The Life of George Washington, Vol. 1 (of 5)
J >> John Marshall >> The Life of George Washington, Vol. 1 (of 5)Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30
Fortunately for those who were still to be tried, the legislature,
convened under the new charter, created a regular tribunal for the
trial of criminal as well as civil cases, and the court of
commissioners rose to sit no more. The first session of the regular
court for the trial of criminal cases was to be held in January, and
this delay was favourable to reflection and to the recovery of the
public reason. Other causes contributed to this event. There remained
yet in the various prisons of the colony, a vast number of women, many
of whom were of the most reputable families in the towns in which they
had resided. Allusion had been made to many others of the first rank,
and some had been expressly named by the bewitched and confessing
witches. A Mr. Bradstreet, who had been appointed one of the council,
and was son to the old governor of that name; but who as a justice of
the peace was suspected of not prosecuting with sufficient rigour, was
named by the witnesses as a confederate, and found it necessary to
abscond. The governor's lady it is said, and the wife of one of the
ministers who had favoured this persecution, were among the accused;
and a charge was also brought against the secretary of the colony of
Connecticut.
Although the violence of the torrent of prejudice was beginning to
abate, yet the grand jury in January, found a true bill against fifty
persons, but of those brought to trial, only three were condemned, and
they were not executed. All those who were not tried in January, were
discharged by order of the governor, "and never," says Mr. Hutchinson,
"has such a jail delivery been known in New England. And never was
there given a more melancholy proof of the degree of depravity of
which man is capable when the public passions countenance crime."
* * * * *
NOTE--No. II.--_See Page 291._
The PLAN of the Union was as follows, viz.
"It is proposed that humble application be made for an act of
parliament of Great Britain, by virtue of which one general government
may be formed in America, including all the said colonies:
[Massachusetts Bay, New Hampshire, Connecticut, Rhode Island, New
York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina,
and South Carolina] within and under which government, each colony may
retain its present constitution, except in the particulars wherein a
change may be directed by the said act, as hereafter follows:
PRESIDENT GENERAL AND GRAND COUNCIL.
That the said general government be administered by a president
general, to be appointed and supported by the crown, and a grand
council, to be chosen by the representatives of the people of the
several colonies, met in their assemblies.
ELECTION OF MEMBERS.
That within -- months after passing such act, the houses of
representatives that happen to be sitting within that time, or that
shall be especially for that purpose convened, may and shall choose
members for the grand council in the following proportion, that is to
say:
Massachusetts Bay 7
New Hampshire 2
Connecticut 5
Rhode Island 2
New York 4
New Jersey 3
Pennsylvania 6
Maryland 4
Virginia 7
North Carolina 4
South Carolina 4
--
48
PLACE OF FIRST MEETING.
Who shall meet for the first time at the city of Philadelphia, in
Pennsylvania, being called by the president general as soon as
conveniently may be after his appointment.
NEW ELECTION.
That there shall be a new election of the members of the grand council
every three years; and on the death or resignation of any member, his
place shall be supplied by a new choice, at the next sitting of the
assembly of the colony he represented.
PROPORTION OF THE MEMBERS AFTER THE FIRST THREE YEARS.
That after the first three years, when the proportion of money arising
out of each colony to the general treasury can be known, the number of
members to be chosen for each colony shall, from time to time, in all
ensuing elections, be regulated by that proportion (yet so as that the
number to be chosen by any one province be not more than seven, nor
less than two).
MEETINGS OF THE GRAND COUNCIL AND CALL.
That the grand council shall meet once in every year, and oftener, if
occasion require, at such time and place as they shall adjourn to at
the last preceding meeting, or as they shall be called to meet at by
the president general, on any emergency; he having first obtained in
writing the consent of seven of the members to such call, and sent due
and timely notice to the whole.
CONTINUANCE.
That the grand council have power to choose their speaker: and shall
neither be dissolved, prorogued, nor continued sitting longer than six
weeks at one time; without their own consent, or the special command
of the crown.
MEMBERS ATTENDANCE.
That the members of the grand council shall be allowed for their
services, ten shillings sterling per diem, during their session and
journey to and from the place of meeting; twenty miles to be reckoned
a day's journey.
ASSENT OF PRESIDENT GENERAL AND HIS DUTY.
That the assent of the president general be requisite to all acts of
the grand council; and that it be his office and duty to cause them to
be carried into execution.
POWER OF PRESIDENT GENERAL AND GRAND COUNCIL, TREATIES OF PEACE AND
WAR.
That the president general, with the advice of the grand council, hold
or direct all Indian treaties in which the general interest of the
colonies may be concerned; and make peace or declare war with Indian
nations.
INDIAN TRADE.
That they make such laws as they judge necessary for regulating all
Indian trade.
INDIAN PURCHASES.
That they make all purchases from the Indians for the crown, of lands
not now within the bounds of particular colonies, or that shall not be
within their bounds, when some of them are reduced to more convenient
dimensions.
NEW SETTLEMENTS.
That they make new settlements on such purchases by granting lands in
the king's name, reserving a quit rent to the crown, for the use of
the general treasury.
LAWS TO GOVERN THEM.
That they make laws for regulating and governing such new settlements,
until the crown shall think fit to form them into particular
governments.
RAISE SOLDIERS AND EQUIP VESSELS, &C.
That they raise and pay soldiers, build forts for the defence of any
of the colonies, and equip vessels of force to guard the coasts and
protect the trade on the ocean, lakes, or great rivers; but they shall
not impress men in any colony, without the consent of the legislature.
POWER TO MAKE LAWS, LAY DUTIES, &C.
That for these purposes they have power to make laws, and lay and levy
such general duties, imposts, or taxes, as to them shall appear most
equal and just, (considering the ability and other circumstances of
the inhabitants in the several colonies) and such may be collected
with the least inconvenience to the people; rather discouraging
luxury, than loading industry with unnecessary burdens.
GENERAL TREASURER AND PARTICULAR TREASURER.
That they may appoint a general treasurer and particular treasurer in
each government, when necessary; and from time to time may order the
sums in the treasuries of each government into the general treasury,
or draw on them for special payments, as they find most convenient.
MONEY, HOW TO ISSUE.
Yet no money to issue but by joint orders of the president general and
grand council, except where sums have been appropriated to particular
purposes, and the president general has been previously empowered by
an act to draw for such sums.
ACCOUNTS.
That the general accounts shall be yearly settled, and reported to the
several assemblies.
QUORUM.
That a quorum of the grand council, empowered to act with the
president general, do consist of twenty-five members; among whom there
shall be one or more from the majority of the colonies.
LAWS TO BE TRANSMITTED.
That the laws made by them for the purposes aforesaid, shall not be
repugnant, but, as near as may be, agreeable to the laws of England,
and shall be transmitted to the king in council, for approbation, as
soon as may be after their passing; and if not disapproved within
three years after presentation, to remain in force.
DEATH OF THE PRESIDENT GENERAL.
That in case of the death of the president general, the speaker of the
grand council for the time being shall succeed, and be vested with the
same powers and authorities, to continue until the king's pleasure be
known.
OFFICERS, HOW APPOINTED.
That all military commission officers, whether for land or sea
service, to act under this general constitution, shall be nominated by
the president general; but the approbation of the grand council is to
be obtained, before they receive their commissions. And all civil
officers are to be nominated by the grand council, and to receive the
president general's approbation before they officiate.
VACANCIES, HOW SUPPLIED.
But in case of vacancy, by death, or removal of any officer, civil or
military, under this constitution, the governor of the province in
which such vacancy happens, may appoint until the pleasure of the
president general and grand council can be known.
EACH COLONY MAY DEFEND ITSELF ON EMERGENCY, &C.
That the particular military as well as civil establishments in each
colony remain in their present state, the general constitution
notwithstanding; and that on sudden emergencies any colony may defend
itself, and lay the accounts of expense thence arising before the
president general and grand council, who may allow and order payment
of the same as far as they judge such accounts reasonable."
_Minot._
* * * * *
NOTE--No. III.--_See Page 370._
These being the first resolutions of any assembly after the passage of
the stamp act, they are inserted.
_Whereas_, The honourable house of commons in England have of late
drawn into question how far the general assembly of this colony hath
power to enact laws for laying taxes and imposing duties payable by
the people of this his majesty's most ancient colony, for settling and
ascertaining the same to all future times, the house of Burgesses of
the present general assembly have come to the several following
resolutions.
_Resolved_, That the first adventurers and settlers of this his
majesty's colony and dominion of Virginia, brought with them, and
transmitted to their posterity, and all others his majesty's subjects
since inhabiting in this his majesty's colony, all the privileges and
immunities that have at any time been held, enjoyed, and possessed by
the people of Great Britain.
_Resolved_, That by two royal charters granted by King James I. the
colonies aforesaid are declared entitled to all the privileges of
denizens, and natural born subjects, to all intents and purposes as if
they had been abiding and born within the realm of England.
_Resolved_, That the taxation of the people by themselves, or by
persons chosen by themselves, to represent them, who can only know
what taxes the people are able to bear, and the easiest mode of
raising them, and are equally affected by such taxes themselves, is
the distinguished characteristic of British freedom, and without which
the ancient constitution cannot subsist.
_Resolved_, That his majesty's liege people of this most ancient
colony have uninterruptedly enjoyed the right of being thus governed
by their own assembly in the article of their taxes and internal
police, and that the same hath never been forfeited nor any other way
yielded up, but hath been constantly recognised by the King and people
of Great Britain.
_Resolved_, Therefore, that the general assembly of this colony have
the sole power to lay taxes and impositions upon the inhabitants of
this colony; and that every attempt to vest such a power in any person
or persons whatsoever, other than the general assembly aforesaid, has
a manifest tendency to destroy British as well as American freedom.
* * * * *
NOTE--No. IV.--_See Page 371._
"The members of this congress, sincerely devoted with the warmest
sentiments of affection and duty, to his majesty's person and
government, inviolably attached to the present happy establishment of
the protestant succession, and with minds deeply impressed by a sense
of the present and impending misfortunes of the British colonies on
this continent; having considered, as maturely as time will permit,
the circumstances of the said colonies, esteem it our indispensable
duty to make the following declarations of our humble opinion,
respecting the most essential rights and liberties of the colonists,
and of the grievances under which they labour, by reason of several
late acts of parliament.
I. That his majesty's subjects in these colonies, owe the same
allegiance to the crown of Great Britain that is owing from his
subjects born within the realm, and all due subordination to that
august body the parliament of Great Britain.
II. That his majesty's liege subjects in these colonies, are entitled
to all the inherent rights and liberties of his natural born subjects,
within the kingdom of Great Britain.
III. That it is inseparably essential to the freedom of a people, and
the undoubted right of Englishmen, that no taxes be imposed on them,
but with their own consent, given personally, or by their
representatives.
IV. That the people of these colonies are not, and, from their local
circumstances, cannot be represented in the house of commons of Great
Britain.
V. That the only representatives of these colonies are persons chosen
therein by themselves, and that no taxes ever have been, or can be
constitutionally imposed upon them, but by their respective
legislatures.
VI. That all supplies to the crown being free gifts from the people,
it is unreasonable, and inconsistent with the principles and spirit of
the British constitution, for the people of Great Britain to grant to
his majesty the property of the colonists.
VII. That trial by jury is the inherent and invaluable right of every
British subject in these colonies.
VIII. That the late act of parliament entitled, 'an act for granting
and applying certain stamp duties, and other duties, in the British
colonies and plantations in America,' &c. by imposing taxes on the
inhabitants of these colonies; and the said act, and several other
acts, by extending the jurisdiction of the courts of admiralty beyond
its ancient limits, have a manifest tendency to subvert the rights and
liberties of the colonists.
IX. That the duties imposed by several late acts of parliament, from
the peculiar circumstances of these colonies, will be extremely
burdensome and grievous; and from the scarcity of specie, the payment
of them absolutely impracticable.
X. That as the profits of the trade of these colonies ultimately
centre in Great Britain, to pay for the manufactures which they are
obliged to take from thence, they eventually contribute very largely
to all supplies granted to the crown.
XI. That the restrictions imposed by several late acts of parliament
on the trade of these colonies, will render them unable to purchase
the manufactures of Great Britain.
XII. That the increase, prosperity, and happiness of these colonies
depend on the full and free enjoyment of their rights and liberties,
and an intercourse with Great Britain mutually affectionate and
advantageous.
XIII. That it is the right of the British subjects in these colonies
to petition the king, or either house of parliament.
XIV. That it is the indispensable duty of these colonies, to the best
of sovereigns, to the mother country, and to themselves, to endeavour,
by a loyal and dutiful address to his majesty, and humble applications
to both houses of parliament, to procure the repeal of the act for
granting and applying certain stamp duties, of all clauses of any
other acts of parliament, whereby the jurisdiction of the admiralty is
extended as aforesaid, and of the other late acts for the restriction
of American commerce."
_Prior Documents._
* * * * *
NOTE--No. V.--_See Page 383._
_Province of Massachusetts Bay, Feb. 11, 1768._
Sir,
The house of representatives of this province have taken into their
consideration the great difficulties that must accrue to themselves
and their constituents, by the operation of the several acts of
parliament imposing duties and taxes on the American colonies.
As it is a subject in which every colony is deeply interested, they
have no reason to doubt but your house is duly impressed with its
importance: and that such constitutional measures will be come into as
are proper. It seems to be necessary, that all possible care should be
taken that the representations of the several assemblies, upon so
delicate a point, should harmonise with each other: the house,
therefore, hope that this letter will be candidly considered in no
other light, than as expressing a disposition freely to communicate
their mind to a sister colony, upon a common concern, in the same
manner as they would be glad to receive the sentiments of your or any
other house of assembly on the continent.
The house have humbly represented to the ministry their own
sentiments; that his majesty's high court of parliament is the supreme
legislative power over the whole empire: that in all free states the
constitution is fixed: and, as the supreme legislative derives its
power and authority from the constitution, it cannot overleap the
bounds of it, without destroying its foundation; that the constitution
ascertains and limits both sovereignty and allegiance; and therefore,
his majesty's American subjects who acknowledge themselves bound by
the ties of allegiance, have an equitable claim to the full enjoyment
of the fundamental rules of the British constitution; that it is an
essential unalterable right in nature, ingrafted into the British
constitution as a fundamental law, and ever held sacred and
irrevocable by the subjects within the realm, that what a man hath
honestly acquired is absolutely his own, which he may freely give, but
cannot be taken from him without his consent; that the American
subjects may therefore, exclusive of any consideration of charter
rights, with a decent firmness adapted to the character of freemen and
subjects, assert this natural and constitutional right.
It is moreover their humble opinion, which they express with the
greatest deference to the wisdom of the parliament, that the acts made
there, imposing duties on the people of this province, with the sole
and express purpose of raising a revenue, are infringements of their
natural and constitutional rights; because as they are not represented
in the British parliament, his majesty's commons in Britain by those
acts grant their property without their consent.
This house further are of opinion, that their constituents,
considering their local circumstances, cannot by any possibility be
represented in the parliament; and that it will forever be
impracticable that they should be equally represented there, and
consequently not at all, being separated by an ocean of a thousand
leagues: that his majesty's royal predecessors, for this reason, were
graciously pleased to form a subordinate legislative here, that their
subjects might enjoy the unalienable right of a representation. Also,
that, considering the utter impracticability of their ever being fully
and equally represented in parliament, and the great expense that must
unavoidably attend even a partial representation there, this house
think, that a taxation of their constituents, even without their
consent, grievous as it is, would be preferable to any representation
that could be admitted for them there.
Upon these principles, and also considering that were the right in the
parliament ever so clear, yet for obvious reasons it would be beyond
the rule of equity, that their constituents should be taxed on the
manufactures of Great Britain here, in addition to the duties they pay
for them in England, and other advantages arising to Great Britain
from the acts of trade; this house have preferred a humble, dutiful,
and loyal petition to our most gracious sovereign, and made such
representation to his majesty's ministers, as they apprehend would
tend to obtain redress.
They have also submitted to consideration, whether any people can be
said to enjoy any degree of freedom, if the crown, in addition to its
undoubted authority of constituting a governor, should appoint him
such a stipend as it shall judge proper without the consent of the
people, and at their expense; and whether, while the judges of the
land, and other civil officers, hold not their commissions during good
behaviour, their having salaries appointed for them by the crown,
independent of the people, hath not a tendency to subvert the
principles of equity, and endanger the happiness and security of the
subject.
In addition to these measures, the house have written a letter to
their agent Mr. de Berdt, the sentiments of which he is directed to
lay before the ministry; wherein they take notice of the hardship of
the act for preventing mutiny and desertion, which requires the
governor and council to provide enumerated articles for the king's
marching troops and the people to pay the expense: and also the
commission of the gentlemen appointed commissioners of the customs to
reside in America, which authorises them to make as many appointments
as they think fit, and to pay the appointees what sums they please,
for whose malconduct they are not accountable: from whence it may
happen, that officers of the crown may be multiplied to such a degree,
as to become dangerous to the liberties of the people, by virtue of a
commission which doth not appear to this house to derive any such
advantages to trade as many have been led to expect.
These are the sentiments and proceedings of the house, and as they
have too much reason to believe that the enemies of the colonies have
represented them to his majesty's ministers and the parliament as
factious, disloyal, and having a disposition to make themselves
independent of the mother country, they have taken occasion in the
most humble terms, to assure his majesty and his ministers, that, with
regard to the people of this province, and, as they doubt not, of all
the colonies, the charge is unjust.
The house is fully satisfied, that your assembly is too generous and
enlarged in sentiment to believe, that this letter proceeds from an
ambition of taking the lead, or dictating to the other assemblies;
they freely submit their opinion to the judgment of others; and shall
take it kind in your house to point out to them anything further that
may be thought necessary.
This house cannot conclude without expressing their firm confidence in
the king, our common head and father, that the united and dutiful
supplications of his distressed American subjects will meet with his
royal and favourable acceptance.
* * * * *
NOTE--No. VI.--_See Page 410._
_An account of the origin of these committees, and of their mode of
proceeding, is thus given by Mr. Gordon, and is not unworthy of
attention._
"Governor Hutchinson and his adherents having been used to represent
the party in opposition, as only an uneasy factious few in Boston,
while the body of the people were quite contented; Mr. Samuel Adams
was thereby induced to visit Mr. James Warren, of Plymouth. After
conversing upon the subject, the latter proposed to originate and
establish committees of correspondence in the several towns of the
colony, in order to learn the strength of the friends to the rights of
the continent, and to unite and increase their force. Mr. Samuel Adams
returned to Boston, pleased with the proposal, and communicated the
same to his confidents. Some doubted whether the measure would
prosper, and dreaded a disappointment which might injure the cause of
liberty. But it was concluded to proceed. The prime managers were
about six in number, each of whom, when separate, headed a division;
the several individuals of which, collected and led distinct
subdivisions. In this manner the political engine has been
constructed. The different parts are not equally good and operative.
Like other bodies, its composition includes numbers who act
mechanically, as they are pressed this way or that way by those who
judge for them; and divers of the wicked, fitted for evil practices,
when the adoption of them is thought necessary to particular purposes,
and a part of whose creed it is, that in political matters the public
good is above every other consideration, and that all rules of
morality when in competition with it, may be safely dispensed with.
When any important transaction is to be brought forward, it is
thoroughly considered by the prime managers. If they approve, each
communicates it to his own division; from thence, if adopted, it
passes to the several subdivisions, which form a general meeting in
order to canvass the business. The prime managers being known only by
few to be the promoters of it, are desired to be present at the
debate, that they may give their opinion when it closes. If they
observe that the collected body is in general strongly against the
measure they wish to have carried, they declare it to be improper: is
it opposed by great numbers, but not warmly, they advise to a
re-consideration at another meeting, and prepare for its being then
adopted; if the opposition is not considerable, either in number or
weight of persons, they give their reasons, and then recommend the
adoption of the measure. The principal actors are determined on
securing the liberties of their country, or perishing in the attempt.