ings teach that the basis of property disregards the equal liberty of all, that the basis of population would "puzzle the brain of a philosopher," while to him the basis of taxed lands seems least objectionable; at all events, he concludes, and in the conclusion. reflects the striking conservatism of the time, that "a government is not erected for a day or a year, and, for that very reason, should be erected upon some invariable principles." The ratio of representation is taken up, and in this the writer repeats the extreme demand of the defenders of local rights in asserting the propriety and the right of every incorporated town to make annual choice of a member of the House of Representatives. This position he weakens only with the rather elastic suggestion that power be given to the General Assembly to grant larger representation to the more populous places.

In the author's time, and with his fellowmen, the most attractive as well as, provincially, the most important parts of government were the representative elements. The defence of one's rights as a voter, and the consideration of the broadening mass of political questions and rights arising from the possession of the suffrage, furnish their leading themes of thought and talk; various and abundant are the proposals relative to government by popularly elected representatives acting as legislators; and it is but characteristic of the time that the most systematic portion of the pamphlet in question is the series of distinct sections treating of these salient points of representative government. In the course of these the writer expresses what has been handed down most commonly from the mouth of another, when he suggests annual elections in all cases. He would, furthermore, extend this elective power of the people even to the choice at large, in town meetings, of judges of the Superior Court, as well as to the election by the counties of such officers as registers, judges of probate, and judges of the inferior courts. He is consistent in his liberality, even if still extreme, when he allows the franchise to every "orderly free male of ordinary capacity," twenty-one years of age, and of one year's residence in the town of voting; to this he suggests the qualifying addition that a year's absence from a town shall not entail disfranchisement if the person possesses in the town real estate valued at £100. To the possession of the franchise on such generous terms he would add the right to hold office, "unless something that has been said to the contrary;" but he opposes without qualification dual office-holding, therein touching but slightly on a question that was promptly to become one of importance. His vigorous expression on office-holding is rounded out by

the sentiment that would refuse admission of any one to office, unless he "professes a belief of one only invisible God, that governs all things; and that the bible is his revealed word; and that he be also an honest moral man."

Later development of detail is foreshadowed in the suggestion of the publication of the Assembly's resolutions, and in the proposal to establish one "general proxy day" for the whole state. The early evolution of the important elements of representative government is typified by the author's allusion to the Assembly's power to act upon the credentials of its members, and by the attention he gives to the propriety of ascertaining the vestment of the power to entertain and act upon complaints against executive officers, a rude attempt at an impeachment process. The text does not lack indications of the author's familiarity with the accepted theorizing of his time; the later triple division of government, for instance, appears here, in a treatise bearing upon the executive and legislative departments, in his allusion to the desirability of a strict demarcation between executive and legislative functions. By such, and other, points of practice and theory, the writer of this pamphlet shows himself to have been a leader of thought even in the times of such political progress; his work in appearance was slight, but in essence it was profound. He preceded Parsons by two years, and began the propagandist education which the so-called Essex Result more elaborately and more perfectly continued, and which was crystallized by John Adams in more enduring form in the Massachusetts Constitution

of 1780.

HARRY A. CUSHING.

1

DOCUMENTS

[Under this head it is proposed to print in each issue a few documents of historical importance, hitherto unprinted. It is intended that the documents shall be printed with verbal and literal exactness, and that an exact statement be made of the present place of deposit of the document and, in the case of archives and libraries, of the volume and page or catologue number by which the document is designated. Contributions of important documents, thus authenticated, will be welcomed.]

1. Diary of Richard Smith in the Continental Congress,

1775-1776.

THE following pages comprise the first half of a diary kept in 1775 and 1776 by the Hon. Richard Smith, delegate from New Jersey to the Continental Congress. The diary extends continuously from September 12 to October 1, 1775, and from December 12, 1775, to March 30, 1776. The second half will be printed in the next number of the REVIEW. The original manuscript is in the possession of Mr. Smith's great-grandson, J. F. Coad, Esq., of Charlotte Hall, Md., by whose kindness the REVIEW is permitted to print this daily record of events in Congress during a most interesting and important period.

Richard Smith was born at Burlington, N. J., March 22, 1735, of a Quaker family distinguished in the annals of the colony. He was a younger brother of Samuel Smith, treasurer and secretary of the council and historian of New Jersey. He was bred as a lawyer, and in or about 1762 was chosen recorder of the city of Burlington. For his correspondence with Tobias Smollett in 1763, see the Atlantic Monthly, Vol. III. Mr. Smith married Elizabeth, daughter of Hon. John Rodman of New Bedford. He was for many years clerk to the House of Representatives in New Jersey. He was appointed a deputy from that State to the first Continental Congress, and on February 14, 1776, the Provincial Congress reelected him for one year; but he resigned on March 30, for reasons indicated at the conclusion of his diary. His brother Samuel dying in this year, Richard was on October 17 appointed treasurer of the State of New Jersey. He resigned March 7, 1777, and retired to his country seat, called Bramham Hall. With other members of the Smith family he purchased a large tract of land on Otsego Lake, New York, and built there a handsome mansion

Mr.

called Smith Hall, in which he lived from 1790 to 1799, when he removed to Philadelphia. While on a tour through the Mississippi valley, he died of a fever at Natchez on September 17, 1803. Smith was an honest, amiable, well-read, and cultivated man. Smith Hall, afterwards called Otsego Hall, was the early home of Fenimore Cooper, whose father, originally agent for the Smiths, acquired the property from them.

Of the items of information contained in this diary, but a small portion is to be found in the printed Journals of the Continental Congress. Two other published diaries relate to the same period. in the history of Congress, that of John Adams, printed, with his autobiography and some notes of debates, in his collected Writings, and that of Samuel Ward, published in Vol. I. of the Magazine of American History. But Smith's diary is much ampler than Ward's, and has a value independent of that of Adams, by reason of the fact that it relates largely to periods during which Adams was absent from Congress. Its importance and interest are therefore very considerable. Passages in Bancroft's History of the United States, Vol. VIII. (1860), pp. 313, 315, show that Mr. Bancroft had seen the diary. It is printed without abbreviation. The text here given has been collated with that of the original manuscript. The manuscript shows, by various indications, that it was copied, at some time later, but not much later, than April, 1776, from daily notes which had been taken in Philadelphia.

Tuesday 12 September 1775. I attended at Congress for the first Time since the Adjornment. M Hancock having a Touch of the Gout there was no President in the Chair. The Colonies of New Hampshire and N Carolina absent as also sundry Members from other Colonies. D Franklin read several Letters recieved today by Cap! Falkner from London and informed the Members that he had some Bales of Household Goods on Board of Falkner, desiring the Congress's Leave to land them. no Objection to it only Willing and John Rutledge thought it irregular to do Business without a President and it was referred. Mr Gadsden and others moved for an Adjornment to 10 Tomorrow, which was complyed with. 3 of the Georgia Delegates were present with M! Peyton Randolph and the new Delegates from Virginia, their Credentials not yet delivered, and little Business hitherto done this session.

Wednesday 13 M President (Hancock) in the Chair. The Credentials of the Georgia, Virginia, and Maryland Delegates were read and accepted without any Objection. the Marylanders were the same as at the last Session. An Order was made that the Penns Delegates shall send off to Gen. Washington under a proper Guard, the remainder of his Money amounting in the whole to 700,000 Dollars, and they were at the same Time to send the Cloathing for Two Regiments lately seized at Philad".

T

Duane and Rob. R. Livingston came today from the Indian Treaty at Albany. another Treaty is about to be held at Pittsburg. Dr Franklins Goods allowed to be landed. a great Number of Letters and Papers were read, some from Gen. Washington giving a particular State of his Army they want Powder and Money- some from Gen. Schuyler stating his Situation; others from Col. Lewis Morris and Ja Wilson Dated at Fort Pitt recommending an Expedition ag! Detroit to be conducted by Col. Arthur St Clair others from Gov. Trumbull and sundry more.

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Thursday 14 Sept. Letters read from Gen. Schuyler and others. Col. Francis sent the Journal of the late Indian Treaty at Albany to the Congress which was read. several Members from Virginia, Maryland, Jersey, N York and Connecticut added to the Penns Delegates appointed last Session to settle Accounts. The Georgia Delegates laid the Proceedings of their Provincial Convention before us cont'g a Petition to the King, another to certain Resolves and other Matters, and motioned for Leave to sell the Cargoes of Two Ships which were shipped without Knowledge of their Agreement of Non Import", and motioned also for Exportation of certain Articles under certain Limitations. these Motions were opposed by Chase and J. Adams and supported by Nelson, Houstoun and Dr. Zubley, the latter out of Humor with Chase. the Consideration of it was put off till Tomorrow. the proposed Expedition to Detroit canvassed and disagreed to and various other Matters.

Friday 15 Sept: Debates upon Indian Commissioners for the Middle Department Henry and Franklin being unable to attend at Pittsburg. Col. Lewis Morris and D! Thos. Walker appointed to attend there Hac Vice. then the Affair of the Two Cargoes at Georgia referred from Yesterday, was largely agitated and in the End a Resolution drawn by Jay took place importing that the cargoes should be sold and the Proffits if any put into the Hands of the Georgia Convention or Come of Safety to be applied in Defence of the Province. an incidental Matter took up some Time viz, Whether M Nelson should vote for Virginia he being the only Delegate present and whether any lesser Number than the Quorum shall represent any Colony. Mr. Nelson waved his Question, and the other went off without a Determination (since that Time no Colony votes without the Quorum present as limited by their Colony, some authorize 3. some 2 some one Delegate to give a Vote). Two of the Georgia Delegates are possessed of Homespun Suits of Cloaths, an Adornment few other Members can boast of, besides my Bro! Crane and myself.

Saturday 16 Sep the greater Part of the Time lost in considering Whether One Officer in our Army may be allowed to hold Two Commis

it was postponed, this was on read'g Gen. Washingtons Letters, other Parts of his Letters gone into and some small Matters settled.

Monday 18. Motion to appoint a Come to procure 500 Ton of Gunpowder from abroad, together with 10,000 Stand of Arms 20,000 Gun Locks &c with power to draw on the Continental Treasury for the Amount, was carried by Vote, the Payment in Produce was opposed and the further