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 catalogue number by which the document is designated. Contributions of important documents, thus authenticated, will be welcomed.]

1. Draft of an Address of the Continental Congress to the People of the United States, 1776.

THIS Address to the Inhabitants of the United Colonies is one of the way-marks on the road to independence, although it has not till now had attention drawn to it. The movement that gave rise to its preparation was started by James Wilson, who shared with Dickinson the leadership of the conservative element in Pennsylvania and in Congress. On the 9th of January, 1776, — when Common Sense had just made its appearance, - Wilson proposed that Congress make some answer to the recently delivered speech of the King in which the rebellious colonists were charged with aiming at independence, (Diary of Richard Smith, January 9.) He doubtless thought that an address to the people, telling what Congress had done and what it had in contemplation, would tend to mould opinion, particularly in Pennsylvania, where the extre mists were carrying things with a high hand, and that it would serve to inspire wavering minds with enthusiasm for the cause.

Wilson had a strong following in Congress, but, mainly through the exertions of the New England delegates, led by Samuel Adams, he failed to carry his point on that day. Two weeks later, however, he was successful, and the predominance of the conservative element in Congress is shown by the election, on January 24, of Dickinson, Wilson, Hooper, Duane, and Alexander as the committee to draw up the Address. Richard Smith tells us (Diary, January 24) that debate on the motion to elect this committee lasted the entire day and that they were instructed to draft just such an address as is given below. "Much," adds he, "was said about Independence and the Mode and Propriety of stating

our Dependence on the King." The committee made their report to Congress on February 13, and it is entirely in the handwriting of Wilson. The Journal of Congress states that it was then tabled; and it was never again brought forward for consideration. Its spirit, in spite of the not uncertain ring of the last paragraph, was too tame to meet with general approval.

That the majority in Congress was able to bring about the election of the conservative committee just mentioned, indicates the strength at that time of those opposed to a declaration of independence. Not less interesting is the fact that the aggressive minority, favoring independence, was able, after unsuccessfully opposing the election of the committee, to win over within three weeks sufficient votes to prevent the consideration and the adoption of the Address. While Congress was not yet ready to decide in favor of independence, it was, however, unwilling to adopt any measure that might stand in the way of so doing when the opportune time should arrive. To publish this Address just as the ports were about being opened to trade and when the equipment of privateers was soon to be authorized, would have been inconsistent in the extreme, and as it could serve no good purpose, it was suppressed.

Wilson believed, with many others, that, having no instructions to favor independence, he had to do his best to steer a middle course. The importance attached to instructions is exemplified in his address to the citizens of Pennsylvania, published in the Pennsylvania Packet of October 17, 1780. He maintains that he was not an enemy to independence, but that he "early foresaw it could not but be the ultimate end. When the measure began to be an object of contemplation in Congress, the Delegates of Pennsylvania were expressly restricted from consenting to it; my uniform language in Congress was that I never would vote for it contrary to my instructions: I went farther, and declared, that I never would vote for it without your authority; and was I to be blamed? Should this act have been the act of four or five individuals? Or should it have been yours? It would have been the highest presumption in your Delegates to have taken a step of such immense importance without your sanction." He adds that, when the conference of committees on June 24 changed the instructions received from the Assembly, he spoke and voted for independence, and he rightfully states that his voice was necessary to carry the vote of Pennsylvania in favor of independence.

The importance of the steps in the preparation of this Address lies chiefly in showing how the more radical spirits in Congress by

sheer aggressiveness beat down their opponents and won converts to their views.

HERBERT FRIEDENWALD.

[Reports of Committees on Increasing Powers of Congress, Recommendations, Fasts, & N° 24. pp. 219-232, 217.]

To the Inhabitants of the Colonies of New Hampshire, Massachusets Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, the Counties of New Castle Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, from their Delegates in Congress

Friends and Countrymen

History, we believe, cannot furnish an Example of a Trust, higher and more important than that, which we have received from your Hands. It comprehends in it every Thing that can rouse the Attention and interest the Passion of a People, who will not reflect Disgrace upon their Ancestors, nor degrade themselves, nor transmit Infamy to their Descendants. It is committed to us at a Time when every Thing dear and valuable to such a People is in imminent Danger. This Danger arises from those, whom we have been accustomed to consider as our Friends; who really were so, while they continued friendly to themselves; and who will again be so, whenever they shall return to a just sense of their own Interests. The Calamities, which threaten us, would be attended with the total Loss of those Constitutions, formed upon the venerable Model of British Liberty, which have been long our Pride and Felicity. To avert those Calamities we are under the disagreeable Necessity of making temporary Deviations from those Constitutions.

Such is the Trust reposed in us. Much does it import you and us, that it be executed with Skill and with Fidelity. That we have discharged it with Fidelity, we enjoy the Testimony of a good Conscience. How far we have discharged it with Skill must be determined by you, who are our Principals and Judges, to whom we esteem it our Duty to render an Account of our Conduct. To enable you to judge of it, as we would wish you to do, it is necessary that you should be made acquainted with the Situation, in which your Affairs have been placed; the Principles, on which we have acted; and the Ends, which we have kept and still keep in

View.

That all Power was originally in the People—that all the Powers of Government are derived from them- that all Power, which they have not disposed of, still continues theirs—are Maxims of the English Constitution, which, we presume, will not be disputed. The Share of Power, which the King derives from the People, or, in other Words, the Prerogative of the Crown, is well known and precisely ascertained: It is the same in Great

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Britain and in the Colonies. The Share of Power, which the House of Commons derives from the People, is likewise well known. The Manner in which it is conveyed is by Election. But the House of Commons is not elected by the Colonists; and, therefore, from them that Body can derive no Authority.

Besides; the Powers, which the House of Commons receives from its Constituents, are entrusted by the Colonies to their Assemblies in the several Provinces. Those Assemblies have Authority to propose and assent to Laws for the Government of their Electors, in the same Manner as the House of Commons has Authority to propose and assent to Laws for the Government of the Inhabitants of Great Britain. Now the same collective Body cannot delegate the same Powers to distinct representative Bodies. The undeniable Result is, that the House of Commons neither has nor can have any Power derived from the Inhabitants of these Colonies.

In the Instance of imposing Taxes, this Doctrine is clear and familiar : It is true and just in every other Instance. If it would be incongruous and absurd, that the same Property should be liable to be taxed by two Bodies independent of each other; would less Incongruity and Absurdity ensue, if the same Offence were to be subjected to different and perhaps inconsistent Punishments? Suppose the Punishment directed by the Laws of one Body to be Death, and that directed by those of the other Body to be Banishment for Life; how could both Punishments be inflicted?

Though the Crown possesses the same Prerogative over the Colonies, which it possesses over the Inhabitants of Great Britain: Though the Colonists delegate to their Assemblies the same Powers, which our FellowSubjects in Britain delegate to the House of Commons: Yet by some inexplicable Mystery in Politics, which is the Foundation of the odious System that we have so much Reason to deplore, additional Powers over you are ascribed to the Crown, as a Branch of the British Legislature: And the House of Commons a Body which acts Solely by derivative Authority —is supposed entitled to exert over you an Authority, which you cannot give, and which it cannot receive.

The Sentence of universal Slavery gone forth against you is; that the British Parliament have Power to Make Laws, WITHOUT YOUR COnsent, binding you in ALL Cases whatever. Your Fortunes- your Liberties — your Reputations — your Lives - every Thing that can render you and your Posterity happy-all are the Objects of the Laws: All must be enjoyed, impaired or destroyed as the Laws direct. And are you the Wretches, who have Nothing that you can or ought to call your own? Were all the rich Blessings of Nature - all the Bounties of indulgent Providence poured upon you, not for your own Use; but for the Use of those, upon whom neither Nature nor Providence hath bestowed Qualities or Advantages superior to yours?

From this Root of Bitterness numerous are the Branches of Oppression that have sprung. Your most undoubted and highest-priz'd Rights have been invaded. Heavy and unnecessary Burthens have been imposed on

you: Your Interests have been neglected, and sometimes wantonly sacrificed to the Interests, and even to the Caprice of others. When you felt

for your Enemies have not yet made any Laws to divest you of feeling - Uneasiness under your Greivances, and expressed it in the natural Tone of Complaint; your Murmurs were considered and treated as the Language of Faction, and your Uneasiness was ascribed to a restive Disposition, impatient of Controul.

In Proportion, however, as your Oppressions were multiplied and increased, your Opposition to them became firm and vigourous. Remonstrances succeeded Petitions: A Resolution, carried into Effect, not to import Goods from Great Britain succeeded both. The Acts of Parliament then complained of were, in Part, repealed. Your Good-Humour and unsuspicious Fondness returned. Short- alas! too short- was the Season allowed for indulging them. The former System of Rigour was renewed.

The Colonies, wearied with presenting fruitless Supplications and Petitions separately; or prevented, by arbitrary and abrupt Dissolutions of their Assemblies, from using even those fruitless Expedients for Redress, determined to join their Counsels and their Efforts. Many of the Injuries flowing from the unconstitutional and ill-advised Acts of the British Legislature affected all the Provinces equally; and even in those Cases, in which the Injuries were confined, by the Acts, to one or to a few, the Principles, on which they were made extended to all. If common Rights, common Interests, common Dangers and common Sufferings are Principles of Union, what could be more natural than the Union of the Colonies?

Delegates, authorised by the several Provinces from Nova Scotia to Georgia to represent them and act in their Behalf, met in GENERAL CONGRESS.

It has been objected, that this Measure was unknown to the Constitution; that the Congress was, of Consequence, an illegal Body; and that its Proceedings could not, in any Manner, be recognized by the Government of Britain. To those, who offer this Objection, and have attempted to vindicate, by its supposed Validity, the Neglect and Contempt, with which the Petition of that Congress to his Majesty was treated by the Ministry, we beg Leave, in our Turn, to propose, that they would explain the Principles of the Constitution, which warranted the Assembly of the Barons at RUNNINGMEDE when MAGNA CHARTA was signed, the Convention-Parliament that recalled Charles 2a and the Convention of Lords and Commons that placed King William on the Throne. When they shall have done this we shall, perhaps, be able to apply their Principles to prove the necessity and Propriety of a Congress.

But the Objections of those, who have done so much and aimed so much against the Liberties of America, are not confined to the Meeting and the Authority of the Congress: They are urged with equal Warmth against the Views and Inclinations of those who composed it. We are told, in the Name of Majesty itself, that the Authors and Promoters of

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