powers ever had existed in America, nor would they, or ought they to be introduced or proposed; but that I hoped the three branches of a legislature would be preserved, an executive, independent of the senate or council, and the house, and above all things, the independence of the judges. Mr. Sullivan was fully agreed with me in the necessity of instituting governments, and he seconded me very handsomely in supporting the argument in Congress. Mr. Samuel Adams was with us in the opinion of the necessity, and was industrious in conversation with the members out of doors, but he very rarely spoke much in Congress, and he was perfectly unsettled in any plan to be recommended to a State, always inclining to the most democratical forms, and even to a single sovereign assembly, until his constituents afterwards in Boston compelled him to vote for three branches. Mr. Cushing was also for one sovereign assembly, and Mr. Paine was silent and reserved upon the subject, at least

to me.

Not long after this, Mr. John Rutledge returned to South Carolina, and Mr. Sullivan went with General Washington to Cambridge, so that I lost two of my able coadjutors. But we soon found the benefit of their coöperation at a distance.

On Wednesday, October 18th, the delegates from New Hampshire laid before the Congress a part of the instructions delivered to them by their Colony, in these words:

"We would have you immediately use your utmost endeavors to obtain the advice and direction of the Congress, with respect to a method for our administering justice, and regulating our civil police. We press you not to delay this matter, as its being done speedily will probably prevent the greatest confusion among us."

This instruction might have been obtained by Mr. Langdon, or Mr. Whipple, but I always supposed it was General Sullivan who suggested the measure, because he left Congress with a stronger impression upon his mind of the importance of it, than I ever observed in either of the others. Be this, however, as it may have been, I embraced with joy the opportunity of haranguing on the subject at large, and of urging Congress to resolve on a general recommendation to all the States to call conventions and institute regular governments. I reasoned from various topics, many of which, perhaps, I could not now recollect. Some I remember; as,

1. The danger to the morals of the people from the present loose state of things, and general relaxation of laws and government through the Union.

2. The danger of insurrections in some of the most disaffected parts of the Colonies, in favor of the enemy, or as they called them, the mother country, an expression that I thought it high time to erase out of our language.

3. Communications and intercourse with the enemy, from various parts of the continent could not be wholly prevented, while any of the powers of government remained in the hands. of the King's servants.

4. It could not well be considered as a crime to communicate intelligence, or to act as spies or guides to the enemy, without assuming all the powers of government.

5. The people of America would never consider our Union as complete, but our friends would always suspect divisions among us, and our enemies who were scattered in larger or smaller numbers, not only in every State and city, but in every village through the whole Union, would forever represent Congress as divided and ready to break to pieces, and in this way would intimidate and discourage multitudes of our people who wished us well.

6. The absurdity of carrying on war against a king, when so many persons were daily taking oaths and affirmations of allegiance to him.

7. We could not expect that our friends in Great Britain would believe us united and in earnest, or exert themselves very strenuously in our favor, while we acted such a wavering, hesitating part.

8. Foreign nations, particularly France and Spain, would not think us worthy of their attention while we appeared to be deceived by such fallacious hopes of redress of grievances, of pardon for our offences, and of reconciliation with our enemies.

9. We could not command the natural resources of our own country. We could not establish manufactories of arms, cannon, saltpetre, powder, ships, &c., without the powers of government; and all these and many other preparations ought to be going on in every State or Colony, if you will, in the country. Although the opposition was still inveterate, many members of Congress began to hear me with more patience, and some

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began to ask me civil questions. "How can the people institute governments?" My answer was, By conventions of representatives, freely, fairly, and proportionably chosen." "When the convention has fabricated a government, or a constitution rather, how do we know the people will submit to it?" "If there is any doubt of that, the convention may send out their project of a constitution, to the people in their several towns, counties, or districts, and the people may make the acceptance of it their own act.” "But the people know nothing about constitutions." "I believe you are much mistaken in that supposition; if you are not, they will not oppose a plan prepared by their own chosen friends; but I believe that in every considerable portion of the people, there will be found some men, who will understand the subject as well as their representatives, and these will assist in enlightening the rest.” "But what plan of a government would you advise?" "A plan as nearly resembling the government under which we were born, and have lived, as the circumstances of the country will admit. Kings we never had among us. Nobles we never had. Nothing hereditary ever existed in the country; nor will the country require or admit of any such thing. But governors and councils we have always had, as well as representatives. A legislature in three branches ought to be preserved, and independent judges." "Where and how will you get your governors and councils?" "By elections." "How, who shall elect?" "The representatives of the people in a convention will be the best qualified to contrive a mode."

After all these discussions and interrogatories, Congress was not prepared nor disposed to do any thing as yet. They must consider farther.

"Resolved, That the consideration of this matter be referred to Monday next. Monday arrived, and Tuesday and Wednesday passed over, and Congress not yet willing to do any thing.

On Thursday, October 26th, the subject was again brought on the carpet, and the same discussions repeated; for very little new was produced. After a long discussion, in which Mr. John Rutledge, Mr. Ward, Mr. Lee, Mr. Gadsden, Mr. Sherman, Mr. Dyer, and some others had spoken on the same side with me, Congress resolved, that a committee of five members be appointed to take into consideration the instructions given

to the delegates of New Hampshire, and report their opinion thereon. The members chosen, Mr. John Rutledge, Mr. J. Adams, Mr. Ward, Mr. Lee, and Mr. Sherman.

Although this committee was entirely composed of members as well disposed to encourage the enterprise as could have been found in Congress, yet they could not be brought to agree upon a report and to bring it forward in Congress, till Friday, November 3d, when Congress, taking into consideration the report of the committee on the New Hampshire instructions, after another long deliberation and debate,

"Resolved, That it be recommended to the Provincial Convention of New Hampshire, to call a full and free representation of the people, and that the representatives, if they think it necessary, establish such a form of government, as in their judgment will best produce the happiness of the people, and most effectually secure peace and good order in the Province, during the continuance of the present dispute between Great Britain and the Colonies.

By this time I mortally hated the words, "Province," "Colonies," and "Mother Country," and strove to get them out of the report. The last was indeed left out, but the other two were retained even by this committee, who were all as high Americans as any in the house, unless Mr. Gadsden should be excepted. Nevertheless, I thought this resolution a triumph, and a most important point gained.

Mr. John Rutledge was now completely with us in our desire of revolutionizing all the governments, and he brought forward immediately some representations from his own State, when "Congress, then taking into consideration the State of South Carolina, and sundry papers relative thereto being read and considered,

"Resolved, That a committee of five be appointed to take the same into consideration, and report what in their opinion is necessary to be done. The members chosen, Mr. Harrison, Mr. Bullock, Mr. Hooper, Mr. Chase, and Mr. S. Adams.

On November 4th,

"The committee appointed to take into consideration the State of South Carolina, brought in their report, which being read," a number of resolutions passed, the last of which will be found in page 235 of the Journals, at the bottom.

“Resolved, That if the Convention of South Carolina shall find it necessary to establish a form of government in that Colony, it be recommended to that Convention to call a full and free representation of the people, and that the said representatives, if they think it necessary, shall establish such a form of government as in their judgment will produce the happiness of the people, and most effectually secure peace and good order in the Colony, during the continuance of the present dispute between Great Britain and the Colonies.

Although Mr. John Rutledge united with me and others, in persuading the committee to report this resolution, and the distance of Carolina made it convenient to furnish them with this discretionary recommendation, I doubt whether Mr. Harrison or Mr. Hooper were, as yet, sufficiently advanced to agree to it. Mr. Bullock, Mr. Chase, and Mr. Samuel Adams, were very ready for it. When it was under consideration, I labored afresh to expunge the words "Colony," and " Colonies," and insert the words "State," and "States," and the word "dispute," to make way for that of "war," and the word " Colonies," for the word. "America," or "States," but the child was not yet weaned. I labored, also, to get the resolution enlarged, and extended into a recommendation to the people of all the States, to institute governments, and this occasioned more interrogatories from one part and another of the House. "What plan of government would you recommend?" &c. Here it would have been the most natural to have made a motion that Congress should appoint a committee to prepare a plan of government, to be reported to Congress and there discussed, paragraph by paragraph, and that which should be adopted should be recommended to all the States. But I dared not make such a motion, because I knew that if such a plan was adopted it would be, if not permanent, yet of long duration, and it would be extremely difficult to get rid of it. And I knew that every one of my friends, and all those who were the most zealous for assuming governments, had at that time no idea of any other government but a contemptible legislature in one assembly, with committees for executive magistrates and judges. These questions, therefore, I answered by sporting off hand a variety of short sketches of plans, which might be adopted by the conventions; and as this subject was brought into view in some way or other almost every day, and these interrogatories were frequently repeated, I had in my head and at my tongue's end as many projects of government as Mr. Burke says the Abbé Sieyes had in his pigeon-holes, not however, constructed at such length, nor labored with his metaphysical refinements. took care, however, always to bear my testimony against every plan of an unbalanced government.

I

I had read Harrington, Sidney, Hobbes, Nedham, and Locke, but with very little application to any particular views, till these