Mr. Gerry attended his duty that day in the provincial congress, then sitting in Watertown, and general Warren followed, where his duty called him, to the memorable heights of Bunker, where he fell a martyr in the cause of liberty.

In the month of July following, the irregular form of government which had existed for some time in Massachusetts was terminated, and in place of the provincial congress a regular legislature was chosen. Civil government now assumed a more settled and regular form in the province; and the patriotism and moral principles of the people induced them to render prompt obedience to the requisitions of the general assembly. It was not until several months after this time, however, that the courts of justice were organized, and proceeded to the ordinary business of that department of government. Among the other judicial appointments, we find that of Mr. Gerry, as a judge of the court of admiralty; a post of much distinction and emolument, and certainly highly honourable when conferred on a gentleman of his years. This post, however, he declined accepting, offering as a reason, his determination to devote himself to the more active duties which the exigencies of his country then demanded, and which his age and peculiar habits well enabled him to give.

The strength of this reason was appreciated by his fellow citizens, and the course he had pursued during the two years in which he had been engaged in the public service, had merited their approbation, and received their thanks. On a new election, on the eigh

teenth of January, 1776, for delegates to serve in the continental congress, then in session at Philadelphia, he was chosen in company with Hancock, the Adamses and Paine, and took his seat in that venerable body, on the ninth of February following. The instructions which were given at the time by the council of Massachusetts, strongly mark the increase of decided feelings in opposition to the British government, and seem to glance even at ultimate independence. They empowered their delegates, with those of the other American colonies, to concert, direct and order such farther measures, as shall to them appear best calculated for the establishment of right and liberty to the American colonies, upon a basis permanent and secure, against the power and art of the British administration, and guarded against any future encroachments of their enemies. During the spring of this year we find Mr. Gerry on several important committees; on the standing committee for superintending the treasury, certainly at that period the most laborious and important of all the duties of congress; on that for reporting the best ways and means of supplying the army in Canada with provisions and necessaries; on those appointed to inquire and report the best ways and means of raising the necessary supplies to defray the expenses of the war for the present year, over and above the emission of bills of credit; to devise the ways and means for raising ten millions of dollars; to repair to head quarters near New York, and inquire into the state of the army and the best means of supplying their wants; to form plans for the arrangement of the treasury depart

ment and the better conducting the executive business of congress, by boards composed of persons not members of that body; and on several others requiring great personal attention, resource and promptness in the transaction of business. He brought very pointedly before the house, the subject of regulating and restricting the sutlers who supplied the army; a class of men who, taking advantage of the necessities of the troops and the situation of the times, preyed upon the hard earned and uncertain gains of the soldiers. These, with various other acts equally honourable, among which we are to include the signature of the Declaration of Independence, distinguished the first term of Mr. Gerry's public service in congress, which closed with the year 1776.

Before this term, however, had expired, his fellow citizens, gratified with the course he had pursued, had again elected him, and looking forward with bolder views, had given him instructions in which the latent principles of those of the preceding year were fully developed. You are empowered, they say, with the delegates from the other American states, to concert, direct and order such farther measures, as shall to them appear best calculated for the establishment of right and liberty to the American states, upon a basis permanent and secure against the power and art of the British administration; for prosecuting the present war, concluding peace, contracting alliances, establishing commerce, and guarding against any future encroachments and machinations of their enemies; with power to adjourn to such

time and places, as shall appear most conducive to the public safety and advantage. With these credentials he took his seat in congress a second time, on the ninth of January, 1777, and resumed, or rather continued, the active duties of the preceding year. We find him a member of various committees; among others, those for arranging the plan of a general hospital; for introducing better discipline into the army; for regulating the commissary's department, a duty of great labour, which terminated in a long and elaborate report, yet found among the journals of congress. On the fifth of July, 1777, congress found it absolutely necessary to establish a body, with general powers in regard to the foreign commerce of the country, which had hitherto been distributed among various committees, or officers specially appointed. They resolved therefore that a new body, to be styled "the committee of commerce," should be appointed, to consist of five members; that this committee be vested with the powers granted to the secret committee, and that the members of the late secret committee be directed to settle and close their accounts, and transfer the balances to the committee of commerce. Of this body Mr. Gerry was a member; it was a post, indeed, for which his previous employments seemed peculiarly to adapt him. A few weeks after this appointment, he was suddenly called on to leave Philadelphia and repair to the main army under general Washington, where some difficulties had arisen from improper management in the department of the commissary; Mr. Livingston and Mr. Clymer were associated

with him, and congress vested them with full authority to make whatever provision the exigency and importance of the case might demand.

It would, however, be vain to attempt to trace Mr. Gerry through his various public employments whilst in congress. We have but little left even to point out what they were, and we must remain content with the few and imperfect accounts with which the journals supply us. In the disastrous autumn and winter of 1777, he followed the fortunes of congress, driven as it was from Philadelphia to Lancaster, and from Lancaster to Yorktown. He took part in the interesting debates which so long engaged the time of the house, in settling the articles of confederation between the different states, and exerted all his political and personal influence to effect a measure which the critical situation of the country would not allow longer to be delayed. He strongly opposed the plan, which was introduced about this time, of depriving the small states of their equal representation in congress, and allowing votes in proportion to population; he was too well aware that such a step was fraught with innumerable evils on the ground of policy, if no regard even was to be paid to the fair claims of equal and undisputed sovereignty. At a subsequent period of our history, when wise statesmen met to deliberate in peace, and with all the light of experience, this was a question of no trifling difficulty and delicacy; and it was at that time only to be arranged by mutual concession and good feeling. How absurd then would it have been, at that darkest period of our revolutionary

VOL. VIII.-D