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APPENDIX TO VOLUME FIRST - Mercy Otis Warren, History of the Rise, Progress, and Termination of the American Revolution vol. 1 [1805]Edition used:History of the Rise, Progress, and Termination of the American Revolution interspersed with Biographical, Political and Moral Observations, in Two Volumes, Foreword by Lester H. Cohen (Indianapolis: Liberty Fund 1994). Vol. 1.
Part of: History of the Rise, Progress, and Termination of the American Revolution 2 vols.About Liberty Fund:Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals. Copyright information:The copyright to this edition, in both print and electronic forms, is held by Liberty Fund, Inc. Fair use statement:This material is put online to further the educational goals of Liberty Fund, Inc. Unless otherwise stated in the Copyright Information section above, this material may be used freely for educational and academic purposes. It may not be used in any way for profit.
APPENDIX TO VOLUME FIRST[403] The reader’s curiosity may be gratified by the perusal of a few particulars relative to the Plymouth settlers, from their earliest memorials. One hundred and one persons left Holland, all of whom arrived at Plymouth in the month of December, one thousand six hundred and twenty. From the sufferings and hardships they sustained, more than half their number died before the end of March, one thousand six hundred and twenty-one. Several weeks elapsed after their arrival at Plymouth, before they saw any of the natives. About the middle of March, an Indian chief named Samoset appeared, and abruptly exclaimed, “welcome English.” This Indian had formerly been a prisoner to some Europeans, and had learnt a little of their language. By him they found that a pestilence had raged among the bordering nations, that had swept them all off within the limits of Cape Cod and Braintree Bay, two or three years before. This was corroborated by the vast number of graves, and sepulchral mounds and holes they had observed, in which the dead were interred, in all the grounds they had explored. Samoset informed them, that Massasoit was a neighbouring chief, who held jurisdiction over several other tribes. This induced the English to send him a friendly message by Samoset, which was faithfully delivered. The great sachem soon came forward in an amicable manner, and entered into a treaty of peace with this handful of strangers. Names of the gentlemen delegated to meet at New York, in one thousand seven hundred and sixty-five, [409] on occasion of the stamp-act: with the resolves of this first American congress.
The congress met according to adjournment, and resumed, &c. as yesterday, and upon mature deliberation, agreed to the following declarations of the rights and grievances of the colonists in America, which were ordered to be inserted in their journals. 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 labor, by reason of several late acts of parliament.
After these resolves, they chose Thomas Lynch, James Otis, and Thomas McKean, Esquires, to prepare a petition to the house of commons. An address to the king and to the house of lords, was also prepared and forwarded. Copy from Mr. Dickenson’s original letter to Mr. Otis, accompanying the celebrated Farmer’s Letters. Philadephia, Dec. 5, 1767 Dear Sir, The liberties of our common country appear to me to be at this moment exposed to the most imminent [413] danger; and this apprehension has engaged me to lay my sentiments before the public in letters, of which I send you a copy. Only one has been yet published; and what their effect may be cannot yet be known. But whenever the cause of American freedom is to be vindicated, I look towards the province of Massachusetts Bay. She must, as she has hitherto done, first kindle the sacred flame, that on such occasions must warm and illuminate this continent. Words are wanting to express my sense of the vigilance, perseverance, spirit, prudence, resolution, and firmness, with which your colony has distinguished herself, in our unhappy times. May God ever grant her noble labors the same successful issue which was obtained by the repeal of the stamp-act. In my gratitude to your province in general, I do not forget the obligations which all Americans are under to you in particular, for the indefatigable zeal and undaunted courage you have shewn in defending their rights. My opinion of your love for your country, induces me to commit to your hands the enclosed letters, to be disposed of as you think proper, not intending to give out any other copy. I have shewn them to three men of learning here, who are my friends. They think with me, that the most destructive consequences must follow, if these colonies do not instantly, vigorously, and unanimously unite themselves, in the same manner they did against the stamp-act. Perhaps they and I are mistaken: I therefore send the piece containing the reasons for this opinion, to you, who I know can determine its true worth; and if you can discover no other merit in it, permit me at least to claim the merit of having wrote it with the most ardent affection for the British colonies, the purest intentions to promote their welfare, an honest desire [414] to assert their rights, and with a deep sense of their impending misfortunes. Our cause is a cause of the highest dignity: it is nothing less than to maintain the liberty with which Heaven itself ‘hath made us free.’ I hope it will not be disgraced in any colony by a single rash step. We have constitutional methods of seeking redress, and they are the best methods. This subject leads me to inform you with pleasure, because I think it must give you pleasure, that the moderation of your conduct in composing the minds of your fellow-citizens, has done you the highest credit with us. You may be assured I feel a great satisfaction in hearing your praises; for every thing that advances your reputation or interest, will always afford sincere joy to, dear sir, Your most affectionate, andMost humble servant,John Dickenson Hon. James Otis, jun. Esq. [John Dickinson to James Otis, Jr., December 5, 1767, in WAL, I: 3–4.] This measure had been contemplated by several gentlemen, a year or two before it took place; among others, by the learned and excellent doctor Jonathan Mayhew of Boston: see the annexed letter, written by him soon after the repeal of the stamp-act. The abilities, virtue, and patriotism of doctor Mayhew, were so distinguished, that the following fragment may be pleasing and particularly impressive, as it was the last letter he ever wrote to any one, and within three days after its date, this great and good man closed his eyes on the politics and vanities of human life. Lord’s day morning, June 8, 1766
Sir,To a good man all time is holy enough, and none too holy to do good, or to think upon it. Cultivating a good understanding and hearty friendship between these colonies and their several houses of assembly, appears to me to be so necessary a part of prudence and good policy, all things considered, that no favorable opportunity for that purpose ought to be omitted: I think such an one now presents. Would it not be very proper and decorous, for our assembly to send circular congratulatory letters to all the rest, without exception, on the repeal, and the present favorable aspect of things? Letters conceived at once in terms of warm friendship and regard to them, of loyalty to the king, of filial affection towards the mother country, and intimating a desire to cement and perpetuate union among ourselves, by all practicable and laudable methods? A good foundation is already laid for this latter, by the late congress, which in my poor opinion was a wise measure, and actually contributed not a little towards our obtaining a redress of grievances, however some may affect to disparage it. Pursuing this track, and never losing sight of it, may be of the utmost importance to the colonies, on some future occasions, perhaps the only means of perpetuating their liberties; for what may be hereafter we cannot tell, how favorable soever present appearances may be. It is not safe for the colonies to sleep, since they will probably always have some wakeful enemies in Britain; and if they should be such children as to do so, I hope there are at least some persons too much of men, and friends to them, to rock the cradle, or sing lullaby to them. You have heard of the communion of churches, and I am very early to-morrow morning to set out for Rutland, [416] to assist at an ecclesiastical council. Not expecting to return this week, while I was thinking of this in my bed, with the dawn of day, the great use and importance of a communion of colonies, appeared to me in a very strong light, which determined me immediately to set down these hints, in order to transmit them to you. Not knowing but the house may be prorogued or dissolved before my return, or having an opportunity to speak to you, you will make such a use of them as you think proper, or none at all. I am, sir,Your most obedient,Humble servant,Jonathan Mayhew Copy of the circular letter which was sent from the house of representatives of the province of Massachusetts Bay, to the speakers of the respective houses of representatives and burgesses on the continent of North America. Province of the Massachusetts Bay, Feb. 11, 1768 Sir,The house of representatives of this province have taken into their serious consideration, the great difficulties that must accrue to themselves and their constituents, by the operation of the several acts of parliament imposing duties and taxes on the American colonies. As it is a subject in which every colony is deeply interested, they have no reason to doubt but your house is duly impressed with its importance, and that such constitutional measures will be come into as are proper. It seems to be necessary, that all possible care should be taken that the representations of the several assemblies, upon so delicate a point, should harmonize with each other: the house therefore hope that this letter will be candidly considered, in no other light than as expressing a disposition freely to communicate their mind to a sister colony, upon a common concern, in the same manner as they would be glad to receive the sentiments of your, or any other house, of assembly on the continent. The house have humbly represented to the ministry their own sentiments; that his majesty’s high court of parliament is the supreme legislative power over the whole empire; that in all free states the constitution is fixed; and as the supreme legislative derives its power and authority from the constitution, it cannot overleap the bounds of it, without destroying its foundation. That the constitution ascertains and limits both sovereignty and allegiance; and therefore his majesty’s American subjects, who acknowledge themselves bound by the ties of allegiance, have an equitable claim to the full enjoyment of the fundamental rules of the British constitution. That it is an essential, unalterable right in nature, engrafted into the British constitution as a fundamental [418] law, and ever held sacred and irrevocable by the subjects within the realm, that what a man hath honestly acquired, is absolutely his own, which he may freely give, but cannot be taken from him without his consent. That the American subjects may therefore, exclusive of any consideration of charter rights, with a decent firmness, adapted to the character of free men and subjects, assert this natural, constitutional right. It is moreover their humble opinion, which they express with the greatest deference to the wisdom of the parliament, that the acts made there, imposing duties on the people of this province for the sole and express purpose of raising a revenue, are infringements of their natural and constitutional rights. Because as they are not represented in the British parliament, his majesty’s commons in Britain, by those acts grant their property without their consent. The house further are of opinion that their constituents, considering their local circumstances, cannot by any possibility be represented in the parliament; and that it will forever be impracticable that they should be equally represented there, and consequently not at all, being separated by an ocean of a thousand leagues. That his majesty’s royal predecessors for this reason were graciously pleased to form a subordinate legislative here, that their subjects might enjoy the unalienable right of a representation. Also that considering the utter impracticability of their ever being fully and equally represented in parliament, and the great expense that must unavoidably attend even a partial representation there, this house think that a taxation of their constituents, even without their consent, grievous as it is, would be preferable to any representation that could be admitted for them there. Upon these principles, and also considering that were the rights in the parliament ever so clear, yet for obvious [419] reasons it would be beyond the rule of equity, that their constituents should be taxed on the manufactures of Great Britain here, in addition to the duties they pay for them in England, and other advantages arising to Great Britain from the acts of trade; this house have preferred a humble, dutiful, and loyal petition to our most gracious sovereign, and made such representations to his majesty’s ministers, as they apprehend would tend to obtain redress. They have also submitted to consideration, whether any people can be said to enjoy any degree of freedom, if the crown in addition to its undoubted authority of constituting a governor, should appoint him such a stipend as it should judge proper, without the consent of the people, and at their expense: and whether while the judges of the land and other civil officers, hold not their commissions during good behaviour, their having salaries appointed for them by the crown, independent of the people, hath not a tendency to subvert the principles of equity, and endanger the happiness and security of the subject. In addition to these measures, the house have wrote a letter to their agent, Mr. De Berdt, the sentiments of which he is directed to lay before the ministry; wherein they take notice of the hardship of the act for preventing mutiny and desertion, which requires the governor and council to provide enumerated articles for the king’s marching troops, and the people to pay the expense; and also the commission of the gentlemen appointed commissioners of the customs, to reside in America, which authorizes them to make as many appointments as they think fit, and to pay the appointees what sums they please, for whose mal-conduct they are not accountable. From whence it may happen that officers of the crown may be multiplied to such a degree, as to become dangerous to the liberty of the people, by virtue of a commission which doth not appear to this house to derive any such advantages to trade as many have been led to expect. [420] These are the sentiments and proceedings of this house; and as they have too much reason to believe that the enemies of the colonies have represented them to his majesty’s ministers, and the parliament, as factious, disloyal, and having a disposition to make themselves independent of the mother country, they have taken occasion in the most humble terms, to assure his majesty and his ministers, that with regard to the people of this province, and as they doubt not of all the colonies, that the charge is unjust. The house is fully satisfied that your assembly is too generous, and enlarged in sentiment, to believe that this letter proceeds from an ambition of taking the lead, or dictating to the other assemblies; they freely submit their opinion to the judgment of others, and shall take it kind in your house to point out to them any thing further that may be thought necessary. This house cannot conclude without expressing their firm confidence in the king, our common head and father, that the united and dutiful supplications of his distressed American subjects will meet with his royal and favorable acceptance. (Signed by the Speaker) A copy of the above letter was also, by order of the house, sent to Dennis De Berdt, Esq. agent to the province in London, that he might make use of it, if necessary, to prevent any misrepresentations in England. A few extracts from the letters of Mr. Hutchinson to Mr. Jackson, Bollan, and others, the year previous to the disturbance in March, one thousand seven hundred [421] and seventy, fully evince his sentiments of stationing and retaining troops in the capital of the Massachusetts. Boston, January, 1769 Dear Sir,I sent you under a blank cover, by way of Bristol and Glasgow, the account of proceedings in New York assembly, which you will find equal to those of the Massachusetts. Perhaps if they had no troops, the people too would have run riot as we did. Five or six men of war, and three or four regiments, disturb nobody but some of our grave people, who do not love assemblies and concerts, and cannot bear the noise of drums upon a Sunday. I know I have not slept in town any three months these two years, in so much tranquillity, as I have done the three months since the troops came. Extract of a letter from Mr. Bollan to Mr. Hutchinson. Henrietta Street, August 11, 1767 Mr. Paxton has several times told me, that you and some other of my friends were of opinion, that standing troops were necessary to support the authority of the government at Boston, and that he was authorized to inform me this was your and their opinion. I need not say that I hold in the greatest abomination such outrages that have taken place among you, and am sensible it is the duty of all charter, or other subordinate governments, to take due care, and punish such proceedings; and that all governments must be supported by force, when necessary; yet we must remember how often standing forces have introduced greater mischiefs than they retrieved, and I am apprehensive that your distant situation from the centre of all civil and military power, might in this case, sooner or later, subject you to peculiar difficulties. [422] When Malcolm’s bad behaviour made a stir here, a minister who seemed inclined to make use of standing forces, supposing this might not be agreeable to me, I avoided giving an opinion, which then appeared needless and improper, but afterwards, when it was confidently said, that preparations were making to send a considerable number of standing troops, in order to compel obedience, I endeavoured to prevent it. Mr. Bollan goes on to observe, that “he had informed some influential gentlemen in England, that he had the highest reason to believe, that whoever should be instrumental in sending over standing troops in America, would be cursed to all posterity.” Extract from governor Hutchinson’s letters to governor Pownal. It is uncertain on what occasion the following assertion was made, but it discovers the spirit and wishes of the writer. Boston, June 22, 1772 The union of the colonies is pretty well broke; I hope I shall never see it renewed. Indeed our sons of liberty are hated and despised by their former brethren in New York and Pennsylvania, and it must be something very extraordinary ever to reconcile them. Extracts from Mr. Hutchinson’s letters to Mr. Jackson, Pownal, and others. Boston, August 27, 1772 But before America is settled in peace, it would be necessary to go to the bottom of all the disorder, which has been so long neglected already. The opinion that every colony has a legislature within itself, [423] the acts and doings of which are not to be controlled by parliament, and that no legislative power ought to be exercised over the colonies, except by their respective legislatures, gains ground every day, and it has an influence upon all the executive parts of government. Grand juries will not present; petit juries will not convict the highest offenders against acts of parliament: our newspapers publickly announce this independence every week; and, what is much more, there is scarce an assembly which has not done it at one time or another. The assembly of this province has done as much the last session by their public votes and resolves, and by an address which they have sent to doctor Franklin, to be presented to the king; so there is sufficient grounds for parliament to proceed, if there is a disposition. What, it will be said, can be done? A test as general as the oaths required instead of the oaths of allegiance and supremacy, would be most effectual; but this there is reason to fear would throw America into a general confusion, and I doubt the expediency. But can less be done than affixing penalties, and disqualifications or incapacities, upon all who by word or writing shall deny or call in question the supreme authority of parliament over all parts of the British dominions? Can it be made necessary for all judges to be under oath, to observe all acts of parliament in their judgments? And may not the oaths of all jurors, grand and petit, be so framed as to include acts of parliament as the rule of law, as well as law in general terms? And for assemblies or bodies of men, who shall deny the authority of parliament, may not all their subsequent proceedings be declared to be ipso facto null and void, and every member who shall continue to act in such assembly be subject to penalties and incapacities? I suggest these things for consideration. Every thing depends upon the settlement of this grand point. We owe much of our troubles to the countenance given by some in England to this doctrine of independence. If the people were convinced that the nation with one voice condemned the doctrine, or that parliament at all (424] events, was determined to maintain its supremacy, we should soon be quiet. The demagogues who generally have no property, would continue their endeavours to inflame the minds of the people for some time; but the people in general have real estates, which they would not run the hazard of forfeiting, by any treasonable measures. If nothing more can be done, there must be further provisions for carrying the act of trade into execution, which I am informed administration are very sensible of, and have measures in contemplation. Thus you have a few of my sudden thoughts, which I must pray you not to communicate as coming from me, lest I should be supposed here to have contributed to any future proceedings respecting America. I have only room to add that I am, with sincere respect and esteem, Your’s, &c.[Private] Boston, December 8, 1772
Dear Sir,They succeed in their unwearied endeavours to propagate the doctrine of independence upon parliament, and the mischiefs of it every day increase. I believe I have repeatedly mentioned to you my opinion of the necessity of parliament’s taking some measures to prevent the spread of this doctrine, as well as to guard against the mischiefs of it. It is more difficult now, than it was the last year, and it will become more and more so every year it is neglected, until it is utterly impracticable. If I consulted nothing but my own ease and quiet, I would propose neglect and contempt of every affront offered to parliament by the little American assemblies, but I should be false to the king, and betray the trust he has reposed in me. * * * You see no difference between the case of the colonies and that of Ireland. I care not in [425] how favorable a light you look upon the colonies, if it does not separate us from you. You will certainly find it more difficult to retain the colonies, than you do Ireland. Ireland is near and under your constant inspection. All officers are dependent, and removable at pleasure. The colonies are remote, and the officers generally more disposed to please the people than the king, or his representative. In the one, you have always the ultima ratio; in the other, you are either destitute of it, or you have no civil magistrate to direct the use of it. Indeed, to prevent a general revolt, the naval power may for a long course of years be sufficient, but to preserve the peace of the colonies, and to continue them beneficial to the mother country, this will be to little purpose; but I am writing to a gentleman who knows these things better than I do. Boston, January, 1773
My Dear Sir,I have not answered your very kind and confidential letter of the 6th of October. Nothing could confirm me more in my own plan of measures for the colonies, than finding it to agree with your sentiments. You know I have been begging for measures to maintain the supremacy of parliament. Whilst it is suffered to be denied, all is confusion, and the opposition to government is continually gaining strength. Boston, April 19, 1773
Dear Sir,Our patriots say that the votes of the town of Boston, which they sent to Virginia, have produced the resolves of the assembly there, appointing a committee of correspondence; and I have no doubt it is their expectation, [426] that a committee for the same purpose will be appointed by most of the other assemblies on the continent. If any thing therefore be done by parliament respecting America, it now seems necessary that it should be general, and not confined to particular colonies, as the same spirit prevails every where, though not in the like degree. Boston, October 18, 1773
[Private.] Dear Sir,The leaders of the party give out openly that they must have another convention of all the colonies; and the speaker has made it known to several of the members, that the agent in England recommends it as a measure necessary to be engaged in without delay, and proposes, in order to bring the dispute to a crisis, that the rights of the colonies should be there solemnly and fully asserted and declared; that there should be a firm engagement with each other, that they will never grant any aid to the crown, even in case of war, unless the king and the two houses of parliament first recognize those rights; and that the resolution should be immediately communicated to the crown; and assures them, that in this way they will finally obtain their end. I am not fond of conveying this sort of intelligence; but as I have the fullest evidence of the fact, I do not see how I can be faithful to my trust and neglect it; therefore, though I consider this a private letter, yet I leave it to you to communicate this part of it, so far as his majesty’s service may require, and as I have nothing but that in view, I wish it may go no further. The measure appears to me, of all others, the most likely to rekindle a general flame in the colonies. The above extracts were taken from governor Hutchinson’s letter book, found after he repaired to England, deposited [427] in a secret corner of his house at Milton. If the reader wishes a further gratification of his curiosity in regard to the subtil stratagems of Mr. Hutchinson, he is referred to the whole collection, as published in England. Names of the members of the American congress, in one thousand seven hundred and seventy-four.
[428] Extract of a letter from governor Hutchinson to commodore Gambier. Boston, June 30, 1772 Dear Sir,* * * Our last ships carried you the news of the burning the Gaspee schooner at Providence. I hope if there should be another like attempt, some concerned in it may be taken prisoners and carried directly to England. A few punished at Execution Dock, would be the only effectual preventive of any further attempts. . On the same subject, to secretary Pownal. Boston, August 29, 1772 Dear Sir,I troubled you with a long letter the 21st of July. Give me leave now only to add one or two things which I then intended, but to avoid being too tedious, omitted. People in this province, both friends and enemies to government, are in great expectations from the late affair at Rhode Island of burning the king’s schooner, and they consider the manner in which the news of it will be received in England, and the measures to be taken, as decisive. If it is passed over without a full inquiry and due resentment, our liberty people will think they may with impunity commit any acts of violence, be they ever so atrocious, and the friends to government will despond, and give up all hopes of being able to withstand the faction. The persons who were the immediate actors, are men of estate and property in the colony. A prosecution is impossible. If ever the government of that [429] colony is to be reformed, this seems to be the time, and it would have a happy effect in the colonies which adjoin to it. Several persons have been advised by letters from their friends, that as the ministry are united, and opposition at an end, there will certainly be an inquiry into the state of America, the next session of parliament. The denial of the supremacy of parliament, and the contempt with which its authority has been treated by the Lilliputian assemblies of America, can never be justified or excused by any one member of either house of parliament. . . . Boston, September 2, 1772
Dear Sir,Captain Linzee can inform you of the state of Rhode Island colony better than I can. So daring an insult as burning the king’s schooner, by people who are as well known as any who were concerned in the last rebellion, and yet cannot be prosecuted, will certainly rouse the British lion, which has been asleep these four or five years. Admiral Montague says, that lord Sandwich will never leave pursuing the colony, until it is disfranchised. If it is passed over, the other colonies will follow the example. The sufferings of the colony of Virginia, under lord Dunmore’s administration, and the spirit and magnanimity of the inhabitants, might claim a larger detail in this narrative; but so distinguished have been many of their leading characters, through all the transactions of the great contest, from the introduction of the resolves by Patrick Henry, in the year one thousand seven hundred and sixty-five, to the [430] elevation of Mr. Jefferson to the presidential chair in one thousand eight hundred and one, as to be sufficient to furnish ample materials for a volume by itself. But every historical record of the American revolution and its consequence, must necessarily introduce the names of many illustrious characters that have adorned and dignified the state of Virginia. Mr. Hancock retained his popularity to the end of his life. His death did not take place until the year one thousand seven hundred and ninety-three. He was chosen governor of the Massachusetts in one thousand seven hundred and eighty, and though a remarkable debilitation of body rendered him to appearance little able to discharge the duties of the first magistrate, yet the suffrages of the people kept him long in the chair, after he was reduced to such a state of weakness as to be lifted by his servants into his carriage, and thence into the state house, to deliver his public speeches. In this he acquitted himself with a degree of elocution, pleasing and popular, though his health did not admit of his writing them previously, and seldom had he strength to add his signature to the acts of the legislature. But his mental faculties were not much impaired by the infirmities of his bodily constitution; they were not indeed composed of those elementary sparks of genius that soon burn themselves out; nor were the energies of his mind blunted by industry and application. He had been so long habituated to ideas of independence, that after they were thoroughly fixed in his mind, he uniformly retained his principles to the last. He was against the consolidation of the general government, and the monarchical views of many who had risen to power before he had finished his career of life. He supported his opinion of the sovereignty of the individual states, in a [431] manly manner, in one of his last transactions of a public nature; this was his conduct relative to the suability of the states. An experiment made by a process commenced against the Massachusetts, in favor of William Vassal, Esq., the governor of the state was summoned by a writ to answer to the prosecution. He declined the smallest concession that might lessen the independence and sovereignty of each state, and supported his opinion with firmness and dignity equally popular and honorable to himself. Litigations of this nature were soon after barred, by an amendment in the constitution of the United States. An ample measure of gratitude was repaid to Mr. Hancock, both for public services and private benefits; a mantle of love was thrown over his foibles by his countrymen, and his memory was embalmed in the affections of his townsmen. The state of Massachusetts continued this mode of legislation and government until the year one thousand seven hundred and eighty, when a convention was called for the purpose, and a more stable form adopted: by this, a governor, lieutenant governor, senate, and house of representatives were to be chosen by the free suffrages of the people; a council of nine were to be chosen by the legislative, either from the senate or the people at large. Copy of general Montgomery’s last letter to general Carleton. Holland House, December 6, 1775 Sir,Notwithstanding the personal ill treatment I have received at your hands, notwithstanding the cruelty you have shewn to the unhappy prisoners you have taken, the feelings of humanity induce me to have recourse to this expedient, to save you from the destruction which hangs over your wretched garrison. Give me leave to inform you, that I am well acquainted with your situation; a great extent of works, in their nature incapable of defence, manned with a motley crew of sailors, most of them our friends and citizens, who wish to see us within their walls,—a few of the worst troops that call themselves soldiers,—the impossibility of relief, and the certain prospect of wanting every necessary of life, should your opponents confine their operations to a single blockade,—point out the absurdity of resistance; such is your situation. I am at the head of troops accustomed to success, confident of the righteous cause they are engaged in, inured to danger and fatigue, and so highly incensed at your inhumanity, illiberal abuse, and the ungenerous means employed to prejudice them in the minds of the Canadians, that it is with difficulty I restrain them till my batteries are ready, from insulting your works, which would afford them the fair opportunity of ample vengeance and just retaliation. Firing upon a flag of truce, hitherto unprecedented, even among savages, prevents my following the ordinary mode of conveying my sentiments; however I will at any rate acquit my conscience: should you persist in an unwarrantable defence, the consequence be upon your own head. Beware of destroying stores of any sort, public or private, as you did at Montreal or in the river: if you do, by heavens, there will be no mercy shewn. [433] The many protests of a number of the house of lords, which appeared from time to time against the high measures of a majority in parliament, epitomize the American grievances in a point of view that exhibited the opinion at the time, of a very considerable part of the most judicious and unprejudiced persons through the nation, both in and out of parliament. These protests may be found in a variety of British publications. This general favorable disposition towards the Americans in the early part of the contest, was evinced by numberless circumstances; a crimination of the measures of administration against the colonies, existed on both sides of the Tweed, and indeed throughout the kingdom. Many letters, and other excellent writings on the subject of civil and religious liberty, were transmitted from England to America, from the year one thousand seven hundred and sixty-five, until the period when hostilities commenced. Among the numberless instances that might be adduced, of the spirit and disposition of the writers of those times, we will here only give the following extract of a letter from the earl of Buchan to Mr. Otis; this was accompanied by some very excellent essays on the subject of liberty, and by several portraits of his person, adorned at the foot with a cap of liberty in the centre of the annexed motto, “Ubi libertas, ibi patria.” London, January 26, 1768 Sir,I take the liberty of transmitting to you the inclosed representations of a man, strongly attached to the principles of that invaluable liberty, without which no real happiness can subsist any where. My family has often bled in the support of it; and descended as I am, from the English Henrys and Edwards, [434] I glory more in the banishment of my great-grandfather, lord Cardross, to Carolina, and the stand made by lord Halifax, my ancestor, than in all that title and descent can give me. You may dispose of the other prints to the lovers of my principles; and I beg you will be so good as to transmit four of them to Messrs * * * as eminent defenders of those doctrines in the church, which are so intimately connected with liberty in the state. * * * I am, sir, with great regard,Your most obedient, humble servant,Buchan James Otis, Esq. Boston In Congress, July 4, 1776 A declaration by the Representatives of the United States of America in general congress assembled. When in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and 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. [435] We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights: that among these are life, liberty, and the pursuit of happiness: that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed: and whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a 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 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, 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 [436] relinquish the rights 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 dissolution, to cause others to be erected, whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise,—the state remaining in the mean time, exposed to all the dangers of invasion from without, and convulsions within. He has endeavoured to prevent the population of these states; for that purpose, obstructing the laws for naturalization of foreigners, refusing to pass others to encourage their migrations hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by 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 subsistence. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of, and superior to, the civil power. [437] He has combined with others, to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws, giving his assent to their pretended acts of legislation: For quartering large bodies of armed troops among us: For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of 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 benefit of trial by jury: For transporting us beyond seas, to be tried for pretended offences: For abolishing the free system of English laws in a neighbouring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies: For taking away our charters, abolishing our most valuable laws, and altering fundamentally the 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, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries, to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. [438] 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 endeavoured 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. 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 jurisdiction over us; we have reminded them of the circumstances of our emigration and settlement here; we have appealed to their native justice and magnanimity; and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connexions and correspondence. They too have been deaf to the voice of justice and consanguinity. We must therefore acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, 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; and that they are absolved [439] from all allegiance to the British crown; and that all political connexion 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. Signed by order and in behalf of the congress, John Hancock, President Attest:— Charles Thompson, Secretary Copy of a letter from general Lee to doctor B. Rush. See life and memoirs of general Lee. Camp at Valley Forge, June 4, 1778 My Dear Rush,Though I had no occasion for fresh assurances of your friendship, I cannot help being much pleased with the warmth which your letter, delivered to me by Mr. H***, breathes; and I hope, it is unnecessary to assure you, that my sentiments, with respect to you, are correspondent. You will think it odd, that I should seem to be an apologist for general Howe: I know not how it happens; but when I have taken prejudices in favor, or against a man, I find it a difficulty in shaking them off. From my first acquaintance with Mr. Howe, I liked him: I thought him friendly, candid, good natured, brave, and rather sensible than the reverse: I believe still that he is naturally so: but a corrupt, or more properly, no education, [440] the fashion of the times, and the reigning idolatry amongst the English, (particularly the soldiery;) for every sceptred calf, wolf, or ass, have so totally perverted his understanding and heart, that private friendship has not force sufficient to keep a door open for the admittance of mercy towards political heretics. He was besides persuaded that I was doubly criminal, both as a traitor and deserter. In short, so totally was he inebriated with this idea, that I am convinced he would have thought himself both politically and morally damned, had he acted any other part than what he did. He is besides, the most indolent of mortals; never took further pains to examine the merits or demerits of the cause in which he was engaged, than merely to recollect, that Great Britain was said to be the mother country, George the third king of Great Britain, that the parliament was called the representatives of Great Britain, that the king and parliament formed the supreme power, that a supreme power is absolute and uncontrollable, that all resistance must consequently be rebellion; but above all, that he was a soldier, and bound to obey in all cases whatever. These are his notions, and this his logic: but through these absurdities, I could distinguish, when he was left to himself, rays of friendship and good nature breaking out. It is true, he was seldom left to himself; for never poor mortal, thrust into high station, was surrounded by such fools and scoundrels. McKenzie, Balfour, Galloway, were his counsellors; they urged him to all his acts of harshness; they were his scribes; all the damned stuff which was issued to the astonished world was their’s. I believe he scarcely ever read the letters he signed. You will scarcely believe it, but I can assure you as a fact, that he never read the curious proclamation, issued at the Head of Elk, till three days after it was published. You will say, that I am drawing my friend Howe in more ridiculous colors than he has yet been represented in; but this is his real character. He is naturally good [441] humored, complaisant, but illiterate and indolent to the last degree, unless as an executive soldier, in which capacity he is all fire and activity, brave and cool as Julius Caesar. His understanding is, as I observed before, rather good than otherwise, but was totally confounded and stupified by the immensity of the task imposed upon him. He shut his eyes, fought his battles, drank his bottle, had his little *****, advised with his counsellors, received his orders from North and Germaine, (one more absurd than the other,) took Galloway’s opinion, shut his eyes, fought again, and is now, I suppose, to be called to account for acting according to instructions. But I believe his eyes are now opened; he sees he has been an instrument of wickedness and folly; indeed, when I observed it to him, he not only took patiently the observation, but indirectly assented to the truth of it. He made, at the same time, as far as his mauvais honte would permit, an apology for his treatment of me. Thus far with regard to Mr. Howe. You are struck with the great events, changes, and new characters, which have appeared on the stage since I saw you last; but I am more struck with the admirable efficacy of blunders. It seemed to be a trial of skill, which party should outdo the other; and it is hard to say which played the deepest strokes; but it was a capital one of ours, which certainly gave the happy turn which affairs have taken. Upon my soul, it was time for fortune to interpose, or we were inevitably lost; but this we will talk over another time. I suppose we shall see one another at Philadelphia very soon, in attendance. God bless you! Yours, affectionately,Charles Lee [442] The iniquitous conduct of speculators and swindlers, to secure to themselves the possession of most of the public securities, will leave a stain on a large class of people, who by every art endeavoured to sink the faith of congress. Indeed their attempts to injure the credit of all public bodies, were attended with the most pernicious consequences to the honest and unsuspecting holders of public paper. By every insidious practice, they induced the ignorant and necessitous, to part with their securities for the most trifling considerations, to supply their immediate wants. Thus afterwards, when a new constitution of government was formed, and a funding system created, no discrimination was made in favor of the original holders, who had dispossessed themselves of the public securities. Those who had gained them by their artificial deception, were enriched beyond all calculation by subsequent circumstances: they afterwards received the nominal value in specie, while many of the former holders were reduced to extreme poverty. It was pathetically observed, by one who felt these inconveniences, that the public securities, tired of their humble abodes, had soon fled to the splendid seats of wealth and greatness; and that while they remained with a class who had dearly earned them by their services, no interest was promised, no time, place, or person ascertained, to direct our application for payment. They fell into disgrace, which concurring with our necessities, as they could yield no present comfort or future hope, induced us to part with them for the most trifling considerations: but when they had chosen their elevated residence, their credit revived, and provision was made for the payment of interest upon them. We, in event, literally sold them for nothing, and are obliged to pay their present holders an annual sum for keeping them in possession; for many of us have, or must soon pay for the [443] interest of them, a sum nearly or quite equal to the money given to purchase them, and still be annually taxed to discharge the interest and principal of said securities. This is an anticipation of what literally took place afterwards, though it is but justice to observe, that Mr. Madison of Virginia, a distinguished member of congress, and several others of that body, left no rational argument untried, to procure a discrimination, when the funding system was about to be introduced in one thousand seven hundred and eighty-eight, that would have made some equitable compensation to the original holders of public securities, and prevented a sudden accumulation of wealth to a class of men, who had, many of them, never earned by their own private industry, or their services to the public, sufficient for a competent support. They grew rich on the property of those who had suffered in the service of their country, who were left to complain, without a possibility of redress. Extracts of a short account of the treatment of major general Conway, late in the service of America, from general Lee’s letters. On Monday the 23d of November, 1778, the honorable major general Conway set out from Philadelphia, on his return to France. The history of the treatment this gentleman has received, is so singular, that it must make a figure in the anecdotes of mankind. He was born in Ireland, but at the age of six was carried into France; was bred up from his infancy to the profession of arms; and it is universally allowed, by the gentlemen of that nation, that he has, in their service, the reputation of being what is called un tres brave major d’infanterie, which is no small character; it implies, if I comprehend [444] the term aright, a man possessed of all the requisite qualities to fill the duties of a general officer in the secondary line, but by no means ranks him among those favored mortals, to whom it has pleased God to give so large a portion of the etherial spirit, as to render reading, theory, and practice unnecessary; but with the spectacle of this phenomena, Heaven entertains the earth but very seldom; Greece, as historians report, had but one; Rome none; England and France, only one each. As to this hemisphere, I shall be silent on the subject, lest I should be suspected of not being serious. But be this as it may, it is past doubt that general Conway is a man of excellent understanding, quick and penetrating,—that he has seen much service, has read a great deal, and digested well what he has read. It is not less certain, that he embarked with the warmest zeal for the great American cause, and it has never been insinuated, unless by those who have the talent of confounding causes, that his zeal has diminished. His recompense has been, what? He has lost his commission; he has been refused the common certificate, which every officer receives at the expiration of his services, unless his delinquencies have been very substantial indeed. And, for what crime? For none, by any law, or the most strained construction that can be put on any law. The reasons given are so far from being substantial, that they really ought to reflect honor on his character. It seems he has been accused of writing a letter to a confidential friend, communicating an opinion, that the commander in chief was not equal to the great task he was charged with. Is this a crime? The contrary. If it was really his opinion, it was decent, it was honest, it was laudable, it was his duty. Does it come under any article of war? I may venture to affirm that it does not. God help the community that should be absurd enough to frame a law which could be construed into such a sense; such a community could not long subsist. It ever has been, and ever ought to be, the custom in all armies, not absolutely barbarians, for the officers [445] of high rank minutely to canvass the measures of their commander in chief; and if his faults or mistakes appear to them many and great, to communicate their sentiments to each other; it can be attended with no one bad consequence; for if the criticisms are unjust and impertinent, they only recoil on the authors, and the great man who is the subject of them, shines with redoubled lustre. But if they are well founded, they tend to open the eyes of the prince or state, who, from blind prejudice, or some strange infatuation, may have reposed their affairs in hands ruinously incapable. Does any man of sense, who is the least acquainted with history, imagine that the greatest generals the world ever produced have escaped censure? Hannibal, Caesar, Turenne, Marlborough, have all been censured; and the only method they thought justifiable, of stopping the mouths of their censors, was by a fresh exertion of their talents, and a perpetual series of victories. Indeed it is observable, that in proportion to the capacity or incapacity of the commander in chief, he countenances or discountenances the whole tribe of tale-bearers, informers, and pickthanks, who ever have been, and ever will be, the bane of those courts and armies where they are encouraged or even suffered. Allowing general Washington to be possessed of all the virtues and military talents of Epaminondas, and this is certainly allowing a great deal; for whether from our modern education, or perhaps the modern state of human affairs, it is difficult to conceive that any mortal in these ages, should arrive at such perfection; but allowing it to be so, he would still remain mortal, and of course subject to the infirmities of human nature; sickness, or other casualties, might impair his understanding, his memory, or his courage; and in consequence of this failure, he might adopt measures apparently weak, ridiculous, and pernicious. Supposing this possible case, whether a law, the letter or spirit of which should absolutely seal up the lips, and restrain the pens of every witness of the defection, would it not in fact be denouncing vengeance [446] against those who alone have the means in their power of saving the public from the ruin impending, if they should dare to make use of these means for its salvation. If there were such a law, its absurdity would be so monstrously glaring, that we may hardly say, it would be more honored in the breach than in the observance. In the English and French armies, the freedom with which the conduct and measures of commanders in chief are canvassed, is notorious; nor does it appear that this freedom is attended with any bad consequences: it has never been once able to remove a real great officer from his command. Every action of the duke of Marlborough (every body who has read must know) was not only minutely criticised, but his whole conduct was dissected, in order to discover some crime, blunder, fault, or even trifling error; but all these impertinent pains and wicked industry were employed in vain; it was a court intrigue alone that subverted him. General Wolfe, with whom to be compared it can be no degradation to any mortal living, was not merely criticised, but grossly calumniated by some officers of high rank under him; but that great man never thought of having recourse to the letter or construction of any law, in order to avenge himself; he was contented with informing his calumniators, that he was not ignorant of their practices, and that the only method he should take for their punishment, would be an active perseverance in the performance of his duty, which, with the assistance of God, he made no doubt would place him beyond the reach of their malice. As to what liberties they had taken with him personally, he should wait till he was reduced to the rank of a private gentleman, and then speak to them in that capacity. Upon the whole, it appears that it never was understood to be the meaning of the English article of war, which enjoins respect towards the commander in chief; [447] and of course it ought not to be understood, that the meaning of that article of the American code, (which is a servile copy from the English,) is meant to prescribe the communication of our sentiments to one another, on the capacity or incapacity of the man on whom the misery or ruin of the state depends; its intention was, without doubt, in part complimentary, and partly to lay some decent restrictions on the license of conversation and writing, which otherwise might create a dissidence in the minds of the common soldiery, detrimental to the public service. But that it was meant to impose a dead, torpid silence, in all cases whatever, on men, who, from their rank, must be supposed to have eyes and understanding, nothing under the degree of an ideot, can persuade himself; but admitting, in opposition to common sense and all precedents, the proceeding to be criminal; admitting Mr. Conway guilty of it, to the extent represented, which he can demonstrate to be false; in the name of God, why inflict the highest, at least negative punishment, on a man untried, and unheard? The refusal of a certificate of having honestly served, is considered as the greatest of negative punishments; indeed in the military idea, it is a positive one. And I sincerely hope, and do firmly believe, (such is my opinion of the justice of congress,) that when they have coolly reflected on the merits and fortunes of this gentleman, they will do him that justice, which nothing but the hasty misconstruction of a law hastily copied from another law, never defined nor understood, has hitherto prevented. |
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