The Online Library of Liberty

A project of Liberty Fund, Inc.

• Foreword
• Acknowledgments
• List of Abbreviations
• An Address to the Inhabitants of the United States
• C H a P T E R i: Introductory Observations
• C H a P T E R i I: The Stamp Act • a Congress Convened At New York, One Thousand Seven Hundred and Sixty-five • the Stamp-act Repealed • New Grievances • Suspension of the Legislature of New York
• C H a P T E R i I I: Cursory Observations • Massachusetts Circular Letter • a New House of Representatives Called • Governor Bernard Impeached • a Riot On the Seizure of a Vessel • Troops Applied For to Protect the King’s Officers • a Convention At Boston
• C H a P T E R i V: Character of Mr. Hutchinson • Appointed Governor of Massachusetts • the Attempted Assassination of Mr. Otis • Transactions On the Fifth of March, One Thousand Seven Hundred and Seventy • Arrival of the East India Company’s Tea-ships • E
• C H a P T E R v: General Gage Appointed Governor of Massachusetts • General Assembly Meet At Salem • a Proposal For a Congress From All the Colonies, to Be Convened At Philadelphia • Mandamus Counsellors Obliged to Resign • Resolutions of the General Cong
• C H a P T E R v I: Parliamentary Divisions On American Affairs—cursory • Observations and Events • Measures For Raising an Army of Observation By the Four New England Governments of New Hampshire, Massachusetts, Rhode Island, and Connecticut • Battle of L
• C H a P T E R v I I: A Continental Army • Mr. Washington Appointed to the Command • General Gage Recalled—succeeded By Sir William Howe • Depredations On the Sea Coast • Falmouth Burnt • Canadian Affairs • Death and Character of General Montgomery
• C H a P T E R v I I I: Dissensions In the British Parliament • Petition of Governor Penn Rejected • Boston Evacuated • Sir Henry Clinton Sent to the Southward—followed By General Lee—his Character • Sir Peter Parker’s Attack On Sullivan’s Island • General
• C H a P T E R ix: Declaration of Independence • Lord Howe’s Arrival In America • Action On Long Island • Retreat of the Americans Through the Jersies, and the Loss of the Forts Washington and Lee • Affairs In Canada • Surprise of the Hessians At Trenton •
• C H a P T E R x: Desultory Circumstances • Skirmishes and Events • General Howe Withdraws From the Jersies—arrives At the River Elk—followed By Washington • the Battle of Brandywine • General Washington Defeated, Retreats to Philadelphia—obliged to Draw O
• C H a P T E R xi: Northern Department • General Carleton Superseded • General Burgoyne Vested With the Command For Operations In Canada • Ticonderoga Abandoned By General St. Clair • Affair of Fort Stanwix—of Bennington, and Various Other Important Moveme
• C H a P T E R x I I: Observations On the Conduct of the British Parliament, Previous to the Capture of Burgoyne • the Ineffectual Efforts of the Commissioners Sent to America, In Consequence of Lord North’s Conciliatory Bill—their Attempts to Corrupt Indi
• C H a P T E R x I I I: Evacuation of Philadelphia • Battle of Monmouth • General Lee Censured • General Clinton Reaches New York • the Count De Estaing Arrives There—repairs to Rhode Island—expedition Unsuccessful. French Fleet Rendezvous At Boston, to Re
• C H a P T E R x I V: Foreign Negociations • Dissensions Among the American Commissioners • Deane Recalled • Mr. Adams Appointed • Mr. Lee and Mr. Adams Recalled • Spain Declares War Against England • Mr. Jay Sent to the Court of Madrid • Sir George Collie
• C H a P T E R xv: a Retrospect of Some Naval Transactions In the West Indies, One Thousand Seven Hundred and Seventy-eight, and Seventy-nine • Affairs In Georgia Concisely Reviewed • General Lincoln Sent to Take the Command At the Southward • the Count De
• C H a P T E R xvi: Sir Henry Clinton and Admiral Arbuthnot Sail For South Carolina • Charleston Invested • Capitulates • General Lincoln and His Army Prisoners of War • General Clinton Returns to New York • Lord Cornwallis’s Command and Civil Administrati
• Appendix to Volume First
• Appendix to Volume Second

We have not, however, altered Warren’s orthography. We have preserved, for example, such spellings as “manoeuvre” and “connexion,” and such abbreviations as the military title “gen.” or the clerical title “rev.” More important, Warren herself abandoned the “u” in “all words of Latin origin, such as honor, error &c. and [chose] to retain it only in words of Saxon origin, such as endeavour.”1 She rejected the extraneous “u” deliberately to repudiate a symbol of English cultural dominance and to announce that her work was American. Noah Webster, lexicographer, historian, and commentator on culture, called for precisely such a change in orthography in a ringing plea for an American national culture based upon a national language.2

Citations in the History and references in her letters show a strong familiarity not only with books and writers she admired—the Bible, of course, numerous classical authors, William Shakespeare, Jonathan Swift, Joseph Addison (especially his play “Cato”), William Paley, John Locke, Adam Smith, Mackintosh, Macaulay, and Burke (except on the French Revolution)—but also with those whom she deplored—David Hume (because he was a skeptic), Edward Gibbon (whom she admired, but thought suspect for his skepticism and Tory stance), Lord Bolingbroke (a great moralist, but a Tory), and Lord Chesterfield (who was, as Warren saw it, more concerned with style, taste, and wit than with substantive values).3

The point is not that Warren was unusually careless, or that she invented language to suit her needs. On the contrary, her relatively extensive use of footnotes evidences that she was uncommonly scrupulous in revealing her sources.4 Like most historians prior to the twentieth century, Warren often wrote from memory. She did not always have at hand the book, pamphlet, or letter that she intended to quote. Occasionally, she worked from notes; even passages from her own letters, where she had turned a phrase particularly well, appear in the History. Until recently, moreover, precise quotation was not a scholarly ideal. (Warren would be amused, perhaps amazed, at the idea that one who professes to be a historian would, two hundred years later, attempt to find her sources.)

Note No. I. Page 7.

On the borders of a forlorn wilderness, without any governmental restrictions, they thought it necessary to adopt some measures for order and subordination. They voluntarily on their arrival at Cape Cod, entered into covenant for this necessary purpose. It was a short code, but replete with rules of equity and authority, sufficient to maintain peace among themselves, in their infant state. Forty-one persons affixed their names to the instrument; but at the end of four months, only twenty of them were living. These were, John Carver their first governor, William Bradford the second, and Edward Winslow* the third, captain Miles Standish, who had been an experienced military [404] officer in the Netherlands, Richard Warren, eminently useful in the establishment of the new colony,* (he lived only to the year one thousand six hundred and twenty-eight,‡ )John Alden, Samuel Fuller, William Brewster, Isaac Allerton, Stephen Hopkins, Gilbert Winslow, Peter Brown, Richard Gardner, John Howland, Francis Cook, John Billington, Francis Eaton, Edward Doty, George Soule, Edward Leister.

In the next autumn, an addition of thirty-five persons from the Leyden congregation, arrived at Cape Cod. They soon found their associates at Plymouth, patient, pious, and contented, though they could set nothing on their board but a lobster, cold water, and a scanty pittance [405] of Indian bread, for the entertainment of their countrymen recently arrived, to share with them the difficulties and dangers of planting settlements in the wilderness, at a vast distance from the civilized world, and surrounded by hordes of hostile nations of terrific form and barbarous manners. *

Note No. II. Page 18.

virginia resolves

On the twenty-ninth of May, one thousand seven hundred and fifty-five, the house of burgesses of Virginia came to the following resolutions:—

The following resolves were not passed, though drawn up by the committee. They are inserted as a specimen of the first and early energies of the Old Dominion, as Virginia is usually called.

Note No. III. Page 19.

On the twenty-first of October, the freeholders and other inhabitants of the town of Plymouth had a meeting, [407] and unanimously agreed on instructions to Thomas Foster, Esq., their representative in the general assembly of Massachusetts Bay. In which, after expressing the highest esteem for the British constitution, shewing how far the people of America have exerted themselves in support thereof, and detailing their grievances, they proceed as follows:

Note No. IV. Page 20.

Note No. V. Page 29.

Note No. VI. Page 32.

I have had a sight of the answer to the last very extraordinary speech,* with which I was much pleased. It appears to me solid and judicious, and though spirited, not more so than the case absolutely required, unless we could be content to have an absolute and uncontrollable, instead of a limited, constitutional g———r. I cannot think the man will have one wise and good, much less one truly great man at home, to stand by him in so open and flagrant an attack upon our charter rights and privileges. But the less asperity in language the better, provided there is firmness in adhering to our rights, in opposition to all encroachments.

Note No. VII. Page 32.

Note No. VIII. Page 55.

Note No. IX. Page 64.

Note No. X. Page 83.

Note No. XI. Page 99.

Note No. XII. Page 111.

Note No. XIII. Page 118.

Note No. XIV. Page 124.

Note No. XV. Page 145.

Note No. XVI. Page 153.

Lord Chatham† has forsaken you, having loved this world; but his favorite, your humble servant, will not, I trust, ever follow his steps.

Note No. XVII. Page 169.

Note No. XVIII. Page 194.

Note No. XIX. Page 197.

Note No. XX. Page 216.

APPENDIX TO VOLUME SECOND

Note No. I. Page 228.

General Burgoyne’s Instructions to Lieutenant Colonel Baum

[389] The object of your expedition is—to try the affection of the country; to disconcert the councils of the enemy; to mount the Reidesel dragoons; to complete Petre’s corps; and to obtain large supplies of cattle, horses, and carriages.

The several corps, of which the inclosed is a list, are to be under your command.

The troops must take no tents; and what little baggage is carried by the officers, must be on their own battalion horses.

You are to proceed from Batten Kill to Arlington, and take post there, till the detachment of the provincials, under the command of captain Sherwood, shall join you, from the southward.

You are then to proceed to Manchester, where you will again take post, so as to secure the pass of the mountains, on the road from Manchester to Rockingham: from thence you will detach the Indians and light troops [390] to the northward, toward Otter Creek. On their return, and receiving intelligence that no enemy is upon the Connecticut River, you will proceed by the road over the mountains to Rockingham, where you will take post. This will be the most distant part of the expedition, and must be proceeded upon with caution, as you will have the defiles of the mountains behind you, which might make a retreat difficult. You must therefore endeavour to be well informed of the force of the enemy’s militia, in the neighbouring country; should you find it may with prudence be effected, you are to remain there, while the Indians and light troops are detached up the river; and you are afterwards to descend the river to Brattleborough; and from that place, by the quickest march, you are to rerurn by the great road to Albany.

During your whole progress, your detachments are to have orders to bring in to you, all horses fit to mount the dragoons under your command, or to serve as battalion horses for the troops, together with as many saddles and bridles as can be found. The number of horses requisite, besides those necessary for mounting the regiment of dragoons, ought to be thirteen hundred; if you can bring more, for the use of the army, it will be so much the better. Your parties are likewise to bring in waggons and other convenient carriages, with as many draught oxen as will be necessary to draw them; and all cattle fit for slaughter, (milch cows excepted, which are to be left for the use of the inhabitants). Regular receipts in the form hereto subjoined, are to be given in all places, where any of the above articles are taken, to such persons as have remained in their habitations, and otherwise complied with the terms of general Burgoyne’s manifesto; but no receipt to be given to such as are known to be acting in the service of the rebels. As you will have with you persons perfectly acquainted with the country, it may perhaps be advisable, to tax the several districts with the portions of the several articles, and limit the hours for the delivery; and should you find it [391] necessary to move before such delivery can be made, hostages of the most respectable people should be taken, to secure their following you the next day.

All possible means are to be used to prevent plundering. As it is probable that captain Sherwood, who is already detached to the southward, and will join you at Arlington, will drive a considerable quantity of cattle and horses to you, you will therefore send in these cattle to the army, with a proper detachment from Petre’s corps, to cover them, in order to disencumber yourself; but you must always keep the regiment of dragoons compact. The dragoons themselves must ride, and take care of the horses of the regiment. Those horses that are destined for the use of the army, must be tied in strings of ten each, in order that one man may lead ten horses. You will give the unarmed men of Petre’s corps to conduct them, and inhabitants whom you can trust.

You must always keep your camps in good position, but at the same time where there is pasture; and you must have a chain of centinels around your cattle when grazing.

Colonel Skeene will be with you as much as possible in order to distinguish the good subjects from the bad, to procure the best intelligence of the enemy, and choose those people who are to bring me the accounts of your progress and success.

When you find it necessary to halt a day or two, you must always intrench the camp of the regiment of dragoons, in order never to risque an attack or affront from the enemy.

As you will return with the regiment of dragoons mounted, you must always have a detachment of captain Frazer’s or Petre’s corps in front of the column, and the same in the rear, in order to prevent your falling into an ambuscade, when you march through the woods.

[392] You will use all possible means to make the country believe, that the troops under your command are the advanced corps of the army, and that it is intended to pass to Connecticut on the road to Boston: you will likewise insinuate, that the main army from Albany is to be joined at Springfield, by a corps of troops from Rhode Island.

It is highly probable, that the corps under Mr. Warner, now supposed to be at Manchester, will retreat before you; but should they, contrary to expectation, be able to collect in great force, and post themselves advantageously, it is left to your discretion to attack them or not; always bearing in mind, that your corps is too valuable to let any considerable loss be hazarded on this occasion.

Should any corps be moved from Mr. Arnold’s main army, in order to interrupt your retreat, you are to take as strong a post as the country will afford, and send the quickest intelligence to me; and you may depend on my making such movements as shall put the enemy between two fires, or otherwise effectually sustain you.

It is imagined, the progress of the whole of this expedition may be effected in about a fortnight: but every movement of it must depend on your success in obtaining such supplies of provisions as will enable you to subsist for your return in this army, in case you can get no more. And should not the army be able to reach Albany, before your expedition should be completed, I will find means to send you notice of it, and give your route another direction.

All persons acting in committees, or any officers under the direction of the congress, either civil or military, to be made prisoners.

I heartily wish you success; and have the honor to be sir, your humble servant,

John Burgoyne,Lieut. Gen.

Head Quarters, August 9, 1777

Note No. II. Page 230.

[393] It was several years after the confederation of the thirteen American states, before Vermont was added to the union. The inhabitants kept up a long and severe altercation with the several governments, who claimed both territory and authority, until on the point of decision by the sword, both parties appealed to the general congress. This was a business that divided and embarrassed, and was not terminated until the agents of Britain interfered, and offered advantageous terms to the Vermontese, if they would withdraw from the confederated states, and become a province of Britain.

From their love of liberty, and their attachment to their country, these offers were rejected, though they complained heavily of the delays and evasions of congress. Rough as their native mountains, and strong and flinty as the rocks that surrounded them, they bid defiance to dangers; and equally despised the intrigues of Britain, the subterfuges of the claimants on their territory, and the suspension in which they were held for a time by congress. They resisted obstinately the interferences and the claims of the neighbouring governments: their alienation from them, and their hatred to the state of New York in particular, daily increased: and in spite of all opposition, they continued their claims and supported their rights to be considered a free, independent, and separate state, entitled to the same privileges as the thirteen old colonies.

Colonel Ethan Allen, one of their principal leaders; a man of courage and ferocity, of pride without dignity, a writer without learning, a man of consequence merely from a bold presumptive claim to a capacity for everything; without education, and possessed of little intrinsic merit; wrote to congress on this occasion, and observed, “that [394] Vermont has an indubitable right to agree to terms of a cessation of hostilities with Great Britain, provided the United States persist in a rejection of her application for a union with them. But not disposed to yield to the overtures of the British government,” he added, “I am as resolutely determined to defend the independence of Vermont, as congress are that of the United States; and rather than fail, will retire with hardy Green Mountain Boys into the desolate caverns of the mountains, and wage war with human nature at large.”

After long suspension and many impediments, congress thought proper, in order to prevent the effusion of blood among themselves, which this occasion threatened, to accede to the reasonable demands of these legitimate sons of freedom, who chose delegates for congress, maintained their independence, and were a strong link in the confederated chain, against the encroachments and the power of Britain.*

Note No. III. Page 237.

The afflictions of this extraordinary lady did not terminate in America. By the assiduity of the physicians, and the tender care of a most affectionate wife, major Ackland partially recovered from his wounds in a short time, and was permitted to repair to New York. It was not long before his health was sufficiently restored to embark for England: but his wounds incurable, and his mind depressed, he was led to habits of intemperance, that soon put a period to his life.

[395] The death of her husband, and the domestic afflictions of the family of lord Ilchester, the father of lady Ackland, all combined to overpower the heroism of a mind superior to most of her sex, and involved this unfortunate lady in a deep and irretrievable melancholy.

Note No. IV. Page 252.

Governor Penn was the last proprietary governor of the state of Pennsylvania. After the revolution, different modes were adopted. The patent granted by the crown to the celebrated Penn, the founder of that colony, included a vast territory; but the enormous claims of the family were extinguished by an act of the legislature of Pennsylvania. This was not in consequence of any political delinquency of the late governor, who had acquitted himself with ability and address, and retained his patriotism and attention to the interests of his country, to the end of the contest. The heirs of the family voluntarily relinquished their extensive claims, in consideration of a very handsome sum of money paid to the claimants by the legislature, in lieu of all quit-rents that might hereafter be demanded.

Note No. V. Page 288.

Articles of Confederation and Perpetual Union between the States of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia.

• article iThe style of this Confederacy shall be, “THE UNITED STATES OF AMERICA.”
• article ii[396] Each state retains its sovereignty, freedom and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States in congress assembled.
• article iiiThe said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their liberties, and their mutual and general welfare; binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
• article ivThe 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 have free ingress and regress to and from any other state; and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions, as the inhabitants thereof respectively; provided, that such restrictions shall not extend so far as to prevent the removal of property imported into any state, to any other state of which the owner is an inhabitant: provided also, that no imposition, duties, or restrictions, shall be laid by any state on the property of the United States, or either of them.If any person guilty of, or charged with, treason, felony, or other high misdemeanors, in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the state from which he fled, be delivered up, and removed to the state having jurisdiction of his offence. [397] Full faith and credit shall be given in each of these states, to the records, acts, and judicial proceedings, of the courts and magistrates of every other state.
• article vFor the more convenient management of the general interests of the United States, delegates shall be annually appointed, in such manner as the legislature of each state shall direct, to meet in congress on the first Monday in November, in every year; with a power reserved to each state, to recal its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year.No state shall be represented in congress by less than two, nor by more than seven members: and no person shall be capable of being a delegate for more than three years in any term of five 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 and imprisonments, during the time of their going to and from, and attendance on, congress, except for treason, or breach of the peace.
• article viNo 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, [398] or treaty with, any king, prince, or state: nor shall any person, holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title, or 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 France and Spain.No vessels of war shall be kept up in time of peace by any state, except such numbers only as shall be deemed necessary by the United States in congress assembled, for the defence of such state or its trade: nor shall any body of forces be kept up by any state, in time of peace, except such number only as, in the judgment of the United States in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred; and shall provide, and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.No state shall engage in any war, without the consent of the United States in congress assembled, unless such state be actually invaded by enemies, or shall have received 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 [399] 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 shall 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 otherways.
• article viiWhen land forces are raised by any state for the common defence, all officers of, or under, the rank of colonel, shall be appointed by the legislature of each state respectively, by whom such forces shall be raised, or in such manner as such state shall direct; and all vacancies shall be filled up by the state which first made the appointment.
• article viiiAll charges of war, and all other expenses that shall be incurred for the common defence, 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 to 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.
• article ixThe 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; [400] or sending and receiving ambassadors; entering into treaties and alliances; (provided, that no treaty of commerce shall be made, whereby the legislative powers 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 or reprisal in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally, appeals in all cases of captures; (provided, that no member of congress shall be appointed a judge of any of the said courts).The United States in congress assembled, shall also be the last resort on appeal, in all disputes and differences now subsisting, or that hereafter may arise, between two or more states, concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following:—Whenever the legislative or executive authority, or lawful agent, of any state in controversy with another, shall present a petition to congress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of congress to the legislative or 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; 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 [401] 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 shewing 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 judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to 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 judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned; provided that every commissioner, before he sits in judgment, 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 judgment, without favour, affection, or hope of reward:”—provided also that no state shall be deprived of territory, for the benefit of the United States.All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the paid grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the Congress of the United States be finally determined as near as may be in the same manner as is before prescribed for deciding [402] disputes respecting territorial jurisdiction 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 standard 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 and 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 number to preside, provided that no person be allowed to serve in the office of President more than one year in any term of three years;—to ascertain the necessary sums of money to be raised for the service of the United States, and to 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 [403] 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 clothe, arm, and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, 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 than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped, in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, clothe, arm, and equip as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.The United States in Congress assembled shall never engage in a war, nor grant letters of marque and reprisal, in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and 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 a majority of the United States in Congress assembled.[404] 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 judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several states.
• article xThe 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 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 is requisite.
• article xiCanada acceding to this confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.
• article xiiAll 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 pledged.
• article xiii[405] Every state shall abide by the determinations 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.

These articles shall be proposed to the Legislatures of all the United States, to be considered, and if approved of by them, they are advised to authorize their delegates to ratify the same in the Congress of the United States; which being done, the same shall become conclusive.

By order of Congress,

Henry Laurens,President

Note No. VI. Page 292.

The name of Thomas Paine has become so generally known both in Europe and America, that a few strictures on his character may not be uninteresting.

Mr. Paine was a native of England, but he had resided in America some time before the American Revolution took place. He warmly advocated the cause of the Colonies, and wrote in the spirit of the times with much applause. Several of his bold publications displayed a considerable share of wit and ingenuity, though his arguments were not always conclusive. His Crisis, his Common Sense, and some other writings were well adapted to animate the people, and to invigorate their resolutions in opposition to the measures of the British administration.

[406] Though not generally considered a profound politician, yet as it was then thought he wrote on principles honorable to the human character, his celebrity was extensive in America, and was afterwards disseminated in England; and his merit as a writer for a time appreciated by a work entitled the Rights of Man, which was replete with just and dignified sentiments on a subject so interesting to society.

His celebrity might have been longer maintained, and his name have been handed down with applause, had he not afterwards have left the line of politics, and presumed to touch on theological subjects of which he was grossly ignorant, as well as totally indifferent to every religious observance as an individual, and in some instances his morals were censured.

Persecuted in England he repaired to France, some time before monarchy was subverted in that nation. There, after listening to the indigested rant of infidels of antecedent date, and learning by rote the jargon of the modern French literati, who zealously laboured in the field of scepticism, he attempted to undermine the sublime doctrines of the gospel, and annihilate the Christian system. * Here he betrayed his weakness and want of principle, in blasphemous scurrilities and impious raillery, that at once sunk his character, and disgusted every rational and sober mind.

It is no apology that this was done at a period, when all principle seemed to lie prostrate beneath the confusions and despotism of the Robespierrian reign. It is true, this insignificant theologian, who affected to hold in contempt all religion, or any expectations of a future state, was at this time trembling under the terrors of the guillotine; and while imprisoned, he endeavoured to ingratiate himself [407] into the favor of the ruling faction of France, by levelling his sarcastic pen against opinions that had been for ages held sacred among mankind.

The effusions of infidelity, entitled the Age of Reason , would not have been thought worthy of a serious refutation, had not much industry been employed, to disseminate this worthless pamphlet among the common classes of mankind. The young, the ignorant, the superficial and licentious, pleased with the attempt to let loose the wild passions of men by removing so efficient a guard as is contained in the sacred scriptures, this pernicious work was by them fought for, and read with avidity. This consideration drew out the pens of men of character and ability, to antidote the poison of licentious wit.

No one had more merit in the effort than the learned, pious, and excellent Dr. Richard Watson, bishop of Landass. His works have always been read with pleasure and applause, by every man of genius, virtue, and taste, in whatever branch of literature he drew his pen. His observations on the writings of Paine, his letters to Mr. Gibbon, with a concluding address to young gentlemen, will be read with delight and improvement by every person who adores the benignity of divine government, long after the writings of infidels of talent and ingenuity are sunk into oblivion.

Men of discernment are ever better pleased with truth, in its most simple garb, than with the sophisticated, though elegant style of wit and raillery, decorated for deception; and the name of Voltaire, with other wits and philosophers of the same description will be forgotten, and even the celebrated Gibbon will cease to be admired by the real friends of the Christian dispensation, while its defenders will be held in veneration to the latest ages.

The lovers of liberty on reasonable and just principles, were exceedingly hurt, that a man so capable as was Mr. [408] Paine, of exhibiting political truth in a pleasing garb, and defending the rights of man with eloquence and precision, should prostitute his talents to ridicule divine revelation, and destroy the brightest hopes of a rational and immortal agent.

Mr. Paine out-lived the storms of revolution both in America and in France, and he may yet add one instance more of the versatility of human events, by out-living his own false opinions and foolish attempts to break down the barriers of religion, and we wish he may by his own pen, endeavour to antidote some part of the poisons he has spread.

Note No. VII. Page 316.

The count Kosciusko was a gentleman of family without the advantages of high fortune. His education, person, and talents, recommended him to the king of Poland, by whom he was patronized and employed in a military line.

Early in life he became attached to a lady of great beauty, belonging to one of the first families in the kingdom. The inequality of fortune prevented his obtaining consent from her parents to a union, though the affections of the lady were equally strong with his own. The lovers agreed on an elopement, and made an attempt to retire to France; pursued and overtaken by the father of the lady, a fierce rencounter ensued. When Kosciusko found he must either surrender the object of his affection, or take the life of her parent, humanity prevailed over his passion, he returned the sword to its scabbard, and generously relinquished the beautiful daughter to her distressed father, rather than become the murderer of the person who gave being to so much elegance and beauty, now plunged in terror and despair from the tumult of contending passions of the most soft and amiable nature.

[409] This unfortunate termination of his hopes was one means of lending this celebrated hero to the assistance of America. Wounded by the disappointment, and his delicacy hurt by becoming the topic of general conversation on an affair of gallantry, he obtained leave from his sovereign to retire from Poland. He soon after repaired to America, and offered himself a volunteer to general Washington, was honorably appointed, and by his bravery and humanity rendered essential services to the United States. After the peace took place between Great Britain and America, he returned to his own distressed country. *

His sufferings and his bravery in his struggles to rescue his native country from the usurpations of neighbouring tyrants, until the ruin of the kingdom of Poland and the surrender of Warsaw, are amply detailed in European history. Wounded, imprisoned, and cruelly used, his distresses were in some degree ameliorated by the compassion of a Russian lady, the wife of general Chra-cozazow, who had been a prisoner and set at liberty by the count. This lady could not prevent his being sent to Petersburgh, were he was confined in a fortress near the city; but he surmounted imprisonment, sickness, misery, and poverty, and afterwards revisited America, where he was relieved and rewarded, as justice, honor, and gratitude required.

Note No. VIII. Page 333.

The cruel oppressions long suffered by the kingdom of Ireland from the haughty superiority of British power, induced the wretched inhabitants to avail themselves of this invitation, and to resort by thousands to America after the [410] peace took place between Great Britain and the United States. After this, the confusions and distractions in Ireland arose to such a height as rendered a residence there too insupportable for description. The miserable inhabitants who escaped the sword, the burnings, and the massacre of the English, had flattered themselves, that if they could retreat from their native country, they should receive a welcome reception to an asylum to which they had formerly been invited, by the congressional body who directed the affairs of America. There they justly thought their industry might have been cherished, their lives and properties be secure, and their residence rendered quiet; but a check was put to emigration for a time, by an alien law enacted by Congress in the year one thousand seven hundred and ninety-eight.

This was very contrary to the policy and to the principles expressed by governor Trumbull of Connecticut to Baron R. J. Van der Capellen, “Seigneur du Pol, Membre des Nobles de la Provence D’Overyssel, & c.” dated Lebanon, August 31, 1779.

He observes, that

[1]James Freeman to MOW, January 17, 1806, MOWP, 1790–1807.

[2]Webster asked rhetorically: “[O]ught the Americans to retain these faults in [English orthography] which produce innumerable inconveniencies in the acquisition and use of the language, or ought they at once to reform these abuses, and introduce order and regularity into the orthography of the American Tongue?” Webster’s project clearly went beyond the mere spelling of words. He characterized his aim as the quest for an American national language, for “a national language is a band of national union. Every engine should be employed to render the people of this country national; to call their attachments home to their own country; and to inspire them with the pride of national character.” Webster, Massachusetts Magazine, 1 (August 1789), p. 476; Dissertations on the English Language. . . . (Boston, 1789), p. 397. The appendix to Webster’s Dissertations was published in Massachusetts Magazine, 1 (October, November, December, 1789), pp. 605–608, 658–661, 743–746.

[3]Warren wrote a long letter to her son Winslow (December 24, 1779, MOWLB, pp. 240–243) warning him about the “honey’d poison” contained in Chesterfield’s letters. Warren’s missive was published in the Boston Independent Chronicle, January 18, 1781, under the title “A Letter from an American Lady to her Son,” and later reprinted in the Boston Magazine (June 1784) and the Massachusetts Magazine (January 1790). Edmund M. Hayes has republished the letter, with commentary, in WMQ, third series, 40 (October 1983), pp. 616–621.

[4]For example, whereas Warren frequently cited The Annual Register and other works that contained valuable information or documents, David Ramsay and William Gordon were, earlier in this century, excoriated for plagiarizing from The Annual Register to the point that Orin Grant Libby found both of their histories to be essentially useless. See Libby, “A Critical Examination of William Gordon’s History of the American Revolution,” AHA Annual Report (1899), I: 367–388, and “Ramsay as Plagiarist,” AHR, 7 (October 1901–July 1902), pp. 697–703. Libby’s criticism was unnecessary and wrong-headed, but that is beside the present point.

[*]Prince’s Chronology, where may be found most of the particulars extant, relative to the first settlers at Plymouth. [Thomas Prince, A Chronological History of New England, in the Form of Annals (2 Vols.; Boston, 1736–1755).]

[†]Prince’s Chronology. [Thomas Prince, A Chronological History of New England, in the Form of Annals (2 vols.; Boston, 1736–1755).]

[‡]The estates first purchased of the natives by Winslow, Warren, and Bradford, remain in the hands of their posterity to this day:—Warren at Plymouth, Bradford at Duxborough, and Winslow at Marshfield.

[*]New England Memorial. [Nathaniel Morton, New England’s Memorial: Or, A Brief Relation of the Most Memorable and Remarkable Passages of the Providence of God, Manifested to the Planter of New-England in America: With Special Reference to the First Colony Thereof Called New-Plimouth (Cambridge, 1669). Thomas Prince relied on Morton’s Memorial, which was understood to be an abbreviated version of William Bradford’s of Plymouth Plantation. In 1855, the Congregational Board of Publications republished Morton’s Memorial and added relevant parts of Prince’s Chronological History and Bradford’s Plymouth Plantation. Warren’s reference is to Prince under the year 1629, which is included in the 1855 edition at p. 320.]

[*]Speech of governor Bernard.

[†]Lord Chatham afterwards totally reprobated the conduct of administration towards the colonies.

[*]A further description of the settlement and progress of the Hampshire Grants, may be seen at large in a late accurate history of Vermont, written by doctor Samuel Williams. This work is replete with moral and philosophical observations, which are honorary to the very sensible writer, and at once entertain and improve the reader. [Samuel Williams, The Natural and Civil History of Vermont (Walpole, N.H., 1794), Chs. IX–XI.]

[*]

• The infidel has shot his bolts away,
• Till his exhausted quiver yielding none,
• He gleans the blunted shafts that have recoiled,
• And aims them at the shield of truth again.
Cowper

[*]It was a question in a literary society afterwards in London, which was the greatest character, lord Chatham, general Washington, or count Kosciusko. Analytical Review. [Analytical Review; or, History of Literature Domestic and Foreign (London, 1788–1798).]