nevertheless subject to change, and which, every secret enemy is endeavouring to dissolve. Our present condition, is, Legislation without law; wisdom without a plan; a constitution without a name; and, what is strangely astonishing, perfect Independance, contending for dependance. The instance is without a precedent; the case never existed before; and who can tell what may be the event? The property of no man is secure in the present unbraced system of things. The mind of the multitude is left at random, and seeing no fixed object before them, they pursue such as fancy or opinion starts. Nothing is criminal; there is no such thing as treason; wherefore, every one thinks himself at liberty to act as he pleases. The Tories would not have dared to assemble offensively, had they known that their lives, by that act, were forfeited to the laws of the state. A line of distinction should be drawn, between English soldiers taken in battle, and inhabitants of America taken in arms. The first are prisoners, but the latter traitors. The one forfeits his liberty, the other his head. . . .

Put us, say some, upon the footing we were on in sixty-three. . . . To be on the footing of sixty-three, it is not sufficient, that the laws only be put on the same state, but that our circumstances, likewise be put on the same state; our burnt and destroyed towns repaired or built up, our private losses made good, our public debts (contracted for defence) discharged; otherwise we shall be millions worse than we were at that enviable period. Such a request, had it been complied with a year ago, would have won the heart and soul of the Continent, but now it is too late. "The Rubicon is passed."

Besides, the taking up arms, merely to enforce the repeal of a pecun iary law, seems as unwarrantable by the divine law, and as repugnant to human feelings, as the taking up arms to enforce the obedience thereto. The object, on either side, doth not justify the means; for the lives of men are too valuable, to be cast away on such trifles, It is the violence which is done and threatened to our persons; the destruction of our property by an armed force; the invasion of our country by fire and sword, which conscientiously qualifies the use of arms: And the instant, in which such a mode of defence became necessary, all subjection to Britain ought to have ceased; and the independancy of America, should have been considered, as dating its æra from, and published by, the first musket that was fired against her. This line is a line of consistency; neither drawn by caprice, nor extended by ambition; but produced by a chain of events, of which the colonies were not the authors.

I shall conclude these remarks, with the following timely and well intended hint. We ought to reflect, that there are three different ways, by which an independancy may hereafter be effected; and that one of those three, will one day or other, be the fate of America, viz. By the legal voice of the people in Congress; by a military power; or by a mob: It may not always happen that our soldiers are citizens, and the multitude a body of reasonable men; vertue, as I have already remarked, is not hereditary, neither is it perpetual. Should an independancy be brought about by the first of those means, we have every opportunity and every encouragement before us, to form the noblest purest constitution on the face of the earth. We have it in our power to begin the world over again. A situation, similar to the present, hath not happened since the days of Noah until now. The birth day of a new world is at hand, and a race of men, perhaps as numerous as all Europe contains, are to receive their portion of freedom from the event of a few months. The reflection is awful and in this point of view, how trifling, how ridiculous, do the little paltry cavillings, of a few weak or interested men appear, when weighed against the business of a world. . . .

...

In short, Independance is the only BOND that can tye and keep us together. We shall then see our object, and our ears will be legally shut against the schemes of an intriguing, as well as a cruel enemy. We shall then too be on a proper footing to treat with Britain; for there is reason to conclude, that the pride of that court will be less hurt by treating with the American states for terms of peace, than with those she denominates "rebellious subjects," for terms of accommodation. It is our delaying it that encourages her to hope for conquest, and our backwardness tends only to prolong the war. As we have, without any good effect therefrom, withheld our trade to obtain a redress of our grievances, let us now try the alternative, by independantly redressing them ourselves, and then offering to open the trade. The mercantile and reasonable part in England will be still with us; because, peace with trade, is preferable to war without it. And if this offer is not accepted, other courts may be applied to. On these grounds I rest the matter. And as no

offer hath yet been made to refute the doctrine contained in the former editions of this pamphlet, it is a negative proof, that either the doctrine. cannot be refuted, or, that the party in favour of it are too numerous to be opposed. Wherefore, instead of gazing at each other with suspicious or doubtful curiosity, let each of us hold out to his neighbour the hearty hand of friendship, and unite in drawing a line, which, like an act of

oblivion, shall bury in forgetfulness every former dissention. Let the names of Whig and Tory be extinct; and let none other be heard among us, than those of a good citizen, an open and resolute friend, and a virtuous supporter of the rights of mankind and of the free and independant states of America.

[Thomas Paine], Appendix to Common Sense; appended to Common Sense: addressed to the Inhabitants of America. . . . Written by an Englishman (Philadelphia, 1776), 66-71 passim.

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187. Difficulties in Framing a State Constitution

(1776)

BY CHAIRMAN MESHECH WEARE, SECRETARY E. THOMPSON, AND

OTHERS

New Hampshire was the first colony to draw up a constitution. This piece illustrates the foundation of the system of formal state constitutions. - Bibliography: Winsor, Narrative and Critical History, VI, 268–274; Channing and Hart, Guide, § 143Compare with earlier colonial governments, Part III above.

W

In Congress, at Exeter, January 5, 1776.

7E, the Members of the Congress of the Colony of New-Hampshire, chosen and appointed by the free suffrages of the people of said Colony, and authorized and empowered by them to meet together, and use such means, and pursue such measures, as we should judge best for the publick good; and, in particular, to establish some form of Government, provided that measure should be recommended by the Continental Congress; and a recommendation to that purpose having been transmitted to us, from the said Congress, have taken into our serious consideration the unhappy circumstances into which this Colony is involved, by means of many grievous and oppressive acts of the British Parliament, depriving us of our native and constitutional rights and privileges; to enforce obedience to which acts, a powerful fleet and army have been sent into this country by the Ministry of Great Britain, who have exercised a wanton and cruel abuse of their power, in destroying the lives and properties of the Colonists, in many places with fire and sword, taking the ships and lading from many of the honest and industrious inhabitants of this Colony employed in commerce, agreeable to the laws and customs a long time used here.

The sudden and abrupt departure of his Excellency John Wentworth, Esq., our late Governour, and several of the Council, leaving us destitute of Legislation; and no Executive Courts being open to punish criminal offenders, whereby the lives and properties of the honest people of this Colony, are liable to the machinations and evil designs of wicked men : Therefore, for the preservation of peace and good order, and for the security of the lives and properties of the inhabitants of this Colony, we conceive ourselves reduced to the necessity of establishing a form of Government, to continue during the present unhappy and unnatural contest with Great Britain; protesting and declaring that we never sought to throw off our dependance upon Great Britain, but felt ourselves happy under her protection, while we could enjoy our constitutional rights and privileges, and that we shall rejoice if such a reconciliation between us and our parent state, can be effected as shall be approved by the Continental Congress, in whose prudence and wisdom we confide.

Accordingly, pursuant to the trust reposed in us, we do

Resolve, That this Congress assume the name, power, and authority of a House of Representatives or Assembly, for the Colony of NewHampshire. And that said House then proceed to choose twelve persons, being reputable freeholders and inhabitants within this Colony, in the following manner, viz: Five in the County of Rockingham; two in the County of Strafford; two in the County of Hillsborough; two in the County of Cheshire; and one in the County of Grafton, to be a distinct and separate branch of the Legislature, by the name of a Council for this Colony, to continue as such until the third Wednesday in December next; any seven of whom to be a quorum to do business.

That such Council appoint their President; and in his absence, that the senior Counsellor preside.

That a Secretary be appointed by both Branches, who may be a Counsellor, or otherwise, as they shall choose.

That no act or resolve be valid, and put into execution, unless agreed to and passed by both branches of the Legislature.

That all publick officers for the said Colony, and each County, for the current year, be appointed by the Council and Assembly, except the several Clerks of the Executive Courts, who shall be appointed by the Justices of the respective Courts.

That all Bills, Resolves, or Votes for raising, levying, and collecting Money, originate in the House of Representatives.

That at any sessions of the Council and Assembly, neither Branch shall adjourn for any longer time than from Saturday till the next Monday, without consent of the other.

And it is further Resolved, That if the present unhappy dispute with Great Britain should continue longer than this present year, and the Continental Congress give no instructions or directions to the contrary, the Council be chosen by the people of each respective County, in such manner as the Council and House of Representatives shall order.

That General and Field-Officers of the Militia, on any vacancy, be appointed by the two Houses, and all inferior Officers be chosen by the respective Companies.

That all Officers of the Army be appointed by the two Houses, except they should direct otherwise, in case of any emergency.

That all Civil Officers for the Colony, and for each County, be appointed, and the time of their continuance in office be determined by the two Houses, except Clerks of Courts, and County Treasurers, and Recorders of Deeds.

That a Treasurer, and a Recorder of Deeds, for each County, be annually chosen by the people of each County respectively; the votes for such officers to be returned to the respective Courts of General Sessions of the Peace in the County, there to be ascertained as the Council and Assembly shall hereafter direct.

That Precepts, in the name of the Council and Assembly, signed by the President of the Council, and the Speaker of the House of Representatives, shall issue, annually, at or before the first day of November, for the choice of a Council and House of Representatives, to be returned by the third Wednesday in December, then next ensuing, in such manner as the Council and Assembly shall hereafter prescribe.

A true copy.

Attest:

E. THOMPSON, Secretary.

We, the subscribers, chosen by the people of several Towns in the Colony of New-Hampshire, to represent them in the Congress of said Colony, held at Exeter, on the 21st day of December, 1775, beg leave to enter and dissent to, and protest against the present plan of taking up Government, for the following reasons:

First. That the vote of the Continental Congress countenancing the same, was obtained by the unwearied importunity (both within doors. and without) of our Delegates there, as appears by their letter.