to thomas adams1

—Not expecting to have the pleasure of seeing you again before you leave the country, I inclose you an order on the inspectors at Shockoe for two hhds of tobo. which I consign to you, and give you also the trouble of shipping as I am too far from the spot to do it myself. They are to be laid out in the purchase of the articles on the back hereof. You will observe that part of these articles (such as are licensed by the association) are to be sent at any event. Another part (being prohibited) are only to be sent if the tea act should be repealed before you get home; if it is not, you will observe a third class to be sent instead of those which are prohibited. I am not without expectation that the repeal may take place. I believe the parliament want nothing but a Edition: current; Page: [4] colorable motive to adopt this measure. The conduct of our brethren of New York affords them this. You will observe by my invoice that I have supposed my tobo. to clear me £50. sterl. per hhd; should it be less, dock the invoice of such articles as you think I may get in the country.—In consequence of your recommendation I wrote to Waller last June for £45 sterl. worth of books inclosing him a bill of exchange to that amount. Having written to Benson Pearson for another parcel of nearly the same amount, I directed him to purchase them also of Waller. I acquainted both of the necessity of my situation brought on by the unlucky loss of my library, and pressed them most earnestly to lose not a day in sending them; yet I have heard not a tittle from either gentlemen.—I mentioned to you that I had become one of several securities for a gentleman of my acquaintance lately engaged in trade. I hope and indeed hear he is doing very well; I would not therefore take any step to wound his credit; but as far as it can possibly be done without affecting that, I must beg you to have me secured. It can surely do no mischief to see that his remittances are placed to the credit of the money for which we stand engaged, and not of any new importations of goods made afterwards. I must rely entirely on your friendly assistance in the matter, which I assure you gives me concern, as should my friend prove unsuccessful, (and ill foe. may render any person unsuccessful,) it might sweep away the whole of my little fortune.—I must once more trouble you for my friend Ogilvie. The commissary promised to write Edition: current; Page: [5] in his favor to the bishop by Neeks. I did not see his letter, and with this gentleman I believe no farther than I see. I wrote by the same opportunity to Ogilvie and apprised him of the commissary’s engagement. Should your route to the ship be thro’ Wms.burgh I would trouble you to know whether he has in truth written or not. The inclosed letter to Ogilvie you will please to deliver with our most earnest advice that he lose not a day in coming over.—One farther favor and I am done; to search the Herald’s office for the arms of my family. I have what I have been told were the family arms, but on what authority I know not. It is possible there may be none. If so, I would with your assistance become a purchaser, having Sterne’s word for it that a coat of arms may be purchased as cheap as any other coat.—The things I have desired you to purchase for me I would beg you to hasten, particularly the Clavichord, which I have directed to be purchased in Hamburgh, because they are better made there, and much cheaper. Leave me a line before you go away with instructions how to direct to you.

to james ogilvie1

—I wrote you a line from Wmsburgh last October; but lest that may have miscarried I take this oppty of repeating what was material in that. On receipt of your letter (and, oh Edition: current; Page: [6] shame! of your only letter) of March 28, 1770, which came not to hand till August we took proper measures for prevailing on the commissary to withdraw his opposition. But lest you should be uneasy in your situation in the mean time I directed mr T. Adams by the means of his partners Perkins and Brown to let you know they would answer any calls from you. In this your friend mr Walker insisted on joining me. In October I transmitted to the commissary a certificate of your conduct in life, on which he promised to write in your favor by Neeks, and tho I did not see the letter I expect he did. By the same oppty I wrote to you inclosing a duplicate of the certificate of which you might avail yourself if the commissary should fail us again. About the same time I wrote from Wmsburgh to a gentleman of the vestry in Orange to secure for you a vacancy which had happened in that parish by the death of Martin. I have had no answer, but the parish is still vacant, which gives me hopes it is kept for you. Mr Maury incumbent in Fredericksville parish (of which I was when you were here) has a tempting offer from another quarter. I know not whether he will accept of it. If he should we shall do for you all that can be done in your absence. But for god’s sake let not that be a moment longer than is of absolute necessity. Your settlement here would make your friends happy, & I think would be agreeable to yourself. Your Dulcinea is in health. Her brother T. Strachan is settled with Y. Walker for life. Another reason for her and you to wish for a residence with us. He is wishing to take to himself a wife; and nothing obstructs Edition: current; Page: [7] it but the unfeeling temper of a parent who delays, perhaps refuses to approve her daughter’s choice. I too am in that way; and have still greater difficulties to encounter not from the forwardness of parents, nor perhaps want of feeling in the fair one, but from other causes as unpliable to my wishes as these. Since you left us I was unlucky enough to lose the house in which we lived, and in which all it’s contents were consumed. A very few books, two or three beds &c were with difficulty saved from the flames. I have lately removed to the mountain from whence this is dated, and with which you are not unacquainted. I have here but one room, which, like the cobblers, serves me for parlour for kitchen and hall. I may add, for bedchamber and study too. My friends sometimes take a temperate dinner with me and then retire to look for beds elsewhere. I have hope however of getting more elbow room this summer. But be this as may happen, whether my tenements be great or small, homely or elegant they will always receive you with a hearty welcome. If any thing should obstruct your setting out immediately for Virginia I would beg the favor of you to send the things I asked of you to purchase by some careful captain coming on James river. Such of them as were for my buildings, or for house keeping I am particularly in want of. Nothing material occurs relative to the health and fortunes of your friends here. They are well in both as far as I can recollect them. I conclude my epistle with every wish for your felicity which friendship can inspire. Adieu and believe me to be yours sincerely,

“inscription for an african slave”1

Shores there are, bless’d shores for us remain, And favor’d isles with golden fruitage crown’s Where tufted flow’rets paint the verdant plain, Where ev’ry breeze shall med’cine every wound. There the stern tyrant that embitters life, Shall vainly suppliant, spread his asking hand; There shall we view the billow’s raging strife, Aid the kind breast, and waft his boat to land.

agreement with john randolph2

It is agreed between John Randolph, Esq., of the city of Williamsburg, and Thomas Jefferson, of the County of Albemarle, that in case the said John shall survive the said Thomas, that the Exr’s or Adm’rs of the said Thomas shall deliver to the said John 800 pounds sterling of the books of the said Thomas, to be chosen by the said John or if not books sufficient, the deficiency to be made up in money: And in case the Edition: current; Page: [9] said Thomas should survive the said John, that the Executors of the said John shall deliver to the said Thomas the violin which the said John brought with him into Virginia, together with all his music composed for the violin, or in lieu thereof, if destroyed by any accident, 60 pounds sterling worth of books of the said John, to be chosen by the said Thomas. In witness thereof the said John and Thomas have hereunto subscribed their names and affixed their seals the day and year above written.

John Randolph (L. S.)

Th. Jefferson (L. S.)

Sealed and delivered in presence of:

G. Wythe,

Tho’s Everand,

P. Henry, Jr.

Will Drew,

Richard Starke,

Wm. Johnson,

Ja. Steptoe.

Virginia, S. S.

At the general court held at the capital on the 12th day of April, 1771, this agreement was acknowledged by John Randolph and Thomas Jefferson, parties thereto, and ordered to be recorded. Teste,

to inglis and long, merchants at portsmouth1

—Yours of the eighth of April I have received, & since that your favour of five pounds as Edition: current; Page: [10] counsel for Messrs. Cunningham & Nisbett at the suit of Jamieson & Taylor. Before we can regularly proceed to take any proofs in the cause it will be necessary for Messrs. Cunningham & Nisbett to send us their answer denying or admitting the several charges in the bill as far as their own knowledge enables them. For this purpose a copy of the bill should be transmitted them. The answer must be sworn to before some justice of the peace, & that he is such must be certified under the seal of their province. As soon as I shall receive the answer immediate care shall be taken to send a commission for the examination of any witnesses Messrs. Cunningham & Nisbett may choose to call on, with directions what matters it will most avail them to prove. This I shall be the better enabled to do when their answer shall have apprised me of the nature of their defence.

With respect to the part yourselves are to act, it will be very plain, as you are not concerned in interest. You must declare what effects of Cunningham & Nisbett you have in your hands, and submit them to the direction of the Court. If you will be pleased by way of letter to state these matters to me I will put them into the usual form of answers & return them to be sworn to. Any further instructions you may think proper to give in this matter shall be diligently attended to by Gent., your very hble servt,

to thomas adams1

—As it was somewhat doubtful when you left the country how far my little invoice delivered you might be complied with till we should know the fate of the association,2 I desired you to withhold purchasing the things till you should hear farther from me. The day appointed for the meeting of the associates is not yet arrived; however from the universal sense of those who are likely to attend, it seems reduced to a certainty that the restrictions will be taken off everything but the dutied articles. I will therefore venture to desire that branch of my invoice may be complied with in which were some shoes and other prohibited articles; since if contrary to our expectations the restrictions should be continued, I can store, or otherwise dispose of them as our committees please. I must alter one article in the invoice. I wrote therein for a Clavichord. I have since seen a Forte-piano and am charmed with it. Send me this instrument then instead of the Clavichord: let the case be of fine mahogany, solid, not veneered, the compass from Double G. to F. in alt, a plenty of spare strings; and the workmanship of the whole very handsome and worthy the acceptance of a lady for whom I intend it. I must add also ½ doz pr India cotton stockings for myself @ 10/ sterl pr pair, ½ doz pr best white silk do.; and a large umbrella with brass ribs, covered with green silk, and neatly finished. By this Edition: current; Page: [12] change of the Clavichord into a Forte-piano and addition of the other things, I shall be brought in debt to you, to discharge which I will ship you of the first tobacco I get to the warehouse in the fall. I expect by that time, and also from year to year afterwards, I must send you an invoice, with tobacco, somewhat enlarged, as I have it in prospect to become more regularly a pater-familias.—I desired the favor of you to procure me an architect. I must repeat the request earnestly, and that you will send him in as soon as you can.—I shall conclude with one petition: that you send me the articles contained in my invoice and written for above as soon as you receive this, as I suppose they may be bought ready made; and particularly the Forte-piano, for which I shall be very impatient. By this means I may get them in Octob., which will prevent my being obliged to purchase as I must do if they do not come in time.

to robert skipwith

I sat down with a design of executing your request to form a catalogue of books to the amount of about 50 lib. sterl. But could by no means satisfy myself with any partial choice I could make. Thinking therefore it might be as agreeable to you I have framed such a general collection as I think you would wish and might in time find convenient to procure. Out of this you will chuse for yourself to the amount you mentioned for the present year and Edition: current; Page: [13] may hereafter as shall be convenient proceed in completing the whole. A view of the second column in this catalogue would I suppose extort a smile from the face of gravity. Peace to its wisdom! Let me not awaken it. A little attention however to the nature of the human mind evinces that the entertainments of fiction are useful as well as pleasant. That they are pleasant when well written every person feels who reads. But wherein is its utility asks the reverend sage, big with the notion that nothing can be useful but the learned lumber of Greek and Roman reading with which his head is stored?

I answer, everything is useful which contributes to fix in the principles and practices of virtue. When any original act of charity or of gratitude, for instance, is presented either to our sight or imagination, we are deeply impressed with its beauty and feel a strong desire in ourselves of doing charitable and grateful acts also. On the contrary when we see or read of any atrocious deed, we are disgusted with it’s deformity, and conceive an abhorence of vice. Now every emotion of this kind is an exercise of our virtuous dispositions, and dispositions of the mind, like limbs of the body acquire strength by exercise. But exercise produces habit, and in the instance of which we speak the exercise being of the moral feelings produces a habit of thinking and acting virtuously. We never reflect whether the story we read be truth or fiction. If the painting be lively, and a tolerable picture of nature, we are thrown into a reverie, from which if we awaken it is the fault of the writer. I appeal to every reader of feeling and sentiment Edition: current; Page: [14] whether the fictitious murther of Duncan by Macbeth in Shakespeare does not excite in him as great a horror of villany, as the real one of Henry IV. by Ravaillac as related by Davila? And whether the fidelity of Nelson and generosity of Blandford in Marmontel do not dilate his breast and elevate his sentiments as much as any similar incident which real history can furnish? Does he not in fact feel himself a better man while reading them, and privately covenant to copy the fair example? We neither know nor care whether Lawrence Sterne really went to France, whether he was there accosted by the Franciscan, at first rebuked him unkindly, and then gave him a peace offering: or whether the whole be not fiction. In either case we equally are sorrowful at the rebuke, and secretly resolve we will never do so: we are pleased with the subsequent atonement, and view with emulation a soul candidly acknowleging it’s fault and making a just reparation. Considering history as a moral exercise, her lessons would be too infrequent if confined to real life. Of those recorded by historians few incidents have been attended with such circumstances as to excite in any high degree this sympathetic emotion of virtue. We are therefore wisely framed to be as warmly interested for a fictitious as for a real personage. The field of imagination is thus laid open to our use and lessons may be formed to illustrate and carry home to the heart every moral rule of life. Thus a lively and lasting sense of filial duty is more effectually impressed on the mind of a son or daughter by reading King Lear, than by all the dry volumes of ethics, and divinity Edition: current; Page: [15] that ever were written. This is my idea of well written Romance, of Tragedy, Comedy and Epic poetry.—If you are fond of speculation the books under the head of Criticism will afford you much pleasure. Of Politics and Trade I have given you a few only of the best books, as you would probably chuse to be not unacquainted with those commercial principles which bring wealth into our country, and the constitutional security we have for the enjoiment of that wealth. In Law I mention a few systematical books, as a knowledge of the minutiae of that science is not necessary for a private gentleman. In Religion History, Natural philosophy, I have followed the same plan in general,—But whence the necessity of this collection? Come to the new Rowanty, from which you may reach your hand to a library formed on a more extensive plan. Separated from each other but a few paces the possessions of each would be open to the other. A spring centrically situated might be the scene of every evening’s joy. There we should talk over the lessons of the day, or lose them in music, chess or the merriments of our family companions. The heart thus lightened our pillows would be soft, and health and long life would attend the happy scene. Come then and bring our dear Tibby with you, the first in your affections, and second in mine. Offer prayers for me too at that shrine to which tho’ absent I pray continual devotions.1 In every scheme of happiness she is placed in the foreground of the picture, as the principal figure. Take Edition: current; Page: [16] that away, and it is no picture for me. Bear my affections to Wintipock clothed in the warmest expressions of sincerity; and to yourself be every human felicity. Adieu.

to messrs. inglis and long, merchants at portsmouth1

—I have just received notice from Mr. Wythe that in the case of Jamieson and Taylor v. Meredith and others he will move at the next court to have the effects delivered in to the plaintiff’s hands. I have not yet had time to enquire whether such steps have been yet taken as will entitle him to do this. However it is better that your correspondents prevent it which cannot be done with certainty but by their sending in their answers in proper form before the next court. I am this moment leaving town having just taken time to inform you of this measure.

to chas. mcpherson1

—Encouraged by the small acquaintance which I had the pleasure of having contracted with you during your residence in this country, I take the liberty of making the present application to you. I understood you were related to the gentleman of your name (Mr. James McPherson), to whom the world is so much indebted for the elegant collection, arrangement, and translation of Ossian’s poems. These pieces have been and will, I think, during my life, continue to be to me the sources of daily pleasures. The tender and the sublime emotions of the mind were never before so wrought up by the human hand. I am not ashamed to own that I think this rude bard of the north the greatest poet that has ever existed. Merely for the pleasure of reading his works I am become desirous of learning the language in which he sung, and of possessing his songs in their original form. Mr. McPherson, I think, informs us he is possessed of the originals. Indeed, a gentleman has lately told me he had seen them in print; but I am afraid he has mistaken a specimen from Temora, annexed to some of the editions of the translation, for the whole works. If they are printed, it will abridge my request and your trouble, to the sending me a printed copy; but if there be more such my petition is, that you would be so good as to use your interest with Mr. McPherson to obtain leave to take a manuscript copy of them, and procure it to be done. I would choose it in a fair, round hand, on Edition: current; Page: [37] fine paper, with a good margin, bound in parchments as elegantly as possible, lettered on the back, and marbled or gilt on the edges of the leaves. I would not regard expense in doing this. I would further beg the favor of you to give me a catalogue of the books written in that language, and to send me such of them as may be necessary for learning it. These will, of course, include a grammar and dictionary. The cost of these, as well as the copy of Ossian, will be (for me), on demand, answered by Mr. Alexander McCaul, sometime of Virginia, merchant, but now of Glasgow, or by your friend Mr. Ninian Minzees, of Richmond, in Virginia, to whose care the books may be sent. You can, perhaps, tell me whether we may ever hope to see any more of those Celtic pieces published. Manuscript copies of any which are in print, it would at any time give me the greatest happiness to receive. The glow of one warm thought is to me worth more than money. I hear with pleasure from your friend that your path through life is likely to be smoothed by success. I wish the business and the pleasures of your situation would admit leisure now and then to scribble a line to one who wishes you every felicity, and would willingly merit the appellation of, dear sir, Your friend and humble servant.

to william fleming1

—You have before this heard and lamented the death of our good friend Carr.3 Some steps are necessary to be immediately taken on behalf of his clients. You practised in all his courts except Chesterfield and Albemarle. I shall think I cannot better serve them than by putting their papers into your hands if you will be so good as to take them. I once mentioned to you the court of Albemarle as worthy your attention. If you chuse now to go there I would get you to take his papers for that court also. They put you in possession of a valuable business. The king’s attorney’s place is vacant there, and might be worth your solliciting. If you think so you should dispatch an express for commission. Otherwise you may be prevented. Write me a line in answer to this and lodge it here within a week, as I shall about that time call here to take the law papers and put them into some channel. Your assistance in these matters will oblige, Dear Fleming your friend and humble serv’t.

advertisement in “virginia gazette”

On serious Consideration of the present state of our practice in the General Court we find it can no longer Edition: current; Page: [39] be continued on the same Terms. The Fees allowed by Law, if regularly paid, would barely compensate our incessant Labours, reimburse our expences and the losses incurred by Neglect of our private Affairs; yet even these Rewards, confessedly moderate, are withheld from us, in a great Proportion, by the unworthy Part of our Clients. Some regulation, therefore, is become absolutely requisite to establish Terms more equal between the Client and his Council. To effect this, we have come to the following Resolution, for the invariable Observance of which we mutually plight our Honour to each other: “That after the 10th day of October next we will not give an Opinion on any Case stated to us but on Payment of the whole Fee, nor prosecute or defend any Suit or Motion unless the Tax, and one half of the Fee, be previously advanced, excepting those Cases only where we choose to act gratis;” and we hope no person whatever may think of applying to us in any other Way. To prevent Disappointment, however, in Case this should be done, we think it proper to give this Warning, that no such Application, either verbal or by Way of Letter, will be answered to in the smallest Degree. We would feel much Concern if a Thought could be entertained that the worthy Part of our Clients could disapprove of this Measure. Their Conduct has been such as calls for our Acknowledgements and might merit exemption from this Strictness, were such Exemption practicable, but they will readily perceive this would defeat the Purpose, and that no distinction of Persons can by any means be attempted. We hope, therefore, from Edition: current; Page: [40] their Friendship, a cheerful concurrence in this Plan, since the Requisition is such only as their Punctuallity would of itself prevent.

advertisement in “virginia gazette”

To be sold.

Two Thousand five Hundred and twenty Acres of Land in Cumberland, commonly known by the Name of Saint James’s; one Thousand four Hundred and twenty Acres in the Counties of Goochland and Cumberland, on both Sides of James River, opposite to Elk Island; and one Thousand four Hundred and eighty Acres on Herring Creek, in Charles City County. The above Tracts of Land were of the Estate of the late John Wayles, deceased, devised to the Subscribers, and are now offered for Sale. Persons disposed to purchase may be informed of the Terms, on application to any of the Subscribers; and the Terms of Payment will be made easy, on giving bond and security to

advertisement in “virginia gazette”

To be sold.

Five Hundred and fifty Acres of Land in the County of Charles City, with a convenient Dwelling house and other Improvements.

Two Hundred and twenty Acres, in the same County, pleasantly situated on James River.

Two Thousand five Hundred and twenty Acres in the County of Cumberland, commonly known by the name of Saint James’s.

And one Thousand four Hundred and twenty-one Acres in the Counties of Goochland and Cumberland, on both sides of James River, opposite to Elk Island.

The above Tracts of Land were of the Estate of the late John Wayles, deceased, devised to the Subscribers, and are now offered for Sale. Persons disposed to purchase may be informed of the Terms, on application to any one of the Subscribers; and the Times of Payment will be made easy, on Bond and Security to

notice of fast1

To the Inhabitants of the parish of Saint Anne.

The members of the late house of Burgesses having taken into their consideration the dangers Edition: current; Page: [42] impending over British America from the hostile invasion of a sister colony, thought proper that it should be recommended to the several parishes in this colony that they set apart some convenient day for fasting, humiliation and prayer devoutly to implore the divine interposition in behalf of an injured and oppressed people; and that the minds of his majesty, his ministers, and parliament, might be inspired with wisdom from above, to avert from us the dangers which threaten our civil rights, and all the evils of civil war. We do therefore recommend to the inhabitants of the parish of Saint Anne that Saturday the 23d instant be by them set apart for the purpose aforesaid, on which day will be prayers and a sermon suited to the occasion by the reverend Mr. Clay at the new church on Hardware river, which place is thought the most centrical to the parishioners in General.

resolution of albemarle county2

At a Meeting of the Freeholders of the County of Albemarle, assembled in their collective body, at the Court House of the said County, on the 26th of July, 1774:

Resolved, That the inhabitants of the Several States of British America are subject to the laws which they adopted at their first settlement, and to such others as have been since made by their respective Legislatures, duly constituted and appointed with their own consent. That no other Legislature whatever can rightly exercise authority over them; and that these privileges they hold as the common rights of mankind, confirmed by the political constitutions they have respectively assumed, and also by several charters of compact from the Crown.

Resolved, That these their natural and legal rights have in frequent instances been invaded by the Parliament of Great Britain and particularly that they were so by an act lately passed to take away the trade of the inhabitants of the town of Boston, in the province of Massachusetts Bay; that all such assumptions of unlawful power are dangerous to the right of the British empire in general, and should be considered as its common cause, and that we will ever be ready to join with our fellow-subjects in every part of the same, in executing all those rightful powers which God has given us, for the re-establishment and guaranteeing such their constitutional rights, when, where, and by whomsoever invaded.

It is the opinion of this meeting, that the most eligible means of affecting these purposes, will be to put an immediate stop to all imports from Great Britain, (cotton, osnabrigs, striped duffil, medicines, gunpowder, lead, books and printed papers, the necessary tolls and implements for the handicraft arts and manufactures excepted, for a limited term) and to all Edition: current; Page: [44] exports thereto, after the first day of October, which shall be in the year of our Lord, 1775; and immediately to discontinue all commercial intercourse with every part of the British Empire which shall not in like manner break off their commerce with Great Britain.

It is the opinion of this meeting, that we immediately cease to import all commodities from every part of the world, which are subjected by the British Parliament to the payment of duties in America.

It is the opinion of this meeting, that these measures should be pursued until a repeal be obtained of the Act for blocking up the harbour of Boston; of the Acts prohibiting or restraining internal manufactures in America; of the Acts imposing on any commodities duties to be paid in America; and of the Act laying restrictions on the American trade; and that on such repeal it will be reasonable to grant to our brethren of Great Britain such privileges in commerce as may amply compensate their fraternal assistance, past and future.

Resolved, However, that this meeting do submit these their opinions to the Convention of Deputies from the several counties of this Colony, and appointed to be held at Williamsburg on the first day of August next, and also to the General Congress of Deputies from the several American States, when and wheresoever held; and that they will concur in these or any other measures which such convention or such Congress shall adopt as most expedient for the American good; and we do appoint Thomas Jefferson and John Walker our Deputies to act for this county Edition: current; Page: [45] at the said Convention, and instruct them to conform themselves to these our Resolutions and Opinions.

proposed arms for the united states1

A proper device (instead of arms) for the American states united would be the Father presenting the bundle of rods to his sons.

The motto “Insuperabiles si inseparabiles” an answer given in parl. to the H. of Lds & comm. 4. Inst. 35. He cites 4. H. 6. nu 12. parl. rolls, which I suppose was the time it happd.

“defects in the association”1

We are permitted to buy any goods imported before Nov. 1, 1774.

We are not allowed to import the implements of manufacturing, nor books.

We may still import wines, Coffee etc. tho’ dutied articles.

We are allowed to continue commerce with other parts of the British empire, tho’ they should refuse to join us.

The American grievances are not defined.

We are to conform to such resolutions only of the Congress as our deputies assent to: which totally destroys that union of conduct in the several colonies which was the very purpose of calling a Congress.

Upon the whole we may say:

We have left undone those things which we ought to have done,

And we have done those things which we ought not to have done.

to archibald cary and benjamin harrison

—As I mean to be a conscientious observer of the measures generally thought requisite for the preservation of our independent rights, so I think myself bound to account to my country for any act of mine which might wear an appearance of contravening them. I therefore take the liberty of stating to you the following matter that thro your friendly intervention it may be communicated to the committee of your country. You may remember it was about the last of May that the house of Burgesses after it’s dissolution met in the Raleigh and formed our first association1 against the future use of tea only, tho’ the proceedings of the ministry against the town of Boston were then well known to us. I believe nobody thought at that time of extending our association further to the total interruption of our commerce with Britain; or if it was proposed by any (which I do not recollect) it was condemned by the general sense of the members who formed that association. Two or three days therefore after this I wrote to Cary & co. of London for 14 pr of sash Windows, to be sent me ready made & glazed with a small parcel of spare glass to mend with. This letter went Edition: current; Page: [95] by a ship which sailed abt the 3d. of June just before Power arrived here, & I did not suppose they would send them till Power should come in again in the spring of 1775. About the middle of June as nearly as I can recollect, a few of the late members were again convened (in consequence of fresh advices from Boston) and then it was suggested a more extensive association might be necessary. A convention met for that purpose the first of August and formed a new association: of which I received a copy about the 11th of the month. But as a General congress was appointed to be held within four weeks of that time to reconsider the same matters and it was agreed that our Association should be subject to any alterations that they might recommend I did not write to countermand my order, thinking I should have sufficient time after the final determinations of the congress should be known, to countermand it before Power should sail in the spring. Accordly within a few days after receiving a copy of the general association I wrote to Cary & co. not to send the sashes, glass &c. which I had ordered & gave my letter to the care of a gentleman (Mr. Evans) just then going downward who promised to send it out speedily, but three or four days after I received a letter from those gentl. dated Aug. 29 in which they informed me my window frames and glass are ready but that it being necessary to detain them about a month to harden the puttying, they were not sent by that but might be expected by the first ship afterwards. From this I conclude they may be near arriving at this time, in which case they will come under the 1st & 10th Edition: current; Page: [96] articles of the Association. In order therefore that no proceeding of mine might give a handle for traducing our measures I thought it better previously to lay before your committee, (within whose ward they will probably be landed) a full state of the matter by which it might be seen under what expectations I had failed to give an earlier countermand and to shew that as they come under the prohibitions of the Continental association (which without the spirit of prophecy could not have been foretold when I ordered them) so I mean they shall be subject to it’s condemnation. To your committee therefore if landed within their county I submit the disposal of them which shall be obeyed as soon as made known to their and your most humble servt.

Dec. 9. 1774. A copy of this sent by Mr. Mazzei to Col. A. Cary, & another to Col. B. Harrison.

motion in convention of virginia1

Ordered that certain paragraphs in the public papers, said to have been the votes of the house of representatives of New York be read.2

The house of Convention taking into their consideration that the said province of New York did by their delegates in General Congress solemnly accede Edition: current; Page: [97] to the compact of Association there formed for the preservation of American rights, that a defection from such their compact would be a perfidy too atrocious to be charged on a sister colony but on the most authentic information, and also doubting whether from some radical defect in the constitution of that government the sense of their house of representatives on questions of this nature should be considered as the sense of the people in general, come to the following resolution:

Resolved that it be an instruction to the committee of correspondence for this colony that they procure authentic information from the committee of correspondence for the province of New York or otherwise; Whether their house of representatives by any vote or votes whatsoever have deserted the Union with the other American Colonies formed in General congress for the preservation of their just rights; Whether the other Colonies are to consider such vote or votes as declaring truly the sense of the people of their province in general, and as forming a rule for their future conduct; And if they are not so to be considered that then they inform us by their names and other sufficient descriptions, of the individuals who may have concurred in such vote, or votes: and that the said committee lay such their information before the next convention or assembly.

draft of a resolution of the virginia convention1

His Excellency the Governor having by proclamation bearing date the 21st day of March2 in the present year declared that his majesty hath given orders that all vacant lands within this colony shall be put up in lot to public sale and that the highest bidder for such lots shall be the purchaser thereof, and shall hold the same subject to a reservation of one-penny sterling per acre by way of annual quit rent and all mines of gold, silver, and precious stones; which terms are an innovation on the established usage of granting lands within this colony; Resolved that a committee be appointed to enquire whether Edition: current; Page: [99] his majesty may of right advance the terms of granting lands in this colony, and make report thereof to the next General assembly or Convention. And that in the mean time it be recommended to all persons whatever to forbear purchasing or accepting grants of lands on the conditions aforementioned; and that be appointed to be of the said Committee.

to dr. william small1

—Within this week we have received the unhappy news of an action of considerable magnitude, between the King’s troops and our brethren of Boston, in which it is said five hundred of the former, with the Earl of Percy, are slain.2 That such an action has occurred, is undoubted, though perhaps the circumstances may not have reached us with truth. This accident has cut off our last hope of reconciliation, and a phrensy of revenge seems to have seized all ranks of people. It is a lamentable circumstance, that the only mediatory power, acknowledged by both parties, instead of leading to a reconciliation of his divided people, should pursue the incendiary purpose of still blowing up the flames, as we find him constantly doing, in every speech and public declaration. This may, perhaps, be intended to intimidate into acquiescence, but the effect has been most Edition: current; Page: [100] unfortunately otherwise. A little knowledge of human nature, and attention to its ordinary workings, might have foreseen that the spirits of the people here were in a state, in which they were more likely to be provoked, than frightened, by haughty deportment. And to fill up the measure of irritation, a proscription of individuals has been substituted in the room of just trial. Can it be believed, that a grateful people will suffer those to be consigned to execution, whose sole crime has been the developing and asserting their rights? Had the Parliament possessed the power of reflection, they would have avoided a measure as impotent, as it was inflammatory. When I saw Lord Chatham’s bill, I entertained high hope that a reconciliation could have been brought about. The difference between his terms, and those offered by our Congress, might have been accommodated, if entered on, by both parties, with a disposition to accommodate. But the dignity of Parliament, it seems, can brook no opposition to its power. Strange, that a set of men, who have made sale of their virtue to the Minister, should yet talk of retaining dignity! But I am getting into politics, though I sat down only to ask your acceptance of the wine, and express my constant wishes for your happiness.

address to governor dunmore from the house of burgesses1

—We, His majesty’s dutiful and loyal subjects, the Burgesses of Virginia, now met in General Assembly, have taken into our consideration the joint Address of the two Houses of Parliament, His Majesty’s Answer, and the Resolution of the Commons, which your Lordship has been pleased to lay before us. Wishing nothing so sincerely as the perpetual continuance of that brotherly love which we bear to our fellow-subjects of Great Britain, and still continuing to hope and believe that they do not approve the measures which have so long oppressed their brethren in America, we were pleased to receive your Lordship’s notification, that a benevolent tender had at length been made by the British House of Commons towards bringing to a good end our unhappy disputes with the Mother Country. Next to the possession of liberty, my Lord, we should consider such a reconcilliation as the greatest of all human blessings. With these dispositions we entered into the consideration of that Resolution; we examined it minutely; we viewed it in every point Edition: current; Page: [102] of light in which we were able to place it; and, with pain and disappointment, we must ultimately declare it only changes the form of oppression, without lightening its burden. We cannot, my Lord, close with the terms of that Resolution, for these reasons:

Because the British Parliament has no right to intermeddle with the support of civil Government in the Colonies. For us, not for them, has Government been instituted here. Agreeable to our ideas, provision has been made for such officers as we think necessary for the administration of publick affairs; and we cannot conceive that any other legislature has a right to prescribe either the number or pecuniary appointments of our offices. As a proof that the claim of Parliament to interfere in the necessary provisions for the support of civil Government is novel, and of a late date, we take leave to refer to an Act of our Assembly, passed so long since as the thirty second year of the reign of King Charles the Second, intituled, “An Act for raising a publick revenue, and for the better support of the Government of His Majesty’s Colony of Virginia.” This act was brought over by Lord Culpeper, then Governour, under the great seal of England, and was enacted in the name of the “King’s most Excellent Majesty, by and with the consent of the General Assembly.”

Because to render perpetual our exemption from an unjust taxation, we must saddle ourselves with a perpetual tax, adequate to the expectations, and subject to the disposal of Parliament alone; Whereas we have a right to give our money, as the Parliament do theirs, without coercion, from time to time, as Edition: current; Page: [103] publick exigences may require. We conceive that we alone are the judges of the condition, circumstances, and situation of our people, as the Parliament are of theirs. It is not merely the mode of raising, but the freedom of granting our money, for which we have contended. Without this, we possess no check on the royal prerogative; and what must be lamented by dutiful and loyal subjects, we should be stripped of the only means, as well of recommending this country to the favours of our most gracious Sovereign, as of strengthening those bands of amity with our fellow-subjects, which we would wish to remain indissoluble.

Because on our undertaking to grant money, as is proposed, the Commons only resolve to forbear levying pecuniary taxes on us, still leaving unrepealed their several Acts passed for the purposes of restraining the Trade, and altering the form of Government of the Eastern Colonies; extending the boundaries, and changing the Government and Religion of Quebeck; enlarging the jurisdiction of the Courts of Admiralty; taking from us the right of Trial by Jury, and transporting us into other countries to be tried for criminal offences. Standing Armies, too, are still to be kept among us, and the other numerous grievances, of which ourselves and sister Colonies, separately and by our Representatives in General Congress, have so often complained, are still to continue without redress.

Because at the very time of requiring from us grants of money, they are making disposition to invade us with large armaments by sea and land, which Edition: current; Page: [104] is a style of asking gifts not reconcilable to our freedom. They are also proceeding to a repetition of injury, by passing Acts for restraining the Commerce and Fisheries of the Provinces of New England, and for prohibiting the Trade of the other Colonies with all parts of the world, except the Island of Great Britain, Ireland, and the West Indies. This seems to bespeak no intention to discontinue the exercise of this usurped power over us in future.

Because on our agreeing to contribute our proportion towards the common defence, they do not propose to lay open to us a free trade with all the world: whereas, to us it appears just that those who bear equally the burdens of Government should equally participate of its benefits; either be contented with the monopoly of our trade, which brings greater loss to us and benefit to them than the amount of our proportional contributions to the common defence; or, if the latter be preferred, relinquish the former, and do not propose, by holding both, to exact from us double contributions. Yet we would remind Government, that on former emergencies, when called upon as a free people, however cramped by this monopoly in our resources of wealth, we have liberally contributed to the common defence. Be assured, then, that we shall be as generous in future as in past times, disclaiming the shackles of proportion when called to our free station in the general system of the empire.

Because the proposition now made to us involves the interests of all the other Colonies. We are now represented in General Congress by members approved Edition: current; Page: [105] by this House, where the former union, it is hoped, will be so strongly cemented, that no partial applications can produce the slightest departure from the common cause. We consider ourselves as bound in honour, as well as interest, to share one general fate with our sister Colonies; and should hold ourselves base deserters of that union to which we have acceded, were we to agree on any measures distinct and apart from them.

There was, indeed, a plan of accommodation offered in Parliament, which, though not entirely equal to the terms we had a right to ask, yet differed but in few points from what the General Congress had held out. Had Parliament been disposed sincerely, as we are, to bring about a reconciliation, reasonable men had hoped, that by meeting us on this ground, something might have been done. Lord Chatham’s Bill, on the one part, and the terms of Congress on the other, would have formed a basis for negotiations, which a spirit of accommodation on both sides might, perhaps, have reconciled. It came recommended, too, from one whose successful experience in the art of Government should have insured it some attention from those to whom it was intended. He had shown to the world, that Great Britain, with her Colonies united firmly under a just and honest Government, formed a power which might bid defiance to the most potent enemies. With a change of Ministers, however, a total change of measures took place. The component parts of the Empire have, from that moment, been falling asunder, and a total annihilation of its weight in the Edition: current; Page: [106] political scale of the world, seems justly to be apprehended.

These, my Lord, are our sentiments on this important subject, which we offer only as an individual part of the whole Empire. Final determination we leave to the General Congress, now sitting, before whom we shall lay the papers your Lordship has communicated to us. To their wisdom we commit the improvement of this important advance; if it can be wrought into any good, we were assured they will do it. To them, also, we refer the discovery of that proper method of representing our well-founded grievances, which your Lordship assures us will meet with the attention and regard so justly due to them. For ourselves, we have exhausted every mode of application which our invention could suggest as proper and promising. We have decently remonstrated with Parliament: they have added new injuries to the old. We have wearied our King with applications: he has not deigned to answer us. We have appealed to the native honour and justice of the British Nation. Their efforts in our favour have been hitherto ineffectual. What, then, remains to be done? That we commit our injuries to the evenhanded justice of the Being who doth no wrong, earnestly beseeching him to illuminate the counsels, and prosper the endeavours of those to whom America hath confided her hopes, that through their wise direction we may again see reunited the blessings of liberty, property, and harmony with Great Britain.

to francis eppes1

—You will before this have heard that the war is now heartily entered into, without a prospect of accommodation but through the effectual interposition of arms. General Gage has received considerable reinforcements, though not to the whole amount of what was expected. There has lately been an action at the outlet of the town of Boston.2 The particulars we have not yet been able to get with certainty. The event, however, was considerable in our favor as to the numbers killed. Our account says we had between 40 and 70 killed and 140 wounded. The enemy has certainly 500 wounded and the same account supposes that number killed; but judging from the proportion of wounded and slain on our part, they should not have perhaps above two hundred killed. This happened on Saturday, and on Monday, when the express came away, the provincials had begun to make another attack. Washington set out from here on Friday last as generalissimo of all the provincial troops in North America. Ward and Lee were appointed major-generals and Gates adjutant. We are exceedingly anxious till we hear of their arrival at Boston, as it is evident to every one that the provincial encampment is the most injudicious that can possibly be conceived. For the sole purpose of covering two small towns near Boston they have encamped so near the line of the ministerial Edition: current; Page: [108] army that the sentries may converse. Gage, too, being well fortified, is in little danger of an attack from them; while their situation is such that he may attack them when he pleases, and if he is unsuccessful, they cannot pursue him a foot scarcely, on account of the ships and floating batteries bearing on the Neck of Boston. If no evil arises from this till General Washington arrives, we may expect to hear of his withdrawing the provincial troops to a greater distance. The Congress have directed 20,000 men to be raised, and hope by a vigorous campaign to dispose our enemies to treaty. Governor Carleton has been spiriting up the Canadian Indians to fall on our back settlements; but this we hope will be prevented. Governor Skeene, appointed to take charge of the fortresses on the lakes, was intercepted here, as we had already taken possession of those fortifications and provided a governor, there was no occasion for him to proceed. He is now, therefore, our prisoner. My best affections attend Mrs. Eppes and family.

to francis eppes1

—Since my last, nothing new has happened. Our accounts of the battle of Charleston have become clear, and greatly to our satisfaction. Edition: current; Page: [109] Contrary to what usually happens, the first account were below truth; and it is now certain that the regulars have had between 1200 and 1400 killed and wounded in that engagement, and that of these 500 were killed. Major Pitcairn is among the slain, at which everybody rejoices, as he was the commanding officer at Lexington, was the first who fired his own piece there and gave the command to fire. Among those was a Doctor Warren, a man who seems to have been immensely valued at the North. The New-Englanders are fitting out light vessels of war, by which it is hoped we shall not only clear the seas and bays here of everything below the size of a ship of war, but that they will visit the coasts of Europe and distress the British trade in every part of the world. The adventurous genius and intrepidity of those people is amazing. They are now intent on burning Boston as a hive which gives cover to regulars; and none are more bent upon it than the very people who came out of it and whose prosperity lies there. This however, if done at all, it is thought better to defer till the cold season is coming on, as it would then lay them under irremediable distress. Powder seems now to be our only difficulty, and towards getting plenty of that nothing is wanting but saltpetre. If we can weather out this campaign, I hope that we shall be able to have a plenty made for another. Nothing is requisite but to set about it, as every colony has materials, but more especially Virginia and Maryland. My compliments most affectionately to Mrs. Eppes. Mr. and Mrs. Skipwith, I expect, have left you. Adieu.

drafts of declaration on taking up arms1

draft of report on lord north’s motion2

The Congress proceeding to take into their consideration a resolution of the House of Commons of Edition: current; Page: [126] Gr Br referred to them by the several assemblies of New Jersey, Pnnsylva & Virga, which resoln is in these words “that it is the opinion &c” are of Opinion

That the colonies of America possess an the exclusive right privilege of giving & granting their own money; that this involves the right of deliberating whether they will give any sums make any gift, for what purposes they will give them it shall be made, and what shall be it’s the amount of the gift, and that it is a high breach of this privilege for any body of men, extraneous to their constitutions, to prescribe the purposes for which money shall be levied on them, & to take to themselves the authority of judging what shall be a sufficient levy of their conditions circumstances, & and situation, & of determining the sufficiency or insufficiency of any the levy proposed amount of the contribution to be levied.

That as they possess a right of appropriating their gifts, so are they entitled at all times to inquire into its their application; to see that it they be not distributed wasted among the venal & corrupt to sap for the purpose of sapping undermining their the civil rights of the givers, of overbearing them by with military force power by diverting them nor yet applied be diverted to the support of standing armies for the purpose of overbearing these states by military Edition: current; Page: [127] inconsistent with domestic quiet their freedom & subversive of their our quiet. To propose therefore as this resolution does that the monies given by the colonies shall be subject to the disposal of parliament alone, is to propose that they shall surrender give relinquish this right of enquiry; and to put it in the power of others to render their gifts ruinous in proportion as they are liberal.

That this privilege of giving or withholding our monies is an important barrier against in the undue exertion of prerogative, which if left altogether without controul might may be exercised to our great oppression; & that is also & all history shows it how efficacious its intercession for redress of grievances & reestablishment of rights and how improvident would be the surrender of so powerful a mediator.

We are further of opinion

That the proposition contained in this resolution is uncandid unequal unreasonable & insidious: uncandid unequal unreasonable because if we declare we accede to it we declare in absolute terms without reservation we will purchase the favour of parliament not without knowg not at the same time & leave the price of that purchase to be fixed by the sellers alone, at what price they will please to estimate their favour; it is insidious because a colony on refusal of any a proffered sum any individual colonies having bid & bidden again till it they finds the height of parliamentary avidity of the seller unattainable by all its their powers, are then to return into opposition single & unsupported Edition: current; Page: [128] divided from its their sister colonies having in the meantime been taken whom the minister shall will have previously imparted fully detached from the Union by acceptance a grant of easier terms, or deluded into inactivity by keeping up into a definite answer and by delayg of the definitive answer or by an artful procrastination of a definitive answer.

That the suspension of the exercise of their pretended power to tax levy taxes of taxation being expressly made commensurate with the duration continuing of our gifts, in order these must be perpetual to make that so: and experience has invariably proven that to render a governing power perpetually independent it is not the best method of preserving the friendship & good offices of any part of government to render it independent by vesting it with perpetual revenues and whereas no experience has shewn that a gift of perpetual revenues secures a perpetual return of duty or of good kind dispositions. On the contrary the parliament itself with a wisdom we mean worthy to imitation cautiously wisely attentive to this circumstance observation are in the established practice of granting their own money but from year to year only.

We are of the opinion that even fair terms could hardly be accepted by us

Tho’ desirous & determined to consider in the most dispassionate light view every advance towards reconciliation made by the British parlmt. let our brethren of Britain reflect what could have Edition: current; Page: [129] been the sacrifice to men of free spirits had [il legible] even fair terms been proffered by freemen when attended as these were with the most irritating circumstances of insult & defiance with circumstances so insultive circumstances. A proposition to give our money, when accompanied with large fleets & armies. Addressed to our fears rather than to our freedom. Let Britons our brethren of Britain reflect with what patience they would they have received articles of treaty from any power on earth when sent by such messengers plenipotentiaries borne by on the point of the bayonet by the hands of military plenipotentiaries? on the point of a bayonet.

We think that the attempt alike unreasonable & unnecessary & unwarrantable to raise upon us by force or by threats our proportional contributions to the common defense, when all know, and themselves acknowledged we have ever freely & fully given those contributionsed whenever called upon to contribute in the character freemen should be is one among a plain proof, among many others that not the obtaining these but the rendering to their absolute dominion was not the ultimate end of Parliamentary object of parliament.

We are of opinion it is not just yt the colonies should make any be required to oblige themselves stipulate to other contributions while Great Britain possesses a monopoly of their trade. This is of does of itself lay them under a heavy contribution levied on them. To demand therefore another an additional contribution by way in the form of a tax Edition: current; Page: [130] is to demand the double of their equal proportion. We conceive no reason If we are to contribute proportionally equally with the other parts of the empire, let us equally with them enjoy like them equal rights of free commerce with the whole world. But while the restrictions on our trade shut up to us the resources of wealth we cannot bear it is it unjust we should be expected to bear all other burthens equally with those to whom under no restriction have every resource is open?

We conceive that the Brit. parl. has no right to intermeddle with our provisions for the support of civil governmt or administration of justice. That the provisions has been made in such manner as to we have already we have made are such as please ourselves, they answer the substantial purposes governmt & of justice, & other purposes than these should not be answered. We do not mean to burthen that our people shall be burthened with heavy & oppressive taxes to provide sinecures for the drones of creation ministerial partisans the idle or wicked under color of providing for a civil list. But while parliament pursue their unmolested their plan of civil govnt within their own jurisdiction we hope also to pursue ours also without molestation.

We are of opinion the proposition is altogether unsatisfactory, because the parliament it imports only a suspension, not a renunciation of the right to tax us; because too it is does not proposed to repeal the several acts of parl, passed for the purposes Edition: current; Page: [131] of restraining the trade and altering the form of government of the Eastern colonies; extending the boundaries, & changing the government & religion of Quebec; enlarging the jurisdiction of the courts of admiralty & vice admiralty; taking from us the rights of trial by jury of the vicinage in cases affecting both life and property; exempting the murderers of colonists from legal trial transporting us into other countries to be tried for criminal offenses; exempting by mock-trial the murderers of colonists from punishment; and for quartering soldiers upon us in times of profound peace. Nor do they renounce the power of suspending our own legislatures & of legislating for us themselves in all cases whatsoever. So far indeed from repealing the injurious acts of parl. before mentioned they pass others at the same time equally injurious On the contrary to show they mean not to dis continue discontinuance of injuries injury at the very time of making this proposition they are passing acts at the very time of making holding out this proposition, for restraining the commerce & fisheries of the province of New England & for interdicting in general the trade of the other colonies with all foreign nations. This proof is proves unequivocally of what we may expect in the future they mean not discontinuance of to relinquish this usurpation the exercise of indiscriminate legislation over us.

Upon the whole

This proposition seems to have been held up to the world to deceive them it into a belief that the Edition: current; Page: [132] colonies are unreasonable there was no matter &c.1 but and more particularly to lull into fatal security our well affected fellow subjects on that other side the water into a fatal security till time should be given for the operation of those arms which a British minister pronounced would instantaneously reduce the “cowardly” sons of America to unreserved submission. But when the world reflects how inadequate to justice are the vaunted terms offered, when it attends to the rapid & bold succession of injuries which for the space during a course of 11. years have been aimed at these colonies by a wicked administration, when it reviews the pacific & respectful applications complaints expostulations which during that whole time have been made the sole arms we oppose to their usurpations, them, when it considers observes that our complaints were either not heard at all, or were answered with new & accumulated injuries, when it considers recollects that the minister himself declared from the beginning on an former early occasion he would never cease [blank space in copy]2 Edition: current; Page: [133] till America was at his feet, & that an avowed partisan of ministry has more lately denounced against America the dreadful sentence “Delenda est Carthago,” that this was done in the presence of a British senate & being unreproved by them we must considered be taken to be as approved their own sentiment; when it considers the great armaments by sea & land with which they have invaded us by sea & land, & the circumstances of cruelty with which these have commenced & prosecuted hostilities; when these things we say are laid together & attentively considered, can the world be deceived by the artifices of a ministry into an opinion that we are unreasonable, or can it hesitate to believe with us that nothing but our own exertions can may defeat the ministerial sentence of death or submission.

to john randolph1

—I am sorry the situation of our country should render it not eligible to you to remain longer in it. I hope the returning wisdom of Great Britain will, ere long, put an end to this unnatural contest. There may be people to whose tempers and dispositions contention is pleasing, and who, therefore, wish a continuance of confusion, Edition: current; Page: [134] but to me it is of all states but one, the most horrid. My first wish is a restoration of our just rights; my second, a return of the happy period, when, consistently with duty, I may withdraw myself totally from the public stage, and pass the rest of my days in domestic ease and tranquillity, banishing every desire of ever hearing what passes in the world. Perhaps (for the latter adds considerably to the warmth of the former wish), looking with fondness towards a reconciliation with Great Britain, I cannot help hoping you may be able to contribute towards expediting this good work. I think it must be evident to yourself, that the Ministry have been deceived by their officers on this side of the water, who (for what purpose I cannot tell) have constantly represented the American opposition as that of a small fraction, in which the body of the people took little part. This, you can inform them, of your own knowledge, is untrue. They have taken it into their heads, too, that we are cowards, and shall surrender at discretion to an armed force. The past and future operations of the war must confirm or undeceive them on that head. I wish they were thoroughly and minutely acquainted with every circumstance relative to America, as it exists in truth. I am persuaded, this would go far towards disposing them to reconciliation. Even those in Parliament who are called friends to America, seem to know nothing of our real determinations. I observe, they pronounced in the last Parliament, that the Congress Edition: current; Page: [135] of 1774 did not mean to insist rigorously on the terms they held out, but kept something in reserve, to give up; and, in fact, that they would give up everything but the article of taxation. Now, the truth is far from this, as I can affirm, and put my honor to the assertion. Their continuance in this error may, perhaps, produce very ill consequences The Congress stated the lowest terms they thought possible to be accepted, in order to convince the world they were not unreasonable. They gave up the monopoly and regulation of trade, and all acts of Parliament prior to 1764, leaving to British generosity to render these, at some future time, as easy to America as the interests of Britain would admit. But this was before blood was spilt. I cannot affirm, but have reason to think, these terms would not now be accepted. I wish no false sense of honor, no ignorance of our real intentions, no vain hope that partial concessions of right will be accepted, may induce the Ministry to trifle with accommodation, till it shall be out of their power ever to accommodate. If, indeed, Great Britain, disjointed from her colonies, be a match for the most potent nations of Europe, with the colonies thrown into their scale, they may go on securely. But if they are not assured of this, it would be certainly unwise, by trying the event of another campaign, to risk our accepting a foreign aid, which, perhaps, may not be attainable, but on condition of everlasting avulsion from Great Britain. This would be thought a hard condition, to those who still wish for re-union Edition: current; Page: [136] with their parent country. I am sincerely one of those, and would rather be in dependence on Great Britain, properly limited, than on any other nation on earth, or than on no nation. But I am one of those, too, who, rather than submit to the rights of legislating for us, assumed by the British Parliament, and which late experience has shown they will so cruelly exercise, would lend my hand to sink the whole Island in the ocean.

If undeceiving the Minister, as to matters of fact, may change his disposition, it will, perhaps, be in your power, by assisting to do this, to render service to the whole empire, at the most critical time, certainly, that it has ever seen. Whether Britain shall continue the head of the greatest empire on earth, or shall return to her original station in the political scale of Europe, depends, perhaps, on the resolutions of the succeeding winter. God send they may be wise and salutary for us all. I shall be glad to hear from you as often as you may be disposed to think of things here. You may be at liberty, I expect, to communicate some things, consistently with your honor, and the duties you will owe to a protecting nation. Such a communication among individuals, may be mutually beneficial to the contending parties. On this or any future occasion, if I affirm to you any facts, your knowledge of me will enable you to decide on their credibility; if I hazard opinions on the dispositions of men or other speculative points, you can only know they are my opinions. My best wishes for your felicity, attend you, wherever you Edition: current; Page: [137] go, and believe me to be assuredly, Your friend and servant.

to francis eppes1

—I wrote to Patty [Mrs. Jefferson] on my arrival here, and there being nothing new in the political way, I enclosed her letter under a blank cover to you. Since that we have received from England news of much importance which coming through many channels we believe may be confidently relied on. Both the ministerial and provincial accounts of the battle of Bunker’s Hill had got to England. The ministry were determined to push the war with vigor, a measure in which they were fixed by the defeat of the Spaniards by the Moors. Ninety brass cannon were embarked from the tower, and may be hourly expected either at N. York or Boston. Two thousand troops were to sail from Ireland about the 25th Sept.; these we have reason to believe are destined for N. York. Commodore Shuldam was to sail about the same time with a great number of frigates and small vessels of war, to be distributed among the middle colonies. He comes at the express and earnest intercessions of Ld. Dunmore, and the plan is to lay waste all the plantations on our river sides. Of this we give immediate notice to our Committee of Safety by an express whom we dispatched last Friday, that if any defence could be Edition: current; Page: [138] provided on the rivers by fortifications or small vessels it might be done immediately. In the spring, 10,000 men more are to come over. They are to be procured by taking away two-thirds of the garrison at Gibraltar (who are to be replaced by some Hessians) by 2,000 Highlanders and 5,000 Roman Catholics, whom they propose to raise in Ireland. Instead of Roman Catholics, however, some of our accounts say foreigners are to be sent. Their plan is this. They are to take possession of New York and Albany, keeping up a communication between them by means of their vessels. Between Albany and St. John’s, they propose also to keep open the communication, and again between St. John’s and Quebec, and Boston. By this means they expect Gage, Tryon, and Carleton may distress us on every side, acting in concert with one another. By means of Hudson’s River, they expect to cut off all correspondence between the northern and southern rivers. Gage was appointed Governor-General of all America; but Sir Jeffrey Amherst consented afterwards to come over, so that Gage is to be recalled; but it is believed Amherst will not come till the spring; in the meantime Howe will have the command. The coöperation of the Canadians is taken for granted in all the ministerial schemes. We hope, therefore, they will be dislocated by the events in that quarter. For an account of these I must refer you to Patty. My warmest affections attend Mrs. Eppes. Adieu.

to francis eppes1

—Since my last, we have nothing new from England or from the camps at either Cambridge or St. John’s. Our eyes are turned to the latter place with no little anxiety, the weather having been uncommonly bad for troops in that quarter, exposed to the inclemencies of the sky without any protection. Carleton is retired to Quebec, and though it does not appear he has any intimation of Arnold’s expedition, yet we hear he has embodied 1,100 men to be on his guard. A small vessel was the other day cast away on the Jersey shore (she was one of the transports which had some time ago brought over troops to Boston) on board of which were a captain, with his subordinate officers and marines, amounting to 23 in all, and also a Duncan Campbell who was going to recruit men at New York for General Gage, he having some time before undertaken the same business in the same place, and actually carried off 60 men. The marines and their officers were all taken immediately, except their captain and the recruiting gentleman; these pushed off in a little boat, and coasted it to Long Island, where they got on board a sloop which was to have sailed in an hour, when the party sent after them came upon them. They were brought to this city this morning, the marines having been here some time. Our good old speaker died the night before last. For the particulars of that melancholy event I must Edition: current; Page: [140] refer you to Patty. My affections attend Mrs. Eppes. Adieu.

to john page1

—We have nothing new from England or the camp before Boston. By a private letter this day to a gentleman of Congress from General Montgomery we learn that our forces before St. John’s are 4,000 in number besides 500 Canadians, the latter of whom have repelled with great intrepidity three different attacks from the fort. We apprehend it will not hold out much longer as Monsr. St. Luc de la Corne and several other principal inhabitants of Montreal who have been our great enemies have offered to make terms. This St. Luc is a great Seigneur amongst the Canadians and almost absolute with the Indians, he has been our most bitter enemy, he is acknowledged to be the greatest of all scoundrels, to be assured of this I need only to mention to you that he is the ruffian who when during the late war Fort William Henry was surrendered to the French & Indians on condition of saving the lives of the garrison had every soul murdered in cold blood. The check which the Canadians received at first is now wearing off. They were made to believe we had an army of 15,000 men going there, but when they saw Montgomery with but 2,700 they were thunderstruck at the situation they had brought themselves into. However when they saw even this Edition: current; Page: [141] small armament march boldly to invest St. John’s & put a good face on the matter they revived, & the recruits since have contributed to inspirit them more.

I have set apart nearly one day in every week since I came here to write letters. Notwithstanding this I never had received the scrip of a pen from any mortal breathing. I should have excepted two lines from Mr. Pendleton to desire me to buy him 24 lb of wire from which I concluded he was alive. I speak not this for you from whom I would not wish to receive a letter till I know you can write one without injury to your health, but in future as I must be satisfied with information from my colleagues that my county still exists, so I am determined to be satisfied also with their epistolary communications of what passes within our knowledge. Adieu, Dear Page.

Delenda est Norfolk.1

to francis eppes2

—We have no late intelligence here except of the surrender of Chambly, with 90 prisoners of war, 6½ tons of powder, 150 stands of arms, and some other small matters. The acquisition of this powder, we hope, has before this made us masters of St. John’s, on which Montreal and the upper parts of St. Lawrence will of course be ours. The fate of Arnold’s expedition we know not as yet. We have Edition: current; Page: [142] had some disagreeable accounts of internal commotions in South Carolina. I have never received the script of a pen from any mortal in Virginia since I left it, nor been able by any inquiries I could make to hear of my family. I had hoped that when Mrs. Byrd came I could have heard something of them; but she could tell me nothing about them. The suspense under which I am is too terrible to be endured. If anything has happened, for God’s sake let me know it. My best affections to Mrs. Eppes. Adieu.

to francis eppes1

—After sealing my last letter to you, we received an account of the capture of St. John’s which I wrote on the letter. What I then gave you was true account of the matter. We consider this as having determined the fate of Canada. A committee of Congress is gone to improve circumstances, so as to bring the Canadians into our Union. We have accounts of Arnold as late as October 13. All well and in fine spirits. We cannot help hoping him into possession of Quebec, as we know Carleton to be absent in the neighborhood of Montreal. Our armed vessels to the northward have taken some of the ships coming with provisions from Ireland to Boston. By the intercepted letters we have a confirmation that they will have an army of four or five and twenty thousands there by the spring, but they Edition: current; Page: [143] will be raw-teagues.1 3,000 are lately arrived there. I have written to Patty a proposition to keep yourselves at a distance from the alarms of Ld. Dunmore. To her, therefore, for want of time, I must refer to you, and shall hope to meet you as proposed. I am, dear Sir, with my best affections to Mrs. Eppes, your friend and servant.

to john randolph2

—I am to give you the melancholy intelligence of the death of our most worthy Speaker, which happened here on the 22d of the last month. He was struck with an apoplexy, and expired within five hours.

I have it in my power to acquaint you, that the success of our arms has corresponded with the justice of our cause. Chambly and St. John’s were taken some weeks ago, and in them the whole regular army in Canada, except about forty or fifty men. This day, certain intelligence has reached us, that our General, Montgomery, is received into Montreal; and we expect, every hour, to be informed that Quebec has opened its arms to Colonel Arnold, who, with eleven hundred men, was sent from Boston up the Kennebec, and down the Chaudière river to that place. He expected to be there early this month. Montreal acceded to us on the 13th, and Carlton set out, with Edition: current; Page: [144] the shattered remains of his little army, for Quebec, where we hope he will be taken up by Arnold. In a short time, we have reason to hope, the delegates of Canada will join us in Congress, and complete the American union, as far as we wish to have it completed. We hear that one of the British transports has arrived at Boston; the rest are beating off the coast, in very bad weather. You will have heard, before this reaches you, that Lord Dunmore has commenced hostilities in Virginia. That people bore with everything, till he attempted to burn the town of Hampton. They opposed and repelled him, with considerable loss on his side, and none on ours. It has raised our countrymen into a perfect phrensy. It is an immense misfortune, to the whole empire, to have a King of such a disposition at such a time. We are told, and everything proves it true, that he is the bitterest enemy we have. His Minister is able, and that satisfies me that ignorance or wickedness, somewhere, controls him. In an earlier part of this contest, our petitions told him, that from our King there was but one appeal. The admonition was despised, and that appeal forced on us. To undo his empire, he has but one truth more to learn; that, after colonies have drawn the sword, there is but one step more they can take. That step is now pressed upon us, by the measures adopted, as if they were afraid we would not take it. Believe me, dear Sir, there is not in the British empire a man who more cordially loves a union with Great Britain, than I do. But by the God that made me, I will cease to exist before I yield to a connection on such terms as the Edition: current; Page: [145] British Parliament propose; and in this, I think I speak the sentiments of America. We want neither inducement nor power, to declare and assert a separation. It is will, alone, which is wanting, and that is growing apace under the fostering hand of our King. One bloody campaign will probably decide, everlastingly, our future course; and I am sorry to find a bloody campaign is decided on. If our winds and waters should not combine to rescue their shores from slavery, and General Howe’s reinforcements should arrive in safety, we have hopes he will be inspirited to come out of Boston and take another drubbing; and we must drub him soundly, before the sceptred tyrant will know we are not mere brutes, to crouch under his hand, and kiss the rod with which he designs to scourge us,

declaration concerning ethan allen1

A Declaration (or a letter to Howe) on Allen’s case.

When necessity compelled us to take up arms against Great Britain in defence of our just rights, we thought it a circumstance of some comfort that our enemy was brave and civilized. It is the happiness of modern times that the evils of necessary war are softened by the refinement of manners & sentiment and that an enemy is an object of vengeance, in Edition: current; Page: [146] arms, & in the field only. It is with pain we hear that Mr. Allen and eleven others taken with him while fighting bravely in their country’s cause, are sent to Britain in irons, to be punished for pretended treason; treasons too created by one of those very laws whose obligation we deny, and mean to contest by the sword. This question is will not to be decided by reeking vengeance on a few wretched helpless captives brave men who unfortunately but by subduing conquering vanquishing your enemies in the field of glory encounters of virtue atchieving success in the fields of war, by and gathering there those laurels which grow for the warrior brave alone. In this light we view the object between us, in this line we have hitherto conducted ourselves for its attainment. To those of your who bearing your arms have fallen into our hands we have extended afforded every comfort for which captivity will admit and misfortune call for enlargement upon parole has been admitted this they will do us the justice to testify. Enlargement & comfortable subsistence have been extended to both officers & men, trusting to the ties of honour & their bondage restraint is a bondage restraint of honour only. Should you think proper in these days to revive the antient barbarity of antient ages, barbarism and again disgrace our nature with the practice sacrifice the fortune of war has put it into our hands power subjects for multiplied retaliation. To them, to you, & to the world we declare they shall not be wretched unless their imprudence or your example shall oblige us to make them so; but we declare that their lives shall compel Edition: current; Page: [147] teach our enemies to respect the rights of nations. We have ordered Brigadr. General Prescot to be bound in irons & to be confined in close jail, there to experience sufferings similar to those corresponding miseries to those which shall be inflicted on Mr. Allen. His life shall answer for that life of Mr. Allen, & the lives of as many others for those sent with him of the brave men captivated with him. We deplore the event which shall oblige us to retaliate shed blood for blood, and shall resort to retaliation but as the means of stopping the progress of butchery. This it is a duty we owe to those engaged in support of our the cause of their country, to assure them that if any unlucky circumstance baffling the efforts of their bravery shall put them in the power of their enemies, their lives shall be warranted from sacrifice by the lives of the prisoners in our hands we will use the pledges in our hands to warrant their lives from sacrifice.

to john page1

De rebus novis, ita est. One of our armed vessels has taken an English store ship coming with all the implements of war (except powder) to Boston. She is worth about £30,000 sterling as General Washington informs us, & the stores are adapted to his wants as perfectly as if he had sent the invoice. They have also taken two small provision vessels from Ireland Edition: current; Page: [148] to Boston. A forty gun ship blew up the other day by accident in the harbor of Boston. Of a certainty the hand of God is upon them. Our last intelligence from Arnold to be relied on is by letter from him. He was then at Point Levy opposite Quebec & had a great number of canoes ready to cross the river. The Canadians received him with cordiality & the regular force in Quebec was too inconsiderable to give him any inquietude. A later report makes him in possession of Quebec, but this is not authenticated. Montgomery had proceeded in quest of Carleton & his small fleet of 11 pickeroons, then on Lake St. Francis. He had got below him & had batteries so planted as to prevent his passing. It is thought he cannot escape their vigilance. I hope Ld. Chatham may live till the fortune of war puts his son into our hands, & enables us by returning him safe to his father, to pay a debt of gratitude. I wish you would get into Convention & come here. Think of it. Accomplish it. Adieu.

The Congress have promoted Brigadier Genl. Montgomery to be a Major General, and on being assured that Arnold is in possession of Quebec it is probable he will be made a Brigadier General, one of those offices being vacant by Montgomery’s promotion. This march of Arnold’s is equal to Xenophon’s retreat. Be so good as to enquire for the box of books you lodged for me at Nelson’s & get them to a place of safety. Perhaps some oppty may offer of sending it to Richmond.

report to congress on congress committee1

The Committee appointed to consider and prepare instructions for a committee who are to sit during the recess of Congress have agreed to the following resolutions

Resolved that it is the opinion of this committee that the sd Committee during the Recess of Congress should be authorized & instructed

To receive and open letters directed to the Congress

To correspond with the several Conventions, Assemblies, or Committees of safety, with the Committee of Congress sent to Canada, the Commissioners for Indian affairs; and the Commanding officers of the Continental forces in the several departments

To give counsel to the sd commanding officers whenever applied to by them

To supply the Continental forces by sea and land with all necessaries from time to time

To expedite the striking monies ordered by the Congress to be struck

To transmit to the several Commanding officers, Paymasters & Commissaries from time to time such sums of money as may be necessary for the pay & Edition: current; Page: [150] subsistence of the Continental forces, and order paiment by the Treasurer for such contracts as they, the said committee, may make in pursuance of the authorities and instructions given them

To take charge of all military stores belonging to the United Colonies, to procure such further quantities as may probably be wanted, & to order any part thereof wheresoever it may be most requisite for the Common service.

To direct the safe keeping and comfortable accommodation of all Prisoners of War.

To contribute their counsel and authority towards raising recruits ordered by Congress

To procure intelligence of the condition and designs of the enemy.

To direct military operations by sea and land; not changing any objects or expedition determined on by Congress

To attend to the defence and preservation of forts and strong posts and to prevent the enemy from acquiring new holds

To apply to such officers in the several colonies as are entrusted with the executive powers of government for the occasional aid of Minute-men and militia whenever & wherever necessary

In case of the death of any officer within the appointment of Congress, to employ a person to fulfil his duties, until the meeting of Congress, unless the office be of such nature as to admit of a delay of appointment until such meeting

To examine public claims and accounts and report the same to the next Congress.

To publish and disperse authentic accounts of military operations.

To expedite the printing of the Journal of Congress as by them directed to be published

To summon a meeting of Congress at an earlier date than that to which it may stand adjourned, if any great and unexpected emergence shall render it necessary for the safety or good of the United colonies

And to lay before the Congress at their meeting all letters received by them with a report of their proceedings.

Resolved that the said Committee shall be authorized to appoint their own clerk who shall take an oath of secrecy before he enters on the exercise of his office.

Resolved that in case of the death of any member of the said Committee, they immediately apply to his surviving colleagues to appoint some one of themselves to be a member of the said Committee.

to thomas nelson1

—I arrived here last Tuesday after being detained hence six weeks longer than I intended by a malady of which Gilmer can inform you. I have nothing new to inform you of as the last post carried you an account of the naval engagement in Delaware. I inclose a vote of yesterday Edition: current; Page: [152] on the subject of government as the ensuing campaign is likely to require greater exertion than our unorganized powers may at present effect. Should our Convention propose to establish now a form of government perhaps it might be agreeable to recall for a short time their delegates. It is a work of the most interesting nature and such as every individual would wish to have his voice in. In truth it is the whole object of the present controversy; for should a bad government be instituted for us in future it had been as well to have accepted at first the bad one offered to us from beyond the water without the risk & expence of contest. But this I mention to you in confidence, as in our situation, a hint to any other is too delicate however anxiously interesting the subject is to our feelings. In future you shall hear from me weekly while you stay, and I shall be glad to receive Conventional as well as publick intelligence from you.

P. S.—In the other colonies who have instituted government they recalled their delegates, leaving only one or two to give information to Congress of matters which might relate to their country particularly, and giving them a vote during the interval of absence.

I am at present in our old lodgings tho’ I think, as the excessive heats of the city are coming on fast, to endeavor to get lodgings in the skirts of the town where I may have the benefit of a freely circulating air. Tell Page & McClurgh that I received their letters this morning and shall devote myself to their contents. I am here in the same uneasy anxious Edition: current; Page: [153] state in which I was the last fall without Mrs. Jefferson who could not come with me. I wish much to see you here, yet hope you will contrive to bring on as early as you can in convention the great questions of the session. I suppose they will tell us what to say on the subject of independence,1 but hope respect will be expressed to the right of opinion in other colonies who may happen to differ from them. When at home I took great pains to enquire into the sentiments of the people on that head, in the upper counties I think I may safely say nine out of ten are for it. Adieu. My compliments to Mrs. Nelson.

May 19. Yesterday we received the disagreeable news of a second defeat at Quebec. Two men of war, two frigates and a tender arrived there early on the 6th instant. About 11 o’clock the same day the enemy sallied out to the number of a thousand. Our forces were so dispersed at different posts that not more than 200 could be collected at Headquarter’s. This small force could not resist the enemy. All our cannon, 500 muskets & 200 sick men fell into their hands. Besides this one of their frigates got possession of a batteau with 30 barrels of powder & an armed vessel which our crew was forced to abandon. Our army was to retreat to the mouth of the Sorel.

Genl. Arnold was to set off from Montreal to join them immediately, upon whose rejoining them, it was hoped they might return as far as Dechambeau. Edition: current; Page: [154] General Wooster has the credit of this misadventure, and if he cannot give a better account of it than has yet been heard, I hope he will be made an example of. Generals Thomas and Sullivan were on their way with reinforcements. Arnold had gone up to Montreal on business, or as some say, disgusted by Wooster.

The congress having ordered a new battalion of riflemen to be raised in Virginia, Innis wishes much to be translated to it from the Eastern shore which was so disagreeable to him that he had determined to have resigned.

report of committee on canadian affairs1

Resolved that the Commissioners for Indian affairs in the Northern department be directed to use their utmost endeavors to procure the assistance of the Indians within their department to act against the enemies of the Colonies, that they particularly endeavor to engage them to undertake the reduction of Niagara, engaging on behalf of Congress Edition: current; Page: [155] to pay them 133⅓ dollars for every prisoner they shall take and bring to headquarters, or to the said Commissioners.

Resolved that the Commissioners for Indian affairs in the Middle department be directed to use their utmost endeavors to procure the assistance of the Indians within their department, that they particularly endeavor to engage them to undertake the reduction of Detroit upon the same terms offered the Indians who shall go against Niagara.

Resolved that the Commissioners in each of the said departments be directed to employ one or more able partisans whom the Congress will liberally reward for their exertions in the business to be committed to them.

Resolved that it is the opinion of this Committee that there be raised for the Service of the United Colonies one battalion of Germans1

Resolved that the companies of riflemen from Virginia and Maryland be regimented and that the regiment be compleated to the original number of the Pennsylvania battalion.

Resolved that the Pennsylvania battalion of riflemen be compleated to their original establishment.

Resolved that two Companies of the forces now in the Delaware counties be ordered to Cape May.

Resolved that the Committee appointed to Contract for cannon be directed to procure a number of brass or iron field pieces to be made or purchased immediately [and sent to Canada.]1

Resolved that a proper assortment of Medicenes be sent to Canada.

Resolved that Mr. James Mease be directed to purchase & forward to the Quarter Master general in New York as much cloth for tents as he can procure.

Resolved that proper persons be appointed by Congress to purchase such articles as may be wanted for the use of the soldiers in Canada & send the same to Albany, that they may be forwarded to the army in Canada: and that they be particularly attentive to provide in time a sufficient number of leathern breeches & under waistcoats, and such other winter cloathing as may be necessary for them.

Resolved that the Committee appointed to contract for the making of shoes for the army be directed to forward with all expedition to Edition: current; Page: [157] the Quarter Master in Canada such as are already provided.

Resolved that Prisoners taken by continental arms be not exchanged by any authority but the Continental Congress.

Resolved that it is the opinion of this Committee that all vessels which sailed from the port or harbor of Boston whilst the town of Boston was in possession of the enemy, having on board the effects belonging to the enemies of America & which have been or may be seized be liable, together with the said effects, to confiscation; in the same manner and proportions as have been heretofore resolved by Congress.

Resolved that the Continental agents in the respective colonies where no courts have been established for the trial of captures have power & be directed to dispose at public sale of such articles of a perishable nature as shall be taken from the enemies of America, and that the money arising from such sale be liable to the decree of such court whenever established.

Resolved that the inventory of the Ordinance Stores taken by Capt. Manly be sent to General Washington, & that he be requested to appoint a person on the part of the Colonies to join one on the part of Captain Manly & his crew, who, having first taken an oath for that purpose, shall proceed to value the same, & if they cannot agree in the value they Edition: current; Page: [158] shall call in a third person to determine the same: that the report of such persons be returned to Congress so soon as may be, and the value of the stores belonging to Captn. Manly & his crew be thereupon transmitted them.

proposed constitution for virginia1

report on cedars cartel1

The Committee to whom were re-committed the Cartel between Brigadier General Arnold & captain Forster for the exchange of prisoners & the several papers relating thereto have had the same under Edition: current; Page: [184] their consideration and agreed to the following report.

Your committee having proceeded to make enquiry into the facts relating to the agreement entered into at St. Anne’s between Brigadier General Arnold & Capt. Forster, find a part of them well authenticated and others not, yet being apprehensive that silence on the part of Congress may be construed by some into a ratification of the said agreement they have thought it best to state the same as they appear at present, with such resolutions as they will justify if found true, reserving final decision till the whole truth shall be accurately enquired into & transmitted to Congress.

Your Committee on the best information they have been able to obtain find:

That on the 24th day of May last a party of the enemy consisting as is said of about 600 men under the command of capt. Forster attacked a post at the Cedars held by a garrison of 350 Con[tinental for]ces, then under the command of Major Butterfield.

That the said post was secured by a Stoc[kade of wood?] to cover the garrison from the enemy’s musquetry, that there were mounted therein two field pieces, & that the enemy had no cannon.

That the said garrison had ammunition & provisions sufficient to have lasted them ten days, that they had reason to expect immediate reinforcements in a few days,1 which on a requisition from themselves, was actually on it’s way from Montreal, and moreover were so near the main body of the army Edition: current; Page: [185] that they could not doubt being joined by detachments from thence sufficient to oblige the enemy to retire.

That the enemy for two days kept up only a scattering fire, by which not a single man of the garrison was killed or wounded, & that on the third day the garrison surrendered themselves prisoners of war having capitulated for the preservation of their own baggage from plunder, & that their persons should not be deliver’d into the hands of the savages.1

That the enemy broke the capitulation utterly & immediately on their part. Plundering the garrison of their baggage & stripping the cloathes from their backs, & Delivering the Prisoners into the hands of the Savages.1

That they then proceeded against the reinforcement which was on it’s way consisting of about 150 men under the command of Major Sherburne, that Major Sherburne & his party engaged & fought them with bravery; but being at length surrounded by numbers greatly superior and informed that the fort and garrison were already in the hands of the enemy, they were obliged to surrender themselves prisoners of war also; but whether on capitulation or not your committee are not informed.

That after they had put themselves into the hands of the enemy, the said enemy murdered two of them, butchering the one with tomahawks & drowning the other; and left divers others exposed on an island naked and perishing with cold & famine.

That by this time Brigadier General Arnold who Edition: current; Page: [186] had been detached by Major General Thomas to relieve the fort at the Cedars, approached & was making dispositions to attack the enemy.

That capt. Forster, thereupon notified1 General Arnold, that if he attacked him, the prisoners, then 500 in number, would every man of them be put to death; & proposing at the same time an exchange of [torn out.]

Arnold was extremely averse to entering on any agreement of that kind, & was at length induced to do it by no other motive than that of saving the prisoners from cruel & inhuman death, threatened in such terms as left no doubt it was to be perpetrated.

That agreement was thereupon entered into between Brigadr. Genl. Arnold & capt. Forster, bearing date at St. Anne’s, on the 27th day of May, whereby the s̃d Forster stipulated that he would deliver up all the said prisoners except such as were1 Canadians, to Genl. Arnold; who agreed on the other part that so many of equal rank & condition should be returned to the enemy of those taken by our arms on former occasions. That the prisoners so stipulated to be given up to the enemy were not in the possession of Genl. Arnold, nor under his direction but were at that time distributed through various parts of the continent under the orders of this house.

That capt. Forster in violation of this agreement also detained a considerable number of the prisoners he had thus stipulated to deliver, & sent them into the Indian countries for purposes unknown.

Whereupon your Committee have come to the following resolutions.

Resolved that it is the opinion of this Committee that plundering the baggage of the garrison at the Cedars, stripping them of their clothes, & deliverg the Prisonr into ye hands of the Savages1 was a breach of the capitulation on the part of the enemy, for which satisfaction ought to be demanded.

Resolved that the murder of two of the prisoners of war was a gross and barbarous violation of the laws of nature & nations, for which satisfaction should be made by the enemy by delivering into our hands either captain Forster or the individuals concerned in committing the murder.

Resolved that the agreement entered into at St. Anne’s was a mere sponsion on the part of Brigadr. Genl. Arnold, he not being invested with the powers for the absolute disposal of the Continental prisoners in general; and that therefore it is subject to be ratified or annulled at the discretion of this house, the sole representative of the United Colonies.2

Resolved that it is the opinion of this committee that Major Sherburne & his party having fought as men should do, so much of the said sponsion as relates to their exchange should be ratified & confirmed by this house; & that an equal number of captives from the enemy, of the same rank & condition Edition: current; Page: [188] should be restored to them as stipulated by the said sponsion.

Resolved that [torn out] opinion of this com. [torn out] the said sponsion as relates to the exchange of Major Butterfield & the garrison surrendering with him, ought not to be ratified: because we should redeem none but those who will fight, and because too the said sponsion excepted the Canadian prisoners, & we will in no case admit a distinction of countries among men fighting in the same cause.

Resolved therefore that the said Major Butterfield & garrison should still be considered as prisoners of war, appertaining to the enemy; but as by the actual murder of two of the prisoners & the threats at St. Anne’s to put the others to death, the enemy are found capable of destroying their captives, the s̃d prisoners ought not to be put into their hands, but should be permitted to remain in their own country; that in the meantime they shall not bear arms nor otherwise act against the enemy, but are bound to demean themselves in all things in the manner of prisoners of war enlarged on their parole, & to hold themselves subject to be recalled by the enemy whenever proper security shall have been given that their lives shall be safe.

Resolved that previous to the delivery of the prisoners to be returned in lieu of majr. Sherburne & those captivated with him, satisfaction be required from the enemy for the murder of the two prisoners by delivering into our hands capt. Forster, or the individuals concerned in perpetrating that horrid act; Edition: current; Page: [189] and likewise restitution for the plunder at the Cedars taken contrary to the faith of the capitulation; and that till such satisfaction & restitution be made, the said prisoners be not delivered.

Resolved that it is the opinion of this committee that if the enemy shall put to death, torture, or otherwise ill treat any of the hostages in their hands, or of the Canadian, or other prisoners captivated by them in the service of the United colonies, recourse must be had to retaliation as the sole means of stopping the progress of human butchery, & that for that purpose punishments of the same kind & degree be inflicted on an equal number of their subjects taken by us, till they shall be taught due respect to the violated rights of nations.

Resolved that it is the opinion of this committee, that a copy of this report be transmitted to the Commander in chief of the Continental forces in Canada, to be by him sent to the British commander there; and that he moreover make further & diligent [torn out] into the facts therein stated, & such others as may [torn out] same subject & rel [torn out] same duly authenticated [torn out] possible despatch [torn out] for their final decision, & that in the meantime the prisoners delivered up by the enemy abstain from bearing arms or otherwise acting against them.1

report on canadian affairs1

The Committee to whom the report from the Com̃mee of the whole house was recommitted, have had the same under their consideration & agreed to the following resolutions.

Resolved that it is the opinion of this Committee that an experienced general be immediately sent into Canada, with power to appoint a deputy adjutant general, a Deputy Quarter-master general, and such other officers as he shall find necessary for the good of the service, and to fill up vacancies in the army in Canada, and notify the same to Congress for their approbation. That he also have power to suspend any officer there till the pleasure of Congress be known, he giving his reasons for so doing in the orders of suspension & transmitting to Congress as soon as possible the charge against such officer. Provided that this power of suspending officers & Edition: current; Page: [191] filling up vacancies shall not be continued beyond the first day of October next.

Resolved that no officer suttle or sell to the soldiers on penalty of being fined one month’s pay & dismissed the service with infamy on conviction before a court martial.

Resolved that the baggage of Officers and soldiers be regulated conformably to the rules in the British armies.

Resolved that all sales of arms, ammunition, cloathing and accoutrements made by soldiers be void.

Resolved that no troops employed in Canada, be disbanded there: that all soldiers in Canada ordered to be disbanded, or whose times of enlistment being expired shall refuse to re-enlist, shall be sent under proper officers to Ticonderoga or such other post on the lakes as the General shall direct, where they shall be mustered, and the arms, accoutrements, blankets, & utensils, which they may have belonging to the public shall be delivered up and deposited in the public store.

Resolved that Doctor Potts be employed in the Continenal service in the Canadian department or at Lake George as the General shall think best: & that his pay be dollars per month. But this appointment is not intended to interfere with the office of Doctr. Stringer.1

Resolved that a Deputy Muster Master General be immediately sent into Canada.

Resolved that the local Commissaries and Quarter Edition: current; Page: [192] masters appointed at the different garrisons or posts shall make weekly returns to the General of the provisions & stores in the places at which they may happen to be stationed.

Resolved that the General to be sent to Canada be directed to view Point au fer and to order a fortress to be erected there if he should think proper.

Resolved that the General officers, Deputy Quarter master general, Local commissaries, Paymaster in Canada, and all other persons there who have received public monies be ordered without delay to render and settle their accounts; on which settlement no General officer shall receive pay as Colonel of a regiment, nor Field officer as Capt. of Company.

Resolved that Commissioners be appointed to settle in Canada the debts due on Certificates given by officers to the Canadians for carriages and other services. & to settle also the accounts for such goods as may have been seized through necessity for the use of the army to be by them finally discharged & that it be given in instruction to them to attend particularly to the case of Mr. Bernard: and also that in settling the certified debts they state carefully the names of all those who have given certificates, the nature of the service, & the time when performed; to return the whole when settled & stated to the board of treasury to be by them finally examined and discharged.1

Resolved that the Deputy Paymaster General be directed to transmit to Congress copies of the particulars before mentioned on the original certificates, Edition: current; Page: [193] with the report & remarks of the commissioners thereon.

Resolved that General Schuyler be directed to make a good waggon road from Fort Edward to Cheshire’s; to clear Wood creek & to construct a Lock at Skenesborough, so as to have a continued navigation for batteaus from Cheshires into Lake Champlain; to erect a grand magazine at Cheshire’s & to secure it by a stockaded fort; to erect a saw mill on Schoon creek; to order skilful persons to survey and take the level of the water’s falling into Hudson’s river near Fort Edward & those which fall into Wood creek & interlock with the former, particularly Jones’s run & Half-way brook, the latter of which is said to discharge itself into Wood creek at Cheshire’s. That he be directed to have a greater number of boats and hands kept on Hudson’s river, at the different stations between Albany & Fort Edward in order to save the expence of waggonage. That he be empowered to appoint proper officers to superintend the carriage by land and transportation by water of provisions, military stores and other things into Canada, that neither waste nor delay may arise therein. That he build with all expedition as many gallies and armed vessels as in the opinion of himself & the General officer to be sent into Canada shall be sufficient to make us indisputably masters of the lakes Champlain & George: for which purpose it is the opinion of this Committee there should be sent to him a master carpenter acquainted with the construction of the gallies used on the Delaware, who should take with him other carpenters, & models also Edition: current; Page: [194] if requisite. And that it be submitted to General Schuyler whether a temporary fortification or entrenched camp either at Crown point or opposite to Ticonderoga may be necessary.

Resolved that the Commissary general be directed to supply the army in Canada with provisions, and to appoint proper officers under him to receive and issue the same at the several posts taking the directions of the General; that he be empowered to contract with proper persons in Canada for supplying the army there with fresh provisions; that he be directed to purchase a quantity of Albany peas, and to furnish as much biscuit as may be necessary; and that his pay be raised to one hundred & fifty dollars per month.

Resolved that the Quarter-master General be directed to provide & forward such tents, cloathing and untensils as are wanted for the army in Canada, subject to the direction of the Commander in chief.

Resolved that General Washington be directed to send into Canada such small brass or iron field pieces as he can spare: that he be instructed to issue orders that no certificates be given in future by any but Brigadiers, Quarter-masters & their deputies, or a field officer on a march or officer commanding at a detached post.

Resolved that General Washington be directed to order an enquiry to be made into the conduct of the officers heretofore employed in the Canada department; that the said enquiry be made at such times and places as in his judgment shall be most likely to do justice as well to the public Edition: current; Page: [195] as to the individuals; & that the result of the said enquiry together with the testimonies upon the subject be transmitted to Congress. That moreover all officers accused of cowardice, plundering, embezzlement of public monies & other misdemeanors be immediately brought to trial, and whereas Congress is informed that an opinion has prevailed that officers resigning their commissions are not subject to trial by a Court martial for offences committed previous to such resignation, whereby some have evaded the punishments to which they were liable, it is hereby declared that such opinion is not just.

Resolved that it is the opinion of this Committee that Lieutt. Colonel Burbeck be dismissed from the Continental service for disobedience of orders.1

Resolved that it is the opinion of this Committee that General Washington be authorized to fill up vacancies in the army by issuing Commissions to such officers under the rank of field officers as he shall think proper to supply such vacancies; he making a monthly return to Congress of such appointments which, unless disapproved of by Congress on such return, shall stand confirmed; and that blank commissions be sent to the General for that purpose.

Resolved that the pay of such of the soldiers at New York as have been enlisted at five dollars per month be raised to six dollars and two thirds per month.

Resolved that letters be written to the Convention of New

Resolved that a bounty of Ten dollars be given to every non-commissioned officer and soldier who will enlist to serve for the term of three years.

Resolved that letters be written to the Conventions of New Jersey & New York and to the Assembly of Connecticut recommending them to authorize the Commander in chief in the colony of New York, to call to the assistance of that colony (when necessity shall require it) such of the militia of those colonies as may be necessary; and to afford him such other assistance as the situation of affairs may require. And that it be further recommended to the Convention of New York to empower to said Commander in Chief to impress carriages and water craft when necessary for the public service, and also to remove ships and other vessels in Hudson’s and in the East rivers for the purpose of securing them from the enemy.

Resolved that General Washington be permitted to employ the Indians whom he may take into the service of the United colonies pursuant to a resolution of Congress of the 25 May last in any place where he shall judge they will be most useful, and that he be authorized to offer them a reward of one hundred dollars for every commissioned officer, & of thirty dollars for every private soldier of the King’s troops that they shall take prisoners in the Indian Country or on the frontiers of these colonies.

to william fleming1

—Yours of 22d June came to hand this morning and gratified me much, as this with your former contains interesting intelligence.

Our affairs in Canada go still retrograde, but I hope they are now nearly at their worst. The fatal sources of these misfortunes have been want of hard money with which to procure provisions, the ravages of the small pox with which one half of our army is still down, and an unlucky choice of some officers. By our last letters, Genl. Sullivan was retired as far as Isle au noix with his dispirited army and Burgoyne pursuing him with one of double or treble his numbers. It gives much concern that he had determined to make a stand there as it exposes to great danger of losing him and his army; and it was the universal sense of his officers that he ought to retire. Gen. Schuyler has sent him positive orders to retire to Crown point but whether they will reach him in time enough to withdraw him from danger is questionable. Here it seems to be the opinion of all the General officers that an effectual stand may be made and the enemy not only prevented access into New York, but by preserving a superiority on the lakes we may renew our attacks on them to advantage as soon as our army is recovered from the small pox and recruited. But recruits, tho long ordered, are very difficult to be procured on account of that dreadful disorder.

The Conspiracy at New York is not yet thoroughly developed, nor has any thing transpired, the whole being kept secret till the whole is got through. One fact is known of necessity, that one of the General’s lifeguards being thoroughly convicted was to be shot last Saturday. General Howe with some ships (we know not how many) is arrived at the Hook, and, as is said, has landed some horse on the Jersey shore. The famous major Rogers is in custody on violent suspicion of being concerned in the conspiracy.

I am glad to hear of the Highlanders carried into Virginia. It does not appear certainly how many of these people we have but I imagine at least six or eight hundred. Each effort should be made to keep up the spirits of the people the succeeding three months; which in the Universal opinion will be the only ones in which our trial can be severe.

I wish you had depended on yourself rather than others for giving me an account of the late nomination of delegates. I have no other state of it but the number of votes for each person. The omission of Harrison and Braxton and my being next to the lag give me some alarm. It is a painful situation to be 300 miles from one’s country, and thereby opened to secret assassination without a possibility of self-defence. I am willing to hope nothing of this kind has been done in my case, but yet I cannot be easy. If any doubts has arisen as to me, my country will have my political creed in the form of a “Declaration” &c. which I was lately directed to draw. This will give decisive proof that my own sentiment concurred with the vote they instructed Edition: current; Page: [199] me to give. Had the post been to go a day later we might have been at liberty to communicate this whole matter.

July 2. I have kept open my letter till this morning but nothing more new. Adieu.

declaration of independence1

First Draft

A Declaration by the Representatives of the United States of America in general Congress assembled.

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When in the Course of human Events it becomes necessary for a People to advance from that Subordination, in which they have hitherto remained and to assume among the Powers of the Earth, the equal and independent Station to which the Laws of Nature and of Nature’s God entitle them, a decent Respect to the opinions of Mankind requires that they should declare the Causes, which impell them to the Change.

We hold these Truths to be self evident; that all Men are created equal and independent; that from that equal Creation they derive Rights

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inherent and unalienable; among which are the Preservation of Life, and Liberty, and the Pursuit of Happiness; that to secure these Ends, Governments are instituted among Men, deriving their just Powers from the Consent of the governed; that whenever, any form of Government, shall become destructive of these ends, it is the Right of the People to alter, or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall Seem most likely to effect their Safety and Happiness. Prudence indeed will dictate that Governments long established should not change for light and Edition: current; Page: [202] transient Causes; and accordingly all Experience hath shown, that Mankind are more disposed to Suffer, while Evils are Sufferable, than to right themselves, by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, begun at a distinguish’d Period, and pursuing invariably, the same object, evinces a Design to reduce them under absolute Power, it it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security. Such has been the patient Sufferance of these Colonies; and such is now the Necessity, which constrains them to expunge their former

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Systems of Government. The History of his present Majesty, is a History of unremitting Injuries and Usurpations, among which no one Fact stands Single or Solitary to contradict the uniform Tenor of the rest, all of which have in direct object, the Establishment of an absolute Tyranny over these States. To prove this, let Facts be Submitted to a candid World, for the Truth of which We pledge a Faith, as yet unsullied by falsehood.

He has refused his Assent to Laws the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in Edition: current; Page: [204] their operation, till his Assent should be obtained; and when so suspended he has neglected utterly to attend to them.

He has refused to pass other Laws for the accommodation of large Districts of People, unless those People would relinquish the Right of Representation in the Legislature, a Right inestimable to them and formidable to Tyrants only.

He has dissolved Representative Houses, repeatedly, and continually, Edition: current; Page: [205] for opposing with manly Firmness his Invasions on the Rights of the People.

He has refused, for a long Space of Time after such Dissolutions, to cause others to be elected, whereby the legislative Powers, incapable of annihilation, have returned to the People at large for their Exercise, the state remaining in the mean Time, exposed to all the Dangers of Invasion, from without, and Convulsions within—

He has endeavoured to prevent the Population of these States; for that purpose obstructing the Laws for naturalization of foreigners; refusing to pass others to encourage their Migrations hither; and raising the Edition: current; Page: [206] Conditions of new Appropriations of Lands.

He has suffered the Administration of Justice totally to cease in some of these Colonies, refusing his Assent to Laws for establishing Judiciary Powers.

He has made our Judges dependent on his Will alone, for the Tenure of their offices, and amount of their Salaries:

He has created a Multitude of new offices by a Self-assumed Power, and sent hither swarms of officers to harrass our People and eat out their Substance.

He has kept among us, in Times of Peace, Standing Armies and Ships of War.

He has affected Edition: current; Page: [207] to render the military, independent of, and Superiour to, the civil Power.

He has combined with others to subject us to a Jurisdiction foreign to our Constitution and unacknowledged by our Laws; giving his Assent to their pretended Acts of legislation; for quartering large Bodies of armed Troops among us; for protecting them by a Mock Tryal from Punishment for any Murders they should commit on the Inhabitants of these States; for cutting off our Trade with all Parts of the World; for imposing Taxes on us without our Consent; for depriving Us of the Benefits of Trial by Jury; for transporting us beyond Seas to be tried for pretended offenses, Edition: current; Page: [208] for taking away our Charters, and altering fundamentally the Forms of our Government; for suspending our own Legislatures and declaring themselves invested with Power to legislate for us in all Cases whatsoever.

He has abdicated Government here, withdrawing his Governors, and

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declaring us, out of his Allegiance and Protection.

He has plundered our Seas, ravaged our Coasts, burnt our towns, and destroyed the Lives of our People.

He is at this Time transporting large Armies of foreign Mercenaries to complete the Works of death, Desolation, and Tyranny, already begun with Circumstances of Cruelty and Perfidy unworthy the Head of a civilized Nation.

He has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages, whose known Rule of Warfare is an undistinguished Destruction of all Ages, Sexes, and Edition: current; Page: [210] Conditions of existence.

He has incited treasonable Insurrections of our Fellow Citizens, with the allurement of Forfeiture and Confiscation of our Property.

He has waged cruel War against human Nature itself, violating its most sacred Rights of Life and Liberty in the Persons of a distant People who never offended him, captivating and carrying them into Slavery in another Hemisphere, or to incur miserable Death, in Edition: current; Page: [211] their Transportation thither. This piratical Warfare, the opprobrium of infidel Powers, is the Warfare of the Christian King of Great Britain.

He has prostituted his Negative for Suppressing every legislative Attempt to prohibit or to restrain an execrable Commerce, determined to keep open a Markett where Men should be bought and sold, and that this assemblage of Horrors might want no Fact of distinguished Die

He is now exciting those very People to rise in Arms among us, and to purchase their Liberty of which he has deprived them, by murdering the People upon whom he also obtruded them: thus paying off, former Edition: current; Page: [212] Crimes committed against the Liberties of one People, with Crimes which he urges them to commit against the Lives of another.

In every stage of these oppressions we have petitioned for redress, in the most humble Terms; our repeated Petitions have been answered by repeated Injury. A Prince, whose Character is thus marked by every Act which may define a Tyrant, is unfit to be the Ruler of a People who mean to be free.—future ages will scarce believe, that the Hardiness of one Man, adventured, within the Short Compass of twelve years only, on so many Acts of Tyranny, without a Mask, over a People, fostered and fixed in the Principles of Liberty.

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Nor have we been wanting in Attentions to our British Brethren. We have warned them from Time to Time of attempts of their Legislature to extend a Jurisdiction over these our States. We have reminded them of the Circumstances of our Emigration and Settlement here, no one of which could warrant so strange a Pretension. That these were effected at the expense of our own Blood and Treasure, unassisted by the Wealth or the Strength of Great Britain; that in constituting indeed, our Several Forms of Government, we had adopted one common King, thereby laying a Foundation for Perpetual League and Amity with them; but Edition: current; Page: [214] that Submission to their Parliament, was no Part of our Constitution, nor ever in Idea, if History may be credited; and we appealed to their Nature, Justice and Magnanimity, as well as to the Ties of our common Kindred to disavow these usurpations, which were likely to interrupt our Correspondence and Connection. They too have been deaf to the Voice of Justice and of Consanguinity, and when occasions have been given them by the regular Course of their Laws of removing from their Councils, the Disturbers of our Harmony, they have by their free Election, re-established them in Power. At this very Time too, they are permitting their Chief Edition: current; Page: [215] Magistrate to send over not only soldiers of our common Blood, but Scotch and foreign Mercenaries, to invade and deluge us in Blood. These Facts have given the last Stab to agonizing affection, and manly Spirit bids us to renounce forever these unfeeling Brethren. We must endeavour to forget our former Love for them, and to hold them, as we hold the rest of Mankind, enemies in War, in Peace Friends. We might have been a free and a great People together but a Communication of Grandeur and of Freedom it seems is below their Dignity. Be it so, since they will have it: The Road to Happiness and to Glory is open to us too; we will climb it, Edition: current; Page: [216] apart from them, and acquiesce in the Necessity which denounces our eternal Separation.

We therefore the Representatives of the United States of America, in General Congress assembled, do, in the Name, and by the Authority of the good People of these States, reject and renounce all Allegiance and Subjection to the Kings of Great Britain, and all others, who may hereafter claim by, through, or under them; We utterly dissolve and break off, all political Connection which may have heretofore subsisted between us and the People or Parliament of Great Britain, and finally we do assert and declare these Colonies to be free and independent Edition: current; Page: [217] States, and that as free and independent States they shall hereafter have Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which independent States may of Right do. And for the Support of this Declaration, we mutually pledge to each other our Lives, our Fortunes, and our Sacred Honour.

to richard henry lee1

—For news, I refer you to your brother, who writes on that head. I enclose a copy of the Declaration of Independence, as agreed to by the House, and also as originally framed: you will judge whether it is the better of worse for the critics. I shall return to Virginia after the 11th of August. I Edition: current; Page: [218] wish my successor may be certain to come before that time: in that case, I shall hope to see you, and not Wythe, in convention, that the business of government, which if of everlasting concern, may receive your aid. Adieu, and believe me to be your friend and servant.

to george wythe1

The dignity and stability of government in all its branches, the morals of the people, and every blessing of society, depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislature and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that. The judges, therefore, should always be men of learning and experience in the laws, of exemplary morals, great patience, calmness and attention; their minds should not be distracted with jarring interests; they should not be dependent upon any man or body of men. To these ends they should hold estates for life in their offices, or, in other words, their commissions should be during good behavior, and their salaries ascertained and established by law.

For misbehavior, the grand inquest of the colony, the house of representatives, should impeach them before the governor and council, when they should have time and opportunity to make their defence; but if convicted, should be removed from their offices, Edition: current; Page: [219] and subjected to such other punishment as shall be thought proper.

notes of rules for continental congress.1

No person to read printed papers.

Every colony present, unless divided, to be counted.

No person to vote unless present when question put.

No person to walk while question putting.

Every person to sit while not speaking.

Orders of day at 12 o’clock.

Amendments first proposed to be first put.

Commit. or officers to be named before balot.

Call of the house every morn. absentees to be noted & ret’d to Convent.

No members to be absent without leave of house or written ord. of Conventn on pain of being ret’d to Conventn.

to edmund pendleton2

I am sorry the situation of my domestic affairs, renders it indispensably necessary that I should Edition: current; Page: [220] solicit the substitution of some other person here in my room. The delicacy of the House will not require me to enter minutely into the private causes which render this necessary. I trust they will be satisfied. I would not urge it again, were it not unavoidable. I shall with cheerfulness continue my duty here till the expiration of our year by which time I hope it will be convenient for my successor to attend.

resolution for rotation of members of continental congress1

To prevent every danger which might arise to American freedom by continuing too long in office the members of the Continental Congress, to preserve to that body the confidence of their friends, and to disarm the malignant imputation of their enemies: It is earnestly recommended to the several Provinces, Assemblies or Conventions of the United colonies that in their future elections of delegates to the Continental Congress one half at least of the persons chosen be such as were not of the delegation next preceeding, and the residue be of such as shall not have served in that office longer than two years. And that their deputies be chosen for one year, with power to adjourn themselves from time to time & from place to place as occasions may require, and also Edition: current; Page: [221] to fix the time & place at which their successors shall meet.

to francis eppes1

—Yours of the 3rd inst. came to day. I wish I could be better satisfied on the point of Patty’s recovery. I had not heard from her at all for two posts before, and no letter from herself now. I wish it were in my power to return by way of the Forest, as you think it will be impracticable for Mrs. Eppes to travel to the mountains. However, it will be late in August before I can get home, and our Convention will call me down early in October. Till that time, therefore, I must defer the hope of seeing Mrs. Eppes and yourself. Admiral Howe is himself arrived at New York, and two or three vessels, supposed to be of his fleet, were coming in. The whole is expected daily.

Washington’s numbers are greatly increased, but we do not know them exactly. I imagine he must have from 30 to 35,000 by this time. The enemy the other day ordered two of their men-of-war to hoist anchor and push by our batteries up the Hudson River. Both wind and tide were very fair. They passed all the batteries with ease, and, as far as is known, without receiving material damage; though there was an incessant fire kept up on them. This experiment of theirs, I suppose, is a prelude to the passage of their whole fleet, and seems to indicate an Edition: current; Page: [222] intention of landing above New York. I imagine General Washington, finding he cannot prevent their going up the river, will prepare to amuse them whenever they shall go. Our army from Canada is now at Crown Point, but still one half down with the smallpox. You ask about Arnold’s behavior at the Cedars. It was this. The scoundrel, Major Butterfield, having surrendered three hundred and ninety men, in a fort with twenty or thirty days’ provision, and ammunition enough, to about forty regulars, one hundred Canadians, and five hundred Indians, before he had lost a single man—and Maj. Sherburne, who was coming to the relief of the fort with one hundred men, having, after bravely engaging the enemy an hour and forty minutes, killing twenty of them and losing twelve of his own, been surrounded by them, and taken prisoners also —Gen. Arnold appeared on the opposite side of the river and prepared to attack them. His numbers I know not, but believe they were about equal to the enemy. Capt. Foster, commander of the king’s troops, sent over a flag to him, proposing an exchange of prisoners for as many of the king’s in our possession, and, moreover, informed Arnold that if he should attack, the Indians would put every man of the prisoners to death. Arnold refused, called a council of war, and, it being now in the night, it was determined to attack next morning. A second flag came over; he again refused, though in an excruciating situation, as he saw the enemy were in earnest about killing the prisoners. His men, too, began to be importunate for the recovery of their fellow-soldiers. A third Edition: current; Page: [223] flag came, the men grew more clamorous and Arnold, now almost raving with rage and compassion, was obliged to consent to the exchange and six days suspension of hostilities, Foster declaring he had not boats to deliver them in less time. However, he did deliver them so much sooner as that before the six days were expired, himself and party had fled out of all reach. Arnold then retired to Montreal. You have long before this heard of Gen. Thompson’s defeat. The truth of that matter has never appeared till lately. You will see it in the public papers. No men on earth ever behaved better than ours did. The enemy behaved dastardly. Col. Allen (who was in the engagement) assured me this day, that such was the situation of our men, half way up to the thighs in mud for several hours, that five hundred men of spirit must have taken the whole; yet the enemy were repulsed several times, and our people had time to extricate themselves and come off. It is believed the enemy suffered considerably. The above account of Arnold’s affair you may rely on, as I was one of a committee appointed to inquire into the whole of that matter, and have it from those who were in the whole transaction, and were taken prisoners.

My sincere affections to Mrs. Eppes, and adieu.

to the pennsylvania convention1

—The honble the convention of Virga attending to the inconveniencies which may arise from an unsettled jurisdn in the neighborhood of fort pitt, have instructed us to propose to your honorable house to agree on some temporary boundary which may serve for preservation of the peace in that territory until an amicable and final determination may be had before arbiters mutually chosen. Such temporary settlement will from its nature do predjudice to neither party when at any future day a complete informn of facts shall enable them to submit the doubt to a just & final decision. We can assure you that the colony of Virga does not entertain a wish that one inch should be added to theirs from the territory of a sister colony & we have a perfect confidence that the same just sentiments prevails in your house. Parties thus disposed can scarcely meet with difficulty in adjusting either a temporary or a final settlement. The decision, whatever it be, will not annihilate the lands. They will remain to be occupied by Americans & whether these be counted in the numbers of this or that of the United States will be thought a matter of little moment. We shall be ready to confer on this subject with any gentleman you may please to Edition: current; Page: [225] appoint for that purpose & am Sir, with every sentiment of respect.

notes on virginia-pennsylvania boundary

If the Monongahela is the line it will throw 300 Virginia families into Pennsylva. Most of these live below the Yohiogany & Monongahela. Not one third of that number of Pennsylvanians would be thrown on the Virginia side.

If the Laurel hill is the boundary it will place on the Virginia side all the Virginia settlers, & about 200 families of Pennsylvania settlers.

A middle line is thought to be just. Braddock’s old road crosses the Yohiogany in the Allegany mountain. Then turns along by the head of the Redstone on the West side of the Yohiogany & crosses the Laurel hill about 6 miles from Stewart’s (or Hart’s) crossing, then crosses the river at Stewart’s crossing, Jacob’s creek 4 m above mouth, Swiglie1 5 m above mouth, then goes down to the Monongahela about 2 m below the mouth of Yohiogany then recrosses it within a mile & there stopped. A line then run from the mouth of the Turtle cr. to the mouth of the first creek that empties into the Allegany above Croghans.

This would give tolerable satisfaction to Virginia, would throw about 150 Pennsylvas into Virga & about 20 or 30 Virginians into Pennsylvana. The 150 Pennsylvs live in such manner dispersed on the Edition: current; Page: [226] Yohiogany and Monongahela that no line will throw them into Pennsylva.

If Braddock’s road cannot be established, the Laurel hill & Yohiogany might do without great uneasiness, & so from the mouth of the Turtle as before.

to the governor of virginia1 (patrick henry)

We were informed a few weeks ago that 5000 lb. of lead imported by our colony were landed at Fredsbgh. As it appeared very unlikely it should be wanting in Virga, and the flying camp forming in the Jerseys, in the face of a powerful enemy, are likely to be in distress for this article, we thought we should be wanting to the public cause, which includes that of our own country, had we hesitated to desire it to be brought here. Had the wants of the camp admitted the delay of an application to you we should most certainly have waited an order from you, but their distress is instantaneous. Even this supply is insufficient. The army in Canada, & the army in N. York will want much lead & there seems to be no certain source of supply unless the mine in Virga can be rendered such. We are therefore by direction of Congress to beg further you will be pleased to send them what lead can be spared from Wmburgh, and moreover order 15 or 20 tons to be brought here immediately from the mine.

We take the liberty of recommending the lead mines to you as an object of vast importance, We think it impossible they can be worked to too great an extent. Considered as perhaps the sole means of supporting the American cause, they are inestimable. As an article of commerce to our colony, too, they will be valuable; & even the waggonage, if done either by the colony or individuals belonging to it, will carry to it no trifling sum of money. We enclose you a resoln of Congress of the subjects of forts & garrisons on the Ohio.

Several vacancies having happened in our battalions, we are unable to have them filled for want of a list of the officers stating their seniority. We must beg the favor of you to furnish us with one. We received from Colo. R. H. Lee a resolution of Convention recommending us to endeavor that the promotions of the officers be according to seniority without regard to regiments or companies. In one instance indeed the Congress reserved to themselves a right of departing from seniority; that is where a person either out of the line of command, or in an inferior part of it, has displayed eminent talents. Most of the the general officers have been promoted in this way. Without this reservation the whole continent must have been supplied with general officers from the Eastern colonies, where a large army was formed & officered before any other colony had occasion to raise troops at all, & a number of experienced, able & valuable officers must have been lost to the public merely from the locality of their situation.

The resolution of our Convention on the subject of Edition: current; Page: [228] salt we shall lay before Congress. The Convention of Pennsylva did not proceed to business yesterday for want of a quorum. As soon as they do we shall lay before them the proposition from our convention on the differences at fort pitt, & communicate to you the result.

We are your Excys.

to col. fielding lewis

We were informed a few weeks ago that 5000 lb. of lead imported on acct, of our colony were landed at Fredsbgh. There appears scarcely a possibility it should be wanting in Virga., more especially when we consider the supplies which may be expected from the mines of that colony. The flying camp now forming in the Jerseys & which will be immediately in the face of a powerful enemy is likely to be in great want of that article. Did their wants admit of delay of an application to the governor we should have applied to him & have not a doubt he would order it hither. But circumstances are too pressing, & we are assured we should incur the censures of our country were we to permit the public cause to suffer essentially while the means of preventing it (tho not under our immediate charge) are within our reach. We therefore take the liberty of desiring you to stop so many of the powder waggons now on their way to Wmsburgh as may be necessary & return them immediately with this lead, & whatever more you can collect sending the powder on by other Edition: current; Page: [229] waggons. But should the lead have been sent to Wmsburgh the waggons may then proceed on their Journey & the Govr. to whom we have written will take care of the matter.1

to john page2

—On the receipt of your letter we enquired into the probability of getting your seal done here. We find a drawer and an engraver here both of whom we have reason to believe are excellent in their way. They did great seals for Jamaica and Barbadoes both of which are said to have been well done, and a seal for the Philosophical society here which we are told is excellent. But they are expensive, and will require two months to complete it. The drawing the figures for the engraver will cost about 50 dollars, and the engraving will be still more. Nevertheless as it would be long before we could consult you and receive an answer, as we think you have no such hands, and the expence is never to be incurred a second time we shall order it to be done. I like the device of the first side of the seal much. The second I think is too much crowded, nor is the design so striking. But for god’s sake what is the “Deus nobis haec otia facit”? It puzzles every body here; if my country really enjoys that otium, it is singular, as every other colony seems to be hard Edition: current; Page: [230] struggling. I think it was agreed on before Dunmore’s flight from Gwyn’s island so that it can hardly be referred to the temporary holiday that has given you. This device is too ænigmatical, since it puzzles now, it will be absolutely insoluble fifty years hence.

I would not advise that the French gentleman should come here. We have so many of that country and have been so much imposed on, that the Congress begins to be sore on that head. Besides there is no prospect of raising horse this way. But if you approve of the Chevalier de St. Aubin, why not appoint him yourselves, as your troops of horse are Colonial not Continental.

The 8th battalion will no doubt be taken into Continental pay from the date you mention. So also will be the two written for lately to come to the Jersies. The 7th should have been moved in Congress long e’er now, but the muster roll sent us by Mr. Yates was so miserably defective that it would not have been received, and would have exposed him. We therefore desired him to send one more full, still giving it the same date, and I enclosed him a proper form. If he is diligent we may receive it by next post.

The answer to your public letter we have addressed to the governor.

There is nothing new here. Washington’s and Mercer’s camps recruit with amazing slowness. Had they been reinforced more readily something might have been attempted on Staten Island. The enemy there are not more than 8, or 10,000 strong. Ld Howe has recd. none of his fleet, unless some Highlanders Edition: current; Page: [231] (about 8, or 10 vessels) were of it. Our army at Tyonderoga is getting out of the small pox. We have about 150 carpenters I suppose got there by now. I hope they will out-build the enemy, so as to keep our force on the lake superior to theirs. There is a mystery in the dereliction of Crown-point. The general officers were unanimous in preferring Tyonderoga, and the Field officers against it. The latter have assigned reasons in their remonstrance which appear unanswerable, yet every one acquainted with the ground pronounce the measure right without answering these reasons.

Having declined serving here the next year, I shall be with you at the first session of our assembly. I purpose to leave this place the 11th of August, having so advised Mrs. Jefferson by last post, and every letter brings me such an account of the state of her health, that it is with great pain I can stay here till then. But Braxton purposing to leave us the day after tomorrow, the colony would be unrepresented were I to go, before the 11th. I hope to see Col. Lee and Mr. Wythe here. Tho’ the stay of the latter will I hope be short, as he must not be spared from the important department of the law. Adieu, adieu.

to francis eppes1

—We have nothing new here now but from the southward. The successes there I hope Edition: current; Page: [232] will prove valuable here, by giving new spirit to our people. The ill successes in Canada had depressed the minds of many; when we shall hear the last of them I know not; everybody had supposed Crown Point would be a certain stand for them, but they have retreated from that to Ticonderoga, against everything which in my eye wears the shape of reason. When I wrote you last, we were deceived in General Washington’s numbers. By a return which came to hand a day or two after, he then had but 15,000 effective men. His reinforcements have come in pretty well since. The flying camp in the Jerseys under General Mercer begins to form, but not as fast as exigencies require. The Congress have, therefore, been obliged to send for two of our battalions from Virginia. I hope that country is perfectly safe now; and if it is, it seems hardly right that she should not contribute a man to an army of 40,000 and an army too on which was to depend the decision of all our rights. Lord Howe’s fleet has not yet arrived. The first division sailed five days before he did, but report says it was scattered by a storm. This seems probable, as Lord Howe had a long passage. The other two divisions were not sailed when he came away. I do not expect his army will be here and fit for action till the middle or last of August; in the meantime, if Mercer’s camp could be formed with the expedition it merits, it might be possible to attack the present force from the Jersey side of Staten Island, and get rid of that beforehand; the militia go in freely, considering they leave their harvest to rot in the field.

I have received no letter this week, which lays me under great anxiety. I shall leave this place about the 11th of next month. Give my love to Mrs. Eppes, and tell her that when both you and Patty fail to write me, I think I shall not be unreasonable in insisting she shall.

to john page1

—I am sorry to hear that the Indians have commenced war, but greatly pleased you have been so decisive on that head. Nothing will reduce those wretches so soon as pushing the war into the heart of their country. But I would not stop there. I would never cease pursuing them while one of them remained on this side the Mississippi. So unprovoked an attack & so treacherous a one should never be forgiven while one of them remains near enough to do us injury. The Congress having had reason to suspect the Six nations intended war, instructed their commissioners to declare to them peremptorily that if they chose to go to war with us, they should be at liberty to remove their families out of our settlements, but to remember that they should not only never more return to their dwellings on any terms but that we would never cease pursuing them with war while one remained on the face of the earth; & moreover, to avoid equivocation, to let them know they must recall their young men from Edition: current; Page: [234] Canada, or we should consider them as acting against us nationally. This decisive declaration produced an equally decisive act on their part; they have recalled their young men, & are stirring themselves with anxiety to keep their people quiet, so that the storm we apprehended to be brewing there it is hoped is blown over. Colo. Lee being unable to attend here till the 20th inst I am under the painful necessity of putting off my departure, notwithstanding the unfavorable situation of Mrs Jefferson’s health. We have had hopes till to-day of receiving an authentication of the next year’s delegation, but are disappointed. I know not who should have sent it, the Governor, or President of Convention: but certainly somebody should have done it. What will be the consequence I know not. We cannot be admitted to take our seat on any precedent or the spirit of any precedent yet set! According to the standing rules not only an authentic copy will be required, but it must be entered in the journals verbatim that it may there appear we have right to sit. This seems the more necessary as the quorum is then to be reduced. Some of the newspapers indeed mention that on such a day such & such gentlemen were appointed to serve for the next year, but could newspaper evidence be received. They could not furnish the form of the appointment, not yet that quorum is to be admitted.

Ld. Howe is recruiting fast. Forty odd ships arrived the other day, & others at other times. It is questionable whether our recruits come in so speedily as his. Several valuable West Indian men have Edition: current; Page: [235] been taken & brought in lately, & the spirit of privateering is gaining ground fast. No news from Ticonderoga. I enclose you (to amuse your curiosity) the form of the prayer substituted in the room of the prayer for the King by Mr. Duché, chaplain to the Congress. I think by making it so general as to take in Conventions, assemblies, &c., it might be used instead of that for the parliament. Adieu.

to francis eppes1

—As Col. Harrison was about to have some things packed, I set out upon the execution of your glass commission, and was surprised to find that the whole glass stores of the city could not make out anything like what you desired. I therefore did what I thought would be best, imagining you wanted the number you mentioned at any event, and that not being able to get them of that form, you would take them of any other. I therefore got 4 pint cans, 10s; 2 quart do. 8s; and six half-pint tumblers, 6s., all of double flint. So that there still remains in my hands £4 16s., Pennsylva currcy.

Your teckle is not yet come. It seems the man who had promised to sell it to the gentleman I employed to get it, now raises some difficulties either to get off others which he calls the set, or to enhance the price. However, the gentleman still expects it, and I am after him every day for it. Our galleys at Edition: current; Page: [236] New York have had a smart engagement with the men-of-war which went up the river; it is believed the enemy suffered a good deal. The galleys are much injured, though we lost but two men. The commander writes us word he retired, that he might go and give them another drubbing, which in plain English meant, I suppose, that he was obliged to retire. Gen. Washington commends the behavior of the men much. They lay pretty close to the enemy, and two of the galleys were exposed to the broadside of their ships almost the whole time. The damage done them proves they were in a warm situation. Madison (of the college) and one Johnson, of Augusta, were coming passengers in the New York Packet; they were attacked by one of our armed vessels, and nothing but the intervention of night prevented the packet being taken. She is arrived at New York, and they permitted to come. In a letter by them, we have intelligence that the French ministry is changed, the pacific men turned out, and those who are for war, with the Duke de Choiseul at their head, are taken in. We have also the king’s speech on the prorogation of parliament, declaring he will see it out with us to the bitter end.

The South Carolina army with Clinton Sr., arrived at Staten Island last week, one of their transports, with 5 companies of Highlanders, having first fallen into General Lee’s hands. They now make Lord Howe 12,000 strong. With this force he is preparing to attack. He is embarking his cannon; has launched 8 galleys, and formed his men-of-war into line of battle. From these circumstances, it is believed Edition: current; Page: [237] the attack of New York will be within three or four days. They expect with the utmost confidence to carry it, and they consider our army but as a rude undisciplined rabble. I hope they will find it a Bunker’s Hill rabble. Notwithstanding these appearances of attack, there are some who believe, and with appearance of reason, that these measures are taken by the enemy to secure themselves and not to attack us. A little time will shew. General Arnold (a fine sailor) has undertaken to command our fleet on the lakes. The enemy are fortifying Oswego, and I believe our army there, when recovered from their sickness, will find they have lost a good campaign, though they have had no battle of moment.

My love to Mrs. Eppes. I hope my letter by last post got there time enough to stay Patty with her a while longer. Adieu.

to — 1

—Your’s of Aug. 3. came to hand yesterday; having had no moment to spare since, I am obliged to set down to answer it at a Committee table while the Committee is collecting. My thoughts therefore on the subject you propose will be merely extempore. The opinion that our lands Edition: current; Page: [238] were allodial possessions is one which I have very long held, and had in my eye during a pretty considerable part of my law reading which I found always strengthened it. It was mentioned in a very hasty production, intended to have been put under a course of severe correction, but produced afterwards to the world in a way with which you are acquainted. This opinion I have thought & still think to prove if ever I should have time to look into books again. But this is only meant with respect to the English law as transplanted here. How far our acts of assembly or acceptance of grants may have converted lands which were allodial into feuds I have never considered. This matter is now become a mere speculative point; & we have it in our power to make it what it ought to be for the public good.

It may be considered in the two points of view 1st. as bringing a revenue into the public treasury. 2d. as a tenure. I have only time to suggest hints on each of these heads. 1. Is it consistent with good policy or free government to establish a perpetual revenue? is it not against the practice of our wise British ancestors? have not the instances in which we have departed from this in Virginia been constantly condemned by the universal voice of our country? is it safe to make the governing power when once seated in office, independent of it’s revenue? should we not have in contemplation & prepare for an event (however deprecated) which may happen in the possibility of things; I mean a reacknowledgment of the British tyrant as our king, & previously strip him of every prejudicial possession? Edition: current; Page: [239] Remember how universally the people run into the idea of recalling Charles the 2d after living many years under a republican government.—As to the second was not the separation of the property from the perpetual use of lands a mere fiction? Is not it’s history well known, & the purposes for which it was introduced, to wit, the establishment of a military system of defence?

Was it not afterwards made an engine of immense oppression? Is it wanting with us for the purpose of military defence? May not it’s other legal effects (such of them at least as are valuable) be performed in other more simple ways? Has it not been the practice of all other nations to hold their lands as their personal estate in absolute dominion? Are we not the better for what we have hitherto abolished of the feudal system? Has not every restitution of the antient Saxon laws had happy effects? Is it not better now that we return at once into that happy system of our ancestors, the wisest & most perfect ever yet devised by the wit of man, as it stood before the 8th century.

The idea of Congress selling out unlocated lands has been sometimes dropped, but we have always met the hint with such determined opposition that I believe it will never be proposed.—I am against selling the lands at all. The people who will migrate to the Westward whether they form part of the old, or of a new colony will be subject to their proportion of the Continental debt then unpaid. They ought not to be subject to more. They will be a people little able to pay taxes. There is no equity in fixing upon them Edition: current; Page: [240] the whole burthen of this war, or any other proportion than we bear ourselves. By selling the lands to them, you will disgust them, and cause an avulsion of them from the common union. They will settle the lands in spite of everybody.—I am at the same time clear that they should be appropriated in small quantities. It is said that wealthy foreigners will come in great numbers, & they ought to pay for the liberty we shall have provided for them. True, but make them pay in settlers. A foreigner who brings a settler for every 100, or 200 acres of land to be granted him pays a better price than if he had put into the public treasury 5/ or 5£. That settler will be worth to the public 20 times as much every year, as on our old plan he would have paid in one paiment. I have thrown these loose thoughts together only in obedience to your letter, there is not an atom of them which would not have occurred to you on a moment’s contemplation of the subject. Charge yourself therefore with the trouble of reading two pages of such undigested stuff.

By Saturday’s post the General wrote us that Ld. Howe had got (I think 100) flat bottomed boats alongside, & 30 of them were then loaded with men; by which it was concluded he was preparing to attack, yet this is Tuesday & we hear nothing further. The General has by this last return, 17000 some odd men, of whom near 4000 are sick & near 3000 at out posts in Long Island &c. So you may say he has but 10000 effective men to defend the works of New York. His works however are good & his men in spirits, which I hope will be equal to an addition of many Edition: current; Page: [241] thousands. He had called for 2000 men from the flying camp which were then embarking to him & would certainly be with him in time even if the attack was immediate. The enemy have (since Clinton & his army joined them) 15.000 men of whom not many are sick. Every influence of Congress has been exerted in vain to double the General’s force. It was impossible to prevail on the people to leave their harvest. That is now in, & great numbers are in motion, but they have no chance to be there in time. Should however any disaster befall us at New York they will form a great army on the spot to stop the progress of the enemy. I think there cannot be less than 6 or 8000 men in this city & between it & the flying camp. Our council complain of our calling away two of the Virginia battalions. But is this reasonable. They have no British enemy, & if human reason is of any use to conjecture future events, they will not have one. Their Indian enemy is not to be opposed by their regular battalions. Other colonies of not more than half their military strength have 20 battalions in the field. Think of these things & endeavor to reconcile them not only to this, but to yield greater assistance to the common cause if wanted. I wish every battalion we have was now in New York.—We yesterday received dispatches from the Commissioners at Fort Pitt. I have not read them, but a gentleman who has, tells me they are favorable. The Shawanese & Delewares are disposed to peace. I believe it, for this reason. We had by different advices information from the Shawanese that they should strike us, that this was against their will, but Edition: current; Page: [242] that they must do what the Senecas bid them. At that time we knew the Senecas meditated war. We directed a declaration to be made to the six nations in general that if they did not take the most decisive measures for the preservation of neutrality we would never cease waging war with them while one was to be found on the face of the earth. They immediately changed their conduct and I doubt not have given corresponding information to the Shawanese and Delewares.

I hope the Cherokees will now be driven beyond the Missisipi & that this in future will be declared to the Indians the invariable consequence of their beginning a war. Our contest with Britain is too serious and too great to permit any possibility of avocation from the Indians. This then is the season for driving them off, & our Southern colonies are happily rid of every other enemy & may exert their whole force in that quarter.

I hope to leave this place sometime this month.

I am Dear Sir, Your affectionate friend

P. S. Mr. Madison of the college & Mr. Johnson of Fredsb’gh are arrived in New York. They say nothing material had happened in England. The French ministry was changed.

to john page1

—We have been in hourly expectation of the great decision at New York, but it has not yet Edition: current; Page: [243] happened. About three nights ago an attempt was made to burn the two ships which had gone up the river. One of the two fire-rafts prepared for that purpose grappled the Phenix ten minutes, but was cleared away at last. A tender however was burnt. The two ships came down on Sunday evening and passed all our batteries again with impunity. Ld. Dunmore is at Staten isld. His sick he sent to Halifx, his effective men he carried to Staten isld. & the blacks he shipped off to the West Indies. Two gentlemen who had been taken prisoners by the enemy have made their escape. They say they are now 20,000 & that another division of 5,000 foreigners is still expected. They think Ld Howe will not attack these 10 days, but that he does not wait for his last division, being confident of victory without. One of these informants was captain of a continental vessel going for ammunition. The mate & crew rose & took the vessel. They fell in with the division of the Hessians which came with the Hessian general & were brought to. The general learning from the dethroned captain what had happened, immediately threw the piratical mate into irons, & had the captain to dine with him every day till they got to Halifx where he delivered him, vessel &c. over to the English.—A gentleman who lived some time in this city, but since last winter has become a resident of St. Eustatia writes that by a Dutch ship from Amsterdam they have advice that the states of Holland had refused to renew the prohibition on the exportation of powder to the colonies, or to cede to the English the Scotch brigade in their service, or to Edition: current; Page: [244] furnish them with some men of war asked of them by the British court. This refusal so piqued the ministry that they had been enduced to take several Dutch ships, amongst which he said were two which sailed from that island & were carried to London, another to St. Kitt’s. In consequence of this the Dutch have armed 40 ships of war & ordered 60 more to be built & are raising 20,000 land forces. The French governor in chief of their W. Indies has not only refused to permit a capt of a man of war to make prize of our vessels in their ports but forbidden them to come within gun shot of the ports. The enemy’s men of war being withdrawn from our whole coast to N.York gives us now fine opportunities of getting in powder. We see the effect here already.

Two Canadians who had been captains in our Canadian regiment & who General Gates writes us are known in the army to be worthy of good credit made their escape from St. John’s, & came over to our army from Tyconderoga; & give the following intelligence. The enemy did not fortify any place we abandoned. They had 2000 men at Isle aux noix under Genl. Fraser, 2000 at St. John’s under Carleton & some at Montreal. 250 only had been left at Quebec. It was reported that 4000 English troops which were to have been a part of that army had perished at sea which gave great uneasiness. The fleet brot over timber &c for 50 boats which they attempted to transport by land from the mouth of Sorel to St. John’s, but could not for want of carriages which had been destroyed. Carleton, therefore, employed Canadians to build batteaux at St. Edition: current; Page: [245] John’s. He has rendered himself very odious to the Canadians by levying contributions on them in general & confiscating the estates of all those who follow-lowed our army or who abscond. Great numbers of the Germans desert daily & are anxiously concealed by the inhabitants. 70 Brunswickers disappeared in one day. Their officers are so much afraid of bush-fighting & ambushes that they will not head any parties to pursue the runaways. The men have the same fears, which prevents them from deserting in so great numbers as is supposed they will when once our fleet shall appear cruising on the lake to receive & protect them. Between the 22d & 24th July Carlet on & the other generals abandoned all their posts on this side Sorel except St. John’s with as great precipitation as our poor sick army had done, carrying with them their artillery & provisions. This was occasioned by the arrival and mysterious manœuvres of a fleet at Quebec supposed French, hoisting different colours & firing at Tenders sent from the town to enquire who they were. 200 men were left at Isle aux noix to send them intelligence of our operations, who they say will go down the river if we return into Canada. For this event the Canadians are offering up prayers at the shrines of all their saints. Carleton some time ago hearing that we were returning with a considerable reinforcement was so terrified that he would have retired immediately had not some of his spies come in & informed him of the deplorable situation to which the small pox had reduced our army.—They are recovering health and spirits. Genl. Gates writes that he had accounts of the roads being Edition: current; Page: [246] crowded with militia coming to his assistance. 600 from New Hampshire came in while he was writing his letter, being the first. His fleet had sailed from Tyconderoga to Crown point. Their number and force as follows.

Eight more gallies would be ready to join them in a fortnight when they would proceed down the Cape. General Arnold (who is said to be a good sailor) had undertaken the command. We have 200 fine ship carpenters (mostly sent from here) at work. I hope a fleet will soon be exhibited on that lake such as it never bore. The Indians have absolutely refused Carleton in Canada & Butler at Niagara to have any thing to do in this quarrel, & applaud in the highest terms our wisdom & candour for not requiring them to meddle. Some of the most sensible speeches I ever saw of theirs are on this head, not to be spoken to us, but behind our backs in the councils of our enemies. From very good intelligence the Indians of the middle department will be quiet. That treaty is put off till October. Were it not that it interferes with our Assembly I would go to it, as I think something important Edition: current; Page: [247] might be done there, which could not be so well planned as by going to the spot & seeing its geography. We have great fear that the sending an agent from Virginia to enlist Indians will have ill consequences. It breaks in upon the plan pursued here & destroys that uniformity & consistency of counsels which the Indians have noticed & approved in their speeches. Besides they are a useless, expensive, ungovernable ally.—I forgot to observe that a captain Mesnard of Canada had come to Genl. Gates after the two above mentioned & confirmed their account in almost every article. One of the German deserters travelled with him to within 20 miles of our camp, when he was obliged to halt through fatigue. He passed 3 others of them.—Baron Woedeke is dead, no great loss from his habit of drinking.—The infamous Bedel & Butterfield were ordered by Congress to be tried for their conduct. They have been tried by a Court martial, condemned & broke with infamy. We inclose to you all the Commissions mentioned in the last letter of the delegates, except Innis’s to be forwarded to the Eastern shore immediately, & Weedon’s & Marshall’s who we are informed are on the road hither. Would to God they were in N. York. We wait your recommendation for the 2 vacant majorities. Pray regard militaryment alone. The commissions now sent do not fix the officers to any particular battalion so that the commanding officer will dispose of them. Cannot you make use of any interest with Lee or Lewis to call Innis over to the Western shore. He pants for it, & in my opinion has a right to ask it. Adieu, Adieu.

Davis with the 4000 lb of gun powder & 90 stand of arms for Virgā got into Egg harbour. We have sent waggons for the powder to bring it here, & shall wait your further order. We were obliged to open Van Bibber & Harrison’s letter to the Council of safety of Virgā in order to take out the bill of lading without which it would not be delivered.

resolution to encourage desertions of hessian officers1

The Congress proceeding to take into further consideration the expediency of inviting from the service of his Brittanick majesty such foreigners as by the compulsive authority of their prince may have been engaged therein & sent hither for the purpose of waging war against these states, and expecting that the enlightened minds of the officers having command in those foreign corps will feel more sensibly the agency of the principles urged in our resolution of the 14th instant,2 principles which be derived from the unalterable laws of God & nature cannot be superseded by any human authority or engagement, and willing to tender to them also, as they had before done to the soldiery of their corps a participation of Edition: current; Page: [249] the blessings of peace, liberty, property & mild government, on their relinquishing the disgraceful office on which they have been sent hither: Resolved that they will give all such of the said foreign officers as shall leave the armies of his Britannic majy in America & chuse to become citizens of these states, unappropriated lands in the following quantities and proportions to them & their heirs in absolute dominnion: To a colonel 1,000 acres, to a Lt Col. 800 as. to a Major 600 as. to a Captn 400 as. to an Ensign 200 as. to every non commisd. officer 100 as. & to every other officer or person employed in the sd foreign corps & whose office or employment is not here specifically named, lands in the like proportion to their rank or pay in the sd corps: & moreover that where any officers shall bring with them a number of the sd foreign soldiers, this Congress, besides the lands before promised to the sd officers and soldiers will give to such officers further rewards proportionate to the numbers they shall bring over & suited to the nature of their wants. Provided that such foreign officers or soldiers shall come within over from the sd service before these offers be recalled, or within after a reasonable time.

resolutions on peace propositions1

Resolved that tho’ this Congress, during the dependance of these states on the British crown with Edition: current; Page: [250] unwearied supplications sued for peace & just redress, & tho’ they still retain a sincere disposition to peace; yet as his Britannic majesty by an obstinate perseverance in injury & a callous indifference to the sufferings & the complaints of these states, has driven them to the necessity of declaring themselves independent, this Congress bound by the voice of their constituents, which coincides with their own sentiments, have no power to enter into conference or to receive any propositions on the subject of peace which do not as a preliminary acknowledge these states to be sovereign & independant: & that whenever this shall have been authoritatively admitted on the part of Great Britain they shall at all times & with that earnestness which the love of peace and justice inspires, be ready to enter into conference or treaty for the purpose of stopping the effusion of so much kindred blood.

Resolved that the reproof given by Genl. Washington to Ld Drummond for breach of his parole, & his refusal to give him a pass thro’ the states on so idle an errand and after a conduct so dishonourable, be approved by this house & let it be submitted to the General to take such measures as his prudence will suggest to prevent any evil which may happen to these states by Lord Drummond’s further continuing communication with their enemies.

Resolved that the articles enclosed by Ld Drummond to Ld Howe whereby it is proposed “that it shall be ascertained by calculation what supply towards the general exigency of the state each separate colony shall furnish, to be increased or lessened in Edition: current; Page: [251] proportion to the growth or decline of such colony, & to be vested in the king by a perpetual grant, in consideration whereof Great Britain should relinquish only her claim to taxation over these colonies,” which the sd Ld Drummond suggests “the colonies were disposed not many months ago to have made the basis of a reconciliation with Gr. Britain,” were the unauthorized, officious & groundless suggestions of a person who seems totally unacquainted with either reasonings or the facts which have attended this great controversy; since from its first origin to this day there never was a time when these states intimated a disposition to give away in perpetuum their essential right of judging whether they should give or withhold their money for what purposes they should make the gift, and what should be its continuance.

to the president of the continental congress1 (john hancock)

—Your favor of the 30th together with the resolutions of Congress of the 26th Ult came safe to hand. It would argue great insensibility in me could I receive with indifference so confidential an appointment from your body. My thanks are a poor return for the partiality they have been pleased to entertain for me. No cares for my own person, nor yet for my private affairs would have induced one moment’s hesitation to accept the charge. But Edition: current; Page: [252] circumstances very peculiar in the situation of my family, such as neither permit me to leave nor to carry it, compel me to ask leave to decline a service so honorable & at the same time so important to the American cause. The necessity under which I labor & the conflict I have undergone for three days, during which I could not determine to dismiss your messenger, will I hope plead my pardon with Congress, and I am sure there are too many of that body, to whom they may with better hopes confide this charge, to leave them under a moment’s difficulty in making a new choice. I am, Sir, with the most sincere attachment to your honorable body & and the great cause they support, their and your most obedient humble servt.

notes on religion1

Sabellians. Xⁿ. heretics. That there is but one person in the Godhead. That the ‘Word’ & holy spirit are only virtues, emanations or functions of the deity.

Sorcinians. Xⁿ. heretics. That the Father is the one only god. That the Word is no more than an expression of y^e. godhead & had not existed from all eternity; that Jes. Christ was god no otherwise than by his superiority above all creatures who were put in Edition: current; Page: [253] subjection to him by the father. That he was not a mediator, but sent to be a pattern of conduct to men. That the punishments of hell are n^t. eternal.

Arminians. They think with the Romish church (ag^t. the Calvinists) that there is an universal grace given to all men, & that man is always free & at liberty to receive or reject grace. That God creates men free, that his justice would not permit him to punish men for crimes they are predestinated to commit. They admit the presence of god, but distinguish between fore-knowing & predestinating. All the fathers before St. Austin were of this opinion. The church of Engld founded her article of predestination on his authority.

Arians. Xⁿ. heretics. They avow there was a time when the Son was not, that he was created in time mutable in nature, & like the angels liable to sin; they deny the three persons in the trinity to be of the same essence. Erasmus and Grotius were Arians.

Apollinarians. Xⁿ. heretics. They affirm there was but one nature in Christ, that his body as well as soul was impassive & immortal, & that his birth, death, & resurrection was only in appearance.

Macedonians. Xⁿ. heretics. They teach that the Holy ghost was a meer creature, but superior in excellence to the Angels. See Broughton, verbo ‘Heretics,’ an enumeration of 48. sects of Christians pronounced Heretics.

Locke’s system of Christianity is this: Adam was created happy & immortal; but his happiness was to have been Earthly & Earthly immortality. By sin he lost this—so that he became subject to total death Edition: current; Page: [254] (like that of brutes) to the crosses & unhappiness of this life. At the intercession however of the son of god this sentence was in part remitted. A life conformable to the law was to restore them again to immortality. And moreover to them who believed their faith was to be counted for righteousness. Not that faith without works was to save them; St. James. c. 2. sais expressly the contrary; & all make the fundamental pillars of X^ty to be faith & repentance. So that a reformation of life (included under repentance) was essential, & defects in this would be made up by their faith; i. e. their faith should be counted for righteousness. As to that part of mankind who never had the gospel preached to them, they are 1. Jews.—2. Pagans, or Gentiles. The Jews had the law of works revealed to them. By this therefore they were to be saved: & a lively faith in god’s promises to send the Messiah would supply small defects. 2. The Gentiles. St. Pa. sais—Rom. 2. 13. ‘the Gentiles have the law written in their hearts, i. e. the law of nature: to which adding a faith in God’s & his attributes that on their repentance he would pardon them, they also would be justified. This then explains the text ‘there is no other name under heaven by which a man may be saved,’ i. e. the defects in good works shall not be supplied by a faith in Mahomet Foe, [?] or any other except Christ.

The fundamentals of X^ty as found in the gospels are 1. Faith, 2. Repentance. That faith is every [where?] explained to be a belief that Jesus was the Messiah who had been promised. Repentance was to be proved sincerely by good works. The Edition: current; Page: [255] advantages accruing to mankind from our Saviour’s mission are these.

1. The knolege of one god only.

2. A clear knolege of their duty, or system of morality, delivered on such authority as to give it sanction.

3. The outward forms of religious worship wanted to be purged of that farcical pomp & nonsense with which they were loaded.

4. An inducement to a pious life, by revealing clearly a future existence in bliss, & that it was to be the reward of the virtuous.

The Epistles were written to persons already Christians. A person might be a Xⁿ then before they were written. Consequently the fundamentals of X^ty were to be found in the preaching of our Saviour, which is related in the gospels. These fundamentals are to be found in the epistles dropped here & there, & promiscuously mixed with other truths. But these other truths are not to be made fundamentals. They serve for edification indeed & explaining to us matters in worship & morality, but being written occasionally it will readily be seen that their explanations are adpated to the notions & customs of the people they were written to. But yet every sentence in them (tho the writers were inspired) must not be taken up & made a fundamental, without assent to which a man is not to be admitted a member of the Xⁿ church here, or to his kingdom hereafter. The Apostles creed was by them taken to contain all things necessary to salvation, & consequently to a communion.

Shaftesbury Charact. As the Antients tolerated visionaries & enthusiasts of all kinds so they permitted a free scope to philosophy as a balance. As the Pythagoreans & latter Platonists joined with the superstition of their times the Epicureans & Academicks were allowed all the use of wit & railery against it. Thus matters were balanced; reason had play & science flourished. These contrarieties produced harmony. Superstition & enthusiasm thus let alone never raged to bloodshed, persecution &c. But now a new sort of policy, which considers the future lives & happiness of men rather than the present, has taught to distress one another, & raised an antipathy which if temporal interests could ever do now uniformity of opn, a hopeful project! is looked on as the only remedy agt. this evil & is made the very object of govm’t itself. If magistracy had vouchsafed to interpose thus in other sciences, we should have as bad logic, mathematics & philosophy as we have divinity in countries where the law settles orthodoxy.

Suppose the state should take into head that there should be an uniformity of countenance. Men would be obliged to put an artificial bump or swelling here, a patch there &c. but this would be merely hypocritical, or if the alternative was given of wearing a mask, 99/100 ths must immediately mask. Would this add to the beauty of nature? Why otherwise in opinions? In the middle ages of X^ty opposition to the State opins was hushed. The consequence was, X^ty became loaded with all the Romish follies. Nothing but free argument, raillery & even ridicule will preserve the purity of religion. 2 Cor. 1. 24. Edition: current; Page: [257] the apostles declare they had no dominion over the faith.

A heretic is an impugner of fundamentals. What are fundamentals? The protestants will say those doctrines which are clearly & precisely delivered in the holy Scriptures. Dr. Vaterland would say the Trinity. But how far this character of being clearly delivered will suit the doctrine of the trinity I leave others to determine. It is nowhere expressly declared by any of the earliest fathers, & was never affirmed or taught by the Church before the Council of Nice (Chillingas Pref. § 18. 33.) Iranæus sais ‘who are the clean? those who go on firmly, believing in the Father & in the Son.” The fundamental doctrine or the firmness of the Xⁿ faith in this early age then was to believe in the Father & Son. Constantine wrote to Arius & Alexr treating the question “as vain foolish & impertinent as a dispute of words without sense which none could explain nor any comprehend &c.’ This line is commended by Eusebius (Vit. Constant 1. r. c. 64 &c.) and Socrates (Hist. Eccles. 1. i. c. 7) as excellent admirable & full of wisdom. 2 Middleton. 115. remarks on the story of St. John & [[Editor: illegible word]] “Le saint concil (de Nièce anno 630) ayant defini que le fils de dieu est de meme substance que son pere & qu’il est eternel comme lui, composa une Simbole (the Nicene creed) ou il explique la divinite du pere et du fils et qu’il finit par ces paroles ‘dont le regne n’aura point de fin.’ car la doctrine que regarde le Saint Esprit ne fut ajoutée que dans la seconde concile tenu contre les erreurs de Macedoniens, ou ces questions furent agitées.” Zonaras Edition: current; Page: [258] par Coussin. Ann. 330. The second council meant by Zonoras was that of Constantinople ann. 381. D’hist. Prim. Xty. pref. XXXVIII. 2d app. to pref. 49. The Council of Antioch ann [ ] expressly affirms of our Saviour οὐϰ ἐστιν ὁμουσιοϛ that he was not consubstantial to the father. The Council of Nice affirmed the direct contrary. Dhist. Prim. Xty. Pref. CXXV.

Episcopy. Gr. Επισϰοποϛ. Lat. Episcopus. Ital. Vescovo. Fr. Evesque. Saxon, Byscop. Bishop (overseer). The epistles of Paul to Timothy & Titus are relied on (together with Tradition) for the Apostolic institution of bishops.

As to tradition, if we are Protestants we reject all tradition, & rely on the scripture alone, for that is the essence & common principle of all the protestant churches. As to Scripture 1. Tim. 3. 2. ‘a bishop must be blameless &c. Επισϰοποϛ.’ v. 8.; ‘likewise must the deacons be grave &c. Διαϰονοϛ’ (ministers). C. 5. v. 6, he calls Timothy a ‘minister, Διαϰονοϛ;’ C. 4. v. 14. ‘neglect not the gift that is in thee, which was given thee by prophecy with the laying on the hands of the presbytery, πρεσβυτεριου’; C. 5. ‘rebuke not an elder; Πρεσβυτεροι.’ 5:17;—‘let the elders that rule well, &c. Πρεσβυτεροι.’ 5.19; ‘against an elder (Πρεσβυτεροϛ) receive nt an accusn.’ 5.22. ‘lay hands suddenly on no man, χειραϛ ἐπιτίθει.’ 6.11. He calls Timothy man of God ἄνθρωπε τοῦ θεοῦ, 2. Tim. 1. 6. ‘stir up the gift of god, which is in thee, by the putting on of my hands ‘ἐπιθεσεωϛ των χειρων’ but ante c. 4. v. 14, he said it was by the hands of the presbytery. This imposition of hands then was some ceremony Edition: current; Page: [259] or custom frequently repeated, & certainly is a good proof that Timothy was ordained by the elders (& consequently that they might ordain) as that it was by Paul. 1. 11. Paul calls himself ‘a preacher,’ ‘an apostle,’ ‘a teacher.’ ‘ϰηρυξ, ϰαι αποστολοϛ ϰαι διδασϰαλοϛ.’ Here he designates himself by several synonims as he had before done Timothy. Does this prove that every synonim authorizes a different order of ecclesiastics. 4. 5. ‘do the work of an Evangelist, make full proof of thy ministry’ ἐργον ποιησον εὐαγγελιστου, την διαϰονιαν σου πληροφορεισον.’ Timothy then is called ‘επισϰοποϛ, διαϰονοϛ, ευαγγελιστοϛ.’ ανϑρωποϛ ϑεου.’ 4.11. He tells Tim. to bring Mark with him, for ‘he is profitable to me for the ministry.’ διαϰονιαν. Epist. to Titus. 1. 1, he calls himself ‘a servant of god’ δουλοϛ θεου.’ 1.5. ‘for this cause left I thee in Crete that thou shouldst set in order the things that are wanting, and ordain (ϰαταστησῃϛ) elders in every city, as I had appointed thee.’ If any be blameless, the husband of one wife, having faithful children, not accused of riot or unruly, for a bishop must be blameless as the steward of god &c. Here then it appears that as the elders appointed the bishops, so the bishops appointed the elders, i. e., they are synonims. Again when telling Titus to appoint elders in every city he tells him what kind of men they must be, for said he a bishop must be &c., so that in the same sentence he calls elders bishops. 3.10 ‘a man that is an heretic after the first & second admonition, reject, ‘αἱρετιϰον.’ James 5. 14. ‘is any sick among you? Let him call for the elders (πρεσβυτεροϛ) of the church, & let them Edition: current; Page: [260] pray over him, anointing him with oil in the name of the lord.’

Another plea for Episcopal government in Religion in England is it’s similarity to the political governmt by a king. No bishop, no king. This then with us is a plea for government by a presbytery which resembles republican government.

The clergy have ever seen this. The bishops were alwais mere tools of the crown.

The Presbyterian spirit is known to be so congenial with friendly liberty, that the patriots after the restoration finding that the humour of people was running too strongly to exalt the prerogative of the crown promoted the dissenting interest as a check a and balance, & thus was produced the Toleration Act.

St. Peter gave the title of clergy to all god’s people till Pope Higinus & y^e. succeeding prelates took it from them & appropriated it to priests only. 1 Milt. 230.

Origen, being yet a layman, expounded the scripchures publickly & was therein defended by Alexander of Jerusalem & Theodotn of Cæsarea producing in his behalf divers examples that the privilege of teaching was antiently permitted to laymen. The first Nicene council called in the assistance of many learned lay brethren. ib. 230.

Bishops were elected by the hands of the whole church. Ignatius (the most an^t. of the extant fathers) writing to the Philadelphians sais ‘that it belongs to them as to the church of god to chuse a bishop.’ Camden in his description of Scotl^d sais ‘that over all the world bps had no certain dioces till pope Dionysius Edition: current; Page: [261] about the year 268 did cut them out, & that the bps of Scotl^d extd their function in what place soever they came, indifferently till temp Malcolm 3. 1070.’

Cyprian, epist. 68. sais ‘the people chiefly hath power either of chusing worthy or refusing unworthy bps the council of Nice contrary to the African churches exorts them to chuse orthodox bps in the place of the dead.’ 1 Milt. 254.

Nicephorus Phocas the Greek emperor Ann. 1000 first enacted that no bps sh^d be chozen without his will. Ignatius in his epistle to those of Tra [mutilated] confesseth that the presbyters are his fellowsellers & fellow henchers & Cyprian in the 6. 4. 52. epst. calls the presbyters, ‘his com-presbyters’ yet he was a bps.—A modern bps to be moulded into a primitive one must be elected by the people, undiocest, unrevenued, unlorded. 1 Milt. 255. From the dissensions among sects themselves arises necessarily a right of chusing & necessity of deliberating to which we will conform, but if we chuse for ourselves, we must allow others to chuse also, & to reciprocally. This establishes religious liberty.

Why require those things in order to eccliastical communion which Christ does not require in order to life eternal? How can that be the church of Christ which excludes such persons from its communion as he will one day receive into the kingdom of heaven.

The arms of a religious society or church are exhortations, admonitions & advice, & ultimately expulsion or excommunication. This last is the utmost limit of power.

How far does the duty of toleration extend?

• 1. No church is bound by the duty of toleration to retain within her bosom obstinate offenders against her laws.
• 2. We have no right to prejudice another in his civil enjoiments because he is of another church. If any man err from the right way, it is his own misfortune, no injury to thee; nor therefore art thou to punish him in the things of this life because thou supposeth he will be miserable in that which is to come—on the contrary accdg to the spirit of the gospel, charity, bounty, liberality is due to him.

Each church being free, no one can have jurisdn over another one, not even when the civil magistrate joins it. It neither acquires the right of the sword by the magistrate’s coming to it, nor does it lose the rights of instruction or excommunicn by his going from it. It cannot by the accession of any new member acquire jurisdn over those who do not accede. He brings only himself, having no power to bring others. Suppose for instance two churches, one of Arminians another of Calvinists in Constantinople, has either any right over the other? Will it be said the orthodox one has? Every church is to itself orthodox; to others erroneous or heretical.

No man complains of his neighbor for ill management of his affairs, for an error in sowing his land, or marrying his daughter, for consuming his substance in taverns, pulling down building &^c. in all these he has his liberty: but if he do not frequent the church or there conform to ceremonies, there is an immediate uproar.

The care of every man’s soul belongs to himself. But what if he neglect the care of it? Well what if he neglect the care of his health or estate, which more nearly relate to the state. Will the magistrate make a law that he shall not be poor or sick? Laws provide against injury from others; but not from ourselves. God himself will not save men against their wills.

If I be marching on with my utmost vigour in that way which according to the sacred geography leads to Jerusalem straight, why am I beaten & ill used by others because my hair is not of the right cut; because I have not been dresst right, bec. I eat flesh on the road, bec. I avoid certain by-ways which seem to lead into briars, bec. among several paths I take that which seems shortest & cleanest, bec. I avoid travellers less grave & keep company with others who are more sour & austere, or bec. I follow a guide crowned with a mitre & cloathed in white, yet these are the frivolous things which keep X^ns at war.

If the magistrate command me to bring my commodity to a publick store house I bring it because he can indemnify me if he erred & I thereby lose it; but what indemnification can he give one for the kdom of heaven?

I cannot give up my guidance to the magistrates, bec. he knows no more of the way to heaven than I do, & is less concerned to direct me right than I am to go right. If the Jews had followed their Kings, among so many, what number would have led them to idolatry? Consider the vicissitudes among the Emperors, Arians, Athana &c. or among our princes. Edition: current; Page: [264] H. 8. E. 6. Mary. Elizabeth. Locke’s Works 2d vol.

Why persecute for diff^ce in relig^s opinion?

1. For love to the person.

2. Because of tendency of these opns to dis[[Editor: illegible word]].

1. When I see them persecute their nearest connection & acquaintance for gross vices, I shall believe it may proceed from love. Till they do this I appeal to their own conscences if they will examine, wh. y^e do nt find some other principle.

2. Because of tendency. Why not then level persecution at the crimes you fear will be introduced? Burn or hang the adulterer, cheat &c. Or exclude them from offices. Strange should be so zealous against things which tend to produce immorality & yet so indulgent to the immorality when produced. These moral vices all men acknowledge to be diametrically against X. & obstructive of salvation of souls, but the fantastical points for which we generally persecute are often very questionable; as we may be assured by the very different conclusions of people. Our Savior chose not to propagate his religion by temporal punmts or civil incapacitation, if he had, it was in his almighty power. But he chose to extend it by it’s influence on reason, there by shewing to others how they should proceed.

The commonwealth is ‘a Society of men constituted for protecting their civil interests.’

Civil interests are ‘life, health, indolency of body, liberty and property.’ That the magistrate’s jurisdn extends only to civil rights appears from these considns.

1. The magistrate has no power but w^t y^e people gave.

The people h^ve n^t givⁿ h^m the care of souls bec. y^e c^d not, y^e c^d not, because no man h^s right to abandon y^e care of his salvation to another.

No man has power to let another prescribe his faith. Faith is not faith with^t believing. No man can conform his faith to the dictates of another. The life & essence of religion consists in the internal persuasion or belief of the mind. External forms of worship, when against our belief are hypocrisy & impiety. Rom. 14. 23. “he that doubteth is damned, if he eat, because he eateth not of faith: for whatsoever is not of faith, is sin?”

2. If it be said the magistrate may make use of arguments & so draw the heterodox to truth, I answer, every man has a commission to admonish, exhor^t, convince another of error.

12. A church is ‘a voluntary society of men, joining themselves together of their own accord, in order to the public worshipping of god in such a manner as they judge acceptable to him & effectual to the salvation of their souls.’ It is voluntary bec. no man is by nature bound to any church. The hope of salvation is the cause of his entering into it. If he find anything wrong in it, he should be as free to go out as he was to come in.

13. What is the power of that church. As it is a society it must have some laws for it’s regulation. Time & place of meeting. Admitting & excluding members &^c. Must be regulatⁿ but as it was a spontaneous joining of members, it follows that it’s laws Edition: current; Page: [266] extend to it’s own members only, not to those of any other voluntary society, for then by the same rule some other voluntary society might usurp power over them.

Christ has said ‘wheresoever 2 or 3 are gather^d. togeth in his name he will be in the midst of them.’ This is his definition of a society. He does not make it essential that a bishop or presbyter govern them. Without them it suffices for the salvation of souls.

Compulsion in religion is distinguished peculiarly from compulsion in every other thing. I may grow rich by art I am compelled to follow, I may recover health by medicines I am compelled to take ag^t. my own judgment, but I cannot be saved by a worship I disbelieve & abhor.

Whatsoever is lawful in the Commonwealth, or permitted to the subject in the ordinary way, cannot be forbidden to him for religious uses: & whatsoever is prejudicial to the Commonwealth in their ordinary uses & therefore prohibited by the laws, ought not to be permitted to churches in their sacred rites. For instance it is unlawful in the ordinary course of things or in a private house to murder a child. It should not be permitted any sect then to sacrifice children: it is ordinarily lawful (or temporarily lawful) to kill calves or lambs. They may therefore be religiously sacrificed, but if the good of the state required a temporary suspension of killing lambs, as during a siege, sacrifices of them may then be rightfully suspended also. This is the true extent of toleration.

Truth will do well enough if left to shift for herself. Edition: current; Page: [267] She seldom has received much aid from the power of great men to whom she is rarely known & seldom welcome. She has no need of force to procure entrance into the minds of men. Error indeed has often prevailed by the assistance of power or force. Truth is the proper & sufficient antagonist to error. If anything pass in a religious meeting seditiously and contrary to the public peace, let it be punished in the same manner & no otherwise than as if it had happened in a fair or market. These meetings ought not to be sanctuaries for faction & flagitiousness.

Locke denies toleration to those who entertain opns contrary to those moral rules necessary for the preservation of society; as for instance, that faith is not to be kept with those of another persuasion, that Kings excommunicated forfeit their crowns, that dominion is founded in grace, or that obedience is due to some foreign prince, or who will not own & teach the duty of tolerating all men in matters of religion, or who deny the existence of a god (it was a great thing to go so far—as he himself sais of the parl. who framed the act of tolern but where he stopped short we may go on.)1

He sais ‘neither Pagan nor Mahomedan nor Jew ought to be excluded from the civil rights of the Commonwealth because of his religion.’ Shall we suffer a Pagan to deal with us and not suffer him to pray to Edition: current; Page: [268] his god? Why have X^ns. been distinguished above all people who have ever lived, for persecutions? Is it because it is the genius of their religion? No, it’s genius is the reverse. It is the refusing toleration to those of a different opn which has produced all the bustles and wars on account of religion. It was the misfortune of mankind that during the darker centuries the Xⁿ. priests following their ambition and avarice combining with the magistrate to divide the spoils of the people, could establish the notion that schismatics might be ousted of their possessions & destroyed. This notion we have not yet cleared ourselves from. In this case no wonder the oppressed should rebel, & they will continue to rebel & raise disturbance until their civil rights are fully restored to them & all partial distinctions, exclusions & incapacitations removed.

draft of bill to abolish entails.1

A Bill to enable tenants in tail to convey their lands in fee-simple. Whereas the perpetuation of property Edition: current; Page: [269] in certain families by means of gifts made to them in fee-simple is contrary to good policy, tends to deceive fair traders who give credit on the visible possession of such estates, discourages the holder thereof from taking care & improving the same, and sometime does injury to the morals of youth by rendering them independent of, and disobedient to, their parents; and whereas the former method of docking such estates tail by special act of assembly formed for every particular case employed very much time of the legislature, was burthensome to the public, and also to the individual who made application for such acts:

Be it therefore enacted by1 and it is hereby enacted by authority of the same that any person who now hath, or hereafter may have any estate in fee tail general or special in any lands or slaves in possession, or in the use or trust of any lands or slaves in possession, or who now is or hereafter may be entitled to any such estate tail in reversion or remainder after the determination of any estate for life or lives or of any lesser estate, whether such estate hath been or shall be created by deed, will, act of assembly, or any other ways or means shall have full power to pass, convey, or assure in fee-simple or for any lesser estate the said lands or slaves, or use in lands or slaves or such reversion or remainder therein, or any part or parcel thereof, to any person or persons whatsoever by deed or deeds of feoffment, gift, grant, Edition: current; Page: [270] exchange, partition, lease, release, bargain, and sale, convenant to stand seized to uses, deed to lead uses, or by his last will and testament, or by any other mode or form of conveiance or assurance by which such lands or slaves, or use in lands or slaves, or such reversion or remainder therein might have been passed, conveied or assured had the same been held in feesimple by the person so passing, conveying or assuring the same: and such deed, will or other conveiance shall be good and effectual to bar the issue in tail & those in remainder and revertor as to such estate or estates so passed, conveied, or assured by such deed will or other conveiance.

Provided nevertheless that such deed, will, or other conveiance shall be executed, acknowledged, or proved, and recorded in like manner as, and in all cases where, the same should have been done, had the person or persons so conveying or assuring held the said lands or slaves, or use of lands and slaves or such reversion or remainder in fee-simple.

Amendments to Bill to Abolish Entails1

Line 18. omit ‘have &c. to the end of the bill, & insert ‘from henceforth, or from the commencement of such estate tail, stand ipso facto seized, possessed, or entitled of, in, or to, such lands or slaves or use in lands or slaves so held or to be held as aforesaid in Edition: current; Page: [271] possession, reversion, or remainder in full & absolute fee-simple, in like manner as if such deed, will, act of assembly, or other instrument had conveyed the same to him in fee-simple; any words, limitations, or conditions in the said deed, will, act of assembly, or other instrument to the contrary notwithstanding.

Saving to all & every person & persons, bodies politic and corporate, other than the issue in tail & those in reversion & remainder, all such right title, interest & estate claim & demand, as they, every, or any of them could or might claim, if this act had never been made: and Saving also to such issue in tail & to those in reversion & remainder any right or title which they may have acquired by their own contract for good & valuable consideration actually & bona fide paid or performed.

draft of a bill to remove seat of government1

Whereas great numbers of the inhabitants of this commonwealth must frequently & of necessity resort to the seat of government where general assemblies Edition: current; Page: [272] are convened, Superior courts are held & the Governor & Council usually transact the executive business of government; & the equal rights of all the sd inhabitants require that such seat of government should be as nearly central to all as may be, having regard only to navigation, the benefits of which are necessary for promoting the growth of a town sufficient for the accommodation of those who resort thereto, and able to aid the operations of government: and it has been also found inconvenient in the course of the present war where seats of government have been so situated as to be exposed to the insults & injuries of the public enemy; which dangers may be avoided and equal justice done to all the Citizens of this commonwealth by removing the seat of government to the town of in the county of which is more safe & central than any other town situated on navigable water:

Be it therefore enacted by the general Assembly that six whole squares of ground surrounded each of them by four streets & containing all the ground within such streets situate in the said town of and on an open & airy part thereof shall be appropriated to the use & purpose of public buildings. On one of the sd squares shall be erected one house for the use of the General Assembly to be called the Capitol, which said Capitol shall contain two apartments for the use of the Senate & their clerk, two others for the use of the house of delegates & their clerk, and others for the purposes of Conferences, Committees, & a Lobby, of such forms & dimensions as shall be adapted to their Edition: current; Page: [273] respective purposes. On one other of the sd squares shall be erected another building to be called the Halls [sic] of justice which shall contain two apartments for the use of the court of Appeals & it’s clerk, two others for the use of the High court of Chancery & it’s clerk, two others for the General court & it’s clerk, two others for the use of the Court of Admiralty & it’s clerk, & others for the uses of grand & petty juries, of such forms & dimensions as shall be adapted to their respective purposes; and on the same square last mentioned shall be built a public jail with few apartments for the present but so planned as to admit of addition hereafter. One other of the sd squares shall be reserved for the purpose of building thereon hereafter a house for the several executive boards and offices to be held in. Two others with the intervening street shall be reserved for the use of the governor of this commonwealth for the time being to be built on hereafter. And the remaining square shall be appropriated to the use of a public Market. The said houses shall be built in a handsome manner with walls of brick, or stone & Porticos where the same may be convenient or ornamental, and with pillars & pavements of stone.

There shall be appointed by joint ballot of both houses of assembly five persons to be called the directors of the public buildings, who, or any three of them shall have power to make choice of such squares of ground situate as before directed, as shall be most proper & convenient for the sd public purposes, to agree on plans for the said buildings, to employ proper workmen to erect the same, to superintend Edition: current; Page: [274] them, to procure necessary materials by themselves or by the board of trade, & to draw on the Treasurer of this commonwealth from time to time for such sums of money as shall be wanting; the plans & estimates of which shall be submitted to the two houses of assembly whensoever called for by their joint vote, & shall be subjected to their controul.

And that reasonable satisfaction may be paid & allowed for all such lots of ground as by virtue of this act may be taken & appropriated to the uses aforesaid, the clerk of the county of is hereby empowered & required on requisition from the s^d directors to issue a writ in nature of a writ of Ad quod damnum to be directed to the sheriff of the s^d county commanding him to summon & impanel twelve able & discreet freeholders of the vicinage no ways concerned in interest in the sd lots of land nor related to the owners or proprietors thereof to meet on the sd lots on a certain day to be named in the sd writ not under five nor more than ten days from the date thereof, of which notice shall be given by the sheriff to the proprietors and tenants of the sd lots of land if they be to be found within the county, & if not, then to their agents therein if any they have, which freeholders taking nothing, on pain of being discharged from the inquest & immediately imprisoned by the sheriff, either of meat or drink from any person whatever from the time they come to the sd place until their inquest, seated shall be charged by the sd sheriff impartially & to the best of their skill & judgment to value the sd lots of ground in so many several & distinct parcels as shall be owned & held by several Edition: current; Page: [275] & distinct owners & tenants & according to their respective interests & estates therein, & if the sd valuation cannot be completed in one day then the sd sheriff shall adjourn the sd jurors from day to day until the same be completed; & after such valuation made the sd sheriff shall forthwith return the same under the hands & seals of the sd jurors to the clerk’s office of the sd county, and the right & property of the sd owners & tenants in the sd lots of land shall be immediately divested & be transferred to this commonwealth in full & absolute dominion, any want of consent or disability to consent in the sd owners & tenants notwithstanding.

The costs of the sd inquest & the several sums at which the rights of the owners & tenants are valued shall be paid by the Treasurer to the sd owners, tenants & others entitled respectively on warrant from the Auditors.1

And whereas it may be expedient to enlarge the sd town of by laying off a number of lots to be added, thereto, & it may also happen that some of the lands adjacent to the sd town may be more convenient for the public uses; be it therefore enacted that the sd directors cause two hundred additional lots or half acres, with necessary streets to be laid off adjacent to such parts of the sd town as to them shall seem most convenient and they shall also be at liberty to appropriate the six squares aforesd or any part of them either from among the lots now in the sd town, or those to be laid off as before directed, or of the Edition: current; Page: [276] lands adjacent to the sd former or latter lots; and the sd six squares & two hundred lots shall thenceforth be a part of the sd town, and the sd directors shall return into the clerk’s office of the sd county of there to be recorded, a full & distinct report under their hands and seals of the lots and squares of land added by them to the sd town or appropriated to the public uses, together with a plan thereof, the rights of the several owners & tenants of the lots of land so to be added to the town & not appropriated to the public uses are nevertheless saved to them.

And be it further enacted that from & after the last day of December which shall be in the year of our Lord 1780 the sd Court of Appeals, High Court of Chancery, General Court & Court of Admiralty shall hold their sessions in the apartments prepared for them by the sd directors in the sd Halls of justice; that the first meeting of general assembly after the same day shall be in the said Capitol, that the clerks of the two houses of Assembly and of the several courts before mentioned, shall previously cause to be removed thither at the public expense the records, papers, and other things belonging to their respective offices, and that the keeper of the public jail shall in like manner cause all prisoners in his custody to be removed to the public jail to be built as before directed, which shall thenceforward be deemed and used as the public jail spoken of by the laws whether heretofore or hereafter passed.

draft of a bill for raising six additional battalions of infantry on the continental establishment1

Whereas it has been thought necessary by the American Congress that the armies of the United States should be augmented to eighty eight battalions to be enlisted to serve during the continuance of the present war unless sooner discharged, & that fifteen of the said battalions should be furnished by this Commonwealth; and the said Congress by their resolutions have engaged to give to every noncommissioned officer & private soldier a present bounty of twenty dollars (an annual bounty of a suit of clothes, to consist for the present year of two linen hunting shirts, two pr of overalls, a leathern or woollen waistcoat with sleeves, one pr of breeches, a hat or leathern cap, 2 shirts, 2 pr of hose, & 2 pr of shoes, amounting in the whole to the value of 20 dollars or that sum to be paid to each soldier who shall procure those articles for themselves) & to provide the following portions of lands to be given at the close of the war, or whensoever discharged to the officers and soldiers who shall engage in the said service, or to their representatives if slain by the enemy; to wit, to every noncommissioned officer or soldier one hundred acres, to every ensign one hundred and fifty Edition: current; Page: [278] acres, to every Lieutenant two hundred acres, to every captain three hundred acres, to every Major four hundred acres, to every Lieutt. Colonel four hundred & fifty acres & to every Colonel five hundred acres.

And whereas there are already in the Continental service eight battalions of regulars raised in this Commonwealth who were enlisted to serve for certain terms only, and one other battalion, formerly in the same service & dissolved by the expiration of the time of their enlistment, has been ordered to be reestablished by new levies; which nine battalions are to be taken as part of the fifteen from this commonwealth provided they shall re-enlist for the continuance of the war: and there are also in the service of this commonwealth (nine companies of marines &) five companies of land forces stationed at different posts on the river Ohio whom it may be expedient to engage in the six new battalions now necessary to be raised to complete the said number of fifteen battalions.

Be it therefore enacted by the General Assembly of the Commonwealth of Virginia that1 it shall & may be lawful for the governor with the advice of his privy council & he & they are hereby required to take such measures as to them shall seem most expedient for engaging the said nine battalions & also so many (of the sd Marines &) of the companies Edition: current; Page: [279] stationed on the Ohio as shall be willing to be of the Armies of the United States on the new establishment before recited; & for that purpose to give recruiting Powers to the officers commanding the same, or to send special Commissioners if that measure shall appear more effectual, or to adopt any other ways or means most likely to procure their speedy enlistment.

[1 And whereas it will be necessary, in order to augment & form the said Marines into one complete battalion, that an additional company or companies should be raised for that purpose, but the numbers which may be wanting of officers & men being now unknown, the appointing & raising the same cannot be precisely directed, be it therefore enacted that it shall & may be lawful for the governor by warrant under his hand to authorize such of the County committees as he shall think proper to appoint such & so many captains & other inferior officers as may be wanting completely to officer the said battalion, who shall immediately proceed to raise their quotas of men: & in case any officers of the Marines engaging in the sd service shall fail to raise the quota of men hereafter prescribed for his office before the day of next it shall be lawful for the governor with the advice of the privy council either to appoint another in his stead or to continue him as shall appear most likely to expedite the raising his said quota.

And be it farther enacted that the Committees for Edition: current; Page: [280] the counties of Fincastle, Botetourt, East-Augusta, & Hampshire shall each of them appoint one captain, 2 Lieutenants, one Ensign & four sergeants to be added to the officers of the five companies stationed on the Ohio or to such of them as shall be willing to engage as aforesaid in the Continental service & shall with them be formed into one battalion; provided that if all or any of the officers of the sd five companies stationed on the Ohio shall refuse to enter into the sd service it shall be lawful for the Committee of the county from which such officer or officers received his or their appointment to appoint others in their room.]1

And for raising the sd six additional battalions be it further enacted that the committee for the district of West Augusta shall have power to appoint ten captains, twenty Lieutenants & ten Ensigns & the committees for the other counties in this commonwealth to appoint the following officers respectively to wit, the Commee for the county of

which several officers so to be appointed shall immediately proceed to enlist the several quotas of men following, that is to say, every Captain shall enlist 28 men, every first Lieutent. 20, every sd. Lieutt. 16, & every ensign 10 & shall be at liberty to do the same as well within their respective counties as without.

And if any officer shall fail to recruit his quota of men before mentioned on or before the day of next the Commee of the county by whom such officer was appointed may either appoint another in his stead, or may continue him if it shall appear to them that the quota of such officer may be sooner completed by his continuance. But if he or the officer appointed in his stead shall further fail to raise the sd quota before the day of next, then the commee of the county who appointed such officer shall make report of the whole matter to the Governor, who with the advice of the privy council shall take such measures thereon as shall seem most likely to expedite the raising the said quota, whether it be by continuing the same officer, or by making a new appointment; and wheresoever any new appointment shall be made on failure of any officer or officers to Edition: current; Page: [284] raise their quota, the men enlisted by such officer or officers so failing shall be delivered over to the officer appointed to succeed him, he refunding to the officer who enlisted the same such recruiting expenses as the committee shall judge reasonable.

And be it further enacted, that to each of the sd six additional battalions 1 Colonel, one Lieutenant Colonel & one Major shall be appointed by joint ballot of both houses of assembly and one chaplain & one Surgeon by the field officers & captains of each battalion respectively, & that all Chaplains, & Surgeons as well of the sd six battalions as of the nine battalions now in Continental service shall at all times be removeable, and others appointed in their steads by the sd field officers & Captains of their respective battalions for good cause to them shewn: and the Surgeon’s Mates shall be appointed by the Surgeon himself with the approbation of the Commanding officer of the battalion & the Adjutant, Regimental Quarter Master, Serg^t. Major, Quarter Master Sergeant & Drum Major by the said commanding officer of the battalion.

And be it further enacted that the Quotas of men raised by the officers to be appointed by the Commee of West Augusta shall be formed into distinct companies by the sd Commee which companies shall constitute one of the sd six additional battalions: & the Quotas raised by the officers to be appointed by any other Commees shall by the same Commee be formed into one or more companies or parts of a company according to the nature & number of the Quotas: & Edition: current; Page: [285] the said companies & parts of companies shall be formed into battalions of ten companies each by the governor or in his absence by the President who shall Allot to each battalion such of the field officers to be appointed by the two houses of assembly as he shall judge best suited to the same, and shall deliver to the Continental Commander in this Colony a roll of each battalion as soon as the same shall be so embodied and officered.

And whereas it is apprehended that sufficient care and attention hath not been alwais had by officers to the cleanliness, to the health & to the comfort of the soldiers entrusted to their command be it therefore enacted that so long as any troops from this commonwealth shall be in any service to the Northward thereof it shall & may be lawful for our delegates in Congress & they are hereby required from time to time to enquire into the state & condition of the troops & the conduct of the officers commanding & where any troops raised in this commonwealth are upon duty within the same or any where to the Southward there the Gov^r. & Council are required to make similar enquiry by such ways or means as shall be in their power; & whensoever it shall be found that any officer appointed by this commonwealth shall have been guilty of negligence or want of fatherly care of the soldiers under his command they are hereby respectively required to report to this assembly the whole truth of the case who hereby reserve to themselves a power of removing such officer: & whenever they shall find that such troops shall have suffered thro’ the negligence or inattention of any officer of Edition: current; Page: [286] Continental Appointment they are in like manner to make report thereof to this assembly whose duty it will be to represent the same to Congress: and they are further respectively required from time to time to procure & lay before this assembly exact returns of the numbers & condition of such their troops.

draft of a bill establishing county courts1

For fixing the places of holding courts for the counties of Pittsylvania & Henry. Be it enacted by the General assembly of the Commonwealth of Virginia that it shall & may be lawful for the freeholders of the said county of Pittsylvania qualified by law to vote for representatives in general assembly, & they are hereby required to meet at the house of Richard Faithing in the said county on the day of next, then & there to chuse the most convenient place (having due regard as well to the extent of the said county as to the populousness of its several parts) for holding courts for the said county in future.

And be it further enacted that notice shall be given Edition: current; Page: [287] to the freeholders of the said county of Pittsylvania by the Sheriff, ministers & readers, in the same manner & under the like penalties as are directed for giving notice of an election of representatives to serve in General assembly & that the election shall be held by the said Sheriff in the same manner as such election of representatives to serve in General assembly, writing down the names of the places voted for, every one in a separate column of his poll, & the names of every freeholder voting under the place for which he votes: & the place for which the most votes shall be given shall thenceforth be the place for holding courts for the said county: & after the election shall be made the sheriff shall return the original poll, attested by himself, to the clerk’s office of the said county, by whom the same shall be recorded.

And be it further enacted that the same rules & proceedings shall be observed in every article relating to the said election & all persons failing to do their respective duties shall incur the same and be subject to the same actions as are prescribed by law in case of an election of representatives to serve in General assembly.

And be it further enacted that it shall and may be lawful for the freeholders of the said county of Henry qualified by law to vote for representatives to serve in General assembly, & they are hereby required, at the time & place to make their first choice of representatives (which place is hereby declared to be the plantation of John Rolands) to make choice also of the most convenient place for holding courts for the said county of Henry in future having due regard as Edition: current; Page: [288] well to the extent of the said county as to the populousness of it’s several parts, which election shall be notified & held, & in all circumstances to be conducted by the same rules & proceedings, & all persons failing to do their respective duties shall incur the like penalties & be subject to the same action as before directed for the county of Pittslyvania.

Provided that if the freeholders of either of the said counties of Pittsylvania or Henry shall be prevented by rain snow or accidental rise of watercourses from assembling at the places of election on either of the days beforementioned that then it shall & may be lawful for the Sheriff & he is hereby required to postpone the election so prevented until that day week, & so in like manner from week to week so often as the case shall happen.

And whereas by the usual course of the law sheriffs can not be qualified for their offices but by the justices of the peace in open court at the court-house of their counties; and no court can be held for the qualification of a sheriff for the said county of Henry until a place for holding the same is fixed on as before directed; be therefore that the sheriff for the county of Pittsylvania shall have authority & power & he is hereby required to notify & hold the sd election for the county of Henry as well of a place for holding courts as aforesaid as for making their first choice of representatives to serve in General assembly, in like manner & subject to the same penalties & actions as are before presented in the case of the election for the county of Pittsylvania.

draft of a bill for altering rates of copper coin1

For rendering the half penny pieces of copper coin of this commonwealth of more convenient value & by that means introducing them into more general circulation; be it enacted by the General Assembly of the commonwealth of Virginia that from and after the passing of this act the said pieces of copper coin shall pass in all payments for one penny each of current money of Virginia. Provided nevertheless as was heretofore provided by the laws that no person shall be obliged to take above one shilling of the said copper coin in any one paiment of twenty shillings or under, nor more than two shillings & six pence of the said coin in any one paiment of a greater sum than twenty shillings.

report on upshur2

Mr. Jefferson, from the Committee of Privileges and Elections, reported that the committee had, according to order, had under their consideration the petition of Arthur Upshur, to them referred, and had agreed to the following report and resolution thereupon; which he read in his place, and afterwards Edition: current; Page: [290] delivered in at the clerk’s table, where the same were again twice read, and agreed to. Your committee find that the said Arthur Upshur having several vessels on the stocks, cleared one of them out for the British West Indies on the 20th day of July, 1775, but that the said vessel was not launched until the 26th day of August; that on the 2d day of September, when the storm happened, the said vessel had no part of her loading on board; that the said vessel sailed after the 10th day of September to one of the foreign West India Islands, with a load of Indian corn; that on the 2d day of October following the Committee of the county of Accomack proceeded to inquire into the matter, and on such inquiry declared the said Upshur had violated the continental association by sending out the said vessel and ordered his case to be published in the Virginia Gazette; that after the return of the said vessel, the said Upshur (as appears by the minutes of the said committee) denying that he had intentionally violated the said association, voluntarily submitted the matter again to the determination of the committee, who, at a session held on the 8th day of January, 1776, upon farther enquiry, were of the opinion that he had violated the said association ignorantly, but that, having behaved obstinately, and ill afterwards, he ought to be fined, and they accordingly fined him 100£, which sum the said Upshur deposited with a member of the Committee. Your committee farther find, that the said petitioner hath conducted himself, both before and since the said transaction, as a friend to the American cause.

Resolved, that though the committee of Accomack were actuated by the best of motives, yet they erred in proceeding to impose the fine upon the petitioner and that therefore the said fine ought to be restored to the said petitioner by the person with whom it was deposited.

Resolved, that the said petitioner having violated the association through ignorance, and having in other respects conducted himself as a friend to the American cause, ought to be restored to the rights of dealing and intercourse with his country.

a bill for the trial of offences committed out of this commonwealth.

For the punishment of Treasons, misprisions of treason or concealment of treasons, felonies, robberies, murthers & confederacies hereafter to be committed out of this Commonwealth.

Be it enacted by the General Assembly of the Commonwealth of Virginia that all treasons, misprisions of treasons, concealments of treasons, felonies, robberies, murthers & confederacies hereafter to be committed in or upon the sea, or in any haven, river creek or other place by land or by water not within the body of any county of this Commonwealth, shall be enquired, tried, heard, determined & judged in such counties and places in this Commonwealth as shall be limited by the Governor’s commission or commissions to be directed for the same in like form & condition as if any such offence or offences had been Edition: current; Page: [292] committed or done in or upon land: and such commission shall be had under the seal of the Commonwealth directed to any three or more judges of the General Court, from time to time and as oft as need shall require to hear & determine in such offences after the common course of the laws of this commonwealth, used for treasons, misprisions of treasons, concealments of treasons, felonies, murthers, robberies, & confederacies of the same, done and committed upon the land within this Commonwealth.

And be it enacted by the authority aforesaid that such persons to whom such commission or commissions shall be directed, or two of them at the least, shall have full power & authority to enquire of such offences & of every of them, by the oaths of twelve good & lawful inhabitants in the county limited in their commission in such like manner & form, as if such offences had been committed upon the land within the said county; and that every indictment found and presented before such commissioners, of any treasons, misprisions of treasons, concealments of treasons, felonies, robberies, murthers, man-slaughters, or such other offences, being committed or done in and upon the seas, or in or upon any haven, river, creek or other places by land or by water not being in the body of any county of this Commonwealth, shall be good and effectual in the law; and if any person or persons happen to be indicted for any such offence done or hereafter to be done upon the seas, or in any other place above limited, that then such order, process, judgement, & execution shall be used, had, done & made, to & against every such person and persons Edition: current; Page: [293] so being indicted as against Traytors, felons, murtherers and other offenders aforesaid for treason, misprision of treason, concealment of treason, felony, robbery, murther, or other such offences done upon the land, as by the laws of this Commonwealth is accustomed; & that the trial of such offence or offences if it be denied by the offender or offenders, shall be had by twelve lawful men inhabited in the county limited within such commission, which shall be directed as is aforesaid, & no challenge or challenges to be had for the county; & such as shall be convicted of any such offence or offences by verdict, confession or process, by authority of any such commission, shall have & suffer such pains of death, losses of lands, goods & chattels, as if they had been attainted & convicted of any treasons, misprisions of treasons, concealments of treasons, felonies, robberies, or other the said offences done upon the lands.

And be it enacted by authority afore said, that for treasons, misprisions of treasons, concealments of treasons, felonies, murthers & confederacies done upon the sea or seas, or in or upon any haven, river or creek of this Commonwealth, the offenders shall not be admitted to have the benefit of his or their clergy, but be utterly excluded thereof & from the same.

Provided alway, that this act extend not to be prejudicial or hurtfull to any person or persons, for taking any victual, cables, ropes, anchors, or sails, which any such person or persons (compelled by necessity) taketh of or in any ship which may conveniently spare the same, so that the same person or persons pay out of hand for the same victual, cables, Edition: current; Page: [294] ropes, anchors, or sales, money or money-worth, to the value of the thing so taken, or do deliver for the same a sufficient bill obligatory to be paid within months next ensuing the making of such bills, & that the makers of such bills well and truly pay the same debt at the day to be limited within the said bills.

draft of a bill for suspending executions for debt1

Whereas by the expiration of the act for the regulating and collecting certain officers fees, and by the troubles which have since subsisted in this country, the administration of justice hath been in a great measure suspended; and altho it is thought proper to revive and establish the courts of justice for the purpose of securing & preserving internal peace & good order, of determining disputed rights and titles and of ascertaining just debts and unsettled demands Edition: current; Page: [295] which might otherwise be lost by the death of witnesses or insolvency of debtors; yet nevertheless it may produce great oppression and ruin to debtors to suffer executions to be levied on decrees to be inforced, during the present limited and uncertain state of our trade, for debts heretofore contracted: Be it therefore enacted by the General Assembly of the Commonwealth of Virginia that when judgement shall be entered or decree passed in any court of record for the recovery of money due from the defendant or defendants before the passing of this act, if such defendant or defendants shall give to the said court good & sufficient security for paiment of the money whensoever by a restoration of trade or from other circumstances it shall appear proper to the General assembly to pass an act for levying executions or enforcing decrees for money then such court shall order execution of the sd judgement or process for enforcing the said decree to be stayed, entering of record the recognisance of such security, so that if the money be not paid when directed by such future act of assembly, a scire facias may issue thereon, without the necessity of commencing a new suit.

draft of a bill for providing against invasions and insurrections1

For making provision against invasions & insurrections & laying the burthen thereof equally on all Edition: current; Page: [296] be it enacted by the General assembly of the Commonwealth of Virginia that the division of the militia of each county into ten parts directed by a former ordinance shall be completed & kept up in the following manner. The commanding officer of every county within one month after every general muster shall enroll under some captain such persons not before enrolled as ought to make a part of the militia, who together with those before enrolled & not yet formed into tenths & with such Quakers & Menonists as are not formed into tenths shall be such captain at his first muster after receiving the same be divided into equal parts as nearly as may be, each part to be distinguished by fair and equal lot by numbers from one to ten, & when so distinguished to be added to, and make part of the division of the militia of such county already distinguished by the same number.

And where any person subject to such allotment shall not attend, or shall refuse to draw for himself, the captain shall cause his lot to be drawn for him by some other in presence of the company.

When any officer of the militia shall receive notice of any invasion or insurrection within his own county, he shall immediately give intelligence thereof to the commanding officer of the county & if the urgency of the case requires it he shall forthwith raise the Edition: current; Page: [297] militia under his special command & proceed to oppose the enemy or insurgents: the commanding officer of the county on receiving notice thereof shall immediately if the case will admit delay or be greater than the force of his own militia may encounter, communicate the same to the Governor, by express, for which purpose he may impress boats, men & horses, & may also notify to any militia officer of the adjacent counties to be by him forwarded to his commanding officer & in the meantime if it be urging shall raise such part of his own militia as the case shall require & admit. The commanding officer of any adjacent county receiving the notice so forwarded, shall immediately raise such part of his militia, not exceeding two thirds, as the circumstances of the case may require & order them to the assistance of such adjacent county: but any of the commanding officers, if he think the case of too small consequence to require these proceedings may call a council of war to consist of a majority of his field officers & captains & take their advice whether any & what force shall be raised or sent or whether they may await the governor’s orders.

The governor on receiving such intelligence may, with the advice of the council of state cause to be embodied & marched to oppose such invasion or insurrection, such members of the militia as may be needful and from such counties as will suit the exigencies of the case; & if the corps consist of three or more battalions, may appoint a General officer to take command thereof.

The several divisions of the militia of any county Edition: current; Page: [298] shall be called into duty by regular rotation from the first to the tenth, & every person failing to attend when called on, or to send an able bodied man in his room, shall, unless there be good excuse, be considered as a deserter & suffer accordingly.

Any able bodied volunteers who will enter into the service shall be accepted instead of so many of the divisions of militia called for but if the invasion or insurrection be so near & pressing as not to allow the delay of calling for the division or divisions next in turn, the commanding officer may call on such part of the militia as shall be most convenient, to continue in duty till such division or divisions can come to supply their places.

The soldiers of such militia if not well armed & provided with ammunition shall be furnished with the arms & ammunition of the county & any deficiency in these may be supplied from the public magazines, or, if the case admit not the delay, by impressing arms & ammunition of private property, which ammunition so far as not used, & arms, shall be duly returned as soon as they may be spared & any person embezzling any such public or private arms, or not delivering them up when required by his commanding officer shall on his warrant be committed to prison without bail or mainprise there to remain till he deliver or make full satisfaction for the same.

The commanding officer shall appoint such officers of the militia as he shall think most proper to command the men called out by divisions in the following proportions: if there be called into duty not more than 15 men he shall appoint one ensign & one serjeant Edition: current; Page: [299] to command them: if not more than 25 men a lieutenant an ensign and two serjeants; if not more than 40 men, a captain, lieutenant ensign & three serjeants; if 50 men, a captain two lieutenants an ensign & four serjeants; & so in proportion for every greater number; adding, if there be several companies, such field officers as may be requisite. A distinct list of the names & numbers of officers & soldiers sent on duty, with the time they served, attested on oath by the officer commanding such party shall be certified by the commanding officer of the county to the next General assembly.

Any officer resigning his commission on being called into duty by the Governor or his commanding officer, shall be ordered into the ranks, & shall moreover suffer punishment as for disobedience of command.

The commanding officer of the corps marching to oppose any invasion or insurrection, or any commissioned officer by warrant under the hand of such commander, may, for the necessary use of such corps or for the transportation of them across waters, or of their baggage by land or water, impress provisions, vessels with their furniture, hands, wagons, carts, horses, oxen, utensils for intrenching, smiths, wheelwrights, carpenters or other artificers, & arms in the case before directed, such necessaries or the use of them by the day shall be previously appraised by two persons chosen the one by such officer & the other by the person interested, or both by the officer if the person interested shall refuse to name one and duly sworn by the said officer who is hereby empowered Edition: current; Page: [300] to administer the oath. Such officer shall give a receipt or a certificate of every particular impressed, of its appraised value, & of the purposes for which it was impressed: and if any article impressed shall receive damage while in public service such damage shall be enquired of & estimated by two men chosen & sworn in the same manner & shall be made good by the public.

All persons drawn into actual service by virtue of this act shall be exempted in their persons & property from civil process, & all proceedings against them in civil courts shall be stayed during their continuance in service.

Where any corps or detachment of militia shall be on duty with any corps or detachment of Colonial regulars or Continental troops, or both of them the Continental officers shall take command of the Colonial regulars of the same rank, & these again of militia officers of the same rank.

The commanding officer of each of the counties of Elizabeth City, Princess Anne, Northampton & Accomack, with permission from the Governor, may appoint any number of men not exceeding six in each county to keep a constant lookout to seaward by night & by day; who discovering any vessels appearing to belong to an enemy & to propose landing or hostility, shall immediately give notice thereof to some militia officer of the county, whereon such course shall be pursued as is before directed in case of an invasion or insurrection.

The pay of all officers and soldiers of the militia, from the time they leave their homes, by order of their Edition: current; Page: [301] commanding officer till they return to them again, & of all lookouts shall be the same as shall have been allowed by the last regulations of General assembly to Colonial regulars of the same rank or degree. Messengers shall be allowed by the auditors of public accounts according to the nature of their service.

Any militia officer receiving notice of an invasion or the approach of any vessel with hostile purpose, & not forwarding the same to his commanding officer shall forfeit, if a field officer one hundred pounds, if a captain or subaltern fifty pounds; any commanding officer of a county receiving such notice & not raising part of his militia nor taking the advice of his council of war two hundred pounds, recoverable with costs by action of debt in the name of the Commonwealth before any court of record, & appropriated to the same uses as the fines imposed by the courtmartial of his county.

Any officer or soldier, guilty of mutiny, desertion, disobedience of command, absence from duty or quarters, neglect of guard, or cowardice, shall be punished at the discretion of a courtmartial by degrading, cashiering, drumming out of the army, whipping not exceeding 20 lashes, fine not exceeding two months, or imprisonment not exceeding one month.

Such courtmartial shall be constituted of militia officers only, of the rank of Captains or higher, & shall consist of 7 members at the least whereof one shall be a county lieutenant or field officer, each of whom shall take the following oath: ‘I — do swear that I will well & truly try & impartially determine the cause of the prisoner now to be tried, according to the act of assembly for providing against Edition: current; Page: [302] invasions & insurrections so help me god,’ which oath shall be administered to the presiding officer by the next in command, & then by such presiding officer to the other members. The said court shall also appoint a clerk to enter and preserve their proceedings, to whom the president shall administer an oath truly and faithfully to execute the duties of his office. All persons called to give evidence shall take the usual oath of evidence, to be administered by the clerk of the court. If in any case the offender be not arrested before the corps of militia on duty be discharged, or cannot be tried for want of members sufficient to make a court, he shall be subject to be tried afterwards by the courtmartial of his county.

All other acts & ordinances so far as they make provisions against invasions & insurrections are hereby repealed.

This act shall be read to every company of the militia by order of the captain or next commanding officer twice in every year, that is to say, at their first muster next succeeding every general muster in his county on penalty of five pounds for every omission.

draft of a bill for regulating the appointment of delegates to general congress1

Be it enacted by the General assembly of the Commonwealth of Virginia that there shall be annually Edition: current; Page: [303] chosen five delegates to act the part of this Commonwealth in General Congress any three of whom shall Edition: current; Page: [304] have power to sit & vote. The delegates to be chosen in this present session of assembly shall continue in office till the day of and those hereafter to be chosen at the said annual election shall enter on the exercise of their office on the day of next succeeding their election & shall continue in the same one year, unless sooner recalled or permitted to resign by General assembly; in which case another shall be chosen to serve till the end of the year in the stead of any one so recalled, or permitted to resign.

No person who shall have served two years in Congress shall be capable of serving therein again till he shall have been out of the same one whole year.

Each of the said delegates for every day he shall attend in Congress shall receive [eight] dollars, and also [fifteen pence] per mile going and the same returning together with his ferriages, to be paid whereever Congress shall be sitting by the Treasurer of this Commonwealth out of any public monies which shall be in his hands.

to john adams1

Matters in our part of the continent are too much in quiet to send you news from hence. Our battalions for the continental service were some time ago so far filled as rendered the recommendation of a draught from the militia hardly requisite, and the more so as in this country it ever was the most unpopular Edition: current; Page: [305] and impracticable thing that could be attempted. Our people, even under the monarchical government, had learnt to consider it as the last of all oppressions. I learn from our delegates that the confederation is again on the carpet, a great and a necessary work, but I fear almost desperate. The point of representation is what most alarms me, as I fear the great and small colonies are bitterly determined not to cede. Will you be so good as to collect the proposition I formerly made you in private, and try if you can work it into some good to save our union? It was, that any proposition might be negatived by the representatives of a majority of the people of America, or of a majority of the colonies of America. The former secures the larger, the latter, the smaller colonies. I have mentioned it to many here. The good whigs, I think, will so far cede their opinions for the sake of the Union, and others we care little for.

The journals of Congress not being printed earlier, gives more uneasiness than I would wish ever to see produced by any act of that body, from whom alone I know our salvation can proceed. In our Assembly, even the best affected think it an indignity to freemen to be voted away, life and fortune, in the dark. Our House have lately written for a manuscript copy of your journals, not meaning to desire a communication of any thing ordered to be kept secret. I wish the regulation of the post-office, adopted by Congress last September, could be put in practice. It was for the travel night and day, and to go their several stages three times a week. The speedy and frequent communication of intelligence is really of Edition: current; Page: [306] great consequence. So many falsehoods have been propagated that nothing now is believed unless coming from Congress or camp. Our people, merely for want of intelligence which they may rely on, are become lethargic and insensible of the state they are in. Had you ever a leisure moment, I should ask a letter from you sometimes, directed to the care of Mr. Dick, Fredericksburgh; but having nothing to give in return, it would be a tax on your charity as well as your time. The esteem I have for you privately, as well as for your public importance, will always render assurances of your health and happiness agreeable. I am, dear sir, your friend and servant.

to benjamin franklin1

—I forbear to write you news, as the time of Mr. Short’s departure being uncertain, it might be old before you receive it, and he can, in person, possess you of all we have. With respect to the State of Virginia in particular, the people seem to have laid aside the monarchical, and taken up the republican government, with as much ease as would have attended their throwing off an old, and putting on a new suit of clothes. Not a single throe has attended this important transformation. A half-dozen aristocratical gentlemen, agonizing under the loss of pre-eminence, have sometimes ventured their sarcasms on our political metamorphosis. They have been thought fitter objects of pity, than of Edition: current; Page: [307] punishment. We are, at present, in the complete and quiet exercise of well-organized government, save only that our courts of justice do not open till the fall. I think nothing can bring the security of our continent and its cause into danger, if we can support the credit of our paper. To do that, I apprehend, one of two steps must be taken. Either to procure free trade by alliance with some naval power able to protect it; or, if we find there is no prospect of that, to shut our ports totally, to all the world, and turn our colonies into manufactories. The former would be most eligible, because most conformable to the habits and wishes of our people. Were the British Court to return to their senses in time to seize the little advantage which still remains within their reach, from this quarter, I judge, that, on acknowledging our absolute independence and sovereignty, a commercial treaty beneficial to them, and perhaps even a league of mutual offence and defence, might, not seeing the expense or consequences of such a measure, be approved by our people, if nothing, in the mean time, done on your part, should prevent it. But they will continue to grasp at their desperate sovereignty, till every benefit short of that is forever out of their reach. I wish my domestic situation had rendered it possible for me to join you in the very honorable charge confided to you. Residence in a polite Court, society of literati of the first order, a just cause and an approving God, will add length to a life for which all men pray, and none more than your most obedient and humble servant.

to john adams

—Your favor of May 26 came safely to hand. I wish it were in my power to suggest any remedy for the evil you complain of, tho’ did any occur I should propose it to you with great diffidence after knowing you had thought on the subject yourself. There is indeed a fact which may not have come to your knolege out of which perhaps some little good may be drawn. The borrowing money in Europe (or obtaining credit there for necessaries) has already probably been essayed & it is supposed with some degree of success. But I expect your applications have as yet been only to France, Holland, or such other states as are of principal note. There is however a small power, well disposed to our cause, &, as I am informed, possessed of abilities to assist us in this way. I speak of the Grand Duke of Tuscany. The little states of Italy you know have had long peace, & shew no disposition to interrupt that peace shortly. The Grand Duke being somewhat avaricious in his nature has availed himself of the opportunity of collecting & hoarding what money he has been able to gather. I am informed from good authority (an officer who was concerned in the business of his treasury1) that about three years ago he had ten millions of crowns, lying dead in his coffers. Of this it is thought possible as much might be borrowed as would amount to a million of pounds lawful money. At any rate Edition: current; Page: [309] the attempt might be worth making. Perhaps an application from Dr. Franklin who has some acquaintance in that court might be sufficient, or, as it might be prudent to sound well before the application, in order to prevent the discredit of a rebuff, perhaps Congress would think it worth while to send a special agent there to negotiate the matter. I think we have a gentleman here who would do it with dexterity & fidelity. He is a native of that Duchy; well connected there, conversant in courts of great understanding & equal zeal in our cause. He came over not long since to introduce the cultivation of vines, olives, &c among us. Should you think the matter worth a further thought, either of the Cols. Lees to whom he is known can acquaint you more fully of his character. If the money can be obtained in specie it may be applied to reduce the quantity of circulating paper & be so managed as to help the credit of that which will remain in circulation. If credit alone can be obtained for the manufactures of the country, it will still help to clothe our armies or to increase at market the necessaries our people want.

What upon earth can Howe mean by the manœuvre he is now practicing? There seems to me no object in this country which can be either of utility or reputation to his cause. I hope it will prove of a piece with all the other follies they have committed. The forming a junction with the Northern army up the Hudson’s river, or taking possession of Philadelphia might have been a feather in his cap, & given them a little reputation in Europe. Edition: current; Page: [310] The former as being the design with which they came, the latter as being a place of the first reputation abroad & the residence of Congress. Here he may destroy the little hamlet of Wmsbgh, steal a few slaves, & lose half his army among the fens & marshes of our lower country or by the heat of the climate. I am, dear sir, yours, &c.

first report of conference committee1

Mr. Jefferson reported, from the Committee appointed to draw up what is proper to be offered at the conference proposed with the Senate, on the subject matter of their amendments to the resolution of this House for paying to Thomas Johnson the sum of 15£ 5s 6d. that the committee had accordingly drawn up what they think would be proper to be offered at the said conference, which they had directed him to report to the said House; he read the report in his place, and afterwards delivered it in at the clerks table, where the same was read and is as followeth, viz:

The House of Delegates has desired this conference, in order to preserve that harmony and friendly correspondence with the Senate, which is necessary for the discharge of their joint duties of legislation, and to prevent, both now and in future, the delay of public business, and injury which may accrue to Edition: current; Page: [311] individuals, should the two Houses differ in opinion as to the distinct office of each.

Though during the course of the last two, and also of the present session of Assembly, they have acquiesced, under some amendments made by the Senate to votes for allowing public claims and demands, yet they are of opinion that an adherence to fundamental principles is the most likely way to save both time and disagreement; and a departure from them may at some time or other be drawn into precedent for dangerous innovations, and that therefore it is better for both Houses, and for those by whom they are entrusted, to correct the error while new, and before it becomes inveterate by habit and custom.

The constitution having declared that “money bills shall in no instance be altered by the Senate, but wholly approved or rejected,” the delegates are of opinion the Senate had no authority to amend their late vote for allowing to Thomas Johnson the sum of fifteen pounds five shillings and six pence; and should the term “money bills” in the constitution not immediately convey the precise idea which the framers of that act intended to express, it is supposed that its explanation should be sought for in the institutions of that people, among whom alone a distinction between money bills and other acts of legislation is supposed to have been made, and from whom we, and others, emigrating from them, have indisputably copied it.

By the law and usage of their parliament then, all those are understood to be “money bills” which Edition: current; Page: [312] raise money in any way, or which dispose of it, and which regulate those circumstances of matter, method and time, which attend as of consequence on the right of giving and disposing. Again the law and customs of their parliament, which include the usage as to “money bills” are a part of the law of their land; our ancestors adopted their system of law in the general, making from time to time such alterations as local diversities required; but that part of their law which relates to the matter now in question, was never altered by our legislature, in any period of its history; but on the contrary, the two Houses of Assembly, both under our regal and republican governments, have ever done business on the constant admission that the law of parliament was their law. When the delegates, therefore, vote that fifteen pounds five shillings and six pence, whether raised or to be raised on the people shall be disposed of in payment to Thomas Johnson for losses sustained by him on the public behalf, this is a vote for the disposal of money, which the Senate are at liberty to approve or reject in the whole, but cannot amend by altering the sum.

The delegates, therefore, hope that the Senate will concur with them in a strict and mutual observance of those laws by which both houses are bound, and they are well assured, that this subject being properly stated to the Senate, they will forbear in future, to exercise a practice which seems not authorised, but, if there should be found any difference of opinion on this point, the delegates will be ready to join in any regular proposition for defining Edition: current; Page: [313] with precision, the subject of their difference, so as to prevent all doubts and delays in future.

second report of conference committee

Mr. Jefferson reported from the Committee, appointed to prepare reasons to be offered to the Senate, at the conference to be desired of them on the subject of the last conference; that the committee had accordingly prepared, what they thought would be proper to be offered at the said conference; and he read the same in his place, and afterwards delivered it in at the clerk’s table, where the same was read, and is as followeth, viz:

Reasons, to be offered at the conference to be desired of the Senate, in answer to their reasons delivered at the last conference:

The House of Delegates, not being satisfied with the reasons urged by the Senate, in support of their amendments to the resolution for allowing Thomas Johnson the sum of 15£ 5s. 6d., have desired this second conference to shew the insufficiency of the said reasons, and to propose that some expedient may be adopted by the two Houses, for reconciling their difference of opinion.

The resemblance between the constituent parts of our legislature, and that of Great Britain, is supposed by the Senate, so faint, that no ground remains for those jealousies, which have prompted the Commons of Great Britain against their House of Edition: current; Page: [314] Lords. This might have been, and doubtless was, urged, at the time our constitution was formed, as a reason why the Senate and Delegates should have equal powers of money bills. But the argument having been overruled, and the powers of the Senate, as to this point, being fixed, by the constitution, on the same restricted footing, with those of the Lords in the British legislature, it is conceived not to be the proper question of this day, whether the resemblance between them, in general, be faint or strong, well or ill-grounded, but, whether the constitution has not made them, to resemble in this point.

Had those who framed the constitution, as soon as they had completed that work, been asked, man by man, what a money bill was, it is supposed that man by man, they would have referred for answer to the well known laws and usages of Parliament, or, would have formed their answer, on the Parliamentary idea of that term. Its import, at this day, must be the same as it was then. And it would be unreasonable, now, to send us to seek its definition in the subsequent proceedings of that body, as it would have been for them, at that day, to have referred us to such proceedings before they had come into existence. The meaning of the term, must be supposed complete, at the time they use it; and to be sought for, in those resources only, which existed at the time. Constructions, which do not result from the words of the legislator, but lie hidden in his breast, till called forth, ex post facto, by subsequent occasions, are dangerous, and not to be justified by ordinary emergencies.

Nor do we, by this, set up the Parliament of England, as the expositor of our constitution, but the law of Parliament, as it existed, and was evidenced by usage, at the time the term in question was inserted in our instrument of government; a law coeval with the common law itself, and no more liable, as adopted by us, to subsequent change, from that body, than their common or statute law, which we have in like manner adopted. To suppose this branch of law, not existing in our code, would shake the foundation of our whole legal system; since every legislative proposition which has been passed or rejected since the first establishment of a legislature in this country, has been determined to be law, or not law, by the forms of Parliamentary proceeding.

With as little justice may it be said, that this is referring for the definition of a term, to multiplied disputes, which have for ages agitated the Parliament of England, and which no time will decide; that it is proving what is clear, by what is very obscure; and unsettling what is fixed: since we conceive that researches into Parliamentary history, will decisively shew, that their practice in this matter has been clear, fixed, and ancient; and, that for ages past, it has produced no agitation, unless we call by that name some groundless assertions of the Lords in the course of the last century. Yet, these assertions they departed from in practice, at the very time they advanced them: and at all times after, they stand contradicted by the declarations of the Commons, and the constant usage of both Houses; which, agreeing together, are supposed to Edition: current; Page: [316] form the strongest evidence what the law of Parliament is on this point.

To prove this right, as uniformly claimed and exercised by the Commons, and assented to in practice by the Lords, the Delegates will subjoin some proceedings of Parliament, in addition to the passage cited by the Senate.

That a bill, for raising money by way of taxes, is a money bill, is admitted by the Senate, and need not therefore be proved.

That bills, for raising money by rates, and impositions on merchandise, are also considered as money bills, will appear, on recurring to the Parliamentary proceedings of 1671, in which it is affirmed, “that there is a fundamental right in the House of Commons alone, in bills of rates and impositions on merchandise, as to the matter, the measure, and the time;” and also, by their declaration of 1689, “that the Commons have always taken it for their undoubted privilege (of which they have been tender and jealous) that, in all aids given to the King by the Commons, the rate or tax ought not to be any way altered by the Lords,” which is supposed to be the passage cited by the Senate, as of the year 1671.

That bills, for applying forfeitures in aid of the public revenue are not amendable by the Lords, appears by the proceedings of 1700, on the bill “for applying Irish forfeitures to the use of the public,” to which the Lords were not permitted to make any amendments.

The right of levying money, in whatever way, being thus exercised by the Commons, as their exclusive Edition: current; Page: [317] office, it follows, as a necessary consequence, that they may also exclusively direct its application. “Cujus est dare, ejus est disponere,” is an elementary principle, both of law and of reason: That he who gives, may direct the application of the gift: or, in other words, may dispose of it: that if he may give absolutely, he may also carve out the conditions, limitations, purposes, and measure of the gift, seems as evidently true, as, that the greater power contains the lesser.

Parliamentary usage, has accordingly, approved this reasoning.

In July, 1678, the Commons resolved, “that it is their undoubted and sole right, to direct, limit, and appoint, in all aids and supplies granted to the King, the ends, purposes, considerations, limitations, and qualifications, of such grants; which ought not to be changed by the House of Lords.”

In December of the same year, the Commons having directed the payment of money, and the Lords proposed an amendment thereto, the former declared “that their Lordships never before changed any such disposition made on a supply granted by the Commons.”

In 1701, the Lords having amended a bill, “for stating and examining the public accounts,” by inserting a clause for allowing a particular debt, the Commons disagreed to the amendment; and declared for a reason, “that the disposition, as well as granting, of money by act of Parliament, hath ever been in the House of Commons; and, that the amendment relating to the disposal of money, does Edition: current; Page: [318] entrench upon that right.” And, to a bill of the same nature, the year following, the Lords having proposed an amendment, and declared “That their right in granting, limiting, and disposing public aids, being the main hinge of the controversy, they thought it of the highest concern that it should be cleared and settled.” They then go on to prove the usage, by precedents, and declarations, and, from these conclude, “That the limitation, disposition, and manner of account, belong only to them.”

In reply, the Lords said, “They declined all arguments concerning the rights of the Commons in granting, limiting and disposing public aids; and, therefore, forbore to answer any arguments of that kind”; but proceeded to insist that the business then depending was of quite another nature. And, at some subsequent conferences between the two Houses, during the same session, it was repeatedly declared, “That the Lords could not supply any deficiency, or apply any surplusage of the public money, and in case any should be found.” And this declaration does not appear to have been contradicted by the Lords, either then or at any time after.

The precedents are supposed to prove, not only that the disposal or application of public money is, equally with the raising of it, the exclusive office of the Commons, but also, that it makes no difference whether it be of money then actually in the treasury, or yet to be raised on the people; nor whether the raising and disposing be in the same or in separate bills.

Though the precedents referred to by the Senate, in the proceedings of the Council and House of Burgesses, in the years 1771, 1772, and 1773, (the first of which, however, we suppose to be mistaken for 1772) might perhaps be well accounted for from their particular nature, from the history of the times, or from other causes; and though the delegates might produce, from the same records, proofs, much more decisive in their favor, yet they decline resting the matter on that bottom: because, they are of opinion, that the present determination ought not to be influenced by the practice of those who have themselves only copied from the same original. Their practice, and our opinions, must be proved by the same common rule,—the law and practice of Parliament. Their acknowledgment of the rule, proves their submission to it, and that their practice should be tried by the law, and not the law by their practice.

How dangerous it is to appeal to other authorities from the Parliamentary records, the true text of decision, will appear also by examining the whole passage, of which a part only was cited from the Commentaries of Judge Blackstone; a writer, celebrated indeed; but, whether most for his attachment to the prerogatives of the crown, or to the rights of the people, would be worthy of consideration, where the question is on one of those rights, which have been of the greatest value to the people—the right of giving and disposing of their own money. That writer, after the definition cited from his book by the Senate, goes on to quote a passage Edition: current; Page: [320] from Judge Hale’s treatise on the jurisdiction of Parliament, which is to be found more at large in Broke’s Abridgement, under the title “Parliament, Pl. 4:” there it appears to be a saying of Kerbie, a clerk of the Parliament, who lays down in express terms, or by direct implication, these following positions, as of the law of Parliament:—

1st. That the Lords may amend a bill for granting aids.

2nd. That, if the amendment be by shortening the duration of the grant, they need not return the bill to the Commons for their concurrence.

3rd. That the King may alter a bill.

Broke indeed adds a quere to the case; but that Judge Blackstone, disapproved of it, cannot be inferred from his words. It is therefore submitted to the consideration of the Senate, whether they would set up as an arbiter of Parliamentary law, a writer who can cite or refer to such positions, whether condemning them, in decisive and unequivocal terms; for that part of his book, too, which the Senate quote and rely on, he cites no authority whatever. Are we then to take it upon his affirmation, when contradicted by the uniform current of Parliamentary usage? But, waiving further examination of the legality of his opinion, it suffices to observe, as a full answer to it, that the judges of the common law can take no cognizance of the law of Parliament. It can never come judicially in question before them. Their sayings or opinions on the subject, must be ever extra-judicial; and they have accordingly always disclaimed a right to give judgment on them. Edition: current; Page: [321] Definitions therefore, of Parliamentary law, by any other court, by a member of court, or by a private individual, must be rejected as inauthoritative in a Parliamentary disquisition.

For these reasons, the delegates still think, that the Senate have no authority to amend the vote in question. But open to conviction, if it can be shown they are wrong, and actuated by a strong desire to promote the public service, as well as to preserve the Constitution entire, they propose to the Senate, if they should still adhere to their former opinions, that a select committee may be appointed by each House, to meet together in full conference, and endeavor to define the office of the two Houses in bills, clauses, and votes, relating to money, and that such definition, if approved by both Houses, may be confirmed by act of Assembly.

draft of a bill giving certain powers to the executive1

Whereas the present war between America & Great Britain was undertaken for defence of the common rights of the American states, & it is therefore just that each of them, when in danger, should be aided by the joint exertions of all; and as on any invasion of this Commonwealth in particular, we Edition: current; Page: [322] should hope for, & expect, necessary aids of militia from our neighboring sister states, so it is incumbent on us to yield the same assistance to them, under the like circumstances; & the laws heretofore empowering the Governor & council to send aids of militia to such states, will expire at the end of this present session of assembly.

Be it therefore enacted by the General assembly that on the invasion of any adjacent or neighboring state, & application from Congress, or from the legislative or executive powers of such state for aids of militia, it shall be lawful for the Governor, with the advice of the council of state, to order to their assistance such corps of the militia from any of the counties of this commonwealth as the exigence of the case may require or admit; having regard in such orders to the convenience & vicinity of such counties to the place invaded, their internal security & the imminence of the danger: and moreover to appoint such general, field & staff officers as may be requisite to command, attend, & provide for the same; to have them furnished with necessaries for travelling & camp uses, & such arms, ammunition and accoutrements as may be called for if the same can be procured & spared from this Commonwealth.

And to answer the expenses hereof in the first instance, the Governor is empowered to draw for any sums of money necessary to carry these purposes into effect on the Treasurer for this commonwealth, who is hereby authorized to pay the same out of any public money in his hands, keeping a separate & distinct account thereof, in order that Edition: current; Page: [323] the same may be reimbursed to the Commonwealth.

Such militia while on duty shall be subject to the Continental rules & articles of discipline & government, save only that all courtsmartial, whether general or regimental, which shall be holden on any of them, shall consist of their own officers only.

This act shall be in force until the end of the next session of General assembly & no longer.

draft of bill designating places for holding courts of chancery and general court1

Whereas by the acts constituting the High court of Chancery & General court, the said courts are to be holden at such place as the legislature shall direct, & no place hath as yet been appointed for that purpose:

Be it therefore enacted by the General assembly that for the term of one year after the end of this present session of assembly, & from thence to the end of the session next ensuing, the said courts shall be holden in the Capitol in the city of Williamsburgh.

And be it further enacted that it shall be lawful for the said High court of Chancery to appoint from time to time their own Serjeant at arms who shall be attendant on the sd court to perform the duties of his office; for which he shall receive such fees as shall be allowed by law.

a bill granting free pardon to certain offenders1

Whereas the American Congress by their resolution passed on the 23d day of April last past, reciting that persuasion & influence, the example of the deluded or wicked, the fear of danger or the calamities of war, may have induced some of the subjects of these states to join, aid, or abet the British forces in America, and who, tho’ now desirous of returning to their country, may be deterred by the fear of punishment: and that the people of these states are ever more ready to reclaim than to abandon, to mitigate than to increase the horrors of war, to pardon than to punish offenders: did recommend to the legislatures of the several states to pass laws, or to the executive authority of each state, if invested with sufficient power, to issue proclamations, offering pardon, with such exceptions, and under such limitations and restrictions, as they shall think expedient, to such of their inhabitants or subjects, as have levied war against any of these states, or adhered to, aided or abetted the enemy, and shall surrender themselves to any civil or military officer of any of these states, & shall return to the state to which they may belong before the 10th day of June next: and did further recommend to the good & Edition: current; Page: [325] faithful citizens of these states to receive such returning penitents with compassion and mercy, & to forgive & bury in oblivion their past failings and transgressions.

Be it therefore enacted by the General assembly that full and free pardon is hereby granted to all such persons without any exception who shall surrender themselves as aforesaid, and shall take the oath of fidelity to this Commonwealth within one month after their return thereto.

a bill for the speedy recovery of debts due the united states1

Whereas divers persons receiving money of the United States of America for publick uses, apply it to different purposes, and when called on refuse or neglect to repay the same; others enter into contracts for supplying the army & navy of the United states with provision and other necessaries, & fail or refuse to comply therewith; and whereas in like cases respecting this commonwealth in particular, speedy remedy was given by an act of general assembly passed in the year 1777, intitled “an act to establish a mode for the speedy and summary recovery of such sums of money as are or may become Edition: current; Page: [326] due, & for enforcing all contracts entered into with government” and it is expedient that the same speedy remedy be given in like cases respecting the United states: Be it therefore enacted by the general assembly that where in any case a remedy is by the sd act given to this commonwealth, or any of its agents or contractors, in a like case the same remedy shall be given to the United States, their agents & contractors; and where by the sd act such proceedings are directed to be instituted by the Treasurer in the name of the Governor for the time being, in a like case respecting the United states the proceedings shall be instituted by their deputy paymaster general within this commonwealth and in the name of the President of Congress for the time being.

draft of a bill for providing a supply for the public exigencies1

Whereas in order to carry into effect the several acts passed at this present session of General assembly for raising a regiment of horse, for raising a battalion of infantry for garrison duty, for raising volunteers to join the grand army

And as it will be necessary to make a further emission of treasury notes and to provide for the redemption thereof; be it enacted by the General assembly that it shall be lawful for the Treasurer to issue treasury notes in dollars or parts of a dollar for any sum which may be requisite for the purposes aforesaid in addition to the sums issuable by former acts of assembly, so as the sd sum to be issued by authority of this act do not exceed hundred thousand dollars. And he shall cause the sd to be engraved & printed in such manner & on such paper as he shall judge most likely to secure the same from being counterfeited, and shall appoint proper persons to overlook the press, & to number and sign the notes upon the best terms on which he can procure them. and whereas there is reason to believe that the taxes imposed by an act passed at the last session of General assembly for raising a supply of money for publick exigencies will be more than sufficient to answer the purposes expressed in the sd act; be it further enacted that after the taxes which shall be levied by authority of the sd act shall have effected the purposes to which they are appropriated by the sd act, so much of what shall remain as shall be sufficient for the redemption of the notes to be issued by authority of this present act, shall be applied to that purpose, and if so much as shall be sufficient shall not remain, further provision shall be made by law for making good the deficiency and redeeming the whole before the first day of December which shall be in the year of our lord 1785.

Amendments to the supply of exigencies

3. For recruiting the Continental army & other purposes therein mentioned.

4. Insert the resolutions of the 29th May, 1778, for making good the losses of certain sufferers in the town of Norfolk.

10. Fill up the blank with the word “six.”

14. × [Inclosure]

× If any person shall counterfeit any of the treasury notes issued by authority of this act, or shall be accessory thereto, or shall pass any such counterfeited note knowing the same to be counterfeit, he shall on conviction thereof suffer death without benefit of clergy.

a bill to amend an act intitled “an act for raising a supply of money for public exigencies”1

Whereas, by an act of the last session of the General Assembly entitled an act for raising a supply of money for public exigencies it was enacted that a tax or rate of ten shillings for every hundred pounds value should be paid among other things upon all slaves by the owner or proprietor; and that the value of such slaves should be estimated by assessors Edition: current; Page: [329] to be appointed in every hundred: and it hath been already seen that such valuation will be very unequal, slaves of the same value being estimated at three or four times more in some places than in others, insomuch that the sd tax on this particular is like to be very heavy on some citizens of this commonwealth and light on others which is unequal and unjust and it is believed that if one certain rate by the head be fixed on, all slaves bearing the same proportion to their average value as the said pound rate bore to their respective values, it will be more equal in the whole, it being supposed that in most parcels of slaves there will be nearly the same proportion of valuable & of indifferent.

Be it therefore enacted by the General assembly that as well for the present as the remaining years of the term during which the sd act is to continue in force a tax of fifteen shillings by the head shall be paid on all slaves of whatever age or sex, in lieu of the sd rate of ten shillings in every hundred pounds value; and in like manner the double of the sd tax by those who by the sd act were to pay a double rate. And when the assessors shall have noted therein the number of slaves for which they shall have assessed a pound rate on the proprietor the commissioners shall extend against such proprietor the tax aforesd in lieu of the pound rate on the sd slaves extended by the assessors; and where they shall not have so noted the number of slaves they shall be required by the sd Commissioners forthwith to do it. And if any person shall have paid such pound rate before notice of this act if the same were greater Edition: current; Page: [330] than the tax hereby imposed he may require the sheriff to refund the difference or overplus and on failure may recover the same before any justice if the sum be under twenty-five shillings, and if it amount to that sum then on motion before any court giving such sheriff ten days notice thereof: and if the pound rate so paid were less than the tax hereby imposed, then the sheriff shall collect the difference or deficiency in like manner as by the sd act he was authorized to collect the sd pound rate. And doubts having arisen where slaves are hired whether the sd pound rate should be paid by the owner or hirer, and as a like doubt may arise as to the tax hereby imposed, it is declared that the sd tax is paiable by the owner, unless otherwise settled by contract between the parties.

draft of bill of attainder against josiah philips1

Whereas a certain Josiah Philips, labourer, of the parish of Lynhaven and county of Princess Anne Edition: current; Page: [331] together with divers other inhabitants of the counties of Princess Anne & Norfolk and citizens of this commonwealth contrary to their fidelity associating and confederating together have levied war against this Commonwealth, within the same, committing Edition: current; Page: [332] murders, burning houses, wasting farms and still continue to exercise the same enormities on the good people of this commonwealth: and whereas the delays which would attend the proceeding to outlaw the said Edition: current; Page: [333] offenders according to the usual forms and procedures of the courts of law, would leave the said good people for a long time exposed to murder & devastation.

Be it therefore enacted by the General Assembly that if the said Josiah Philips his associates and confederates Edition: current; Page: [334] shall not on or before the day of June in this present year render themselves to the Governor or to some member of the privy council, judge of the General court, justice of the peace or commissioned officer of the regular troops, navy, or militia Edition: current; Page: [335] of this commonwealth in order to their trials for the treasons, murders & other felonies by them committed, that then such of them the said Josiah Philips his associates and confederates as shall not so render him or themselves, shall stand and be convicted and attainted of high treason, and shall suffer Edition: current; Page: [336] the pains of death, and incur all forfeitures, penalties & disabilities prescribed by the law against those convicted & attainted of High-treason: and that execution of this sentence of attainder shall be done by order of the General Court to be entered so soon as may be conveniently after notice that any of the said offenders are in custody of the keeper of the public gaol, and if any person committed to the custody of the keeper of the public gaol, as an associate or confederate of the sd Josiah Philips shall alledge that he hath not been of his associates or confederates at any time after the day of in the year of our lord at which time the sd murders & devastations were begun, a petty jury shall be summoned & charged according to the forms of the law to try in presence of the said court the fact so alledged; and if it be found against the defendant, execution of this act shall be done as before directed.

And that the good people of this commonwealth may not in the mean-time be subject to the unrestrained hostilities of the said insurgents, be it further enacted that from and after the passing of this act it shall be lawful for any person with or without orders, to pursue and slay the said Josiah Philips and any others who have been his associates or confederates at any time after the sd day of aforesaid and shall not have previously rendered him or themselves to any of the officers civil or military before described, or otherwise to take and deliver them to justice to be dealt with according to law.

Provided that the person so slain be in arms at the time or endeavoring to escape being taken.

to richard henry lee1

—I am now to acknowledge the receipt of two of your favors, during the session of Assembly, but there being little to communicate to you, and that, being a busy time with me, has prevented my doing it sooner. The Assembly rose on Monday last; their only act which can shortly aid our army, was one for raising a regiment of horse, which, I think, will be raised as fast as it can be accoutred. Another act they passed, will also produce aid to our army, I hope, but it will be some [delay?] first; it was for giving great encouragement to soldiers, and appointing recruiting officers all over the country, to attend all publick places. By a third act, they foolishly repeated the experiment of raising volunteers; the first attempt was pardonable, because its ill-success could not be foreseen; the second is worse than ridiculous, because it may deceive our friends; I am satisfied there will not be a company raised. I wish Congress would commute a good part of the infantry required from us, for an equivalent force in horse. This service opens us a new fund of young men, who have not yet stepped forth; I mean those whose indolence or education, has unfitted them for foot service; this may be worth your thinking of. We passed the bill of pardon, recommended by Congress, but the Senate rejected it. Your letter, about enlarging your powers over the confederation, was not proceeded on, because the nature of the enlargement was not chalked out Edition: current; Page: [338] by you so intelligibly as enabled the house to do anything, unless they had given a carteblanche. Indeed, I believe, that, had the alterations proposed been specified unless they had been mere form indeed, it might have been difficult to obtain their consent. A Frenchman arrived here a week ago, with a vast cargo of woolens, made and unmade, stockings, shoes, &c. fit for the army, fifty thousand weight of powder, and other articles; the master had once sold the whole cargo, to the governor and council, for 5s 3p the livre, first cost; but, on suggestions from some of our forestallers, and those from Maryland, he flew off. Our bay is clear of the enemy. Nothing new here. I set out for Albemarle, within a day or two. Mr. Harvie will be with you in about three weeks. My complements to your brethren of the delegation, and am, dear sir, Your friend and servant,

to —

—Your letter of Sep. 15. 1777 from Paris comes safe to hand. We have not however had the pleasure of seeing Mr. De Cenis, the bearer of it in this country, as he joined the army in Pennsylvania as soon as he arrived. I should have taken particular pleasure in serving him on your recommendation. From the kind anxiety expressed in your letter as well as from other sources of information we discover that our enemies have filled Europe with Edition: current; Page: [339] Thrasonic accounts of victories they had never won and conquests they were fated never to make. While these accounts alarmed our friends in Europe they afforded us diversion. We have long been out of all fear for the event of the war. I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence. This is the best history of the war which can be brought within the compass of a letter. I believe the account to be near the truth, tho’ it is difficult to get at the numbers lost by an enemy with absolute precision. Many of the articles have been communicated to us from England as taken from the official returns made by their General. I wish it were in my power to send you as just an account of our loss. But this cannot be done without an application to the war office which being in another county is at this time out of my reach. I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy. If there could have been a doubt before as to the event of the war it is now totally removed by the interposition of France, & the generous alliance she has entered into with us. Tho’ much of my time is employed in the councils of America I have yet a little leisure to indulge my fondness for philosophical studies. I could wish to Edition: current; Page: [340] correspond with you on subjects of that kind. It might not be unacceptable to you to be informed for instance of the true power of our climate as discoverable from the thermometer, from the force & direction of the winds, the quantity of rain, the plants which grow without shelter in winter &c. On the other hand we should be much pleased with cotemporary observations on the same particulars in your country, which will give us a comparative view of the two climates. Farenheit’s thermometer is the only one in use with us, I make my daily observations as early as possible in the morning & again about 4 o’clock in the afternoon, these generally showing the maxima of cold & heat in the course of 24 hours. I wish I could gratify your Botanical taste; but I am acquainted with nothing more than the first principles of that science; yet myself & my friends may furnish you with any Botanical subjects which this country affords, and are not to be had with you; and I shall take pleasure in procuring them when pointed out by you. The greatest difficulty will be the means of conveyance during the continuance of the war.

If there is a gratification which I envy any people in this world, it is to your country its music. This is the favorite passion of my soul, & fortune has cast my lot in a country where it is in a state of deplorable barbarism. From the line of life in which we conjecture you to be, I have for some time lost the hope of seeing you here. Should the event prove so, I shall ask your assistance in procuring a substitute, who may be a proficient in singing, Edition: current; Page: [341] & on the Harpsichord. I should be contented to receive such an one two or three years hence, when it is hoped he may come more safely and find here a greater plenty of those useful things which commerce alone can furnish. The bounds of an American fortune will not admit the indulgence of a domestic band of musicians, yet I have thought that a passion for music might be reconciled with that economy which we are obliged to observe. I retain for instance among my domestic servants a gardener (Ortolans), a weaver (Tessitore di lino e lin), a cabinet maker (Stipeltaio) and a stone cutter (Scalpellino laborante in piano) to which I would add a vigneron. In a country where like yours music is cultivated and practised by every class of men I suppose there might be found persons of those trades who could perform on the French horn, clarinet or hautboy & bassoon, so that one might have a band of two French horns, two clarinets, & hautboys & a bassoon, without enlarging their domestic expenses. A certainty of employment for a half dozen years, and at the end of that time to find them if they choose a conveyance to their own country might induce them to come here on reasonable wages. Without meaning to give you trouble, perhaps it might be practicable for you in [your] ordinary intercourse with your people, to find out such men disposed to come to America. Sobriety and good nature would be desirable parts of their characters. If you think such a plan practicable, and will be so kind as to inform me what will be necessary to be done on my part I will take care Edition: current; Page: [342] that it shall be done. The necessary expenses, when informed of them, I can remit before they are wanting, to any port in France, with which country alone we have safe correspondence. I am Sir with much esteem your humble servant.

resolutions concerning peace with england1

Resolved unanimously that a proposition from the Enemy to all or any of these United States for Peace or truce separate from their Allies is insidious and inadmissable.

Resolved unanimously that a proposition from the enemy for treating with any Assembly or Body of men in America other than the Congress of these United States is insidious and inadmissable.

Resolved unanimously that this Assembly will not listen to any Proposition nor suffer any Negotiation inconsistent with their National Faith and federal union.

Resolved unanimously that this assembly will exert the utmost Power of the State to carry on the War with vigour and effect until Peace shall be obtained in a manner consistent with our National Faith and Federal Union.

to rev. samuel henley1

—Mr. Madison I believe informed you by letter written some time ago that one of your boxes of books left in his care burst open in removing it from the college to the president’s house for greater security. This accident discovered them to be in a state of ruin. They had contracted a dampness & stuck together in large blocks, insomuch that they could not sometimes be separated without tearing the cover. I happened to be in town & was of opinion with Mr. Madison that it was necessary to overhaul them and give them air. Indeed we both thought—I think it would be for your interest to have them sold, as books are now in considerable demand here, and, packed as they are in boxes, they must sustain injury. There are many of them which I would be glad to take myself at their stirling cost and would remit you the money by the way of France. That cost might be fixed either by note from yourself, informing me what they cost you, or by the estimate of anybody here in whom you trust. Upon a presumption that you could not but approve of the proposal to have them disposed of & the money remitted, for the reasons before given & others which you may apprehend but would be improper for me to explain, I have taken the liberty of laying apart many of them for myself, leaving with Mr. Madison a catalogue of them, and ready to return them to him if Edition: current; Page: [344] you shall direct it. I shall be glad of your answer as soon as possible, and will gladly serve you in the care of any interest you may have left here. The reasons are obvious which restrain this letter to matters of business. As soon as the obstacles to friendly correspondence are removed I shall be glad at all times to hear from you. I am Reverend Sir

to david rittenhouse1

—I sincerely congratulate you on the recovery of Philadelphia, and wish it may be found uninjured by the enemy—how far the interests of literature may have suffered by the injury or removal of the Orrery (as it is miscalled) the publick libraries, your papers & implements, are doubts which still excite anxiety. We were much disappointed in Virginia generally on the day of the great eclipse, which proved to be cloudy. In Williamsburgh, where it was total, I understand only the beginning was seen. At this place which is in Lat. 38°-8′ and Longitude West from Williamsburgh about 1°-45′ as is conjectured, eleven digits only were supposed to be covered, as it was not seen at all till the moon had advanced nearly one third over the sun’s disc. Afterwards it was seen at intervals Edition: current; Page: [345] through the whole. The egress particularly was visible. It proved however of little use to me for want of a time piece that could be depended on; which circumstance, together with the subsequent restoration of Philadelphia to you, has induced me to trouble you with this letter to remind you of your kind promise of making me an accurate clock; which being intended for astronomical purposes only, I would have divested of all apparatus for striking or for any other purpose, which by increasing it’s complication might disturb it’s accuracy. A companion to it, for keeping seconds, and which might be moved easily, would greatly add to it’s value. The theodolite, for which I spoke to you also, I can now dispense with, having since purchased a most excellent one.

Writing to a philosopher, I may hope to be pardoned for intruding some thoughts of my own tho’ they relate to him personally. Your time for two years past has, I believe, been principally employed in the civil government of your country. Tho’ I have been aware of the authority our cause would acquire with the world from it’s being known that yourself & Doct^r. Franklin were zealous friends to it and am myself duly impressed with a sense of the arduousness of government, and the obligation those are under who are able to conduct it, yet I am also satisfied there is an order of geniusses above that obligation, & therefore exempted from it, nobody can conceive that nature ever intended to throw away a Newton upon the occupations of a crown. It would have been a prodigality for which even the conduct Edition: current; Page: [346] of providence might have been arraigned, had he been by birth annexed to what was so far below him. Cooperating with nature in her ordinary economy we should dispose of and employ the geniusses of men according to their several orders and degrees. I doubt not there are in your country many persons equal to the task of conducting government: but you should consider that the world has but one Ryttenhouse, & that it never had one before. The amazing mechanical representation of the solar system which you conceived & executed, has never been surpassed by any but the work of which it is a copy. Are those powers then, which being intended for the erudition of the world are, like air and light, the world’s common property, to be taken from their proper pursuit to do the commonplace drudgery of governing a single state, a work which may be executed by men of an ordinary stature, such as are always & everywhere to be found? Without having ascended mount Sinai for inspiration, I can pronounce that the precept, in the decalogue of the vulgar, that they shall not make to themselves “the likeness of anything that is in the heavens above” is reversed for you, and that you will fulfill the highest purposes of your creation by employing yourself in the perpetual breach of that inhibition. For my own country in particular you must remember something like a promise that it should be adorned with one of them. The taking of your city by the enemy has hitherto prevented the proposition from being made & approved by our legislature. The zeal of a true whig in science must Edition: current; Page: [347] excuse the hazarding these free thoughts, which flow from a desire of promoting the diffusion of knowledge & of your fame, and from one who can assure you truly that he is with much sincerity & esteem Your most obed^t. & most humble serv^t.

P. S. If you can spare as much time as to give me notice of the receipt of this, & what hope I may form of my clocks, it will oblige me. If sent to Fredericksburgh it will come safe to hand.

a bill for giving the members of the assembly an adequate allowance1

Whereas it is just that members of General assembly, delegated by the people to transact for them the legislative business, should, while attending that business, have their reasonable sustenance defrayed, dedicating to the public service their time and labors freely & without account: and it is also expedient that the public councils should not be deprived of the aid of good & able men, who might be deterred from entering into them by the insufficiency of their private fortunes to be the extraordinary expences they must necessarily incur:

And it being inconsistent with the principles of civil liberty, & contrary to the natural rights of the Edition: current; Page: [348] other members of the society, that any body of men therein should have authority to enlarge their own powers, prerogatives, or emoluments without restraint the sd General assembly cannot at their own will increase the allowance which their members are to draw from the public treasury for their expences while in assembly; but to enable them so to do an application to the body of the people has become necessary:

And such application having been accordingly made to the freeholders of the several counties, & they having thereupon consented that the sd allowance shall be enlarged, and authorised & instructed their members to enlarge the same for themselves & the members of all future assemblies, to pounds of nett tobacco by the day for attendance on assembly, & to lbs of like tobacco for every mile they must necessarily travel going to or from the same, together with their ferriages, to be paid in money out of the public treasury at such rate as shall be estimated by the court of appeals at their session next before the meeting of every session of assembly, governing themselves in the said estimate by the worth of the sd tobacco, & the competence of the same to defray the necessary expences of travelling & attendance:

Be it therefore enacted by the General assembly by express authority & instruction from the body of the people that the allowance to the several members of the present & of all future assemblies shall be of pounds of tobacco by the day for attendance on the sd assemblies, lbs of the like Edition: current; Page: [349] tobacco for every mile they must necessarily travel going to or from the same, together with their ferriages; to be paid to them in money out of the public treasury at such rate as shall be estimated by the court of appeals at their session next before the meeting of each respective session of assembly, governing themselves in the said estimate by the worth of the sd tobacco & the competence of the same to defray the necessary expences of travelling & attendance.

to george wythe

—Since I left you I have reflected on the bill regulating the practising of attornies, & of our omitting to continue the practitioners at the County & General Courts separate. I think the bar of the General Court a proper & an excellent nursery for future judges if it be so regulated as that science may be encouraged & may live there. But this can never be if an inundation of insects is permitted to come from the county courts & consume the harvest. These people traversing the counties seeing the clients frequently at their own courts, or, perhaps at their own houses must of necessity pick up all the business. The convenience of frequently seeing their counsel without going from home cannot be withstood by the country people. Men of science then (if there were to be any) would only be employed as auxiliary counsel in difficult cases. But can they live by that? Certainly not. The present Edition: current; Page: [350] members of that kind therefore must turn marauders in the county courts; & in future none will have leisure to acquire science. I should therefore be for excluding the county court attorneys, or rather for taking the general court lawyers from the incessant drudgery of the county courts & confining them to their studies that they may qualify themselves as well to support their clients as to become worthy successors to the bench. I hope to see the time when the election of Judges of the Supreme Courts shall be restrained to the bars of the General Court & High Court of Chancery, for when I speak of the former above, I mean to include the latter. I should even in our present bills have no objections to inserting such a restriction to take place seven or fourteen years hene. Adieu.

to the governor of virginia. (patrick henry)

—A report prevailing here, that in consequence of some powers from Congress, the Governor and Council have it in contemplation to remove the Convention troops, either wholly or in part, from their present situation, I take the liberty of troubling you with some observations on that subject. The reputation and interest of our country, in general, may be affected by such a measure: it would, therefore, hardly be deemed an indecent liberty in the most private citizen, to offer his thoughts to the consideration of the Executive. The locality of my Edition: current; Page: [351] situation, particularly in the neighborhood of the present barracks, and the public relation in which I stand to the people among whom they are situated, together with a confidence which a personal knowledge of the members of the Executive gives me, that they will be glad of information from any quarter, on a subject interesting to the public, induce me to hope that they will acquit me of impropriety in the present representation.

By an article in the Convention of Saratoga, it is stipulated, on the part of the United States, that the officers shall not be separated from their men. I suppose the term officers, includes general as well as regimental officers. As there are general officers who command all the troops, no part of them can be separated from these officers without a violation of the article: they cannot, of course, be separated from one another, unless the same general officer could be in different places at the same time. It is true, the article adds the words, “as far as circumstances will admit.” This was a necessary qualification; because, in no place in America, I suppose, could there have been found quarters for both officers and men together; those for the officers to be according to their rank. So far, then, as the circumstances of the place where they should be quartered, should render a separation necessary, in order to procure quarters for the officers, according to their rank, the article admits that separation. And these are the circumstances which must have been under the contemplation of the parties; both of whom, and all the world beside (who are ultimate judges in the case), Edition: current; Page: [352] would still understand that they were to be as near in the environs of the camp, as convenient quarters could be procured; and not that the qualification of the article destroyed the article itself, and laid it wholly at our discretion. Congress, indeed, have admitted of this separation; but are they so far lords of right and wrong as that our consciences may be quiet with their dispensation? Or is the case amended by saying they leave it optional in the Governor and Council to separate the troops or not? At the same time that it exculpates not them, it is drawing the Governor and Council into a participation in the breach of faith. If indeed it is only proposed, that a separation of the troops shall be referred to the consent of their officers; that is a very different matter. Having carefully avoided conversation with them on public subjects, I cannot say, of my own knowledge, how they would relish such a proposition. I have heard from others, that they will choose to undergo anything together, rather than to be separated, and that they will remonstrate against it in the strongest terms. The Executive, therefore, if voluntary agents in this measure, must be drawn into a paper war with them, the more disagreeable, as it seems that faith and reason will be on the other side. As an American, I cannot help feeling a thorough mortification, that our Congress should have permitted an infraction of our public honor; as a citizen of Virginia, I cannot help hoping and confiding, that our Supreme Executive, whose acts will be considered as the acts of the Commonwealth, estimate that honor too highly to Edition: current; Page: [353] make its infraction their own act. I may be permitted to hope, then, that if any removal takes place, it will be a general one; and, as it is said to be left to the Governor and Council to determine on this, I am satisfied that, suppressing every other consideration, and weighing the matter dispassionately, they will determine upon this sole question, Is it for the benefit of those for whom they act, that the Convention troops should be removed from among them? Under the head of interest, these circumstances, viz., the expense of building barracks, said to have been £25,000, and of removing the troops backwards and forwards, amounting to, I know not how much, are not to be permitted, merely because they are Continental expenses; for we are a part of the Continent; we must pay a shilling of every dollar wasted. But the sums of money which, by these troops, or on their account, are brought into, and expended in this State, are a great and local advantage. This can require no proof. If, at the conclusion of the war, for instance, our share of the Continental debt should be twenty millions of dollars, or say that we are called on to furnish an annual quota of two millions four hundred thousand dollars, to Congress, to be raised by tax, it is obvious that we should raise these given sums with greater or less ease, in proportion to the greater or less quantity of money found in circulation among us. I expect that our circulating money is [increased?], by the presence of these troops, at the rate of $30,000 a week, at the least. I have heard, indeed, that an objection arises to their being kept within this State, Edition: current; Page: [354] from the information of the commissary that they cannot be subsisted here. In attending to the information of that officer, it should be borne in mind that the county of King William and its vicinities are one thing, the territory of Virginia another. If the troops could be fed upon long letters, I believe the gentleman at the head of that department in this country, would be the best commissary upon earth. But till I see him determined to act, not to write; to sacrifice his domestic ease to the duties of his appointment, and apply to the resources of this country, wheresoever they are to be had, I must entertain a different opinion of him. I am mistaken if, for the animal subsistence of the troops hitherto, we are not principally indebted to the genius and exertions of Hawkins, during the very short time he lived after his appointment to that department, by your board. His eye immediately pervaded the whole State, it was reduced at once to a regular machine, to a system, and the whole put into movement and animation by the fiat of a comprehensive mind. If the Commonwealth of Virginia cannot furnish these troops with bread, I would ask of the commissariat, which of the thirteen is now become the grain colony? If we are in danger of famine from the addition of four thousand mouths, what is become of that surplus of bread, the exportation of which used to feed the West Indies and Eastern States, and fill the colony with hard money? When I urge the sufficiency of this State, however, to subsist these troops, I beg to be understood, as having in contemplation the quantity of provisions necessary Edition: current; Page: [355] for their real use, and not as calculating what is to be lost by the wanton waste, mismanagement, and carelessness of those employed about it. If magazines of beef and pork are suffered to rot by slovenly butchering, or for want of timely provision and sale; if quantities of flour are exposed, by the commissaries entrusted with the keeping it, to pillage and destruction; and if, when laid up in the Continental stores, it is still to be embezzled and sold, the land of Egypt itself would be insufficient for their supply, and their removal would be necessary, not to a more plentiful country, but to more able and honest commissaries. Perhaps the magnitude of this question, and its relation to the whole State, may render it worth while to await the opinion of the National Council, which is now to meet within a few weeks. There is no danger of distress in the meantime, as the commissaries affirm they have a great sufficiency of provisions for some time to come. Should the measure of removing them into another State be adopted, and carried into execution, before the meeting of Assembly, no disapprobation of theirs will bring them back, because they will then be in the power of others, who will hardly give them up.

Want of information as to what may be the precise measure proposed by the Governor and Council, obliges me to shift my ground, and take up the subject in every possible form. Perhaps, they have not thought to remove the troops out of this State altogether, but to some other part of it. Here, the objections arising from the expenses of removal, and of building new barracks, recur. As to animal food, Edition: current; Page: [356] it may be driven to one part of the country as easily as to another: that circumstance, therefore, may be thrown out of the question. As to bread, I suppose they will require about forty or forty-five thousand bushels of grain a year. The place to which it is to be brought to them, is about the centre of the State. Besides, that the country round about is fertile, all the grain made in the counties adjacent to any kind of navigation, may be brought by water to within twelve miles of the spot. For these twelve miles, wagons must be employed; I suppose half a dozen will be a plenty. Perhaps, this part of the expense might have been saved, had the barracks been built on the water; but it is not sufficient to justify their being abandoned now they are built. Wagonage, indeed, seems to the commissariat an article not worth economizing. The most wanton and studied circuity of transportation has been practised: to mention only one act, they have bought quantities of flour for these troops in Cumberland, have ordered it to be wagoned down to Manchester, and wagoned thence up to the barracks. This fact happened to fall within my own knowledge. I doubt not there are many more such, in order either to produce their total removal, or to run up the expenses of the present situation, and satisfy Congress that the nearer they are brought to the commissary’s own bed, the cheaper they will be subsisted. The grain made in the western counties may be brought partly in wagons, as conveniently to this as to any other place; perhaps more so, on account of its vicinity to one of the best passes through the Blue Ridge; and Edition: current; Page: [357] partly by water, as it is near to James river, to the navigation of which, ten counties are adjacent above the falls. When I said that the grain might be brought hither from all the counties of the State adjacent to navigation, I did not mean to say it would be proper to bring it from all. On the contrary, I think the commissary should be instructed, after the next harvest, not to send one bushel of grain to the barracks from below the falls of the rivers, or from the northern counties. The counties on tide water are accessible to the calls for our own army. Their supplies ought, therefore, to be husbanded for them. The counties in the northwestern parts of the State are not only within reach for our own grand army, but peculiarly necessary for the support of Macintosh’s army; or for the support of any other northwestern expedition, which the uncertain conduct of the Indians should render necessary; insomuch, that if the supplies of that quarter should be misapplied to any other purpose, it would destroy, in embryo, every exertion, either for particular or general safety there. The counties above tide water, in the middle and southern and western parts of the country, are not accessible to calls for either of those purposes, but at such an expense of transportation as the article would not bear. Here, then, is a great field, whose supplies of bread cannot be carried to our army, or rather, which will raise no supplies of bread, because there is nobody to eat them. Was it not, then, wise in Congress to remove to that field four thousand idle mouths, who must otherwise have interfered with the pasture of our Edition: current; Page: [358] own troops? And, if they are removed to any other part of the country, will it not defeat this wise purpose? The mills on the waters of James river, above the falls, open to canoe navigation, are very many. Some of them are of great note, as manufacturers. The barracks are surrounded by mills. There are five or six round about Charlottesville. Any two or three of the whole might, in the course of the winter, manufacture flour sufficient for the year. To say the worst, then, of this situation, it is but twelve miles wrong. The safe custody of these troops is another circumstance worthy consideration. Equally removed from the access of an eastern or western enemy; central to the whole State, so that should they attempt an irruption in any direction, they must pass through a great extent of hostile country; in a neighborhood thickly inhabited by a robust and hardy people zealous in the American cause, acquainted with the use of arms, and the defiles and passes by which they must issue: it would seem, that in this point of view, no place could have been better chosen.

Their health is also of importance. I would not endeavor to show that their lives are valuable to us, because it would suppose a possibility, that humanity was kicked out of doors in America, and interest only attended to. The barracks occupy the top and brow of a very high hill, (you have been untruly told they were in a bottom.) They are free from bog, have four springs which seem to be plentiful, one within twenty yards of the piquet, two within fifty yards, and another within two hundred and Edition: current; Page: [359] fifty, and they propose to sink wells within the piquet. Of four thousand people, it should be expected, according to the ordinary calcalutions, that one should die every day. Yet, in the space of near three months, there have been but four deaths among them; two infants under three weeks old, and two others by apoplexy. The officers tell me, the troops were never before so healthy since they were embodied.

But is an enemy so execrable, that, though in captivity, his wishes and comforts are to be disregarded and even crossed? I think not. It is for the benefit of mankind to mitigate the horrors of war as much as possible. The practice, therefore, of modern nations, of treating captive enemies with politeness and generosity, is not only delightful in contemplation, but really interesting to all the world, friends, foes, and neutrals. Let us apply this: the officers, after considerable hardships, have all procured quarters, comfortable and satisfactory to them. In order to do this, they were obliged, in many instances, to hire houses for a year certain, and at such exorbitant rents, as were sufficient to tempt independent owners to go out of them, and shift as they could. These houses, in most cases, were much out of repair. They have repaired them at a considerable expense. One of the general officers has taken a place for two years, advanced the rent for the whole time, and been obliged, moreover, to erect additional buildings for the accommodation of part of his family, for which there was not room in the house rented. Independent of the brick work, for Edition: current; Page: [360] the carpentry of these additional buildings, I know he is to pay fifteen hundred dollars. The same gentleman, to my knowledge, has paid to one person three thousand six hundred and seventy dollars for different articles to fix himself commodiously. They have generally laid in their stocks of grain and other provisions, for it is well known that officers do not live on their rations. They have purchased cows, sheep, &c., set in to farming, prepared their gardens, and have a prospect of comfort and quiet before them. To turn to the soldiers: the environs of the barracks are delightful, the ground cleared, laid off in hundreds of gardens, each enclosed in its separate paling; these well prepared, and exhibiting a fine appearance. General Riedezel alone laid out upwards of two hundred pounds in garden seeds for the German troops only. Judge what an extent of ground these seeds would cover. There is little doubt that their own gardens will furnish them a great abundance of vegetables through the year. Their poultry, pigeons and other preparations of that kind, present to the mind, the idea of a company of farmers, rather than a camp of soldiers. In addition to the barracks built for them by the public, and now very comfortable, they have built great numbers for themselves, in such messes as fancied each other; and the whole corps, both officers and men, seem now happy and satisfied with their situation. Having thus found the art of rendering captivity itself comfortable, and carried it into execution, at their own great expense and labor, their spirits sustained by the prospect of gratifications rising Edition: current; Page: [361] before their eyes, does not every sentiment of humanity revolt against the proposition of stripping them of all this, and removing them into new situations, where, from the advanced season of the year, no preparations can be made for carrying themselves comfortably through the heats of summer; and when it is known that the necessary advances for the conveniences already provided, have exhausted their funds and left them unable to make the like exertions anew. Again, review this matter, as it may regard appearances. A body of troops, after staying a twelvemonth at Boston, are ordered to take a march of seven hundred miles to Virginia, where, it is said, they may be plentifully subsisted. As soon as they are there, they are ordered on some other march, because, in Virginia, it is said, they cannot be subsisted. Indifferent nations will charge this either to ignorance, or to whim and caprice; the parties interested, to cruelty. They now view the proposition in that light, and it is said, there is a general and firm persuasion among them, that they were marched from Boston with no other purpose than to harass and destroy them with eternal marches. Perseverance in object, though not by the most direct way, is often more laudable than perpetual changes, as often as the object shifts light. A character of steadiness in our councils, is worth more than the subsistence of four thousand people.

There could not have been a more unlucky concurrence of circumstances than when these troops first came. The barracks were unfinished for want of laborers, the spell of weather the worst ever Edition: current; Page: [362] known within the memory of man, no stores of bread laid in, the roads, by the weather and number of wagons, soon rendered impassable: not only the troops themselves were greatly disappointed, but the people in the neighborhood were alarmed at the consequences which a total failure of provisions might produce. In this worst state of things, their situation was seen by many and disseminated through the country, so as to occasion a general dissatisfaction, which even seized the minds of reasonable men, who, if not affected by the contagion, must have foreseen that the prospect must brighten, and that great advantages to the people must necessarily arise. It has, accordingly, so happened. The planters, being more generally sellers than buyers, have felt the benefit of their presence in the most vital part about them, their purses, and are now sensible of its source. I have too good an opinion of their love of order to believe that a removal of these troops would produce any irregular proofs of their disapprobation, but I am well assured it would be extremely odious to them.

To conclude. The separation of these troops would be a breach of public faith, therefore I suppose it is impossible; if they are removed to another State, it is the fault of the commissaries; if they are removed to any other part of the State, it is the fault of the commissaries; and in both cases, the public interest and public security suffer, the comfortable and plentiful subsistence of our own army is lessened, the health of the troops neglected, their wishes crossed, and their comforts torn from them, Edition: current; Page: [363] the character of whim and caprice, or, what is worse, of cruelty, fixed on us as a nation, and, to crown the whole, our own people disgusted with such a proceeding.

I have thus taken the liberty of representing to you the facts and the reasons, which seem to militate against the separation or removal of these troops. I am sensible, however, that the same subject may appear to different persons, in very different lights. What I have urged as reasons, may, to sounder minds, be apparent fallacies. I hope they will appear, at least, so plausible, as to excuse the interposition of

Your Excellency’s most obedient and most humble servant.

to richard henry lee1

—Among the convention prisoners in this neighborhood is a Baron de Geismar of the Germans, brigade major to Genl. Gall, whose situation I would wish to make you acquainted with. He is the only son of a German nobleman, and has I believe an only sister; his father, now 70 years of age, if living; and excessively anxious to see him before his death. His Patrimonial expectations in danger of being transferred to others in the weak state of his father, or perhaps plundered in the case of his death; the footing on which he stands with Edition: current; Page: [364] his prince such as might give him reason to hope for protection were he on the spot, but everything of that kind certain of passing by him as long as he is absent. Under the circumstances, captivity is peculiarly injurious to him, & he petitions Congress to exchange him if possible, or otherwise permit him to return home on any parole they will describe. I am satisfied he will carry with him no disposition to injure us; and his personal merit, with which I am become intimately acquainted, entitles him to every indulgence consistent with the indispensable rules of Congress. I take the liberty of recommending his request to your sollicitations, as from a knowledge of the man I am become interested in his happiness. Whatever you can do for him will be considered as a peculiar obligation on Dr. Sir, Your friend & serv’t.

to gabriel jones1

—By Mrs. Harvey I inclose to you the principle and interest of the money you were so Edition: current; Page: [365] kind as to lend me some years ago. It furnishes me also with an occasion of acknowledging, with this, the many other obligations under which you have laid me, of which I shall always be proud to shew a due sense, whenever opportunities shall offer. I am, dear sir, with much esteem, your friend and servant.

a bill concerning escheats and forfeitures from british subjects2

Whereas during the connection which subsisted between the now United States of America and the other parts of the British empire, & their subjection to one common prince the inhabitants of either part had all the rights of natural born subjects in the Edition: current; Page: [366] other, & so might lawfully take & hold real property, and transmit the same by descent to their heirs in fee simple, which could not be done by mere aliens; and the inhabitants on each part had accordingly acquired real property in the other: and in like manner had acquired personal property which by their common laws might be possessed by any other than an alien enemy & transmitted to executors & administrators: but when by the tyrannies of that prince, & the open hostilities committed by his armies & subjects inhabitants of the other parts of his dominions on the good people of the sd United States they are obliged to wage war in defense of their rights & finally to separate themselves from the rest of the British empire, to renounce all subjection to their common prince, and to become sovereign & independent states, the sd inhabitants of the other parts of the British empire become aliens & enemies to the sd states, & as such, incapable of holding the property real or personal so acquired therein & so much thereof as was within this commonwealth became by the laws vested in the commonwealth.

Nevertheless the General assembly, tho’ provoked by the example of their enemies to a departure from that generosity which so honourably distinguishes the civilized nations of the present age, yet desirous to conduct themselves with moderation & temper, by an act passed at their session in the year 1777 took measures for preventing what had been the property of British subjects within this commonwealth from waste & destruction, by putting the same Edition: current; Page: [367] into the hands & under the management of commissioners appointed for that purpose, that so it might be in their power, if reasonable at a future day, to restore to the former proprietors the full value thereof:

And whereas it is found that the sd property is liable to be lost, wasted & impaired without greater attention in the officers of government than is consistent with the discharge of their public duties and that from the advanced price at which the same would now sell, it may be most for the benefit of the former owners if the same should be restored to them hereafter, or to the public if not so restored, that the sale thereof should take place at this time, & the proceeds be lodged in the public treasury.

Be it therefore enacted by the General assembly that so much of the act before mentioned as may be supposed to have suspended the operation of the law of escheats & forfeitures shall be hereby repealed & that all the property, real & personal within this commonwealth belonging at this time to any British subject, or which did belong to any British subject at the time such escheat or forfeiture may have taken place, shall be deemed to be vested in the commonwealth, the sd real estate by way of escheat & the said personal estate by forfeiture.

The Governor with the advice of council so far as their information will enable them, & the commissioners of the tax within their several counties aided by their assessors shall forthwith institute proper proceedings of escheat & forfeiture for all such Edition: current; Page: [368] property real & personal in which they shall be advised and assisted by the several attornies for the commonwealth.

Where any office in the cases before mentioned shall be found for the commonwealth & returned to the General court, it shall remain there but one month for the claim of any pretending right to the estate, and if within that time no such claim be made, or being made if it be found & discussed for the commonwealth, the title of the owner to such estate real or personal shall be forever barred, but may be afterwards asserted as to the money proceeding from the sale thereof with equal force & advantage as might have been to the thing itself; and such further proceedings shall be had for making sale, of the lands so found, in parcels not greater than 400 acres (to be described by the commissioners hereafter mentioned and measured & marked by metes & bounds by a surveyor where they shall think necessary) and of the other property, as in the cases of escheat & forfeiture; save only that the Governor with advice of council, for every such sale shall appoint two commissioners to superintend & control the proceedings of the sd escheators, which commissioners shall be sworn to use their best endeavors to have the estate to which their trust extends sold to the best advantage. The sd sales shall be for ready money to be paid to the Escheator, who shall retain thereof five per centum for his trouble. His certificate of such paiment in the case of lands, and of the person purchasing, to the register of the land office, shall entitle the purchaser to a Edition: current; Page: [369] grant of the sd lands, if the sd Escheator shall fail to pay the sd money into the hands of the Treasurer within a reasonable time after any such sale (which reasonable time shall be accounted one day for every 20 miles such sale was distant from the public treasury and days of grace in addition thereto) he shall pay interest thereon from the time of the sd sale at the rate of 20 per centum per annum; & moreover it shall be lawful for the Auditors on the last day but one of any General court, or at any court to be held for the county wherein such property was sold, after the expiration of the time allowed for paiment to obtain judgment on motion against such Escheator his heirs executors & administrators for the principal sum and such interest, together with costs. And for the information of the Auditors, the commissioners of the sale shall immediately on such sale certify to whom & for how much such sale was made & transmit such certificate by some safe & early conveyance to the Auditors; which certificate shall be legal evidence against such Escheator. The Auditors shall allow the commissioners so appointed the expences of the surveys by them directed & made, & other their reasonable expenses; and such compensation for their trouble as to them shall seem proper. Where the commissioners shall be of opinion that it will be more to the interest of the owner or public that possession of such property real or personal should be retained for finishing & removing a crop or other purpose, it shall be lawful for them to stay the possession as it is now until the day of next, giving Edition: current; Page: [370] notice of such their intentions at the time of sale.

And for preventing doubt who shall be deemed British subjects within the meaning of this act, it is hereby declared & enacted that (1) all persons, subjects of his Britannic majesty, who on the day of April in the year 1775, when hostilities were commenced at Lexington between the United States of America & the other parts of the British empire, were resident or following their vocations in any part of the world other than the sd United states, and have not since either entered into public employment of the sd states, or joined the same and by overt act adhered to them; and (2.) all such subjects inhabitants of any of the sd United States, as were out of the sd states on the same day, & have since by overt act adhered to the enemies of the sd states; and (3) all inhabitants of the sd states who after the sd day and before the commencement of the act of the General assembly intituled ‘an act declaring what shall be treason’ departed from the sd states & joined the subjects of his Britannic majesty of their own free will, or who by any county court within this commonwealth were declared to be British subjects within the meaning & operation of the resolution of the General assembly of and the Governor’s proclamation founded thereon; shall be deemed British subjects within the intention of this act.

But this act shall not extend to debts due to British subjects & paiable into the loan office according to the act of General assembly for sequestering Edition: current; Page: [371] British property; nor take effect on the property of such British subjects as are infants, femes covertes, or insane mind, who within one year after their disability removed and hostilities suspended between his Britannic majesty and the United states shall become citizens of any of the sd states; nor on any lots of land within the town of Richmond as the limits of sd town now are, or shall be at the time of the inquest found, which by the directors of the public buildings shall be included within the squares appropriated for such buildings further than that an office shall be found as to such lots of land and the estimated value thereof be disposed of hereafter as the price would have been by this act had they been exposed to public sale; nor on any other such lots within the same town as shall by the sd directors be declared proper for the public use until buildings be erected on the squares before mentioned, & so long as they shall be applied to such public use.

to john page1

—I received your letter2 by Mr. Jamieson. It had given me much pain, that the zeal of our respective friends should ever have placed you and me in the situation of competitors. I was comforted, however, with the reflection, that it was their competition, not ours, and that the difference of the numbers which decided between us, was too insignificant to give you a pain, or me a Edition: current; Page: [373] pleasure, had our dispositions towards each other been such as to admit those sensations. I know you too well to need an apology for anything you do, and hope you will forever be assured of this; and as to the constructions of the world, they would only have added one to the many sins for which they are to go to the devil. As this is the first, I hope it will be the last, instance of ceremony between us. A desire to see my family, which is in Charles City, carries me thither to-morrow, and I shall not return till Monday. Mrs. Jefferson I believe will not come shortly to town. When she does however she has too much value for Mrs. Page not to consider her acquaintance as a principal among those circumstances which are to reconcile her to her situation. A knowledge of her sentiments on this subject renders it safe in undertaking that she shall do her part in cultivating a friendly intercourse. Be pleased to present my compliments to Mrs. Page, and add this to the assurances I have ever given you, that I am, dear Page, your affectionate friend.

to william fleming1

—I received your letter and have now to thank you for it. Some resolutions of Congress came to hand yesterday desiring an authentic state to be sent them of the cruelties said to have Edition: current; Page: [374] been committed by the enemy during their late invasion. The council had already taken measures to obtain such a state. Tho’ so near the scene where these barbarities are said to have been committed I am not able yet to decide within myself whether they were such or not. The testimony on both sides is such as if heard separately could not admit a moment’s suspension of our faith.

We have lately been extremely disturbed to find a pretty general opinion prevailing that peace and the independence of the thirteen states are now within our power, and that Congress have hesitations on the subject, and delay entering on the consideration. It has even been said that their conduct on this head has been so dissatisfactory to the French minister that he thinks of returning to his own country, ostensibly for better health, but in truth through disgust. Such an event would be deplored here as the most dreadful calamity. It is in contemplation of some gentlemen who conferred on the subject to propose the re-establishment of our committees of correspondence; others thought this too slow for the emergency and that plenipotentiary deputies should be sent to satisfy the mind of the French minister, and to set on foot proper measures for procuring the genuine sense of the several states. The whole however subsided on a supposition that the information might not be true, and that our delegates in Congress would think no obligations of secrecy under which they may have been laid sufficient to restrain them from informing their constituents of any proceedings which may involve the fate Edition: current; Page: [375] of their freedom and independence. It would surely be better to carry on a ten years’ war some time hence than to continue the present an unnecessary moment.

Our land office I think will be opened; the sale of British property take place, and our tax bill put on a better footing. These measures I hope will put our finances into a better way and enable us to cooperate with our sister states in reducing the enormous sums of money in circulation. Every other remedy is nonsensical quackery. The house of delegates have passed a bill for removing the seat of government to Richmond. It hesitates with the Senate. We have established a board of war and a board of trade. I hear from your quarter that Genl. Sullivan is marching with a large army against the Indians. If he succeeds it will be the first instance of a great army doing anything against Indians and his laurels will be greater. We have ever found that chosen corps of men fit for the service of the woods, going against them with rapidity, and by surprize, have been most successful. I believe that our Colo. Clarke if we could properly reinforce him, would be more likely to succeed against those within his reach than Genl. Macintosh’s regular method of proceeding. I shall hope to hear from you often. I put no name to this letter, because letters have miscarried, and if it goes safely you know the hand.

to theodorick bland, jr.1

—Your letter to Governor Henry, of the 1st instant, came to hand yesterday, and I immediately laid it before the council. It gave them pain to hesitate on any request from General Phillips, whose polite conduct has disposed them to every indulgence consistent with the duties of their appointment. The indiscriminate murder of men, women and children, with the horrid circumstances of barbarity practised by the Indian savages, was the particular task of Governor Hamilton’s employment; and if anything could have aggravated the acceptance of such an office, and have made him personally answerable in a high degree, it was that eager spirit with which he is said to have executed it, and which, if the representations before the council are to be credited, seems to have shown that his own feelings and disposition were in unison with his employment. The truth of these representations will be the subject of their inquiry shortly, and the treatment of Governor Hamilton will be mild or otherwise, as his conduct shall appear to merit, upon a more intimate examination. We trust it must furnish a contemplation highly pleasing to the generous soldier, to see honorable bravery respected, even by those against whom it happens to be enlisted, and discriminated from the cruel and cowardly warfare of the savage, whose object in war is to extinguish human nature.

By a letter dated May 27th, you were desired to discharge the militia under your command as soon as you judged it proper; lest that letter should have miscarried, I now enclose you a copy. Colonel Finnie informs me he has written to you to apply for clothes at Winchester, for the use of your regiment of guards, and of the horse now with you. He yesterday showed me a letter from the continental board of war, giving the same directions; he says also that he had lately written to you on the subject of the articles desired for your particular use, and that he is not enabled to procure them more fully.

As to putting the horse now with you on the same pay-roll with the regiment of guards, the council are of opinion that either your own powers are competent to it, or at least that it may be done in concert with the continental paymaster. The regiment of guards is recognized as continental; the duty they are jointly engaged in is continental; they therefore wish that this matter should go into the continental line altogether, rather than be controlled by their interference, where it is not absolutely necessary. I am your most obedient servant, &c.

to richard henry lee1

—I received your letter, and kind congratulations, for which I return you my thanks. In Edition: current; Page: [378] a virtuous government, and more especially in times like these, public offices are, what they should be, burthens to those appointed to them, which it would be wrong to decline, though foreseen to bring with them intense labour, and great private loss. I am, also, still to thank you for a former favour, enclosing a song and receipt. We have little new here. Colonel Clarke’s expedition against St Vincents you know of; his prisoners are arrived at Chesterfield, and three of them brought to this place to be severely dealt with; the enclosed paper will explain that matter. We have 300 men, under Colonel Bowman, in the Shawnee county, of whom we hope to receive good accounts: the destruction of the villages of the Cherokees, at Chuchamogga, and taking their goods, &c., has brought them to sue for peace; but the happiest stroke was the burning twenty-thousand bushels of corn, collected there for the use of the expeditions, which were to have been adopted at the great council. Governor Hamilton had called at the mouth of the Tanissee, as mentioned in the within paper. It is a cruel thought, that, when we feel ourselves standing on the firmest ground, in every respect, the cursed art of our secret enemies, combining with other causes, should effect, by depreciating our money, what the open arms of a powerful enemy could not. What is to be done? Taxation is become of no account, for it is foreseen, that, notwithstanding its increased amount, there will still be a greater deficiency than ever. I own I see no assured hope, but in peace, or a plentiful loan of hard money.

I shall be obliged by your letters, when convenient to you to write. I never was a punctual correspondent to any person, as I must own to my shame; perhaps my present office will put it more out of my power; however as it may sometimes furnish me with matter which may induce me to hope my letters may be worth sending, I may venture to say, you shall hear from me whenever I can get over the twofold difficulty of many letters of absolute necessity, to write, and an innate aversion to that kind of business.

to theodorick bland, jr.1

—Yours of the 14th instant came to hand this day. * * * With respect to Col. Finnie, as a continental officer, [we decline med]dling with his conduct; being yourself in the continental service, [we] take it for granted, that if he fails in his duty you will [put] him under a proper train of enquiry? His assurances to us are fair; one thing only I am to inform you, that however true it may be that he is without money, it is no just excuse for failing to do anything for the public service, because that was never permitted by the executive here, to be on sufferance for want of money. He never applied in vain, and we still are, as we ever have been, ready to lend him (as a continental officer) any monies, which the due discharge of his office may call [for] * * * and politeness at the [least] hardly permits Edition: current; Page: [380] them to suppose the duties of the [post can be as] well discharged by any other, as by yourself. But your health for that very reason is the more to be taken care of. You will please to permit Capt. Bertling and Lieutenant Campbell to pass by land to the lower ferry of the Chickahominy, [where the Flag] lies, and finally settle the business, on which he came, according [to the rules] usual in their service. I enclose you the reasons, which have induced the council to [act] with such rigor with Governor Hamilton and the others there. It is impossible for any generous man to disapprove his sentence. I am, sir, with much [respect,] your most obedient and most humble servant, &c.