and that the Assembly when chosen, do elect Councillors; and that such
Assembly or Council exercise the Powers of Government, untill a Governor of his Majestys Appointment will consent to govern the Colony
according to its Charter.
Ordered That the President transmit a Copy of the Above to the Convention
of Massachusetts Bay.
Although this Advice was in a great degree conformable, to the
New York and
Pensilvania System, or in other Words to the
System of Mr. Dickinson and Mr. Duane, I
thought it an Acquisition, for it was a Precedent of Advice to the
seperate States to institute Governments, and I doubted
not We should soon have more Occasions to follow this Example. Mr. John
Rutledge and Mr. Sullivan had frequent Conversations
with me upon this subject.Mr. Rutledge asked me my Opinion of
a proper form of Government for a State. I answered him that any form, that our
People would consent to institute would be better than none. Even if they
placed all Power in a House of Representatives, and they should appoint
Governors and judges: but I hoped they would be wiser, and preserve the English
Constitution in its Spirit and Substance, as far as the Circumstances of this
Country required or would Admit. That no hereditary Powers ever had existed in
America, nor would they or ought they to be introduced or
proposed. But that I hoped the three Branches of a Legislature would be
preserved, an Executive, independent of the Senate or Council and the House and
above all things the Independence of the Judges. Mr. Sullivan
was fully agreed with me in the necessity of instituting Governments and he
seconded me very handsomely in supporting the Argument in Congress.
Mr. Samuel Adams was with Us in the Opinion of the
Necessity and was industrious in Conversation with the Members out of Doors:
but he very rarely spoke much in Congress, and he was perfectly unsettled in
any Plan to be recommended to a State, always inclining to the most
democratical forms, and even to a single Sovereign Assembly:
untill his Constituents, afterwards in
Boston compelled him to vote for three branches. Mr.
Cushing was also for one Sovereign Assembly, and
Page 2
Mr. Paine were silent and reserved upon the Subject at least
to me.
Not long after this Mr. John Rutledge returned to
South Carolina, and Mr. Sullivan went with
General Washington to
Cambridge: so that I lost two of my able Coadjutors. But We soon
found the Benefit of their Co-operations at a
distance.
On Wednesday October 18.
1775.
The Delegates from
New Hampshire laid before the Congress a part of the
Instructions delivered to them by their Colony, in these Words:
"We would have you immediately Use your utmost
Endeavours, to obtain the Advice and direction of
the Congress, with respect to a Method for our Administering justice, and
regulating our civil Police. We press you not to delay this matter, as its
being done speedily will probably prevent the greatest confusion among Us."
[illegible] This Instruction might have been obtained by
Mr. Langdon or Mr. Whipple but I always
supposed it was General Sullivan, who suggested the measure
because he left Congress with a stronger impression upon his mind of the
importance of it, than I ever observed in either of the others. Be this however
as it may have been, I embraced with joy the opportunity of
harranguing on the Subject at large, and of urging
Congress to resolve on a general recommendation to all the States to call
Conventions and institute regular Governments. I reasoned from various
Topicks, many of which perhaps I could not now
recollect. Some I remember as 1. The danger of the Morals of the People, from
the present loose State of Things and general relaxation of Laws and Government
through the Union. 2. The danger of Insurrections in some of the most
disaffected parts of the Colonies, in
favour of the
Enemy or as they called them, the Mother Country, an expression that I thought
it high time to erase out of our Language. 3. Communications and Intercourse
with the
Ennemy, from various parts of the Continent
could not be wholly prevented, while any of the Powers of Government remained,
in the hands of the Kings servants. 4. It could not well be considered as a
Crime to communicate Intelligence, or to Act as Spies or Guides to the
Ennemy, without assuming all the Powers of Government.
5. The People of
America, would never consider our Union as
compleat, but our Friends would always suspect divisions
among
Page 3
among Us, and our
Ennemies who
were scattered in larger or smaller Numbers not only in every State and City,
but in every Village through the whole Union, would forever represent Congress
as divided, and ready to break to pieces, and in this Way would intimidate and
discourage multitudes of our People who wished Us well. 6. The Absurdity of
carrying on War, against a King, When so many Persons were daily taking Oaths
and Affirmations of
Allegeance to him. 7. We
could not expect that our Friends in
Great Britain would believe Us United and in earnest, or exert
themselves very strenuously in our
favour, while We
acted such a wavering hesitating Part. 8. Foreign Nations particularly
France and
Spain would not think Us worthy of
attending their
Attention, while We appeared to be deceived by such fallacious hopes of redress
of Grievances, of pardon for our Offences, and of Reconciliation with our
Enemies. 9. We could not command the natural Resources of our own Country; We
could
notestablish Manufactories of Arms, Cannon, Salt Petre,
Powder, Ships &c. Without the Powers of Government, and all these and many
other preparations ought to be going on in every State or Colony, if you will,
in the Country.
Although the Opposition was still inveterate, many Members of Congress began
to hear me with more Patience, and some began to ask me civil questions. How
can the People institute Governments? My Answer was by Conventions of
Representatives, freely, fairly and proportionally chosen. -- When the
Convention has fabricated a Government, or a Constitution rather, how do We
know the People will submit to it? If there is any doubt of that, the
Convention may send out their Project of a Constitution, to the People in their
several Towns, Counties or districts, and the People may make the Acceptance of
it their own Act. But the People know nothing about Constitutions. I believe
you are much mistaken in that Supposition: if you are not, they will not oppose
a Plan prepared by their own chosen Friends: but I believe that in every
considerable portion of the People, there will be found some Men, who will
understand the Subject as well as their representatives, and these will assist
in enlightening the rest. . . . But what Plan of a Government, would you
advise?
Page 4
A Plan as nearly resembling the Governments under which We
were born and have lived as the Circumstances of the Country will admit. Kings
We never had among Us, Nobles We never had. Nothing hereditary ever existed in
the Country: Nor will the Country require or admit of any such Thing: but
Governors, and Councils We have always had as Well as Representatives. A
Legislature in three Branches ought to be preserved, and independent judges.
Where and how will you get your Governors and Councils? By Elections. How, who
shall elect? The Representatives of the People in a Convention will be the best
qualified to contrive a Mode.
After all these discussions and interrogations, Congress was not prepared
nor disposed to do any thing as yet. [They] must consider
farther.
Resolved that the Consideration of this matter be referred to Monday next.
Monday arrived and Tuesday and Wednesday passed over, and Congress not yet
willing to do any thing.
On Thursday October 26.
1775.
The Subject again brought on the Carpet, and the same
discussions repeated, for very little
more than new was
produced.
Mr. John Rutledge, After a long discussion in which
Mr. John Rutledge, Mr. Ward, Mr.
Lee, Mr. Sherman, Mr. Gadsden,
Mr. Dyer, and some others had spoken on the same Side with me,
Congress resolved that a Committee of five members be appointed to take into
Consideration, the Instructions given to the Delegates of
New Hampshire, and report their Opinion thereon. The Members
chosen Mr. John Rutledge,
Mr. J.
Adams, Mr. Ward, Mr. Lee and
Mr. Sherman.
Although this Committee was entirely composed of Members, as well disposed
to encourage the Enterprize as could have been
found in Congress, yet they could not be brought to agree upon a Report, and to
bring it forward in Congress till Fryday November 3.
1775. When Congress taking into Consideration the Report of the Committee on
the
New Hampshire Instructions, after another long deliberation and
debate, Resolved That it be recommended to the provincial Convention of
New Hampshire, to call a full and free representation of the
People, and that the Representatives if they think it necessary, establish such
a form of Government, as in their judgment will best produce the happiness of
the People, and most effectually secure Peace
