SECTION 16. That religion, or the duty which we owe to our Creator,

and the manner of discharging it, can be directed only by reason and

conviction, not by force or violence; and therefore all men are equally

entitled to the free exercise of religion, according to the dictates of

conscience; and that it is the mutual duty of all to practise Christian

forbearance, love and charity towards each other.

* * * * *

[The failure of historians to give due credit to this bill of rights is

remarkable. I call attention to two illustrations.

(1) Cushing's _Transition from Provincial to Commonwealth Government

in Massachusetts_ (Columbia University Studies, VII, 1896) states

incorrectly (p. 246, note 1) that the constitution of Virginia

contained no preamble (cf. No. 137 below): and, on page 247 and notes,

it quotes precedents from the Maryland bill of rights instead of from

the Virginia document from which the Maryland statement was taken;

while page 248, in referring to "others [than Massachusetts that]

realized keenly the vital importance of a clear and abiding statement

of the immunities and privileges of man in civil society," adds the

note: "A Declaration of Rights was adopted by Delaware, Maryland,

New Hampshire (1784), North Carolina, Pennsylvania, Vermont, _and_

Virginia" (!) The order of statement is ingeniously misleading. All the

others named drew mainly from the one named last.

(2) Merriam's _History of American Political Theories_ (1902) contains

several such misleading statements. On page 49, to illustrate the

fact that some State constitutions (as well as the Declaration of

Independence) asserted the doctrine of "inalienable rights," including

"life, liberty, and the pursuit of happiness," reference is made in

detail to the New Hampshire bill of rights (eight years later than

the Declaration), but not at all to the Virginia bill of rights,

which preceded the Continental Declaration. So, too, especially on

page 153, a footnote is inserted expressly to show how the idea of

"frequent recurrence to fundamental principles" was often expressed in

Revolutionary State constitutions, as follows: "Massachusetts (1780),

Art. 18; Pennsylvania (1776), Art. 14; New Hampshire, Art. 38; North

Carolina, Art. 21; Vermont, Art. 16." Would it not have been well to

recognize in such a list the State in whose constitution the phrase was

first used?]

137. The First Declaration of Independence by a State

_Preamble to the Virginia Constitution, June 29, 1776_

The Virginia constitution, adopted on June 29, 1776, consisted of

three parts: (1) a declaration of independence; (2) the bill of

rights; (3) the frame of government. The original intention (No.

135, close) had been to include the last two only, and to leave

the declaration of independence to Congress. But on June 24, when

the convention had nearly completed its consideration of the

constitution, it received from Jefferson a draft of a constitution

prefaced by a declaration of independence. Of the adoption of this

preface, Jefferson wrote in 1825:

"I was then at Philadelphia ... knowing that the Convention of

Virginia was engaged in forming a plan of government, I turned my

mind to the same subject, and drew a sketch ... of a Constitution

with a preamble, which I sent to Mr. Pendleton, president of the

Convention ... He informed me ... that he received it on the day

on which the Committee of the Whole had reported to the House the

plan they had agreed to; and that it had been so long in hand,

so disputed inch by inch ... that they were worried with the

contentions it had produced, and could not, from mere lassitude,

have been induced to open the instrument again; but that, being

pleased with the Preamble to mine, they adopted it in the House,

by way of amendment to the report of the committee [June 29]; and

thus my Preamble was tacked to the work of George Mason, ... _The

Preamble was prior in composition to the Declaration_ [of July

4]."[132]

Whereas George Guelf, king of Great Britain ... and heretofore

entrusted with the exercise of the kingly office in this government

[Virginia], hath endeavored to pervert the same into a detestable and

insupportable tyranny:

by putting his negative on laws the most wholesome and necessary

for the public good;

by ... [21 indictments follow--similar to the charges in the

Declaration soon after adopted at Philadelphia] by which

several acts of mis-rule the said George Guelf has forfeited

the kingly office, and has rendered it necessary for the

preservation of the people that he should be immediately

deposed from the same....

Be it therefore enacted by the authority of the people that the said

George Guelf be, and he hereby is deposed from the kingly office within

this government, and absolutely divested of all its rights, powers,

and prerogatives: and that he and his descendants, and all persons

acting by or through him, and all other persons whatsoever, shall be

and forever remain incapable of the same: and that the said office

shall henceforth cease, and never more either in name or substance be

reestablished within this colony.

138. Revolutionary State Governments

_a. Recommendation of Congress, May 15, 1776_

_Journals of Congress_ (Ford edition), V, 357 ff.

IN CONGRESS, May 15, 1776.

_Whereas_, his Britannic majesty, in conjunction with the lords and

commons of Great Britain, has, by a late act of parliament, excluded

the inhabitants of these united colonies from the protection of his

crown--And whereas no answer whatever to the humble petitions of the

colonies for redress of grievances and reconciliation with Great

Britain, has been, or is likely to be given, but the whole force of

that kingdom, aided by foreign mercenaries, is to be exerted for the

destruction of the good people of these colonies--and whereas it

appears absolutely irreconcilable to reason and good conscience, for

the people of these colonies NOW to take the oaths and affirmations

necessary for the support of any government under the crown of Great

Britain; =and it is necessary that the exercise of every kind of

authority under the said crown should be totally suppressed, and all

the powers of government exerted under the authority of the people of

the colonies=, for the preservation of internal peace, virtue, and

good order, as well as for the defence of their lives, liberties and

properties, against the hostile invasions and cruel depredations of

their enemies--Therefore,

=_Resolved_, That it be recommended to the respective assemblies, and

conventions, of the united colonies, where no government sufficient to

the exigencies of their affairs has been heretofore established, to

adopt such government as shall, in the opinion of the representatives

of the people, best conduce to the happiness and safety of their

constituents in particular, and America in general.=

_b. John Adams' Comment upon the Bearing of that Action (#a# above)

upon Independence_

_Letters of John Adams to His Wife_, I, 109-111. Adams had been

the special champion of the action finally recommended by Congress

as above. On the following Sunday, he wrote as follows of that

memorable action, and of the earlier action in South Carolina in

adopting a _temporary_ government of its own.

_John Adams to Abigail Adams_

Philadelphia, May 17, 1776.

I have this morning heard Mr. Duffield, upon the signs of the

times. ... He concluded, that the course of events indicated strongly

the design of Providence, that we should be separated from Great

Britain, etc....

Is it not a saying of Moses, "who am I, that I should go in and out

before this great people?" When I consider the great events which

are passed, and those greater which are rapidly advancing, and that

I may have been instrumental in touching some springs, and turning

some small wheels, which have had and will have such effects, I feel

an awe upon my mind, which is not easily described. Great Britain has

at last driven America to the last step, a complete separation from

her; a total absolute independence, not only of her Parliament, but

of her crown, _for such is the amount of the resolve of the 15th.

Confederation among ourselves, or alliances with foreign nations, are

not necessary to a perfect separation from Britain. That is effected by

extinguishing all authority under the crown, Parliament, and nation, as

the resolution for instituting governments has done, to all intents and

purposes._ Confederation will be necessary for our internal concord,

and alliances may be so for our external defence.

_I have reasons to believe that no colony, which shall assume a

government under the people, will give it up._ There is something

very unnatural and odious in a government a thousand leagues off. A

whole government of our own choice, managed by persons whom we love,

revere, and can confide in, has charms in it, for which men will

fight. Two young gentlemen from South Carolina in this city, who were

in Charlestown when their new constitution was promulgated, and when

their new Governor and Council and Assembly walked out in procession,

attended by the guards, company of cadets, light horse, etc., told me,

that they were beheld by the people with transports and tears of joy.

The people gazed at them with a kind of rapture. They both told me,

that the reflection, that these were gentlemen whom they all loved,

esteemed and revered, gentlemen of their own choice, whom they could

trust, and whom they could displace, if any of them should behave

amiss, affected them so, that they could not help crying. _They say,

their people will never give up this government. ..._

139. Instructions by "State" Conventions _against_ Independence

(January-May, 1776)

_Proceedings of the Conventions of Maryland in 1774, 1775, and

1776_, pages 82-84, 140-142, 176.

Similar instructions were given in Pennsylvania and New Jersey.

(1) _In Convention, January 12th,_

To the honorable Matthew Tilgham, Esq., Thomas Jefferson, Jr., Robert

Goldsborough, William Paca, Samuel Chase, Thomas Stone, Robert

Alexander, and John Rogers, Esquires.

The convention taking into their most serious consideration the present

state of the unhappy dispute between Great Britain and the united

colonies, think it proper to deliver you their sentiments, and to

instruct you in certain points, relative to your conduct in congress,

as representatives of this province.

The experience we and our ancestors have had of the mildness and equity

of the English constitution, under which we have grown up to and

enjoyed a state of felicity, not exceeded among any people we know of,

until the grounds of the present controversy were laid by the ministry

and parliament of Great Britain, has most strongly endeared to us that

form of government from whence these blessings have been derived, and

makes us ardently wish for a reconciliation with the mother country,

upon terms that may insure to these colonies an equal and permanent

freedom.

To this constitution we are attached, not merely by habit, but by

principle, being in our judgments persuaded [that] it is of all known

systems best calculated to secure the liberty of the subject, to guard

against despotism on the one hand, and licentiousness on the other.

Impressed with these sentiments, we warmly recommend to you, to keep

constantly in your view the avowed end and purpose for which these

colonies originally associated,--the redress of American grievances and

[the] securing the rights of the colonists.

* * * * *

We further instruct you, =_that you do not without the previous

knowledge and approbation of the convention of this province, assent

to any proposition to declare these colonies independent of the crown

of Great Britain, nor to any proposition for making or entering into

alliance with any foreign power, nor to any union or confederation

of these colonies_=, which may necessarily lead to a separation from

the mother country, unless in your judgments of any four of you, or

of a majority of the whole of you, if all shall be then attending in

congress, it shall be thought absolutely necessary for the preservation

of the liberties of the united colonies; and =_should a majority of the

colonies in congress, against such your judgment, resolve to declare

these colonies independent of the crown of Great Britain, or to make

or enter into alliance with any foreign power, or into any union or

confederation of these colonies, which may necessarily lead to a

separation from the mother country, then we instruct you immediately

to call the convention of this province, and repair thereto with such

proposition and resolve, and lay the same before the said convention,

for their consideration, and this convention will not hold this

province bound by such majority in congress, until the representative

body of the province in convention assent thereto._=

Desirous as we are of peace with Great Britain upon safe and honourable

terms, we wish you nevertheless, and instruct you to join with the

other colonies in such military operations as may be judged proper and

necessary for the common defence, until such a peace can be happily

obtained.

[May 15, came the recommendation of Congress for extinguishing

all authority under the British crown and the setting up of

state governments (No. 138_a_ above), and also the instructions

of the Virginia Convention for Independence and Confederation.

The response in Maryland was merely a repetition of her previous

instructions, in the passage given below. Note the jealous

disposition to deny authority to Congress and to resent the wording

of its recommendations.]

(2) _Tuesday, May 21, 1776_

* * * * *

The convention took into their consideration the report from the

committee appointed to report on the resolution of congress of the 15th

instant, and thereupon came to the following resolutions.

_Resolved unanimously_, That the people of this province have the sole

and exclusive right of regulating the internal government and police of

this province.

* * * * *

_Resolved unanimously_, That this province has hitherto exerted itself,

and will upon all occasions continue to exert itself, with cheerfulness

and alacrity, in the common cause, agreeable to the faith pledged in

the union of the colonies: and _if it shall appear to this province_

necessary to enter into a further compact for the preservation of the

constitutional rights of America, this province will enter into such

further engagement for that purpose.

_Resolved unanimously_, That this convention, by a resolution of the

15th day of this instant, hath made sufficient provision to prevent a

necessity for any person within this province now taking the oaths for

the support of government under the crown of Great Britain, and that it

is the opinion of this convention, that =_it is not necessary that the

exercise of every kind of authority under the said crown should be now

totally suppressed_= in this province, and all the powers of government

exerted under the authority of the people.

* * * * *

_Resolved unanimously_, That as this convention is firmly persuaded

that a re-union with Great Britain on constitutional principles would

most effectually secure the rights and liberties, and increase the

strength and promote the happiness of the whole empire, objects which

this province hath ever had in view, =_the said deputies are bound and

directed to govern themselves by the instructions given to them by this

convention in its session of December[133] last, in the same manner as

if the said instructions were particularly repeated_=.

[These instructions continued in force until revoked on _June_ 28 as

follows:]

(3) _Resolved unanimously_, That the instructions given by the

convention of December last (and renewed by the convention in May)

to the deputies of this colony in Congress be recalled, and the

restrictions therein contained removed; and that the deputies of this

colony attending in Congress ... be authorized and empowered to concur

with the =_other_=[134] united colonies, or a majority of them, in

declaring the united colonies free and independent states, in forming

such further compact and confederation between them, in making foreign

alliances, and in adopting such other measures as shall be judged

necessary for securing the liberties of America; and this colony

will hold itself bound[135] by the resolutions of a majority of the

united colonies in the premises: provided the sole and exclusive right

of regulating the internal government and police of this colony be

reserved to the people thereof.

140. Motion in Congress for Independence

_Journals of Congress_, V, 425. In obedience to the instructions

from the Virginia Convention, Richard Henry Lee, on June 7,

moved in Congress the following resolutions. After delays, to

permit certain delegates to secure permission for their colonial

assemblies, the resolution was finally adopted July 2, by the vote

of all colonies but New York. For further detail, cf. _American

History and Government_, # 150.

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.

That it is expedient forthwith to take the most effectual measures for

forming foreign alliances.

That a plan of confederation be prepared and transmitted to the

respective colonies for their consideration.

141. The Continental Declaration of Independence

While the debate was proceeding on Lee's resolutions (No. 140), to

save time, in case those resolutions should be adopted, Congress

appointed a committee (Thomas Jefferson, John Adams, Benjamin

Franklin, Roger Sherman, and R. R. Livingston) to draft a full

"Declaration of Independence." Jefferson, the member from the

colony which had moved the resolution,[136] was naturally made

chairman and drew the document, which with slight modification

was presented to Congress on June 28. After the adoption of the

resolutions on July 2, this formal Declaration was taken up by

Congress, considered on the 2d, 3d, and 4th of July, and passed.

August 2, a copy, engrossed on parchment, was signed by the members

of Congress there present. Other signatures were added later until

all thirteen States were represented. The following capitalization,

paragraphing, and punctuation follow the original parchment.

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 unalienable Rights, that

among these are Life, Liberty and the pursuit of Happiness.--That to

secure these rights, Governments are instituted among Men, deriving

their just powers from the consent of the governed.--That whenever

any Form of Government becomes destructive of these ends, it is the

Right of the People to alter or to abolish it, and to institute new

Government, laying its foundation on such principles and organizing its

powers in such forms, as to them shall seem most likely to effect their

Safety and Happiness. Prudence, indeed, will dictate that Governments

long established should not be changed for light and transient

causes; and accordingly all experience hath shewn, that mankind are

more disposed to suffer, while evils are sufferable, than to right

themselves by abolishing the forms to which they are accustomed. But

when a long train of abuses and usurpations, pursuing invariably the

same Object evinces a design to reduce them under absolute Despotism,

it is their right, it is their duty, to throw off such Government, and

to provide new Guards for their future security.--Such has been the

patient sufferance of these Colonies; and such is now the necessity

which constrains them to alter their former Systems of Government.

The history of the present King of Great Britain is a history of

repeated injuries and usurpations, all having in direct object the

establishment of an absolute Tyranny over these States. To prove this,

let Facts be submitted to a candid world.--He has refused his Assent

to Laws, the most wholesome and necessary for the public good.--He

has forbidden his Governors to pass Laws of immediate and pressing

importance, unless suspended in their operation till his Assent should

be obtained; and when so suspended, he has utterly neglected to attend

to them.--He has refused to pass other Laws for the accommodation

of large districts of people, unless those people would 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

mean time exposed to all the dangers of invasion from without, and

convulsions within.--He has endeavoured to prevent the population of

these States; for that purpose obstructing the Laws for Naturalization

of Foreigners; refusing to pass others to encourage their migration

hither, and raising the conditions of new Appropriations of Lands.--He

has obstructed the Administration of Justice, by refusing his Assent to

Laws for establishing Judiciary Powers.--He has made Judges dependent

on his will alone, for the tenure of their offices, and the amount and

payment of their salaries.--He has erected a multitude of New Offices,

and sent hither swarms of Officers to harass our People, and eat out

their substance.--He has kept among us, in times of peace, Standing

Armies without the Consent of our legislature.--He has affected to

render the Military independent of and superior to 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 offence:--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 Legislature, 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 & perfidy scarcely

paralleled in the most barbarous ages, and totally unworthy the Head

of a civilized nation.--He has constrained our fellow Citizens taken

Captive on the high Seas to bear Arms against their Country, to become

executioners of their friends and Brethren, or to fall themselves by

their Hands.--He has excited domestic insurrections amongst us, and has

endeavoured to bring on the inhabitants of our frontiers, the merciless

Indian Savages, whose known rule of warfare, is an undistinguished

destruction of all ages, sexes and conditions. In every stage of these

Oppressions We have Petitioned for Redress in the most humble terms:

Our repeated Petitions have been answered only by repeated injury. A

Prince, whose character is thus marked by every act which may define

a Tyrant, is unfit to be the ruler of a free people. Nor have We

been wanting in 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 common kindred to disavow these usurpations, which would

inevitably interrupt our connections 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.

JOHN HANCOCK.

[Signatures of the other representatives of the thirteen States.]

142. Anti-Social Tendencies of the Pre-Revolutionary Measures

_a. Closing of the Courts_

From "Passages from an Autobiography" in John Adams' _Works_ (II,

420-421).

The passage illustrates one of the forces that drove many of the

respectable classes into Tory ranks.

* * * * *

An event of the most trifling nature in appearance, and fit only to

excite laughter in other times, struck me into a profound reverie, if

not a fit of melancholy. I met a man who had sometimes been my client,

and sometimes I had been against him. He, though a common horse-jockey,

was sometimes in the right, and I had commonly been successful in his

favor in our courts of law. He was always in the law, and had been

sued in many actions at almost every court. As soon as he saw me, he

came up to me, and his first salutation to me was, "Oh! Mr. Adams,

what great things have you and your colleagues done for us! We can

never be grateful enough to you. There are no courts of justice now

in this Province and I hope there never will be another." Is this the

object for which I have been contending? said I to myself, for I rode

along without any answer to this wretch. Are these the sentiments of

such people, and how many of them are there in the country? Half the

nation, for what I know; for half the nation are debtors, if not more,

and these have been, in all countries, the sentiments of debtors.

If the power of the country should get into such hands, and there is

great danger that it will, to what purpose have we sacrificed our time,

health and every thing else? Surely we must guard against this spirit

and these principles, or we shall repent of all our conduct. However,

the good sense and integrity of the majority of the great body of the

people came into my thoughts, for my relief, and the last resource was

after all in a good Providence.

_b. Mob Violence, to enforce the "Association"_

From an anonymous parody, expressing the loyalist's dilemma, in

Moore's _Diary of the American Revolution_, I, 169.

To sign, or not to sign!--That is the question:

Whether 'twere better for an honest man

To sign--and so be safe; or to resolve,

Betide what will, against 'associations'

And, by retreating, shun them. To fly--I reck

Not where--and by that flight to 'scape

Feathers and tar, and thousand other ills

That Loyalty is heir to. 'Tis a consummation

Devoutly to be wished. To fly--to want--

To want--perchance to starve! Ay there's the rub!

* * * * *

_c. Correspondence between a Tory and a Committee_

Niles' _Principles and Acts of the Revolution_, 260-261.

I acknowledge to have wrote a piece, and did not sign it, since said to

be an extract of a letter from Kent county, on Delaware, published in

Humphreys' Ledger, No. 3. It was not dated from any place, and is some

altered from the original. I folded it up and directed the same to J.

F. and Sons. I had no intention to have it published; and further, I

let them know the author thought best it should not be published; nor

did I think they would.--I am sincerely sorry I ever wrote it, as also

for its being published, and hope I shall be excused for this, my first

breach in this way, and I intend it shall be the last.

R. H.

_To the committee of correspondence for Kent county, on Delaware. May

2d, 1775._

SIR.--The president of the committee of correspondence, by and with the

advice of such other of the members of that committee as he was able to

collect and consult, this day laid before the committee of inspection

for this county, your letter wherein you confess yourself to be the

author of the Kentish letter (commonly so called) published in 3d No.

of Humphreys' Ledger.

The committee took the same into consideration, and have unanimously

resolved that it is unsatisfactory, and you are requested to attend

the committee at their next meeting on Tuesday the 9th inst. at French

Battell's, in Dover and render such satisfaction to the committee,

as will enable them to clear the good people of this county from the

aspersions of that letter, and justify them in the eyes of the public.

Signed by order of the committee.

_To R. H._

GENTLEMEN.--With sorrow and contrition for my weakness and folly, I

confess myself the author of the letter, from which an extract was

published in the 3d No. of Humphreys' Ledger, said to be from Kent

county, on Delaware; but at the same time to declare it was published

without my consent, and not without some alterations.

I am now convinced that the political sentiments therein contained,

were founded on the grossest error; more especially that malignant

insinuation, that "if the king's standard were now erected, nine out of

ten would repair to it," could not have been suggested, but from the

deepest infatuation. True indeed it is, the people of this county have

ever shewn a zealous attachment to his majesty's person and government,

and whenever he raised his standard in a just cause, were ready to

flock to it: but let the severe account I now render to an injured

people, witness to the world, that none are more ready to oppose

tyranny or to be first in the cause of liberty, than the inhabitants of

Kent county.

Conscious that I can render no satisfaction adequate to the injury I

have done my country, I can only beg the forgiveness of my countrymen,

upon those principles of humanity, which may induce them to consider

the frailty of human nature--and I do profess and promise, that I

will never again oppose those laudable measures, necessarily adopted

by my countrymen, for the preservation of American freedom: but will

cooperate with them to the utmost of my abilities, in their virtuous

struggle for liberty (so far as is consistent with my religious

principles).

R. H.

Resolved unanimously, that the committee do think the above

recantation fully satisfactory.

THO'S. NIXON, Jr. Clerk.

_May 9th, 1775._

143. An Oath of Allegiance to a New State, 1777

A facsimile from Scharf and Westcott's _History of Philadelphia_,

I, 338.

[Illustration: Oath of Allegiance A.D. 1777.

I DO hereby CERTIFY, That Fransis Hopkinson of the City of Philad

Esquire hath voluntarily taken and subscribed the Oath [or Affirmation]

of Allegiance and Fidelity, as directed by an Act of General Assembly

of Pennsylvania, passed the 13th day of June, A.D. 1777. Witness my

hand and seal, the first day of July _A.D._ 1777

(L.S.) Jon Ord No: 662.

PRINTED BY JOHN DUNLAP.]

144. A Loyalist's Suggestion of the Danger to American Liberty in the

French Alliance, 1779

Tyler's _Literary History of the Revolution_, II, 75-76. The

extracts come from a keen pamphlet by a Tory, with the style of a

"diary" of the year 1789--ten years later than the publication, to

intimate what would then be the condition in America under French

rule.

Boston, November 10, 1789.--His Excellency, Count Tyran, has this

day published, by authority from his majesty, a proclamation for the

suppression of heresy and establishment of the inquisition in this

town, which has already begun its functions in many other places of the

continent under his majesty's dominion.

The use of the Bible in the vulgar tongue is strictly prohibited, on

pain of being punished by discretion of the inquisition.

November 11.--The Catholic religion is not only outwardly professed,

but has made the utmost progress among all ranks of people here, owing,

in a great measure, to the unwearied labors of the Dominican and

Franciscan friars, who omit no opportunity of scattering the seeds of

religion, and converting the wives and daughters of heretics. We hear

that the building formerly called the Old South Meeting, is fitting up

for a cathedral, and that several other old meeting-houses are soon to

be repaired for convents.

November 12.--This day being Sunday, the famous Samuel Adams read his

recantation of heresy, after which he was present at mass, and we hear

he will soon receive priest's orders to qualify him for a member of the

American Sorbonne....

The king has been pleased to order that five thousand of the

inhabitants of Massachusetts Bay should be drafted to supply his

garrisons in the West Indies; the officers for them are already arrived

from France.

* * * * *

New York, November 15.--The edict for prohibiting the use of the

English language, and establishing that of the French in all law

proceedings, will take place on the 20th instant. At the same time, the

ordinance for abolishing trials by juries, and introducing the imperial

law, will begin to take effect....

November 17.--A criminal of importance, who has been long imprisoned

in the New Bastille, was this day privately beheaded. He commanded the

American forces against Great Britain for a considerable time, but

was confined by order of the government on suspicion of possessing a

dangerous influence in a country newly conquered, and not thoroughly

settled.[137]...

The king has been pleased to parcel out a great part of the lands in

America to noblemen of distinction, who will grant them again to the

peasantry upon leases at will, with the reservation of proper rents and

services.

His majesty has been graciously pleased to order that none of the

natives of America shall keep any firearms in their possession, upon

pain of being sentenced to the galleys....

November 22.--We hear from Williamsburg, in Virginia, that some

commotions took place there when the new capitation tax was first

executed. But the regiment of Bretagne, being stationed in that

neighborhood, speedily suppressed them by firing upon the populace, and

killing fifty on the spot. It is hoped that this example will prevent

any future insurrection in that part of the country.

November 23.--His majesty has directed his viceroy to send five hundred

sons of the principal inhabitants of America, to be educated in France,

where the utmost care will be taken to imbue them with a regard for the

Catholic faith, and a due sense of subordination to government.

145. How the Revolution set free Social Forces

David Ramsey's _History of the American Revolution_ (1789), II, 315

ff. Dr. Ramsey was a citizen of South Carolina.

When the war began, the Americans were a mass of husbandmen,

merchants, mechanics, and fishermen; but the necessities of the country

gave a _spring_ to the active powers of the inhabitants, and set them

on thinking, speaking, and acting, in a line far beyond that to which

they had been accustomed. The difference between nations is not so much

owing to nature, as to education and circumstances. While the Americans

were guided by the leading strings of the mother country, they had no

scope nor encouragement for exertion. All the departments of government

were established and executed _for_ them, but not _by_ them. In

the years 1775 and 1776, the country, being suddenly thrown into a

situation that needed the abilities of all its sons, these generally

took their places, each according to the bent of his inclination. As

they severally pursued their objects with ardor, _a vast expansion of

the human mind speedily followed_. This displayed itself in a variety

of ways. It was found that the talents for great stations did not

differ in kind, but only in degree, from those which were necessary for

the proper discharge of the ordinary business of civil society....

FOOTNOTES:

[130] For the recommendation of Congress, on this same day, regarding

setting up State governments, cf. _American History and Government_,

# 148. (For earlier recommendations as to temporary governments, cf.

_ib._) This action, of course, was not known in Virginia when this

Convention took action regarding independence and a permanent State

constitution.

[131] The sixth article seems to have been designed by George Mason,

who drew it, as an argument for extending the franchise to heads of

families. Mason drew also a plan for the _frame of government_, which

the convention in the main adopted on _June 29_. In this plan he

proposed to "extend" the franchise to leaseholders with seven-year

terms, and to any "housekeeper" who was also the father of three

children (Article V of Mason's Plan; printed in full in Kate Mason

Rowland's _Life and Correspondence of George Mason_, I, 444 ff.). The

convention, however, left the franchise as "now established by law"--on

a freehold basis (_American History and Government_, ## 105, 107).

Mason, in his plan, suggested graded landed qualifications for holding

office: £500 freehold to act as a member of his proposed electoral

college to choose state senators; £1000 freehold to sit in the lower

House; £2000 freehold to sit in the upper House.

It is often said that Mason proposed a £1000-freehold qualification

for the franchise. The language of Section III of his "plan," _taken

by itself_, would so indicate. But the clauses III and IV are very

loosely worded and punctuated; and, when they are read in conjunction

with Section V, the only possible conclusion is the one stated above.

In proposing so liberal a franchise, however, Mason stood alone in

Virginia in his day. Even Jefferson's plan for a Virginia constitution

called for "a freehold of 1/4 of an acre of land in a town, or 25 acres

in the country" (_Works_, Ford edition, II, 7 ff.).

Eleven years later at the Philadelphia convention, Mason used the same

language as in the Virginia bill of rights, in opposing a real-estate

qualification for the national franchise; but he still advocated a

landed qualification for membership in even the lower House of Congress.

[132] Jefferson's plan was indorsed. " ... It is proposed that this

bill, after correction by the Convention, shall be referred by them to

the people, to be assembled in their respective counties; and that the

suffrages of two-thirds the counties shall be necessary to establish

it." Jefferson always contended that the Virginia constitution, since

it was not so submitted to popular ratification, was not a "fundamental

law," but was subject to repeal, like any other statute, by ordinary

legislative action. Cf. _American History and Government_, # 152.

[133] The action of January 12 in (1) above belonged to the session

beginning in December.

[134] Is the following word "united" then, in this place, part of a

proper noun, or merely an adjective?

[135] Would that colony have felt itself "bound" _before_ it gave them

instructions, if Congress had acted on these matters? Cf. _American

History and Government_, # 187, for a discussion of this and allied

points.

[136] Lee was about to return to Virginia, and so was not placed on the

committee.

[137] The student will see that Washington is here designated.

E. CONFEDERATION AND CONSTITUTION

XXIV. THE ARTICLES OF CONFEDERATION

146. Debates in the Continental Congress on the Articles of

Confederation

John Adams (_Works_, II, 492-502) preserved fairly full notes upon

part of the discussion on the Articles. The parts dealing with

western lands, with basis of taxation, and with the equality of

the States in Congress are reproduced here. The form is rather

fragmentary; and, in some cases, allusions are made which it would

take too long to explain here. But the student can at least get the

general drift and the alignment of the States on the opposing sides.

_In Committee of the Whole_

1776. July 25. Article 14 of the confederation. Terms in this Article

equivocal and indefinite.[138]

_Jefferson._ The limits of the Southern Colonies are fixed. Moves an

amendment, that all purchases of lands, not within the boundaries of

any Colony, shall be made by Congress of the Indians in a great Council.

_Sherman_ seconds the motion.

_Chase_ [Maryland]. The intention of this Article is very obvious and

plain. The Article appears to me to be right and the amendment wrong.

It is the intention of some gentlemen to limit the boundaries of

particular States. No Colony has a right to go to the South Sea; they

never had; they can't have. It would not be safe to the rest. It would

be destructive to her sisters and to herself.

ARTICLE 15. _Jefferson._ What are reasonable limits? What security have

we, that the Congress will not curtail the present settlements of the

States? I have no doubt that the Colonies will limit themselves.

_Wilson._ Every gentleman has heard much of claims to the South Sea.

They are extravagant. The grants were made upon mistakes. They were

ignorant of the Geography. They thought the South Sea within one

hundred miles of the Atlantic Ocean. It was not conceived that they

extended three thousand miles. Lord Camden considers the claims to the

South Sea, as what never can be reduced to practice. Pennsylvania has

no right to interfere in those claims, but she has a right to say, that

she will not confederate unless those claims are cut off. I wish the

Colonies themselves would cut off those claims....

July 30. Article 17. "In determining questions, each Colony shall have

one vote."

_Dr. Franklin._ Let the smaller Colonies give equal money and men, and

then have an equal vote. But if they have an equal vote without bearing

equal burthens, a confederation upon such iniquitous principles will

never last long.

_Dr. Witherspoon._ [New Jersey]. We all agree that there must and shall

be a confederation for this war. ... The greatest danger we have, is

of disunion among ourselves. Is it not plausible that the small States

will be oppressed by the great ones? The Spartans and the Helots. The

Romans and their dependents. Every Colony is a distinct person....

_Clark._ We must apply for pardons if we don't confederate.

_Wilson._ We should settle upon some plan of representation.

* * * * *

_Wilson._ If the war continues two years, each soul will have

forty dollars to pay of the public debt. It will be the greatest

encouragement to continue slave-keeping and to increase it, that can

be, to exempt them from the numbers which are to vote and pay. Slaves

are taxables in the Southern Colonies. It will be partial and unequal.

Some Colonies have as many black as white; these will not pay more than

half what they ought.[139] Slaves prevent freemen from cultivating a

country. It is attended with many inconveniences.

_Lynch_ [South Carolina]. If it is debated, whether their slaves are

their property, there is an end of the confederation. Our slaves being

our property, why should they be taxed more than the land, sheep,

cattle, horses, etc.?

Freemen cannot be got to work in our Colonies; it is not in the ability

or inclination of freemen to do the work that the negroes do. Carolina

has taxed their negroes; so have other Colonies their lands.

_Dr. Franklin._ Slaves rather weaken than strengthen the State, and

there is therefore some difference between them and sheep; sheep will

never make any insurrections.

_Rutledge._ I shall be happy to get rid of the idea of slavery. The

slaves do not signify property; the old and young cannot work. The

property of some Colonies is to be taxed, in others, not. The Eastern

Colonies will become the carriers for the Southern; they will obtain

wealth for which they will not be taxed.

August 1. _Hooper._ North Carolina is a striking exception to the

general rule that was laid down yesterday, that the riches of a country

are in proportion to the numbers of inhabitants. A gentleman of three

or four hundred negroes don't raise more corn than feeds them. A

laborer can't be hired for less than twenty-four pounds a year in

Massachusetts Bay. The net profit of a negro is not more than five

or six pounds per annum. I wish to see the day that slaves are not

necessary. Whites and negroes cannot work together. Negroes are goods

and chattels are property. A negro works under the impulse of fear, has

no care of his master's interest.[140]

_The Consideration of the Seventeenth Article resumed_

Article 17. _Dr. Franklin_ moves that votes should be in proportion to

numbers. Mr. _Middleton_ moves that the vote should be according to

what they pay.

_Sherman_ thinks we ought not to vote according to numbers. We are

representatives of States, not individuals. States of Holland. The

consent of every one is necessary. Three Colonies would govern the

whole, but would not have a majority of strength to carry those votes

into execution. =The vote should be taken two ways; call the Colonies,

and call the individuals, and have a majority of both=.[141]

_Dr. Rush._ Abbé Raynal has attributed the ruin of the United Provinces

[Netherlands] to three causes. The principal one is, that the consent

of every State is necessary; the other, that the members are obliged

to consult their constituents upon all occasions. We lose an equal

representation; we represent the people. It will tend to keep up

colonial distinctions. We are now a new nation. ... If we vote by

numbers, liberty will be always safe. Massachusetts is contiguous to

two small Colonies, Rhode Island and New Hampshire; Pennsylvania is

near New Jersey and Delaware; Virginia is between Maryland and North

Carolina. ... Montesquieu pronounces the confederation of Lycia the best

that ever was made; the cities had different weights in the

scale. ... I would not have it understood that I am pleading the cause

of Pennsylvania; when I entered that door, I considered myself a

citizen of America.

* * * * *

_G. Hopkins_ [Rhode Island]. A momentous question; many difficulties on

each side; four larger, five lesser, four stand indifferent. Virginia,

Massachusetts, Pennsylvania, Maryland, make more than half the people.

... It can't be expected that nine Colonies will give way to be

governed by four. The safety of the whole depends upon the distinctions

of Colonies.

_Dr. Franklin._ I hear many ingenious arguments to persuade us that an

unequal representation is a very good thing. If we had been born and

bred under an unequal representation, we might bear it; but to set out

with an unequal representation is unreasonable. It is said the great

Colonies will swallow up the less. Scotland said the same thing at the

union.

* * * * *

August 2. "Limiting the bounds of States, which by charter, &c. extend

to the South Sea."

_Sherman_ thinks the bounds ought to be settled. A majority of

States have no claim to the South Sea. Moves this amendment to be

substituted in place of this clause, and also instead of the fifteenth

article;--"No lands to be separated from any State, which are already

settled, or become private property."

_Chase_ [Maryland] denies that any Colony has a right to go to the

South Sea.

_Harrison_ [Virginia]. How came Maryland by its land, but by its

charter? By its charter, Virginia owns to the South Sea. Gentlemen

shall not pare away the Colony of Virginia. Rhode Island has more

generosity than to wish the Massachusetts pared away. Delaware does not

wish to pare away Pennsylvania.

_Huntington._ Admit there is danger from Virginia, does it follow that

Congress has a right to limit her bounds? The consequence is, not to

enter into confederation....

_Stone_ [Maryland] ... Is it meant that Virginia shall sell these lands

for their own emolument? All the Colonies have defended these lands

against the King of Britain, and at the expense of all. Does Virginia

intend to establish quit rents?...

_Jefferson._ I protest against the right of Congress to decide upon the

right of Virginia. Virginia has released all claims to the land settled

by Maryland, &c.

[This clause, as to limiting the western claims, was stricken

out in committee. The subsequent history of the struggle is well

known, terminating in the acts of cession of claims to the western

territory. For details, cf. _American History and Government_, ##

179-180.

Jefferson's Notes on this same debate (_Journals of Congress_, VI,

1104,--from a MS. of Jefferson's) contain the following additional

item: "_John Adams_ advocated voting in proportion to numbers. He

said that we stand here as representatives of the people; that in

some States the people are many, in others they are few ... that

the individuality of the colonies is a mere sound. ... =_It has

been said we are independent individuals making a bargain together:

the question is not what we are now, but what we ought to be when

our bargain shall be made._= The Confederacy IS TO MAKE US ONE

individual only; it is to form us, like separate parcels of metal,

into one common mass. ..."[142]]

147. Articles of Confederation.

November 15, 1777

March 2, 1781

Text from _Revised Statutes_ of 1878. For history, cf. _American

History and Government_, ## 179, 186-188 ff. The editor has used

black-faced type to indicate a few passages especially important

for study.

The Articles were adopted by Congress, and recommended to the

States, November 15, 1777. The delegates from the several States

signed as follows: New Hampshire, Massachusetts Bay, Rhode Island

and Providence Plantations, Connecticut, New York, Pennsylvania,

Virginia, and South Carolina, July 9, 1778; North Carolina, July

21, 1778; Georgia, July 24, 1778; New Jersey, Nov. 26, 1778;

Delaware, May 5, 1779; Maryland, March 1, 1781. Congress met under

the Articles, March 2, 1781.

_To all to whom these Presents shall come, we the undersigned Delegates

of the States affixed to our Names send greeting._

Whereas the Delegates of the United States of America in Congress

assembled did on the fifteenth day of November in the year of our

Lord One Thousand Seven Hundred and Seventy-seven, and in the Second

Year of the Independence of America, agree to certain 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 in the Words

following, viz.

_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 I.--The stile of this Confederacy shall be, "The United States

of America."

=_Art. II.--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._=

Art. III.--The said States hereby severally enter into a =_firm

league of friendship with each other_=, for their common defence, the

security of their liberties, and their mutual and general welfare,

binding themselves to assist each other against all force offered to,

or attacks made upon them, or any of them, on account of religion,

sovereignty, trade, or any other pretence whatever.

Art. IV.--The better to secure and perpetuate mutual friendship and

intercourse among the people of the 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 egress to and from any

other State, and shall enjoy therein all the privileges of trade and

commerce subject to the same duties, impositions, and restrictions as

the inhabitants thereof respectively; provided that such restrictions

shall not extend so far as to prevent the removal of property imported

into any State to any other State of which the owner is an inhabitant:

provided also that no imposition, duties, or restriction shall be laid

by any State on the property of the United States, or either of them.

=If any person guilty of, or charged with treason, felony, or other

high misdemeanor in any State, shall flee from justice, and be found

in any of the United States, he shall upon demand of the Governor or

Executive power of the State from which he fled, be delivered up and

removed to the State having jurisdiction of his offence.=

=Full faith and credit shall be given in each of these States to the

records, acts, and judicial proceedings of the courts and magistrates

of every other State.=

ARTICLE V.--For the more convenient management of the general interest

of the United States, delegates shall be annually appointed =in such

manner as the legislature of each State shall direct=, to meet in

Congress on the first Monday in November, in every year, =with a power

reserved to each State, to recall its delegates=, or any of them, at

any time within the year, and to send others in their stead, for the

remainder of the year.

No State shall be represented in Congress by less than two, nor by more

than seven members; and no person shall be capable of being a delegate

for more than three years in any term of six years; nor shall any

person, being a 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, felony, or breach of the

peace.=

=Article VI. No State without the consent of the United States in

Congress assembled, shall send any embassy to, or receive any embassy

from, or enter into any conference, agreement, alliance or treaty with

any king, prince or state; nor shall any person holding any office of

profit or trust under the United States, or any of them, accept of

any present, emolument, office or title of any kind whatever from any

king, prince or foreign state; nor shall the United States in Congress

assembled, or any of them, grant any title of nobility.=

=No two or more States shall enter into any treaty, 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 vessel of war shall be kept up in time of peace by any State, except

such number only as shall be deemed necessary by the United States, in

Congress assembled, for the defence of such State or its trade, nor

shall any body of forces be kept up by any State in time of peace,

except such number only as, in the judgment of the United States, in

Congress assembled, shall be deemed requisite to garrison the 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 assembled, can be consulted; nor shall any State grant

commissions to any ships or vessels of war, nor letters of marque or

reprisal, except it be after a declaration of war by the United States,

in Congress assembled, and then only against the kingdom or state,

and the subjects thereof, against which war has been so declared, and

under such regulations as shall be established by the United States,

in Congress assembled, unless such State be infested by pirates, in

which case vessels of war may be fitted out for that occasion, and kept

so long as the danger shall continue, or until the United States, in

Congress assembled, shall determine otherwise.

ART. VII.--When 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 States which first made the

appointment.

ART. VIII.--All charges of war, and all other expenses that shall be

incurred for the common defence or federal 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 IX.[143]--The United States in Congress assembled, shall have

the sole and exclusive right and power of determining on peace and war,

except in the cases mentioned in the sixth article--of sending and

receiving ambassadors--entering into treaties and alliances, provided

that no treaty of commerce shall be made whereby the legislative

power of the respective States shall be restrained from imposing such

imposts and duties on foreigners, as their own people are subjected

to, or from prohibiting the exportation or importation of any species

of goods or commodities whatsoever--of establishing rules for deciding

in all cases, what captures on land or water shall be legal, and in

what manner prizes taken by land or naval forces in the service of the

United States shall be divided or appropriated--of granting letters of

marque and reprisal in times of peace--appointing courts for the trial

of piracies and felonies 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. [A long passage as to method of

constituting commissioners to decide such contests.]

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 thro' the same as may be requisite

to defray the expenses of the said office--appointing all officers

of the land forces, in the service of the United States, excepting

regimental officers--appointing all the officers of the naval forces,

and commissioning all officers whatever in the service of the United

States--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 manageing 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 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.

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 several States.

ARTICLE X.--The committee of the States, or any nine of them, shall be

authorized to execute, in the recess of Congress, such of the powers

of Congress as the United States in Congress assembled, by the consent

of 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 XI.--Canada acceding to this confederation, and joining in the

measures of the United States, shall be admitted into, and entitled to

all the advantages of this Union: but no other colony shall be admitted

into the same, unless such admission be agreed to by nine States.

ARTICLE XII.--All bills of credit emitted, monies borrowed and

debts contracted by, or under the authority of Congress, before

the assembling of the United States, in pursuance of the present

confederation, shall be deemed and considered as a charge against the

United States, for payment and satisfaction whereof the said United

States, and the public faith are hereby solemnly pledged.

=Article XIII.--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.=

And whereas it hath pleased the Great Governor of the World to incline

the hearts of the Legislatures we respectively represent in Congress,

to approve of, and to authorize us to ratify the said =articles of

confederation and perpetual union=. Know ye that we the undersigned

delegates, by virtue of the power and authority to us given for that

purpose, do by these presents, in the name and in behalf of our

respective constituents, fully and entirely ratify and confirm each

and every of the said articles of confederation and =perpetual union=,

and all and singular the matters and things therein contained. =And

we do further solemnly plight and engage the faith of our respective

constituents, that they shall abide by the determinations of the United

States, in Congress assembled, on all questions which by the said

Confederation are submitted to them; and that the Articles thereof

shall be inviolably observed by the States we respectively represent,

and that the Union shall be perpetual.=

In witness whereof we have hereunto set our hands in Congress.

Done at Philadelphia in the State of Pennsylvania the ninth day

of July in the year of our Lord one thousand seven hundred and

seventy-eight, and in the third year of the independence of America.

[The signatures follow. Cf. introduction, on p. 475, for the dates.]

FOOTNOTES:

[138] The draft then read: "No purchases of lands hereafter to be made

of the Indians, by Congress or private persons, before the limits of

the Colonies are ascertained, to be valid." The purpose was to prevent

Virginia and other large States from selling their western lands for

their private profit. This was part of the "Small-State" plan, and was

not adopted.

[139] The plan then was that the colonies should contribute money in

proportion to their white population. This was afterward amended. See

_Articles_.

[140] Mr. Chase's amendment (to count slaves in apportioning

representatives in Congress) was lost. Seven States, New Hampshire,

Massachusetts, Rhode Island, Connecticut, New York, New Jersey, and

Pennsylvania voted against it. Delaware, Maryland, Virginia, North and

South Carolina voted for it. Georgia was divided.

[141] A suggestion almost of a two-house Congress, similar to the

"Connecticut Compromise" adopted for our present Constitution.

[142] Did Adams then think that, _before_ the new Articles should have

been accepted, the states were constitutionally one nation or thirteen?

Cf. _American History and Government_, # 187 and notes.

[143] Summarize briefly the enumeration of powers in this Article.

XXV. THE NATIONAL DOMAIN

148. Desire for Statehood; Self-confidence of the West

Early in 1784, North Carolina ceded her western territory

(afterward Tennessee) to Congress, giving that body two years in

which to accept. The Westerners, already bitterly dissatisfied, now

complained loudly that the mother State had cast them off; they

would not wait two years, in anarchy, for possible action by the

dilatory Congress; they would take their fate at once into their

own hands. Accordingly, the three counties of eastern Tennessee

(the outgrowth of the Watauga settlement, numbering now some 10,000

souls) established themselves for a time as the State of Frankland

("Land of the Freemen").

The militia had been organized by territorial units, each "company"

from one group of hamlets, or "stations." Each "company" now

chose delegates to a central convention. This "preliminary"

convention recommended the people to choose another "constitutional

convention,"[144] with full powers to set up a government. August

23, 1784, this second convention, composed of forty delegates with

John Sevier as president, resolved on immediate statehood, and put

forth an interesting address to justify that action. The following

passage from that address illustrates the wild hopes of the West

as to immediate development. (Cf. also _American History and

Government_, ## 173-175.)

"If we should be so happy as to have a separate government, vast

numbers from different quarters, with a little encouragement from the

public, would fill up our frontier; which would strengthen us, improve

agriculture, perfect manufactures, encourage literature and everything

truly laudable. The seat of government being among ourselves would

evidently tend, not only to keep a circulating medium in gold and

silver among us,[145] but would draw it from many individuals living in

other States, who claim large quantities of land that would lie within

the bounds of the new State."

[A constitution was adopted by yet a third convention, and

government instituted under it. North Carolina, however, repealed

her cession before Congress had accepted it, and reasserted her

authority over "Frankland," not without long and bitter conflict.]

149. Organization by Congress

_a. A Plan for a Temporary Government of the Western Territory. April

23, 1784_

_Journals of Congress_ (1801 edition), IX, 109-110.

This act is usually known as Jefferson's Territorial Ordinance of

1784. For history, cf. _American History and Government_, # 181. It

is given here mainly for comparison with the Ordinance of 1787 (No.

149_b_), and, _by most students, it can be read to best advantage

after a study of that document_.

"Resolved that so much of the territory ceded or to be ceded by

individual states to the United States [the rest of this paragraph

provides for division into two tiers of states, bounded by alternate

parallels of latitude, with some rather obscure provisions for

fragmentary pieces of territory on the north and east, cf. _American

History and Government_, # 181.]

"That the settlers on any territory so purchased, and offered for

sale, shall, either on their own petition or order of Congress,

receive authority from them, with appointments of time and place, for

their free males of full age within the limits of their state to meet

together, for the purpose of establishing a temporary government, to

adopt the constitution and laws of any one of the original states; so

that such laws nevertheless shall be subject to alteration by their

ordinary legislature; and to erect, subject to a like alteration,

counties, townships, or other divisions, for the election of members

for their legislature.

"That when any such state shall have acquired 20,000 free inhabitants,

on giving due proof thereof to Congress, they shall receive from them

authority, with appointments of time and place, to call a convention of

representatives to establish a permanent constitution and government

for themselves. Provided that both the temporary and permanent

governments be established on these principles as their basis:

"1st. That they shall for ever remain a part of this confederacy of the

United States of America.

"2d. That they shall be subject to the articles of confederation in all

those cases in which the original states shall be so subject, and to

all the acts and ordinances of the United States in Congress assembled,

conformable thereto.

"3d. That they in no case shall interfere with the primary disposal

of the soil by the United States in Congress assembled, nor with the

ordinances and regulations which Congress may find necessary, for

securing the title in such soil to the _bona fide_ purchasers.

"4th. That they shall be subject to pay a part of the federal debts

contracted or to be contracted, to be apportioned on them by Congress,

according to the same common rule and measure by which apportionments

thereof shall be made on the other states.

"5th. That no tax shall be imposed on lands, the property of the United

States.

"6th. That their respective governments shall be republican.

"7th. That the lands of non-resident proprietors shall, in no case, be

taxed higher than those of residents within any new state, before the

admission thereof to a vote by its delegates in Congress.

"That whensoever any of the said states shall have, of free

inhabitants, as many as shall then be in any one the least numerous

of the thirteen original states, such state shall be admitted by its

delegates into the Congress of the United States, on an equal footing

with the said original states; provided the consent of so many states

in Congress is first obtained as may at the time be competent to such

admission. (And in order to adapt the said articles of confederation

to the state of Congress when its numbers shall be thus increased,

it shall be proposed to the legislatures of the states, originally

parties thereto, to require the assent of two-thirds of the United

States in Congress assembled, in all those cases wherein by the said

articles, the assent of nine states is now required, which being agreed

to by them, shall be binding on the new states.) Until such admission

by their delegates into Congress, any of the said states after the

establishment of their temporary government shall have authority to

keep a member in Congress, with a right of debating, but not of voting.

"That measures not inconsistent with the principles of the

confederation, and necessary for the preservation of peace and good

order among the settlers in any of the said new States, until they

shall assume a temporary government as aforesaid, may from time to

time, be taken by the United States in Congress assembled.[146]

"That the preceding articles shall be formed into a charter of

compact ... [provision for promulgation] and shall stand as fundamental

constitutions between the thirteen original States and each of the

several States now newly described, unalterable ... but by the

joint consent of the United States in Congress assembled and of the

particular State within which such alteration is proposed to be made."

_b. The Northwest Ordinance (July 13, 1787)_

_Journals of Congress_ (1801 edition), XII, 58 ff.

For history of this document, cf. _American History and

Government_, # 182. The documents relating to the _acquisition_ of

a "Public Domain" are quoted so extensively in that work that they

are omitted in this collection. Cf., however, No. 146 above for

discussions in Congress.

_An Ordinance for the government of the territory of the United States

Northwest of the River Ohio_

Be it ordained by the United States in Congress Assembled that the

said territory for the purposes of temporary government be one

district, subject however to be divided into two districts as future

circumstances may in the opinion of Congress make it expedient.

Be it ordained by the authority aforesaid, that the estates both of

resident and non resident proprietors in the said territory dying

intestate shall descend to and be distributed among their children and

the descendants of a deceased child in equal parts; the descendants

of a deceased child or grandchild to take the share of their deceased

parent in equal parts among them; and where there shall be no children

or descendants then in equal parts to the next of kin in equal degree;

and among collaterals the children of a deceased brother or sister of

the intestate shall have in equal parts among them their deceased

parent's share and there shall in no case be a distinction between

kindred of the whole and half blood; saving in all cases to the widow

of the intestate her third part of the real estate for life, and one

third part of the personal estate: and this law relative to descents

and dower shall remain in full force until altered by the legislature

of the district. And until the governor and judges shall adopt laws as

herein after mentioned, estates in the said territory may be devised or

bequeathed by wills in writing signed and sealed by him or her in whom

the estate may be, being of full age, and attested by three witnesses,

and real estates may be conveyed by lease and release or bargain and

sale, signed, sealed and delivered by the person being of full age

in whom the estate may be, and attested by two witnesses, provided

such wills be duly proved and such conveyances be acknowledged or the

execution there of duly proved, and be recorded within one year after

proper magistrates, courts and registers shall be appointed for that

purpose; and personal property may be transferred by delivery saving

however to the French and Canadian inhabitants and other settlers of

the Kaskaskies, Saint Vincents and the neighbouring villages, who have

hereto fore professed themselves citizens of Virginia, their laws and

customs now in force among them, relative to the descent and conveyance

of property.

Be it ordained by the authority aforesaid, that there shall be

appointed, from time to time, by Congress, a governor, whose commission

shall continue in force for the term of three years, unless sooner

revoked by Congress; he shall reside in the district, and have a

freehold estate therein in 1000 acres of land, while in the exercise of

his office.

There shall be appointed, from time to time, by Congress, a secretary,

whose commission shall continue in force for four years unless sooner

revoked; he shall reside in the district, and have a freehold estate

therein in 500 acres of land, while in the exercise of his office;

it shall be his duty to keep and preserve the acts and laws passed

by the legislature, and the public records of the district, and the

proceedings of the governor in his Executive department; and transmit

authentic copies of such acts and proceedings, every six months, to the

Secretary of Congress: There shall also be appointed a court to consist

of three judges, any two of whom to form a court, who shall have a

common law jurisdiction, and reside in the district, and have each

therein a freehold estate in 500 acres of land while in the exercise

of their offices; and their commissions shall continue in force during

good behavior.

The governor and judges, or a majority of them, shall adopt and

publish in the district such laws of the original States, criminal and

civil, as may be necessary and best suited to the circumstances of the

district, and report them to Congress from time to time: which laws

shall be in force in the district until the organization of the General

Assembly therein, unless disapproved of by Congress; but, afterwards,

the legislature shall have authority to alter them as they shall think

fit.

The governor, for the time being, shall be commander-in-chief of the

militia, appoint and commission all officers in the same below the

rank of general officers; all general officers shall be appointed and

commissioned by Congress.

Previous to the organization of the General Assembly, the governor

shall appoint such magistrates and other civil officers, in each county

or township, as he shall find necessary for the preservation of the

peace and good order in the same. After the General Assembly shall be

organized, the powers and duties of the magistrates and other civil

officers shall be regulated and defined by the said Assembly; but

all ... civil officers not herein otherwise directed shall during the

continuance of this temporary government be appointed by the governor.

For the prevention of crimes and injuries the laws to be adopted

or made shall have force in all parts of the district; and for the

execution of process criminal and civil, the governor shall make

proper divisions thereof, and he shall proceed from time to time as

circumstances may require to lay out the parts of the District in

which the Indian titles shall have been extinguished into counties and

townships subject however to such alterations as may thereafter be made

by the legislature.

So soon as there shall be five thousand free male inhabitants of full

age in the district, upon giving proof thereof to the governor, they

shall receive authority with time and place to elect representatives

from their counties or townships to represent them in the general

Assembly, provided that for every five hundred free male inhabitants

there shall be one representative; and so on progressively with the

number of free male inhabitants shall the right of representation

encrease until the number of representatives shall amount to twenty

five, after which the number and proportion of representatives shall

be regulated by the legislature; provided that no person be eligible

or qualified to act as a representative unless he shall have been a

citizen of one of the United States three years and be a resident in

the district or unless he shall have resided in the district three

years, and in either case shall likewise hold in his own right in fee

simple two hundred acres of land within the same; provided also that a

freehold in fifty acres of land in the district having been a citizen

of one of the states and being resident in the district, or the like

freehold and two years residence in the district shall be necessary to

qualify a man as an elector of a representative.

The representatives thus elected shall serve for the term of two years,

and in case of the death of a representative or removal from office,

the governor shall issue a writ to the county or township for which he

was a member, to elect another in his stead to serve for the residue of

the term.

The general Assembly or legislature shall consist of the governor,

legislative council and a house of representatives. The legislative

council shall consist of five members to continue in Office five years

unless sooner removed by Congress, any three of whom to be a quorum

and the members of the council shall be nominated and appointed in

the following manner, to wit: As soon as representatives shall be

elected, the governor shall appoint a time and place for them to meet

together; and, when met, they shall nominate ten persons, residents in

the district, and each possessed of a freehold in 500 acres of land,

and return their names to Congress; five of whom Congress shall appoint

and commission to serve as aforesaid; and, whenever a vacancy shall

happen in the council, by death or removal from office, the house of

representatives shall nominate two persons, qualified as aforesaid, for

each vacancy, and return their names to Congress; one of whom Congress

shall appoint and commission for the residue of the term. And every

five years, four months at least before the expiration of the time of

service of the members of council, the said house shall nominate ten

persons, qualified as aforesaid, and return their names to Congress;

five of whom Congress shall appoint and commission to serve as members

of the council five years, unless sooner removed. And the governor,

legislative council, and house of representatives, shall have authority

to make laws in all cases, for the good government of the district, not

repugnant to the principles and articles in this ordinance established

and declared. And all bills, having passed by a majority in the house,

and by a majority in the council, shall be referred to the governor for

his assent; but no bill, or legislative act whatever, shall be of any

force without his assent. The governor shall have power to convene,

prorogue, and dissolve the General Assembly, when, in his opinion, it

shall be expedient.

The governor, judges, legislative council, secretary, and such other

officers as Congress shall appoint in the district, shall take an oath

or affirmation of fidelity and of office; the governor before the

President of Congress, and all other officers before the governor. As

soon as a legislature shall be formed in the district, the council and

house assembled in one room, shall have authority, by joint ballot, to

elect a delegate to Congress, who shall have a seat in Congress, with a

right of debating but not of voting during this temporary government.

_And, for extending the fundamental principles of civil and religious

liberty, which form the basis whereon these republics, their laws and

constitutions are erected; to fix and establish those principles as

the basis of all laws, constitutions, and governments, which forever

hereafter shall be formed in the said territory: to provide also for

the establishment of States, and permanent Government therein, and for

their admission to a Share in the federal Councils on an equal footing

with the original States, at as early periods as maybe consistent with

the general interest--_

It is hereby Ordained and declared by the authority aforesaid, That the

following Articles shall be considered as Articles of compact between

the Original States and the People and States in the said territory,

and forever remain unalterable, unless by common consent, _to wit_,

Article the First. No Person demeaning himself in a peaceable and

orderly manner shall ever be molested on account of his mode of worship

or religious sentiments in the said territory--

Article the Second. The Inhabitants of the said territory shall always

be entitled to the benefits of the writ of Habeas Corpus, and of the

trial by jury; of a proportionate representation of the people in

the legislature, and of judicial proceedings according to the course

of the common law; all Persons shall be bailable unless for capital

offences, where the proof shall be evident, or the presumption great;

all fines shall be moderate, and no cruel or unusual punishments shall

be inflicted; no man shall be deprived of his liberty or property but

by the judgment of his Peers, or the law of the land; and should the

Public exigencies make it necessary for the common preservation to

take any person's property, or to demand his particular Services, full

compensation shall be made for the same,--and in the just preservation

of rights and property it is understood and declared, that no law

ought ever to be made, or have force in the said territory, that shall

in any manner whatever interfere with or affect private Contracts or

engagements, bona fide and without fraud previously formed.

Article the Third. Religion, Morality and knowledge being necessary to

good Government and the happiness of mankind, Schools and the means

of education shall forever be encouraged. The utmost good faith shall

always be observed towards the Indians; their lands and property shall

never be taken from them without their consent; and in their property,

rights and liberty, they never shall be invaded or disturbed, unless

in just and lawful wars authorized by Congress; but laws founded in

justice and humanity shall from time to time be made, for preventing

wrongs being done to them, and for preserving peace and friendship with

them--

Article the Fourth. The said Territory, and the States which may be

formed therein, shall forever remain a part of this Confederacy ...

subject to the Articles of Confederation, and to such alterations

therein as shall be constitutionally made; and to all the acts and

ordinances of the United States in Congress assembled, conformable

thereto. The inhabitants and settlers in the said territory shall

be subject to pay a part of the federal debts contracted or to be

contracted, and a proportional part of the expenses of government, to

be apportioned on them by Congress according to the same common rule

and measure by which apportionments thereof shall be made on the other

States; and the taxes, for paying their proportion, shall be laid

and levied by the authority and direction of the legislatures of the

district or districts, or new States, as in the original States within

the time agreed upon by the United States in Congress assembled. The

legislatures of those districts or new States shall never interfere

with the primary disposal of the soil by the United States in Congress

assembled, nor with any regulations Congress may find necessary for

securing the title in such soil to the _bona fide_ purchasers. No tax

shall be imposed on lands the property of the United States; and, in no

case, shall non-resident proprietors be taxed higher than residents.

The navigable waters leading into the Mississippi and St. Lawrence, and

the carrying places between the same, shall be common highways, and

forever free, as well to the inhabitants of the said territory as to

the citizens of the United States, and those of any other States that

may be admitted into the Confederacy, without any tax, impost, or duty,

therefor.

Article the Fifth. There shall be formed in the said territory, not

less than three nor more than five States; and the boundaries of

the States, as soon as Virginia shall alter her act of cession, and

consent to the same, shall become fixed and established as follows,

to wit: The Western State in the said territory, shall be bounded by

the Mississippi, the Ohio, and Wabash rivers; a direct line drawn from

the Wabash and Post St. Vincent's, due North, to the territorial line

between the United States and Canada; and, by the said territorial

line, to the Lake of the Woods and Mississippi. The middle State shall

be bounded by the said direct line, the Wabash from Post Vincent's,

to the Ohio; by the Ohio, by a direct line, drawn due North from the

mouth of the Great Miami, to the said territorial line, and by the

said territorial line. The Eastern State shall be bounded by the last

mentioned direct line, the Ohio, Pennsylvania, and the said territorial

line: _Provided however_, and it is further understood and declared,

that the boundaries of these three States shall be subject so far to

be altered, that, if Congress shall hereafter find it expedient, they

shall have authority to form one or two States in that part of the

said territory which lies North of an East and West line drawn through

the Southerly bend or extreme of lake Michigan. And, whenever any of

the said States shall have 60,000 free inhabitants therein, such State

shall be admitted, by its delegates, into the Congress of the United

States, on an equal footing with the original States in all respects

whatever, and shall be at liberty to form a permanent constitution and

State government: _Provided_, the constitution and government, so to

be formed, shall be republican, and in conformity to the principles

contained in these articles; and, so far as it can be consistent with

the general interest of the confederacy, such admission shall be

allowed at an earlier period, and when there may be a less number of

free inhabitants in the State than 60,000.

_Article the Sixth. There shall be neither slavery nor involuntary

servitude in the said territory, otherwise than in the punishment of

crimes, whereof the party shall have been duly convicted: Provided,

always, That any person escaping into the same, from whom labor or

service is lawfully claimed in any one of the original States, such

fugitive may be lawfully reclaimed and conveyed to the person claiming

his or her labor or service as aforesaid._

_Be it ordained by the authority aforesaid_, That the resolutions of

the 23d of April, 1784, relative to the subject of this ordinance, be,

and the same are hereby, repealed and declared null and void.[147]

Done by the United States, in Congress assembled, the 13th day of

July, in the year of our Lord 1787, and of their sovereignty and

independence the twelfth.

[The great Sixth Article has rendered this Ordinance immortal. This

anti-slavery provision, however, has been spoken of sometimes in

terms more rhetorical than exact. Senator Hoar, in a centennial

memorial oration at Marietta, in 1888, said: "Here was the first

human government under which absolute civil and religious liberty

has always prevailed. ... Here no slave was ever born, or dwelt."

The student may compare _American History and Government_, # 333,

close. But Daniel Webster was the historian rather than merely

the orator when he said: "I doubt whether one single law of any

lawgiver, ancient or modern, has produced effects of more distinct,

marked, and lasting character, than the Ordinance of 1787."

August 7, 1789, the First Congress under the Constitution passed a

_Confirmatory Act_, reenacting the Northwest Ordinance, with the

provision that the appointments therein referred to Congress should

be made by the President, subject to confirmation by the Senate.]

FOOTNOTES:

[144] These quoted phrases are the modern terms, of course. The

Franklanders called both meetings merely conventions.

[145] This was a matter of supreme moment. The first legislature of

the new State found it necessary to fix a "currency in kind," as

legal-tender, in which all business transactions should be carried

on, and all government salaries paid. A pound of sugar was to pass

for one shilling; a fox or raccoon skin for two shillings; a gallon

of peach brandy for three shillings; and an otter or a deer skin for

six shillings. Easterners, even Benjamin Franklin, indulged in much

laughter at this "money which could not be counterfeited," forgetting

how their own fathers had used similar currency.

[146] This paragraph was added by amendment (proposed by Mr. Gerry) at

the last moment. A more stringent proposition was lost,--viz.: "That

_until_ such time as the settlers shall have adopted the constitution

and laws of some one of the original states ... the settlers shall be

ruled by magistrates to be appointed by the United States in Congress

assembled, and under such laws and regulations as the United States, in

Congress assembled, shall direct."

[147] For this earlier ordinance, cf. No. 149_a_.

XXVI. DRIFTING TOWARD ANARCHY

150. Danger (or Hope) of a Military Dictator (1783)

_Gouverneur Morris to John Jay_

_Life and Works of Morris_ (Sparks' edition), I, 249. If this

letter is taken in conjunction with the army plots, it would seem

that Morris was not averse to a military revolution as a step

toward aristocratic rule.

PHILADELPHIA, January 1, 1783.

... The army have swords in their hands. _You know enough of the

history of mankind to know much more than I have said_,--and possibly

much more than they themselves yet think of. I will add, however, that

_I am glad_ to see things in this present train. Depend on it; good

will arise from the _situation to which we are hastening_. ... Although

I think it probable that much of convulsion will ensue, yet it must

terminate in giving to government that power without which government

is but a name.

151. Shays' Rebellion

_a. A temperate statement of real grievances leading to the "Rebellion"_

Minot's _History of the Insurrection in Massachusetts_, pages 34-37.

The following "schedule of grievances" was adopted by a mass

convention of Hampshire County, Massachusetts, in 1786. For the

general narrative, cf. _American History and Government_, # 188-192.

At a meeting of the delegates from _fifty_ towns in the county

of Hampshire, in convention held at Hatfield, in said county, on

Tuesday, the 22d day of August instant [1786], and continued by

adjournments until the twenty fifth, etc. _Voted, that this meeting is

constitutional._

The convention from a thorough conviction of great uneasiness,

subsisting among the people of this county and Commonwealth, then

went into an inquiry for the cause; and, upon mature consideration,

deliberation, and debate, were of opinion, _that many grievances and

unnecessary burdens now lying upon the people, are the source of that

discontent so evidently discoverable throughout this Commonwealth_.

Among which the following articles were voted as such, viz.

1st. _The existence of the Senate._[148]

2d. _The present mode of representation._

3d. The officers of government not being annually dependent on the

representatives of the people, in General Court assembled, for their

salaries.

4th. All the civil officers of government, not being annually elected

by the Representatives of the people, in General Court assembled.

5th. The existence of the Courts of Common Pleas, and General Sessions

of the Peace.

6th. _The Fee Table as it now stands._

7th. The present mode of appropriating the impost and excise.

8th. _The unreasonable grants made to some of the officers of

government._

9th. The supplementary aid.

10th. The present mode of paying the governmental securities.

11th. The present mode adopted for the payment and speedy collection of

the last tax.

12th. _The present mode of taxation, as it operates unequally between

the polls and estates, and between landed and mercantile interests._

13th. _The present method of practice of the attorneys at law._

14th. _The want of a sufficient medium of trade, to remedy the

mischiefs arising from the scarcity of money._

15th. The General Court sitting in the town of _Boston_.

16th. The present embarrassments on the press.

17th. The neglect of the settlement of important matters depending

between the Commonwealth and Congress, relating to monies and averages.

18th. Voted, This convention recommend to the several towns in this

county that they instruct their Representatives, to use their influence

in the next General Court, to have emitted _a bank of paper money,

subject to a depreciation; making it a tender in all payments, equal to

silver and gold_, to be issued in order to call in the Commonwealth's

securities.

19th. _Voted, That whereas several of the above articles of grievances

arise from defects in the constitution; therefore a revision of the

same ought to take place._

20th. Voted, That it be recommended by this convention to the several

towns in this county, that they petition the Governour to call the

General Court immediately together, in order that the other grievances

complained of, may, by the legislature, be redressed.

=21st. Voted, That this convention recommend it to the inhabitants of

this county, that they abstain from all mobs and unlawful assemblies,

until a constitutional method of redress can be obtained.=

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