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Subject Area: Political Theory
Topic: The American Revolution and Constitution
Collection: Classics of Liberty

Engrossed Copy - Thomas Jefferson, The Works, vol. 2 (1771-1779) [1905]

Edition used:

The Works of Thomas Jefferson, Federal Edition (New York and London, G.P. Putnam’s Sons, 1904-5). Vol. 2.

Part of: The Works of Thomas Jefferson, 12 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.


Engrossed Copy

In Congress, July 4, 1776. The Unanimous Declaration of the thirteen United States of America.

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. — That whenever any Form of Government becomes destructive of these ends, it is the right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and, when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them, and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time after such dissolutions to cause others to be elected, whereby the Legislative powers, incapable of Annihilation have returned to the People at large for their exercise, the State remaining, in the meantime, exposed to all the dangers of invasion from without, and convulsions within.

He has 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 substance.

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.

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 Acts of pretended 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 benefits 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 compleat the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, totally unworthy the Head of a civilized nation.

He has excited domestic insurrection among 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.

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.

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 injuries.

A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of 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 connection and correspondence. They too have been deaf to the voice of justice and of 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 Authority of the good People of these Colonies, solemnly publish and declare, that these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent states, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.

And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.

to richard henry lee1

Philadelphia, July 8th, 1776.

Dear Sir,

—For news, I refer you to your brother, who writes on that head. I enclose a copy of the Declaration of Independence, as agreed to by the House, and also as originally framed: you will judge whether it is the better of worse for the critics. I shall return to Virginia after the 11th of August. I wish my successor may be certain to come before that time: in that case, I shall hope to see you, and not Wythe, in convention, that the business of government, which if of everlasting concern, may receive your aid. Adieu, and believe me to be your friend and servant.

to george wythe1

[July ? 1776.]

The dignity and stability of government in all its branches, the morals of the people, and every blessing of society, depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislature and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that. The judges, therefore, should always be men of learning and experience in the laws, of exemplary morals, great patience, calmness and attention; their minds should not be distracted with jarring interests; they should not be dependent upon any man or body of men. To these ends they should hold estates for life in their offices, or, in other words, their commissions should be during good behavior, and their salaries ascertained and established by law.

For misbehavior, the grand inquest of the colony, the house of representatives, should impeach them before the governor and council, when they should have time and opportunity to make their defence; but if convicted, should be removed from their offices, and subjected to such other punishment as shall be thought proper.

notes of rules for continental congress.1

j. mss.

[July, 1776]

No person to read printed papers.

Every colony present, unless divided, to be counted.

No person to vote unless present when question put.

No person to walk while question putting.

Every person to sit while not speaking.

Orders of day at 12 o’clock.

Amendments first proposed to be first put.

Commit. or officers to be named before balot.

Call of the house every morn. absentees to be noted & ret’d to Convent.

No members to be absent without leave of house or written ord. of Conventn on pain of being ret’d to Conventn.

to edmund pendleton2

[July, 1776]

I am sorry the situation of my domestic affairs, renders it indispensably necessary that I should solicit the substitution of some other person here in my room. The delicacy of the House will not require me to enter minutely into the private causes which render this necessary. I trust they will be satisfied. I would not urge it again, were it not unavoidable. I shall with cheerfulness continue my duty here till the expiration of our year by which time I hope it will be convenient for my successor to attend.

resolution for rotation of members of continental congress1

j. mss.

[July, 1776?]

To prevent every danger which might arise to American freedom by continuing too long in office the members of the Continental Congress, to preserve to that body the confidence of their friends, and to disarm the malignant imputation of their enemies: It is earnestly recommended to the several Provinces, Assemblies or Conventions of the United colonies that in their future elections of delegates to the Continental Congress one half at least of the persons chosen be such as were not of the delegation next preceeding, and the residue be of such as shall not have served in that office longer than two years. And that their deputies be chosen for one year, with power to adjourn themselves from time to time & from place to place as occasions may require, and also to fix the time & place at which their successors shall meet.

to francis eppes1

Philadelphia, July 15th, 1776.

Dear Sir,

—Yours of the 3rd inst. came to day. I wish I could be better satisfied on the point of Patty’s recovery. I had not heard from her at all for two posts before, and no letter from herself now. I wish it were in my power to return by way of the Forest, as you think it will be impracticable for Mrs. Eppes to travel to the mountains. However, it will be late in August before I can get home, and our Convention will call me down early in October. Till that time, therefore, I must defer the hope of seeing Mrs. Eppes and yourself. Admiral Howe is himself arrived at New York, and two or three vessels, supposed to be of his fleet, were coming in. The whole is expected daily.

Washington’s numbers are greatly increased, but we do not know them exactly. I imagine he must have from 30 to 35,000 by this time. The enemy the other day ordered two of their men-of-war to hoist anchor and push by our batteries up the Hudson River. Both wind and tide were very fair. They passed all the batteries with ease, and, as far as is known, without receiving material damage; though there was an incessant fire kept up on them. This experiment of theirs, I suppose, is a prelude to the passage of their whole fleet, and seems to indicate an intention of landing above New York. I imagine General Washington, finding he cannot prevent their going up the river, will prepare to amuse them whenever they shall go. Our army from Canada is now at Crown Point, but still one half down with the smallpox. You ask about Arnold’s behavior at the Cedars. It was this. The scoundrel, Major Butterfield, having surrendered three hundred and ninety men, in a fort with twenty or thirty days’ provision, and ammunition enough, to about forty regulars, one hundred Canadians, and five hundred Indians, before he had lost a single man—and Maj. Sherburne, who was coming to the relief of the fort with one hundred men, having, after bravely engaging the enemy an hour and forty minutes, killing twenty of them and losing twelve of his own, been surrounded by them, and taken prisoners also —Gen. Arnold appeared on the opposite side of the river and prepared to attack them. His numbers I know not, but believe they were about equal to the enemy. Capt. Foster, commander of the king’s troops, sent over a flag to him, proposing an exchange of prisoners for as many of the king’s in our possession, and, moreover, informed Arnold that if he should attack, the Indians would put every man of the prisoners to death. Arnold refused, called a council of war, and, it being now in the night, it was determined to attack next morning. A second flag came over; he again refused, though in an excruciating situation, as he saw the enemy were in earnest about killing the prisoners. His men, too, began to be importunate for the recovery of their fellow-soldiers. A third flag came, the men grew more clamorous and Arnold, now almost raving with rage and compassion, was obliged to consent to the exchange and six days suspension of hostilities, Foster declaring he had not boats to deliver them in less time. However, he did deliver them so much sooner as that before the six days were expired, himself and party had fled out of all reach. Arnold then retired to Montreal. You have long before this heard of Gen. Thompson’s defeat. The truth of that matter has never appeared till lately. You will see it in the public papers. No men on earth ever behaved better than ours did. The enemy behaved dastardly. Col. Allen (who was in the engagement) assured me this day, that such was the situation of our men, half way up to the thighs in mud for several hours, that five hundred men of spirit must have taken the whole; yet the enemy were repulsed several times, and our people had time to extricate themselves and come off. It is believed the enemy suffered considerably. The above account of Arnold’s affair you may rely on, as I was one of a committee appointed to inquire into the whole of that matter, and have it from those who were in the whole transaction, and were taken prisoners.

My sincere affections to Mrs. Eppes, and adieu.

to the pennsylvania convention1

j. mss.

Philada, July 15, 1776.

Sir,

—The honble the convention of Virga attending to the inconveniencies which may arise from an unsettled jurisdn in the neighborhood of fort pitt, have instructed us to propose to your honorable house to agree on some temporary boundary which may serve for preservation of the peace in that territory until an amicable and final determination may be had before arbiters mutually chosen. Such temporary settlement will from its nature do predjudice to neither party when at any future day a complete informn of facts shall enable them to submit the doubt to a just & final decision. We can assure you that the colony of Virga does not entertain a wish that one inch should be added to theirs from the territory of a sister colony & we have a perfect confidence that the same just sentiments prevails in your house. Parties thus disposed can scarcely meet with difficulty in adjusting either a temporary or a final settlement. The decision, whatever it be, will not annihilate the lands. They will remain to be occupied by Americans & whether these be counted in the numbers of this or that of the United States will be thought a matter of little moment. We shall be ready to confer on this subject with any gentleman you may please to appoint for that purpose & am Sir, with every sentiment of respect.

notes on virginia-pennsylvania boundary

j. mss.

[July, 1776.]

If the Monongahela is the line it will throw 300 Virginia families into Pennsylva. Most of these live below the Yohiogany & Monongahela. Not one third of that number of Pennsylvanians would be thrown on the Virginia side.

If the Laurel hill is the boundary it will place on the Virginia side all the Virginia settlers, & about 200 families of Pennsylvania settlers.

A middle line is thought to be just. Braddock’s old road crosses the Yohiogany in the Allegany mountain. Then turns along by the head of the Redstone on the West side of the Yohiogany & crosses the Laurel hill about 6 miles from Stewart’s (or Hart’s) crossing, then crosses the river at Stewart’s crossing, Jacob’s creek 4 m above mouth, Swiglie1 5 m above mouth, then goes down to the Monongahela about 2 m below the mouth of Yohiogany then recrosses it within a mile & there stopped. A line then run from the mouth of the Turtle cr. to the mouth of the first creek that empties into the Allegany above Croghans.

This would give tolerable satisfaction to Virginia, would throw about 150 Pennsylvas into Virga & about 20 or 30 Virginians into Pennsylvana. The 150 Pennsylvs live in such manner dispersed on the Yohiogany and Monongahela that no line will throw them into Pennsylva.

If Braddock’s road cannot be established, the Laurel hill & Yohiogany might do without great uneasiness, & so from the mouth of the Turtle as before.

to the governor of virginia1(patrick henry)

j. mss.

[Phila., July 16, 1776.]

We were informed a few weeks ago that 5000 lb. of lead imported by our colony were landed at Fredsbgh. As it appeared very unlikely it should be wanting in Virga, and the flying camp forming in the Jerseys, in the face of a powerful enemy, are likely to be in distress for this article, we thought we should be wanting to the public cause, which includes that of our own country, had we hesitated to desire it to be brought here. Had the wants of the camp admitted the delay of an application to you we should most certainly have waited an order from you, but their distress is instantaneous. Even this supply is insufficient. The army in Canada, & the army in N. York will want much lead & there seems to be no certain source of supply unless the mine in Virga can be rendered such. We are therefore by direction of Congress to beg further you will be pleased to send them what lead can be spared from Wmburgh, and moreover order 15 or 20 tons to be brought here immediately from the mine.

We take the liberty of recommending the lead mines to you as an object of vast importance, We think it impossible they can be worked to too great an extent. Considered as perhaps the sole means of supporting the American cause, they are inestimable. As an article of commerce to our colony, too, they will be valuable; & even the waggonage, if done either by the colony or individuals belonging to it, will carry to it no trifling sum of money. We enclose you a resoln of Congress of the subjects of forts & garrisons on the Ohio.

Several vacancies having happened in our battalions, we are unable to have them filled for want of a list of the officers stating their seniority. We must beg the favor of you to furnish us with one. We received from Colo. R. H. Lee a resolution of Convention recommending us to endeavor that the promotions of the officers be according to seniority without regard to regiments or companies. In one instance indeed the Congress reserved to themselves a right of departing from seniority; that is where a person either out of the line of command, or in an inferior part of it, has displayed eminent talents. Most of the the general officers have been promoted in this way. Without this reservation the whole continent must have been supplied with general officers from the Eastern colonies, where a large army was formed & officered before any other colony had occasion to raise troops at all, & a number of experienced, able & valuable officers must have been lost to the public merely from the locality of their situation.

The resolution of our Convention on the subject of salt we shall lay before Congress. The Convention of Pennsylva did not proceed to business yesterday for want of a quorum. As soon as they do we shall lay before them the proposition from our convention on the differences at fort pitt, & communicate to you the result.

We are your Excys.

to col. fielding lewis

j. mss.

Philadelphia, July 16, 1776.

We were informed a few weeks ago that 5000 lb. of lead imported on acct, of our colony were landed at Fredsbgh. There appears scarcely a possibility it should be wanting in Virga., more especially when we consider the supplies which may be expected from the mines of that colony. The flying camp now forming in the Jerseys & which will be immediately in the face of a powerful enemy is likely to be in great want of that article. Did their wants admit of delay of an application to the governor we should have applied to him & have not a doubt he would order it hither. But circumstances are too pressing, & we are assured we should incur the censures of our country were we to permit the public cause to suffer essentially while the means of preventing it (tho not under our immediate charge) are within our reach. We therefore take the liberty of desiring you to stop so many of the powder waggons now on their way to Wmsburgh as may be necessary & return them immediately with this lead, & whatever more you can collect sending the powder on by other waggons. But should the lead have been sent to Wmsburgh the waggons may then proceed on their Journey & the Govr. to whom we have written will take care of the matter.1

to john page2

Philadelphia, July 20, 1776.

Dear Page,

—On the receipt of your letter we enquired into the probability of getting your seal done here. We find a drawer and an engraver here both of whom we have reason to believe are excellent in their way. They did great seals for Jamaica and Barbadoes both of which are said to have been well done, and a seal for the Philosophical society here which we are told is excellent. But they are expensive, and will require two months to complete it. The drawing the figures for the engraver will cost about 50 dollars, and the engraving will be still more. Nevertheless as it would be long before we could consult you and receive an answer, as we think you have no such hands, and the expence is never to be incurred a second time we shall order it to be done. I like the device of the first side of the seal much. The second I think is too much crowded, nor is the design so striking. But for god’s sake what is the “Deus nobis haec otia facit”? It puzzles every body here; if my country really enjoys that otium, it is singular, as every other colony seems to be hard struggling. I think it was agreed on before Dunmore’s flight from Gwyn’s island so that it can hardly be referred to the temporary holiday that has given you. This device is too ænigmatical, since it puzzles now, it will be absolutely insoluble fifty years hence.

I would not advise that the French gentleman should come here. We have so many of that country and have been so much imposed on, that the Congress begins to be sore on that head. Besides there is no prospect of raising horse this way. But if you approve of the Chevalier de St. Aubin, why not appoint him yourselves, as your troops of horse are Colonial not Continental.

The 8th battalion will no doubt be taken into Continental pay from the date you mention. So also will be the two written for lately to come to the Jersies. The 7th should have been moved in Congress long e’er now, but the muster roll sent us by Mr. Yates was so miserably defective that it would not have been received, and would have exposed him. We therefore desired him to send one more full, still giving it the same date, and I enclosed him a proper form. If he is diligent we may receive it by next post.

The answer to your public letter we have addressed to the governor.

There is nothing new here. Washington’s and Mercer’s camps recruit with amazing slowness. Had they been reinforced more readily something might have been attempted on Staten Island. The enemy there are not more than 8, or 10,000 strong. Ld Howe has recd. none of his fleet, unless some Highlanders (about 8, or 10 vessels) were of it. Our army at Tyonderoga is getting out of the small pox. We have about 150 carpenters I suppose got there by now. I hope they will out-build the enemy, so as to keep our force on the lake superior to theirs. There is a mystery in the dereliction of Crown-point. The general officers were unanimous in preferring Tyonderoga, and the Field officers against it. The latter have assigned reasons in their remonstrance which appear unanswerable, yet every one acquainted with the ground pronounce the measure right without answering these reasons.

Having declined serving here the next year, I shall be with you at the first session of our assembly. I purpose to leave this place the 11th of August, having so advised Mrs. Jefferson by last post, and every letter brings me such an account of the state of her health, that it is with great pain I can stay here till then. But Braxton purposing to leave us the day after tomorrow, the colony would be unrepresented were I to go, before the 11th. I hope to see Col. Lee and Mr. Wythe here. Tho’ the stay of the latter will I hope be short, as he must not be spared from the important department of the law. Adieu, adieu.

to francis eppes1

Philadelphia, July 23, 1776.

Dear Sir,

—We have nothing new here now but from the southward. The successes there I hope will prove valuable here, by giving new spirit to our people. The ill successes in Canada had depressed the minds of many; when we shall hear the last of them I know not; everybody had supposed Crown Point would be a certain stand for them, but they have retreated from that to Ticonderoga, against everything which in my eye wears the shape of reason. When I wrote you last, we were deceived in General Washington’s numbers. By a return which came to hand a day or two after, he then had but 15,000 effective men. His reinforcements have come in pretty well since. The flying camp in the Jerseys under General Mercer begins to form, but not as fast as exigencies require. The Congress have, therefore, been obliged to send for two of our battalions from Virginia. I hope that country is perfectly safe now; and if it is, it seems hardly right that she should not contribute a man to an army of 40,000 and an army too on which was to depend the decision of all our rights. Lord Howe’s fleet has not yet arrived. The first division sailed five days before he did, but report says it was scattered by a storm. This seems probable, as Lord Howe had a long passage. The other two divisions were not sailed when he came away. I do not expect his army will be here and fit for action till the middle or last of August; in the meantime, if Mercer’s camp could be formed with the expedition it merits, it might be possible to attack the present force from the Jersey side of Staten Island, and get rid of that beforehand; the militia go in freely, considering they leave their harvest to rot in the field.

I have received no letter this week, which lays me under great anxiety. I shall leave this place about the 11th of next month. Give my love to Mrs. Eppes, and tell her that when both you and Patty fail to write me, I think I shall not be unreasonable in insisting she shall.

to john page1

Philadelphia, Aug. 5, 1776.

Dear Page,

—I am sorry to hear that the Indians have commenced war, but greatly pleased you have been so decisive on that head. Nothing will reduce those wretches so soon as pushing the war into the heart of their country. But I would not stop there. I would never cease pursuing them while one of them remained on this side the Mississippi. So unprovoked an attack & so treacherous a one should never be forgiven while one of them remains near enough to do us injury. The Congress having had reason to suspect the Six nations intended war, instructed their commissioners to declare to them peremptorily that if they chose to go to war with us, they should be at liberty to remove their families out of our settlements, but to remember that they should not only never more return to their dwellings on any terms but that we would never cease pursuing them with war while one remained on the face of the earth; & moreover, to avoid equivocation, to let them know they must recall their young men from Canada, or we should consider them as acting against us nationally. This decisive declaration produced an equally decisive act on their part; they have recalled their young men, & are stirring themselves with anxiety to keep their people quiet, so that the storm we apprehended to be brewing there it is hoped is blown over. Colo. Lee being unable to attend here till the 20th inst I am under the painful necessity of putting off my departure, notwithstanding the unfavorable situation of Mrs Jefferson’s health. We have had hopes till to-day of receiving an authentication of the next year’s delegation, but are disappointed. I know not who should have sent it, the Governor, or President of Convention: but certainly somebody should have done it. What will be the consequence I know not. We cannot be admitted to take our seat on any precedent or the spirit of any precedent yet set! According to the standing rules not only an authentic copy will be required, but it must be entered in the journals verbatim that it may there appear we have right to sit. This seems the more necessary as the quorum is then to be reduced. Some of the newspapers indeed mention that on such a day such & such gentlemen were appointed to serve for the next year, but could newspaper evidence be received. They could not furnish the form of the appointment, not yet that quorum is to be admitted.

Ld. Howe is recruiting fast. Forty odd ships arrived the other day, & others at other times. It is questionable whether our recruits come in so speedily as his. Several valuable West Indian men have been taken & brought in lately, & the spirit of privateering is gaining ground fast. No news from Ticonderoga. I enclose you (to amuse your curiosity) the form of the prayer substituted in the room of the prayer for the King by Mr. Duché, chaplain to the Congress. I think by making it so general as to take in Conventions, assemblies, &c., it might be used instead of that for the parliament. Adieu.

to francis eppes1

Philadelphia, Aug. 9th, 1776.

Dear Sir,

—As Col. Harrison was about to have some things packed, I set out upon the execution of your glass commission, and was surprised to find that the whole glass stores of the city could not make out anything like what you desired. I therefore did what I thought would be best, imagining you wanted the number you mentioned at any event, and that not being able to get them of that form, you would take them of any other. I therefore got 4 pint cans, 10s; 2 quart do. 8s; and six half-pint tumblers, 6s., all of double flint. So that there still remains in my hands £4 16s., Pennsylva currcy.

Your teckle is not yet come. It seems the man who had promised to sell it to the gentleman I employed to get it, now raises some difficulties either to get off others which he calls the set, or to enhance the price. However, the gentleman still expects it, and I am after him every day for it. Our galleys at New York have had a smart engagement with the men-of-war which went up the river; it is believed the enemy suffered a good deal. The galleys are much injured, though we lost but two men. The commander writes us word he retired, that he might go and give them another drubbing, which in plain English meant, I suppose, that he was obliged to retire. Gen. Washington commends the behavior of the men much. They lay pretty close to the enemy, and two of the galleys were exposed to the broadside of their ships almost the whole time. The damage done them proves they were in a warm situation. Madison (of the college) and one Johnson, of Augusta, were coming passengers in the New York Packet; they were attacked by one of our armed vessels, and nothing but the intervention of night prevented the packet being taken. She is arrived at New York, and they permitted to come. In a letter by them, we have intelligence that the French ministry is changed, the pacific men turned out, and those who are for war, with the Duke de Choiseul at their head, are taken in. We have also the king’s speech on the prorogation of parliament, declaring he will see it out with us to the bitter end.

The South Carolina army with Clinton Sr., arrived at Staten Island last week, one of their transports, with 5 companies of Highlanders, having first fallen into General Lee’s hands. They now make Lord Howe 12,000 strong. With this force he is preparing to attack. He is embarking his cannon; has launched 8 galleys, and formed his men-of-war into line of battle. From these circumstances, it is believed the attack of New York will be within three or four days. They expect with the utmost confidence to carry it, and they consider our army but as a rude undisciplined rabble. I hope they will find it a Bunker’s Hill rabble. Notwithstanding these appearances of attack, there are some who believe, and with appearance of reason, that these measures are taken by the enemy to secure themselves and not to attack us. A little time will shew. General Arnold (a fine sailor) has undertaken to command our fleet on the lakes. The enemy are fortifying Oswego, and I believe our army there, when recovered from their sickness, will find they have lost a good campaign, though they have had no battle of moment.

My love to Mrs. Eppes. I hope my letter by last post got there time enough to stay Patty with her a while longer. Adieu.

to — 1

Philadelphia, Aug. 13, 1776.

Dear Sir,

—Your’s of Aug. 3. came to hand yesterday; having had no moment to spare since, I am obliged to set down to answer it at a Committee table while the Committee is collecting. My thoughts therefore on the subject you propose will be merely extempore. The opinion that our lands were allodial possessions is one which I have very long held, and had in my eye during a pretty considerable part of my law reading which I found always strengthened it. It was mentioned in a very hasty production, intended to have been put under a course of severe correction, but produced afterwards to the world in a way with which you are acquainted. This opinion I have thought & still think to prove if ever I should have time to look into books again. But this is only meant with respect to the English law as transplanted here. How far our acts of assembly or acceptance of grants may have converted lands which were allodial into feuds I have never considered. This matter is now become a mere speculative point; & we have it in our power to make it what it ought to be for the public good.

It may be considered in the two points of view 1st. as bringing a revenue into the public treasury. 2d. as a tenure. I have only time to suggest hints on each of these heads. 1. Is it consistent with good policy or free government to establish a perpetual revenue? is it not against the practice of our wise British ancestors? have not the instances in which we have departed from this in Virginia been constantly condemned by the universal voice of our country? is it safe to make the governing power when once seated in office, independent of it’s revenue? should we not have in contemplation & prepare for an event (however deprecated) which may happen in the possibility of things; I mean a reacknowledgment of the British tyrant as our king, & previously strip him of every prejudicial possession? Remember how universally the people run into the idea of recalling Charles the 2d after living many years under a republican government.—As to the second was not the separation of the property from the perpetual use of lands a mere fiction? Is not it’s history well known, & the purposes for which it was introduced, to wit, the establishment of a military system of defence?

Was it not afterwards made an engine of immense oppression? Is it wanting with us for the purpose of military defence? May not it’s other legal effects (such of them at least as are valuable) be performed in other more simple ways? Has it not been the practice of all other nations to hold their lands as their personal estate in absolute dominion? Are we not the better for what we have hitherto abolished of the feudal system? Has not every restitution of the antient Saxon laws had happy effects? Is it not better now that we return at once into that happy system of our ancestors, the wisest & most perfect ever yet devised by the wit of man, as it stood before the 8th century.

The idea of Congress selling out unlocated lands has been sometimes dropped, but we have always met the hint with such determined opposition that I believe it will never be proposed.—I am against selling the lands at all. The people who will migrate to the Westward whether they form part of the old, or of a new colony will be subject to their proportion of the Continental debt then unpaid. They ought not to be subject to more. They will be a people little able to pay taxes. There is no equity in fixing upon them the whole burthen of this war, or any other proportion than we bear ourselves. By selling the lands to them, you will disgust them, and cause an avulsion of them from the common union. They will settle the lands in spite of everybody.—I am at the same time clear that they should be appropriated in small quantities. It is said that wealthy foreigners will come in great numbers, & they ought to pay for the liberty we shall have provided for them. True, but make them pay in settlers. A foreigner who brings a settler for every 100, or 200 acres of land to be granted him pays a better price than if he had put into the public treasury 5/ or 5£. That settler will be worth to the public 20 times as much every year, as on our old plan he would have paid in one paiment. I have thrown these loose thoughts together only in obedience to your letter, there is not an atom of them which would not have occurred to you on a moment’s contemplation of the subject. Charge yourself therefore with the trouble of reading two pages of such undigested stuff.

By Saturday’s post the General wrote us that Ld. Howe had got (I think 100) flat bottomed boats alongside, & 30 of them were then loaded with men; by which it was concluded he was preparing to attack, yet this is Tuesday & we hear nothing further. The General has by this last return, 17000 some odd men, of whom near 4000 are sick & near 3000 at out posts in Long Island &c. So you may say he has but 10000 effective men to defend the works of New York. His works however are good & his men in spirits, which I hope will be equal to an addition of many thousands. He had called for 2000 men from the flying camp which were then embarking to him & would certainly be with him in time even if the attack was immediate. The enemy have (since Clinton & his army joined them) 15.000 men of whom not many are sick. Every influence of Congress has been exerted in vain to double the General’s force. It was impossible to prevail on the people to leave their harvest. That is now in, & great numbers are in motion, but they have no chance to be there in time. Should however any disaster befall us at New York they will form a great army on the spot to stop the progress of the enemy. I think there cannot be less than 6 or 8000 men in this city & between it & the flying camp. Our council complain of our calling away two of the Virginia battalions. But is this reasonable. They have no British enemy, & if human reason is of any use to conjecture future events, they will not have one. Their Indian enemy is not to be opposed by their regular battalions. Other colonies of not more than half their military strength have 20 battalions in the field. Think of these things & endeavor to reconcile them not only to this, but to yield greater assistance to the common cause if wanted. I wish every battalion we have was now in New York.—We yesterday received dispatches from the Commissioners at Fort Pitt. I have not read them, but a gentleman who has, tells me they are favorable. The Shawanese & Delewares are disposed to peace. I believe it, for this reason. We had by different advices information from the Shawanese that they should strike us, that this was against their will, but that they must do what the Senecas bid them. At that time we knew the Senecas meditated war. We directed a declaration to be made to the six nations in general that if they did not take the most decisive measures for the preservation of neutrality we would never cease waging war with them while one was to be found on the face of the earth. They immediately changed their conduct and I doubt not have given corresponding information to the Shawanese and Delewares.

I hope the Cherokees will now be driven beyond the Missisipi & that this in future will be declared to the Indians the invariable consequence of their beginning a war. Our contest with Britain is too serious and too great to permit any possibility of avocation from the Indians. This then is the season for driving them off, & our Southern colonies are happily rid of every other enemy & may exert their whole force in that quarter.

I hope to leave this place sometime this month.

I am Dear Sir, Your affectionate friend

P. S. Mr. Madison of the college & Mr. Johnson of Fredsb’gh are arrived in New York. They say nothing material had happened in England. The French ministry was changed.

to john page1

Philadelphia, Aug. 20, 1776.

Dear Page,

—We have been in hourly expectation of the great decision at New York, but it has not yet happened. About three nights ago an attempt was made to burn the two ships which had gone up the river. One of the two fire-rafts prepared for that purpose grappled the Phenix ten minutes, but was cleared away at last. A tender however was burnt. The two ships came down on Sunday evening and passed all our batteries again with impunity. Ld. Dunmore is at Staten isld. His sick he sent to Halifx, his effective men he carried to Staten isld. & the blacks he shipped off to the West Indies. Two gentlemen who had been taken prisoners by the enemy have made their escape. They say they are now 20,000 & that another division of 5,000 foreigners is still expected. They think Ld Howe will not attack these 10 days, but that he does not wait for his last division, being confident of victory without. One of these informants was captain of a continental vessel going for ammunition. The mate & crew rose & took the vessel. They fell in with the division of the Hessians which came with the Hessian general & were brought to. The general learning from the dethroned captain what had happened, immediately threw the piratical mate into irons, & had the captain to dine with him every day till they got to Halifx where he delivered him, vessel &c. over to the English.—A gentleman who lived some time in this city, but since last winter has become a resident of St. Eustatia writes that by a Dutch ship from Amsterdam they have advice that the states of Holland had refused to renew the prohibition on the exportation of powder to the colonies, or to cede to the English the Scotch brigade in their service, or to furnish them with some men of war asked of them by the British court. This refusal so piqued the ministry that they had been enduced to take several Dutch ships, amongst which he said were two which sailed from that island & were carried to London, another to St. Kitt’s. In consequence of this the Dutch have armed 40 ships of war & ordered 60 more to be built & are raising 20,000 land forces. The French governor in chief of their W. Indies has not only refused to permit a capt of a man of war to make prize of our vessels in their ports but forbidden them to come within gun shot of the ports. The enemy’s men of war being withdrawn from our whole coast to N.York gives us now fine opportunities of getting in powder. We see the effect here already.

Two Canadians who had been captains in our Canadian regiment & who General Gates writes us are known in the army to be worthy of good credit made their escape from St. John’s, & came over to our army from Tyconderoga; & give the following intelligence. The enemy did not fortify any place we abandoned. They had 2000 men at Isle aux noix under Genl. Fraser, 2000 at St. John’s under Carleton & some at Montreal. 250 only had been left at Quebec. It was reported that 4000 English troops which were to have been a part of that army had perished at sea which gave great uneasiness. The fleet brot over timber &c for 50 boats which they attempted to transport by land from the mouth of Sorel to St. John’s, but could not for want of carriages which had been destroyed. Carleton, therefore, employed Canadians to build batteaux at St. John’s. He has rendered himself very odious to the Canadians by levying contributions on them in general & confiscating the estates of all those who follow-lowed our army or who abscond. Great numbers of the Germans desert daily & are anxiously concealed by the inhabitants. 70 Brunswickers disappeared in one day. Their officers are so much afraid of bush-fighting & ambushes that they will not head any parties to pursue the runaways. The men have the same fears, which prevents them from deserting in so great numbers as is supposed they will when once our fleet shall appear cruising on the lake to receive & protect them. Between the 22d & 24th July Carlet on & the other generals abandoned all their posts on this side Sorel except St. John’s with as great precipitation as our poor sick army had done, carrying with them their artillery & provisions. This was occasioned by the arrival and mysterious manœuvres of a fleet at Quebec supposed French, hoisting different colours & firing at Tenders sent from the town to enquire who they were. 200 men were left at Isle aux noix to send them intelligence of our operations, who they say will go down the river if we return into Canada. For this event the Canadians are offering up prayers at the shrines of all their saints. Carleton some time ago hearing that we were returning with a considerable reinforcement was so terrified that he would have retired immediately had not some of his spies come in & informed him of the deplorable situation to which the small pox had reduced our army.—They are recovering health and spirits. Genl. Gates writes that he had accounts of the roads being crowded with militia coming to his assistance. 600 from New Hampshire came in while he was writing his letter, being the first. His fleet had sailed from Tyconderoga to Crown point. Their number and force as follows.

GunsSwivelsMen
1 Schooner 12, 4 lbrs.1050
1 Sloop 12, 4 lbrs.1050
1 Schooner 4, 4 lbrs. 4, 2 lbrs.1035
1 Schooner 2, 4 lbrs. 6, 2 lbrs.835
2 Gallies, each 1, 12 lbrs. 2, 9 lbrs.845
2 Gallies, each 3, 9 lbrs.845
2 Gallies not quite rigged.

Eight more gallies would be ready to join them in a fortnight when they would proceed down the Cape. General Arnold (who is said to be a good sailor) had undertaken the command. We have 200 fine ship carpenters (mostly sent from here) at work. I hope a fleet will soon be exhibited on that lake such as it never bore. The Indians have absolutely refused Carleton in Canada & Butler at Niagara to have any thing to do in this quarrel, & applaud in the highest terms our wisdom & candour for not requiring them to meddle. Some of the most sensible speeches I ever saw of theirs are on this head, not to be spoken to us, but behind our backs in the councils of our enemies. From very good intelligence the Indians of the middle department will be quiet. That treaty is put off till October. Were it not that it interferes with our Assembly I would go to it, as I think something important might be done there, which could not be so well planned as by going to the spot & seeing its geography. We have great fear that the sending an agent from Virginia to enlist Indians will have ill consequences. It breaks in upon the plan pursued here & destroys that uniformity & consistency of counsels which the Indians have noticed & approved in their speeches. Besides they are a useless, expensive, ungovernable ally.—I forgot to observe that a captain Mesnard of Canada had come to Genl. Gates after the two above mentioned & confirmed their account in almost every article. One of the German deserters travelled with him to within 20 miles of our camp, when he was obliged to halt through fatigue. He passed 3 others of them.—Baron Woedeke is dead, no great loss from his habit of drinking.—The infamous Bedel & Butterfield were ordered by Congress to be tried for their conduct. They have been tried by a Court martial, condemned & broke with infamy. We inclose to you all the Commissions mentioned in the last letter of the delegates, except Innis’s to be forwarded to the Eastern shore immediately, & Weedon’s & Marshall’s who we are informed are on the road hither. Would to God they were in N. York. We wait your recommendation for the 2 vacant majorities. Pray regard militaryment alone. The commissions now sent do not fix the officers to any particular battalion so that the commanding officer will dispose of them. Cannot you make use of any interest with Lee or Lewis to call Innis over to the Western shore. He pants for it, & in my opinion has a right to ask it. Adieu, Adieu.

Davis with the 4000 lb of gun powder & 90 stand of arms for Virgā got into Egg harbour. We have sent waggons for the powder to bring it here, & shall wait your further order. We were obliged to open Van Bibber & Harrison’s letter to the Council of safety of Virgā in order to take out the bill of lading without which it would not be delivered.

resolution to encourage desertions of hessian officers1

j. mss.

Aug. 27. [1776]

The Congress proceeding to take into further consideration the expediency of inviting from the service of his Brittanick majesty such foreigners as by the compulsive authority of their prince may have been engaged therein & sent hither for the purpose of waging war against these states, and expecting that the enlightened minds of the officers having command in those foreign corps will feel more sensibly the agency of the principles urged in our resolution of the 14th instant,2 principles which be derived from the unalterable laws of God & nature cannot be superseded by any human authority or engagement, and willing to tender to them also, as they had before done to the soldiery of their corps a participation of the blessings of peace, liberty, property & mild government, on their relinquishing the disgraceful office on which they have been sent hither: Resolved that they will give all such of the said foreign officers as shall leave the armies of his Britannic majy in America & chuse to become citizens of these states, unappropriated lands in the following quantities and proportions to them & their heirs in absolute dominnion: To a colonel 1,000 acres, to a Lt Col. 800 as. to a Major 600 as. to a Captn 400 as. to an Ensign 200 as. to every non commisd. officer 100 as. & to every other officer or person employed in the sd foreign corps & whose office or employment is not here specifically named, lands in the like proportion to their rank or pay in the sd corps: & moreover that where any officers shall bring with them a number of the sd foreign soldiers, this Congress, besides the lands before promised to the sd officers and soldiers will give to such officers further rewards proportionate to the numbers they shall bring over & suited to the nature of their wants. Provided that such foreign officers or soldiers shall come within over from the sd service before these offers be recalled, or within after a reasonable time.

resolutions on peace propositions1

j. mss.

[Aug. 28, 1776]

Resolved that tho’ this Congress, during the dependance of these states on the British crown with unwearied supplications sued for peace & just redress, & tho’ they still retain a sincere disposition to peace; yet as his Britannic majesty by an obstinate perseverance in injury & a callous indifference to the sufferings & the complaints of these states, has driven them to the necessity of declaring themselves independent, this Congress bound by the voice of their constituents, which coincides with their own sentiments, have no power to enter into conference or to receive any propositions on the subject of peace which do not as a preliminary acknowledge these states to be sovereign & independant: & that whenever this shall have been authoritatively admitted on the part of Great Britain they shall at all times & with that earnestness which the love of peace and justice inspires, be ready to enter into conference or treaty for the purpose of stopping the effusion of so much kindred blood.

Resolved that the reproof given by Genl. Washington to Ld Drummond for breach of his parole, & his refusal to give him a pass thro’ the states on so idle an errand and after a conduct so dishonourable, be approved by this house & let it be submitted to the General to take such measures as his prudence will suggest to prevent any evil which may happen to these states by Lord Drummond’s further continuing communication with their enemies.

Resolved that the articles enclosed by Ld Drummond to Ld Howe whereby it is proposed “that it shall be ascertained by calculation what supply towards the general exigency of the state each separate colony shall furnish, to be increased or lessened in proportion to the growth or decline of such colony, & to be vested in the king by a perpetual grant, in consideration whereof Great Britain should relinquish only her claim to taxation over these colonies,” which the sd Ld Drummond suggests “the colonies were disposed not many months ago to have made the basis of a reconciliation with Gr. Britain,” were the unauthorized, officious & groundless suggestions of a person who seems totally unacquainted with either reasonings or the facts which have attended this great controversy; since from its first origin to this day there never was a time when these states intimated a disposition to give away in perpetuum their essential right of judging whether they should give or withhold their money for what purposes they should make the gift, and what should be its continuance.

to the president of the continental congress1(john hancock)

c.c.

Williamsburgh, Octob. 11, 1776.

Honorable Sir,

—Your favor of the 30th together with the resolutions of Congress of the 26th Ult came safe to hand. It would argue great insensibility in me could I receive with indifference so confidential an appointment from your body. My thanks are a poor return for the partiality they have been pleased to entertain for me. No cares for my own person, nor yet for my private affairs would have induced one moment’s hesitation to accept the charge. But circumstances very peculiar in the situation of my family, such as neither permit me to leave nor to carry it, compel me to ask leave to decline a service so honorable & at the same time so important to the American cause. The necessity under which I labor & the conflict I have undergone for three days, during which I could not determine to dismiss your messenger, will I hope plead my pardon with Congress, and I am sure there are too many of that body, to whom they may with better hopes confide this charge, to leave them under a moment’s difficulty in making a new choice. I am, Sir, with the most sincere attachment to your honorable body & and the great cause they support, their and your most obedient humble servt.

notes on religion1

j. mss.

[Oct. 1776?]

Sabellians. Xn. heretics. That there is but one person in the Godhead. That the ‘Word’ & holy spirit are only virtues, emanations or functions of the deity.

Sorcinians. Xn. heretics. That the Father is the one only god. That the Word is no more than an expression of ye. godhead & had not existed from all eternity; that Jes. Christ was god no otherwise than by his superiority above all creatures who were put in subjection to him by the father. That he was not a mediator, but sent to be a pattern of conduct to men. That the punishments of hell are nt. eternal.

Arminians. They think with the Romish church (agt. the Calvinists) that there is an universal grace given to all men, & that man is always free & at liberty to receive or reject grace. That God creates men free, that his justice would not permit him to punish men for crimes they are predestinated to commit. They admit the presence of god, but distinguish between fore-knowing & predestinating. All the fathers before St. Austin were of this opinion. The church of Engld founded her article of predestination on his authority.

Arians. Xn. heretics. They avow there was a time when the Son was not, that he was created in time mutable in nature, & like the angels liable to sin; they deny the three persons in the trinity to be of the same essence. Erasmus and Grotius were Arians.

Apollinarians. Xn. heretics. They affirm there was but one nature in Christ, that his body as well as soul was impassive & immortal, & that his birth, death, & resurrection was only in appearance.

Macedonians. Xn. heretics. They teach that the Holy ghost was a meer creature, but superior in excellence to the Angels. See Broughton, verbo ‘Heretics,’ an enumeration of 48. sects of Christians pronounced Heretics.

Locke’s system of Christianity is this: Adam was created happy & immortal; but his happiness was to have been Earthly & Earthly immortality. By sin he lost this—so that he became subject to total death (like that of brutes) to the crosses & unhappiness of this life. At the intercession however of the son of god this sentence was in part remitted. A life conformable to the law was to restore them again to immortality. And moreover to them who believed their faith was to be counted for righteousness. Not that faith without works was to save them; St. James. c. 2. sais expressly the contrary; & all make the fundamental pillars of Xty to be faith & repentance. So that a reformation of life (included under repentance) was essential, & defects in this would be made up by their faith; i. e. their faith should be counted for righteousness. As to that part of mankind who never had the gospel preached to them, they are 1. Jews.—2. Pagans, or Gentiles. The Jews had the law of works revealed to them. By this therefore they were to be saved: & a lively faith in god’s promises to send the Messiah would supply small defects. 2. The Gentiles. St. Pa. sais—Rom. 2. 13. ‘the Gentiles have the law written in their hearts, i. e. the law of nature: to which adding a faith in God’s & his attributes that on their repentance he would pardon them, they also would be justified. This then explains the text ‘there is no other name under heaven by which a man may be saved,’ i. e. the defects in good works shall not be supplied by a faith in Mahomet Foe, [?] or any other except Christ.

The fundamentals of Xty as found in the gospels are 1. Faith, 2. Repentance. That faith is every [where?] explained to be a belief that Jesus was the Messiah who had been promised. Repentance was to be proved sincerely by good works. The advantages accruing to mankind from our Saviour’s mission are these.

1. The knolege of one god only.

2. A clear knolege of their duty, or system of morality, delivered on such authority as to give it sanction.

3. The outward forms of religious worship wanted to be purged of that farcical pomp & nonsense with which they were loaded.

4. An inducement to a pious life, by revealing clearly a future existence in bliss, & that it was to be the reward of the virtuous.

The Epistles were written to persons already Christians. A person might be a Xn then before they were written. Consequently the fundamentals of Xty were to be found in the preaching of our Saviour, which is related in the gospels. These fundamentals are to be found in the epistles dropped here & there, & promiscuously mixed with other truths. But these other truths are not to be made fundamentals. They serve for edification indeed & explaining to us matters in worship & morality, but being written occasionally it will readily be seen that their explanations are adpated to the notions & customs of the people they were written to. But yet every sentence in them (tho the writers were inspired) must not be taken up & made a fundamental, without assent to which a man is not to be admitted a member of the Xn church here, or to his kingdom hereafter. The Apostles creed was by them taken to contain all things necessary to salvation, & consequently to a communion.

Shaftesbury Charact. As the Antients tolerated visionaries & enthusiasts of all kinds so they permitted a free scope to philosophy as a balance. As the Pythagoreans & latter Platonists joined with the superstition of their times the Epicureans & Academicks were allowed all the use of wit & railery against it. Thus matters were balanced; reason had play & science flourished. These contrarieties produced harmony. Superstition & enthusiasm thus let alone never raged to bloodshed, persecution &c. But now a new sort of policy, which considers the future lives & happiness of men rather than the present, has taught to distress one another, & raised an antipathy which if temporal interests could ever do now uniformity of opn, a hopeful project! is looked on as the only remedy agt. this evil & is made the very object of govm’t itself. If magistracy had vouchsafed to interpose thus in other sciences, we should have as bad logic, mathematics & philosophy as we have divinity in countries where the law settles orthodoxy.

Suppose the state should take into head that there should be an uniformity of countenance. Men would be obliged to put an artificial bump or swelling here, a patch there &c. but this would be merely hypocritical, or if the alternative was given of wearing a mask, 99/100 ths must immediately mask. Would this add to the beauty of nature? Why otherwise in opinions? In the middle ages of Xty opposition to the State opins was hushed. The consequence was, Xty became loaded with all the Romish follies. Nothing but free argument, raillery & even ridicule will preserve the purity of religion. 2 Cor. 1. 24. the apostles declare they had no dominion over the faith.

A heretic is an impugner of fundamentals. What are fundamentals? The protestants will say those doctrines which are clearly & precisely delivered in the holy Scriptures. Dr. Vaterland would say the Trinity. But how far this character of being clearly delivered will suit the doctrine of the trinity I leave others to determine. It is nowhere expressly declared by any of the earliest fathers, & was never affirmed or taught by the Church before the Council of Nice (Chillingas Pref. § 18. 33.) Iranæus sais ‘who are the clean? those who go on firmly, believing in the Father & in the Son.” The fundamental doctrine or the firmness of the Xn faith in this early age then was to believe in the Father & Son. Constantine wrote to Arius & Alexr treating the question “as vain foolish & impertinent as a dispute of words without sense which none could explain nor any comprehend &c.’ This line is commended by Eusebius (Vit. Constant 1. r. c. 64 &c.) and Socrates (Hist. Eccles. 1. i. c. 7) as excellent admirable & full of wisdom. 2 Middleton. 115. remarks on the story of St. John & [[Editor: illegible word “Le saint concil (de Nièce anno 630) ayant defini que le fils de dieu est de meme substance que son pere & qu’il est eternel comme lui, composa une Simbole (the Nicene creed) ou il explique la divinite du pere et du fils et qu’il finit par ces paroles ‘dont le regne n’aura point de fin.’ car la doctrine que regarde le Saint Esprit ne fut ajoutée que dans la seconde concile tenu contre les erreurs de Macedoniens, ou ces questions furent agitées.” Zonaras par Coussin. Ann. 330. The second council meant by Zonoras was that of Constantinople ann. 381. D’hist. Prim. Xty. pref. XXXVIII. 2d app. to pref. 49. The Council of Antioch ann [ ] expressly affirms of our Saviour οὐϰ ἐστιν ὁμουσιοϛ that he was not consubstantial to the father. The Council of Nice affirmed the direct contrary. Dhist. Prim. Xty. Pref. CXXV.

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Episcopy. Gr. Επισϰοποϛ. Lat. Episcopus. Ital. Vescovo. Fr. Evesque. Saxon, Byscop. Bishop (overseer). The epistles of Paul to Timothy & Titus are relied on (together with Tradition) for the Apostolic institution of bishops.

As to tradition, if we are Protestants we reject all tradition, & rely on the scripture alone, for that is the essence & common principle of all the protestant churches. As to Scripture 1. Tim. 3. 2. ‘a bishop must be blameless &c. Επισϰοποϛ.’ v. 8.; ‘likewise must the deacons be grave &c. Διαϰονοϛ’ (ministers). C. 5. v. 6, he calls Timothy a ‘minister, Διαϰονοϛ;’ C. 4. v. 14. ‘neglect not the gift that is in thee, which was given thee by prophecy with the laying on the hands of the presbytery, πρεσβυτεριου’; C. 5. ‘rebuke not an elder; Πρεσβυτεροι.’ 5:17;—‘let the elders that rule well, &c. Πρεσβυτεροι.’ 5.19; ‘against an elder (Πρεσβυτεροϛ) receive nt an accusn.’ 5.22. ‘lay hands suddenly on no man, χειραϛ ἐπιτίθει.’ 6.11. He calls Timothy man of God ἄνθρωπε τοῦ θεοῦ, 2. Tim. 1. 6. ‘stir up the gift of god, which is in thee, by the putting on of my hands ‘ἐπιθεσεωϛ των χειρων’ but ante c. 4. v. 14, he said it was by the hands of the presbytery. This imposition of hands then was some ceremony or custom frequently repeated, & certainly is a good proof that Timothy was ordained by the elders (& consequently that they might ordain) as that it was by Paul. 1. 11. Paul calls himself ‘a preacher,’ ‘an apostle,’ ‘a teacher.’ ‘ϰηρυξ, ϰαι αποστολοϛ ϰαι διδασϰαλοϛ.’ Here he designates himself by several synonims as he had before done Timothy. Does this prove that every synonim authorizes a different order of ecclesiastics. 4. 5. ‘do the work of an Evangelist, make full proof of thy ministry’ ἐργον ποιησον εὐαγγελιστου, την διαϰονιαν σου πληροφορεισον.’ Timothy then is called ‘επισϰοποϛ, διαϰονοϛ, ευαγγελιστοϛ.’ ανϑρωποϛ ϑεου.’ 4.11. He tells Tim. to bring Mark with him, for ‘he is profitable to me for the ministry.’ διαϰονιαν. Epist. to Titus. 1. 1, he calls himself ‘a servant of god’ δουλοϛ θεου.’ 1.5. ‘for this cause left I thee in Crete that thou shouldst set in order the things that are wanting, and ordain (ϰαταστησῃϛ) elders in every city, as I had appointed thee.’ If any be blameless, the husband of one wife, having faithful children, not accused of riot or unruly, for a bishop must be blameless as the steward of god &c. Here then it appears that as the elders appointed the bishops, so the bishops appointed the elders, i. e., they are synonims. Again when telling Titus to appoint elders in every city he tells him what kind of men they must be, for said he a bishop must be &c., so that in the same sentence he calls elders bishops. 3.10 ‘a man that is an heretic after the first & second admonition, reject, ‘αἱρετιϰον.’ James 5. 14. ‘is any sick among you? Let him call for the elders (πρεσβυτεροϛ) of the church, & let them pray over him, anointing him with oil in the name of the lord.’

Another plea for Episcopal government in Religion in England is it’s similarity to the political governmt by a king. No bishop, no king. This then with us is a plea for government by a presbytery which resembles republican government.

The clergy have ever seen this. The bishops were alwais mere tools of the crown.

The Presbyterian spirit is known to be so congenial with friendly liberty, that the patriots after the restoration finding that the humour of people was running too strongly to exalt the prerogative of the crown promoted the dissenting interest as a check a and balance, & thus was produced the Toleration Act.

St. Peter gave the title of clergy to all god’s people till Pope Higinus & ye. succeeding prelates took it from them & appropriated it to priests only. 1 Milt. 230.

Origen, being yet a layman, expounded the scripchures publickly & was therein defended by Alexander of Jerusalem & Theodotn of Cæsarea producing in his behalf divers examples that the privilege of teaching was antiently permitted to laymen. The first Nicene council called in the assistance of many learned lay brethren. ib. 230.

Bishops were elected by the hands of the whole church. Ignatius (the most ant. of the extant fathers) writing to the Philadelphians sais ‘that it belongs to them as to the church of god to chuse a bishop.’ Camden in his description of Scotld sais ‘that over all the world bps had no certain dioces till pope Dionysius about the year 268 did cut them out, & that the bps of Scotld extd their function in what place soever they came, indifferently till temp Malcolm 3. 1070.’

Cyprian, epist. 68. sais ‘the people chiefly hath power either of chusing worthy or refusing unworthy bps the council of Nice contrary to the African churches exorts them to chuse orthodox bps in the place of the dead.’ 1 Milt. 254.

Nicephorus Phocas the Greek emperor Ann. 1000 first enacted that no bps shd be chozen without his will. Ignatius in his epistle to those of Tra [mutilated] confesseth that the presbyters are his fellowsellers & fellow henchers & Cyprian in the 6. 4. 52. epst. calls the presbyters, ‘his com-presbyters’ yet he was a bps.—A modern bps to be moulded into a primitive one must be elected by the people, undiocest, unrevenued, unlorded. 1 Milt. 255. From the dissensions among sects themselves arises necessarily a right of chusing & necessity of deliberating to which we will conform, but if we chuse for ourselves, we must allow others to chuse also, & to reciprocally. This establishes religious liberty.

Why require those things in order to eccliastical communion which Christ does not require in order to life eternal? How can that be the church of Christ which excludes such persons from its communion as he will one day receive into the kingdom of heaven.

The arms of a religious society or church are exhortations, admonitions & advice, & ultimately expulsion or excommunication. This last is the utmost limit of power.

How far does the duty of toleration extend?

  • 1. No church is bound by the duty of toleration to retain within her bosom obstinate offenders against her laws.
  • 2. We have no right to prejudice another in his civil enjoiments because he is of another church. If any man err from the right way, it is his own misfortune, no injury to thee; nor therefore art thou to punish him in the things of this life because thou supposeth he will be miserable in that which is to come—on the contrary accdg to the spirit of the gospel, charity, bounty, liberality is due to him.

Each church being free, no one can have jurisdn over another one, not even when the civil magistrate joins it. It neither acquires the right of the sword by the magistrate’s coming to it, nor does it lose the rights of instruction or excommunicn by his going from it. It cannot by the accession of any new member acquire jurisdn over those who do not accede. He brings only himself, having no power to bring others. Suppose for instance two churches, one of Arminians another of Calvinists in Constantinople, has either any right over the other? Will it be said the orthodox one has? Every church is to itself orthodox; to others erroneous or heretical.

No man complains of his neighbor for ill management of his affairs, for an error in sowing his land, or marrying his daughter, for consuming his substance in taverns, pulling down building &c. in all these he has his liberty: but if he do not frequent the church or there conform to ceremonies, there is an immediate uproar.

The care of every man’s soul belongs to himself. But what if he neglect the care of it? Well what if he neglect the care of his health or estate, which more nearly relate to the state. Will the magistrate make a law that he shall not be poor or sick? Laws provide against injury from others; but not from ourselves. God himself will not save men against their wills.

If I be marching on with my utmost vigour in that way which according to the sacred geography leads to Jerusalem straight, why am I beaten & ill used by others because my hair is not of the right cut; because I have not been dresst right, bec. I eat flesh on the road, bec. I avoid certain by-ways which seem to lead into briars, bec. among several paths I take that which seems shortest & cleanest, bec. I avoid travellers less grave & keep company with others who are more sour & austere, or bec. I follow a guide crowned with a mitre & cloathed in white, yet these are the frivolous things which keep Xns at war.

If the magistrate command me to bring my commodity to a publick store house I bring it because he can indemnify me if he erred & I thereby lose it; but what indemnification can he give one for the kdom of heaven?

I cannot give up my guidance to the magistrates, bec. he knows no more of the way to heaven than I do, & is less concerned to direct me right than I am to go right. If the Jews had followed their Kings, among so many, what number would have led them to idolatry? Consider the vicissitudes among the Emperors, Arians, Athana &c. or among our princes. H. 8. E. 6. Mary. Elizabeth. Locke’s Works 2d vol.

Why persecute for diffce in religs opinion?

1. For love to the person.

2. Because of tendency of these opns to dis[[Editor: illegible word.

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1. When I see them persecute their nearest connection & acquaintance for gross vices, I shall believe it may proceed from love. Till they do this I appeal to their own conscences if they will examine, wh. ye do nt find some other principle.

2. Because of tendency. Why not then level persecution at the crimes you fear will be introduced? Burn or hang the adulterer, cheat &c. Or exclude them from offices. Strange should be so zealous against things which tend to produce immorality & yet so indulgent to the immorality when produced. These moral vices all men acknowledge to be diametrically against