"The boasted lenity of Parliament was much lauded. It was asked whether the Boston Port Bill, by which, without trial or condemnation, a number of people were stripped of their commercial property, and even deprived of the benefit of their real estates, was an instance of it? Was it to be found in the Fishery Bill, by which large countries were cut off from the use of the elements, and deprived of the provision which nature had allotted for their sustenance? Or was taking away the Charter and all the rights of the people without trial or forfeiture the measure of lenity from which such applause was now sought? Was the indemnity held out to military power lenity? Was it lenity to free soldiers from a trial in the country where the murders with which they should stand charged, when acting in support of civil and revenue officers, were committed, and forcing their accusers to come to England at the pleasure of a governor?" ...
"The debate in the House of Lords was rendered particularly remarkable by the unexpected defection of a noble duke (Duke of Grafton) who had been for some years at the head of the Administration, had resigned of his own accord at a critical period, but who had gone with the Government ever since, and was at this time in high office. The line which he immediately took was still more alarming to the Administration than the act of defection. Besides a decisive condemnation of all their acts for some time past with respect to America, as well as of the measures now held out by the speech, he declared that he had been deceived and misled upon that subject; that by the withholding of information, and the misrepresentation of facts, he had been induced to lend his countenance to measures which he never approved; among those was that in particular of coercing America by force of arms, an idea the most distant from his mind and opinions, but which he was blindly led to give a support to from his total ignorance of the true state and disposition of the colonies, and the firm persuasion held out that matters would never come to an extremity of that nature; that an appearance of coercion was all that was required to establish a reconciliation, and that the stronger the Government appeared, and the better it was supported, the sooner all disputes would be adjusted."
"He declared that nothing less than a total repeal of all the American laws which had been passed since 1763 could now restore peace and happiness, or prevent the most destructive and fatal consequences—consequences which could not even be thought of without feeling the utmost degree of grief and horror; that nothing could have brought him out in the present ill state of his health but the fullest conviction of his being right—a knowledge of the critical situation of his country, and a sense of what he owed to his duty and to his conscience; that these operated so strongly upon him, that no state of indisposition, if he were even obliged to come in a litter, should prevent his attending to express his utmost disapprobation of the measures which were now being pursued, as well as of those which he understood from the lords in office it was intended still to pursue. He concluded by declaring that if his nearest relations or dearest friends were to be affected by this question or that the loss of fortune, or of every other thing which he most esteemed, was to be the certain consequence of his present conduct, yet the strong conviction and compulsion operating at once upon his mind and conscience would not permit him to hesitate upon the part which he should take.
"The address was productive of a protest signed by nineteen lords, in which they combat the civil war as unjust and impolitic in its principles, dangerous in its contingent and fatal in its final consequences. They censured the calling in of foreign forces to decide domestic quarrels as disgraceful and dangerous. They sum up and conclude the protest by declaring: 'We cannot, therefore, consent to an address which may deceive his Majesty and the public into a belief of the confidence of this House in the present Ministers, who have deceived Parliament, disgraced the nation, lost the colonies, and involved us in a civil war against our clearest interests, and upon the most unjustifiable grounds wantonly spilling the blood of thousands of our fellow-subjects.'"[385]
[374] Annals, etc., Vol. II., p. 211. The annalist adds in a note, that "Of the British 226 were killed and 828 wounded; 19 commissioned officers being among the former, and 70 among the latter. Of the Americans, 139 were killed and 314 wounded and missing. The only provincial officers of distinction lost were General Joseph Warren, Col. Gardner, Lieut.-Col. Parker, and Messrs. Moore and McClany."
[375] The royal historian, Andrews, gives the following or English account of the battle of Bunker's Hill, together with the circumstances which preceded and followed it:
(PRELIMINARY STATEMENTS.)
"On the 12th of June (1775), a proclamation was issued by the British Government at Boston, offering a pardon, in the King's name, to all who laid down their arms and returned to their homes and occupations. Two persons only were excepted—Mr. Samuel Adams and Mr. John Hancock—whose guilt was represented as too great and notorious to escape punishment. All who did not accept of this offer, or who assisted, abetted, or corresponded with them, were to be deemed guilty of treason and rebellion, and treated accordingly. By this proclamation it was declared that as the Courts of Judicature were shut, martial law should take place, till a due course of justice could be re-established.
"But this act of Government was as little regarded as the preceding. To convince the world how firmly they were determined to persevere in their measures, and how small an impression was made by the menaces of Britain, Mr. Hancock, immediately after his proscription, was chosen President of the Congress. The proclamation had no other effect than to prepare people's minds for the worst that might follow.
"The reinforcements arrived from Britain; the eagerness of the British military to avail themselves of their present strength, and the position of the Provincials, concurred to make both parties diligent in their preparation for action. It was equally the desire of both: the first were earnest to exhibit an unquestionable testimony of their superiority, and to terminate the quarrel by one decisive blow; the others were no less willing to come to a second engagement (the first being that of Concord and Lexington), from a confidence they would be able to convince their enemies that they would find the subjugation of America a much more difficult task than they hod promised themselves.
"Opposite to the northern shore of the peninsula upon which Boston stands, lies Charleston, divided from it by a river (Mystic) about the breadth of the Thames at London Bridge. Neither the British nor Provincial troops had hitherto bethought themselves of securing this place. In its neighbourhood, a little to the east, is a high ground called Bunker's Hill, which overlooks and commands the whole town of Boston.
"In the night of the 16th of June, a party of the Provincials took possession of this hill, and worked with so much industry and diligence, that by break of day they had almost completed a redoubt, together with a strong intrenchment, reaching half a mile, as far as the River Mystic to the east. As soon as discovered they were plied with a heavy and incessant fire from the ships and floating batteries that surrounded the neck on which Charleston is situated, and from the cannon planted on the nearest eminence on the Boston side.
"This did not, however, prevent them from continuing their work, which they had entirely finished by mid-day, when it was found necessary to take more effectual methods to dislodge them.
"For this purpose a considerable body was landed at the foot of Bunker's Hill, under the command of General Howe and General Pigot. The first was to attack the Provincial lines, the second the redoubt. The British troops advanced with great intrepidity, but on their approach were received with a fire behind from the intrenchments, that continued pouring during a full half hour upon them like a stream. The execution it did was terrible; some of the bravest and oldest officers declared that, for the time it lasted, it was the hottest service they had ever seen. General Howe stood for some moments almost alone, the officers and soldiers about him being nearly all slain or disabled; his intrepidity and presence of mind were remarkable on this trying occasion.
"General Pigot, on the left, was in the meantime engaged with the Provincials who had thrown themselves into Charleston, as well as with the redoubt, and met with the same reception as the right. Though he conducted his attack with great skill and courage, the incessant destruction made among the troops threw them at first into some disorder; but General Clinton coming up with a reinforcement, they quickly rallied and attacked the works with such fury that the Provincials were not able to resist them, and retreated beyond the neck of land that leads into Charleston.
"This was the bloodiest engagement during the whole war. The loss of the British troops amounted in killed and wounded to upwards of 1,000. Among the first were 19, and among the last 70 officers. Colonel Abercrombie, Major Pitcairn, of the Marines, and Majors Williams and Spenlowe, men of distinguished bravery, fell in this action, which, though it terminated to the advantage of the King's forces, cost altogether a dreadful price.
"The loss on the Provincial side, according to their account, did not exceed 500. This might be true, as they fought behind intrenchments, part of which were cannon proof, and where it was not possible for the musketry to annoy them. This accounts no less for the numbers they destroyed, to which the expertness of their marksmen chiefly contributed. To render the dexterity of these completely effectual, muskets ready loaded were handed to them as fast as they could be discharged, that they might lose no time in reloading them, and they took aim chiefly at the officers....
"The great slaughter occasioned on the left of the British troops, from the houses in Charleston, obliged them to set fire to that place. The Provincials defended it for some time with much obstinacy, but it was quickly reduced to ashes; and when deprived of that cover, they were immediately compelled to retire.
"But notwithstanding the honour of the day remained to the British troops, the Americans boasted that the real advantages were on their side. They had, said they, so much weakened their enemies in this engagement, as to put an entire stop to their operations. Instead of coming forth and improving their pretended victory, they did not dare to venture out of the trenches and fortifications they had constructed round Boston.
"The only apparent benefit gained by the troops was that they kept possession of the ground whereon Charleston had stood; they fortified it on every side, in order to secure themselves from the sudden attacks that were daily threatened from so numerous a force as that which now invested Boston....
"The Provincials, on the other hand, to convince the troops how little their success had availed them, raised intrenchments on a height opposite Charleston, intimating to them that they were ready for another Bunker's Hill business whenever they thought proper, and were no less willing than they to make another trial of skill.
"Their boldness increased to a degree that astonished the British officers, who had, unhappily, been taught to believe them a contemptible enemy, averse to the dangers of war, and incapable of the regular operations of an army. The skirmishes were now renewed in Boston Bay. The necessities of the garrison occasioned several attempts to carry off the remaining stock of cattle and other articles of provision the islands might contain. But the Provincials, who were better acquainted with the navigation of the bay, landed on these islands, in spite of the precaution of the numerous shipping, and destroyed or carried off whatever could be of use; they even ventured so far as to burn the light-house, situated at the entrance of the harbour, and afterwards made prisoners of a number of workmen that had been sent to repair it, together with a party of marines that guarded them." (Dr. Andrews' History of the Late War, etc., Vol. I., Chap. xiii., pp. 300-306; published under royal authority in 1785.)
[376] History of the United States, Vol. VII., Chap. xxv., pp. 271, 272.
[377] The Secretary of State had instructed Lord Dunmore to call the Assembly together, in order to submit to them a "conciliatory proposition," as it was called, which Lord North had introduced into Parliament—a proposition calculated to divide the colonies, and then reduce each of them to servitude; but the colonies saw the snare, and every one of them rejected the insidious offer. Lord Dunmore, in obedience to his instructions, assembled for the last time the Virginia House of Burgesses in June, 1775, to deliberate and decide upon Lord North's proposition. But while the Burgesses were deliberating upon the subject submitted to them, Lord Dunmore, agitated by his own fears, left with his family the seat of government, and went on board a ship of war. The House of Burgesses, however, proceeded in their deliberations; referred the subject to a Committee, which presented a report prepared by Mr. Jefferson, and adopted by the House, as a final answer to Lord North's proposal. They said, "Next to the possession of liberty, they should consider a reconciliation as the greatest of human blessings, but that the resolution of the House of Commons only changed the form of oppression, without lightening its burdens; that government in the colonies was instituted not for the British Parliament, but for the colonies themselves; that the British Parliament had no right to meddle with their Constitution, or to prescribe either the number or the pecuniary appointments of their officers; that they had a right to give their money without coercion, and from time to time; that they alone were the judges, alike of the public exigencies and the ability of the people; that they contended not merely for the mode of raising their money, but for the freedom of granting it; that the resolve to forbear levying pecuniary taxes still left unrepealed the Acts restraining trade, altering the form of government of Massachusetts, changing the government of Quebec, enlarging the jurisdiction of Courts of Admiralty, taking away the trial by jury, and keeping up standing armies; that the invasion of the colonies with large armaments by sea and land was a style of asking gifts not reconcilable to freedom; that the resolution did not propose to the colonies to lay open a free trade with all the world; that as it involved the interests of all the other colonies, they were in honour bound to share one fate with them; that the Bill of Lord Chatham on the one part, and the terms of Congress on the other, would have formed a basis for negotiation and a reconciliation; that leaving the final determination of the question to the General Congress, they will weary the King with no more petitions—the British nation with no more appeals." "What then," they ask, "remains to be done?" and they answer, "That we commit our injuries to the justice of the even-handed Being who doeth no wrong."
When the Earl of Shelburne read Mr. Jefferson's report, he said: "In my life I was never more pleased with a State paper than with the Assembly of Virginia's discussion of Lord North's proposition. It is masterly. But what I fear is, that the evil is irretrievable."
"At Versailles, the French Minister, Vergennes, was equally attracted by the wisdom and dignity of the document. He particularly noticed the insinuation that a compromise might be effected on the basis of the modification of the Navigation Acts; and saw so many ways opened of settling every difficulty, that it was long before he could persuade himself that the infatuation of the British Ministry was so blind as to neglect them all." (Bancroft's History of the United States, Vol. VII., Chap, xxxvii., pp. 386-388.)
[378] Bancroft's History of the United States, Vol. VII., Chap. xxv., p. 276.
"The offer of freedom to the negroes came very oddly from the representative of the nation which had sold them to their present masters, and of the King who had been displeased with the colony for its desire to tolerate that inhuman traffic no longer; and it was but a sad resource for a commercial metropolis, to keep a hold on its colony by letting loose slaves against its own colonists."—Ib., p. 276.
"Dunmore's menace to raise the standard of a servile insurrection and set the slaves upon their masters, with British arms in their hands, filled the South with horror and alarm. Besides, the retreat of the British troops from Concord raised the belief that the American forces were invincible; and the spirit of resistance had grown so strong, that some of the Burgesses appeared in the uniform of the recently instituted provincial troops, wearing a hunting shirt of coarse linen over their clothes, and a woodman's axe by their sides."—Ib., pp. 384, 385.
[379] "Meantime, Dunmore, driven from the land of Virginia, maintained command of the water by means of a flotilla composed of the Mercury, of 24 guns; the Kingfisher, of 16; the Otter, of 14, with other ships and light vessels, and tenders which he had engaged in the King's service. At Norfolk, a town of about 6,000 inhabitants, a newspaper was published by John Holt. About noon on the last day of September (1775), Dunmore, finding fault with its favouring (according to him) 'sedition and rebellion,' sent on shore a small party, who, meeting with no resistance, seized and brought off two printers and all the materials of the printing office, so that he could publish from his ship a Gazette on the side of the King. The outrage, as we shall see, produced retaliation." (Bancroft's History of the United States, Vol. VIII., Chap. lv., pp. 220, 221.)
[380] Bancroft's History of the United States, Vol. VIII., Chap. lv., pp. 221, 222.
The English Annual Register of 1776 states as follows the policy of Lord Dunmore, culminating in the successful defence of Hampton and the repulse of his ships:
"Whether Lord Dunmore expected that any extraordinary advantages might be derived from an insurrection of the slaves, or that he imagined there was a much greater number of people in the colony who were satisfied with the present system of government than really was the case (a mistake, and an unfortunate one, which, like an epidemical distemper, seems to have spread through all our official departments in America)—upon whatever grounds he proceeded, he determined, though he relinquished his government, not to abandon his hopes, nor entirely to lose sight of the country which he had governed. He, accordingly, being joined by those friends of government who had rendered themselves too obnoxious to the people to continue with safety in the country, as well as by a number of runaway negroes, and supported by the frigates of war which were upon the station, endeavoured to establish such a marine force as would enable him, by means of the noble rivers, which render the most valuable parts of that rich country accessible by water, to be always at hand and ready to profit by any favourable occasion that offered.
"Upon this or some similar system he by degrees equipped and armed a number of vessels of different kinds and sizes, in one of which he constantly resided, never setting his foot on shore but in a hostile manner. The force thus put together was, however, calculated only for depredation, and never became equal to any essential service. The former, indeed, was in part a matter of necessity; for as the people on shore would not supply those on board with provisions or necessaries, they must either starve or provide them by force.... These proceedings occasioned the sending of some detachments of the new-raised forces of the colonists to protect their coasts, and from these ensued a small, mischievous, predatory war, incapable of affording honour or benefit, and in which, at length, every drop of water and every necessary was purchased at the price or risk of blood.
"During this state of hostility, Lord Dunmore procured a few soldiers from different parts, with whose assistance an attempt (Oct. 25th) was made to burn a post town in an important situation called Hampton. It seems the inhabitants had some previous suspicion of the design, for they had sunk boats in the entrance of the harbour and thrown such other obstacles in the way as rendered the approach of the ships, and consequently a landing, impracticable on the day when the attack was commenced. The ships cut a passage through the boats in the night, and began to cannonade the town furiously in the morning; but at this critical period the townspeople were relieved from their apprehensions and danger by the arrival of a detachment of rifle and minute men from Williamsburg, who had marched all night to their assistance. These, joined with the inhabitants, attacked the ships so vigorously with their small arms that they were obliged precipitately to quit their station, with the loss of some men and of a tender, which was taken." (Annual Register, Vol. XIX., Fourth Edition, pp. 26, 27.)
[381] English Annual Register, Vol. XIX.
[382] British Annual Register, Vol. XIX., p. 31.
Mr. Bancroft's account of this barbarous conflagration is as follows:
"New Year's day, 1776, was the saddest day that ever broke on the women and children then in Norfolk; warned of their danger by the commander of the squadron, there was for them no refuge. The Kingfisher was stationed at the upper end of Norfolk; a little below her, the Otter; Belew, in the Liverpool, anchored near the middle of the town; and next him lay the Dunmore; the rest of the fleet was moored in the harbour. Between three and four in the afternoon, the Liverpool opened its fire upon the borough; the other ships immediately followed the example, and a severe cannonade was begun from about sixty pieces of cannon. Dunmore then himself, as night was coming on, ordered out several boats to burn warehouses on the wharves; and hailed to Belew to set fire to a large brig which lay in the dock. All the vessels of the fleet, to show their zeal, sent great numbers of boats on shore to assist in spreading the flames along the river; and as the buildings were chiefly of pine wood, the conflagration, favoured by the wind, spread with amazing rapidity, and soon became general. Women and children, mothers with little ones in their arms, were seen by the glare running through the shower of cannon balls to get out of their range. Two or three persons were hit; and the scene became one of extreme horror and confusion. Several times the British attempted to land, and once to bring cannon into the street; but they were driven back by the spirit and conduct of the Americans. The cannonade did not abate till ten at night; after a short pause it was renewed, but with less fury, and was kept up till two the next morning. The flames, which had made their way from street to street, raged for three days; till four-fifths, or, as some computed, nine-tenths of the houses were reduced to ashes and heaps of ruins." (History of the United States, Vol. VIII., Chap. lvi., pp. 230, 231.)
[383] History of the United States, Vol. VIII., Chap. lvi., p. 231.
The English Annual Register observes: "Such was the fate of the unfortunate town of Norfolk, the most considerable for commerce in the colony, and so growing and flourishing before these unhappy troubles, that in the two years from 1773 to 1775, the rents of the houses increased from £8,000 to £10,000 a year. However just the cause, or urgent the necessity, which induced this measure, it was undoubtedly a grievous and odious task to a Governor to be himself the principal actor in burning and destroying the best town in his government.
"Nor was the situation of other Governors in America much more eligible than that of Lord Dunmore. In South Carolina, Lord William Campbell, having as they said, entered into a negotiation with the Indians for coming in to the support of the Government in that province, and having also succeeded in exciting a number of those back settlers whom we have heretofore seen distinguished in the Carolinas, under the title of Regulators, to espouse the same cause, the discovery of these measures, before they were ripe for execution, occasioned such a ferment among the people, that he thought it necessary to retire from Charleston on board a ship of war in the river, from whence he returned no more to the seat of his government.
"Similar measures were pursued in North Carolina (with the difference that Governor Martin was more active and vigorous in his proceedings), but attended with as little success. The Provincial Congress, Committees, and Governor were in a continual state of the most violent warfare. Upon a number of charges, particularly of fomenting a civil war, and exciting an insurrection among the negroes, he was declared an enemy to America in general, and to that colony in particular, and all persons were forbidden from holding any communication with him. These declarations he answered with a proclamation of uncommon length, which the Provincial Congress resolved to be a false, scandalous, scurrilous and seditious libel, and ordered it to be burned by the hands of the common hangman.
"As the Governor expected, by means of the back settlers, as well as of the Scotch inhabitants and Highland emigrants, who were numerous in the province, to be able to raise a considerable force, he took pains to fortify and arm his palace at Newburn, that it might answer the double purpose of a garrison and a magazine. Before this could be effected, the moving of some cannon excited such a commotion among the people that he found it necessary to abandon the palace and retire on board a sloop-of-war in Cape Fear river. The people upon this occasion discovered powder, shot, ball, and various military stores and implements which had been buried in the palace garden and yard. This served to inflame them exceedingly, every man considering it as if it had been a plot against himself in particular.
"The Provincial Congress published an address to the inhabitants of the British empire, of the same nature with those we have formerly seen to the people of Great Britain and Ireland, containing the same professions of loyalty and affection, and declaring the same earnest desire of a reconciliation." (English Annual Register, Vol. XIX., pp. 31-33.)
[384] General Conway said: "The noble lord who has the direction of the affairs of this country tells you that the Americans aim at Independence. I defy the noble lord, or any other member of this House, to adduce one solid proof of this charge. He says: 'The era of 1763 is the time they wish to recur to, because such a concession on our part would be, in effect, giving up their dependence on this country.' I would ask the noble lord, Did the people of America set up this claim previous to the year 1763? No; they were then peaceful and dutiful subjects. They are still dutiful and obedient. (Here was a murmur of disapprobation.) I repeat my words; I think them so inclined; I am sure they would be so, if they were permitted: The acts they have committed arise from no want of either. They have been forced into them. Taxes have been attempted to be levied on them; their Charters have been violated, nay, taken away; administration has attempted to coerce them by the most cruel and oppressive laws."
[385] Annual Register, Vol. XIX., Chap. ix., pp. 57, 58, 63, 69, 70, 74, 75.
The Assembling of Congress, May 10th, 1776, and Transactions until the Declaration of Independence, the 4th of July.
It was under the circumstances stated in the preceding chapter, the General Congress, according to adjournment the previous October, reassembled in Philadelphia the 10th of May, 1776. The colonies were profoundly convulsed by the transactions which had taken place in Massachusetts, Virginia, North and South Carolina, by the intelligence from England, that Parliament had, the previous December, passed an Act to increase the army, that the British Government had largely increased both the army and navy, and on failure of obtaining sufficient recruits in England, Scotland, and Ireland, had negotiated with German princes, who traded in the blood of their down-trodden subjects, for seventeen thousand Hanoverian and Hessian mercenaries, to aid in reducing the American colonies to absolute submission to the will of the King and Parliament of Great Britain. It was supposed in England that the decisive Act of Parliament, the unbending and hostile attitude of the British Ministry, the formidable amount of naval and land forces, would awe the colonies into unresisting and immediate submission; but the effect of all these formidable preparations on the part of the British Government was to unite rather than divide the colonies, and render them more determined and resolute than ever to defend and maintain their sacred and inherited rights and liberties as British subjects.
The thirteen colonies were a unit as to what they understood and contended for in regard to their British constitutional rights and liberties—namely, the rights which they had enjoyed for more than a century—the right of taxation by their own elected representatives alone, the right of providing for the support of their own civil government and its officers—rights far less extensive than those which are and have long been enjoyed by the loyal provinces of the Canadian Dominion. There were, indeed, the Governors and their officers, sent from England—the favourites and needy dependents of the British Ministry and Parliament, sent out to subsist upon the colonists, but were not of them, had no sympathy with them, nor any influence over them except what they had over their dependents and the families with whom they had formed connections. They were noisy and troublesome as a faction, but not sufficient in numbers or influence to constitute a party, properly speaking.
There was like unity among the colonies in regard to the defence and support of the rights and liberties which they claimed. There was, indeed, doubt on the part of a few, and but a few, comparatively, as to the wisdom and expediency of taking arms and meeting the King's officers and troops in the field of battle in support of their rights; but all agreed that they should defend themselves and their property when attacked by the King's troops, whether attacked by the King's orders or not; for they held that their title to their property and constitutional rights was as sacred and divine as that of the King to his throne.[386]
The question of questions with the General Congress on its assembling in May, 1776, was what measures should be adopted for the defence of their violated and invaded rights, and upon what grounds should that defence be conducted? For the first time in the General Congress was it proposed to abandon the ground on which they had vindicated and maintained their rights as British subjects in their several Legislatures and Conventions for eleven years, and successfully defended them by force of arms for more than one year, or to avow entire separation from the mother country, and declare absolute independence as the ground of maintaining their rights and liberties?
There had long been some prominent men who held republican sentiments, and some newspapers had in 1775 mooted the idea of separation from the mother country. Such views prevailed widely in Massachusetts; there had always been a clique of Congregational Republicans and Separationists in Boston, from the days of Cromwell. They looked back upon the halcyon days when none but Congregationalists could hold office—civil, judicial, or military—or even exercise the elective franchise, and the disclaimers of any earthly king; and though the separation from the mother country and renunciation of monarchical government was carefully avoided in the official documents of Massachusetts, as it was disclaimed in the strongest terms in the official papers of other colonies, yet the sentiment of hostility to monarchy and of separation from England was artfully inculcated in resolutions, addresses, etc., prepared by Samuel Adams, and sent forth from the Massachusetts Convention.[388] He was a man of blameless life (no relation to John Adams)—a rigid religionist of the old Massachusetts Puritan stamp—a hater of England and of British institutions, able and indefatigable in everything that might tend to sever America from England, in regard to which his writings exerted a powerful influence. He was the Corypheus of the Separatist party in Boston, the Chairman of the Committee of Correspondence, and wrote the Massachusetts circulars to other colonies.
It was only early in May, 1776, that the question of independence was discussed in the General Congress. The Congress recommended those colonies whose Governors had left their governments, or were declared disqualified on account of their oppressive and cruel conduct, to form governments for themselves. This, however, was not understood as a declaration of independence, but a temporary measure of necessity, to prevent anarchy and confusion in the colonies concerned. This proceeding was immediately followed by a more comprehensive measure intended to feel the pulse of the colonies on the subject of independence.
The Congress had waited with considerable patience, and some anxiety, the result of the late session of Parliament; they had forborne to do anything which might not be justified upon the fair principles of self-defence, until it appeared that the Ministry was resolved that nothing short of the most abject submission should be the price of accommodation. Early in May, therefore, the Congress adopted a measure intended to sound the sentiments of the colonies on the subject of independence. They stated the rejection of their petitions, and the employment of foreign mercenaries to reduce them to obedience, and concluded by declaring it expedient that all the colonies should proceed to the establishment of such a form of government as their representatives might think most conducive to the peace and happiness of the people. This preamble and resolution were immediately forwarded; and in a few days afterwards Richard Henry Lee, of Virginia, gave notice to the Congress that he should, on an appointed day, move for a Declaration of Independence. This was accordingly done, but the consideration of the question was postponed until the 1st of July—so timid, so wavering, so unwilling to break the maternal connection were most of the members.[389]
It is clear that, so far from the Declaration of Independence being the spontaneous uprising of the colonies, as represented by so many American historians, that when it was first mooted in Congress the majority of the General Congress itself were startled at it, and were opposed to it. "On the 15th day of May, only four of the colonies had acted definitely on the question of independence. North Carolina had authorized her delegates to concur with the delegates from the other colonies 'in declaring independency;' Rhode Island had commissioned hers 'to join in any measures to secure American rights;' in Massachusetts, various towns had pledged themselves to maintain any declaration on which Congress might agree; and Virginia had given positive instructions to her delegates that Congress should make a declaration of independence. These proceedings were accompanied with declarations respecting a reservation to each colony of the right to form its own government, in the adjustment of the power universally felt to be necessary, and which was to be lodged in a new political unit, designated by the terms, 'Confederation,' 'Continental Constitution,' and 'American Republic.'"[390]
"On the 7th of June, Richard Henry Lee, in behalf of the Virginia delegates, submitted in Congress resolves on independence, a confederation, and foreign alliances. His biographer says that 'tradition relates that he prefaced his motion with a speech,' portraying the resources of the colonies and their capacity for defence, dwelling especially on the bearing which an independent position might have on foreign Powers, and concluded by urging the members so to act, that the day might give birth to an American Republic. The motion was:—
"'That these united colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is and ought to be totally dissolved.'
"'That it is expedient forthwith to take the most effectual measures for forming foreign alliances.'
"'That a plan of confederation be prepared and transmitted to the respective colonies for their consideration and approbation.'
"John Adams seconded the motion. The Journal of Congress says, 'that certain resolutions respecting independency being moved and seconded, they were postponed till to-morrow morning,' and that 'the members were enjoined to attend punctually at ten o'clock in order to take the same into their consideration. Jefferson says the reason of postponement was that the House were obliged to attend to other business. The record indicates that no speech was made on that day.
"The next day was Saturday. John Hancock, the President, was in the chair; and Charles Thompson was the Secretary. The resolves were immediately referred to a Committee of the Whole, in which Benjamin Harrison presided—the confidential correspondent of Washington, and subsequently Governor of Virginia. They were debated with animation until seven o'clock in the evening, when the President resumed the chair, and reported that the Committee had considered the matter referred to them, but, not having come to any decision, directed him to move for leave to sit again on Monday.
"In Congress, on Monday, Edward Rutledge moved that the question be postponed three weeks. The debate on this day continued until seven o'clock in the evening. Not a single speech of any member is known to be extant. Jefferson at the time summed up the arguments used by the speakers during both days. The result may be given in his words: 'It appearing, in the course of the debates, that the colonies of New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina were not yet matured for falling from the parent stem, but that they were fast advancing to that state, it was thought most prudent to wait awhile for them. It was agreed in Committee of the Whole to report to Congress a resolution, which was adopted by a vote of seven colonies to five, and this postponed the resolution on independence to the 1st day of July; and 'in meanwhile, that no time be lost, a Committee be appointed to prepare a declaration in conformity to it.' On the next day a Committee was chosen for this purpose by ballot: Thomas Jefferson, of Virginia; John Adams, of Massachusetts; Benjamin Franklin, of Pennsylvania; Roger Sherman, of Connecticut; and Robert R. Livingstone, of New York. [Such was the Committee that prepared the Declaration of Independence.] On the 12th a Committee of one from each colony was appointed to report the form of confederation, and a Committee of five to prepare a plan of treaties to be proposed to foreign Powers.
"When Congress postponed the vote on independence, the popular movement in its favour was in full activity. Some of the members left this body to engage in it. Others promoted it by their counsel."[391]
"On the day agreed upon for the consideration of Mr. Lee's motion, the 1st of July, Congress resolved itself into a Committee of the Whole; the debates on the question were continued with great warmth for three days. It had been determined to take the vote by colonies; and as a master-stroke of policy, the author of which is not known to history, it had been proposed and agreed, that the decision on the question, whatever might be the state of the votes, should appear to the world as the unanimous voice of the Congress. On the first question [of independence], six colonies were in the affirmative, and six in the negative—Pennsylvania being without a vote by the equal division of her delegates. In this state of the business, it appears, on the authority of evidence afterwards adduced before Parliament, that Mr. Samuel Adams once more successfully exerted his influence; and that one of the delegates of Pennsylvania was brought over to the side of independence. It is more probable, however, that the influence of Mr. Adams extended no further than to procure that one of the dissenting members withdraw from the House; and that the vote of Pennsylvania was thus obtained."[392]
It is thus seen that the Declaration of Independence, so far from being the spontaneous uprising of the American colonies, was the result of months of agitation by scarcely a dozen leaders in the movement, by canvassing at public meetings, and of delegates elected by them, not excelled by any political and nearly balanced parties in England or Canada in a life and death struggle for victory. In this case, the important question was to be decided by some fifty members of Congress; and when the first vote was given, after many weeks of popular agitation, and three days of warm discussion in Congress, there was a tie—six colonies for and six against the Declaration of Independence—after which a majority of one was obtained for the Declaration, by inducing the absence of certain members opposed to it; and then, when a majority of votes was thus obtained, others were persuaded to vote for the measure "for the sake of unanimity," though they were opposed to the measure itself.
It has indeed been represented by some American historians, that the vote of Congress for Independence was unanimous; but the fact is far otherwise. As the vote was taken by colonies, and not by the majority of the individual members present, as in ordinary legislative proceedings, the majority of the delegates from each colony determined the vote of that colony; and by a previous and very adroit proposal, an agreement was entered into that the vote of Congress should be published to the world as UNANIMOUS, however divided the votes of members on the question of Independence might be; and on this ground the signatures of those who had opposed it, as well as of those who voted in favour of it, were ultimately affixed to the Declaration, though it was published and authenticated by the signatures of the President, John Hancock, of Massachusetts, and Charles Thompson, of Philadelphia, as Secretary.
The Declaration of Independence, as thus adopted, is as follows:
"A Declaration by the Representatives of the United States of America, in Congress assembled:
"When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth the separate and equal station to which the laws of nature and nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to such separation.
"We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; and whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a 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, would dictate that governments long established should not be changed for light and transient causes; and accordingly, all experience hath shown that mankind are more inclined 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, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, 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 alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations; all having in direct object the establishment of an absolute tyranny over these States: to prove this, let facts be exhibited to a candid world.
"He has refused his assent to laws the most wholesome and necessary for the public good.
"He has forbidden his Governours to pass laws of immediate and pressing importance, unless suspended in their operations till his assent should be obtained; and when so suspended, he has utterly neglected 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 rights of representation in the Legislature; a right inestimable to them, and formidable to tyrants only.
"He has called together legislative bodies at places unusual, uncomfortable, and distant from the depositories of their public records, for the sole purpose of fatiguing them into compliance with his measures.
"He has dissolved Representative Houses repeatedly, for opposing, with manly firmness, his invasion on the rights of the people.
"He has refused, for a long time after such dissolution, 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 meantime, 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 conditions of new appropriations of lands.
"He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.
"He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries.
"He has erected a multitude of new offices, and sent hither swarms of officers, to harass our people and eat out their substance.
"He has kept among us, in times of peace, standing armies, without the consent of our Legislatures.
"He has affected to render the military independent of, and superior 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 trial, from punishment for any murders which 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, in many cases, of the benefit of trial by jury.
"For transporting us beyond seas, to be tried for pretended offences.
"For abolishing the free system of English laws in a neighbouring Province, establishing therein an arbitrary government, and enlarging its boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies.
"For taking away our Charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments.
"For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
"He has abdicated government here, by declaring us out of his protection, and waging war against us.
"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 work of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.
"He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands.
"He has excited domestick insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is undistinguished destruction of all ages, sexes, and conditions.
"In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated petitions have been answered only 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 free people.
"Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of attempts by their Legislature to extend an unwarrantable jurisdiction over us; we have reminded them of the circumstances of our emigration and settlement here; we have appealed to their native justice and magnanimity; and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connection and correspondence. They too have been deaf to the voice of justice and consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war, in peace friends.
"We therefore, the representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare, that these United Colonies are, and of right ought to be, Free and Independent States; and that they are absolved from allegiance to the British Crown; and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved; and that, as free and independent States, they have full 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, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honour."
Note.—This Declaration will be discussed in the next chapter.