debtor for a Sum below Forty Shillings shall abscond and leave the County, the Warrant granted as aforesaid shall extend to any Goods or Chattels of the 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 Term if the Debtor fails to return and discharge the Debt, the Constable shall return the Warrant to one of the Select Men of the Company where the Goods and Chattels are found, who shall issue Orders to the Constable to sell such a Part of the said Goods as shall amount to the Sum due; that when the Debt exceeds Forty Shillings, the Return shall be made to the Convention, who shall issue the Orders for Sale.
12.That all Receivers and Collectors of Quitrents, 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 farther in their Office until they be approved of by, and have given to this Committee good and sufficient Security for a faithful Return of such Monies when collected.
13.That the Committee be accountable to the County for the Application of all Monies received from such public Officers.
14.That all these Officers hold their Commissions during the Pleasure of their respective Constituents.
15.That this Commission will sustain all Damages that may ever hereafter accrue to all or any of these Officers thus appointed, and thus acting, on Account of their Obedience and Conformity to these Resolves.
16.That whatever Person shall hereafter receive a Commission from the Crown, or attempt to exercise any such Commission heretofore received, shall be deemed an Enemy to his Country; and upon Information being made to the Captain of the Company where he resides, the said Captain shall cause him to be apprehended, and conveyed before the two Select Men of the said Company, who, upon Proof of the Fact, shall commit him the said Offender, into safe Custody, until the next setting of the Convention, who shall deal with him as Prudence may direct.
17.That any Person refusing to yield Obedience to the above Resolves shall be deemed equally criminal, and liable to the same Punishments as the Offenders above last mentioned.
18.That these Resolves be in full Force and Virtue, until Instructions from the General Congress of this Province, regulating the \JJurisprudence\j of this Province, shall provide otherwise, or the legislative Body of Great-Britain resign its unjust and arbitrary Pretentions with Respect to America.
19.That the several Militia Companies in this county do provide themselves with proper Arms and Accoutrements, and hold themselves in Readiness to execute the commands and Directions of the Provincial Congress, and of this committee.
20.That this committee do appoint Colonel Thomas Polk, and Doctor Joseph Kennedy, to purchase 300 lb. of Powder, 600 lb. of Lead, and 1000 Flints, and deposit the same in some safe Place, hereafter to be appointed by the committee.
Signed by Order of the Commitee.
EPH. BREVARD, Clerk of the Committee
Prepared by Gerald Murphy (The Cleveland Free-Net - aa300) Distributed by the Cybercasting Services Division of the National Public Telecomputing Network (NPTN).
Permission is hereby granted to download, reprint, and/or otherwise redistribute this file, provided appropriate point of origin credit is given to the preparer(s) and the National Public Telecomputing Network.
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#
"Daniel Leonard's Letter (January 9, 1775)",68,0,0,0
Letters adressed to the Inhabitants of the Province of \JMassachusetts\j Bay - Daniel Leonard
Daniel Leonard published these letters in the \JMassachusetts\j Gazette, in which, under the pen name of Massachusettensis, he argued the case for submission to the crown and warned of the dangers of rebellion.
These letters constitute one of the ablest statements of the Loyalist case by an American. John Adams has reacted to this publication in an article which he signed as Novanglus. The links in the text go to the quotations by John Adams and how he tried to refute them.
January 9, 1775
The security of the people from internal rapacity and violence, and from foreign invasion, is the end and design of government. The simple forms of government are monarchy, aristocracy and democracy, that is, where the authority of the state is vested in one, a few, or the many.
Each of these species of government has advantages peculiar to itself, and would answer the ends of government, where the persons intrusted with the authority of the state, always guided themselves by unerring wisdom and public virtue; but rulers are not always exempt from the weakness and depravity which make government necessary to society.
Thus monarchy is apt to rush headlong into tyranny, aristocracy to beget faction and multiplied usurpations, and democracy to degenerate into tumult, violence and anarchy. A government formed upon these three principles in due proportion, is the best calculated to answer the ends of government, and to endure.
Such a government is the British constitution, consisting of King, Lords and Commons, which at once includes the principal excellencies, and excludes the principal defects of the other kinds of government. It is allowed, both by Englishmen and foreigners to be the most perfect system that the wisdom of ages has produced. The distributions of power are so just, and the proportions so exact, as at once to support and controul each other.
An Englishman glories in being subject to, and protected by, such a government. The colonies are a part of the British empire. The best writers upon the law of nations, tell us, that when a nation takes possession of a distant country, and settles there, that country though separated from the principal establishment, or mother country, naturally becomes a part of the state, equal with its ancient possessions.
Two supreme or independent authorities cannot exist in the same state. It would be what is called imperium in imperio, the height of political absurdity. The analogy between the political and human bodies is great. Two independent authorities in a state would be like two distinct principles of volition and action in the human body, dissenting, opposing and destroying each other.
If then we are a part of the British empire, we must be subject to the supreme power of the state which is vested in the estates of parliament, notwithstanding each of the colonies have legislative and executive powers of their own, delegated or granted to them, for the purposes of regulating their own internal police, which are subordinate to, and must necessarily be subject to the checks, controul and regulation of the supreme authority of the state.
This doctrine is not new, but the denial of it is. It is beyond a doubt that it was the sense both of the parent country, and our ancestors, that they were to remain subject to parliament. It is evident from the charter itself, and this authority has been exercised by parliament, from time to time, almost ever since the first settlement of the country, and has been expressly acknowledged by our provincial legislatures. It is not less our interest, than our duty, to continue subject to the authority of parliament, which will be more fully considered hereafter.
The principal argument against the authority of parliament, is this, the Americans are entitled to all the privileges of an Englishman, it is the privilege of an Englishman to be exempt from all laws that he does not consent to in person, or by representative; `be Americans are not represented in parliament, and therefore are exempt from acts of parliament, or in other words, not subject to its authority. This appears specious; but leads to such absurdities as demonstrate its fallacy.
If the colonies are not subject to the authority of parliament, Great-Britain and the colonies must be distinct states, as completely so as England and Scotland were before the union, or as Great-Britain and \JHanover\j are now; The colonies in that case will owe no allegiance to the imperial crown, and perhaps not to the person of the King, as the title of the crown is-derived from an act of parliament, made since the settlement of this province, which act respects the imperial crown only.
Let us waive this difficulty, and suppose allegiance due from the colonies to the person of the King of Great-Britain, he then appears in a new capacity, of King of America, or rather in several new capacities, of King of \JMassachusetts\j, King of Rhoda Island, King of Connecticut, &c., &c. For if our connexion with Great-Britain by the parliament be dissolved, we shall have none among ourselves, but each colony become as distinct from the others, as England was from Scotland, before the union. . . .
But let us suppose the same prerogatives inherent in the several American crowns, as are in the imperial crown of Great-Britain, where shall we find the British constitution that we all agree we are entitled to? We shall seek for it in vain in our provincial assemblies. They are but faint sketches of the estates of parliament.
The houses of representatives or Burgesses, have not all the powers of the House of Commons, in the charter governments they have no more than what is expressly granted by their several charters. The first charters granted to this province did not impower the assembly to tax the people at all. Our Council Boards are as destitute of the constitutional authority of the House of Lords, as their several members are of the noble independence and splendid appendages of \JPeerage\j.
The House of Peers is the bulwark of the British constitution, and through successive ages, has withstood the shocks of monarchy, and the sappings of Democracy, and the constitution gained strength by the conflict. Thus the supposition of our being independent states, or exempt from the authority of parliament, destroys the very idea of our having a British constitution.
The provincial constitutions, considered a subordinate, are generally well adapted to those purpose of government, for which they were intended, that is, to regulate the internal police of the several colonies; but have no principle of stability within themselves, they may support themselves in moderate times, but would be merged by the violence of turbulent ones, and the several colonies become wholly monarchial, or wholly republican, were it not for the checks, controuls, regulations, and support of the supreme authority of the empire.
Thus the argument that is drawn from their first principle of our being entitled to English liberties, destroys the principle itself,it deprives us of the Bill of Rights, and all the benefits resulting from the revolution of English laws, and of the British constitution.
Our patriots have been so intent upon building up American rights, that they have overlooked the rights of Great-Britain, and our own interest. Instead of proving that we are entitled to privileges that our fathers knew our situation would not admit us to enjoy, they have been arguing away our most essential rights.
If there be any grievance, it does not consist in our being subject to the authority of parliament, but in our not having an actual representation in it. Were it possible for the colonies to have an equal representation in Parliament, and were refused it upon proper application, I confess I should think it a grievance; but at present it seems to be allowed by all parties, to be impracticable, considering the colonies are distant from Great-Britain a thousand transmarine leagues.
If that be the case, the right or privilege, that we complain of being deprived of, is not withheld by Britain, but the first principles of government, and the immutable laws of nature, render it impossible for us to enjoy it. ....
Allegiance and protection are reciprocal. It is our highest interest to continue a part of the British empire; and equally our duty to remain subject to the authority of parliament. Our own internal police may generally be regulated by our provincial legislatures, but in national concerns, or where our own assemblies do not answer the ends of government with respect to ourselves, the ordinance or interposition of the great council of the nation is necessary. In this case, the major must rule the minor.
After many more centuries shall have rolled away, long after we, who are now bustling upon the stage of life, shall have been received to the bosom of mother earth, and our names are forgotten, the colonies may be so far increased as to have the balance of wealth, numbers and power, in their favour, the good of the empire make it necessary to fix the seat of government here; and some future George, equally the friend of mankind with him that now sways the British sceptre, may cross the Atlantic, and rule Great-Britain, by an American parliament
I agree, that "two supreme and independent authorities cannot exist in the same state," any more than two supreme beings in one universe; And, therefore, I contend, that our provincial legislatures are the only supreme authorities in our colonies. Parliament, notwithstanding this, may be allowed an authority supreme and sovereign over the ocean, which may be limited by the banks of the ocean, or the bounds of fur charters; our charters give us no authority over the high seas.
Parliament has our consent to assume a \Jjurisdiction\j over them. And here is a line fairly drawn between the rights of Britain and the rights of the colonies, namely, the banks of the ocean, or low-water mark; the line of division between common law, and civil or maritime law. . .
Here, again, we are to be conjured out of our senses by the magic in the words "British empire," and "supreme power of the state." But, however it may sound, I say we are not a part of the British empire; because the British government is not an empire.
The governments of \JFrance\j, \JSpain\j, &c. are not empires, but monarchies, supposed to be governed by fixed fundamental laws, though not really. The British government is still less entitled to the style of an empire. It is a limited monarchy. If Aristotle, Livy, and Harrington knew what a republic was, the British constitution is much more like a republic than an empire.
They define a republic to be a government of laws, and not of men. If this definition is just, the British constitution is nothing more nor less than a republic, in which the king is first magistrate. This office being hereditary, and being possessed of such ample and splendid prerogatives, is no objection to the government's being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend.
An empire is a despotism, and an emperor a despot, bound by no law or limitation but his own will; it is a stretch of tyranny beyond absolute monarchy. For, although the will of an absolute monarch is law, yet his edicts must be registered by parliaments. Even this formality is not necessary in an empire. .
"If the colonies are not subject to the authority of parliament, Great Britain and the colonies must be distinct states, as completely so as England and Scotland were before the union, or as Great Britain and \JHanover\j are now." There is no need of being startled at this consequence. It is very harmless. There is no absurdity at all in it.
Distinct states may be united under one king. And those states may be further cemented and united together by a treaty of commerce. This is the case. We have, by our own express consent, contracted to observe the Navigation Act, and by our implied consent, by long usage and uninterrupted acquiescence, have submitted to the other acts of trade, however grievous some of them may be.
This may be compared to a treaty of commerce, by which those distinct states are cemented together, in perpetual league and amity. . .
The only proposition in all this writer's long string of pretended absurdities, which he says follows from the position that we are distinct states, is this: That, "as the king must govern each state by its parliament, those several parliaments would pursue the particular interest of its own state; and however well disposed the king might be to pursue a line of interest that was common to all, the checks and control that he would meet with would render it impossible."
Every argument ought to be allowed its full weight; and therefore candor obliges me to acknowledge, that here lies all the difficulty that there is in this whole controversy. There has been, from first to last, on both sides of the Atlantic, an idea, an apprehension that it was necessary there should be some superintending power, to draw together all the wills, and unite all the strength of the subjects in all the dominions, in case of war, and in the case of trade.
The necessity of this, in case of trade, has been so apparent, that, as has often been said, we have consented that parliament should exercise such a power. In case of war, it has by some been thought necessary.
But, in fact and experience, it has not been found so. . . . The inconveniences of this were small, in comparison of the absolute ruin to the liberties of all which must follow the submission to parliament, in all cases, which would be giving up all the popular limitations upon the government. .
But, admitting the proposition in its full force, that it is absolutely necessary there should be a supreme power, coextensive with all the dominions, will it follow that parliament, as now constituted, has a right to assume this supreme jurisdiction? By no means.
A union of the colonies might be projected, and an American legislature; for, if America has 3,000,000 people, and the whole dominions 12,000,000, she ought to send a quarter part of all the members to the house of commons; and instead of holding parliaments always at Westminister, the haughty members for Great Britain must humble themselves, one session in four, to cross the Atlantic, and hold the parliament in America.
There is no avoiding all inconveniences in human affairs. The greatest possible, or conceivable, would arise from ceding to parliament power over us without a representation in it. . . . The least of all would arise from going on as we began, and fared well for 150 years, by letting parliament regulate trade, and our own assemblies all other matters.
But perhaps it will be said, that we are to enjoy the British constitution in our supreme legislature, the parliament, not in our provincial legislatures. To this I answer, if parliament is to be our supreme legislature, we shall be under a complete oligarchy or aristocracy, not the British constitution, which this writer himself defines a mixture of monarchy, aristocracy, and democracy.
For king, lords, and commons, will constitute one great oligarchy, as they will stand related to America, as much as the decemvirs did in \JRome\j; with this difference for the worse, that our rulers are to be three thousand miles off. . . . If our provincial constitutions are in any respect imperfect, and want alteration, they have capacity enough to discern it, and power enough to effect it, without interposition of parliament. . . . America will never allow that parliament has any authority to alter their constitution at all. She is wholly penetrated with a sense of the necessity of resisting it at all hazards.... The question we insist on most is, not whether the alteration is for the better or not, but whether parliament has any right to make any alteration at all. And it is the universal sense of America, that it has none. .
That a representation in parliament is impracticable, we all agree; but the consequence is, that we must have a representation in our supreme legislatures here. This was the consequence that was drawn by kings, ministers, our ancestors, and the whole nation, more than a century ago, when the colonies were first settled, and continued to be the general sense until the last peace; and it must be the general sense again soon, or Great Britain will lose her colonies. .
"It is our highest interest to continue a part of the British empire; and equally our duty to remain subject to the authority of parliament," says Massachusettensis.
We are a part of the British dominions, that is, of the King of Great Britain, and it is our interest and duty to continue so. It is equally our interest and duty to continue subject to the authority of parliament, in the regulation of our trade, as long as she shall leave us to govern our internal policy, and to give and grant our own money, and no longer.
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"Edmund Burke's Speech (March 22, 1775)",70,0,0,0
Edmund Burke, Speech on conciliation with America, March 22, 1775
To restore order and repose to an empire so great and so distracted as ours is, merely in the attempt, an undertaking that would ennoble the flights of the highest genius, and obtain pardon for the efforts of the meanest understanding. Struggling a good while with these thoughts, by degrees I felt myself more firm.
I derived, at length, some confidence from what in other circumstances usually produces timidity. I grew less anxious, even from the idea of my own insignificance. For, judging of what you are by what you ought to be, I persuaded myself that you would not reject a reasonable proposition because it had nothing but its reason to recommend it.
The proposition is peace. Not peace through the medium of war; not peace to be hunted through the labyrinth of intricate and endless negotiations; not peace to arise out of universal discord, fomented from principle, in all parts of the empire; not peace to depend on the juridical determination of perplexing questions, or the precise marking the shadowy boundaries of a complex government. It is simple peace, sought in its natural course and in its ordinary haunts.
Let the colonies always keep the idea of their civil rights associated with your government-they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance. But let it be once understood that your government may be one thing and their privileges another, that these two things may exist without any mutual relation - the cement is gone, the cohesion is loosened, and everything hastens to decay and dissolution.
As long as you have the wisdom to keep the sovereign authority of this country as the sanctuary of liberty, the sacred temple consecrated to our common faith, wherever the chosen race and sons of England worship freedom, they will turn their faces towards you. The more they multiply, the more friends you will have, the more ardently they love liberty, the more perfect will be their obedience. \JSlavery\j they can have anywhere.
It is a weed that grows in every soil. They may have it from \JSpain\j, they may have it from \JPrussia\j. But until you become lost to all feeling of your true interest and your natural dignity, freedom they can have from none but you. This is the commodity of price, of which you have the monopoly.
This is the true Act of Navigation, which binds to you the commerce of the -colonies, and through them secures to you the wealth of the world. Deny them this participation of freedom, and you break that sole bond which originally made, and must still preserve, the unity of the empire. Do not entertain so weak an imagination as that your registers and your bonds, your affidavits and your sufferances, your cockets and your clearances, are what form the great securities of your commerce.
Do not dream that your Letters of office, and your instructions, and your suspending clauses are the things that hold together the great contexture of this mysterious whole. These things do not make your government. Dead instruments, passive tools as they are, it is the spirit of the English communion that gives all their life and efficacy to them. It is the spirit of the English constitution which, infused through the mighty mass, pervades, feeds, unites, invigorates, vivffles every part of the empire, even down to the minutest member.
Is it not the same virtue which does every thing for us here in England? Do you imagine, then, that-it is the Land-Tax Act which raises your revenue? that it is the annual vote in the Committee of Supply, which gives you your army? or that it is the Mutiny Bill which inspires it with bravery and discipline? No! surely, no! It is the love of the people; it is their attachment to their government, from the sense of the deep stake they have in such a glorious institution, which gives you your army and your navy, and infuses into both that liberal obedience without which your army would be a base rabble and your navy nothing but rotten timber.
All this, I know well enough, will sound wild and chimerical to the profane herd of those vulgar and mechanical politicians who have no place among us: a sort of people who think that nothing exists but what is gross and material, and who, therefore, far from being qualified to be directors of the great movement of empire, are not fit to turn a wheel in the machine. But to men truly initiated and rightly taught, these ruling and master principles, which in the opinion of such men as I have mentioned have no substantial existence, are in truth everything, and all in all. Magnanimity in politics is not seldom the truest wisdom; and a great empire and little minds go ill together. If we are conscious of our situation, and glow with zeal to fill our places as becomes our station and ourselves, we ought to auspicate all our public proceedings on America with the old warning of the Church, Sursum corda! We ought to elevate our minds to the greatness of that trust to which the order of Providence has called us. By adverting to the dignity of this high calling, our ancestors have turned a savage wilderness into a glorious empire, and have made the most extensive and the only honorable conquests, not by destroying, but by promoting the wealth, the number, the happiness of the human race. Let us get an American revenue as we have got an American empire. English privileges have made it all that it is; English privileges alone will make it all it can he.
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"Give Me Liberty or Give Me Death (March 23, 1775)",71,0,0,0
By Patrick Henry
No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the house. But different men often see the same subject in different lights; and, therefore, I hope it will not be thought disrespectful to those gentlemen if, entertaining as I do opinions of a character very opposite to theirs, I shall speak forth my sentiments freely and without reserve. This is no time for ceremony. The question before the house is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or \Jslavery\j; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at the truth, and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of \Jtreason\j towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings.
Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be of the numbers of those who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth, to know the worst, and to provide for it.
I have but one lamp by which my feet are guided, and that is the lamp of experience. I know of no way of judging of the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years to justify those hopes with which gentlemen have been pleased to solace themselves and the House. Is it that insidious smile with which our petition has been lately received?
Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask yourselves how this gracious reception of our petition comports with those warlike preparations which cover our waters and darken our land. Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation; the last arguments to which kings resort. I ask gentlemen, sir, what means this martial array, if its purpose be not to force us to submission? Can gentlement assign any other possible motive for it? Has Great Britain any enemy, in this quarter of the world, to call for all this accumulation of navies and armies? No, sir, she has none. They are meant for us: they can be meant for no other. They are sent over to bind and rivet upon us those chains which the British ministry have been so long forging. And what have we to oppose to them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne! In vain, after these things, may we indulge the fond hope of peace and reconciliation.
There is no longer any room for hope. If we wish to be free--if we mean to preserve inviolate those inestimable privileges for which we have been so long contending--if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained--we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of hosts is all that is left us! They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength but irresolution and inaction? Shall we acquire the means of effectual resistance by lying supinely on our backs and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations, and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable--and let it come! I repeat it, sir, let it come.
It is in vain, sir, to extentuate the matter. Gentlemen may cry, Peace, Peace--but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!
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"Declaration of the Causes and Necessity of Taking Up Arms (July 6, 1775)",72,0,0,0
A declaration by the representatives of the united colonies of North America, now met in Congress at Philadelphia, setting forth the causes and necessity of their taking up arms.
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 out by his infinite goodness and wisdom, as the objects of a legal domination 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 reverance for our Creator, principles of humanity, 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 legislature of Great-Britain, however, stimulated by an inordinate passion for a power not only unjustifiable, but which they know to be peculiarly reprobated by the very constitution of that kingdom, and desparate 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 colonies 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 intemperate rage for unlimited domination, so to sight 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.
Our forefathers, inhabitants of the island of Great-Britain, left their native land, to seek on these shores a residence for civil and religious freedom. At the expense of their blood, at the hazard of their fortunes, without the least charge to the country from which they removed, by unceasing labour, and an unconquerable spirit, they effected settlements in the distant and unhospitable wilds of America, then filled with numerous and warlike barbarians. Societies or governments, vested with perfect legislatures, were formed under charters from the crown, and an harmonious intercourse was established between the colonies and the kingdom from which they derived their origin. The mutual benefits of this union became in a short time so extraordinary, as to excite astonishment. It is universally confessed, that the amazing increase of the wealth, strength, and navigation of the realm, arose from this source; and the minister, who so wisely and successfully directed the measures of Great-Britain in the late war, publicly declared, that these colonies enabled her to triumph over her enemies.
Towards the conclusion of that war, it pleased our sovereign to make a change in his counsels. From that fatal movement, the affairs of the British empire began to fall into confusion, and gradually sliding from the summit of glorious prosperity, to which they had been advanced by the virtues and abilities of one man, are at length distracted by the convulsions, that now shake it to its deepest foundations. The new ministry finding the brave foes of Britain, though frequently defeated, yet still contending, took up the unfortunate idea of granting them a hasty peace, and then subduing her faithful friends.
These colonies were judged to be in such a state, as to present victories without bloodshed, and all the easy emoluments of statuteable plunder. The uninterrupted tenor of their peaceable and respectful behaviour from the beginning of colonization, their dutiful, zealous, and useful services during the war, though so recently and amply acknowledged in the most honourable manner by his majesty, by the late king, and by parliament, could not save them from the meditated innovations. Parliament was influenced to adopt the pernicious project, and assuming a new power over them, have in the course of eleven years, given such decisive specimens of the spirit and consequences attending this power, as to leave no doubt concerning the effects of acquiescence under it. They have undertaken to give and grant our money without our consent, though we have ever exercised an exclusive right to dispose of our own property; statutes have been passed for extending the \Jjurisdiction\j of courts of admiralty and vice-admiralty beyond their ancient limits; for depriving us of the accustomed and inestimable privilege of trial by jury, in cases affecting both life and property; for suspending the legislature of one of the colonies; for interdicting all commerce to the capital of another; and for altering fundamentally the form of government established by charter, and secured by acts of its own legislature solemnly confirmed by the crown; for exempting the "murderers" of colonists from legal trial, and in effect, from punishment; for erecting in a neighbouring province, acquired by the joint arms of Great-Britain and America, a despotism dangerous to our very existence; and for quartering soldiers upon the colonists in time of profound peace. It has also been resolved in parliament, that colonists charged with committing certain offences, shall be transported to England to be tried.
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 purposes 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 parliament, in the most mild and decent language.
Administration sensible that we should regard these oppressive measures as freemen ought to do, sent over fleets and armies to enforce them. The indignation of the Americans was roused, it is true; but it was the indignation of a virtuous, loyal, and affectionate people. A Congress of delegates from the United Colonies was assembled at Philadelphia, on the fifth day of last September. We resolved again to offer an humble and dutiful petition to the King, and also addressed our fellow-subjects of Great-Britain. We have pursued every temperate, every respectful measure; we have even proceeded to break off our commercial intercourse with our fellow-subjects, as the last peaceable admonition, that our attachment to no nation upon earth should supplant our attachment to liberty. This, we flattered ourselves, was the ultimate step of the controversy: but subsequent events have shewn, how vain was this hope of finding moderation in our enemies.
Several threatening expressions against the colonies were inserted in his majesty's speech; our petition, tho' we were told it was a decent one, and that his majesty had been pleased to receive it graciously, and to promise laying it before his parliament, was huddled into both houses among a bundle of American papers, and there neglected. The lords and commons in their address, in the month of February, said, that "a rebellion at that time actually existed within the province of Massachusetts- Bay; and that those concerned with it, had been countenanced and encouraged by unlawful combinations and engagements, entered into by his majesty's subjects in several of the other colonies; and therefore they besought his majesty, that he would take the most effectual measures to inforce due obediance to the laws and authority of the supreme legislature." Soon after, the commercial intercourse of whole colonies, with foreign countries, and with each other, was cut off by an act of parliament; by another several of them were intirely prohibited from the fisheries in the seas near their coasts, on which they always depended for their sustenance; and large reinforcements of ships and troops were immediately sent over to general Gage.
Fruitless were all the entreaties, arguments, and eloquence of an illustrious band of the most distinguished peers, and commoners, who nobly and strenuously asserted the justice of our cause, to stay, or even to mitigate the heedless fury with which these accumulated and unexampled outrages were hurried on. equally fruitless was the interference of the city of London, of \JBristol\j, and many other respectable towns in our favor. Parliament adopted an insidious manoeuvre calculated to divide us, to establish a perpetual auction of taxations where colony should bid against colony, all of them uninformed what ransom would redeem their lives; and thus to extort from us, at the point of the bayonet, the unknown sums that should be sufficient to gratify, if possible to gratify, ministerial rapacity, with the miserable indulgence left to us of raising, in our own mode, the prescribed tribute. What terms more rigid and humiliating could have been dictated by remorseless victors to conquered enemies? in our circumstances to accept them, would be to deserve them.
Soon after the intelligence of these proceedings arrived on this continent, general Gage, who in the course of the last year had taken possession of the town of \JBoston\j, in the province of Massachusetts-Bay, and still occupied it a garrison, on the 19th day of April, sent out from that place a large detachment of his army, who made an unprovoked assault on the inhabitants of the said province, at the town of \JLexington\j, as appears by the affidavits of a great number of persons, some of whom were officers and soldiers of that detachment, murdered eight of the inhabitants, and wounded many others. From thence the troops proceeded in warlike array to the town of Concord, where they set upon another party of the inhabitants of the same province, killing several and wounding more, until compelled to retreat by the country people suddenly assembled to repel this cruel aggression. Hostilities, thus commenced by the British troops, have been since prosecuted by them without regard to faith or reputation. The inhabitants of \JBoston\j being confined within that town by the general their governor, and having, in order to procure their dismission, entered into a treaty with him, it was stipulated that the said inhabitants having deposited their arms with their own magistrate, should have liberty to depart, taking with them their other effects. They accordingly delivered up their arms, but in open violation of honour, in defiance of the obligation of treaties, which even savage nations esteemed sacred, the governor ordered the arms deposited as aforesaid, that they might be preserved for their owners, to be seized by a body of soldiers; detained the greatest part of the inhabitants in the town, and compelled the few who were permitted to retire, to leave their most valuable effects behind. By this perfidy wives are separated from their husbands, children from their parents, the aged and the sick from their relations and friends, who wish to attend and comfort them; and those who have been used to live in plenty and even elegance, are reduced to deplorable distress.
The general, further emulating his ministerial masters, by a proclamation bearing date on the 12th day of June, after venting the grossest falsehoods and calumnies against the good people of these colonies, proceeds to "declare them all, either by name or description, to be rebels and traitors, to supercede the course of the common law, and instead thereof to publish and order the use and exercise of the law martial." His troops have butchered our countrymen, have wantonly burnt Charlestown, besides a considerable number of houses in other places; our ships and vessels are seized; the necessary supplies of provisions are intercepted, and he is exerting his utmost power to spread destruction and devastation around him.
We have rceived certain intelligence, that general Carleton, the governor of Canada, is instigating the people of that province and the Indians to fall upon us; and we have but too much reason to apprehend, that schemes have been formed to excite domestic enemies against us. In brief, a part of these colonies now feel, and all of them are sure of feeling, as far as the vengeance of administration can inflict them, the complicated calamities of fire, sword and \Jfamine\j. [1] We are reduced to the alternative of chusing an unconditional submission to the tyranny of irritated ministers, or resistance by force. The latter is our choice. We have counted the cost of this contest, and find nothing so dreadful as voluntary \Jslavery\j. Honour, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our innocent posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably awaits them, if we basely entail hereditary bondage upon them.
Our cause is just. Our union is perfect. Our internal resources are great, and, if necessary, foreign assistance is undoubtedly attainable. We gratefully acknowledge, as signal instances of the Divine favour 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 operation, and possessed of the means of defending ourselves. With hearts fortified with these animating reflections, we most solemnly, before God and the world, declare, that, exerting the utmost energy of those powers, which our beneficent 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 perseverence, employ for the preservation of our liberties; being with one mind resolved to die freemen rather than to 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 see restored. Necessity has not yet driven us into that desperate measure, 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 till the late violation of it -- for the protection of our property, acquired solely by the honest industry of our fore-fathers and ourselves, against violence actually offered, we have taken up arms. We shall lay them down when hostilities shall cease on the part of the aggressors, and all danger of their being renewed shall be removed, and not before.
With an humble confidence in the mercies of the supreme and impartial Judge and Ruler of the Universe, we most devoutly implore his divine goodness to protect us happily through this great conflict, to dispose our adversaries to reconciliation on reasonable terms, and thereby to relieve the empire from the calamities of civil war.
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"Yankee Doodle",73,0,0,0
Father and I went down to camp,
Along with Captain Gooding;
And there we saw the men and boys,
As thick as hasty pudding.
Yankee doodle, keep it up,
Yankee doodle dandy;
Mind the musie and the step,
And with the girls be handy.
There was Captain Washington
Upon a slapping stallion,
A-giving orders to his men,
I guess there was a million.
And then the feathers on his hat,
They looked so' tarnal fin-a,
I wanted pockily to get
To give to my Jemima.
And then we saw a swamping gun,
Large as a log of maple;
Upon a deuced little cart,
A load for father's \Jcattle\j.
And every time they shoot it off,
It takes a horn of powder;
It makes a noise like father's gun,
Only a nation louder.
I went as nigh to one myself,
As' Siah's underpinning;
And father went as nigh agin,
I thought the deuce was in him.
We saw a little barrel, too,
The heads were made of leather;
They knocked upon it with little clubs,
And called the folks together.
And there they'd fife away like fun,
And play on cornstalk fiddles,
And some had ribbons red as blood,
All bound around their middles.
The troopers, too, would gallop up
And fire right in our faces;
It scared me almost to death
To see them run such races.
Uncle Sam came there to change
Some pancakes and some onions,
For' lasses cake to carry home
To give his wife and young ones.
But I can't tell half I see
They kept up such a smother;
So I took my hat off, made a bow,
And scampered home to mother.
Cousin Simon grew so bold,
I thought he would have cocked it;
It scared me so I streaked it off,
And hung by father's pocket.
And there I saw a pumpkin shell,
As big as mother's basin;
And every time they touched it off,
They scampered like the nation.
Yankee doodle, keep it up,
Yankee doodle dandy;
Mind the music and the step,
And with the girls be handy
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"A Political Pamphlet by Thomas Paine (February 14, 1776)",74,0,0,0
COMMON SENSE
by Thomas Paine
INTRODUCTION
PERHAPS the sentiments contained in the following pages, are not yet sufficiently fashionable to procure them general favor; a long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defence of custom. But tumult soon subsides. Time makes more converts than reason.
As a long and violent abuse of power is generally the means of calling the right of it in question,(and in matters too which might never have been thought of, had not the sufferers been aggravated into the inquiry,) and as the king of England hath undertaken in his own right, to support the parliament in what he calls theirs, and as the good people of this country are grievously oppressed by the combination, they have an undoubted privilege to inquire into the pretensions of both, and equally to reject the usurpations of either.
In the following sheets, the author hath studiously avoided every thing which is personal among ourselves. Compliments as well as censure to individuals make no part thereof. The wise and the worthy need not the triumph of a pamphlet; and those whose sentiments are injudicious or unfriendly, will cease of themselves, unless too much pains is bestowed upon their conversion.
The cause of America is, in a great measure, the cause of all mankind. Many circumstances have, and will arise, which are not local, but universal, and through which the principles of all lovers of mankind are affected, and in the event of which, their affections are interested. The laying a country desolate with fire and sword, declaring war against the natural rights of all mankind, and extirpating the defenders thereof from the face of the earth, is the concern of every man to whom nature hath given the power of feeling; of which class, regardless of party censure, is
THE AUTHOR.
Philadelphia, Feb. 14, 1776.
OF THE ORIGIN AND DESIGN OF GOVERNMENT IN GENERAL. WITH CONCISE REMARKS ON THE ENGLISH CONSTITUTION
SOME writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins. Society is produced by our wants, and government by our wickedness; the former promotes our happiness positively by uniting our affections, the latter negatively by restraining our vices. The one encourages intercourse, the other creates distinctions. The first is a patron, the last a punisher.
Society in every state is a blessing, but government even in its best state is but a necessary evil in its worst state an intolerable one; for when we suffer, or are exposed to the same miseries by a government, which we might expect in a country without government, our calamities is heightened by reflecting that we furnish the means by which we suffer! Government, like dress, is the badge of lost innocence; the palaces of kings are built on the ruins of the bowers of paradise. For were the impulses of conscience clear, uniform, and irresistibly obeyed, man would need no other lawgiver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest; and this he is induced to do by the same prudence which in every other case advises him out of two evils to choose the least. Wherefore, security being the true design and end of government, it unanswerably follows that whatever form thereof appears most likely to ensure it to us, with the least expense and greatest benefit, is preferable to all others.
In order to gain a clear and just idea of the design and end of government, let us suppose a small number of persons settled in some sequestered part of the earth, unconnected with the rest, they will then represent the first peopling of any country, or of the world. In this state of natural liberty, society will be their first thought. A thousand motives will excite them thereto, the strength of one man is so unequal to his wants, and his mind so unfitted for perpetual solitude, that he is soon obliged to seek assistance and relief of another, who in his turn requires the same. Four or five united would be able to raise a tolerable dwelling in the midst of a wilderness, but one man might labor out the common period of life without accomplishing any thing; when he had felled his timber he could not remove it, nor erect it after it was removed; hunger in the mean time would urge him from his work, and every different want call him a different way. Disease, nay even misfortune would be death, for though neither might be mortal, yet either would disable him from living, and reduce him to a state in which he might rather be said to perish than to die.
Thus necessity, like a gravitating power, would soon form our newly arrived emigrants into society, the reciprocal blessings of which, would supersede, and render the obligations of law and government unnecessary while they remained perfectly just to each other; but as nothing but heaven is impregnable to vice, it will unavoidably happen, that in proportion as they surmount the first difficulties of emigration, which bound them together in a common cause, they will begin to relax in their duty and attachment to each other; and this remissness, will point out the necessity, of establishing some form of government to supply the defect of moral virtue.
Some convenient tree will afford them a State-House, under the branches of which, the whole colony may assemble to deliberate on public matters. It is more than probable that their first laws will have the title only of Regulations, and be enforced by no other penalty than public disesteem. In this first parliament every man, by natural right will have a seat.
But as the colony increases, the public concerns will increase likewise, and the distance at which the members may be separated, will render it too inconvenient for all of them to meet on every occasion as at first, when their number was small, their habitations near, and the public concerns few and trifling. This will point out the convenience of their consenting to leave the legislative part to be managed by a select number chosen from the whole body, who are supposed to have the same concerns at stake which those have who appointed them, and who will act in the same manner as the whole body would act were they present. If the colony continue increasing, it will become necessary to augment the number of the representatives, and that the interest of every part of the colony may be attended to, it will be found best to divide the whole into convenient parts, each part sending its proper number; and that the elected might never form to themselves an interest separate from the electors, prudence will point out the propriety of having elections often; because as the elected might by that means return and mix again with the general body of the electors in a few months, their fidelity to the public will be secured by the prudent reflection of not making a rod for themselves. And as this frequent interchange will establish a common interest with every part of the community, they will mutually and naturally support each other, and on this(not on the unmeaning name of king) depends the strength of government, and the happiness of the governed.
Here then is the origin and rise of government; namely, a mode rendered necessary by the inability of moral virtue to govern the world; here too is the design and end of government, viz., freedom and security. And however our eyes may be dazzled with snow, or our ears deceived by sound; however \Jprejudice\j may warp our wills, or interest darken our understanding, the simple voice of nature and of reason will say, it is right.
I draw my idea of the form of government from a principle in nature, which no art can overturn, viz., that the more simple any thing is, the less liable it is to be disordered, and the easier repaired when disordered; and with this maxim in view, I offer a few remarks on the so much boasted constitution of England. That it was noble for the dark and slavish times in which it was erected is granted. When the world was overrun with tyranny the least therefrom was a glorious rescue. But that it is imperfect, subject to convulsions, and incapable of producing what it seems to promise, is easily demonstrated.
Absolute governments(though the disgrace of human nature) have this advantage with them, that they are simple; if the people suffer, they know the head from which their suffering springs, know likewise the remedy, and are not bewildered by a variety of causes and cures. But the constitution of England is so exceedingly complex, that the nation may suffer for years together without being able to discover in which part the fault lies, some will say in one and some in another, and every political physician will advise a different medicine.
I know it is difficult to get over local or long standing prejudices, yet if we will suffer ourselves to examine the component parts of the English constitution, we shall find them to be the base remains of two ancient tyrannies, compounded with some new republican materials.
First.- The remains of monarchical tyranny in the person of the king. Secondly.- The remains of aristocratical tyranny in the persons of the peers. Thirdly.- The new republican materials, in the persons of the commons, on whose virtue depends the freedom of England.
The two first, by being hereditary, are independent of the people; wherefore in a constitutional sense they contribute nothing towards the freedom of the state.
To say that the constitution of England is a union of three powers reciprocally checking each other, is farcical, either the words have no meaning, or they are flat contradictions.
To say that the commons is a check upon the king, presupposes two things.
First.- That the king is not to be trusted without being looked after, or in other words, that a thirst for absolute power is the natural disease of monarchy. Secondly.- That the commons, by being appointed for that purpose, are either wiser or more worthy of confidence than the crown.
But as the same constitution which gives the commons a power to check the king by withholding the supplies, gives afterwards the king a power to check the commons, by empowering him to reject their other bills; it again supposes that the king is wiser than those whom it has already supposed to be wiser than him. A mere absurdity!
There is something exceedingly ridiculous in the composition of monarchy; it first excludes a man from the means of information, yet empowers him to act in cases where the highest judgment is required. The state of a king shuts him from the world, yet the business of a king requires him to know it thoroughly; wherefore the different parts, unnaturally opposing and destroying each other, prove the whole character to be absurd and useless.
Some writers have explained the English constitution thus; the king, say they, is one, the people another; the peers are an house in behalf of the king; the commons in behalf of the people; but this hath all the distinctions of an house divided against itself; and though the expressions be pleasantly arranged, yet when examined they appear idle and ambiguous; and it will always happen, that the nicest construction that words are capable of, when applied to the description of something which either cannot exist, or is too incomprehensible to be within the compass of description, will be words of sound only, and though they may amuse the ear, they cannot inform the mind, for this explanation includes a previous question, viz. How came the king by a power which the people are afraid to trust, and always obliged to check? Such a power could not be the gift of a wise people, neither can any power, which needs checking, be from God; yet the provision, which the constitution makes, supposes such a power to exist.
But the provision is unequal to the task; the means either cannot or will not accomplish the end, and the whole affair is a felo de se; for as the greater weight will always carry up the less, and as all the wheels of a machine are put in motion by one, it only remains to know which power in the constitution has the most weight, for that will govern; and though the others, or a part of them, may clog, or, as the phrase is, check the rapidity of its motion, yet so long as they cannot stop it, their endeavors will be ineffectual; the first moving power will at last have its way, and what it wants in speed is supplied by time.
That the crown is this overbearing part in the English constitution needs not be mentioned, and that it derives its whole consequence merely from being the giver of places pensions is self evident, wherefore, though we have and wise enough to shut and lock a door against absolute monarchy, we at the same time have been foolish enough to put the crown in possession of the key.
The \Jprejudice\j of Englishmen, in favor of their own government by king, lords, and commons, arises as much or more from national pride than reason. Individuals are undoubtedly safer in England than in some other countries, but the will of the king is as much the law of the land in Britain as in \JFrance\j, with this difference, that instead of proceeding directly from his mouth, it is handed to the people under the most formidable shape of an act of parliament. For the fate of Charles the First, hath only made kings more subtle not- more just.
Wherefore, laying aside all national pride and \Jprejudice\j in favor of modes and forms, the plain truth is, that it is wholly owing to the constitution of the people, and not to the constitution of the government that the crown is not as oppressive in England as in Turkey.
An inquiry into the constitutional errors in the English form of government is at this time highly necessary; for as we are never in a proper condition of doing justice to others, while we continue under the influence of some leading partiality, so neither are we capable of doing it to ourselves while we remain fettered by any obstinate \Jprejudice\j. And as a man, who is attached to a prostitute, is unfitted to choose or judge of a wife, so any prepossession in favor of a rotten constitution of government will disable us from discerning a good one.
\B\IFor more information click on \b\i\JA Political Pamphlet by Thomas Paine (continued)\j
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"A Political Pamphlet by Thomas Paine (continued)",75,0,0,0
OF MONARCHY AND HEREDITARY SUCCESSION
MANKIND being originally equals in the order of creation, the equality could only be destroyed by some subsequent circumstance; the distinctions of rich, and poor, may in a great measure be accounted for, and that without having recourse to the harsh, ill-sounding names of oppression and avarice. Oppression is often the consequence, but seldom or never the means of riches; and though avarice will preserve a man from being necessitously poor, it generally makes him too timorous to be wealthy. But there is another and greater distinction for which no truly natural or religious reason can be assigned, and that is, the distinction of men into KINGS and SUBJECTS. Male and female are the distinctions of nature, good and bad the distinctions of heaven; but how a race of men came into the world so exalted above the rest, and distinguished like some new species, is worth enquiring into, and whether they are the means of happiness or of misery to mankind.
In the early ages of the world, according to the scripture chronology, there were no kings; the consequence of which was there were no wars; it is the pride of kings which throw mankind into confusion. Holland without a king hath enjoyed more peace for this last century than any of the monarchial governments in Europe. Antiquity favors the same remark; for the quiet and rural lives of the first patriarchs hath a happy something in them, which vanishes away when we come to the history of Jewish royalty.
Government by kings was first introduced into the world by the Heathens, from whom the children of Israel copied the custom. It was the most prosperous invention the Devil ever set on foot for the promotion of idolatry. The Heathens paid divine honors to their deceased kings, and the Christian world hath improved on the plan by doing the same to their living ones. How impious is the title of sacred majesty applied to a worm, who in the midst of his splendor is crumbling into dust!
As the exalting one man so greatly above the rest cannot be justified on the equal rights of nature, so neither can it be defended on the authority of scripture; for the will of the Almighty, as declared by Gideon and the \Jprophet\j Samuel, expressly disapproves of government by kings. All anti-monarchial parts of scripture have been very smoothly glossed over in monarchial governments, but they undoubtedly merit the attention of countries which have their governments yet to form. Render unto Caesar the things which are Caesar's is the scriptural doctrine of courts, yet it is no support of monarchial government, for the Jews at that time were without a king, and in a state of vassalage to the Romans.
Near three thousand years passed away from the Mosaic account of the creation, till the Jews under a national delusion requested a king. Till then their form of government(except in extraordinary cases, where the Almighty interposed) was a kind of republic administered by a judge and the elders of the tribes. Kings they had none, and it was held sinful to acknowledge any being under that title but the Lords of Hosts. And when a man seriously reflects on the idolatrous homage which is paid to the persons of kings he need not wonder, that the Almighty, ever jealous of his honor, should disapprove of a form of government which so impiously invades the prerogative of heaven.
Monarchy is ranked in scripture as one of the sins of the Jews, for which a curse in reserve is denounced against them. The history of that transaction is worth attending to.
The children of Israel being oppressed by the Midianites, Gideon marched against them with a small army, and victory, through the divine interposition, decided in his favor. The Jews elate with success, and attributing it to the generalship of Gideon, proposed making him a king, saying, Rule thou over us, thou and thy son and thy son's son. Here was temptation in its fullest extent; not a kingdom only, but an hereditary one, but Gideon in the piety of his soul replied, I will not rule over you, neither shall my son rule over you, THE LORD SHALL RULE OVER YOU. Words need not be more explicit; Gideon doth not decline the honor but denieth their right to give it; neither doth be compliment them with invented declarations of his thanks, but in the positive stile of a \Jprophet\j charges them with disaffection to their proper sovereign, the King of Heaven.
About one hundred and thirty years after this, they fell again into the same error. The hankering which the Jews had for the idolatrous customs of the Heathens, is something exceedingly unaccountable; but so it was, that laying hold of the misconduct of Samuel's two sons, who were entrusted with some secular concerns, they came in an abrupt and clamorous manner to Samuel, saying, Behold thou art old and thy sons walk not in thy ways, now make us a king to judge us like all the other nations. And here we cannot but observe that their motives were bad, viz., that they might be like unto other nations, i.e., the Heathen, whereas their true glory laid in being as much unlike them as possible. But the thing displeased Samuel when they said, give us a king to judge us; and Samuel prayed unto the Lord, and the Lord said unto Samuel, Hearken unto the voice of the people in all that they say unto thee, for they have not rejected thee, but they have rejected me, THEN I SHOULD NOT REIGN OVER THEM.
According to all the works which have done since the day; wherewith they brought them up out of \JEgypt\j, even unto this day; wherewith they have forsaken me and served other Gods; so do they also unto thee. Now therefore hearken unto their voice, howbeit, protest solemnly unto them and show them the manner of the king that shall reign over them, i.e., not of any particular king, but the general manner of the kings of the earth, whom Israel was so eagerly copying after. And notwithstanding the great distance of time and difference of manners, the character is still in fashion. And Samuel told all the words of the Lord unto the people, that asked of him a king. And he said, This shall be the manner of the king that shall reign over you; he will take your sons and appoint them for himself for his chariots, and to be his horsemen, and some shall run before his chariots(this description agrees with the present mode of impressing men) and he will appoint him captains over thousands and captains over fifties, and will set them to ear his ground and to read his harvest, and to make his instruments of war, and instruments of his chariots; and he will take your daughters to be confectionaries and to be cooks and to be bakers(this describes the expense and luxury as well as the oppression of kings) and he will take your fields and your olive yards, even the best of them, and give them to his servants; and he will take the tenth of your seed, and of your vineyards, and give them to his officers and to his servants(by which we see that bribery, corruption, and favoritism are the standing vices of kings) and he will take the tenth of your men servants, and your maid servants, and your goodliest young men and your asses, and put them to his work; and he will take the tenth of your sheep, and ye shall be his servants, and ye shall cry out in that day because of your king which ye shall have chosen, AND THE LORD WILL NOT HEAR YOU IN THAT DAY. This accounts for the continuation of monarchy; neither do the characters of the few good kings which have lived since, either sanctify the title, or blot out the sinfulness of the origin; the high encomium given of David takes no notice of him officially as a king, but only as a man after God's own heart. Nevertheless the People refused to obey the voice of Samuel, and they said, Nay, but we will have a king over us, that we may be like all the nations, and that our king may judge us, and go out before us and fight our battles. Samuel continued to reason with them, but to no purpose; he set before them their ingratitude, but all would not avail; and seeing them fully bent on their folly, he cried out, I will call unto the Lord, and he shall sent thunder and rain(which then was a punishment, being the time of wheat harvest) that ye may perceive and see that your wickedness is great which ye have done in the sight of the Lord, IN ASKING YOU A KING. So Samuel called unto the Lord, and the Lord sent thunder and rain that day, and all the people greatly feared the Lord and Samuel And all the people said unto Samuel, Pray for thy servants unto the Lord thy God that we die not, for WE HAVE ADDED UNTO OUR SINS THIS EVIL, TO ASK A KING. These portions of scripture are direct and positive. They admit of no equivocal construction. That the Almighty hath here entered his protest against monarchial government is true, or the scripture is false. And a man hath good reason to believe that there is as much of kingcraft, as priestcraft in withholding the scripture from the public in Popish countries. For monarchy in every instance is the Popery of government.
To the evil of monarchy we have added that of hereditary succession; and as the first is a degradation and lessening of ourselves, so the second, claimed as a matter of right, is an insult and an imposition on posterity. For all men being originally equals, no one by birth could have a right to set up his own family in perpetual preference to all others for ever, and though himself might deserve some decent degree of honors of his contemporaries, yet his descendants might be far too unworthy to inherit them. One of the strongest natural proofs of the folly of hereditary right in kings, is, that nature disapproves it, otherwise she would not so frequently turn it into ridicule by giving mankind an ass for a lion.
Secondly, as no man at first could possess any other public honors than were bestowed upon him, so the givers of those honors could have no power to give away the right of posterity, and though they might say, "We choose you for our head," they could not, without manifest injustice to their children, say, "that your children and your children's children shall reign over ours for ever." Because such an unwise, unjust, unnatural compact might(perhaps) in the next succession put them under the government of a rogue or a fool. Most wise men, in their private sentiments, have ever treated hereditary right with contempt; yet it is one of those evils, which when once established is not easily removed; many submit from fear, others from superstition, and the more powerful part shares with the king the plunder of the rest.
This is supposing the present race of kings in the world to have had an honorable origin; whereas it is more than probable, that could we take off the dark covering of antiquity, and trace them to their first rise, that we should find the first of them nothing better than the principal ruffian of some restless gang, whose savage manners of preeminence in subtlety obtained him the title of chief among plunderers; and who by increasing in power, and extending his depredations, overawed the quiet and defenseless to purchase their safety by frequent contributions. Yet his electors could have no idea of giving hereditary right to his descendants, because such a perpetual exclusion of themselves was incompatible with the free and unrestrained principles they professed to live by.
Wherefore, hereditary succession in the early ages of monarchy could not take place as a matter of claim, but as something casual or complemental; but as few or no records were extant in those days, and traditionary history stuffed with fables, it was very easy, after the lapse of a few generations, to trump up some superstitious tale, conveniently timed, Mahomet like, to cram hereditary right down the throats of the vulgar. Perhaps the disorders which threatened, or seemed to threaten on the decease of a leader and the choice of a new one(for elections among ruffians could not be very orderly) induced many at first to favor hereditary pretensions; by which means it happened, as it hath happened since, that what at first was submitted to as a convenience, was afterwards claimed as a right.
England, since the conquest, hath known some few good monarchs, but groaned beneath a much larger number of bad ones, yet no man in his senses can say that their claim under William the Conqueror is a very honorable one.
A French bastard landing with an armed banditti, and establishing himself king of England against the consent of the natives, is in plain terms a very paltry rascally original. It certainly hath no divinity in it. However, it is needless to spend much time in exposing the folly of hereditary right, if there are any so weak as to believe it, let them promiscuously worship the ass and lion, and welcome. I shall neither copy their humility, nor disturb their devotion.
Yet I should be glad to ask how they suppose kings came at first? The question admits but of three answers, viz., either by lot, by election, or by usurpation. If the first king was taken by lot, it establishes a precedent for the next, which excludes hereditary succession.
Saul was by lot, yet the succession was not hereditary, neither does it appear from that transaction there was any intention it ever should. If the first king of any country was by election, that likewise establishes a precedent for the next; for to say, that the right of all future generations is taken away, by the act of the first electors, in their choice not only of a king, but of a family of kings for ever, hath no parallel in or out of scripture but the doctrine of original sin, which supposes the free will of all men lost in Adam; and from such comparison, and it will admit of no other, hereditary succession can derive no glory.
For as in Adam all sinned, and as in the first electors all men obeyed; as in the one all mankind were subjected to Satan, and in the other to Sovereignty; as our innocence was lost in the first, and our authority in the last; and as both disable us from reassuming some former state and privilege, it unanswerably follows that original sin and hereditary succession are parallels. Dishonorable rank! Inglorious connection! Yet the most subtle sophist cannot produce a juster simile.
As to usurpation, no man will be so hardy as to defend it; and that William the Conqueror was an usurper is a fact not to be contradicted. The plain truth is, that the antiquity of English monarchy will not bear looking into.
But it is not so much the absurdity as the evil of hereditary succession which concerns mankind. Did it ensure a race of good and wise men it would have the seal of divine authority, but as it opens a door to the foolish, the wicked; and the improper, it hath in it the nature of oppression.
Men who look upon themselves born to reign, and others to obey, soon grow insolent; selected from the rest of mankind their minds are early poisoned by importance; and the world they act in differs so materially from the world at large, that they have but little opportunity of knowing its true interests, and when they succeed to the government are frequently the most ignorant and unfit of any throughout the dominions.
Another evil which attends hereditary succession is, that the throne is subject to be possessed by a minor at any age; all which time the regency, acting under the cover of a king, have every opportunity and inducement to betray their trust.
The same national misfortune happens, when a king worn out with age and infirmity, enters the last stage of human weakness. In both these cases the public becomes a prey to every miscreant, who can tamper successfully with the follies either of age or infancy.
The most plausible plea, which hath ever been offered in favor of hereditary succession, is, that it preserves a nation from civil wars; and were this true, it would be weighty; whereas, it is the most barefaced falsity ever imposed upon mankind.
The whole history of England disowns the fact. Thirty kings and two minors have reigned in that distracted kingdom since the conquest, in which time there have been(including the Revolution) no less than eight civil wars and nineteen rebellions. Wherefore instead of making for peace, it makes against it, and destroys the very foundation it seems to stand on.
The contest for monarchy and succession, between the houses of York and Lancaster, laid England in a scene of blood for many years. Twelve pitched battles, besides skirmishes and sieges, were fought between Henry and Edward. Twice was Henry prisoner to Edward, who in his turn was prisoner to Henry.
And so uncertain is the fate of war and the temper of a nation, when nothing but personal matters are the ground of a quarrel, that Henry was taken in triumph from a prison to a palace, and Edward obliged to fly from a palace to a foreign land; yet, as sudden transitions of temper are seldom lasting, Henry in his turn was driven from the throne, and Edward recalled to succeed him. The parliament always following the strongest side.
This contest began in the reign of Henry the Sixth, and was not entirely extinguished till Henry the Seventh, in whom the families were united. Including a period of 67 years, viz., from 1422 to 1489.
In short, monarchy and succession have laid(not this or that kingdom only) but the world in blood and ashes. 'Tis a form of government which the word of God bears testimony against, and blood will attend it.
If we inquire into the business of a king, we shall find that(in some countries they have none) and after sauntering away their lives without pleasure to themselves or advantage to the nation, withdraw from the scene, and leave their successors to tread the same idle round.
In absolute monarchies the whole weight of business civil and military, lies on the king; the children of Israel in their request for a king, urged this plea "that he may judge us, and go out before us and fight our battles." But in countries where he is neither a judge nor a general, as in England, a man would be puzzled to know what is his business.
The nearer any government approaches to a republic, the less business there is for a king. It is somewhat difficult to find a proper name for the government of England. Sir William Meredith calls it a republic; but in its present state it is unworthy of the name, because the corrupt influence If the crown, by having all the places in its disposal, hath so effectually swallowed up the power, and eaten out the virtue of the house of commons(the republican part in the constitution) that the government of England is nearly as monarchical as that of \JFrance\j or \JSpain\j.
Men fall out with names without understanding them. For it is the republican and not the monarchical part of the constitution of England which Englishmen glory in, viz., the liberty of choosing a house of commons from out of their own body- and it is easy to see that when the republican virtue fails, \Jslavery\j ensues. My is the constitution of England sickly, but because monarchy hath poisoned the republic, the crown hath engrossed the commons?
In England a king hath little more to do than to make war and give away places; which in plain terms, is to impoverish the nation and set it together by the ears. A pretty business indeed for a man to be allowed eight hundred thousand sterling a year for, and worshipped into the bargain! Of more worth is one honest man to society, and in the sight of God, than all the crowned ruffians that ever lived.
\B\IFor more information click on \b\i\JA Political Pamphlet by Thomas Paine (continued 2)\j
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"A Political Pamphlet By Thomas Paine (continued 2)",76,0,0,0
THOUGHTS OF THE PRESENT STATE OF AMERICAN AFFAIRS
IN the following pages I offer nothing more than simple facts, plain arguments, and common sense; and have no other preliminaries to settle with the reader, than that he will divest himself of \Jprejudice\j and prepossession, and suffer his reason and his feelings to determine for themselves; that he will put on, or rather that he will not put off the true character of a man, and generously enlarge his views beyond the present day.
Volumes have been written on the subject of the struggle between England and America. Men of all ranks have embarked in the controversy, from different motives, and with various designs; but all have been ineffectual, and the period of debate is closed. Arms, as the last resource, decide the contest; the appeal was the choice of the king, and the continent hath accepted the challenge.
It hath been reported of the late Mr. Pelham(who tho' an able minister was not without his faults) that on his being attacked in the house of commons, on the score, that his measures were only of a temporary kind, replied, "they will fast my time." Should a thought so fatal and unmanly possess the colonies in the present contest, the name of ancestors will be remembered by future generations with detestation.
The sun never shined on a cause of greater worth. 'Tis not the affair of a city, a country, a province, or a kingdom, but of a continent- of at least one eighth part of the habitable globe. 'Tis not the concern of a day, a year, or an age; posterity are virtually involved in the contest, and will be more or less affected, even to the end of time, by the proceedings now. Now is the seed time of continental union, faith and honor. The least fracture now will be like a name engraved with the point of a pin on the tender rind of a young oak; The wound will enlarge with the tree, and posterity read it in full grown characters.
By referring the matter from argument to arms, a new area for politics is struck; a new method of thinking hath arisen. All plans, proposals, &c. prior to the nineteenth of April, i.e., to the commencement of hostilities, are like the almanacs of the last year; which, though proper then, are superseded and useless now. Whatever was advanced by the advocates on either side of the question then, terminated in one and the same point, viz., a union with Great Britain; the only difference between the parties was the method of effecting it; the one proposing force, the other friendship; but it hath so far happened that the first hath failed, and the second hath withdrawn her influence.
As much hath been said of the advantages of reconciliation, which, like an agreeable dream, hath passed away and left us as we were, it is but right, that we should examine the contrary side of the argument, and inquire into some of the many material injuries which these colonies sustain, and always will sustain, by being connected with, and dependant on Great Britain. To examine that connection and dependance, on the principles of nature and common sense, to see what we have to trust to, if separated, and what we are to expect, if dependant.
I have heard it asserted by some, that as America hath flourished under her former connection with Great Britain, that the same connection is necessary towards her future happiness, and will always have the same effect. Nothing can be more fallacious than this kind of argument.
We may as well assert, that because a child has thrived upon milk, that it is never to have meat; or that the first twenty years of our lives is to become a precedent for the next twenty. But even this is admitting more than is true, for I answer roundly, that America would have flourished as much, and probably much more, had no European power had any thing to do with her. The commerce by which she hath enriched herself are the necessaries of life, and will always have a market while eating is the custom of Europe.
But she has protected us, say some. That she hath engrossed us is true, and defended the continent at our expense as well as her own is admitted, and she would have defended Turkey from the same motive, viz., the sake of trade and dominion.
Alas! we have been long led away by ancient prejudices and made large sacrifices to superstition. We have boasted the protection of Great Britain, without considering, that her motive was interest not attachment; that she did not protect us from our enemies on our account, but from her enemies on her own account, from those who had no quarrel with us on any other account, and who will always be our enemies on the same account.
Let Britain wave her pretensions to the continent, or the continent throw off the dependance, and we should be at peace with \JFrance\j and \JSpain\j were they at war with Britain. The miseries of \JHanover\j last war, ought to warn us against connections.
It hath lately been asserted in parliament, that the colonies have no relation to each other but through the parent country, i.e., that \JPennsylvania\j and the Jerseys, and so on for the rest, are sister colonies by the way of England; this is certainly a very roundabout way of proving relation ship, but it is the nearest and only true way of proving enemyship, if I may so call it. \JFrance\j and \JSpain\j never were, nor perhaps ever will be our enemies as Americans, but as our being the subjects of Great Britain.
But Britain is the parent country, say some. Then the more shame upon her conduct. Even brutes do not devour their young; nor savages make war upon their families; wherefore the assertion, if true, turns to her reproach; but it happens not to be true, or only partly so, and the phrase parent or mother country hath been jesuitically adopted by the king and his parasites, with a low papistical design of gaining an unfair bias on the credulous weakness of our minds.
Europe, and not England, is the parent country of America. This new world hath been the asylum for the persecuted lovers off civil and religious liberty from every Part of Europe. Hither have they fled, not from the tender embraces of the mother, but from the cruelty of the monster; and it is so far true of England, that the same tyranny which drove the first emigrants from home pursues their descendants still.
In this extensive quarter of the globe, we forget the narrow limits of three hundred and sixty miles(the extent of England) and carry our friendship on a larger scale; we claim brotherhood with every European Christian, and triumph in the generosity of the sentiment.
It is pleasant to observe by what regular gradations we surmount the force of local \Jprejudice\j, as we enlarge our acquaintance with the world. A man born in any town in England divided into parishes, will naturally associate most with his fellow parishioners(because their interests in many cases will be common) and distinguish him by the name of neighbor; if he meet him but a few miles from home, he drops the narrow idea of a street, and salutes him by the name of townsman; if he travels out of the county, and meet him in any other, he forgets the minor divisions of street and town, and calls him countryman; i.e., countyman; but if in their foreign excursions they should associate in \JFrance\j or any other part of Europe, their local remembrance would be enlarged into that of Englishmen. And by a just parity of reasoning, all Europeans meeting in America, or any other quarter of the globe, are countrymen; for England, Holland, \JGermany\j, or Sweden, when compared with the whole, stand in the same places on the larger scale, which the divisions of street, town, and county do on the smaller ones; distinctions too limited for continental minds. Not one third of the inhabitants, even of this province, are of English descent. Wherefore, I reprobate the phrase of parent or mother country applied to England only, as being false, selfish, narrow and ungenerous.
But admitting that we were all of English descent, what does it amount to? Nothing. Britain, being now an open enemy, extinguishes every other name and title: And to say that reconciliation is our duty, is truly farcical. The first king of England, of the present line(William the Conqueror) was a Frenchman, and half the peers of England are descendants from the same country; wherefore by the same method of reasoning, England ought to be governed by \JFrance\j.
Much hath been said of the united strength of Britain and the colonies, that in conjunction they might bid defiance to the world. But this is mere presumption; the fate of war is uncertain, neither do the expressions mean anything; for this continent would never suffer itself to be drained of inhabitants to support the British arms in either Asia, Africa, or Europe.
Besides, what have we to do with setting the world at defiance? Our plan is commerce, and that, well attended to,will secure us the peace and friendship of all Europe; because it is the interest of all Europe to have America a free port. Her trade will always be a protection, and her barrenness of gold and silver secure her from invaders.
I challenge the warmest advocate for reconciliation, to show, a single advantage that this continent can reap, by being connected with Great Britain. I repeat the challenge, not a single advantage is derived. Our corn will fetch its price in any market in Europe, and our imported goods must be paid for buy them where we will.
But the injuries and disadvantages we sustain by that connection, are without number; and our duty to mankind I at large, as well as to ourselves, instruct us to renounce the alliance: Because, any submission to, or dependance on Great Britain, tends directly to involve this continent in European wars and quarrels; and sets us at variance with nations, who would otherwise seek our friendship, and against whom, we have neither anger nor complaint.
As Europe is our market for trade, we ought to form no partial connection with any part of it. It is the true interest of America to steer clear of European contentions, which she never can do, while by her dependance on Britain, she is made the make-weight in the scale of British politics.
Europe is too thickly planted with kingdoms to be long at peace, and whenever a war breaks out between England and any foreign power, the trade of America goes to ruin, because of her connection with Britain. The next war may not turn out like the Past, and should it not, the advocates for reconciliation now will be wishing for separation then, because, \Jneutrality\j in that case, would be a safer convoy than a man of war.
Every thing that is right or natural pleads for separation. The blood of the slain, the weeping voice of nature cries, 'tis time to part. Even the distance at which the Almighty hath placed England and America, is a strong and natural proof, that the authority of the one, over the other, was never the design of Heaven. The time likewise at which the continent was discovered, adds weight to the argument, and the manner in which it was peopled increases the force of it.
The reformation was preceded by the discovery of America, as if the Almighty graciously meant to open a sanctuary to the persecuted in future years, when home should afford neither friendship nor safety.
The authority of Great Britain over this continent, is a form of government, which sooner or later must have an end: And a serious mind can draw no true pleasure by looking forward, under the painful and positive conviction, that what he calls "the present constitution" is merely temporary. As parents, we can have no joy, knowing that this government is not sufficiently lasting to ensure any thing which we may bequeath to posterity:
And by a plain method of argument, as we are running the next generation into debt, we ought to do the work of it, otherwise we use them meanly and pitifully. In order to discover the line of our duty rightly, we should take our children in our hand, and fix our station a few years farther into life; that eminence will present a prospect, which a few present fears and prejudices conceal from our sight.
Though I would carefully avoid giving unnecessary offence, yet I am inclined to believe, that all those who espouse the doctrine of reconciliation, may be included within the following descriptions:
Interested men, who are not to be trusted; weak men who cannot see; prejudiced men who will not see; and a certain set of moderate men, who think better of the European world than it deserves; and this last class by an ill-judged deliberation, will be the cause of more calamities to this continent than all the other three.
It is the good fortune of many to live distant from the scene of sorrow; the evil is not sufficiently brought to their doors to make them feel the precariousness with which all American property is possessed. But let our imaginations transport us for a few moments to \JBoston\j, that seat of wretchedness will teach us wisdom, and instruct us for ever to renounce a power in whom we can have no trust.
The inhabitants of that unfortunate city, who but a few months ago were in ease and affluence, have now no other alternative than to stay and starve, or turn out to beg. Endangered by the fire of their friends if they continue within the city, and plundered by the soldiery if they leave it. In their present condition they are prisoners without the hope of redemption, and in a general attack for their relief, they would be exposed to the fury of both armies.
Men of passive tempers look somewhat lightly over the offenses of Britain, and, still hoping for the best, are apt to call out, Come we shall be friends again for all this. But examine the passions and feelings of mankind. Bring the doctrine of reconciliation to the touchstone of nature, and then tell me, whether you can hereafter love, honor, and faithfully serve the power that hath carried fire and sword into your land?
If you cannot do all these, then are you only deceiving yourselves, and by your delay bringing ruin upon posterity. Your future connection with Britain, whom you can neither love nor honor, will be forced and unnatural, and being formed only on the plan of present convenience, will in a little time fall into a relapse more wretched than the first. But if you say, you can still pass the violations over, then I ask, Hath your house been burnt?
Hath you property been destroyed before your face? Are your wife and children destitute of a bed to lie on, or bread to live on? Have you lost a parent or a child by their hands, and yourself the ruined and wretched survivor? If you have not, then are you not a judge of those who have. But if you have, and can still shake hands with the murderers, then are you unworthy the name of husband, father, friend, or lover, and whatever may be your rank or title in life, you have the heart of a coward, and the spirit of a sycophant.
This is not inflaming or exaggerating matters, but trying them by those feelings and affections which nature justifies, and without which, we should be incapable of discharging the social duties of life, or enjoying the felicities of it. I mean not to exhibit horror for the purpose of provoking revenge, but to awaken us from fatal and unmanly slumbers, that we may pursue determinately some fixed object.
It is not in the power of Britain or of Europe to conquer America, if she do not conquer herself by delay and timidity. The present winter is worth an age if rightly employed, but if lost or neglected, the whole continent will partake of the misfortune; and there is no punishment which that man will not deserve, be he who, or what, or where he will, that may be the means of sacrificing a season so precious and useful.
It is repugnant to reason, to the universal order of things, to all examples from the former ages, to suppose, that this continent can longer remain subject to any external power. The most sanguine in Britain does 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 was a fallacious dream. Nature hath deserted the connection, and Art cannot supply her place. For, as Milton wisely expresses, "never can true reconcilement grow where wounds of deadly hate have pierced so deep."
Every quiet method for peace hath been ineffectual. Our prayers have been rejected with disdain; and only tended to convince us, that nothing flatters vanity, or confirms obstinacy in kings more than repeated petitioning- and nothing hath contributed more than that very measure to make the kings of Europe absolute: Witness Denmark and Sweden. Wherefore since nothing but blows will do, for God's sake, let us come to a final separation, and not leave the next generation to be cutting throats, under the violated unmeaning names of parent and child.
To say, they will never attempt it again is idle and visionary, we thought so at the repeal of the stamp act, yet a year or two undeceived us; as well me we may suppose that nations, which have been once defeated, will never renew the quarrel.
\B\IFor more information click on \b\i\JA Political Pamphlet by Thomas Paine (continued 3)\j
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"A Political Pamphlet By Thomas Paine (continued 3)",77,0,0,0
As to government matters, it is not in the powers of Britain to do this continent justice: The business of it will soon be too weighty, and intricate, to be managed with any tolerable degree of convenience, by a power, so distant from us, and so very ignorant of us; for if they cannot conquer us, they cannot govern us.
To be always running three or four thousand miles with a tale or a petition, waiting four or five months for an answer, which when obtained requires five or six more to explain it in, will in a few years be looked upon as folly and childishness- there was a time when it was proper, and there is a proper time for it to cease.
Small islands not capable of protecting themselves, are the proper objects for kingdoms to take under their care; but there is something very absurd, in supposing a continent to be perpetually governed by an island. In no instance hath nature made the satellite larger than its primary planet, and as England and America, with respect to each Other, reverses the common order of nature, it is evident they belong to different systems: England to Europe- America to itself.
I am not induced by motives of pride, party, or resentment to espouse the doctrine of separation and independence; I am clearly, positively, and conscientiously persuaded that it is the true interest of this continent to be so; that every thing short of that is mere patchwork, that it can afford no lasting felicity,- that it is leaving the sword to our children, and shrinking back at a time, when, a little more, a little farther, would have rendered this continent the glory of the earth.
As Britain hath not manifested the least inclination towards a compromise, we may be assured that no terms can be obtained worthy the acceptance of the continent, or any ways equal to the expense of blood and treasure we have been already put to.
The object contended for, ought always to bear some just proportion to the expense. The removal of the North, or the whole detestable junto, is a matter unworthy the millions we have expended. A temporary stoppage of trade, was an inconvenience, which would have sufficiently balanced the repeal of all the acts complained of, had such repeals been obtained; but if the whole continent must take up arms, if every man must be a soldier, it is scarcely worth our while to fight against a contemptible ministry only. Dearly, dearly, do we pay for the repeal of the acts, if that is all we fight for; for in a just estimation, it is as great a folly to pay a Bunker Hill price for law, as for land.
As I have always considered the independency of this continent, as an event, which sooner or later must arrive, so from the late rapid progress of the continent to maturity, the event could not be far off. Wherefore, on the breaking out of hostilities, it was not worth the while to have disputed a matter, which time would have finally redressed, unless we meant to be in earnest; otherwise, it is like wasting an estate of a suit at law, to regulate the trespasses of a tenant, whose lease is just expiring.
No man was a warmer wisher for reconciliation than myself, before the fatal nineteenth of April, 1775(Massacre at Lexington), but the moment the event of that day was made known, I rejected the hardened, sullen tempered Pharaoh of England for ever; and disdain the wretch, that with the pretended title of Father of his people, can unfeelingly hear of their slaughter, and composedly sleep with their blood upon his soul.
But admitting that matters were now made up, what would be the event? I answer, the ruin of the continent. And that for several reasons:
First. The powers of governing still remaining in the hands of the king, he will have a negative over the whole legislation of this continent. And as he hath shown himself such an inveterate enemy to liberty, and discovered such a thirst for arbitrary power, is he, or is he not, a proper man to say to these colonies, "You shall make no laws but what I please?"
And is there any inhabitants in America so ignorant, as not to know, that according to what is called the present constitution, that this continent can make no laws but what the king gives leave to? and is there any man so unwise, as not to see, that(considering what has happened) he will suffer no Law to be made here, but such as suit his purpose? We may be as effectually enslaved by the want of laws in America, as by submitting to laws made for us in England.
After matters are make up(as it is called) can there be any doubt but the whole power of the crown will be exerted, to keep this continent as low and humble as possible? Instead of going forward we shall go backward, or be perpetually quarrelling or ridiculously petitioning. We are already greater than the king wishes us to be, and will he not hereafter endeavor to make us less?
To bring the matter to one point. Is the power who is jealous of our prosperity, a proper power to govern us? Whoever says No to this question is an independent, for independency means no more, than, whether we shall make our own laws, or whether the king, the greatest enemy this continent hath, or can have, shall tell us, "there shall be now laws but such as I like."
But the king you will say has a negative in England; the people there can make no laws without his consent. in point of right and good order, there is something very ridiculous, that a youth of twenty-one(which hath often happened) shall say to several millions of people, older and wiser than himself, I forbid this or that act of yours to be law.
But in this place I decline this sort of reply, though I will never cease to expose the absurdity of it, and only answer, that England being the king's residence, and America not so, make quite another case. The king's negative here is ten times more dangerous and fatal than it can be in England, for there he will scarcely refuse his consent to a bill for putting England into as strong a state of defence as possible, and in America he would never suffer such a bill to be passed.
America is only a secondary object in the system of British politics- England consults the good of this country, no farther than it answers her own purpose. Wherefore, her own interest leads her to suppress the growth of ours in every case which doth not promote her advantage, or in the least interfere with it. A pretty state we should soon be in under such a second-hand government, considering what has happened!
Men do not change from enemies to friends by the alteration of a name; and in order to show that reconciliation now is a dangerous doctrine, I affirm, that it would be policy in the kingdom at this time, to repeal the acts for the sake of reinstating himself in the government of the provinces; in order, that he may accomplish by craft and subtlety, in the long run, wha he cannot do by force ans violence in the short one. Reconciliation and ruin are nearly related.
Secondly. That as even the best terms, which we can expect to obtain, can amount to no more than a temporary expedient, or a kind of government by guardianship, which can last no longer than till the colonies come of age, so the general face and state of things, in the interim, will be unsettled and unpromising.
Emigrants of property will not choose to come to a country whose form of government hangs but by a thread, and who is every day tottering on the brink of commotion and disturbance; and numbers of the present inhabitant would lay hold of the interval, to dispose of their effects, and quit the continent.
But the most powerful of all arguments, is, that nothing but independence, i.e., a continental form of government, can keep the peace of the continent and preserve it inviolate from civil wars. I dread the event of a reconciliation with Britain now, as it is more than probable, that it will be followed by a revolt somewhere or other, the consequences of which may be far more fatal than all the malice of Britain.
Thousands are already ruined by British barbarity;(thousands more will probably suffer the same fate.) Those men have other feelings than us who have nothing suffered. All they now possess is liberty, what they before enjoyed is sacrificed to its service, and having nothing more to lose, they disdain submission.
Besides, the general temper of the colonies, towards a British government, will be like that of a youth, who is nearly out of his time, they will care very little about her. And a government which cannot preserve the peace, is no government at all, and in that case we pay our money for nothing; and pray what is it that Britain can do, whose power will be wholly on paper, should a civil tumult break out the very day after reconciliation?
I have heard some men say, many of whom I believe spoke without thinking, that they dreaded independence, fearing that it would produce civil wars. It is but seldom that our first thoughts are truly correct, and that is the case here; for there are ten times more to dread from a patched up connection than from independence. I make the sufferers case my own, and I protest, that were I driven from house and home, my property destroyed, and my circumstances ruined, that as man, sensible of injuries, I could never relish the doctrine of reconciliation, or consider myself bound thereby.
The colonies have manifested such a spirit of good order and obedience to continental government, as is sufficient to make every reasonable person easy and happy on that head. No man can assign the least pretence for his fears, on any other grounds, that such as are truly childish and ridiculous, viz., that one colony will be striving for superiority over another.
Where there are no distinctions there can be no superiority, perfect equality affords no temptation. The republics of Europe are all(and we may say always) in peace. Holland and \JSwitzerland\j are without wars, foreign or domestic; monarchical governments, it is true, are never long at rest: the crown itself is a temptation to enterprising ruffians at home; and that degree of pride and insolence ever attendant on regal authority swells into a rupture with foreign powers, in instances where a republican government, by being formed on more natural principles, would negotiate the mistake.
If there is any true cause of fear respecting independence it is because no plan is yet laid down. Men do not see their way out; wherefore, as an opening into that business I offer the following hints; at the same time modestly affirming, that I have no other opinion of them myself, than that they may be the means of giving rise to something better. Could the straggling thoughts of individuals be collected, they would frequently form materials for wise and able men to improve to useful matter.
Let the assemblies be annual, with a President only. The representation more equal. Their business wholly domestic, and subject to the authority of a continental congress.
Let each colony be divided into six, eight, or ten, convenient districts, each district to send a proper number of delegates to congress, so that each colony send at least thirty. The whole number in congress will be at least three hundred ninety. Each congress to sit..... and to choose a president by the following method. When the delegates are met, let a colony be taken from the whole thirteen colonies by lot, after which let the whole congress choose(by ballot) a president from out of the delegates of that province.
I the next Congress, let a colony be taken by lot from twelve only, omitting that colony from which the president was taken in the former congress, and so proceeding on till the whole thirteen shall have had their proper rotation. And in order that nothing may pass into a law but what is satisfactorily just, not less than three fifths of the congress to be called a majority. He that will promote discord, under a government so equally formed as this, would join Lucifer in his revolt.
But as there is a peculiar delicacy, from whom, or in what manner, this business must first arise, and as it seems most agreeable and consistent, that it should come from some intermediate body between the governed and the governors, that is between the Congress and the people, let a Continental Conference be held, in the following manner, and for the following purpose:
A committee of twenty-six members of Congress, viz., two for each colony. Two members for each house of assembly, or provincial convention; and five representatives of the people at large, to be chosen in the capital city or town of each province, for, and in behalf of the whole province, by as many qualified voters as shall think proper to attend from all parts of the province for that purpose; or, if more convenient, the representatives may be chosen in two or three of the most populous parts thereof. In this conference, thus assembled, will be united, the two grand principles of business, knowledge and power.
The members of Congress, Assemblies, or Conventions, by having had experience in national concerns, will be able and useful counsellors, and the whole, being empowered by the people will have a truly legal authority.
The conferring members being met, let their business be to frame a Continental Charter, or Charter of the United Colonies;(answering to what is called the Magna Charta of England) fixing the number and manner of choosing members of Congress, members of Assembly, with their date of sitting, and drawing the line of business and \Jjurisdiction\j between them: always remembering, that our strength is continental, not provincial: Securing freedom and property to all men, and above all things the free exercise of religion, according to the dictates of conscience; with such other matter as is necessary for a charter to contain.
Immediately after which, the said conference to dissolve, and the bodies which shall be chosen conformable to the said charter, to be the legislators and governors of this continent for the time being: Whose peace and happiness, may God preserve, Amen.
Should any body of men be hereafter delegated for this or some similar purpose, I offer them the following extracts from that wise observer on governments Dragonetti. "The science" says he, "of the politician consists in fixing the true point of happiness and freedom. Those men would deserve the gratitude of ages, who should discover a mode of government that contained the greatest sum of individual happiness, with the least national expense."- Dragonetti on Virtue and Rewards.
But where says some is the king of America? I'll tell you Friend, he reigns above, and doth not make havoc of mankind like the Royal of Britain. Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king. For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other. But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is.
A government of our own is our natural right: And when a man seriously reflects on the precariousness of human affairs, he will become convinced, that it is in finitely wiser and safer, to form a constitution of our own in a cool deliberate manner, while we have it in our power, than to trust such an interesting event to time and chance. If we omit it now, some Massenello* may hereafter arise, who laying hold of popular disquietudes, may collect together the desperate and the discontented, and by assuming to themselves the powers of government, may sweep away the liberties of the continent like a deluge.
Should the government of America return again into the hands of Britain, the tottering situation of things, will be a temptation for some desperate adventurer to try his fortune; and in such a case, what relief can Britain give? Ere she could hear the news the fatal business might be done, and ourselves suffering like the wretched Britons under the oppression of the Conqueror. Ye that oppose independence now, ye know not what ye do; ye are opening a door to eternal tyranny, by keeping vacant the seat of government.
(*Thomas Anello, otherwise Massenello, a fisherman of Naples, who after spiriting up his countrymen in the public market place, against the oppression of the Spaniards, to whom the place was then subject, prompted them to revolt, and in the space of a day became king.)
There are thousands and tens of thousands; who would think it glorious to expel from the continent, that barbarous and hellish power, which hath stirred up the Indians and Negroes to destroy us; the cruelty hath a double guilt, it is dealing brutally by us, and treacherously by them. To talk of friendship with those in whom our reason forbids us to have faith, and our affections,(wounded through a thousand pores) instruct us to detest, is madness and folly.
Every day wears out the little remains of kindred between us and them, and can there be any reason to hope, that as the relationship expires, the affection will increase, or that we shall agree better, when we have ten times more and greater concerns to quarrel over than ever?
Ye that tell us of harmony and reconciliation, can ye restore to us the time that is past? Can ye give to prostitution its former innocence? Neither can ye reconcile Britain and America. The last cord now is broken, the people of England are presenting addresses against us. There are injuries which nature cannot forgive; she would cease to be nature if she did.
As well can the lover forgive the ravisher of his mistress, as the continent forgive the murders of Britain. The Almighty hath implanted in us these inextinguishable feelings for good and wise purposes. They are the guardians of his image in our hearts. They distinguish us from the herd of common animals. The social compact would dissolve, and justice be extirpated the earth, of have only a casual existence were we callous to the touches of affection. The robber and the murderer, would often escape unpunished, did not the injuries which our tempers sustain, provoke us into justice.
O ye that love mankind! Ye that dare oppose, not only the tyranny, but the tyrant, stand forth! Every spot of the old world is overrun with oppression. Freedom hath been hunted round the globe. Asia, and Africa, have long expelled her. Europe regards her like a stranger, and England hath given her warning to depart. O! receive the fugitive, and prepare in time an asylum for mankind.
\B\IFor more information click on \b\i\JA Political Pamphlet by Thomas Paine (continued 4)\j
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"A Political Pamphlet By Thomas Paine (continued 4)",78,0,0,0
OF THE PRESENT ABILITY OF AMERICA, WITH SOME MISCELLANEOUS REFLECTIONS
I HAVE never met with a man, either in England or America, who hath not confessed his opinion, that a separation between the countries, would take place one time or other. And there is no instance in which we have shown less judgment, than in endeavoring to describe, what we call, the ripeness or fitness of the Continent for independence.
As all men allow the measure, and vary only in their opinion of the time, let us, in order to remove mistakes, take a general survey of things and endeavor if possible, to find out the very time. But we need not go far, the inquiry ceases at once, for the time hath found us. The general concurrence, the glorious union of all things prove the fact.
It is not in numbers but in unity, that our great strength lies; yet our present numbers are sufficient to repel the force of all the world. The Continent hath, at this time, the largest body of armed and disciplined men of any power under Heaven; and is just arrived at that pitch of strength, in which no single colony is able to support itself, and the whole, who united can accomplish the matter, and either more, or, less than this, might be fatal in its effects.
Our land force is already sufficient, and as to naval affairs, we cannot be insensible, that Britain would never suffer an American man of war to be built while the continent remained in her hands. Wherefore we should be no forwarder an hundred years hence in that branch, than we are now; but the truth is, we should be less so, because the timber of the country is every day diminishing, and that which will remain at last, will be far off and difficult to procure.
Were the continent crowded with inhabitants, her sufferings under the present circumstances would be intolerable. The more sea port towns we had, the more should we have both to defend and to loose. Our present numbers are so happily proportioned to our wants, that no man need be idle. The diminution of trade affords an army, and the necessities of an army create a new trade. Debts we have none; and whatever we may contract on this account will serve as a glorious memento of our virtue.
Can we but leave posterity with a settled form of government, an independent constitution of its own, the purchase at any price will be cheap. But to expend millions for the sake of getting a few we acts repealed, and routing the present ministry only, is unworthy the charge, and is using posterity with the utmost cruelty; because it is leaving them the great work to do, and a debt upon their backs, from which they derive no advantage. Such a thought is unworthy a man of honor, and is the true characteristic of a narrow heart and a peddling politician.
The debt we may contract doth not deserve our regard if the work be but accomplished. No nation ought to be without a debt. A national debt is a national bond; and when it bears no interest, is in no case a grievance. Britain is oppressed with a debt of upwards of one hundred and forty millions sterling, for which she pays upwards of four millions interest.
And as a compensation for her debt, she has a large navy; America is without a debt, and without a navy; yet for the twentieth part of the English national debt, could have a navy as large again. The navy of England is not worth, at this time, more than three millions and a half sterling.
No country on the globe is so happily situated, so internally capable of raising a fleet as America. Tar, timber, iron, and cordage are her natural produce. We need go abroad for nothing. Whereas the Dutch, who make large profits by hiring out their ships of war to the Spaniards and Portuguese, are obliged to import most of the materials they use.
We ought to view the building a fleet as an article of commerce, it being the natural manufactory of this country. It is the best money we can lay out. A navy when finished is worth more than it cost. And is that nice point in national policy, in which commerce and protection are united. Let us build; if we want them not, we can sell; and by that means replace our paper currency with ready gold and silver.
In point of manning a fleet, people in general run into great errors; it is not necessary that one-fourth part should be sailors. The privateer Terrible, Captain Death, stood the hottest engagement of any ship last war, yet had not twenty sailors on board, though her complement of men was upwards of two hundred. A few able and social sailors will soon instruct a sufficient number of active landsmen in the common work of a ship. Wherefore, we never can be more capable to begin on maritime matters than now, while our timber is standing, our fisheries blocked up, and our sailors and shipwrights out of employ.
Men of war of seventy and eighty guns were built forty years ago in New England, and why not the same now? Ship building is America's greatest pride, and in which, she will in time excel the whole world. The great empires of the east are mostly inland, and consequently excluded from the possibility of rivalling her. Africa is in a state of barbarism; and no power in Europe, hath either such an extent or coast, or such an internal supply of materials. Where nature hath given the one, she has withheld the other; to America only hath she been liberal of both. The vast empire of \JRussia\j is almost shut out from the sea; wherefore, her boundless forests, her tar, iron, and cordage are only articles of commerce.
In point of safety, ought we to be without a fleet? We are not the little people now, which we were sixty years ago; at that time we might have trusted our property in the streets, or fields rather; and slept securely without locks or bolts to our doors or windows. The case now is altered, and our methods of defence ought to improve with our increase of property.
A common pirate, twelve months ago, might have come up the \JDelaware\j, and laid the city of Philadelphia under instant contribution, for what sum he pleased; and the same might have happened to other places. Nay, any daring fellow, in a brig of fourteen or sixteen guns, might have robbed the whole Continent, and carried off half a million of money. These are circumstances which demand our attention, and point out the necessity of naval protection.
Some, perhaps, will say, that after we have made it up with Britain, she will protect us. Can we be so unwise as to mean, that she shall keep a navy in our harbors for that purpose? Common sense will tell us, that the power which hath endeavored to subdue us, is of all others the most improper to defend us. Conquest may be effected under the pretence of friendship; and ourselves, after a long and brave resistance, be at last cheated into \Jslavery\j.
And if her ships are not to be admitted into our harbors, I would ask, how is she to protect us? A navy three or four thousand miles off can be of little use, and on sudden emergencies, none at all. Wherefore, if we must hereafter protect ourselves, why not do it for ourselves? Why do it for another.
The English list of ships of war is long and formidable, but not a tenth part of them are at any one time fit for service, numbers of them not in being; yet their names are pompously continued in the list, if only a plank be left of the ship: and not a fifth part, of such as are fit for service, can be spared on any one station at one time.
The East, and West Indies, Mediterranean, Africa, and other parts over which Britain extends her claim, make large demands upon her navy. From a mixture of \Jprejudice\j and inattention, we have contracted a false notion respecting the navy of England, and have talked as if we should have the whole of it to encounter at once, and for that reason, supposed that we must have one as large; which not being instantly practicable, have been made use of by a set of disguised tories to discourage our beginning thereon.
Nothing can be farther from truth than this; for if America had only a twentieth part of the naval force of Britain, she would be by far an over match for her; because, as we neither have, nor claim any foreign dominion, our whole force would be employed on our own coast, where we should, in the long run, have two to one the advantage of those who had three or four thousand miles to sail over, before they could attack us, and the same distance to return in order to refit and recruit. And although Britain by her fleet, hath a check over our trade to Europe, we have as large a one over her trade to the West Indies, which, by laying in the neighborhood of the Continent, is entirely at its mercy.
Some method might be fallen on to keep up a naval force in time of peace, if we should not judge it necessary to support a constant navy. If premiums were to be given to merchants, to build and employ in their service, ships mounted with twenty, thirty, forty, or fifty guns,(the premiums to be in proportion to the loss of bulk to the merchants) fifty or sixty of those ships, with a few guard ships on constant duty, would keep up a sufficient navy, and that without burdening ourselves with the evil so loudly complained of in England, of suffering their fleet, in time of peace to lie rotting in the docks. To unite the sinews of commerce and defence is sound policy; for when our strength and our riches, play into each other's hand, we need fear no external enemy.
In almost every article of defence we abound. \JHemp\j flourishes even to rankness, so that we need not want cordage. Our iron is superior to that of other countries. Our small arms equal to any in the world. Cannon we can cast at pleasure. \JSaltpetre\j and \Jgunpowder\j we are every day producing. Our knowledge is hourly improving. Resolution is our inherent character, and courage hath never yet forsaken us. Wherefore, what is it that we want? Why is it that we hesitate?
From Britain we can expect nothing but ruin. If she is once admitted to the government of America again, this Continent will not be worth living in. Jealousies will be always arising; insurrections will be constantly happening; and who will go forth to quell them? Who will venture his life to reduce his own countrymen to a foreign obedience? The difference between \JPennsylvania\j and Connecticut, respecting some unlocated lands, shows the insignificance of a British government, and fully proves, that nothing but Continental authority can regulate Continental matters.
Another reason why the present time is preferable to all others, is, that the fewer our numbers are, the more land there is yet unoccupied, which instead of being lavished by the king on his worthless dependents, may be hereafter applied, not only to the discharge of the present debt, but to the constant support of government. No nation under heaven hath such an advantage as this.
The infant state of the Colonies, as it is called, so far from being against, is an argument in favor of independence. We are sufficiently numerous, and were we more so, we might be less united. It is a matter worthy of observation, that the more a country is peopled, the smaller their armies are. In military numbers, the ancients far exceeded the moderns: and the reason is evident, for trade being the consequence of population, men become too much absorbed thereby to attend to anything else. Commerce diminishes the spirit, both of patriotism and military defence.
And history sufficiently informs us, that the bravest achievements were always accomplished in the non-age of a nation. With the increase of commerce England hath lost its spirit. The city of London, notwithstanding its numbers, submits to continued insults with the patience of a coward. The more men have to lose, the less willing are they to venture. The rich are in general slaves to fear, and submit to courtly power with the trembling duplicity of a spaniel.
Youth is the seed-time of good habits, as well in nations as in individuals. It might be difficult, if not impossible, to form the Continent into one government half a century hence. The vast variety of interests, occasioned by an increase of trade and population, would create confusion.
Colony would be against colony. Each being able might scorn each other's assistance: and while the proud and foolish gloried in their little distinctions, the wise would lament that the union had not been formed before. Wherefore, the present time is the true time for establishing it.
The intimacy which is contracted in infancy, and the friendship which is formed in misfortune, are, of all others, the most lasting and unalterable. Our present union is marked with both these characters: we are young, and we have been distressed; but our concord hath withstood our troubles, and fixes a memorable area for posterity to glory in.
The present time, likewise, is that peculiar time, which never happens to a nation but once, viz., the time of forming itself into a government. Most nations have let slip the opportunity, and by that means have been compelled to receive laws from their conquerors, instead of making laws for themselves. First, they had a king, and then a form of government; whereas, the articles or charter of government, should be formed first, and men delegated to execute them afterwards: but from the errors of other nations, let us learn wisdom, and lay hold of the present opportunity- to begin government at the right end.
When William the Conqueror subdued England he gave them law at the point of the sword; and until we consent that the seat of government in America, be legally and authoritatively occupied, we shall be in danger of having it filled by some fortunate ruffian, who may treat us in the same manner, and then, where will be our freedom? where our property?
As to religion, I hold it to be the indispensable duty of all government, to protect all conscientious professors thereof, and I know of no other business which government hath to do therewith. Let a man throw aside that narrowness of soul, that selfishness of principle, which the niggards of all professions are so unwilling to part with, and he will be at once delivered of his fears on that head. Suspicion is the companion of mean souls, and the bane of all good society.
For myself I fully and conscientiously believe, that it is the will of the Almighty, that there should be diversity of religious opinions among us: It affords a larger field for our Christian kindness. Were we all of one way of thinking, our religious dispositions would want matter for probation; and on this liberal principle, I look on the various denominations among us, to be like children of the same family, differing only, in what is called their Christian names.
Earlier in this work, I threw out a few thoughts on the propriety of a Continental Charter,(for I only presume to offer hints, not plans) and in this place, I take the liberty of rementioning the subject, by observing, that a charter is to be understood as a bond of solemn obligation, which the whole enters into, to support the right of every separate part, whether of religion, personal freedom, or property, A firm bargain and a right reckoning make long friends.
In a former page I likewise mentioned the necessity of a large and equal representation; and there is no political matter which more deserves our attention. A small number of electors, or a small number of representatives, are equally dangerous. But if the number of the representatives be not only small, but unequal, the danger is increased. As an instance of this, I mention the following; when the Associators petition was before the House of Assembly of \JPennsylvania\j; twenty-eight members only were present, all the Bucks County members, being eight, voted against it, and had seven of the Chester members done the same, this whole province had been governed by two counties only, and this danger it is always exposed to.
The unwarrantable stretch likewise, which that house made in their last sitting, to gain an undue authority over the delegates of that province, ought to warn the people at large, how they trust power out of their own hands. A set of instructions for the Delegates were put together, which in point of sense and business would have dishonored a school-boy, and after being approved by a few, a very few without doors, were carried into the house, and there passed in behalf of the whole colony; whereas, did the whole colony know, with what ill-will that House hath entered on some necessary public measures, they would not hesitate a moment to think them unworthy of such a trust.
Immediate necessity makes many things convenient, which if continued would grow into oppressions. Expedience and right are different things. When the calamities of America required a consultation, there was no method so ready, or at that time so proper, as to appoint persons from the several Houses of Assembly for that purpose and the wisdom with which they have proceeded hath preserved this continent from ruin.
But as it is more than probable that we shall never be without a Congress, every well-wisher to good order, must own, that the mode for choosing members of that body, deserves consideration. And I put it as a question to those, who make a study of mankind, whether representation and election is not too great a power for one and the same body of men to possess? When we are planning for posterity, we ought to remember that virtue is not hereditary.
It is from our enemies that we often gain excellent maxims, and are frequently surprised into reason by their mistakes. Mr. Cornwall(one of the Lords of the Treasury) treated the petition of the New York Assembly with contempt, because that House, he said, consisted but of twenty-six members, which trifling number, he argued, could not with decency be put for the whole. We thank him for his involuntary honesty.*
*Those who would fully understand of what great consequence a large and equal representation is to a state, should read Burgh's political Disquisitions.
To conclude: However strange it may appear to some, or however unwilling they may be to think so, matters not, but many strong and striking reasons may be given, to show, that nothing can settle our affairs so expeditiously as an open and determined declaration for independence. Some of which are:
First. It is the custom of nations, when any two are at war, for some other powers, not engaged in the quarrel, to step in as mediators, and bring about the preliminaries of a peace: but while America calls herself the subject of Great Britain, no power, however well disposed she may be, can offer her mediation. Wherefore, in our present state we may quarrel on for ever.
Secondly. It is unreasonable to suppose, that \JFrance\j or \JSpain\j will give us any kind of assistance, if we mean only to make use of that assistance for the purpose of repairing the breach, and strengthening the connection between Britain and America; because, those powers would be sufferers by the consequences.
Thirdly. While we profess ourselves the subjects of Britain, we must, in the eye of foreign nations, be considered as rebels. The precedent is somewhat dangerous to their peace, for men to be in arms under the name of subjects; we on the spot, can solve the paradox: but to unite resistance and subjection, requires an idea much too refined for common understanding.
Fourthly. Were a manifesto to be published, and despatched to foreign courts, setting forth the miseries we have endured, and the peaceable methods we have ineffectually used for redress; declaring, at the same time, that not being able, any longer to live happily or safely under the cruel disposition of the British court, we had been driven to the necessity of breaking off all connection with her; at the same time assuring all such courts of our peaceable disposition towards them, and of our desire of entering into trade with them. Such a memorial would produce more good effects to this Continent, than if a ship were freighted with petitions to Britain.
Under our present denomination of British subjects we can neither be received nor heard abroad: The custom of all courts is against us, and will be so, until, by an independence, we take rank with other nations.
These proceedings may at first appear strange and difficult; but, like all other steps which we have already passed over, will in a little time become familiar and agreeable; and, until an independence is declared, the continent will feel itself like a man who continues putting off some unpleasant business from day to day, yet knows it must be done, hates to set about it, wishes it over, and is continually haunted with the thoughts of its necessity.
\B\IFor more information click on \b\i\JA Political Pamphlet by Thomas Paine (continued 5)\j
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"A Political Pamphlet By Thomas Paine (continued 5)",79,0,0,0
APPENDIX
SINCE the publication of the first edition of this pamphlet, or rather, on the same day on which it came out, the king's speech made its appearance in this city. Had the spirit of prophecy directed the birth of this production, it could not have brought it forth, at a more seasonable juncture, or a more necessary time. The bloody-mindedness of the one, show the necessity of pursuing the doctrine of the other. Men read by way of revenge. And the speech instead of terrifying, prepared a way for the manly principles of independence.
Ceremony, and even, silence, from whatever motive they may arise, have a hurtful tendency, when they give the least degree of countenance to base and wicked performances; wherefore, if this maxim be admitted, it naturally follows, that the king's speech, as being a piece of finished villainy, deserved, and still deserves, a general execration both by the congress and the people.
Yet as the domestic tranquility of a nation, depends greatly on the chastity of what may properly be called national manners, it is often better, to pass some things over in silent disdain, than to make use of such new methods of dislike, as might introduce the least innovation, on that guardian of our peace and safety. And perhaps, it is chiefly owing to this prudent delicacy, that the king's speech, hath not before now, suffered a public execution.
The speech if it may be called one, is nothing better than a wilful audacious libel against the truth, the common good, and the existence of mankind; and is a formal and pompous method of offering up human sacrifices to the pride of tyrants. But this general massacre of mankind, is one of the privileges, and the certain consequences of kings; for as nature knows them not, they know not her, and although they are beings of our own creating, they know not us, and are become the gods of their creators.
The speech hath one good quality, which is, that it is not calculated to deceive, neither can we, even if we would, be deceived by it. Brutality and tyranny appear on the face of it. It leaves us at no loss: And every line convinces, even in the moment of reading, that He, who hunts the woods for prey, the naked and untutored Indian, is less a savage than the king of Britain.
Sir John Dalrymple, the putative father of a whining jesuitical piece, fallaciously called, The address of the people of ENGLAND to the inhabitants of America, hath, perhaps from a vain supposition, that the people here were to be frightened at the pomp and description of a king, given,(though very unwisely on his part) the real character of the present one: "But," says this writer, "if you are inclined to pay compliments to an administration, which we do not complain of,"(meaning the Marquis of Rockingham's at the repeal of the Stamp Act) "it is very unfair in you to withhold them from that prince, by whose NOD ALONE they were permitted to do anything."
This is toryism with a witness! Here is idolatry even without a mask: And he who can calmly hear, and digest such doctrine, hath forfeited his claim to rationality an apostate from the order of manhood; and ought to be considered- as one, who hath, not only given up the proper dignity of a man, but sunk himself beneath the rank of animals, and contemptibly crawl through the world like a worm.
However, it matters very little now, what the king of England either says or does; he hath wickedly broken through every moral and human obligation, trampled nature and conscience beneath his feet; and by a steady and constitutional spirit of insolence and cruelty, procured for himself an universal hatred. It is now the interest of America to provide for herself. She hath already a large and young family, whom it is more her duty to take care of, than to be granting away her property, to support a power who is become a reproach to the names of men and Christians.
Ye, whose office it is to watch over the morals of a nation, of whatsoever sect or denomination ye are of, as well as ye, who are more immediately the guardians of the public liberty, if ye wish to preserve your native country uncontaminated by European corruption, ye must in secret wish a separation But leaving the moral part to private reflection, I shall chiefly confine my farther remarks to the following heads:
First. That it is the interest of America to be separated from Britain. Secondly. Which is the easiest and most practicable plan, reconciliation or independence? with some occasional remarks.
In support of the first, I could, if I judged it proper, produce the opinion of some of the ablest and most experienced men on this continent; and whose sentiments, on that head, are not yet publicly known. It is in reality a self-evident position: For no nation in a state of foreign dependance, limited in its commerce, and cramped and fettered in its legislative powers, can ever arrive at any material eminence.
America doth not yet know what opulence is; and although the progress which she hath made stands unparalleled in the history of other nations, it is but childhood, compared with what she would be capable of arriving at, had she, as she ought to have, the legislative powers in her own hands. England is, at this time, proudly coveting what would do her no good, were she to accomplish it; and the Continent hesitating on a matter, which will be her final ruin if neglected.
It is the commerce and not the conquest of America, by which England is to be benefited, and that would in a great measure continue, were the countries as independent of each other as \JFrance\j and \JSpain\j; because in many articles, neither can go to a better market. But it is the independence of this country on Britain or any other which is now the main and only object worthy of contention, and which, like all other truths discovered by necessity, will appear clearer and stronger every day.
First. Because it will come to that one time or other. Secondly. Because the longer it is delayed the harder it will be to accomplish.
I have frequently amused myself both in public and private companies, with silently remarking the spacious errors of those who speak without reflecting. And among the many which I have heard, the following seems the most general, viz., that had this rupture happened forty or fifty years hence, instead of now, the Continent would have been more able to have shaken off the dependance.
To which I reply, that our military ability at this time, arises from the experience gained in the last war, and which in forty or fifty years time, would have been totally extinct. The Continent, would not, by that time, have had a General, or even a military officer left; and we, or those who may succeed us, would have been as ignorant of martial matters as the ancient Indians: And this single position, closely attended to, will unanswerably prove, that the present time is preferable to all others: The argument turns thus- at the conclusion of the last war, we had experience, but wanted numbers; and forty or fifty years hence, we should have numbers, without experience; wherefore, the proper point of time, must be some particular point between the two extremes, in which a sufficiency of the former remains, and a proper increase of the latter is obtained: And that point of time is the present time.
The reader will pardon this digression, as it does not properly come under the head I first set out with, and to which I again return by the following position, viz.:
Should affairs be patched up with Britain, and she to remain the governing and sovereign power of America,(which as matters are now circumstanced, is giving up the point entirely) we shall deprive ourselves of the very means of sinking the debt we have or may contract. The value of the back lands which some of the provinces are clandestinely deprived of, by the unjust extension of the limits of Canada, valued only at five pounds sterling per hundred acres, amount to upwards of twenty-five millions, \JPennsylvania\j currency; and the quit-rents at one penny sterling per acre, to two millions yearly.
It is by the sale of those lands that the debt may be sunk, without burden to any, and the quit-rent reserved thereon, will always lessen, and in time, will wholly support the yearly expense of government. It matters not how long the debt is in paying, so that the lands when sold be applied to the discharge of it, and for the execution of which, the Congress for the time being, will be the continental trustees.
I proceed now to the second head, viz. Which is the earliest and most practicable plan, reconciliation or independence? with some occasional remarks.
He who takes nature for his guide is not easily beaten out of his argument, and on that ground, I answer generally- That INDEPENDENCE being a SINGLE SIMPLE LINE, contained within ourselves; and reconciliation, a matter exceedingly perplexed and complicated, and in which, a treacherous capricious court is to interfere, gives the answer without a doubt.
The present state of America is truly alarming to every man who is capable of reflection. Without law, without government, without any other mode of power than what is founded on, and granted by courtesy. Held together by an unexampled concurrence of sentiment, which is nevertheless subject to change, and which every secret enemy is endeavoring to dissolve. Our present condition, is, legislation without law; wisdom without a plan; a constitution without a name; and, what is strangely astonishing, perfect Independence contending for dependance.
The instance is without a precedent; the case never existed before; and who can tell what may be the event? The property of no man is secure in the present unbraced system of things. The mind of the multitude is left at random, and feeling no fixed object before them, they pursue such as fancy or opinion starts. Nothing is criminal; there is no such thing as \Jtreason\j; wherefore, every one thinks himself at liberty to act as he pleases.
The tories dared not to have assembled offensively, had they known that their lives, by that act were forfeited to the laws of the state. A line of distinction should be drawn, between English soldiers taken in battle, and inhabitants of America taken in arms. The first are prisoners, but the latter traitors. The one forfeits his liberty the other his head.
Notwithstanding our wisdom, there is a visible feebleness in some of our proceedings which gives encouragement to dissensions. The Continental Belt is too loosely buckled. And if something is not done in time, it will be too late to do any thing, and we shall fall into a state, in which, neither reconciliation nor independence will be practicable. The king and his worthless adherents are got at their old game of dividing the continent, and there are not wanting among us printers, who will be busy spreading specious falsehoods.
The artful and hypocritical letter which appeared a few months ago in two of the New York papers, and likewise in two others, is an evidence that there are men who want either judgment or honesty. It is easy getting into holes and corners and talking of reconciliation: But do such men seriously consider, how difficult the task is, and how dangerous it may prove, should the Continent divide thereon. Do they take within their view, all the various orders of men whose situation and circumstances, as well as their own, are to be considered therein.
Do they put themselves in the place of the sufferer whose all is already gone, and of the soldier, who hath quitted all for the defence of his country. If their ill judged moderation be suited to their own private situations only, regardless of others, the event will convince them, that "they are reckoning without their Host."
Put us, says some, on the footing we were in the year 1763: To which I answer, the request is not now in the power of Britain to comply with, neither will she propose it; but if it were, and even should be granted, I ask, as a reasonable question, By what means is such a corrupt and faithless court to be kept to its engagements?
Another parliament, nay, even the present, may hereafter repeal the obligation, on the pretence of its being violently obtained, or unwisely granted; and in that case, Where is our redress? No going to law with nations; cannon are the barristers of crowns; and the sword, not of justice, but of war, decides the suit.
To be on the footing of 1763, it is not sufficient, that the laws only be put on the same state, but, that our circumstances, likewise, be put on the same state; our burnt and destroyed towns repaired or built up, our private losses made good, our public debts(contracted for defence) discharged; otherwise, we shall be millions worse than we were at that enviable period. Such a request had it been complied with a year ago, would have won the heart and soul of the continent- but now it is too late, "the Rubicon is passed."
Besides the taking up arms, merely to enforce the repeal of a pecuniary law, seems as unwarrantable by the divine law, and as repugnant to human feelings, as the taking up arms to enforce obedience thereto. The object, on either side, doth not justify the ways and means; for the lives of men are too valuable to be cast away on such trifles.
It is the violence which is done and threatened to our persons; the destruction of our property by an armed force; the invasion of our country by fire and sword, which conscientiously qualifies the use of arms: And the instant, in which such a mode of defence became necessary, all subjection to Britain ought to have ceased; and the independency of America should have been considered, as dating its area from, and published by, the first \Jmusket\j that was fired against her. This line is a line of consistency; neither drawn by caprice, nor extended by ambition; but produced by a chain of events, of which the colonies were not the authors.
I shall conclude these remarks, with the following timely and well intended hints, We ought to reflect, that there are three different ways by which an independency may hereafter be effected; and that one of those three, will one day or other, be the fate of America, viz.
By the legal voice of the people in congress; by a military power; or by a mob: It may not always happen that our soldiers are citizens, and the multitude a body of reasonable men; virtue, as I have already remarked, is not hereditary, neither is it perpetual. Should an independency be brought about by the first of those means, we have every opportunity and every encouragement before us, to form the noblest, purest constitution on the face of the earth.
We have it in our power to begin the world over again. A situation, similar to the present, hath not happened since the days of Noah until now. The birthday of a new world is at hand, and a race of men perhaps as numerous as all Europe contains, are to receive their portion of freedom from the event of a few months. The reflection is awful- and in this point of view, how trifling, how ridiculous, do the little, paltry cavillings, of a few weak or interested men appear, when weighed against the business of a world.
Should we neglect the present favorable and inviting period, and an independence be hereafter effected by any other means, we must charge the consequence to ourselves, or to those rather, whose narrow and prejudiced souls, are habitually opposing the measure, without either inquiring or reflecting.
There are reasons to be given in support of Independence, which men should rather privately think of, than be publicly told of. We ought not now to be debating whether we shall be independent or not, but, anxious to accomplish it on a firm, secure, and honorable basis, and uneasy rather that it is not yet began upon. Every day convinces us of its necessity.
Even the tories(if such beings yet remain among us) should, of all men, be the most solicitous to promote it; for, as the appointment of committees at first, protected them from popular rage, so, a wise and well established form of government, will be the only certain means of continuing it securely to them. Wherefore, if they have not virtue enough to be \JWhigs\j, they ought to have prudence enough to wish for independence.
In short, independence is the only bond that can tie and keep us together. We shall then see our object, and our ears will be legally shut against the schemes of an intriguing, as well as a cruel enemy. We shall then too, be on a proper footing, to treat with Britain; for there is reason to conclude, that the pride of that court, will be less hurt by treating with the American states for terms of peace, than with those, whom she denominates, "rebellious subjects," for terms of accommodation. It is our delaying it that encourages her to hope for conquest, and our backwardness tends only to prolong the war.
As we have, without any good effect therefrom, withheld our trade to obtain a redress of our grievances, let us now try the alternative, by independently redressing them ourselves, and then offering to open the trade. The mercantile and reasonable part of England will be still with us; because, peace with trade, is preferable to war without it. And if this offer be not accepted, other courts may be applied to.
On these grounds I rest the matter. And as no offer hath yet been made to refute the doctrine contained in the former editions of this pamphlet, it is a negative proof, that either the doctrine cannot be refuted, or, that the party in favor of it are too numerous to be opposed.
Wherefore, instead of gazing at each other with suspicious or doubtful curiosity, let each of us, hold out to his neighbor the hearty hand of friendship, and unite in drawing a line, which, like an act of oblivion, shall bury in forgetfulness every former dissention. Let the names of Whig and Tory be extinct; and let none other be heard among us, than those of a good citizen, an open and resolute friend, and a virtuous supporter of the RIGHTS of MANKIND and of the FREE AND INDEPENDENT STATES OF AMERICA.
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"A Political Pamphlet By Thomas Paine (continued 6)",80,0,0,0
EPISTLE TO QUAKERS
To the Representatives of the Religious Society of the People called Quakers, or to so many of them as were concerned in publishing a late piece, entitled "THE ANCIENT TESTIMONY and PRINCIPLES of the people called QUAKERS renewed with respect to the KING and GOVERNMENT, and Touching the COMMOTIONS now prevailing in these and other parts of AMERICA, addressed to the PEOPLE IN GENERAL."
THE writer of this is one of those few, who never dishonors religion either by ridiculing, or cavilling at any denomination whatsoever. To God, and not to man, are all men accountable on the score of religion. Wherefore, this epistle is not so properly addressed to you as a religious, but as a political body, dabbling in matters, which the professed quietude of your Principles instruct you not to meddle with.
As you have, without a proper authority for so doing, put yourselves in the place of the whole body of the Quakers, so, the writer of this, in order to be on an equal rank with yourselves, is under the necessity, of putting himself in the place of all those who approve the very writings and principles, against which your testimony is directed: And he hath chosen their singular situation, in order that you might discover in him, that presumption of character which you cannot see in yourselves. For neither he nor you have any claim or title to Political Representation.
When men have departed from the right way, it is no wonder that they stumble and fall. And it is evident from the manner in which ye have managed your testimony, that politics,(as a religious body of men) is not your proper walk; for however well adapted it might appear to you, it is, nevertheless, a jumble of good and bad put unwisely together, and the conclusion drawn therefrom, both unnatural and unjust.
The two first pages,(and the whole doth not make four) we give you credit for, and expect the same civility from you, because the love and desire of peace is not confined to Quakerism, it is the natural, as well as the religious wish of all denominations of men. And on this ground, as men laboring to establish an Independent Constitution of our own, do we exceed all others in our hope, end, and aim. Our plan is peace for ever.
We are tired of contention with Britain, and can see no real end to it but in a final separation. We act consistently, because for the sake of introducing an endless and uninterrupted peace, do we bear the evils and burdens of the present day. We are endeavoring, and will steadily continue to endeavor, to separate and dissolve a connection which hath already filled our land with blood; and which, while the name of it remains, will be the fatal cause of future mischiefs to both countries.
We fight neither for revenge nor conquest; neither from pride nor passion; we are not insulting the world with our fleets and armies, nor ravaging the globe for plunder. Beneath the shade of our own vines are we attacked; in our own houses, and on our own lands, is the violence committed against us. We view our enemies in the characters of highwaymen and housebreakers, and having no defence for ourselves in the civil law; are obliged to punish them by the military one, and apply the sword, in the very case, where you have before now, applied the halter.
Perhaps we feel for the ruined and insulted sufferers in all and every part of the continent, and with a degree of tenderness which hath not yet made its way into some of your bosoms. But be ye sure that ye mistake not the cause and ground of your Testimony. Call not coldness of soul, religion; nor put the bigot in the place of the Christian.
O ye partial ministers of your own acknowledged principles! If the bearing arms be sinful, the first going to war must be more so, by all the difference between wilful attack and unavoidable defence.
Wherefore, if ye really preach from conscience, and mean not to make a political \Jhobby-horse\j of your religion, convince the world thereof, by proclaiming your doctrine to our enemies, for they likewise bear ARMS. Give us proof of your sincerity by publishing it at St. James's, to the commanders in chief at \JBoston\j, to the admirals and captains who are practically ravaging our coasts, and to all the murdering miscreants who are acting in authority under HIM whom ye profess to serve.
Had ye the honest soul of Barclay* ye would preach repentance to your king; Ye would tell the royal tyrant of his sins, and warn him of eternal ruin. Ye would not spend your partial invectives against the injured and the insulted only, but like faithful ministers, would cry aloud and spare none. Say not that ye are persecuted, neither endeavor to make us the authors of that reproach, which, ye are bringing upon yourselves; for we testify unto all men, that we do not complain against you because ye are Quakers, but because ye pretend to be and are NOT Quakers.
*"Thou hast tasted of prosperity and adversity; thou knowest what it is to be banished thy native country, to be overruled as well as to rule, and set upon the throne; and being oppressed thou hast reason to know now hateful the oppressor is both to God and man.
If after all these warnings and advertisements, thou dost not turn unto the Lord with all thy heart, but forget him who remembered thee in thy distress, and give up thyself to follow lust and vanity, surely great will be thy condemnation.
Against which snare, as well as the temptation of those who may or do feed thee, and prompt thee to evil, the most excellent and prevalent remedy will be, to apply thyself to that light of Christ which shineth in thy conscience and which neither can, nor will flatter thee, nor suffer thee to be at ease in thy sins."- Barclay's Address to Charles II.
Alas! it seems by the particular tendency of some part of your Testimony, and other parts of your conduct, as if all sin was reduced to, and comprehended in the act of bearing arms, and that by the people only. Ye appear to us, to have mistaken party for conscience, because the general tenor of your actions wants uniformity: And it is exceedingly difficult to us to give credit to many of your pretended scruples; because we see them made by the same men, who, in the very instant that they are exclaiming against the mammon of this world, are nevertheless, hunting after it with a step as steady as Time, and an appetite as keen as Death.
The quotation which ye have made from Proverbs, in the third page of your testimony, that, "when a man's ways please the Lord, he maketh even his enemies to be at peace with him;" is very unwisely chosen on your part; because it amounts to a proof, that the king's ways(whom ye are so desirous of supporting) do not please the Lord, otherwise, his reign would be in peace.
I now proceed to the latter part of your testimony, and that, for which all the foregoing seems only an introduction, viz:
"It hath ever been our judgment and principle, since we were called to profess the light of Christ Jesus, manifested in our consciences unto this day, that the setting up and putting down kings and governments, is God's peculiar prerogative; for causes best known to himself: And that it is not our business to have any hand or contrivance therein; nor to be busy-bodies above our station, much less to plot and contrive the ruin, or overturn any of them, but to pray for the king, and safety of our nation, and good of all men: that we may live a peaceable and quiet life, in all goodliness and honesty; under the government which God is pleased to set over us."
If these are really your principles why do ye not abide by them? Why do ye not leave that, which ye call God's work, to be managed by himself? These very principles instruct you to wait with patience and humility, for the event of all public measures, and to receive that event as the divine will towards you. Wherefore, what occasion is there for your political Testimony if you fully believe what it contains? And the very publishing it proves, that either, ye do not believe what ye profess, or have not virtue enough to practice what ye believe.
The principles of Quakerism have a direct tendency to make a man the quiet and inoffensive subject of any, and every government which is set over him. And if the setting up and putting down of kings and governments is God's peculiar prerogative, he most certainly will not be robbed thereof by us; wherefore, the principle itself leads you to approve of every thing, which ever happened, or may happen to kings as being his work. Oliver Cromwell thanks you. Charles, then, died not by the hands of man; and should the present proud imitator of him, come to the same untimely end, the writers and publishers of the Testimony, are bound by the doctrine it contains, to applaud the fact.
Kings are not taken away by miracles, neither are changes in governments brought about by any other means than such as are common and human; and such as we are now using. Even the dispersing of the Jews, though foretold by our Savior, was effected by arms.
Wherefore, as ye refuse to be the means on one side, ye ought not to be meddlers on the other; but to wait the issue in silence; and unless you can produce divine authority, to prove, that the Almighty who hath created and placed this new world, at the greatest distance it could possibly stand, east and west, from every part of the old, doth, nevertheless, disapprove of its being independent of the corrupt and abandoned court of Britain; unless I say, ye can show this, how can ye, on the ground of your principles, justify the exciting and stirring up of the people "firmly to unite in the abhorrence of all such writings, and measures, as evidence a desire and design to break off the happy connection we have hitherto enjoyed, with the kingdom of Great Britain, and our just and necessary subordination to the king, and those who are lawfully placed in authority under him."
What a slap in the face is here! the men, who, in the very paragraph before, have quietly and passively resigned up the ordering, altering, and disposal of kings and governments, into the hands of God, are now recalling their principles, and putting in for a share of the business. Is it possible, that the conclusion, which is here justly quoted, can any ways follow from the doctrine laid down? The inconsistency is too glaring not to be seen; the absurdity too great not to be laughed at; and such as could only have been made by those, whose understandings were darkened by the narrow and crabby spirit of a despairing political party; for ye are not to be considered as the whole body of the Quakers but only as a factional and fractional part thereof.
Here ends the examination of your testimony;(which I call upon no man to abhor, as ye have done, but only to read and judge of fairly;) to which I subjoin the following remark; "That the setting up and putting down of kings," most certainly mean, the making him a king, who is yet not so, and the making him no king who is already one.
And pray what hath this to do in the present case? We neither mean to set up nor to put down, neither to make nor to unmake, but to have nothing to do with them. Wherefore your testimony in whatever light it is viewed serves only to dishonor your judgment, and for many other reasons had better have been let alone than published.
First. Because it tends to the decrease and reproach of religion whatever, and is of the utmost danger to society, to make it a party in political disputes. Secondly. Because it exhibits a body of men, numbers of whom disavow the publishing political testimonies, as being concerned therein and approvers thereof. Thirdly.
Because it hath a tendency to undo that continental harmony and friendship which yourselves by your late liberal and charitable donations hath lent a hand to establish; and the preservation of which, is of the utmost consequence to us all.
And here, without anger or resentment I bid you farewell. Sincerely wishing, that as men and Christians, ye may always fully and uninterruptedly enjoy every civil and religious right; and be, in your turn, the means of securing it to others; but that the example which ye have unwisely set, of mingling religion with politics, may be disavowed and reprobated by every inhabitant of America.
-THE END-
Source: Common Sense, by Thomas Paine, printed by W. and T. Bradford, Philadelphia, 1791.
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"Charles Inglis, The True Interest of America Impartially Stated (1776)",81,0,0,0
Note I think it no difficult matter to point out many advantages which will certainly attend our reconciliation and connection with Great-Britain, on a firm, constitutional plan. I shall select a few of these; and that their importance may be more clearly discerned, I shall afterwards point out some of the evils which inevitably must attend our separating from Britain, and declaring for independency. On each article I shall study brevity.
1.By a reconciliation with Britain, a period would be put to the present calamitous war, by which so many lives have been lost, and so many more must be lost, if it continues. This alone is an advantage devoutly to he wished for. This author says- "The blood of the slain, the weeping voice of nature cries, Tis time to part." I think they cry just the reverse. The blood of the slain, the weeping voice of nature cries-It is time to be reconciled; it is time to lay aside those animosities which have pushed on Britons to shed the blood of Britons; it is high time that those who are connected by the endearing ties of religion, kindred and country, should resume their former friendship, and be united in the bond of mutual affection, as their interests are inseparably united.
2.By a Reconciliation with Great-Britain, Peace - that fairest offspring and gift of Heaven - will be restored. In one respect Peace is like health; we do not sufficiently know its value but by its absence. What uneasiness and anxiety, what evils, has this short interruption of peace with the parent-state, brought on the whole British empire! Let every man only consult his feelings - I except my antagonist - and it will require no great force of \Jrhetoric\j to convince him, that a removal of those evils, and a restoration of peace, would be a singular advantage and blessing.
3.Agriculture, commerce, and industry would resume their wonted vigor. At present, they languish and droop, both here and in Britain; and must continue to do so, while this unhappy contest remains unsettled.
4.By a connection with Great-Britain, our trade would still have the protection of the greatest naval power in the world. England has the advantage, in this respect, of every other state, whether of ancient or modern times. Her insular situation, her nurseries for seamen, the superiority of those seamen above others-these circumstances to mention no other, combine to make her the first maritime power in the universe---such exactly is the power whose protection we want for our commerce. To suppose, with our author, that we should have no war, were we to revolt from England, is too absurd to deserve a confutation. I could just as soon set about refuting the reveries of some brain-sick enthusiast. Past experience shews that Britain is able to defend our commerce, and our coasts; and we have no reason to doubt of her being able to do so for the future.
5.The protection of our trade, while connected with Britain, will not cost a fiftieth part of what it must cost, were we ourselves to ralse a naval force sufficient for this purpose.
6.Whilst connected with Great-Britain, we have a bounty on almost every article of exportation; and we may be better supplied with goods by her, than we could elsewhere. What our author says is true; "that our imported goods must be paid for, buy them where we will",; but we may buy them dearer, and of worse quality, in one place than another. The manufactures of Great-Britain confessedly surpass any in the world - particularly those in every kind of metal, which we want most; and no country can afford linens and woollens, of equal quality cheaper.
7.When a Reconciliation is effected, and things return into the old channel, a few years of peace will restore everything to its pristine state. Emigrants will flow in as usual from the different parts of Europe. Population will advance with the same rapid progress as formerly, and our lands will rise in value.
These advantages are not imaginary but real. They are such as we have already experienced; and such as we may derive from a connection with Great Britain for ages to come. Each of these might easily be enlarged on, and others added to them; but I only mean to suggest a few hints to the reader.
Let us now, if you please, take a view of the other side of the question. Suppose we were to revolt from Great-Britain, declare ourselves Independent, and set up a Republic of our own-what would be the consequence? - I stand aghast at the prospect - my blood runs chill when I think of the calamities, the complicated evils that must ensue, and may be clearly foreseen - it is impossible for any man to foresee them all. . .
1.All our property throughout the continent would be unhinged; the greatest confusion, and most violent convulsions would take place. It would not he here, as it was in England at the Revolution in 1688. That revolution was not brought about by an defiance or disannulling the right of succession. James II, by abdicating the throne, left it vacant for the next in succession; accordingly his eldest daughter and her husband stept in.
Every other matter went on in the usual, regular way; and the constitution, instead of being dissolved, was strengthened. But in case of our revolt, the old constitution would be totally subverted. The common bond that tied us together, and by which our property was secured, would be snapt asunder. It is not to be doubted but our Congress would endeavor to apply some remedy for those evils; but with all deference to that respectable body, I do not apprehend that any remedy in their power would be adequate, at least for some time. I do not chuse to be more explicit; but l am able to support my opinion.
2.What a horrid situation would thousands be reduced to who have taken the oath of allegiance to the King: yet contrary to their oath, as well as inclination, must be compelled to renounce that allegiance, or abandon all their property in America! How many thousands more would be reduced to a similar situation; who, although they took not that oath, yet would think it inconsistent with their duty and a good conscience to renounce their Sovereign; I dare say these will appear trifling difficulties to our author; but whatever he may think, there are thousands and thousands who would sooner lose all they had in the world, nay life itself, than thus wound their conscience. A Declaration of Independency would infallibiy disunite and divide the colonists.
3.By a Declaration for Independency, every avenue to an accommodation with Great-Britain would be closed; the sword only could then decide the quarrel; and the sword would not be sheathed till one had conquered the other.
The importance of these colonies to Britain need not be enlarged on, it is a thing so universally known. The greater their importance is to her, so much the more obstinate will her struggle be not to lose them. The independency of America would, in the end, deprive her of the West-Indies, shake her empire to the foundation, and reduce her to a state of the most mortifying insignificance. Great-Britain therefore must, for her own preservation, risk every thing, and exert her whole strength, to prevent such an event from taking place. This being the case ---
4.Devastation and ruin must mark the progress of this war along the sea coast of America. Hitherto, Britain has not exerted her power. Her number of troops and ships of war here at present, is very little more than she judged expedient in time of peace - the former does not amount to 12,000 men - nor the latter to 40 ships, including frigates. Both she, and the colonies, hoped for and expected an accommodation; neither of them has lost sight of that desirable object.
The seas have been open to our ships; and although some skirmishes have unfortunately had pened, yet a ray of hope still cheered both sides that, peace was not distant. But as soon as we declare for independency, every prospect of this kind must vanish. Ruthless war, with all its aggravated horrors, will ravage our once happy land-our seacoasts and ports will be ruined, and our ships taken. Torrents of blood will be split, and thousands reduced to beggary and wretchedness.
This melancholy contest would last till one side conquered. Supposing Britain to be victorious; however high my opinion is of British Generosity, I should be exceedingly sorry to receive terms from her in the haughty tone of a conqueror. Or supposing such a failure of her manufactures, commerce and strength, that victory should incline to the side of America; yet who can say in that case, what extremities her sense of resentment and self-preservation will drive Great-Britain to?
For my part, I should not in the least be surprized, if on such a prospect as the Independency of America, she would parcel out this continent to the different European Powers. Canada might be restored to \JFrance\j, \JFlorida\j to \JSpain\j, with additions to each-other states also might come in for a portion. Let no man think this chimerical or improbable.
The independency of America would be so fatal to Britain, that she would leave nothing in her power undone to prevent it. I believe as firmly as I do my own existence, that if every other method failed, she would try some such expedient as this, to disconcert our scheme of independency; and let any man figure to himself the situation of these British colonies, if only Canada were restored to France!
5.But supposing once more that we were able to cut off every regiment that Britain can spare or hire, and to destroy every ship she can send - that we could beat off any other European power that would presume to intrude upon this continent: Yet, a republican form of government would neither suit the genius of the people, nor the extent of America.
In nothing is the wisdom of a legislator more conspicuous than in adapting his government to the genius, manners, disposition and other circumstances of the people with whom he is concerned. If this important point is overlooked, confusion will ensue; his system will sink into neglect and ruin.
Whatever check or barriers may be interposed, nature will always surmount them, and finally prevail. It was chiefly by attention to this circumstance, that Lycurgus and Solon were so much celebrated; and that their respective republics rose afterwards to such eminence, and acquired such stability.
The Americans are properly Britons. They have the manners, habits, and ideas of Britons; and have been accustomed to a similar form of government. But Britons never could bear the extremes, either of monarchy or republicanism. Some of their Kings have aimed at despotism; but always failed. Repeated efforts have been made towards democracy, and they equally failed.
Once indeed republicanism triumphed over the constitution; the despotism of one person ensued; both were finally expelled. The inhabitants of Great-Britain were quite anxious for the restoration of royalty in 1660, as they were for its expulsion in 1642, and for some succeeding years. If we may judge of future events by past transactions, in similar circumstances, this would most probably be the case if America, were a republican form of government adopted in our present ferment.
After much blood was shed, those confusions would terminate in the despotism of some one successful adventurer; and should the Americans be so fortunate as to emancipate themselves from that thraldom, perhaps the whole would end in a limited monarchy, after shedding as much more blood. Limited monarchy is the form of government which is most favourable to liberty - which is best adapted to the genius and temper of Britons; although here and there among us a crack-brained zealot for democracy or absolute monarchy, may be sometimes found.
Besides the unsuitableness of the republican form to the genius of the people, America is too extensive for it. That form may do well enough for a single city, or small territory; but would be utterly improper for such a continent as this. America is too unwieldy for the feeble, dilatory administration of democracy.
Rome had the most extensive dominions of any ancient republic. But it should be remembered, that very soon after the spirit of conquest carried the Romans beyond the limits that were proportioned to their constitution, they fell under a despotic yoke. A very few years had elapsed from the time of their conquering \JGreece\j and first entering Asia, till the battle of Pharsalia, where Julius Caesar put an end to the liberties of his country. .
But here it may be said - That all the evils above specified, are more tolerable than \Jslavery\j. With this sentiment I sincerely agree - any hardships, however great, are preferable to \Jslavery\j. But then I ask, is there no other alternative in the present case? Is there no choice left us but \Jslavery\j, or those evils? I am confident there is; and that both may be equally avoided.
Let us only shew a disposition to treat or negociate in earnest - let us fall upon some method to set a treaty or negociation with Great Britain on foot; and if once properly begun, there is moral certainty that this unhappy dispute will be settled to the mutual satisfaction and interest of both countries. For my part, I have not the least doubt about it. .
But a Declaration for Independency on the part of America, would preclude treaty intirely; and could answer no good purpose. We actually have already every advantage of Independency, without its inconveniences. By a Declaration of Independency, we should instantly lose all assistance from our friends in England. It would stop their mouths; for were they to say any thing in our favour, they would be deemed rebels, and treated accordingly.
Our author is much elated with the prospect of foreign succour, if we once declare ourselves Independent; and from thence promiseth us mighty matters. This, no doubt, is intended to spirit up the desponding - all who might shrink at the thought of America encountering, singly and unsupported, the whole strength of Great-Britain. I believe in my conscience, that he is as much mistaken in this, as in any thing else; and that this expectation is delusive, vain and fallacious. My reasons are these, and I submit them to the reader's judgment.
The only European power from which we can possibly receive assistance, is \JFrance\j. But \JFrance\j is now at peace with Great-Britain; and is it possible that \JFrance\j would interrupt that peace, and hazard a war with the power which lately reduced her so low, from a disinterested motive of aiding and protecting these Colonies?
It is well known that some of the French and Spanish Colonists, not long since, offered to put themselves under the protection of England, and declare themselves Independent of \JFrance\j and \JSpain\j; but England rejected both offers. The example would be rather dangerous to states that have colonies - to none could it be more so than to \JFrance\j and \JSpain\j, who have so many and such extensive colonies.
"The practice of courts are as much against us" in this, as in the instance our author mentions. Can any one imagine, that because we declared ourselves Independent of England, \JFrance\j would therefore consider us as really Independent! And before England had acquiesced, or made any effort worth mentioning to reduce us?
Or can any one be so weak as to think, that \JFrance\j would run the risque of a war with England, unless she (France) were sure of some extraordinary advantage by it, in having the colonies under her immediate jurisdiction? If England will not protect us for our trade, surely \JFrance\j will not. . .
America is far from being yet in a desperate situation. I am confident she may obtain honourable and advantageous terms from Great-Britain. A few years of peace will soon retrieve all her losses. She will rapidly advance to a state of maturity, whereby she may not only repay the parent state amply for all past benefits; but also lay under the greatest obligations. . .
However distant humanity may wish the period; yet, in the rotation of human affairs, a period may arrive, when (both countries being prepared for it) some terrible disaster, some dreadful convulsion in Great-Britain, may transfer the seat of empire to this western hemisphere - where the British constitution, like the Phoenix from its parent's ashes, shall rise with youthful vigour and shine with redoubled splendor.
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"Letter of George Washington to John Hancock (September 24, 1776)",82,0,0,0
TO THE PRESIDENT OF CONGRESS,
Colonel Morris's, on the Heights of Harlem, September 24, 1776.
Sir: From the hours allotted to Sleep, I will borrow a few Moments to convey my thoughts on sundry important matters to Congress. I shall offer them, with that sincerity which ought to characterize a man of candour; and with the freedom which may be used in giving useful information, without incurring the imputation of presumption.
We are now as it were, upon the eve of another dissolution of our Army; the remembrance of the difficulties which happened upon that occasion last year, the consequences which might have followed the change, if proper advantages had been taken by the Enemy; added to a knowledge of the present temper and Situation of the Troops, reflect but a very gloomy prospect upon the appearance of things now, and satisfie me, beyond the possibility of doubt, that unless some speedy, and effectual measures are adopted by Congress, our cause will be lost.
It is in vain to expect, that any (or more than a trifling) part of this Army will again engage in the Service on the encouragement offered by Congress. When Men find that their Townsmen and Companions are receiving 20, 30, and more Dollars, for a few Months Service, (which is truely the case) it cannot be expected; without using compulsion; and to force them into the Service would answer no valuable purpose.
When Men are irritated, and the Passions inflamed, they fly hastely and chearfully to Arms; but after the first emotions are over, to expect, among such People, as compose the bulk of an Army, that they are influenced by any other principles than those of Interest, is to look for what never did, and I fear never will happen; the Congress will deceive themselves therefore if they expect it.
A Soldier reasoned with upon the goodness of the cause he is engaged in, and the inestimable rights he is contending for, hears you with patience, and acknowledges the truth of your observations, but adds, that it is of no more Importance to him than others. The Officer makes you the same reply, with this further remark, that his pay will not support him, and he cannot ruin himself and Family to serve his Country, when every Member of the community is equally Interested and benefitted by his Labours.
The few therefore, who act upon Principles of disinterestedness, are, comparatively speaking, no more than a drop in the Ocean. It becomes evidently clear then, that as this Contest is not likely to be the Work of a day; as the War must be carried on systematically, and to do it, you must have good Officers, there are, in my Judgment, no other possible means to obtain them but by establishing your Army upon a permanent footing; and giving your Officers good pay; this will induce Gentlemen, and Men of Character to engage; and till the bulk of your Officers are composed of such persons as are actuated by Principles of honour, and a spirit of enterprize, you have little to expect from them.-They ought to have such allowances as will enable them to live like, and support the Characters of Gentlemen; and not be driven by a scanty pittance to the low, and dirty arts which many of them practice, to filch the Public of more than the difference of pay would amount to upon an ample allowe. Besides, something is due to the Man who puts his life in his hands, hazards his health, and forsakes the Sweets of domestic enjoyments.
Why a Captn. in the Continental Service should receive no more than 51. Curry per day, for performing the same duties that an officer of the same Rank in the British Service receives 101. Sterlg. for, I never could conceive; especially when the latter is provided with every necessary he requires, upon the best terms, and the former can scarce procure them, at any Rate. There is nothing that gives a Man consequence, and renders him fit for Command, like a support that renders him Independant of every body but the State he Serves.
With respect to the Men, nothing but a good bounty can obtain them upon a permanent establishment; and for no shorter time than the continuance of the War, ought they to be engaged; as Facts incontestibly prove, that the difficulty, and cost of Inlistments, increase with time.
When the Army was first raised at Cambridge, I am persuaded the Men might have been got without a bounty for the War: after this, they began to see that the Contest was not likely to end so speedily as was immagined, and to feel their consequence, by remarking, that to get the Militia In, in the course of last year, many Towns were induced to give them a bounty.
Foreseeing the Evils resulting from this, and the destructive consequences which unavoidably would follow short Inlistments, I took the Liberty in a long Letter, written by myself (date not now recollected, as my Letter Book is not here) to recommend the InIistments for and during the War; assigning such Reasons for it, as experience has since convinced me were well founded.
At that time twenty Dollars would, I am persuaded, have engaged the Men for this term. But it will not do to look back, and if the present opportunity is slip'd, I am perswaded that twelve months more will Increase our difficulties fourfold. I shall therefore take the freedom of giving it as my opinion, that a good Bounty be immediately offered, aided by the proffer of at least 100, or 150 Acres of Land and a suit of Cloaths and Blankt, to each non-Comd. Officer and Soldier; as I have good authority for saying, that however high the Men's pay may appear, it is barely sufficient in the present scarcity and dearness of all kinds of goods, to keep them in Cloaths, much less afford support to their Families.
If this encouragement then is given to the Men, and such Pay allowed the Officers as will induce Gentlemen of Character and liberal Sentiments to engage; and proper care and precaution are used in the nomination (having more regard to the Characters of Persons, than the Number of Men they can InIist) we should in a little time have an Army able to cope with any that can be opposed to it, as there are excellent Materials to form one out of: but while the only merit an Officer possesses is his ability to raise Men; while those Men consider, and treat him as an equal; and (in the Character of an Officer) regard him no more than a broomstick, being mixed together as one common herd; no order, nor no discipline can prevail; nor will the Officer ever meet with that respect which is essentially necessary to due subordination.
To place any dependance upon Militia, is, assuredly, resting upon a broken staff. Men just dragged from the tender Scenes of domestick life; unaccustomed to the din of Arms; totally unacquainted with every kind of Military skill, which being followed by a want of confidence in themselves, when opposed to Troops regulary train'd, disciplined, and appointed, superior in knowledge, and superior in Arms, makes them timid, and ready to fly from their own shadows.
Besides, the sudden change in their manner of living, (particularly in the lodging) brings on sickness in many; impatience in all, and such an unconquerable desire of returning to their respective homes that it not only produces shameful, and scandalous Desertions among themselves, but infuses the like spirit in others.
Again, Men accustomed to unbounded freedom, and no controul, cannot brook the Restraint which is indispensably necessary to the good order and Government of an Army; without which, licentiousness, and every kind of disorder triumpantly reign. To bring Men to a proper degree of Subordination, is not the work of a day, a Month or even a year; and unhappily for us, and the cause we are Engaged in, the little discipline I have been labouring to establish in the Army under my immediate Command, is in a manner done away by having such a mixture of Troops as have been called together within these few Months.
Relaxed, and unfit, as our Rules and Regulations of War are, for the Government of an Army, the Militia (those properly so called, for of these we have two sorts, the Six Months Men and those sent in as a temporary aid) do not think themselves subject to `em, and therefore take liberties, which the Soldier is punished for; this creates jealousy; jealousy begets dissatisfaction, and these by degrees ripen into Mutiny; keeping the whole Army in a confused, and disordered State; rendering the time of those who wish to see regularity and good Order prevail more unhappy than Words can describe. Besides this, such repeated changes take place, that all arrangement is set at nought, and the constant fluctuation of things, deranges every plan, as fast as adopted.
These Sir, Congress may be assured, are but a small part of the Inconveniences which might be enumerated and attributed to Militia; but there is one that merits particular attention, and that is the expence. Certain I am, that it would be cheaper to keep 50, or 100,000 Men in constant pay than to depend upon half the number, and supply the other half occasionally by Militia.
The time the latter is in pay before and after they are in Camp, assembling and Marching; the waste of Ammunition; the consumption of Stores, which in spite of every Resolution, and requisition of Congress they must be furnished with, or sent home, added to other incidental expences consequent upon their coming, and conduct in Camp, surpasses all Idea, and destroys every kind of regularity and economy which you could establish among fixed and Settled Troops; and will, in my opinion prove (if the scheme is adhered to) the Ruin of our Cause.
The Jealousies of a standing Army, and the Evils to be apprehended from one, are remote; and in my judgment, situated and circumstanced as we are, not at all to be dreaded; but the consequence of wanting one, according to my Ideas, formed from the present view of things, is certain, and inevitable Ruin; for if I was called upon to declare upon Oath, whether the Militia have been most serviceable or hurtful upon the whole; I should subscribe to the latter.
I do not mean by this however to arraign the Conduct of Congress, in so doing I should equally condemn my own measures, (if I did not my judgment); but experience, which is the best criterion to work by, so fully, clearly, and decisively reprobates the practice of trusting to Militia, that no Man who regards order, regularity, and (e]conomy; or who has any regard for his own honour, Character, or peace of Mind, will risk them upon this Issue.
Another matter highly worthy of attention, is, that other Rules and Regulation's may be adopted for the Government of the Army than those now in existence, otherwise the Army, but for the name, might as well be disbanded. For the most attrocious offences, (one or two Instances only excepted) a Man receives no more than 39 Lashes; and these perhaps (thro' the collusion of the Officer who is to see it inflicted), are given in such a manner as to become rather a matter of sport than punishment; but when inflicted as they ought, many hardend fellows who have been the Subjects, have declared that for a bottle of Rum they would undergo a Second operation; it is evident therefore that this punishment is inadequate to many Crimes it is assigned to, as a proof of it, thirty and 40 Soldiers will desert at a time; and of late, a practice prevails, (as you will see by my Letter of the 22d) of the most alarming nature; and which will, if it cannot be checked, prove fatal both to the Country and Army; I mean the infamous practice of Plundering, for under the Idea of Tory property, or property which may fall into the hands of the Enemy, no Man is secure in his effects, and scarcely in his Person; for in order to get at them, we have several Instances of People being frightened out of their Houses under pretence of those Houses being ordered to be burnt, and this is done with a view of siezing the Goods; nay, in order that the villany may be more effectually concealed, some Houses have actually been burnt to cover the theft.
I have with some others, used my utmost endeavours to stop this horrid practice, but under the present lust after plunder, and want of Laws to punish Offenders, I might almost as well attempt to remove Mouth Atlas.-I have ordered instant corporal Punishment upon every Man who passes our Lines, or is seen with Plunder, that the Offenders might be punished for disobedience of Orders; and Inclose you the proceedings of a Court Martial held upon an Officer, who with a Party of Men had robbd a House a little beyond our Lines of a Number of valuable Goods; among which (to shew that nothing escapes) were four large Pier looking Glasses, Women's Cloaths, and other Articles which one would think, could be of no Earthly use to him.
He was met by a Major of Brigade who ordered him to return the Goods, as taken contrary to Genl. Orders, which he not only peremptorily refused to do, but drew up his Party and swore he would defend them at the hazard of his Life; on which I ordered him to be arrested, and tryed for Plundering, Disobedience of Orders, and Mutiny
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"Virginia Declaration of Rights (June 12,1776), The",83,0,0,0
I - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
II - That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
III - That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation or community; of all the various modes and forms of government that is best, which is capable of producing the greatest degree of happiness and safety and is most effectually secured against the danger of maladministration; and that, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal.
IV - That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge be hereditary.
V - That the legislative and executive powers of the state should be separate and distinct from the judicative; and, that the members of the two first may be restrained from oppression by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct.
VI - That elections of members to serve as representatives of the people in assembly ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good.
VII - That all power of suspending laws, or the execution of laws, by any authority without consent of the representatives of the people is injurious to their rights and ought not to be exercised.
VIII - That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land or the judgement of his peers.
IX - That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.
X - That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted.
XI - That in controversies respecting property and in suits between man and man, the ancient trial by jury is preferable to any other and ought to be held sacred.
XII - That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained but by despotic governments.
XIII - That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and be governed by, the civil power.
XIV - That the people have a right to uniform government; and therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof.
XV - That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles.
XVI - That religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed by reason and conviction, not by force or violence; and therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other.
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"Jefferson's Draft of the Declaration of Independence",84,0,0,0
The rough draft of the Declaration of Independence
as it probably read when Jefferson submitted it for corrections
In the original text there are some changes: these are indicated by [ ..... ]. Most of these changes seem to be by Jefferson himself, but some of these are in a handwriting that resembles that of Adams.
A Declaration by the Representatives of United States of America, in General Congress Assembled
When, in the course of human events, it becomes necessary for a people to advance from that subordination in which they have hitherto remained, and to assume among the powers of the earth, the equal and independent 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 change
We hold these truths to be [sacred and undeniable] selfevident, that all men are created equal and independent; that from that equal creation they derive in rights inherent and inalienables, among which are the preservation of life, and liberty and the pursuit of happiness; that to secure these ends, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government shall become destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing it's powers in such form, as to them shall seem most likely to effect their safety and happiness.
prudence, indeed, will dictate that governments long established should not be changed for light and transient causes: and accordingly all experience hath shewn that mankind are more disposed to suffer while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. but when a long train of abuses and usurpations, begun at a distinguished period, and pursuing invariably the same object evinces a design to [subject] reduce them to arbitrary power, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.
Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to expunge their former systems of government. the history of his present majesty is a history of unremitting injuries and usurpations, among which no fact stands single or solitary to contradict the uniform tenor of the rest, all of which have in direct object the establishment of an absolute tyranny over these states. to prove this, let facts be submitted to a candid world, for the truth of which we pledge a faith yet unsullied by falsehood.
He has refused his assent to laws, the most wholesome and necessary for the public good:
He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has neglected utterly to attend to them.
He has refused to pass other laws for the accommodation of large districts of people unless those people would relinquish the right of representation [in the legislature], a right inestimable to them and formidable to tyrants only:
He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
[he has dissolved]he has refused for a long space of time, 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 meantime exposed to all the dangers of invasion from without, and convulsions within:
he has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands:
he has suffered the administration of justice totally to cease in some of these colonies, refusing his assent to laws for establishing judiciary powers:
he has made our judges dependent on his will alone, for the tenure of their offices, and the amount of their salaries.
he has erected a multitude of new offices by a self-assumed power, and sent hither swarms of officers to harrass our people, and eat out their substance.
he has kept among us, in times of peace, standing armies and ships of war:
he has affected to render the military, independent of and superior to civil power:
he has combined with others to subject us to a \Jjurisdiction\j foreign to our constitutions, and unacknowledged by our laws; giving his assent to their pretended acts of legislation, for quartering large bodies of armed troops among us;
for protecting them, by mock trial, from punishment for any murders [which] they should commit on the inhabitants 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 of the benefits of trial by jury;
for transporting us beyond seas to be tried for pretended offenses;
for taking away our charters, and altering fundamentally the forms of our governments;
for suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever;
he has abdicated government here, withdrawing his governors, and declaring us out of his alegiance and protection;
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 compleat the works of death, desolation and tyranny, already begun with circumstances of cruelty and perfidy unworthy the head of a civilized nation:
he has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions of existence:
he has incited treasonable insurrections of our fellow citizens with the allurements of forfeiture and confiscation of our property:
he has waged cruel war against human nature itself, violating it's most sacred rights of life and liberty in the persons of a distant people who never offended him, captivating and carrying them into \Jslavery\j in another hemispere, or to incure miserable death in their transportation hither. this piratical warfare, the opprobium of infidel powers, is the warfare of the Christian king of Great Britain. [determined to keep open a market where MEN should be bought and sold,] he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commerce [determining to keep open a market where MEN should be bought and sold]: and that this assemblage of horrors might want no fact of distinguished die, he is now exciting those very people to rise in arms among us, and to purchase that liberty of which he had deprived them, by murdering the people upon whom he also obtruded them: thus paying off former crimes committed against the liberties of one people, with crimes which he urges them to commit against the lives of another.
in every stage of these oppressions we have petitioned for redress in the most humble terms: 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 people who mean to be free. future ages will scarce believe that the hardiness of one man, adventured within the short compass of twelve years only, on so many acts of tyranny without a mask, over a people fostered and fixed in principles of liberty.
Nor have we been wanting in attention to our British brethren. we have warned them from time to time of attempts by their legislature to extend an unwarrantable \Jjurisdiction\j over these our states. we have reminded them of the circumstances of our emigration and settlement here, no one of which could warrant so strange a pretension: that these were effected at the expence of our own blood and treasure, unassisted by the wealth or the strength of Great Britain: that in constituing indeed our several forms of government, we had adopted one common king, thereby laying a foundation for perpetual league and amity with them: but that submission to their parliament was no part of our constitution, nor ever in idea, if history may be credited: and we appealed to their native justice and magnanimity, as well as to the ties of our common kindred to disavow these usurpations, which were likely to interrupt our correspondence and connections. they too have been deaf to the voice of justice and of consanguinity, and when occasions have been given them, by the regular course of their laws, of removing from their councils the disturbers of our harmony, they have by their free election re-established them in power. at this very time too they are permitting their chief magistrate to send over not only soldiers of our common blood, but Scotch and foreign mercenaries to invade and deluge us in blood. these facts have given the last stab to agonizing affection, and manly spirit bids us to renounce forever these unfeeling brethren.
We must endeavor to forget our former love for them, and hold them, as we hold the rest of mankind, enemies in war, in peace friends. we might have been a free and a great people together; but a communication of grandeur and of freedom it seems is below their dignity. be it so, since they will have it: the road to [glory and] happiness [and to glory] is open to us too; we will climb it apart from them [in a seperate state] and acquiesce in the necessity which denounces [pronounces][ our [everlasting Adieu!] eternal separation!
We, therefore, the representatives of the United States of America, in General Congress, assembled do , in the name, and by the authority of the good people of these states, reject and renounce the allegiance and subjection to the kinds of Great Britain and all others whe may herafter claim by, through, or under them; we utterly dissolve and break off all political connection which may have heretofore subsisted between us and the people or parliament of Great Britain; and finally we do assert and declare these colonies to be free and independent states, and that as free and independent states they shall herafter have [full] power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration we mutually pledge to each other our lives, our fortunes and our sacred honor.
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#
"Declaration of Independence (July 4, 1776), The",85,0,0,0
Here is the complete text of the Declaration of Independence. The original spelling and capitalization has been retained.
(Adopted by Congress on July 4, 1776)
The Unanimous Declaration of the Thirteen United States of America
When, in the course of human events, it becomes necessary for one people to dissolve the political bonds 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 separation.
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 form the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.
Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience 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 usurpations, 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 necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world.
He has refused his assent to laws, the most wholesome and necessary for the public good.
He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, 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 opposing with manly firmness his invasions on the rights 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 meantime exposed to all the dangers of invasion from without, and convulsions within.
He has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.
He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.
He has made judges dependent on his will alone, for the 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 substance.
He has kept among us, in times of peace, standing armies without the consent of our legislature.
He has affected to render the military independent of and superior to civil power.
He has combined with others to subject us to a \Jjurisdiction\j foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation:
For quartering large bodies of armed troops among us:
For protecting them, by mock trial, from punishment for any murders which they should commit on the inhabitants 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:
For transporting us beyond seas to be tried for pretended offenses:
For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule in these colonies:
For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments:
For suspending our own legislatures, and declaring themselves 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, burned 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 paralleled 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 rule of warfare, is undistinguished destruction of all ages, sexes and conditions.
In every stage of these oppressions we have petitioned for redress in the most humble terms: 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 attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable \Jjurisdiction\j over us. We have reminded them of the circumstances of our emigration and settlement here.
We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of mankind, enemies 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 rectitude 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 political 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, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.
New Hampshire: Josiah Bartlett, William Whipple, Matthew Thornton
Massachusetts: John Hancock, Samual Adams, John Adams, Robert Treat Paine, Elbridge Gerry
Rhode Island: Stephen Hopkins, William Ellery
Connecticut: Roger Sherman, Samuel Huntington, William Williams, Oliver Wolcott
New York: William Floyd, Philip Livingston, Francis Lewis, Lewis Morris
New Jersey: Richard Stockton, John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark
Pennsylvania: Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross
Delaware: Caesar Rodney, George Read, Thomas McKean
Maryland: Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton
Virginia: George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfoot Lee, Carter Braxton
North Carolina: William Hooper, Joseph Hewes, John Penn
South Carolina: Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton
Georgia: Button Gwinnett, Lyman Hall, George Walton
Source: The \JPennsylvania\j Packet, July 8, 1776
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#
"Thomas Jefferson on Slavery",86,0,0,0
.... It will probably be asked, Why not retain and incorporate the blacks into the state, and thus save the expense of supplying, by importation of white settlers, the vacancies they will leave? Deep rooted prejudices entertained by the whites; ten thousand recollections, by the blacks, of the injuries they have sustained; new provocations; the real distinctions which nature has made; and many other circumstances, will divide us into parties, and produce convulsions, which will probably never end but in the extermination of the one or the other race. - To these objections, which are political, may be added others, which are physical and moral.
The first difference which strikes us is that of colour. - Whether the black of the negro resides in the reticular membrane between the skin and scarf-skin, or in the scarf-skin itself; whether it proceeds from the colour of the blood, the colour of the \Jbile\j, or from that of some other secretion, the difference is fixed in nature, and is as real as if its seat and cause were better known to us. And is this difference of no importance?
Is it not the foundation of a greater or less share of beauty in the two races? Are not the fine mixtures of red and white, the expressions of every passion by greater or less suffusions of colour in the one, preferable to that eternal monotony, which reigns in the countenances, that immovable veil of black which covers all the emotions of the other race?
Add to these, flowing hair, a more elegant symmetry of form, their own judgment in favour of the whites, declared by their preference of them, as uniformly as is the preference of the Oranootan for the black women over those of his own species. The circumstance of Superior beauty, is thought worthy attention in the propagation of our horses, dogs, and other domestic animals; why not in that of man? Besides those of colour, figure, and hair, there are other physical distinctions proving a difference of race. They have less hair on the face and body.
They secrete less by the \Jkidneys\j, and more by the glands of the skin, which gives them a very strong and disagreeable odour. This greater degree of \Jtranspiration\j renders them more tolerant of heat, and less so of cold than the whites. Perhaps too a difference of structure in the pulmonary apparatus, which a late ingenious[1] experimentalist has discovered to be the principal regulator of animal heat, may have disabled them from extricating, in the act of inspiration, so much of that fluid from the outer air, or obliged them in expiration, to part with more of it.
They seem to require less sleep. A black after hard labour through the day, will be induced by the slightest amusements to sit up till midnight, or later, though knowing he must be out with the first dawn of the morning. They are at least as brave, and more adventuresome. But this may perhaps proceed from a want of forethought, which prevents their seeing a danger till it be present..- When present, they do not go through it with more coolness or steadiness than the whites.
They are more ardent after their female: but love seems with them to be more an eager desire, than a tender delicate mixture of sentiment and sensation. Their griefs are transient. Those numberless afflictions, which render it doubtful whether heaven has given life to us in mercy or in wrath, are less felt, and sooner forgotten with them. In general, their existence appears to participate more of sensation than reflection. To this must be ascribed their disposition to sleep when abstracted from their diversions, and unemployed in labour.
An animal whose body is at rest, and who does not reflect, must be disposed to sleep of course. Comparing them by their faculties of memory, reason, and imagination, it appears to me that in memory they are equal to the whites; in reason much inferior, as I think one could scarcely be found capable of tracing and comprehending the investigations of \JEuclid\j; and that in imagination they are dull, tasteless, and anomalous. It would be unfair to follow them to Africa for this investigation.
We will consider them here, on the same stage with the whites, and where the facts are not apocryphal on which a judgment is to be formed. It will be right to make great allowances for the difference of condition, of education, of conversation, of the sphere in which they move. Many millions of them have been brought to, and born in America.
Most of them indeed have been confined to tillage, to their own homes, and their own society: yet many have been so situated, that they might have availed themselves of the conversation of their masters; many have been brought up to the handicraft arts, and from that circumstance have always been associated with the whites. Some have been liberally educated, and all have lived in countries where the arts and sciences are cultivated to a considerable degree, and have had before their eyes samples of the best works from abroad.
The Indians, with no advantages of this kind, will often carve figures on their pipes not destitute of design and merit. They will crayon out an animal, a plant, or a country, so as to prove the existence of a germ in their minds which only wants cultivation. They astonish you with strokes of the most sublime oratory; such as prove their reason and sentiment strong, their imagination glowing and elevated.
But never yet could I find that a black had uttered a thought above the level of plain narration; never saw even an elementary trait of painting or sculpture. In music they are more generally gifted than the whites with accurate ears for tune and time, and they have been found capable of imagining a small catch. [2] Whether they will be equal to the composition of a more extensive run of melody, or of complicated harmony, is yet to be proved.
Misery is often the parent of the most affecting touches in poetry. Among the blacks is misery enough, God knows, but no poetry. Love is the peculiar oestrum of the poet. Their love is ardent, but it kindles the senses only, not the imagination. Religion indeed has produced a Phyllis Whately [3] but it could not produce a poet.
The compositions published under her name are below the dignity of criticism. The heroes of the Dunciad are to her, as Hercules to the author of that poem. Ignatius Sancho has approached nearer to merit in composition; yet his letters do more honour to the heart than the head. They breathe the purest effusions of friendship and general philanthropy, and show how great a degree of the latter may be compounded with strong religious zeal.
He is often happy in the turn of his compliments, and his style is easy and familiar, except when he affects a Shandean fabrication of words. But his imagination is wild and extravagant, escapes incessantly from every restraint of reason and taste, and, in the course of its vagaries, leaves a tract of thought as incoherent and eccentric, as is the course of a \Jmeteor\j through the sky. His subjects should often have led him to a process of sober reasoning: yet we find him always substituting sentiment for demonstration.
Upon the whole, though we admit him to the first place among those of his own colour who have presented themselves to the public judgment, yet when we compare him with the writers of the race among whom he lived and particularly with the epistolary class, in which he has taken his own stand, we are compelled to enrol him at the bottom of the column. This criticism supposes the letters published under his name to be genuine, and to have received amendment from no other hand; points which would not be of easy investigation.
The improvement of the blacks in body and mind, in the first instance of their mixture with the whites, has been observed by every one, and proves that their inferiority is not the effect merely of their condition of life. We know that among the Romans, about the Augustan age especially, the condition of their slaves was much more deplorable than that of the blacks on the continent of America.
The two sexes were confined in separate apartments, because to raise a child cost the master more than to buy one. Cato, for a very restricted indulgence to his slaves in this particular, took from them a certain price. But in this country the slaves multiply as fast as the free inhabitants.
Their situation and manners place the commerce between the two sexes almost without restraint. The same Cato, on a principle of oeconomy, always sold his sick and superannuated slaves. He gives it as a standing precept to a master visiting his farm, to sell his old oxen, old wagons, old tools, old and diseased servants, and every thing else become useless. . . . The American slaves cannot enumerate this among the injuries and insults they receive.
It was the common practice to expose in the island Esculapius, in the Tyber, diseased slaves, whose cure was like to become tedious. The emperor Claudius, by an edict, gave freedom to such of them as should recover, and first declared that if any person chose to kill rather than expose them, it should be deemed \Jhomicide\j. The exposing them is a crime of which no instance has existed with us; and were it to be followed by death, it would be punished capitally.
We are told of a certain Vedius Pollio, who, in the presence of Augustus, would have given a slave as food to his fish, for having broken a glass. With the Romans, the regular method of taking the evidence of their slaves was under torture.
Here it has been thought better never to resort to their evidence. When a master was murdered, all his slaves, in the same house, or within hearing, were condemned to death. Here punishment falls on the guilty only, and as precise proof is required against him as against a freeman. Yet notwithstanding these and other discouraging circumstances among the Romans, their slaves were often their rarest artists.
They excelled too in science, insomuch as to be usually employed as tutors to their masters' children. Epictetus, Terence, and Phaedrus, were slaves. But they were of the race of whites. It is not their condition then, but nature, which has produced the distinction.
Whether further observation will or will not verify the conjecture, that nature has been less bountiful to them in the endowments of the head, I believe that in those of the heart she will be found to have done them justice. That disposition to theft with which they have been branded, must be ascribed to their situation, and not to any depravity of the moral sense.
The man, in whose favour no laws of property exist, probably feels himself less bound to respect those made in favour of others. When arguing for ourselves, we lay it down as a fundamental, that laws, to be just, must give a reciprocation of right; that, without this, they are mere arbitrary rules of conduct, founded in force, and not in conscience: and it is a problem which I give to the master to solve, whether the religious precepts against the violation of property were not framed for him as well as his slave?
And whether the slave may not as justifiably take a little from one, who has taken all from him, as he may slay one who would slay him? That a change in the relations in which a man is placed should change his ideas of moral right or wrong, is neither new, nor peculiar to the colour of the blacks. Homer tells us it was so 2600 years ago.
Jove fix'd it certain, that whatever day
Makes man a slave, takes half his worth away.
But the slaves of which Homer speaks were whites. Notwithstanding these considerations which must weaken their respect for the laws of property, we find among them numerous instances of the most rigid integrity, and as many as among their better instructed masters, of benevolence, gratitude and unshaken fidelity.
The opinion, that they are inferior in the faculties of reason and imagination, must be hazarded with great diffidence. To justify a general conclusion, requires many observations, even where the subject may be submitted to the anatomical knife, to optical classes, to analysis by fire, or by solvents.
How much more then where it is a faculty, not a substance, we are examining; where it eludes the research of all the Senses; where the conditions of its existence are various and variously combined; where the effects of those which are present or absent bid defiance to calculation; let me add too, as a circumstance of great tenderness, where our conclusion would degrade a whole race of men from the rank in the scale of beings which their Creator may perhaps have given them.
To our reproach it must be said, that though for a century and a half we have had under our eyes the races of black and of red men, they have never yet been viewed by us as subjects of natural history. I advance it therefore as a suspicion only, that the blacks, whether originally a distinct race, or made distinct by time and circumstances, are inferior to the whites in the endowments both of body and mind. It is not against experience to suppose, that different Species of the same \Jgenus\j, or varieties of the same species, may possess different qualifications.
Will not a lover of natural history then, one who views the gradations in all the races of animals with the eye of philosophy, excuse an effort to keep those in the department of man as distinct as nature has formed them?
This unfortunate difference of colour, and perhaps of faculty, is a powerful obstacle to the emancipation of these people. Many of their advocates, while they wish to vindicate the liberty of human nature are anxious also to preserve its dignity and beauty.
Some of these, embarrassed by the question `What further is to be done with them?' join themselves in opposition with those who are actuated by sordid avarice only. Among the Romans emancipation required but one effort. The slave, when made free, might mix with, without staining the blood of his master. But with us a second is necessary, unknown to history. When freed, he is to be removed beyond the reach of mixture.
The particular customs and manners that may happen to be received in that state?
It is difficult to determine on the standard by which the manners of a nation may be tried, whether catholic, or particular. It is more difficult for a native to bring to that standard the manners of his own nation, familiarized to him by habit. There must doubtless be an unhappy influence on the manners of our people produced by the existence of \Jslavery\j among us.
The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submissions on the other. Our children see this, and learn to imitate it; for man is an imitative animal.
This quality is the germ of all education in him. From his cradle to his grave he is learning to do what he sees others do. If a parent could find no motive either in his philanthropy or his self love, for restraining the intemperance of passion towards his slave, it should always be a sufficient one that his child is present. But generally it is not sufficient.
The parent storms, the child looks on, catches the lineaments of wrath, puts on the same airs in the circle of smaller slaves, gives a loose to the worst of passions, and thus nursed, educated, and daily exercised in tyranny, cannot but be stamped by it with odious pecularities.
The man must be a prodigy who can retain his manners and morals undepraved by such circumstances. And with what execration should the statesman be loaded, who, permitting one half the citizens thus to trarnple on the rights of the other, transforms those into despots, and these into enemies, destroys the morals of the one part, and the amor patriae of the other.
For if a slave can have a country in this world, it must be any other in preference to that in which he is born to live and labour for another; in which he must lock up the faculties of his nature, contribute as far as depends on his individual endeavours to the evanishment of the human race, or entail his own miserable condition on the endless generations proceeding from him. With the morals of the people, their industry also is destroyed. For in a warm climate, no man will labour for himself who can make another labour for him.
This is so true, that of the proprietors of slaves a very small proportion indeed are ever seen to labour. And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with his wrath? Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep for ever: that considering numbers, nature and natural means only, a revolution of the wheel of fortune, an exchange of situation is among possible events: that it may become probable by \Jsupernatural\j interference!
The almighty has no attribute which can take side with us in such a contest. - But it is impossible to be temperate and to pursue this subject through the various considerations of policy, of morals, of history natural and civil. We must be contented to hope they will force their way into every one's mind. I think a change already perceptible, since the origin of the present revolution. The spirit of the master is abating, that of the slave rising from the dust, his condition mollifying, the way I hope preparing, under the auspices of heaven, for a total emancipation, and that this is disposed, in the order of events, to be with the consent of the masters, rather than by their extirpation.
Notes
1. Crawford.
2. Jefferson's own note: The instrument proper to them is the Banjar, which they brought hither from Africa, and which is the original of the \Jguitar\j, its chords being precisely the four lower chords of the \Jguitar\j.
If Jefferson is referring to the \Jbanjo\j here, he is completely wrong: only the ukelele-banjo has the same tone intervals as the 4 higher strings of the \Jguitar\j, however the \Jguitar\j is tuned in E and the ukelele-banjo in B: other four string \Jbanjo\j's are tuned like a violin (GMW)
3. This misspelled reference to Phillis Wheatley (1753-1784) illustrates how illogical Jefferson could become on race analysis. Considering that she was an African slave and largely self-taught, the marvel is her intellectual precocity not only as a poet, but as a fluent classicist and as a fascinating and brilliant conversationalist - all achieved before her death at the age of 31.
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"Adam Smith's Of Colonies (1776)",87,0,0,0
taken from:The Wealth of Nations, 1776
Of the advantages which Europe has derived from the discovery of America.
Those advantages may be divided, first, into the general advantages which Europe, considered as one great country, has derived from those great events; and, secondly great events; and secondly, into the particular advantages which each colonizing country has derived from the colonles which particulars belong to it, in consequence of the authority or dominion which it exercises over them.
The general advantages which Europe, considered as one great country, has derived from the discovery and colonization of America, consist, first, in the increase of its enjoyments; and, secondly, in the augmentation of its industry.
The surplus produce of America, imported into Europe, furnishes the inbabitants of this great continent with a variety of commodities which they could not Otherwise have possessed, some for conveniency and use, some for pleasure, and some for ornament, and thereby contributes to increase their enjoyments.
The discovery and colonization of America, it will readily be allowed, have contributed to augment the in dustry, first, of all the countries which trade to it directly; such as \JSpain\j, \JPortugal\j, \JFrance\j, and England; and, secondly, of all those which, without trading to it directly, send, through the medium of other countries, goods to it of their own produce; such as Austrian Flanders, and some provinces of \JGermany\j, which, through the medium of the countries before mentioned, send to it a considerable quantity of linen and other goods. All such countries have evidently gained a more extensive market for their surplus produce, and must tonsequently have been encouraged to increase its quantity.
But, that those great events should likewise have contributed to encourage the industry of countries, such as \JHungary\j and \JPoland\j, which may never, perhaps, have sent a single commodity of their own produce to America, is not, perhaps, altogether so evident.
That those events have done so, however, cannot be doubted. Some part of the produce of America is consumed in \JHungary\j and \JPoland\j, and there is some demand there for the sugar, chocolate, and \Jtobacco\j, of that new quarter of the world. But those commodities must be purchased with something which is either the produce of the industry of \JHungary\j and \JPoland\j, or with something which had been purchased with some part of that produce.
Those commodities of America are new values, new equivalents, introduced into \JHungary\j and \JPoland\j to be exchanged there for the surplus produce of those countries. By being carried thither they create a new and more extensive market for that surplus produce. They raise its value, and thereby contribute to encourage its increase.
Though no part of it may ever be carried to America, it may be carried to other countries which purchase it with a part of their share of the surplus produce of America; and its may find a market by means of the circulation of that trade which was originally put into motion by the surplus produce of America.
Those great events may even have contributed increase the enjoyments, and to augment the industry of countries which not only never sent any commodities to America, but never received any from it. Even such countries may have received a greater abundance if other commodities from countries of which the surplus produce had been augmented by means of the American trade.
This greater abundance, as it must necessarily have increase their enjoyments, so it must likewise have augmented their industry. A greater number of new equivalents of some kind or other must have been presented to them to be exchanged for the surplus produce of that industry.
A more extensive market must have been created for that surplus produce, so as to raise its value, and thereby encourag its increase. The mass of commodities annually thrown into the great circle of European commerce, and by it various revolutions annually distributed among all the different nations comprehended within it, must have been augmented by the whole surplus produce of America. A greater share of this greater mass, therefore, is likely to have fallen to each of those nations, to have increase their enjoyments, and augmented their industry....
The particular advantages which each colonizing country derives from the colonies which particularly belong to it, are of two different kinds; first, those common advantages which every empire derives from the provinces subject to its dominion; and, secondly, those peculiar advantages which are supposed to result from provinces of so very peculiar a nature as the European colonies of America...
The discovery of America, and that of a passage to the East Indies by the Cape of Good Hope, are the two greatest and most important events recorded in the history of mankind. Their consequences have already been veryb great: but, in the short period of between two and three centuries which has elapsed since these discoveries were made, it is impossible that the whole extent of their consequences can have been seen.
What benefits, or what misfortunes to mankind may hereafter result from those great events, no human wisdom can foresee. By uniting, in some measure, the most distant parts of the world, by enabling them to relieve one another's wants, to increase one another's enjoyments, and to encourage one another's industry, their general tendency would seem to be beneficial.
In the mean time, one of the principal effects of those discoveries has been to raise the mercantile system to a degree of splendour and glory which it could never otherwise have attained to. It is the object of that system to enrich a great nation rather by trade and manufactures than by the improvement and cultivation of land, rather by the industry of the towns than by that of the country.
But, in consequence of those discoveries, the commercial towns of Europe, instead of being the manufacturers and carriers for but a very small part of the world (that part of Europe which is washed by the Atlantic ocean, and the countries which lie round the Baltic and Mediterranean seas), have now become the manufacturers for the numerous and thriving cultivators of America, and the carriers, and in some respects the manufacturers too, for almost all the different nations of Asia, Africa, and America. Two new worlds have been opened to their industry, each of them much greater and more extensive than the old one, and the market of one of them growing still greater and greater every day....
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"Adam Smith, The Cost of Empire",88,0,0,0
taken from:The Wealth of Nations, 1776
The countries which possess the colonies of America, and which trade directly to the East Indies, enjoy, indeed, the whole show and splendour of this great commerce. Other countries, however, notwithstanding all the invidious restraints by which it is meant to exclude them, frequently enjoy a greater share of the real benefit of it. The colonies of \JSpain\j and \JPortugal\j, for example, give more real encouragement to the industry of other countries than to that of \JSpain\j and \JPortugal\j. . .
After all the unjust attempts, therefore, of every country in Europe to engross to itself the whole advantage of the trade of its own colonies, no country has yet been able to engross to itself anything but the expense of supporting in time of peace, and of defending in time of war, the oppressive authority which it assumes over them. The inconveniencies resulting from the possession of its colonies, every country has engrossed to itself completely. The advantages resulting from their trade it has been obliged to share with many other countries.
At first sight, no doubt, the monopoly of the great commerce of America naturally seems to be an acquisition of the highest value. To the undiscerning eye of giddy ambition, it naturally presents itself amidst the confused scramble of politics and war, as a very dazzling object to fight for. The dazzling splendour of the object, however the immense greatness of the commerce, is the very quality which renders the monopoly of it hurtful, or which makes one employment, in its own nature necessarily less advantageous to the country than the greater part of other employments, absorb a much greater proportion of the capital of the country than what would otherwise have gone to it. .
It is not contrary to justice that . . . America should contribute towards the discharge of the public debt of Great Britain. . . . a government to which several of the colonies of America owe their present charters, and consequently their present constitution; and to which all the colonies of America owe the liberty, security, and property which they have ever since enjoyed. That public debt has been contracted in the defence, not of Great Britain alone, but of all the different provinces of the empire; the immense debt contracted in the late war in particular, and a great part of that contracted in the war before, were both properly contracted in defence of America. . .
If it should be found impracticable for Great Britain to draw any considerable augmentation of revenue from any of the resources above mentioned; the only resource which can remain to her is a diminution of her expense. In the mode of collecting, and in that of expending the public revenue; though in both there may be still room for improvement; Great Britain seems to be at least as economical as any of her neighbours. The military establishment which she maintains for her own defence in time of peace, is more moderate than that of any European state which can pretend to rival her either in wealth or in power. None of those articles, therefore, seem to admit of any considerable reduction of expense.
The expense of the peace establishment of the colonies was, before the commencement of the present disturbances, very considerable, and is an expense which may, and if no revenue can be drawn from them ought certainly to be saved altogether. This constant expense in time of peace, though very great, is insignificant in comparison with what the defence of the colonies has cost us in time of war. The last war, which was undertaken altogether on account of the colonies, cost Great Britain . . . upwards of ninety millions.
The Spanish war of 1739 was principally undertaken on their account; in which, and in the French war that was the consequence of it, Great Britain spent upwards of forty millions, a great part of which ought justly to be charged to the colonies. In those two wars the colonies cost Great Britain much more than double the sum which the national debt amounted to before the commencement of the first of them. Had it not been for those wars that debt might, and probably would by this time, have been completely paid; and had it not been for the colonies, the former of those wars might not, and the latter certainly would not have been undertaken.
It was because the colonies were supposed to be provinces of the British empire, that this expense was laid out upon them. But countries which contribute neither revenue nor military force towards the support of the empire, cannot be considered as provinces. They may perhaps be considered as appendages, as a sort of splendid and showy equipage of the empire. But if the empire can no longer support the expense of keeping up this equipage, it ought certainly to lay it down; and if it cannot raise its revenue in proportion to its expense, it ought at least, to accommodate its expense to its revenue.
If the colonies, notwithstanding their refusal to submit to British taxes, are still to be considered as provinces of the British empire, their defence in some future war may cost Great Britain as great an expense as it ever has done in any former war. The rulers of Great Britain have, for more than a century past, amused the people with the imagination that they possessed a great empire on the west side of the Atlantic.
This empire, however, has hitherto existed in imagination only. It has hitherto been, not an empire, but the project of an empire; not a gold mine, but the project of a gold mine; a project which has cost, which continues to cost, and which, if pursued in the same way as it has been hitherto, is likely to cost, immense expense, without being likely to bring any profit; for the effects of the monopoly of the colony trade, it has been shown, are, to the great body of the people, mere loss instead of profit.
It is surely now time that our rulers should either realise this golden dream, in which they have been indulging themselves, perhaps, as well as the people; or, that they should awake from it themselves, and endeavour to awaken the people. If the project cannot be completed, it ought to be given up. If any of thee provinces of the British empire cannot be made to contribute towards the support of the whole empire, it is surely time that Great Britain should free herself from the expense of defending those provinces in time of war, and of supporting any part of their civil or military establishments in time of peace, and endeavour to accommodate her future views and designs to the real mediocrity of her circumstances.
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"A Hand-Written Receipt for Nine Guns and Nine Bayonets (July 5, 1776)",89,0,0,0
Signed by a Continental Army Officer
Abstract
This is a fascinating document from early America, a handwritten receipt for arms signed by a Continental Army officer on the day after the date of the Declaration of Independence.
The receipt, with the text in an unknown hand, is signed by Army Captain Joseph Churchill in Middletown, Conn. on July 5, 1776. The receipt is for "Nine Guns & Nine Bayonets & belts" for use by his soldiers.
The arms are being received from Titus Hosmer, a lawyer from Middletown and Justice of the Peace at the time of this transaction. Two years later Hosmer went on to become a member of the Continental Congress and one of the signers of the Articles of Confederation. Later he was elected to the Maritime Court of Appeals in 1780.
The weapons involved in this transaction are to be used by Capt. Churchill's soldiers as they march from Connecticut to New York to join Washington's army in the fighting in New York.
The entire receipt including the signature itself is written in brown ink on light-brown paper, measuring approximately 7 1/2" by 6". The back of the document is also signed by Capt. Churchill and dated.
Here is the complete text of this manuscript receipt dated "Middletown July 5th 1776."
Recd of Philip Mortimer & Geo Phillips Select Men of Middletown Nine Guns & Nine Bayonets & belts.
Said Guns Bayonets & Belts was recd of Titos Hosmer Esq. which he purchased for the Use of this Colony which sd. Guns &c I have recd to furnish the Soldiers under my Comand In the Continental Servis for N. York &c & promis to be Accountable for the Same.
Joseph Churchill
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"Albigence Waldo, from the Diary of a Surgeon at Valley Forge (December 6-22, 1777)",90,0,0,0
December 6
The Enemy forming a Line from towards our right to the extremity of our left upon an opposite long height to ours in a Wood. Our men were under Arms all Day and this Night also, as our Wise General was determined not to be attack'd Napping ...
December 8
All at our Several Posts. Provisions and Whiskey very scarce. Were Soldiers to have plenty of Food and Rum, I believe they would Storm Tophet...
December 11
At four o'clock the Whole Army were Order'd to March to Swedes Ford on the River Schuylkill, about 9 miles N.W. of Chestnut Hill, and 6 from White Marsh our present Encampment. At sun an hour high the whole were mov'd from the Lines and on their march with baggage.
This Night encamped in a Semi circle nigh the Ford. The enemy had march'd up the West side of Schuylkill - Potter's Brigade if \JPennsylvania\j Militia were already there, and had several skirmishes with them with some loss on this side and considerable on the Enemies ...
I am prodigious Sick and cannot get anything comfortable - what in the name of Providence am I to do with a fit of Sickness in this place where nothing appears pleasing to the Sicken'd Eye and nausiating \JStomach\j. But I doubt not Providence will find out a way for my relief. But I cannot eat Beef if I starve, for my \Jstomach\j positively refuses to entertain such Company, and how can I help that?
December 12
A Bridge of Waggons made accross the Schuylkill last Night consisting of 36 waggons, with a bridge of Rails between them each. Some skirmishing over the River. Militia and dragoons brought into Camp several Prisoners. Sun Set - We were order'd to march over the River - It snows - I'm Sick - eat nothing - No Whiskey - No Forage - Lord - Lord - Lord. The Army were 'till Sun Rise crossing the River - some at the Waggon Bridge and some at the Raft Bridge below. Cold and uncomfortable.
December 13
The Army march'd three miles from the West side of the River and encamp'd near a place call'd the Gulph and not an improper name neither, for this Gulph seems well adapted by its situation to keep us from the pleasures and enjoyments of this World, or being conversant with anybody in it.
It is an excellent place to raise the Ideas of a Philosopher beyond the glutted thoughts and Reflexions of an Epicurian. His Reflexions will be as different from the Common Reflexions of Mankind as if he were unconnected with the world, and only conversant with immaterial beings.
It cannot be that our Superiors are about to hold consultations with Spirits infinitely beneath their Order, by bringing us into these utmost regions of the Terraqueous Sphere. No it is, upon consideration for many good purposes since we are to Winter here -
1.There is plenty of Wood and Water 2.There are but few families for the soldiery to Steal from - tho' far be it from a Soldier to Steal 3.4.There are warm sides of Hill to erect huts on 5.They will be heavenly Minded like Jonah when in the Belly of a Great Fish 6.They will not become home Sick as is sometimes the Case when Men live in the Open World - since the reflections which will naturally arise from their present habitation, will lead them into the more noble thoughts of employing their leisure hours in filling their knapsacks with such materials as may be necessary on the Journey to another Home.
December 14
Prisoners and Deserters are continually coming in. The Army which has been surprisingly healthy hitherto, now begins to grow sickly from the continued fatigues they have suffered this Campaign. Yet they still show a spirit of Alacrity and Contentment not to be expected from so young Troops.
I am Sick - discontented - and out of humour. Poor food - hard lodging - Cold Weather - fatigue - Nasty Cloaths - nasty Cookery - Vomit half my time - smoak'd out my senses - the Devil's in't - I can't Endure it - Why are we sent here to starve and Freeze - What sweet Felicities have I left at home; A charming Wife - pretty Children - Good Beds - good food - good Cookery - all aggreable - all harmonious.
Here all Confusion - smoke and Cold - hunger and filthyness - A pox on my bad luck. There comes a bowl of beef soup - full of burnt leaves and dirt, sickish enough to make a Hector spue - away with it Boys - I'll live like the Chameleon upon Air. Poh! Poh! crys Patience within me - you talk like a fool. Your being sick Covers you mind with a Melancholic Gloom, which makes every thing about you appear gloomy.
See the poor Soldier, when in health - with what cheerfulness he meets his foes and encounters every hardship - if barefoot, he labours thro' the Mud and Cold with a Song in his mouth extolling War and Washington - if his food be bad, he eats it notwithstanding with seeming content - blesses God for a good \JStomach\j and Whistles it into digestion.
But harkee Patience, a moment - There comes a Soldier, his bare feet are seen thro' his worn out Shoes, his legs nearly naked from the tatter'd remains of an only pair of stockings, his Breeches not sufficient to cover his nakedness, his Shirt hanging in Strings, his hair dishevell'd, his face meagre; his whole appearance pictures a person forsaken and discouraged.
He comes, and crys with an air of wretchedness and despair, I am Sick, my feet lame,my legs are sore, my body cover'd with this tormenting Itch - my Cloaths are worn out, my Constitution is broken, my former Activity is exhausted by fatigue, hunger and Cold, I fail fast I shall soon be no more! and all the reward I shall get will be - "Poor Will is dead."
People who live at home in Luxury and Ease, quietly possessing their habitations, Enjoying their Wives and families in peace,have but a very faint Idea of the unpleasing sensations, and continual Anxiety the Man endures who is in Camp, and is the husband and parent of an aggreeable family.
These same People are willing we should suffer every thing for their Benefit and advantage, and yet are the first to Condemn us for not doing more!!
December 15
Quiet. Eat Pessimmens, found myself better for their Lenient Opperation. Went to a house, poor and small, but good food within - eat too much from being so long Abstemious, thro' want of palatables. Mankind are never truly thankfull for the Benefits of life, until they have experienc'd the want of them.
The Man who has seen misery knows best how to enjoy good. He who is always at ease and has enough of the Blessings of common life is an Impotent Judge of the feelings of the unfortunate...
December 16
Cold Rainy Day, Baggage ordered over the Gulph of our Division, which were to march at Ten, but the baggage was order'd back and for the first time since we have been here the Tents were pitch'd, to keep the men more comfortable.
Good morning Brother Soldier (says one to another) how are you? All wet I thank'e, hope you are so (says the other). The Enemy have been at Chestnut Hill Opposite to us near our last encampment the other side Schuylkill, made some Ravages, kill'd two of our Horsemen, taken some prisoners. We have done the like by them...
December 18
Universal Thanksgiving - a Roasted pig at Night. God be thanked for my health which I have pretty well recovered. How much better should I feel, were I assured my family were in health. But the same good Being who graciously preserves me, is able to preserve them and bring me to the ardently wish'd for enjoyment of them again
December 21
[Valley Forge.] Preparations are made for huts. Provisions Scarce. Mr. Ellis went homeward - sent a Letter to my Wife. Heartily wish myself at home, my Skin and eyes are almost spoil'd with continual smoke. A general cry thro' the Camp this Evening among the Soldiers, "No Meat! No Meat!" - the Distant vales Echo'd back the melancholy sound - "No Meat! No Meat!" Immitating the noise of Crows and Owls, also, made a part of confused Musick.
What have you for your dinner boys? "Nothing but Fire Cake and Water, Sir." At night, "Gentlemen the Supper is ready." What is your Supper Lads? "Fire Cake and Water, Sir." Very poor beef has been drawn in our Camp the greater part of this season.
A Butcher bringing a Quarter of this kind of Beef into Camp one day who had white Buttons on the knees of his breeches, a Soldier cries out - "There, there Tom is some more of your fat Beef, by my soul I can see the Butcher's breeches buttons through it."
December 22
Lay excessive Cold and uncomfortable last Night - my eyes started out from their Orbits like a \JRabbit\j's eyes, occasion'd by a great Cold and Smoke.
Our Division are under Marching Orders this morning. I am ashamed to say it, but I am tempted to steal Fowls if I could find them, or even a whole Hog, for I feel as if I could eat one. But the Impoverish'd Country about us, affords but little matter to employ a Thief, or keep a Clever Fellow in good humour. But why do I talk of hunger and hard usage, when so many in the World have not even fire Cake and Water to eat ...
It is not in the power of Philosophy...to convince a man he may be happy and Contented if he will, with a Hungry Belly. Give me Food, Cloaths, Wife and Children, kind Heaven! and I'll be as contented as my Nature will permit me to be.
This Evening a Party with two field pieces were order'd out. At 12 of the Clock at Night, Providence sent us a little Mutton, with which we immediately had some Broth made, and a fine \JStomach\j for same.
Ye who Eat Pumkin Pie and Roast Turkies, and yet Curse fortune for using you ill, Curse her no more, least she reduce you Allowance of her favours to a bit of Fire Cake, and a draught of Cold Water, and in Cold Weather too.
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#
"Articles of Confederation (July 9, 1778), The",91,0,0,0
To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.
Articles of Confederation and perpetual Union between the states of New Hampshire, Massachusetts-bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, \JPennsylvania\j, \JDelaware\j, Maryland, Virginia, North Carolina, South Carolina, and Georgia.
I The Stile of this Confederacy shall be "The United States of America".
II Each state retains its sovereignty, freedom, and independence, and every power, \Jjurisdiction\j, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.
III The said States hereby severally enter into a firm league of friendship with each other, for their common defense, 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, sovereignty, trade, or any other pretense whatever.
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 these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall 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, \Jtreason\j, \Jfelony\j, 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 \Jjurisdiction\j of his offense.
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.
V For the most convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislatures of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a powerreserved 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 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 delegate, 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 a meeting of the States, and while they act as members of the committee of the States.
In determining questions in the United States in Congress 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 Congress, and the members of Congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendence on Congress, except for \Jtreason\j, \Jfelony\j, or breach of the peace.
VI No State, without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, 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 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, confederation or alliance whatever between them, without the consent of the United States in Congress assembled, specifying 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 interfere 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 \JFrance\j and \JSpain\j.
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 defense 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 judgement of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of filed 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 certain 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 commissions to any ships 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 assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
VII When land forces are raised by any State for the common defense, 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.
VIII All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress 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 or surveyed 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 assembled.
IX The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth 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 importation 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 commited 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, \Jjurisdiction\j or any other causes 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 executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful 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, the petitioners beginning, 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 Congress 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 showing 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 party absent or refusing; and the judgement 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 submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgement, which shall in like manner be final and decisive, the judgement 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, before he sits in judgement, shall take an oath to be administered 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, according to the best of his judgement, without favor, 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 \Jjurisdiction\j, 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 presecribed for deciding disputes respecting territorial \Jjurisdiction\j between different States.
The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States - fixing the standards of weights and measures throughout the United States - regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated - establishing or regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through 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 - making 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 appoint 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 members 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 appropriate 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 thereupon the legislature of each State shall appoint the regimental officers, raise the men and cloath, arm and equip them in a solid-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 consideration of circumstances judge proper that any State should not raise men, or should raise a smaller number 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 each State, unless the legislature of such State shall judge that such extra number cannot be safely spread out in the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judeg 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 or 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 defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate 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 chief 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 the majority of the United States in Congress assembled.
The Congress of the United States shall have power to adjourn 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 judgement 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 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 legislatures of the several States.
X The Committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of the nine States, shall from time to time think expedient to vest them with; provided 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 assembled be requisite.
XI Canada acceding to this confederation, and adjoining 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.
XII All bills of credit emitted, monies borrowed, 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 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 pleged.
XIII Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are 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 Congress 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 respectively 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 purpose, 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 respectively represent, and that the Union shall be perpetual.
In Witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the State of \JPennsylvania\j the ninth day of July in the Year of our Lord One Thousand Seven Hundred and Seventy-Eight, and in the Third Year of the independence of America.
Courtesy of \IUS Historical Documents Archive\i
#
"Draft for a Bill for Establishing Religious Freedom, by Jefferson (1779)",92,0,0,0
SECTION I.
Well aware that the opinions and belief of men depend not on their own will, but follow involuntarily the evidence proposed to their minds; that Almighty God hath created the mind free, and manifested his supreme will that free it shall remain by making it altogether insusceptible of restraint; that all attempts to influence it by temporal punishments, or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the holy author of our religion, who being lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do, but to extend it by its influence on reason alone; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world and through all time: That to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness; and is withdrawing from the ministry those temporary rewards, which proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labours for the instruction of mankind; that our civil rights have no dependance on our religious opinions, any more than our opinions in physics or \Jgeometry\j; that therefore the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages to which, in common with his fellow citizens, he has a natural right; that it tends also to corrupt the principles of that very religion it is meant to encourage, by bribing, with a monopoly of worldly honours and emoluments, those who will externally profess and conform to it; that though indeed these are criminal who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; that the opinions of men are not the object of civil government, nor under its \Jjurisdiction\j; that to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles on supposition of their ill tendency is a dangerous falacy, which at once destroys all religious liberty, because he being of course judge of that tendency will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself; that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict unless by human interposition disarmed of her natural weapons, free argument and debate; errors ceasing to be dangerous when it is permitted freely to contradict them.
SECT. II.
WE the General Assembly of Virginia do enact that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer, on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in no wise diminish, enlarge, or affect their civil capacities.
SECT. III.
AND though we well know that this Assembly, elected by the people for the ordinary purposes of legislation only, have no power to restrain the acts of succeeding Assemblies, constituted with powers equal to our own, and that therefore to declare this act irrevocable would be of no effect in law; yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present or to narrow its operation, such act will be an infringement of natural right.
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#
"Thomas Paine, The American Crisis (1780)",93,0,0,0
Chapter I
THESE are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph.
What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated.
Britain, with an army to enforce her tyranny, has declared that she has a right (not only to tax) but "to bind us in all cases whatsoever," and if being bound in that manner, is not \Jslavery\j, then is there not such a thing as \Jslavery\j upon earth. Even the expression is impious; for so unlimited a power can belong only to God.
Whether the independence of the continent was declared too soon, or delayed too long, I will not now enter into as an argument; my own simple opinion is, that had it been eight months earlier, it would have been much better. We did not make a proper use of last winter, neither could we, while we were in a dependent state.
However, the fault, if it were one, was all our own[1]; we have none to blame but ourselves. But no great deal is lost yet. All that Howe has been doing for this month past, is rather a ravage than a conquest, which the spirit of the Jerseys, a year ago, would have quickly repulsed, and which time and a little resolution will soon recover.
I have as little superstition in me as any man living, but my secret opinion has ever been, and still is, that God Almighty will not give up a people to military destruction, or leave them unsupportedly to perish, who have so earnestly and so repeatedly sought to avoid the calamities of war, by every decent method which wisdom could invent.
Neither have I so much of the infidel in me, as to suppose that He has relinquished the government of the world, and given us up to the care of devils; and as I do not, I cannot see on what grounds the king of Britain can look up to heaven for help against us: a common murderer, a highwayman, or a house-breaker, has as good a pretence as he.
'Tis surprising to see how rapidly a panic will sometimes run through a country. All nations and ages have been subject to them. Britain has trembled like an ague at the report of a French fleet of flat-bottomed boats; and in the fourteenth [fifteenth] century the whole English army, after ravaging the kingdom of \JFrance\j, was driven back like men petrified with fear; and this brave exploit was performed by a few broken forces collected and headed by a woman, Joan of Arc.
Would that heaven might inspire some Jersey maid to spirit up her countrymen, and save her fair fellow sufferers from ravage and ravishment! Yet panics, in some cases, have their uses; they produce as much good as hurt. Their duration is always short; the mind soon grows through them, and acquires a firmer habit than before.
But their peculiar advantage is, that they are the touchstones of sincerity and hypocrisy, and bring things and men to light, which might otherwise have lain forever undiscovered. In fact, they have the same effect on secret traitors, which an imaginary apparition would have upon a private murderer.
They sift out the hidden thoughts of man, and hold them up in public to the world. Many a disguised Tory has lately shown his head, that shall penitentially solemnize with curses the day on which Howe arrived upon the \JDelaware\j.
As I was with the troops at Fort Lee, and marched with them to the edge of \JPennsylvania\j, I am well acquainted with many circumstances, which those who live at a distance know but little or nothing of.
Our situation there was exceedingly cramped, the place being a narrow neck of land between the North River and the Hackensack. Our force was inconsiderable, being not one-fourth so great as Howe could bring against us. We had no army at hand to have relieved the garrison, had we shut ourselves up and stood on our defence.
Our ammunition, light artillery, and the best part of our stores, had been removed, on the apprehension that Howe would endeavor to penetrate the Jerseys, in which case Fort Lee could be of no use to us; for it must occur to every thinking man, whether in the army or not, that these kind of field forts are only for temporary purposes, and last in use no longer than the enemy directs his force against the particular object which such forts are raised to defend.
Such was our situation and condition at Fort Lee on the morning of the 20th of November, when an officer arrived with information that the enemy with 200 boats had landed about seven miles above; Major General [Nathaniel] Green, who commanded the garrison, immediately ordered them under arms, and sent express to General Washington at the town of Hackensack, distant by the way of the ferry = six miles.
Our first object was to secure the bridge over the Hackensack, which laid up the river between the enemy and us, about six miles from us, and three from them. General Washington arrived in about three-quarters of an hour, and marched at the head of the troops towards the bridge, which place I expected we should have a brush for; however, they did not choose to dispute it with us, and the greatest part of our troops went over the bridge, the rest over the ferry, except some which passed at a mill on a small creek, between the bridge and the ferry, and made their way through some marshy grounds up to the town of Hackensack, and there passed the river.
We brought off as much baggage as the wagons could contain, the rest was lost. The simple object was to bring off the garrison, and march them on till they could be strengthened by the Jersey or \JPennsylvania\j militia, so as to be enabled to make a stand. We staid four days at Newark, collected our out-posts with some of the Jersey militia, and marched out twice to meet the enemy, on being informed that they were advancing, though our numbers were greatly inferior to theirs.
Howe, in my little opinion, committed a great error in generalship in not throwing a body of forces off from Staten Island through Amboy, by which means he might have seized all our stores at \JBrunswick\j, and intercepted our march into \JPennsylvania\j; but if we believe the power of hell to be limited, we must likewise believe that their agents are under some providential control.
I shall not now attempt to give all the particulars of our retreat to the \JDelaware\j; suffice it for the present to say, that both officers and men, though greatly harassed and fatigued, frequently without rest, covering, or provision, the inevitable consequences of a long retreat, bore it with a manly and martial spirit.
All their wishes centred in one, which was, that the country would turn out and help them to drive the enemy back. \JVoltaire\j has remarked that King William never appeared to full advantage but in difficulties and in action; the same remark may be made on General Washington, for the character fits him.
There is a natural firmness in some minds which cannot be unlocked by trifles, but which, when unlocked, discovers a cabinet of fortitude; and I reckon it among those kind of public blessings, which we do not immediately see, that God hath blessed him with uninterrupted health, and given him a mind that can even flourish upon care.
I shall conclude this paper with some miscellaneous remarks on the state of our affairs; and shall begin with asking the following question, Why is it that the enemy have left the New England provinces, and made these middle ones the seat of war? The answer is easy: New England is not infested with Tories, and we are.
I have been tender in raising the cry against these men, and used numberless arguments to show them their danger, but it will not do to sacrifice a world either to their folly or their baseness. The period is now arrived, in which either they or we must change our sentiments, or one or both must fall.
And what is a Tory? Good God! what is he? I should not be afraid to go with a hundred \JWhigs\j against a thousand Tories, were they to attempt to get into arms. Every Tory is a coward; for servile, slavish, self-interested fear is the foundation of Toryism; and a man under such influence, though he may be cruel, never can be brave.
But, before the line of irrecoverable separation be drawn between us, let us reason the matter together: Your conduct is an invitation to the enemy, yet not one in a thousand of you has heart enough to join him. Howe is as much deceived by you as the American cause is injured by you. He expects you will all take up arms, and flock to his standard, with muskets on your shoulders. Your opinions are of no use to him, unless you support him personally, for 'tis soldiers, and not Tories, that he wants.
I once felt all that kind of anger, which a man ought to feel, against the mean principles that are held by the Tories: a noted one, who kept a tavern at Amboy, was standing at his door, with as pretty a child in his hand, about eight or nine years old, as I ever saw, and after speaking his mind as freely as he thought was prudent, finished with this unfatherly expression, "Well! give me peace in my day."
Not a man lives on the continent but fully believes that a separation must some time or other finally take place, and a generous parent should have said, "If there must be trouble, let it be in my day, that my child may have peace;" and this single reflection, well applied, is sufficient to awaken every man to duty.
Not a place upon earth might be so happy as America. Her situation is remote from all the wrangling world, and she has nothing to do but to trade with them. A man can distinguish himself between temper and principle, and I am as confident, as I am that God governs the world, that America will never be happy till she gets clear of foreign dominion.
Wars, without ceasing, will break out till that period arrives, and the continent must in the end be conqueror; for though the flame of liberty may sometimes cease to shine, the coal can never expire.
America did not, nor does not want force; but she wanted a proper application of that force. Wisdom is not the purchase of a day, and it is no wonder that we should err at the first setting off. From an excess of tenderness, we were unwilling to raise an army, and trusted our cause to the temporary defence of a well-meaning militia.
A summer's experience has now taught us better; yet with those troops, while they were collected, we were able to set bounds to the progress of the enemy, and, thank God! they are again assembling. I always considered militia as the best troops in the world for a sudden exertion, but they will not do for a long campaign. Howe, it is probable, will make an attempt on this city [Philadelphia]; should he fail on this side the \JDelaware\j, he is ruined.
If he succeeds, our cause is not ruined. He stakes all on his side against a part on ours; admitting he succeeds, the consequence will be, that armies from both ends of the continent will march to assist their suffering friends in the middle states; for he cannot go everywhere, it is impossible.
I consider Howe as the greatest enemy the Tories have; he is bringing a war into their country, which, had it not been for him and partly for themselves, they had been clear of. Should he now be expelled, I wish with all the devotion of a Christian, that the names of Whig and Tory may never more be mentioned; but should the Tories give him encouragement to come, or assistance if he come, I as sincerely wish that our next year's arms may expel them from the continent, and the Congress appropriate their possessions to the relief of those who have suffered in well-doing.
A single successful battle next year will settle the whole. America could carry on a two years' war by the confiscation of the property of disaffected persons, and be made happy by their expulsion. Say not that this is revenge, call it rather the soft resentment of a suffering people, who, having no object in view but the good of all, have staked their own all upon a seemingly doubtful event.
Yet it is folly to argue against determined hardness; eloquence may strike the ear, and the language of sorrow draw forth the tear of compassion, but nothing can reach the heart that is steeled with \Jprejudice\j.
Quitting this class of men, I turn with the warm ardor of a friend to those who have nobly stood, and are yet determined to stand the matter out: I call not upon a few, but upon all: not on this state or that state, but on every state: up and help us; lay your shoulders to the wheel; better have too much force than too little, when so great an object is at stake.
Let it be told to the future world, that in the depth of winter, when nothing but hope and virtue could survive, that the city and the country, alarmed at one common danger, came forth to meet and to repulse it. Say not that thousands are gone, turn out your tens of thousands; throw not the burden of the day upon Providence, but "show your faith by your works," that God may bless you.
It matters not where you live, or what rank of life you hold, the evil or the blessing will reach you all. The far and the near, the home counties and the back, the rich and the poor, will suffer or rejoice alike. The heart that feels not now is dead; the blood of his children will curse his cowardice, who shrinks back at a time when a little might have saved the whole, and made them happy.
I love the man that can smile in trouble, that can gather strength from distress, and grow brave by reflection. 'Tis the business of little minds to shrink; but he whose heart is firm, and whose conscience approves his conduct, will pursue his principles unto death.
My own line of reasoning is to myself as straight and clear as a ray of light. Not all the treasures of the world, so far as I believe, could have induced me to support an offensive war, for I think it murder; but if a thief breaks into my house, burns and destroys my property, and kills or threatens to kill me, or those that are in it, and to "bind me in all cases whatsoever" to his absolute will, am I to suffer it? What signifies it to me, whether he who does it is a king or a common man; my countryman or not my countryman; whether it be done by an individual villain, or an army of them? If we reason to the root of things we shall find no difference; neither can any just cause be assigned why we should punish in the one case and pardon in the other.
Let them call me rebel and welcome, I feel no concern from it; but I should suffer the misery of devils, were I to make a whore of my soul by swearing allegiance to one whose character is that of a sottish, stupid, stubborn, worthless, brutish man.
I conceive likewise a horrid idea in receiving mercy from a being, who at the last day shall be shrieking to the rocks and mountains to cover him, and fleeing with terror from the orphan, the widow, and the slain of America.
There are cases which cannot be overdone by language, and this is one. There are persons, too, who see not the full extent of the evil which threatens them; they solace themselves with hopes that the enemy, if he succeed, will be merciful.
It is the madness of folly, to expect mercy from those who have refused to do justice; and even mercy, where conquest is the object, is only a trick of war; the cunning of the fox is as murderous as the violence of the wolf, and we ought to guard equally against both. Howe's first object is, partly by threats and partly by promises, to terrify or seduce the people to deliver up their arms and receive mercy.
The ministry recommended the same plan to Gage, and this is what the tories call making their peace, "a peace which passeth all understanding" indeed! A peace which would be the immediate forerunner of a worse ruin than any we have yet thought of.
Ye men of \JPennsylvania\j, do reason upon these things! Were the back counties to give up their arms, they would fall an easy prey to the Indians, who are all armed: this perhaps is what some Tories would not be sorry for. Were the home counties to deliver up their arms, they would be exposed to the resentment of the back counties who would then have it in their power to chastise their defection at pleasure.
And were any one state to give up its arms, that state must be garrisoned by all Howe's army of Britons and Hessians to preserve it from the anger of the rest. Mutual fear is the principal link in the chain of mutual love, and woe be to that state that breaks the compact.
Howe is mercifully inviting you to barbarous destruction, and men must be either rogues or fools that will not see it. I dwell not upon the vapors of imagination; I bring reason to your ears, and, in language as plain as A, B, C, hold up truth to your eyes.
I thank God, that I fear not. I see no real cause for fear. I know our situation well, and can see the way out of it.
While our army was collected, Howe dared not risk a battle; and it is no credit to him that he decamped from the White Plains, and waited a mean opportunity to ravage the defenceless Jerseys; but it is great credit to us, that, with a handful of men, we sustained an orderly retreat for near an hundred miles, brought off our ammunition, all our field pieces, the greatest part of our stores, and had four rivers to pass.
None can say that our retreat was precipitate, for we were near three weeks in performing it, that the country might have time to come in. Twice we marched back to meet the enemy, and remained out till dark.
The sign of fear was not seen in our camp, and had not some of the cowardly and disaffected inhabitants spread false alarms through the country, the Jerseys had never been ravaged.
Once more we are again collected and collecting; our new army at both ends of the continent is recruiting fast, and we shall be able to open the next campaign with sixty thousand men, well armed and clothed.
This is our situation, and who will may know it. By perseverance and fortitude we have the prospect of a glorious issue; by cowardice and submission, the sad choice of a variety of evils - a ravaged country - a depopulated city - habitations without safety, and \Jslavery\j without hope - our homes turned into barracks and bawdy-houses for Hessians, and a future race to provide for, whose fathers we shall doubt of.
Look on this picture and weep over it! and if there yet remains one thoughtless wretch who believes it not, let him suffer it unlamented.
Common Sense.
\B\IFor more information click on \b\i\JThomas Paine, The American Crisis (continued)\j
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"Thomas Paine, The American Crisis (continued)",94,0,0,0
December 23, 1776.
* The present winter is worth an age, if rightly employed; but, if lost or neglected, the whole continent will partake of the evil; and there is no punishment that man does not deserve, be he who, or what, or where he will, that may be the means of sacrificing a season so precious and useful. [back]
1780
The American Crisis
by Thomas Paine
Chapter II
To Lord Howe
"What's in the name of lord, that I should fear
To bring my grievance to the public ear?"
Churchill.
UNIVERSAL empire is the prerogative of a writer. His concerns are with all mankind, and though he cannot command their obedience, he can assign them their duty.
The Republic of Letters is more ancient than monarchy, and of far higher character in the world than the \Jvassal\j court of Britain; he that rebels against reason is a real rebel, but he that in defence of reason rebels against tyranny has a better title to "Defender of the Faith," than George the Third.
As a military man your lordship may hold out the sword of war, and call it the "ultima ratio regum": the last reason of kings; we in return can show you the sword of justice, and call it "the best scourge of tyrants." The first of these two may threaten, or even frighten for a while, and cast a sickly languor over an insulted people, but reason will soon recover the debauch, and restore them again to tranquil fortitude.
Your lordship, I find, has now commenced author, and published a proclamation; I have published a Crisis. As they stand, they are the antipodes of each other; both cannot rise at once, and one of them must descend; and so quick is the revolution of things, that your lordship's performance, I see, has already fallen many degrees from its first place, and is now just visible on the edge of the political horizon.
It is surprising to what a pitch of infatuation, blind folly and obstinacy will carry mankind, and your lordship's drowsy proclamation is a proof that it does not even quit them in their sleep. Perhaps you thought America too was taking a nap, and therefore chose, like Satan to Eve, to whisper the delusion softly, lest you should awaken her. This continent, sir, is too extensive to sleep all at once, and too watchful, even in its slumbers, not to startle at the unhallowed foot of an invader.
You may issue your proclamations, and welcome, for we have learned to "reverence ourselves," and scorn the insulting ruffian that employs you. America, for your deceased brother's sake, would gladly have shown you respect and it is a new aggravation to her feelings, that Howe should be forgetful, and raise his sword against those, who at their own charge raised a monument to his brother. But your master has commanded, and you have not enough of nature left to refuse.
Surely there must be something strangely degenerating in the love of monarchy, that can so completely wear a man down to an ingrate, and make him proud to lick the dust that kings have trod upon.
A few more years, should you survive them, will bestow on you the title of "an old man": and in some hour of future reflection you may probably find the fitness of Wolsey's despairing penitence - "had I served my God as faithful as I have served my king, he would not thus have forsaken me in my old age."
The character you appear to us in, is truly ridiculous. Your friends, the Tories, announced your coming, with high descriptions of your unlimited powers; but your proclamation has given them the lie, by showing you to be a commissioner without authority.
Had your powers been ever so great they were nothing to us, further than we pleased; because we had the same right which other nations had, to do what we thought was best.
"The United States of America," will sound as pompously in the world or in history, as "the kingdom of Great Britain"; the character of General Washington will fill a page with as much lustre as that of Lord Howe: and the Congress have as much right to command the king and Parliament in London to desist from legislation, as they or you have to command the Congress.
Only suppose how laughable such an edict would appear from us, and then, in that merry mood, do but turn the tables upon yourself, and you will see how your proclamation is received here.
Having thus placed you in a proper position in which you may have a full view of your folly, and learn to despise it, I hold up to you, for that purpose, the following quotation from your own lunarian proclamation. - "And we (Lord Howe and General Howe) do command (and in his majesty's name forsooth) all such persons as are assembled together, under the name of general or provincial congresses, committees, conventions or other associations, by whatever name or names known and distinguished, to desist and cease from all such treasonable actings and doings."
You introduce your proclamation by referring to your declarations of the 14th of July and 19th of September. In the last of these you sunk yourself below the character of a private gentleman. That I may not seem to accuse you unjustly, I shall state the circumstance: by a verbal invitation of yours, communicated to Congress by General Sullivan, then a prisoner on his parole, you signified your desire of conferring with some members of that body as private gentlemen.
It was beneath the dignity of the American Congress to pay any regard to a message that at best was but a genteel affront, and had too much of the ministerial complexion of tampering with private persons; and which might probably have been the case, had the gentlemen who were deputed on the business possessed that kind of easy virtue which an English courtier is so truly distinguished by.
Your request, however, was complied with, for honest men are naturally more tender of their civil than their political fame. The interview ended as every sensible man thought it would; for your lordship knows, as well as the writer of the Crisis, that it is impossible for the King of England to promise the repeal, or even the revisal of any acts of parliament; wherefore, on your part, you had nothing to say, more than to request, in the room of demanding, the entire surrender of the continent; and then, if that was complied with, to promise that the inhabitants should escape with their lives. This was the upshot of the conference.
You informed the conferees that you were two months in soliciting these powers. We ask, what powers? for as commissioner you have none. If you mean the power of pardoning, it is an oblique proof that your master was determined to sacrifice all before him; and that you were two months in dissuading him from his purpose.
Another evidence of his savage obstinacy! From your own account of the matter we may justly draw these two conclusions: 1st, That you serve a monster; and 2d, That never was a messenger sent on a more foolish errand than yourself.
This plain language may perhaps sound uncouthly to an ear vitiated by courtly refinements, but words were made for use, and the fault lies in deserving them, or the abuse in applying them unfairly.
Soon after your return to New York, you published a very illiberal and unmanly handbill against the Congress; for it was certainly stepping out of the line of common civility, first to screen your national pride by soliciting an interview with them as private gentlemen, and in the conclusion to endeavor to deceive the multitude by making a handbill attack on the whole body of the Congress; you got them together under one name, and abused them under another.
But the king you serve, and the cause you support, afford you so few instances of acting the gentleman, that out of pity to your situation the Congress pardoned the insult by taking no notice of it.
You say in that handbill, "that they, the Congress, disavowed every purpose for reconciliation not consonant with their extravagant and inadmissible claim of independence." Why, God bless me! what have you to do with our independence?
We ask no leave of yours to set it up; we ask no money of yours to support it; we can do better without your fleets and armies than with them; you may soon have enough to do to protect yourselves without being burdened with us.
We are very willing to be at peace with you, to buy of you and sell to you, and, like young beginners in the world, to work for our living; therefore, why do you put yourselves out of cash, when we know you cannot spare it, and we do not desire you to run into debt? I am willing, sir, that you should see your folly in every point of view I can place it in, and for that reason descend sometimes to tell you in jest what I wish you to see in earnest.
But to be more serious with you, why do you say, "their independence?" To set you right, sir, we tell you, that the independency is ours, not theirs. The Congress were authorized by every state on the continent to publish it to all the world, and in so doing are not to be considered as the inventors, but only as the heralds that proclaimed it, or the office from which the sense of the people received a legal form; and it was as much as any or all their heads were worth, to have treated with you on the subject of submission under any name whatever. But we know the men in whom we have trusted; can England say the same of her Parliament?
\B\IFor more information click on \b\i\JThomas Paine, The American Crisis (continued 2)\j
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"Thomas Paine, The American Crisis (continued 2)",95,0,0,0
I come now more particularly to your proclamation of the 30th of November last. Had you gained an entire conquest over all the armies of America, and then put forth a proclamation, offering (what you call) mercy, your conduct would have had some specious show of humanity; but to creep by surprise into a province, and there endeavor to terrify and seduce the inhabitants from their just allegiance to the rest by promises, which you neither meant nor were able to fulfil, is both cruel and unmanly: cruel in its effects; because, unless you can keep all the ground you have marched over, how are you, in the words of your proclamation, to secure to your proselytes "the enjoyment of their property?" What is to become either of your new adopted subjects, or your old friends, the Tories, in Burlington, Bordentown, Trenton, Mount Holly, and many other places, where you proudly lorded it for a few days, and then fled with the precipitation of a pursued thief? What, I say, is to become of those wretches? What is to become of those who went over to you from this city and State? What more can you say to them than "shift for yourselves?" Or what more can they hope for than to wander like vagabonds over the face of the earth? You may now tell them to take their leave of America, and all that once was theirs.
Recommend them, for consolation, to your master's court; there perhaps they may make a shift to live on the scraps of some dangling parasite, and choose companions among thousands like themselves. A traitor is the foulest fiend on earth.
In a political sense we ought to thank you for thus bequeathing estates to the continent; we shall soon, at this rate, be able to carry on a war without expense, and grow rich by the ill policy of Lord Howe, and the generous defection of the Tories.
Had you set your foot into this city, you would have bestowed estates upon us which we never thought of, by bringing forth traitors we were unwilling to suspect. But these men, you'll say, "are his majesty's most faithful subjects;" let that honor, then, be all their fortune, and let his majesty take them to himself.
I am now thoroughly disgusted with them; they live in ungrateful ease, and bend their whole minds to mischief. It seems as if God had given them over to a spirit of infidelity, and that they are open to conviction in no other line but that of punishment.
It is time to have done with tarring, feathering, carting, and taking securities for their future good behavior; every sensible man must feel a conscious shame at seeing a poor fellow hawked for a show about the streets, when it is known he is only the tool of some principal villain, biassed into his offence by the force of false reasoning, or bribed thereto, through sad necessity.
We dishonor ourselves by attacking such trifling characters while greater ones are suffered to escape; 'tis our duty to find them out, and their proper punishment would be to exile them from the continent for ever.
The circle of them is not so great as some imagine; the influence of a few have tainted many who are not naturally corrupt. A continual circulation of lies among those who are not much in the way of hearing them contradicted, will in time pass for truth; and the crime lies not in the believer but the inventor.
I am not for declaring war with every man that appears not so warm as myself: difference of constitution, temper, habit of speaking, and many other things, will go a great way in fixing the outward character of a man, yet simple honesty may remain at bottom.
Some men have naturally a military turn, and can brave hardships and the risk of life with a cheerful face; others have not; no \Jslavery\j appears to them so great as the fatigue of arms, and no terror so powerful as that of personal danger. What can we say? We cannot alter nature, neither ought we to punish the son because the father begot him in a cowardly mood.
However, I believe most men have more courage than they know of, and that a little at first is enough to begin with. I knew the time when I thought that the whistling of a cannon ball would have frightened me almost to death; but I have since tried it, and find that I can stand it with as little discomposure, and, I believe, with a much easier conscience than your lordship.
The same dread would return to me again were I in your situation, for my solemn belief of your cause is, that it is hellish and damnable, and, under that conviction, every thinking man's heart must fail him.
From a concern that a good cause should be dishonored by the least disunion among us, I said in my former paper, No. I. "That should the enemy now be expelled, I wish, with all the sincerity of a Christian, that the names of Whig and Tory might never more be mentioned;" but there is a knot of men among us of such a venomous cast, that they will not admit even one's good wishes to act in their favor.
Instead of rejoicing that heaven had, as it were, providentially preserved this city from plunder and destruction, by delivering so great a part of the enemy into our hands with so little effusion of blood, they stubbornly affected to disbelieve it till within an hour, nay, half an hour, of the prisoners arriving; and the Quakers put forth a testimony, dated the 20th of December, signed "John Pemberton," declaring their attachment to the British government.[1] These men are continually harping on the great sin of our bearing arms, but the king of Britain may lay waste the world in blood and \Jfamine\j, and they, poor fallen souls, have nothing to say.
In some future paper I intend to distinguish between the different kind of persons who have been denominated Tories; for this I am clear in, that all are not so who have been called so, nor all men \JWhigs\j who were once thought so; and as I mean not to conceal the name of any true friend when there shall be occasion to mention him, neither will I that of an enemy, who ought to be known, let his rank, station or religion be what it may.
Much pains have been taken by some to set your lordship's private character in an amiable light, but as it has chiefly been done by men who know nothing about you, and who are no ways remarkable for their attachment to us, we have no just authority for believing it.
George the Third has imposed upon us by the same arts, but time, at length, has done him justice, and the same fate may probably attend your lordship. You avowed purpose here is to kill, conquer, plunder, pardon, and enslave: and the ravages of your army through the Jerseys have been marked with as much barbarism as if you had openly professed yourself the prince of ruffians; not even the appearance of humanity has been preserved either on the march or the retreat of your troops; no general order that I could ever learn, has ever been issued to prevent or even forbid your troops from robbery, wherever they came, and the only instance of justice, if it can be called such, which has distinguished you for impartiality, is, that you treated and plundered all alike; what could not be carried away has been destroyed, and mahogany furniture has been deliberately laid on fire for fuel, rather than the men should be fatigued with cutting wood.[2]
There was a time when the \JWhigs\j confided much in your supposed candor, and the Tories rested themselves in your favor; the experiments have now been made, and failed; in every town, nay, every cottage, in the Jerseys, where your arms have been, is a testimony against you.
How you may rest under this sacrifice of character I know not; but this I know, that you sleep and rise with the daily curses of thousands upon you; perhaps the misery which the Tories have suffered by your proffered mercy may give them some claim to their country's pity, and be in the end the best favor you could show them.
In a folio general-order book belonging to Col. Rhal's battalion, taken at Trenton, and now in the possession of the council of safety for this state, the following barbarous order is frequently repeated, "His excellency the Commander-in-Chief orders, that all inhabitants who shall be found with arms, not having an officer with them, shall be immediately taken and hung up."
How many you may thus have privately sacrificed, we know not, and the account can only be settled in another world. Your treatment of prisoners, in order to distress them to enlist in your infernal service, is not to be equalled by any instance in Europe.
Yet this is the humane Lord Howe and his brother, whom the Tories and their three-quarter kindred, the Quakers, or some of them at least, have been holding up for patterns of justice and mercy!
A bad cause will ever be supported by bad means and bad men; and whoever will be at the pains of examining strictly into things, will find that one and the same spirit of oppression and impiety, more or less, governs through your whole party in both countries: not many days ago, I accidentally fell in company with a person of this city noted for espousing your cause, and on my remarking to him, "that it appeared clear to me, by the late providential turn of affairs, that God Almighty was visibly on our side," he replied, "We care nothing for that you may have Him, and welcome; if we have but enough of the devil on our side, we shall do."
However carelessly this might be spoken, matters not, 'tis still the insensible principle that directs all your conduct and will at last most assuredly deceive and ruin you.
If ever a nation was made and foolish, blind to its own interest and bent on its own destruction, it is Britain. There are such things as national sins, and though the punishment of individuals may be reserved to another world, national punishment can only be inflicted in this world.
Britain, as a nation, is, in my inmost belief, the greatest and most ungrateful offender against God on the face of the whole earth. Blessed with all the commerce she could wish for, and furnished, by a vast extension of dominion, with the means of civilizing both the eastern and western world, she has made no other use of both than proudly to idolize her own "thunder," and rip up the bowels of whole countries for what she could get.
Like Alexander, she has made war her sport, and inflicted misery for prodigality's sake. The blood of India is not yet repaid, nor the wretchedness of Africa yet requited. Of late she has enlarged her list of national cruelties by her butcherly destruction of the Caribbs of St. Vincent's, and returning an answer by the sword to the meek prayer for "Peace, liberty and safety."
These are serious things, and whatever a foolish tyrant, a debauched court, a trafficking legislature, or a blinded people may think, the national account with heaven must some day or other be settled: all countries have sooner or later been called to their reckoning; the proudest empires have sunk when the balance was struck; and Britain, like an individual penitent, must undergo her day of sorrow, and the sooner it happens to her the better. As I wish it over, I wish it to come, but withal wish that it may be as light as possible.
Perhaps your lordship has no taste for serious things; by your connections in England I should suppose not; therefore I shall drop this part of the subject, and take it up in a line in which you will better understand me.
By what means, may I ask, do you expect to conquer America? If you could not effect it in the summer, when our army was less than yours, nor in the winter, when we had none, how are you to do it? In point of generalship you have been outwitted, and in point of fortitude outdone; your advantages turn out to your loss, and show us that it is in our power to ruin you by gifts: like a game of drafts, we can move out of one square to let you come in, in order that we may afterwards take two or three for one; and as we can always keep a double corner for ourselves, we can always prevent a total defeat.
You cannot be so insensible as not to see that we have two to one the advantage of you, because we conquer by a drawn game, and you lose by it. Burgoyne might have taught your lordship this knowledge; he has been long a student in the doctrine of chances.
I have no other idea of conquering countries than by subduing the armies which defend them: have you done this, or can you do it? If you have not, it would be civil in you to let your proclamations alone for the present; otherwise, you will ruin more Tories by your grace and favor, than you will \JWhigs\j by your arms.
Were you to obtain possession of this city, you would not know what to do with it more than to plunder it. To hold it in the manner you hold New York, would be an additional dead weight upon your hands; and if a general conquest is your object, you had better be without the city than with it.
When you have defeated all our armies, the cities will fall into your hands of themselves; but to creep into them in the manner you got into Princeton, Trenton, &c. is like robbing an orchard in the night before the fruit be ripe, and running away in the morning.
Your experiment in the Jerseys is sufficient to teach you that you have something more to do than barely to get into other people's houses; and your new converts, to whom you promised all manner of protection, and seduced into new guilt by pardoning them from their former virtues, must begin to have a very contemptible opinion both of your power and your policy.
Your authority in the Jerseys is now reduced to the small circle which your army occupies, and your proclamation is no where else seen unless it be to be laughed at.
The mighty subduers of the continent have retreated into a nutshell, and the proud forgivers of our sins are fled from those they came to pardon; and all this at a time when they were despatching vessel after vessel to England with the great news of every day. In short, you have managed your Jersey expedition so very dexterously, that the dead only are conquerors, because none will dispute the ground with them.
In all the wars which you have formerly been concerned in you had only armies to contend with; in this case you have both an army and a country to combat with. In former wars, the countries followed the fate of their capitals; Canada fell with Quebec, and \JMinorca\j with Port Mahon or St. Phillips; by subduing those, the conquerors opened a way into, and became masters of the country: here it is otherwise; if you get possession of a city here, you are obliged to shut yourselves up in it, and can make no other use of it, than to spend your country's money in.
This is all the advantage you have drawn from New York; and you would draw less from Philadelphia, because it requires more force to keep it, and is much further from the sea.
A pretty figure you and the Tories would cut in this city, with a river full of ice, and a town full of fire; for the immediate consequence of your getting here would be, that you would be cannonaded out again, and the Tories be obliged to make good the damage; and this sooner or later will be the fate of New York.
I wish to see the city saved, not so much from military as from natural motives. 'Tis the hiding place of women and children, and Lord Howe's proper business is with our armies. When I put all the circumstances together which ought to be taken, I laugh at your notion of conquering America.
\B\IFor more information click on \b\i\JThomas Paine, The American Crisis (continued 3)\j
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"Thomas Paine, The American Crisis (continued 3)",96,0,0,0
Because you lived in a little country, where an army might run over the whole in a few days, and where a single company of soldiers might put a multitude to the rout, you expected to find it the same here.
It is plain that you brought over with you all the narrow notions you were bred up with, and imagined that a proclamation in the king's name was to do great things; but Englishmen always travel for knowledge, and your lordship, I hope, will return, if you return at all, much wiser than you came.
We may be surprised by events we did not expect, and in that interval of recollection you may gain some temporary advantage: such was the case a few weeks ago, but we soon ripen again into reason, collect our strength, and while you are preparing for a triumph, we come upon you with a defeat.
Such it has been, and such it would be were you to try it a hundred times over. Were you to garrison the places you might march over, in order to secure their subjection, (for remember you can do it by no other means,) your army would be like a stream of water running to nothing.
By the time you extended from New York to Virginia, you would be reduced to a string of drops not capable of hanging together; while we, by retreating from State to State, like a river turning back upon itself, would acquire strength in the same proportion as you lost it, and in the end be capable of overwhelming you.
The country, in the meantime, would suffer, but it is a day of suffering, and we ought to expect it. What we contend for is worthy the affliction we may go through. If we get but bread to eat, and any kind of raiment to put on, we ought not only to be contented, but thankful.
More than that we ought not to look for, and less than that heaven has not yet suffered us to want. He that would sell his birthright for a little salt, is as worthless as he who sold it for pottage without salt; and he that would part with it for a gay coat, or a plain coat, ought for ever to be a slave in buff. What are salt, sugar and finery, to the inestimable blessings of "Liberty and Safety!" Or what are the inconveniences of a few months to the tributary bondage of ages?
The meanest peasant in America, blessed with these sentiments, is a happy man compared with a New York Tory; he can eat his morsel without repining, and when he has done, can sweeten it with a repast of wholesome air; he can take his child by the hand and bless it, without feeling the conscious shame of neglecting a parent's duty.
In publishing these remarks I have several objects in view.
On your part they are to expose the folly of your pretended authority as a commissioner; the wickedness of your cause in general; and the impossibility of your conquering us at any rate.
On the part of the public, my intention is, to show them their true and sold interest; to encourage them to their own good, to remove the fears and falsities which bad men have spread, and weak men have encouraged; and to excite in all men a love for union, and a cheerfulness for duty.
I shall submit one more case to you respecting your conquest of this country, and then proceed to new observations.
Suppose our armies in every part of this continent were immediately to disperse, every man to his home, or where else he might be safe, and engage to reassemble again on a certain future day; it is clear that you would then have no army to contend with, yet you would be as much at a loss in that case as you are now; you would be afraid to send your troops in parties over to the continent, either to disarm or prevent us from assembling, lest they should not return; and while you kept them together, having no arms of ours to dispute with, you could not call it a conquest; you might furnish out a pompous page in the London Gazette or a New York paper, but when we returned at the appointed time, you would have the same work to do that you had at first.
It has been the folly of Britain to suppose herself more powerful than she really is, and by that means has arrogated to herself a rank in the world she is not entitled to: for more than this century past she has not been able to carry on a war without foreign assistance.
In Marlborough's campaigns, and from that day to this, the number of German troops and officers assisting her have been about equal with her own; ten thousand Hessians were sent to England last war to protect her from a French invasion; and she would have cut but a poor figure in her Canadian and West Indian expeditions, had not America been lavish both of her money and men to help her along.
The only instance in which she was engaged singly, that I can recollect, was against the rebellion in Scotland, in the years 1745 and 1746, and in that, out of three battles, she was twice beaten, till by thus reducing their numbers, (as we shall yours) and taking a supply ship that was coming to Scotland with clothes, arms and money, (as we have often done,) she was at last enabled to defeat them.
England was never famous by land; her officers have generally been suspected of cowardice, have more of the air of a dancing-master than a soldier, and by the samples which we have taken prisoners, we give the preference to ourselves.
