[The preceding text was added in the handwriting of Charles Francis Adams]
Mr. Duane moves that the Delegation from N. York might be read.
When We were invited by Mass. Bay to the first Congress an Objection was made to binding ourselves by Votes of Congress.
Congress ought not to determine a Point of this Sort, about instituting Government. What is it to Congress, how justice is administered. You have no Right to pass the Resolution -- any more than Parliament has.
How does it appear that no favourable Answer is likely to be given to our Petitions? Every Account of foreign Aid, is accompanied with an Account of Commissioners.
Why all this Haste? Why this Urging? Why this driving? -- Disputes about Independence are in all the Colonies. What is this owing to, but our Indiscretion?
I shall take the Liberty of informing my Constituents that I have not been guilty of a Breach of Trust. I do protest vs. this Piece of Mechanism, this Preamble.
If the Facts in this Preamble should prove to be true, there will not be one Voice vs. Independence.
I suppose the Votes have been numbered and there is to be a Majority.
McKean. Construes the Instructions from N. York as Mr. Sherman does, and thinks this Measure the best to produce Harmony with G. Britain. There are now 2 Governments in direct Opposition to each other. Dont doubt that foreign Mercenaries are coming to destroy Us. I do think We shall loose our Liberties, Properties and Lives too, if We do not take this Step.
S. Adams. We have been favoured with a Reading of the Instructions from N. York. I am glad of it. The first Object of that Colony is no doubt the Establishment of their Rights. Our Petitions have not been heard -- yet answered with Fleets and Armies and are to be answered with Mirmidons from abroad. The Gentleman from N. York, Mr. Duane, has not objected to the Preamble, but this he has not a Right to vote for it. We cant go upon stronger Reasons, than that the King has thrown us out of his Protection. Why should We support Governments under his Authority? I wonder the People have conducted so well as they have.
Mr. Wilson. Was not present in Congress when the Resolution pass'd, to which this Preamble is proposed. I was present and one of the Committee, who reported the Advice to Mass. Bay. N. Hampshire, Carolina and Virginia, had the same Advice, and with my hearty Concurrence.
The Claims of Parliament will meet with Resistance to the last Extremity. Those Colonies were Royal Governments. They could not subsist without some Government.
A Maxim, that all Government originates from the People. We are the Servants of the People sent here to act under a delegated Authority. If we exceed it, voluntarily, We deserve neither Excuse nor justification.
Some have been put under Restraints by their Constituents. They cannot vote, without transgressing this Line. Suppose they should hereafter be called to an Account for it. This Province has not by any public Act, authorized us to vote upon this Question. This Province has done much and asked little from this Congress. The Assembly, largely increased, will [not] meet till next Monday. Will the Cause suffer much, if this Preamble is not published at this Time? If the Resolve is published without the Preamble. The Preamble contains a Reflection upon the Conduct of some People in America. It was equally irreconcileable to good Conscience Nine Months ago, to take the Oaths of Allegiance, as it is now.
In Magna Charta, there is a Clause, which authorises the People to seize the K's [King's] Castles, and opposes his Arms when he exceeds his duty.
In this Province if that Preamble passes there will be an immediate Dissolution of every Kind of Authority. The People will be instantly in a State of Nature. Why then precipitate this Measure. Before We are prepared to build the new House, why should We pull down the old one, and expose ourselves to all the Inclemencies of the Season.
R. H. Lee. Most of the Arguments apply to the Resolve and not to the Preamble.
Art. 14. of the Confederation.
Terms in this Article, equivocal and indefinite.
Jefferson. The Limits of the Southern Colonies are fixed. . . . Moves an Amendment, that all Purchases of Lands, not within the Boundaries of any Colony shall be made by Congress, of the Indians in a great Council. -- Sherman seconds the Motion . . . .
Chase. The Intention of this Article is very obvious, and plain. The Article appears to me to be right, and the Amendment wrong. It is the Intention of some Gentlemen to limit the Boundaries of particular States. No colony has a Right to go to the S. [South] Sea. They never had -- they cant have. It would not be safe to the rest. It would be destructive to her Sisters, and to herself.
Art. 16 [i.e. 15]. . . .
Jefferson. What are reasonable Limits? What Security have We that the Congress will not curtail the present Settlements of the States. I have no doubt, that the Colonies will limit themselves.
Wilson. Every Gentleman has heard much of Claims to the South Sea. They are extravagant. The Grants were made upon Mistakes. They were ignorant of the Geography. They thought the S. Sea within 100 Miles of the Atlantic Ocean. It was not conceived that they extended 3000 Miles. Ld. Cambden considers the Claims to the South Sea, as what never
Chase moves for the Word deputies, instead of Delegates, because the Members of the Maryland Convention are called Delegates, and he would have a Distinction. -- Answer. In other Colonies the Reverse is true. The Members of the House are called deputies. Jefferson objects to the first of November. -- Dr. Hall moves for May, for the time to meet. -- Jefferson thinks that Congress will have a short Meeting in the Fall and another in the Spring. -- Hayward thinks the Spring the best Time. -- Wilson thinks the fall -- and November better than October, because September is a busy Month, every where. Dr. Hall. Septr. and Octr. the most sickly and mortal Months in the Year. The Season is forwarder in Georgia in April, than here in May. Hopkinson moves that the Power of recalling Delegates be reserved to the State not to the Assembly, because that may be changed.
Each Colony shall have one Vote.
Rutledge and Linch oppose giving the Power of regulating the Trade and managing all Affairs of the Indians, to Congress. The Trade is profitable they say. Gwinnett is in favour of Congress having such Power. Braxton is for excepting such Indians as are tributary to any State. Several Nations are tributary to Virginia. Jefferson explains it to mean the Indians who live in the Colony. These are Subject to the Laws in some degree. Wilson. We have no Right over the Indians, whether within or without the real or pretended Limits of any Colony .... They will not allow themselves to be classed according to the Bounds of Colonies. Grants made 3000 miles to the Eastward have no Validity with the Indians. The Trade of Pensilvania has been more considerable with the Indians than that of the neighbouring Colonies. Walton. The Indian Trade is of no essential service to any Colony. It must be a Monopoly. If it is free it produces jealousies and Animosities, and Wars. Carolina very passionately considers this Trade as contributory to her Grandeur and Dignity. Deerskins are a great Part of the Trade. A great difference between S. Carolina and Georgia. Carolina is in no danger from the Indians at present. Georgia is a frontier and Barrier to Car. G. must be overrun and extirpated before Car. can be hurt. G. is not equal to the Expence of
Chase. S. Carolina claims to the S. Sea. So does North, Virginia, and Massachusetts Bay. S. Carolina says they have a Right to regulate the Trade with the Indians. If so 4 Colonies have all the Power of regulating Trade with the Indians. S.C. alone could not stand alone vs. the Indian Nations.
Sherman moves that Congress may have a Superintending Power, to prevent Injustice to the Indians or Colonies.
Willson. No lasting Peace will be with the Indians, unless made by some one Body. No such language as this ought to be held to the Indians. We are stronger, We are better. We treat you better than another Colony. No Power ought to treat, with the Indians, but the united States. Indians know the striking Benefits of Confederation -- they have an Example of it in the Union of the Six nations. The Idea of the Union of the Colonies struck them forcibly last Year. None should trade with Indians without a Licence from Congress. A perpetual War would be unavoidable, if every Body was allowed to trade with them.
Stone. This Expedient is worse than either of the Alternatives. What is the meaning of this Superintendency? Colonies will claim the Right first. Congress cant interpose untill the Evil has happened. Disputes will arise when Congress shall interpose.
Dr. Franklin. Let the smaller Colonies give equal Money and Men, and then have an equal Vote. But if they have an equal Vote, without bearing equal Burthens, a Confederation upon such iniquitous Principles, will never last long.
Dr. Witherspoon. We all agree that there must and shall be a Confederation, for this War. It will diminish the Glory of our Object, and depreciate our Hope. It will damp the Ardor of the People. The greatest danger We have is of Disunion among ourselves. Is it not plausible, that the small States will be oppressed by the great ones. The Spartans and Helotes -- the Romans and their Dependents.
Every Colony is a distinct Person. States of Holland.
Clark. We must apply for Pardons, if We dont confederate ....
Wilson. . . . We should settle upon some Plan of Representation.
Chase. Moves that the Word, White, should be inserted in the 11. Article. The Negroes are wealth. Numbers are not a certain Rule of wealth. It is the best Rule We can lay down. Negroes a Species of Property -- personal Estate. If Negroes are taken into the Computation of Numbers, [illegible] to ascertain Wealth, they ought to be in settling the Representation. The Massachusetts Fisheries, and Navigation ought to be taken into Consideration. The young and old Negroes are a Burthen to their owners. The Eastern Colonies have a great Advantage, in Trade. This will give them a Superiority. We should shall be governed by our Interests, and ought to be. If I am satisfied, in the Rule of levying and appropriating Money, I am willing the small Colonies may have a Vote.
Wilson. If the War continues a Years, each Soul will have 40 dollars to pay of the public debt. It will be the greatest Encouragement to continue Slave keeping, and to increase them, that can be to exempt them from the Numbers which are to vote and pay. . . . Slaves are Taxables in the Southern Colonies. It will be partial and unequal. Some Colonies have as many black as white. . . . These will not pay more than half what they ought. Slaves prevent freemen cultivating a Country. It is attended with many Inconveniences.
Lynch. If it is debated, whether their Slaves are their Property, there is an End of the Confederation. Our Slaves being our Property, why should they be taxed more than the Land, Sheep, Cattle, Horses, &c.
Freemen cannot be got, to work in our Colonies. It is not in the Ability, or Inclination of freemen to do the Work that the Negroes do. Carolina has taxed their Lands Negroes. So have other Colonies, their Lands.
Dr. Franklin. Slaves rather weaken than strengthen the State, and there is therefore some difference between them and Sheep. Sheep will never make any Insurrections.
Rutledge. . . . . I shall be happy to get rid of the idea of Slavery. The Slaves do not signify Property. The old and young cannot work. The Property of some Colonies are to be taxed, in others not. The Eastern Colonies will become the Carriers for the Southern. They will obtain Wealth for which they will not be taxed.
Hooper. N.C. is a striking Exception to the general Rule that was laid down Yesterday, that the Riches of a Country are in Proportion to the Numbers of Inhabitants. A Gentleman of 3 or 400 Negroes, dont raise more corn than feeds them. A Labourer cant be hired for less than 24 a Year in Mass. Bay. The neat profit of a Negro is not more than 5 or 6 pr An. [Annum]. I wish to see the day that Slaves are not necessary. Whites and Negroes cannot work together. Negroes are Goods and Chattells, are Property. A Negro works under the Impulse of fear -- has no Care of his Masters Interest.
Dr. Franklin moves that Votes should be in Proportion to Numbers.
Mr. Middleton moves that the Vote should be according to what they pay.
Sherman thinks We ought not to vote according to Numbers. We are Reps [Representatives] of States not Individuals. States of Holland. The Consent of every one is necessary. 3 Colonies would govern the whole but would not have a Majority of Strength to carry those Votes into Execution.
The Vote should be taken two Ways. Call the Colonies and call the Individuals, and have a Majority of both.
Dr. Rush. Abbe Reynauld [Raynal] has attributed the Ruin of the united Provinces to 3 Causes. The principal one is that the Consent of every State is necessary. The other that the Members are obliged to consult their Constituents upon all Occasions.
We loose an equal Representation. We represent the People. It will tend to keep up colonial Distinctions. We are now a new Nation. Our Trade, Language, Customs, Manners dont differ more than they do in G. Britain.
The more a Man aims at serving America the more he serves his Colony.
It will promote Factions in Congress and in the States.
It will prevent the Growth of Freedom in America. We shall be loth to admit new Colonies into the Confederation. If We vote by Numbers Liberty will be always safe. Mass. is contiguous to 2 small Colonies, R. [I.] and N.H. Pen. is near N.Y. and D. Virginia is between Maryland and N. Carolina.
We have been to free with the Word Independence. We are dependent on each other -- not totally independent States.
Montesquieu pronounced the Confederation of Licea the best that ever was made. The Cities had different Weights in the Scale.
China is not larger than one of our Colonies. How populous.
It is said that the small Colonies deposit their all. This is deceiving Us with a Word.
I would not have it understood, that I am pleading the Cause of Pensilvania. When I entered that door, I considered myself a Citizen of America.
Dr. Witherspoon. Repn. [Representation] in England is unequal. Must I have 3 Votes in a County because I have 3 times as much Money as my Neighbour. Congress are to determine the Limits of Colonies.
G. [Governor] Hopkins. A momentous Question. Many difficulties on each Side. 4 larger, 5 lesser, 4 stand indifferent. V. M. P. M. make more than half the People. 4 may alw
C. [Connecticut], N.Y., 2 Carolinas, not concerned at all. The dissinterested Coolness of these Colonies ought to determine. I can easily feel the Reasoning of the larger Colonies. Pleasing Theories always gave Way to the Prejudices, Passions, and Interests of Mankind.
The Germanic Confederation. The K. of Prussia has an equal Vote. The Helvetic Confederacy. It cant be expected that 9 Colonies will give Way to be governed by 4. The Safety of the whole depends upon the distinctions of Colonies.
Dr. Franklin. I hear many ingenious Arguments to perswade Us that an unequal Representation is a very good Thing. If We had been born and bred under an unequal Representation We might bear it. But to sett out with an unequal Representation is unreasonable.
It is said the great Colonies will swallow up the less. Scotland said the same Thing at the Union.
Dr. Witherspoon. Rises to explain a few Circumstances relating to Scotland. That was an incorporating Union, not a federal. The Nobility and Gentry resort to England.
In determining all Questions, each State shall have a Weight in Proportion to what it contributes to the public Expences of the united States.
Limiting the Bounds of States which by Charter &c. extend to the South Sea.
Sherman thinks the Bounds ought to be settled. A Majority of States have no Claim to the South Sea. Moves this Amendment, to be substituted in Place of this Clause and also instead of the 15th Article
No Lands to be taken seperated from any State, which are already settled, or become private Property.
Chase denys that any Colony has a Right, to go to the South Sea. . . .
Harrison. How came Maryland by its Land? but by its Charter: By its Charter Virginia owns to the South Sea. Gentlemen shall not pare away the Colony of Virginia. R. Island has more Generosity, than to wish the Massachusetts pared away. Delaware does not wish to pare away Pensilvania.
Huntington. Admit there is danger, from Virginia, does it follow that Congress has a Right to limit her Bounds? The Consequence is not to enter into Confederation. But as to the Question of Right, We all unite against mutilating Charters. I cant agree to the Principle. We are a Spectacle to all Europe. I am not so much alarmed at the Danger, from Virginia, as some are. My fears are not alarmed. They have acted as noble a Part as any. I doubt not the Wisdom of Virginia will limit themselves. A Mans Right does not cease to be a Right because it is large. The Q. [Question] of Rt [Right], must be determined by the Principles of the common Law.
Stone. This Argument is taken up upon very wrong Ground. It is considered as if We were voting away the Territory of particular Colonies, and Gentlemen work themselves up into Warmth, upon that Supposition. Suppose Virginia should. The small Colonies have a Right to Happiness and Security. They would have no Safety if the great Colonies were not limited. We shall grant Lands in small Quantities, without Rent, or Tribute, or purchase Money. It is said that Virginia is attacked on every Side. Is it meant that Virginia shall sell the Lands for their own Emolument?
All the Colonies have defended these Lands vs. the K. of G.B., and at the Expence of all. Does Virginia intend to establish Quitrents?
I dont mean that the united States shall sell them to get Money by them.
Jefferson. I protest vs. the Right of Congress to decide, upon the Right of Virginia. Virginia has released all Claims to the Lands settled by Maryland &c.