relating the rise and progress of the new government of the States. On Friday, June 2d, 1775,* "The President laid before Congress a letter from the Provincial Convention of Massachusetts Bay, dated May 16th, which was read, setting forth the difficulties they labor under for want of a regular form of government, and as they and the other Colonies are now compelled to raise an army to defend themselves from the butcheries and devastations of their implacable enemies, which renders it still more necessary to have a regular established government, requesting the Congress to favor them with explicit advice respecting the taking up and exercising the powers of civil government, and declaring their readiness to submit to such a general plan as the Congress may direct for the Colonies, or make it their great study to establish such a form of government there as shall not only promote their advantage, but the union and interest of all America. This subject had engaged much of my attention before I left Massachusetts, and had been frequently the subject of conversation between me and many of my friends,— Dr. Winthrop, Dr. Cooper, Colonel Otis, the two Warrens, Major Hawley, and others, besides my colleagues in Congress, and lay with great weight upon my mind, as the most difficult and dangerous business that we had to do; (for from the beginning, I always expected we should have more difficulty and danger, in our attempts to govern ourselves, and in our negotiations and connections with foreign powers, than from all the fleets and armies of Great Britain.) It lay, therefore, with great weight upon my mind, and when this letter was read, I embraced the opportunity to open myself in Congress, and most earnestly to entreat the serious attention of all the members, and of all the continent, to the measures which the times demanded. For my part, I thought there was great wisdom in the adage, "when the sword is drawn, throw away the scabbard." Whether we threw it away voluntarily or not, it was useless now, and would be useless forever.1 The pride of Britain, flushed with late triumphs *Journals of Congress, p. 112. 1 In the first part of Almon's Remembrancer, for the year 1776, is an article purporting to be the "Fragment of a Speech made in the General Congress of America, by one of the Delegates, in 1775." By whom this was furnished, or whence obtained, does not appear. Mr. Austin, in his Life of Gerry, inserts it in a note to page 188, vol. i., with the intimation of his belief that it was made by John Adams. If genuine, the ownership probably lies between him, Patrick Henry, Richard Henry Lee, and Edward Rutledge, as there were no other eloquent men on that side of the question in this Congress. The difficulties are, that it has too much rhetoric for Mr. Adams, too much learning for Patrick and conquests, their infinite contempt of all the power of America, with an insolent, arbitrary Scotch faction, with a Bute and Henry, and too much vigor for R. H. Lee, whilst its political tone is too high for Rutledge. With these comments, the reader will be left to form his own opinion from the perusal. FRAGMENT OF A SPEECH MADE IN THE GENERAL CONGRESS OF AMERICA, BY ONE OF THE DELEGATES IN 1775. "The great God, sir, who is the searcher of all things, will witness for me, that I have spoken to you from the bottom and purity of my heart. We have heard that this is an arduous consideration. And surely, sir, we have considered it earnestly. I may think of every gentleman here, as I know of myself, that, for seven years past, this question has filled the day with anxious thought, and the night with care. The God to whom we appeal must judge us. If the grievances, of which we complain, did not come upon us unprovoked and unexpected, when our hearts were filled with respectful affection for our parent state, and with loyalty to our King, let slavery, the worst of human ills, be our portion. Nothing less than seven years of insulted complaints and reiterated wrongs could have shaken such rooted sentiments. Unhappily for us, submission and slavery are the same; and we have only the melancholy alternative left—of ruin or resistance. "The last petition * of this Congress to the King contained all that our unhappy situation could suggest. It represented our grievances, implored redress, and professed our readiness to contribute for the general want, to the utmost of our abilities, when constitutionally required. "The apparently gracious reception it met with, promised us a due consideration of it, and that consideration relief. But, alas !`sir, it seems at that moment the very reverse was intended. For it now appears, that in a very few days after this specious answer to our agents, a circular letter was privately written by the same Secretary of State to the Governors of the Colonies, before Parliament had been consulted, pronouncing the Congress illegal, our grievances pretended, and vainly commanding them to prevent our meeting again. Perhaps, sir, the ministers of a great nation never before committed an act of such narrow policy and treacherous duplicity. They found Parliament, however, prepared to support every one of their measures. "I forbear, sir, entering into a detail of those acts, which, from their atrociousness, must be felt and remembered forever. They are calculated to carry fire and sword, famine and desolation, through these flourishing Colonies. They 'cry, Havoc, and let slip the dogs of war.' The extremes of rage and revenge, against the worst of enemies, could not dictate measures more desperate and destructive. "There are some people who tremble at the approach of war. They fear that it must put an inevitable stop to the further progress of these Colonies, and ruin irretrievably those benefits which the industry of centuries has called forth from this once savage land. I may commend the anxiety of these men, without praising their judgment. "War, like other evils, is often wholesome. The waters that stagnate, corrupt. The storm that works the ocean into rage, renders it salutary. Heaven has given us nothing unmixed. The rose is not without the thorn. War calls forth the great virtues and efforts which would sleep in the gentle bosom of peace. Paulùm sepuliæ distat inertiæ Celata virtus.' In 1774, presented last Christmas. Mansfield at their head for a ministry, we might depend upon it, would force us to call forth every energy and resource of the country, to seek the friendship of England's enemies, and we had no rational hope, but from the Ratio ultima regum et rerumpublicarum. These efforts could not be made without govern It opens resources which would be concealed under the inactivity of tranquil times. It rouses and enlightens. It produces a people of animation, energy, adventure, and greatness. Let us consult history. Did not the Grecian republics prosper amid continual warfare? Their prosperity, their power, their splendor, grew from the all-animating spirit of war. Did not the cottages of shepherds rise into imperial Rome, the mistress of the world, the nurse of heroes, the delight of gods! through the invigorating operation of unceasing wars? 'Per damna, per cædes, ab ipso Ducit opes animumque ferro.' How often has Flanders been the theatre of contending powers, conflicting hosts, and blood! Yet what country is more flourishing and fertile? Trace back the history of our parent state. Whether you view her arraying Angles against Danes; Danes against Saxons; Saxons against Normans; the Barons against the usurping Princes, or the civil wars of the red and white roses, or that between the people and the tyrant Stuart, you see her in a state of almost continual warfare. In almost every reign, to the commencement of that of Henry VII., her peaceful bosom (in her poet's phrase) was gored with It was in the peaceful reigns of Henry VII, Henry VIII., and Charles II., that she suffered the severest extremities of tyranny and oppression. But, amid her civil contentions, she flourished and grew strong. Trained in them, she sent her hardy legions forth, which planted the standard of England upon the battlements of Paris, extending her commerce and her dominion. iron war. Those noble English, who could entertain All out of work, and cold for action.' "The beautiful fabric of her constitutional liberty was reared and cemented in blood. From this fulness of her strength those scions issued, which, taking deep root in this delightful land, have reared their heads and spread abroad their branches like the cedars of Lebanon. Why fear we then to pursue, through apparent evil, real good? The war, upon which we are to enter, is just and necessary. Justum est bellum, ubi necessarium; et pia arma, quibus nulla, nisi in armis, relinquitur spes.' It is to protect these regions, brought to such beauty through the infinite toil and hazard of our fathers and ourselves, from becoming the prey of that more desolating, cruel spoiler than war, pestilence, or famine - absolute rule and endless extortion. "Our sufferings have been great, our endurance long. Every effort of patience, complaint, and supplication, has been exhausted. They seem only to have hardened the hearts of the ministers who oppress us, and double our distresses. Let us, therefore, consult only how we shall defend our liberties with dignity and success. Our parent state will then think us worthy of her, when she sees that with her liberty we inherit her rigid resolution of maintaining it against all invaders. Let us give her reason to pride herself in the relationship. And thou, great Liberty! inspire our souls, ment, and as I supposed no man would think of consolidating this vast continent under one national government, we should probably, after the example of the Greeks, the Dutch, and the Swiss, form a confederacy of States, each of which must have a separate government. That the case of Massachusetts was the most urgent, but that it could not be long before every other Colony must follow her example. That with a view to this subject, I had looked into the ancient and modern confederacies for examples, but they all appeared to me to have been huddled up in a hurry, by a few chiefs. But we had a people of more intelligence, curiosity, and enterprise, who must be all consulted, and we must realize the theories of the wisest writers, and invite the people to erect the whole building with their own hands, upon the broadest foundation. That this could be done only by conventions of representatives chosen by the people in the several colonies, in the most exact proportions. That it was my opinion that Congress ought now to recommend to the people of every Colony to call such conventions immediately, and set up governments of their own, under their own authority; for the people were the source of all authority and original of all power. These were new, strange, and terrible doctrines to the greatest part of the members, but not a very small number heard them with apparent pleasure, and none more than Mr. John Rutledge, of South Carolina, and Mr. John Sullivan, of New Hampshire. Congress, however, ordered the letter to lie on the table for further consideration. On Saturday, June 3d, the letter from the convention of the Massachusetts Bay, dated the 16th of May, being again read, the subject was again discussed, and then, "Resolved, That a committee of five persons be chosen, to consider the same, and report what in their opinion is the proper advice to be given to that Convention." The following persons were chosen by ballot, to compose that committee, namely, Mr. J. Rutledge, Mr. Johnson, Mr. Jay, Mr. Wilson, and Mr. Lee. These gentlemen had several conferences with the delegates from our State, in the course of which, I suppose, the hint was suggested, that they adopted in their report. On Wednesday, June 7th, "On motion, Resolved, That Thursday, the 20th of July next, be observed throughout the twelve United Colonies as a day of humiliation, fasting, and prayer; and that Mr. Hooper, Mr. J. Adams, and Mr. Paine, be a committee to bring in a resolve for that purpose. "The committee appointed to prepare advice, in answer to the letter from the Convention of Massachusetts Bay, brought in their report, which was read and ordered to lie on the table for consideration. "On Friday, June 9th, the report of the committee on the letter from the Convention of Massachusetts Bay being again read, the Congress came into the following resolution. "Resolved, That no obedience being due to the Act of Parliament for altering the charter of the Colony of Massachusetts Bay, nor to a Governor or LieutenantGovernor who will not observe the directions of, but endeavor to subvert, that charter, the Governor and Lieutenant-Governor of that Colony are to be considered as absent, and their offices vacant; and as there is no Council there, and the inconveniences arising from the suspension of the powers of government are intolerable, especially at a time when General Gage hath actually levied war, and is carrying on hostilities against his Majesty's peaceable and loyal subjects of that Colony; that, in order to conform as near as may be to the spirit and substance of the charter, it be recommended to the Provincial Convention to write letters to the inhabitants of the several places, which are entitled to representation in Assembly, requesting them to choose such representatives, and that the Assembly when chosen do elect Counsellors; and that such assembly or Council exercise the powers of government, until a Governor of His Majesty's appointment will consent to govern the Colony according to its charter. "Ordered, That the President transmit a copy of the above to the Convention of Massachusetts Bay." Although this advice was in a great degree conformable to the New York and Pennsylvania system, or in other words, to the system of Mr. Dickinson and Mr. Duane, I thought it an acquisition, for it was a precedent of advice to the separate States to institute governments, and I doubted not we should soon have more occasions to follow this example. Mr. John Rutledge and Mr. Sullivan had frequent conversations with me upon this subject. Mr. Rutledge asked me my opinion of a proper form of government for a State, I answered him that any form that our people would consent to institute, would be better than none, even if they placed all power in a house of representatives, and they should appoint governors and judges; but I hoped they would be wiser, and preserve the English Constitution in its spirit and substance, as far as the circumstances of this country required or would admit. That no hereditary B |