American History Told by Contemporaries/Volume 2/Chapter 25


CHAPTER XXV — THE ISSUE OF COERCION
153. The First Continental Congress (1774)

BY DELEGATE JOHN ADAMS

For John Adams, see No. 24 above. For the First Continental Congress, see Frothingham, Rise of the Republic, ch. ix ; Winsor, Narrative and Critical History, VI, 99-104 ; Channing and Hart, Guide, § 137.

[Sept.] 5. Monday. A T ten the , Agates all met at the City Tavern, and walked to the Carpenters Hall, where they took a view of the room, and of the chamber where is an excellent library ; there is also a long entry where gentlemen may walk, and a convenient chamber opposite to the library. The general cry was, that this was a good room, and the question was put, whether we were satisfied with this room? and it passed in the affirmative. A very few were for the negative, and they were chiefly from Pennsylvania and New York. Then Mr. Lynch arose, and said there was a gentleman present who had presided with great dignity over a very respectable society, greatly to the advantage of America, and he therefore proposed that the Honorable Peyton Randolph, Esquire, one of the delegates from Virginia, and the late Speaker of their House of Burgesses, should be appointed Chairman, and he doubted not it would be unanimous.

The question was put, and he was unanimously chosen.

Mr. Randolph then took the chair, and the commissions of the dele gates were all produced and read.

Then Mr. Lynch proposed that Mr. Charles Thomson, a gentleman of family, fortune, and character in this city, should be appointed Secretary, which was accordingly done without opposition, though Mr. Duane and Mr. Jay discovered at first an inclination to seek further.

Mr. Duane then moved that a committee should be appointed to prepare regulations for this Congress. Several gentlemen objected.

I then arose and asked leave of the President to request of the gentleman from New York an explanation, and that he would point out some particular regulations which he had in his mind. He mentioned particularly the method of voting, whether it should be by Colonies, or by the poll, or by interests.

Mr. Henry then arose, and said this was the first General Congress which had ever happened ; that no former Congress could be a precedent ; that we should have occasion for more general congresses, and therefore that a precedent ought to be established now ; that it would be great injustice if a little Colony should have the same weight in the councils of America as a great one, and therefore he was for a committee.

Major Sullivan observed that a little Colony had its all at stake as well as a great one. . . .

Mr. Henry. Government is dissolved. Fleets and armies and the present state of things show that government is dissolved. Where are your landmarks, your boundaries of Colonies? We are in a state of nature, sir. I did propose that a scale should be laid down ; that part of North America which was once Massachusetts Bay, and that part which was once Virginia, ought to be considered as having a weight. Will not people complain? Ten thousand Virginians have not outweighed one thousand others.

I will submit, however ; I am determined to submit, if I am overruled.

A worthy gentleman (ego) near me seemed to admit the necessity of obtaining a more adequate representation.

I hope future ages will quote our proceedings with applause. It is one of the great duties of the democratical part of the constitution to keep itself pure. It is known in my Province that some other Colonies are not so numerous or rich as they are. I am for giving all the satis faction in my power.

The distinctions between Virginians, Pennsylvanians, New Yorkers, and New Englanders, are no more. I am not a Virginian, but an American.

Slaves are to be thrown out of the question, and if the freemen can be represented according to their numbers, I am satisfied.

Mr. Lynch. I differ in one point from the gentleman from Virginia, that is, in thinking that numbers only ought to determine the weight of Colonies. I think that property ought to be considered, and that it ought to be a compound of numbers and property that should determine the weight of the Colonies.

I think it cannot be now settled. Mr. Rutledge. We have no legal authority ; and obedience to our determinations will only follow the reasonableness, the apparent utility and necessity of the measures we adopt. We have no coercive or legislative authority. Our constituents are bound only in honor to observe our determinations.

Governor Ward. There are a great number of counties, in Virginia, very unequal in point of wealth and numbers, yet each has a right to send two members.

Mr. Lee. But one reason, which prevails with me, and that is, that we are not at this time provided with proper materials. [I] am afraid we are not.

Mr. Gadsden. I can't see any way of voting, but by Colonies.

Colonel Bland. I agree with the gentleman (ego) who spoke near me, that we are not at present provided with materials to ascertain the importance of each Colony. The question is, whether the rights and liberties of America shall be contended for, or given up to arbitrary powers.

Mr. Pendleton. If the committee should find themselves unable to ascertain the weight of the Colonies, by their numbers and property, they will report this, and this will lay the foundation for the Congress to take some other steps to procure evidence of numbers and property at some future time.

Mr. Henry. I agree that authentic accounts cannot be had, if by authenticity is meant attestations of officers of the Crown.

I go upon the supposition that government is at an end. All distinctions are thrown down. All America is thrown into one mass. We must aim at the minutiae of rectitude.

Mr. Jay. Could I suppose that we came to frame an American constitution, instead of endeavoring to correct the faults in an old one — I can't yet think that all government is at an end. The measure of arbitrary power is not full, and I think it must run over, before we undertake to frame a new constitution.

To the virtue, spirit, and abilities of Virginia, we owe much. I should always, therefore, from inclination as well as justice, be for giving Virginia its full weight.

I am not clear that we ought not to be bound by a majority, though ever so small, but 1 only mentioned it as a matter of danger, worthy of consideration. . . .

7. Wednesday. Went to Congress again, heard Mr. Duché read prayers ; the collect for the day, the 7th of the month, was most admirably adapted, though this was accidental, or rather providential. A prayer which he gave us of his own composition was as pertinent, as affectionate, as sublime, as devout, as I ever heard offered up to Heaven. He filled every bosom present. . . .

10. Saturday. Attended my duty upon the sub-committee. Dined at home. Dr. Morgan, Dr. Cox, Mr. Spence, and several other gentlemen, Major Sullivan and Colonel Folsom, dined with us upon salt fish. Rambled in the evening with Jo Reed, and fell into Mr. Sprout s meet ing, where we heard Mr. Spence preach. Mr. Reed returned with Mr. Adams and me to our lodgings, and a very sociable, agreeable, and communicative evening we had. He says we never were guilty of a more masterly stroke of policy, than in moving that Mr. Duché might read prayers ; it has had a very good effect, &c. He says the sentiments of people here are growing more and more favorable every day.

11. Sunday. There is such a quick and constant succession of new scenes, characters, persons, and events, turning up before me, that I can t keep any regular account. . . .

12. Monday. . . . dined with Mr. Dickinson at his seat at Fair Hill. . . . Mr. Dickinson has a fine seat, a beautiful prospect of the city, the river, and the country, fine gardens, and a very grand library. . . . Mr. Dickinson is a very modest man, and very ingenious as well as agreeable ; he has an excellent heart, and the cause of his country lies near it. He is full and clear for allowing to Parliament the regulation of trade, upon: principles of necessity, and the mutual interest of both countries.

13. Tuesday. Attended my duty all day on the sub-committee Agreed on a report.

14. Wednesday. Visited Mr. Gadsden, Mr. Deane, Colonel Dyer, &c. at their lodgings. Gadsden is violent against allowing to Parliament any power of regulating trade, or allowing that they have any thing to do with us. "Power of regulating trade," he says, "is power of ruining us ; as bad as acknowledging them a supreme legislative in all cases whatsoever ; a right of regulating trade is a right of legislation, and a right of legislation in one case is a right in all ; this I deny." Attended the Congress and committee all the forenoon ; dined with Dr. Cox. ... A mighty feast again ; nothing less than the very best of Claret, Madeira, and Burgundy ; melons, fine beyond description, and pears and peaches as excellent. This day Mr. Chase introduced to us a Mr. Carroll, of Annapolis, a very sensible gentleman, a Roman Catholic, and of the first fortune in America. His income is ten thousand pounds sterling a year now, will be fourteen in two or three years, they say ; besides, his father has a vast estate which will be his after his father. . . .

17. Saturday. This was one of the happiest days of my life. In Congress we had generous, noble sentiments, and manly eloquence. This day convinced me that America will support the Massachusetts or perish with her. . . .

28. Wednesday. Dined with Mr. R. Penn ; a magnificent house, and a most splendid feast, and a very large company. Mr. Dickinson and General Lee were there, and Mr. Moylan, besides a great number of the delegates. Spent the evening at home, with Colonel Lee, Colonel Washington, and Dr. Shippen, who came in to consult with us. . . .

[Oct.] 10. Monday. The deliberations of the Congress are spun out to an immeasurable length. There is so much wit, sense, learning, acuteness, subtlety, eloquence, &c. among fifty gentlemen, each of whom has been habituated to lead and guide in his own Province, that an immensity of time is spent unnecessarily. Johnson of Maryland has a clear and a cool head, an extensive knowledge of trade as well as law. He is a deliberating man, but not a shining orator ; his passions and imagination don't appear enough for an orator ; his reason and penetration appear, but not his rhetoric. Galloway, Duane, and Johnson are sensible and learned, but cold speakers. Lee, Henry, and Hooper, are the orators ; Paca is a deliberator too ; Chase speaks warmly ; Mifflin is a sprightly and spirited speaker ; John Rutledge don't exceed in learn ing or oratory, though he is a rapid speaker ; young Edward Rutledge is young and zealous, a little unsteady and injudicious, but very unnatural and affected as a speaker ; Dyer and Sherman speak often and long, but very heavily and clumsily. . . .

20. Thursday. Dined with the whole Congress, at the City Tavern, at the invitation of the House of Representatives of the Province of Pennsylvania. The whole House dined with us, making near one hundred guests in the whole ; a most elegant entertainment. A sentiment was given : "May the sword of the parent never be stained with the blood of her children." Two or three broad-brims over against me at table ; one of them said, this is not a toast, but a prayer ; come, let us join in it. And they took their glasses accordingly. . . .

24. Monday. In Congress, nibbling and quibbling as usual. There is no greater mortification than to sit with half a dozen wits, deliberating upon a petition, address, or memorial. These great wits, these subtle critics, these refined geniuses, these learned lawyers, these wise statesmen, are so fond of showing their parts and powers, as to make their consultations very tedious. Young Ned Rutledge is a perfect Bob-o-Lincoln, — a swallow, a sparrow, a peacock ; excessively vain, excessively weak, and excessively variable and unsteady ; jejune, inane, and puerile. Mr. Dickinson is very modest, delicate, and timid. Spent the evening at home. Colonel Dyer, Judge Sherman, and Colonel Floyd came in, and spent the evening with Mr. Adams and me. Mr. Mifflin and General Lee came in. Lee s head is running upon his new plan of a battalion. . . .

26. Wednesday. Dined at home. This day the Congress finished. Spent the evening together at the City Tavern ; all the Congress, and several gentlemen of the town. . . .

28. Friday. Took our departure, in a very great rain, from the happy, the peaceful, the elegant, the hospitable, and polite city of Philadelphia. It is not very likely that I shall ever see this part of the world again, but I shall ever retain a most grateful, pleasing sense of the many civilities I have received in it, and shall think myself happy to have an opportunity of returning them.

John Adams, Works (edited by Charles Francis Adams, Boston, 1850), II, 365-402 passim.


154. Enforcement of the Association (1774)
BY GOVERNOR THE EARL OF DUNMORE

For Dunmore, see above, No. 135.

THE Associations first in part entered into, recommended by the people of this Colony, and adopted by what is called the Continental Congress, are now enforcing throughout this country with the greatest rigour. A Committee has been chosen in every County, whose business it is to carry the Association of the Congress into execution, which Committee assumes an authority to inspect the books, invoices, and all other secrets of the trade and correspondence of Merchants ; to watch the conduct of every inhabitant, without distinction, and to send for all such as come under their suspicion into their presence ; to interrogate them respecting all matters which, at their pleasure, they think fit objects of their inquiry; and to stigmatize, as they term it, such as they find transgressing what they are now hardy enough to call the Laws of the Congress, which stigmatizing is no other than inviting the vengeance of an outrageous and lawless mob to be exercised upon the unhappy victims. Every County, besides, is now arming a Company of men, whom they call an Independent Company, for the avowed purpose of protecting their Committees, and to be employed against Government, if occasion require. The Committee of one County has proceeded so far as to swear the men of their Independent Company, to execute all orders which shall be given them from the Committee of their County.

As to the power of Government; which your Lordship, in your letter of November 11, directs should be exerted to counteract the dangerous measures pursuing here, I can assure your Lordship that it is entirely disregarded, if not wholly overturned. There is not a Justice of the Peace in Virginia that acts, except as a Committee-man. The abolishing the Courts of Justice was the first step taken, in which the men of fortune and pre-eminence joined equally with the lowest and meanest. The General Court of Judicature of the Colony is much in the same predicament ; for though there are at least a majority of his Majesty's Council, who, with myself, are the Judges of that Court, that would steadily perform their duty, yet the Lawyers have absolutely refused to attend, nor indeed would the people allow them to attend, or evidences to appear. The reason commonly assigned for this proceeding, is the want of a Fee Bill, which expired at the last session of Assembly ; and it is a popular argument here, that no power but the Legislature can establish Fees ; and the Fee Bill not having been renewed, it is attributed to the dissolution. But the true cause of so many persons joining in so opprobrious a measure, was to engage their English creditors, who are numerous, to join in the clamours of this country ; and not a few to avoid paying the debts in which many of the principal people here are much involved.

With regard to the encouraging of those, as your Lordship likewise exhorts me, who appeared, in principle, averse to these proceedings, I hope your Lordship will do me the justice to believe I have left no means in my power unessayed to draw all the assistance possible from them to his Majesty's Government ; but I presume your Lordship will not think it very extraordinary, that my persuasions should have been unavailing, against the terrours, which, on the other hand, are held out by the Committee.

Independent Companies, &c., so universally supported, who have set themselves up superiour to all other authority, under the auspices of their Congress, the Laws of which they talk of in a style of respect, and treat with marks of reverence, which they never bestowed on their legal Government, or the Laws proceeding from it. I can assure your Lordship, that I have discovered no instance where the interposition of Government, in the feeble state to which it is reduced, could serve any other purpose than to suffer the disgrace of a disappointment, and thereby afford matter of great exultation to its enemies, and increase their influence over the minds of the people.

But, my Lord, every step which has been taken by these infatuated people, must inevitably defeat its own purpose. Their Non-Importation, Non-Exportation, &c., cannot fail in a short time to produce a scarcity, which will ruin thousands of families. The people, indeed, of fortune, may supply themselves and their negroes for two or three years, but the middling and poorer sort, who live from hand to mouth, have not the means of doing so ; and the produce of their lands will not purchase those necessaries, (without which themselves and negroes must starve,) of the Merchants who may have goods to dispose of; because the Merchants are prevented from turning such produce to any account. As to manufacturing for themselves, the people of Virginia are very far from being naturally industrious ; and it is not by taking away the principal, if not the only encouragement to industry, that it can be excited ; nor is it in times of anarchy and confusion, that the foundation of such improvements can be laid. The lower class of people, too, will discover that they have been duped by the richer sort, who, for their part, elude the whole effects of the Association by which their poor neighbours perish. What, then, is to deter those from taking the shortest mode of supplying themselves? and unrestrained as they are by laws, from taking whatever they want wherever they can find it?

The arbitrary proceedings of these Committees, likewise, cannot fail of producing quarrels and dissensions, which will raise partisans of Government ; and I am firmly persuaded that the Colony, even by their own acts and deeds, must be brought to see the necessity of depending on its mother country, and of embracing its authority.

Peter Force, compiler, American Archives, Fourth Series (Washington, 1837), I, 1061-1063.

155. The Necessity of Self-Defence (1775)

BY THE SECOND CONTINENTAL CONGRESS

This is one of the most celebrated state papers of the time, and is a fervid statement of the grievances of the colonists. — Bibliography : Winsor, Narrative and Critical History, VI, 108; Frothingham, Rise of the Republic, ch. x; Channing and Hart, Guide, §§ 136, 137.

A DECLARATION by the Representatives of the United Colonies of North-America, now met in Congress at Philadelphia, setting forth the Causes and Necessity of their taking up Arms. . . .

Our Forefathers, Inhabitants of the Island of Great-Britain, left their Native Land, to seek on these Shores a Residence for civil and religious Freedom. At the Expence of their Blood, at the Hazard of their Fortunes, without the least Charge to the Country from which they removed, by unceasing Labour and an unconquerable Spirit, they effected Settlements in the distant and inhospitable Wilds of America, then filled with numerous and warlike Nations of Barbarians. — Societies or Governments, vested with perfect Legislatures, were formed under Charters from the Crown, and an harmonious Intercourse was established between the Colonies and the Kingdom from which they derived their Origin. The mutual Benefits of this Union became in a short Time so extraordinary, as to excite Astonishment. It is universally confessed, that the amazing Increase of the Wealth, Strength, and Navigation of the Realm, arose from this Source ; and the Minister, who so wisely and successfully directed the Measures of Great-Britain in the late War, publicly declared, that these Colonies enabled her to triumph over her Enemies. Towards the Conclusion of that War, it pleased our Sovereign to make a Change in his Counsels. — From that fatal Moment, the Affairs of the British Empire began to fall into Confusion, and gradually sliding from the Summit of glorious Prosperity to which they had been advanced by the Virtues and Abilities of one Man, are at length distracted by the Convulsions, that now shake it to its deepest Foundations. — The new Ministry finding the brave Foes of Britain, though frequently defeated, yet still contending, took up the unfortunate Idea of granting them a hasty Peace, and of then subduing her faithful Friends.

These devoted Colonies were judged to be in such a State, as to present Victories without Bloodshed, and all the easy Emoluments of statuteable Plunder. — The uninterrupted Tenor of their peaceable and respectful Behaviour from the Beginning of Colonization, their dutiful, zealous, and useful Services during the War, though so recently and amply acknowledged in the most honourable Manner by his Majesty, by the late King, and by Parliament, could not save them from the meditated Innovations. — Parliament was influenced to adopt the pernicious Project, and assuming a new Power over them, have in the Course of eleven Years given such decisive Specimens of the Spirit and Consequences attending this Power, as to leave no Doubt concerning the Effects of Acquiescence under it. They have undertaken to give and grant our Money without our Consent, though we have ever exercised an exclusive Right to dispose of our own Property ; Statutes have been passed for extending the Jurisdiction of Courts of Admiralty and Vice-Admiralty beyond their ancient Limits ; for depriving us of the accustomed and inestimable Privilege of Trial by Jury in Cases affecting both Life and Property ; for suspending the Legislature of one of the Colonies ; for interdicting all Commerce to the Capital of another ; and for altering fundamentally the Form of Government established by Charter, and secured by Acts of its own Legislature solemnly confirmed by the Crown ; for exempting the " Murderers " of Colonists from legal Trial, and in Effect, from Punishment ; for erecting in a neighbouring Province, acquired by the joint Arms of Great-Britain and America, a Despotism dangerous to our very Existence ; and for quartering Soldiers upon the Colonists in Time of profound Peace. It has also been resolved in Parliament, that Colonists charged with committing certain Offences, shall be transported to England to be tried.

But why should we enumerate our Injuries in detail? By one Statute it is declared, that Parliament can "of right make Laws to bind us in all Cases whatsoever." What is to defend us against so enormous, so unlimited a Power? Not a single Man of those who assume it, is chosen by us ; or is subject to our Controul or Influence ; but on the Contrary, they are all of them exempt from the Operation of such Laws, and an American Revenue, if not diverted from the ostensible Purposes for which it s raised, would actually lighten their own Burdens in Proportion, as they increase ours. We saw the Misery to which such Despotism would reduce us. We for ten Years incessantly and ineffectually besieged the Throne as Supplicants ; we reasoned, we remonstrated with Parliament in the most mild and decent Language.

Administration sensible that we should regard these oppressive Measures as Freemen ought to do, sent over Fleets and Armies to enforce them. The Indignation of the Americans was roused, it is true ; but it was the Indignation of a virtuous, loyal, and affectionate People. A Congress of Delegates from the United Colonies was assembled at Philadelphia, on the fifth Day of last September. We resolved again to offer an humble and dutiful Petition to the King, and also addressed our Fellow Subjects of Great-Britain. We have pursued every temperate, every respectful Measure ; we have even proceeded to break off our commercial Intercourse with our Fellow Subjects, as the last peaceable Admonition, that our Attachment to no Nation upon Earth should supplant our Attachment to Liberty. — This, we flattered ourselves, was the ultimate Step of the Controversy : But subsequent Events have shewn, how vain was this Hope of finding Moderation in our Enemies. . . .

. . . In brief, a part of these Colonies now feel, and all of them are sure of feeling, as far as the Vengeance of Administration can inflict them, the complicated Calamities of Fire, Sword, and Famine. We are reduced to the alternative of chusing an unconditional Submission to the tyranny of irritated Ministers, or resistance by Force. — The latter is our choice. — We have counted the cost of this contest, and find nothing so dreadful as voluntary Slavery. — Honour, Justice, and Humanity, forbid us tamely to surrender that Freedom which we received from our gallant Ancestors, and which our innocent Posterity have a right to receive from us. We cannot endure the infamy and guilt of resigning succeeding Generations to that wretchedness which inevitably awaits them, if we basely entail hereditary Bondage upon them. Our cause is just. Our union is perfect. Our internal Resources are great, and, if necessary, foreign Assistance is undoubtedly attainable. — We gratefully acknowledge, as signal Instances of the Divine Favour towards us, that his Providence would not permit us to be called into this severe Controversy, until we were grown up to our present strength, had been previon[u]sly exercised in warlike Operation, and possessed of the means of defending ourselves. With hearts fortified with these animating Reflections, we most solemnly, before God and the World, declare, that, exerting the utmost Energy of those Powers, which our beneficent Creator hath graciously bestowed upon us, the Arms we have been compelled by our Enemies to assume, we will, in defiance of every Hazard, with unabating Firmness and Perseverence, employ for the preservation of our Liberties ; being with one Mind resolved to die Freemen rather than to live Slaves.

. . . We have not raised Armies with ambitious Designs of separating from Great-Britain, and establishing Independent States. We fight not for Glory or for Conquest. We exhibit to Mankind the remarkable Spectacle of a People attacked by unprovoked Enemies, without any imputation or even suspicion of Offence. They boast of their Privileges and Civilization, and yet proffer no milder Conditions than Servitude or Death.

In our own native Land, in defence of the Freedom that is our Birthright, and which we ever enjoyed till the late Violation of it — for the protection of our Property, acquired solely by the honest Industry of our fore-fathers and ourselves, against Violence actually offered, we have taken up Arms. We shall lay them down when Hostilities shall cease on the part of the Aggressors, and all danger of their being renewed shall be removed, and not before.

Journals of Congress, Sept. 5, 1774-Jan. 1, 1776 (Philadelphia, 1777), I, 143-148 passim.


156. A Diatribe on the American Arguments (1775)

BY DOCTOR SAMUEL JOHNSON

This piece, by the most eminent man of letters then living in the English-speaking world, is a reply to the declaration in No. 155, and an example of the fierce logic of the ultra-Tory party in England. — Bibliography of Johnson : Winsor, Narrative and Critical History, VI, 109; G. Birbeck Hill, Boswell's Johnson, II, 312-317.

THE Congress of Philadelphia, an assembly convened by its own authority, has promulgated a declaration, in compliance with which the communication between Britain and the greatest part of North America is now suspended. They ceased to admit the importation of English goods in December 1774, and determine to permit the exportation of their own no longer than to November 1775.

This might seem enough, but they have done more. They have declared, that they shall treat all as enemies who do not concur with them in disaffection and perveresness [perverseness], and that they will trade with none that shall trade with Britain. . . .

These hostile declarations they profess themselves ready to maintain by force. They have armed the militia of their provinces and seized the publick stores of ammunition. They are therefore no longer subjects, since they refuse the laws of their Sovereign, and in defence of that refusal are making open preparations for war. . . . . . . They have tried to infect the people of England with the contagion of disloyalty. Their credit is happily not such as gives them influence proportionate to their malice. When they talk of their pretended immunities guarrantied by the plighted faith of Government, and the most solemn compacts with English Sovereigns, we think ourselves at liberty to inquire when the faith was plighted and the compact made ; and when we can only find that King James and King Charles the First promised the settlers in Massachuset's Bay, now famous by the appellation of Bostonians, exemption from taxes for seven years, we infer with Mr. Mauduit, that by this solemn compact, they were, after the expiration of the stipulated term, liable to taxation.

When they apply to our compassion, by telling us, that they are to be carried from their own country to be tried for certain offences, we are not so ready to pity them, as to advise them not to offend. While they are innocent they are safe.

When they tell of laws made expressly for their punishment, we answer, that tumults and sedition were always punishable, and that the new law prescribes only the mode of execution.

When it is said that the whole town of Boston is distressed for a misdemeanour of a few, we wonder at their shamelessness ; for we know that the town of Boston, and all the associated provinces, are now in rebellion to defend or justify the criminals.

If frauds in the imposts of Boston are tried by commission without a jury, they are tried here in the same mode; and why should the Bostonians expect from us more tenderness for them than for ourselves?

If they are condemned unheard, it is because there is no need of a trial. The crime is manifest and notorious. All trial is the investigation of something doubtful. An Italian philosopher observes, that no man desires to hear what he has already seen.

Iftheir assemblies have been suddenly dissolved, what was the reason? Their deliberations were indecent, and their intentions seditious. The power of dissolution is granted and reserved for such times of turbulence. Their best friends have been lately soliciting the King to dissolve his Parliament, to do what they so loudly complain of suffering.

That the same vengeance involves the innocent and guilty is an evil to be lamented, but human caution cannot prevent it, nor human power always redress it. To bring misery on those who have not deserved it, is part of the aggregated guilt of rebellion. That governours have been sometimes given them only that a great man might get ease from importunity, and that they have had judges not always of the deepest learning, or the purest integrity, we have no great reason to doubt, because such misfortunes happen to ourselves. Whoever is governed will sometimes be governed ill, even when he is most concerned in his own government.

That improper officers or magistrates are sent, is the crime or folly of those that sent them. When incapacity is discovered, it ought to be removed ; if corruption is detected, it ought to be punished. No government could subsist for a day, if single errors could justify defection.

One of their complaints is not such as can claim much commiseration from the softest bosom. They tell us, that we have changed our conduct, and that a tax is now laid by Parliament on those which were never taxed by Parliament before. To this we think it may be easily answered, that the longer they have been spared, the better they can pay.

It is certainly not much their interest to represent innovation as criminal or invidious ; for they have introduced into the history of mankind a new mode of disaffection, and have given, I believe, the first example of a proscription published by a Colony against the Mother-country.

To what is urged of new powers granted to the Courts of Admiralty, or the extension of authority conferred on the judges, it may be answered in a few words, that they have themselves made such regulations necessary ; that they are established for the prevention of greater evils ; at the same time, it must be observed, that these powers have not been extended since the rebellion in America. . . .

It were a curious, but an idle speculation to inquire, what effect these dictators of sedition expect from the dispersion of their letter among us. If they believe their own complaints of hardship, and really dread the danger which they describe, they will naturally hope to communicate their own perceptions to their fellow-subjects. But probably in America, as in other places, the chiefs are incendiaries, that hope to rob in the tumults of a conflagration, and toss brands among a rabble passively combustible. Those who wrote the Address, though they have shown no great extent or profundity of mind, are yet probably wiser than to believe it : but they have been taught by some master of mischief, how to put in motion the engine of political electricity ; to attract by the sounds of Liberty and Property, to repel by those of Popery and Slavery ; and to give the great stroke by the name of Boston.

When subordinate communities oppose the decrees of the general legislature with defiance thus audacious, and malignity thus acrimonious, nothing remains but to conquer or to yield ; to allow their claim of independence, or to reduce them by force to submission and allegiance. . . .

While these different opinions are agitated, it seems to be determined by the Legislature, that force shall be tried. Men of the pen have seldom any great skill in conquering kingdoms, but they have strong inclination to give advice. I cannot forbear to wish, that this commotion may end without bloodshed, and that the rebels may be subdued by terrour rather than by violence ; and therefore recommend such a force as may take away, not only the power, but the hope of resistance, and by conquering without a battle, save many from the sword.

If their obstinacy continues without actual hostilities, it may perhaps be mollified by turning out the soldiers to free quarters, forbidding any personal cruelty or hurt. It has been proposed, that the slaves should be set free, an act which surely the lovers of liberty cannot but commend. If they are furnished with fire arms for defence, and utensils for husbandry, and settled in some simple form of government within the country, they may be more grateful and honest than their masters.

Far be it from any Englishman to thirst for the blood of his fellow-subjects. Those who most deserve our resentment are unhappily at less distance. The Americans, when the Stamp Act was first proposed, undoubtedly disliked it, as every nation dislikes an impost ; but they had no thought of resisting it, till they were encouraged and incited by European intelligence from men whom they thought their friends, but who were friends only to themselves.

On the original contrivers of mischief let an insulted nation pour out its vengeance. With whatever design they have inflamed this pernicious contest, they are themselves equally detestable. If they wish success to the Colonies, they are traitors to this country ; if they wish their defeat, they are traitors at once to America and England. To them nd them only must be imputed the interruption of commerce, and the miseries of war, the sorrow of those that shall be ruined, and the blood of those that shall fall.

[Samuel Johnson], Taxation no Tyranny ; an Answer to the Resolutions and Address of the American Congress (London, 1775), 55-87 passim.

157. The Tyranny of King George Third (1776)
BY CHIEF JUSTICE WILLIAM HENRY DRAYTON

Drayton was one of the most ardent patriots, and, as in this instance, often made his charges to the grand jury statements of the American grievances. His arraignment of the king marks a change from the first theory, that "wicked ministers" alone were responsible for bad measures. — Bibliography : Winsor, Narrative and Critical History, VI, 119; Tyler, Literary History of the Revolution I, 491493.

South-Carolina

.

AT an adjournment of the court of general sessions of the peace, oyer and terminer, assize and general goal delivery, held at Charlestown, for the district of Charlestown, on Tuesday the 23d day of April, 1776. before the Hon. William Henry Drayton, Esq ; Chief Justice, and his associates justices of the colony of South Carolina. . . .

With joyful acclamations, our ancestors by act of assembly passed on the 18th day of August 1721, recognized the British monarch : the virtues of the second George are still revered among us — he, was the father of his people : and it was with extacy we saw his grandson George the Third mount the throne possessed of the hearts of his subjects.

But alas ! Almost with the commencement of his reign, his subjects felt causes to complain of government. The reign advanced the grievances became more numerous and intolerable — the complaints more general and loud — the whole empire resounded with the cries of injured subjects ! At length, grievances being unredressed and ever increasing ; all patience being borne down ; all hope destroyed ; all confidence in royal government blasted ! — Behold ! the empire is rent from pole to pole ! perhaps to continue asunder for ever !

The catalogue of our oppressions, continental and local, is enormous. Of such oppressions, I will mention only some of the most weighty.

Under colour of law, the [king] and parliament of Great Britain have made the most arbitrary attempts to enslave America.

By claiming a right to bind the colonies, in all cases whatsoever.

By laying duties at their mere will and pleasure, upon all the colonies.

By suspending the legislature of New-York.

By rendering the American charters of no validity, having annulled the most material parts of the charter of the Massachusetts Bay.

By divesting multitudes of the colonists of their property, without legal accusation or trial. By depriving whole colonies of the bounty of providence on their own proper coasts ; in order to coerce them by famine.

By restricting the trade and commerce of America.

By sending to, and continuing in America, in time of peace, an armed force without, and against the consent of the people.

By granting impunity to a soldiery instigated to murder the Americans.

By declaring, that the people of Massachusetts Bay are liable for offences, or pretended offences done in that colony, to be sent to, and tried for the same in England, or in any colony, where they cannot have the benefit of a jury of the vicinage.

By establishing in Quebec the Roman Catholic religion, and an arbitrary government ; instead of the Protestant religion and a free government. . . .

Thus forced to take up arms in our own defence, America yet again most dutifully petitioned the king that he would 'be pleased to direct some mode, by which the united applications of his faithful colonists to the throne, in presence of their common councils, might be improved into a happy and permanent reconciliation ; and that in the mean time, measures might be taken for preventing the further destruction of the lives of his majesty's subjects :' — But, it was in vain ! . . .

In this enlightened age, humanity must be particularly shocked at a recital of such violences ; and it is scarce to be believed, that the British tyranny could entertain an idea of proceeding against America, by a train of more dishonourable machinations. But nothing less than absolute proof has convinced us, that in the carrying on the conspiracy against the rights of humanity, the tyranny is capable of attempting to perpetrate whatever is infamous. . . .

... Oh Almighty director of the universe ! What confidence can be put in a government ruling by such engines, and upon such principles of unnatural destruction ! A government, that on the 21st day of December last, made a law, ex post facto, to justify what had been done, not only without law, but in its nature unjust ! a law to make prize of all vessels trading in, to, or from the United Colonies ; a law to make slaves of the crews of such vessels, and to compel them to bear arms against their conscience, their fathers, their bleeding country ! The world, so old as it is, heretofore had never heard of so attrocious a procedure. It has no parallel in the registers of tyranny. . . .

. . . our liberties and safety cannot be depended upon, if the King of Great Britain should be allowed to hold our forts and cannon ; or to have authority over a single regiment in America, or a single ship of war in our ports ; for if he holds our forts, he may turn them against us, as he did Boston against her proprietors. If he acquires our cannon, he will effectually disarm the colony ; if he has a command of troops among us, even if we raise and pay them, shackles are fixed upon — us witness Ireland and her national army. The most express act of parliament cannot give us security ; for acts of parliament are as easily repealed as made. Royal proclamations are not to be depended — upon witness the disappointments of the inhabitants of Quebec and St. Augustine. Even a change of ministry will not avail us ; because, notwithstanding the rapid succession of ministers, for which the British court has been famous during the present reign, yet the same ruinous policy ever continued to prevail against America. In short, I think it my duty to declare, in the awful seat of justice, and before Almighty God, that in my opinion, the Americans can have no safety but by the divine favour, their own virtue, and their being so prudent, as not to leave it in the power of the British rulers to injure them. Indeed, the ruinous and deadly injuries received on our side ; and the jealousies entertained, and which, in the nature of things, must daily encrease against us on the other ; demonstrate to a mind in the least given to reflection, upon the rise and fall of empires, that true reconcilement never can exist between Great Britain and America, the latter being in subjection to the former. The Almighty created America to be independent of Britain — Let us beware of the impiety of being backward to act as instruments in the Almighty hand, now extended to accomplish his purpose ; and by the completion of which alone, America, in the nature of human affairs, can be secure against the craft and insidious designs of her enemies, who think her prosperity and power already by far too great. In a word, our piety and political safety are so blended, that to refuse our labours in this divine work, is to refuse to be a great, a free, a pious, and a happy people !

[John Almon, compiler], The Remembrancer, 1776 (London, 1776), Part II, 320-330 passim.


158. An Obstinate Guelph (1777-1778)

BY KING GEORGE THIRD

One of the most serious reasons for the Revolution was the unflinching determination of the king to assert his authority both over the colonies and against Parliament

These extracts are from his intimate correspondence with Lord North, his prime minister. — For the character of George III, see No. 130 above. — Bibliography: Winsor, Narrative and Critical History, VII, 166; May, Constitutional History of England, I, ch. i.

Queen's House, Feb. 24th, 1777. 50 min. pt. 5 p. m.

LORD NORTH, — I am sorry to find your cold is encreased, and I strongly recommend Abstinence and Water as the ablest and safest physicians.

The accounts from America are most comfortable. The surprize and want of spirit of the Hessian officers as well as soldiers at Trenton is not much to their credit, and will undoubtedly rather elate the rebels, who till then were in a state of the greatest despondency. I wish Sir W. Howe had placed none but British troops in the outposts ; but I am certain by a letter I have seen from Lord Cornwallis that the rebells will soon have sufficient reason to fall into the former dejection.

Lord George Germaine will to-morrow propose Gen. Clinton for Canada, and Burgoyne to join Howe. I thoroughly approve of this ; he wants [Carleton?] to be recalled, but I have thrown cold water on that, and Ld. Suffolk and Ld. Gower will oppose it at your meeting. . . .

[May 31, 1777.] Lord North, — I am much pleased at finding you have concluded the Committee on the African business, by referring the abuses mentioned in the Report of the Board of Trade to the next Sessions of Parliament. I have as yet not heard from Lord Weymouth concerning the debate on the House of Lords, and consequently am much pleased with your attention in sending unto me a copy of Lord Chatham s highly unseasonable motion, which can have no other use but to convey some fresh fuel if attended to by the rebels. Like most of the other productions of that extraordinary brain, it contains nothing but specious words and malevolence, for no one that reads it, if unacquainted with the conduct of the mother country and its colonies, [but] must suppose the Americans poor mild persons, who after unheard-of and repeated grievances had no choise but slavery or the sword ; whilst the truth is, that the too great lenity of this country encreased their pride and encouraged them to rebel. But, thank God ! the nation does not see the unhappy contest through his mirour ; if his sentiments were adopted, I should not esteem my situation in this country as a very dignified one, for the islands would soon cast off all obedience. . . .

[Dec. 21, 1777.] Lord North with great propriety terms the enclosed letter a singular one ; I cannot help adding the epithets of offensive, and calculated alone to encrease animossity. But Franklin is too deep to draw it up solely from malevolence ; it occurs to me therefore that if he could obtain any answer it would be tacitly acknowledging him and his collegues in the capacity they assume, and consequently admitting the right of the rebel colonies to make such appointment, and to be united states ; and perhaps, if he does not succeed in this object, publishing something in Europe that may carry the air of our having acted with cruelty, which I am certain no officer, either military or civil, in my service would be guilty of. They certainly could not make much distinction among rebels, but if they have erred I should rather think it has been in too much civility towards them. . . .

[Jan. 13, 1778.] ... It also appears from these letters that Franklin and Deane either have no power of treating, or that they are not enclined to furnish any lights how an accommodation can be effected ; for whilst nothing short of independency will be accepted, I do not think there is a man either bold or mad enough to presume to treat for the mother country on such a basis. Perhaps the time may come when it will be wise to abandon all North America but Canada, Nova Scotia, and the Floridas, but then the generality of the nation must see it first in that light, but to treat with Independence can never be possible. . . .

What I have now to propose is, that without loss of time the mode of conducting the American war be deliberated upon, that Lord Amherst be examined at the Cabinet on the subject ; he is clear that after the disaster of Burgoyne not ess than an additional army to what is there at present of 40,000 men can carry on with any effect an offensive land war ; that a sea war is the only wise plan ; that the preventing the arrival of military stores, cloathing, and the other articles necessary from Europe, must distress them, and make them come into what Britain may decently consent to ; that at this hour they will laugh at any proposition. . . .

What is still more material to be settled is the plan on which Administration is to repell the different attacks of Opposition when Parliament meets, as to the calling for papers, the proposing enquiries, &c. This must be digested by you, and I hope is already so nearly ready that you may open the whole to the Cabinet when next it meets, and have a minute taken, that, when the debate [comes on] in both Houses on the state of the nation, from want of previous concert the conduct may not be opposite.

W. Bodham Donne, editor, The Correspondence of King George the Third with Lord North (London. 1867), II, 55-119 passim.