History for ready reference, Volumes 1 to 5

Part 1024

Chapter 10243,558 wordsPublic domain

"Plan of a proposed Union of the several Colonies of Massachusetts-Bay, New-Hampshire, Connecticut, Rhode-Island, New-York, New-Jersey, Pennsylvania, Maryland, Virginia, North-Carolina, and South Carolina, for their mutual Defence and Security, and for the Extending the British Settlements in North-America. That humble Application be made for an Act of the Parliament of Great-Britain, by Virtue of which One General Government may be formed in America, including all the said Colonies; within and under which Government, each Colony may retain its present Constitution, except in the Particulars wherein a Change may be directed by the said Act, as hereafter follows. That the said General Government be administered by a President General, to be appointed and supported by the Crown; and a Grand Council, to be chosen by the Representatives of the People of the several Colonies, met in their respective Assemblies. That within Months after the Passing of such Act, the House of Representatives in the several Assemblies, that happen to be sitting within that Time, or that shall be especially for that Purpose convened, may and shall chuse Members for the Grand Council, in the following Proportions; that is to say: Massachusetts-Bay, 7; New-Hampshire, 2; Connecticut, 5; Rhode-Island, 2; New-York, 4; New-Jersey, 3; Pennsylvania, 6; Maryland, 4; Virginia, 7, North-Carolina, 4; South Carolina, 4: = 48. Who shall meet for the first Time at the City of Philadelphia in Pennsylvania, being called by the President General, as soon as conveniently may be, after his Appointment. That there shall be a new Election of Members for the Grand Council every three Years; and on the Death or Resignation of any Member, his Place shall be supplied by a new Choice, at the next Sitting of the Assembly of the Colony he represented. {3178} That after the first three Years, when the Proportion of Money arising out of each Colony to the General Treasury, can be known, the Number of Members to be chosen for each Colony, shall from time to time, in all ensuing Elections, be regulated by that Proportion (yet so as that the Number to be chosen by any one Province, be not more than seven, nor less than two). That the Grand Council shall meet once in every Year, and oftener if Occasion require, at such Time and Place as they shall adjourn to at the last preceding Meeting, or as they shall be called to meet at by the President General on any Emergency; he having first obtained in writing, the Consent of seven of the Members to such Call, and sent due and timely Notice to the whole. That the Grand Council have Power to chuse their Speaker, and shall neither be dissolved, prorogued, nor continue sitting longer than six Weeks at one Time, without their own Consent, or the special Command of the Crown. That the Members of the Grand Council shall be allowed for their Service, Ten Shillings Sterling per Diem, during their Session and Journey to and from the Place of Meeting, twenty Miles to be reckoned a Day's Journey. That the Assent of the President General be requisite to all Acts of the Grand Council; and that it be his Office and Duty to cause them to be carried into Execution. That the President General, with the Advice of the Grand Council, hold or direct all Indian Treaties, in which the general Interest or Welfare of the Colonies may be concerned; and to make Peace or declare War with Indian Nations. That they make such Laws as they judge necessary for regulating all Indian Trade. That they make all Purchases from Indians for the Crown, of the Lands now not within the Bounds of particular Colonies, or that shall not be within their Bounds, when some of them are reduced to more convenient Dimensions. That they make new Settlements on such Purchases, by granting Lands in the King's Name, reserving a Quit-Rent to the Crown for the Use of the General Treasury. That they make Laws for regulating and governing such new Settlements, 'till the Crown shall think fit to form them into particular Governments. That they may raise and pay Soldiers, and build Forts for the Defence of any of the Colonies, and equip Vessels of Force to guard the Coast, and protect the Trade on the Ocean, Lakes, or great Rivers; but they shall not impress Men in any Colony, without the Consent of its Legislature. That for those Purposes, they have Power to make Laws, and lay and levy such general Duties, Imposts, or Taxes, as to themselves appear most equal and just, considering the Ability and other Circumstances of the Inhabitants in the several Colonies, and such as may be collected with the least Inconvenience to the People; rather discouraging Luxury, than loading industry with unnecessary Burthens. That they may appoint a general Treasurer and a particular Treasurer in each Government, when necessary; and from time to time, may order the Sums in the Treasuries of each Government, into the General Treasury, or draw on them for special Payments, as they find most convenient; yet no Money to issue, but by joint Orders of the President General and Grand Council, except where Sums have been appropriated to particular Purposes, and the President General is previously impowered by an Act, to draw for such Sums. That the general Accounts shall be yearly settled, and reported to the several Assemblies. That a Quorum of the Grand Council, impowered to act with the President General, do consist of Twenty-five Members; among whom there shall be one or more from a Majority of the Colonies. That the Laws made by them for the Purposes aforesaid, shall not be repugnant, but as near as may be agreeable, to the Laws of England, and shall be transmitted to the King in Council, for Approbation, as soon as may be, after their passing; and if not disapproved within three Years after Presentation, to remain in Force. That in Case of the Death of the President General, the Speaker of the Grand Council for the Time being, shall succeed, and be vested with the same Power and Authorities, and continue 'till the King's Pleasure be known. That all Military Commission Officers, whether for Land or Sea Service, to act under this General Constitution, be nominated by the President General, but the Approbation of the Grand Council is to be obtained, before they receive their Commissions. And all Civil Officers are to be nominated by the Grand Council, and to receive the President General's Approbation, before they officiate. But in Case of Vacancy, by Death or Removal of any Officer, Civil or Military, under this Constitution, the Governor of the Provinces in which such Vacancy happens, may appoint, 'till the Pleasure of the President General and Grand Council can be known. That the particular Military as well as Civil Establishments in each Colony, remain in their present State, this General Constitution notwithstanding; and that on sudden Emergencies, any Colony may defend itself, and lay the Accounts of Expense thence arisen, before the President General and Grand Council, who may allow and order Payment of the same, as far as they judge such Accounts just and reasonable."

_Stephen Hopkins, A True Representation of the Plan formed at Albany in 1754, for uniting all the British Northern Colonies; with introduction and notes by S. S. Rider (Rhode Island Historical Tracts, Number 9)._

ALSO IN: _Proceedings of Commissioners at Albany (Doc. Hist. of New York, volume 2, pages 545-617)._

_T. C. Haliburton, Rule and Misrule of the English in America, pages 253-258._

_J. R. Brodhead, editor, Documents relative to Colonial History of New York, volume 6, pages 853-905._

_Journal of Congress at Albany in 1754 (Massachusetts Historical Society Collection, series 3, volume 5)._

UNITED STATES OF AMERICA: A. D. 1755. Demand of the royal governors in America for taxation of the colonies by act of Parliament.

At the congress of American governors which General Braddock convened at Alexandria, in April, 1755, on his first arrival in America as commander-in-chief of the British forces, "Braddock directed their attention, first of all, to the subject of a colonial revenue, on which his instructions commanded him to insist, and his anger kindled 'that no such fund was already established.' The governors present, recapitulating their strifes with their assemblies, made answer: 'Such a fund can never be established in the colonies without the aid of parliament. Having found it impracticable to obtain in their respective governments the proportion expected by his majesty toward defraying the expense of his service in North America, they are unanimously of opinion that it should be proposed to his majesty's ministers to find out some method of compelling them to do it, and of assessing the several governments in proportion to their respective abilities.' {3179} This imposing document Braddock sent forthwith to the ministry, himself urging the necessity of laying some tax throughout his majesty's dominions in North America. … I have had in my hands vast masses of correspondence, including letters from servants of the crown in every royal colony in America; from civilians, as well as from Braddock and Dunbar and Gage; from Delancey and Sharpe, as well as from Dinwiddie and Shirley; and all were of the same tenor. The British ministry heard one general clamor from men in office for taxation by act of parliament. … In England, the government was more and more inclined to enforce the permanent authority of Great Britain."

_G. Bancroft, History of the United States (Author's last Revision), volume 2, pages. 416-417._

UNITED STATES OF AMERICA: A. D. 1755-1760. The French and Indian War, known in Europe as the Seven Years War: The English conquest of Canada.

See CANADA: A. D. 1750-1773, to 1760; NOVA SCOTIA: A. D. 1749-1755; 1755; OHIO (VALLEY): A. D. 1748-1754, to 1755; CAPE BRETON ISLAND: A. D. 1758-1760;

also, for an account of the accompanying Cherokee War.

See SOUTH CAROLINA: A. D. 1759-1761.

UNITED STATES OF AMERICA: A. D. 1760-1775. Crown, Parliament and Colonies. The English theory and the American theory of their relations.

"The people of every colony were subject to two jurisdictions, one local and one general, that must be adjusted to each other. To effect such adjustment caused no little friction; and the Colonies and the Mother Country got on peaceably as long as they did, only because neither one pushed its theory of colonial relations to an extreme, each yielding something to the other and thus effecting a compromise. The Colonies held that the dominion which the Cabots discovered in America belonged to the King, rather than to the Kingdom, of England. Englishmen adventuring into this dominion to plant colonies were entitled to all the privileges of free-born Englishmen at home; trial by jury, habeas corpus, and exemption from taxes that their own representatives had not voted. The British Empire was not one dominion, but several dominions. Everyone of these dominions had, or should have, its own legislature to enact laws for its government. The Colonies were not one dominion, but 13 dominions; and in everyone the legislature was as supreme as Parliament was in England. Parliament, therefore, had nothing more to do with Massachusetts or Virginia than the legislatures of those colonies had to do with England. The King, who alone had a voice in the matter, had, in their charters, guaranteed to the Colonies the common law so far as this was applicable to their condition, and he was now powerless to withdraw what he had thus conceded. Such, in outline, was the American theory of colonial relations. Still, no one pretended that this theory had ever been fully carried out in practice. It must also be said that it did not appear fully formed at once, but grew up gradually. The British theory was that Englishmen continued Englishmen when they emigrated to the American dominions of the King; that the power of Parliament, to which they were subject in the old home, followed them to the new one; and that Parliament could yield them more or fewer powers of self-government for a time, and then withdraw them. It was also claimed that the Colonies were already represented in the House of Commons; since the several members of that body did not represent particular districts or constituencies, but the whole British Empire. Besides, it was asserted that the Colonies themselves had repeatedly acknowledged the authority of Parliament by submitting to its legislation. Still no one pretended that this theory had ever been fully carried out."

_B. A. Hinsdale, The American Government, sections 92-93._

ALSO IN: _R. Frothingham, Life and Times of Joseph Warren, pages 30-32._

UNITED STATES OF AMERICA: A. D. 1761. Enforcement of revenue laws in Massachusetts. The Writs of Assistance and Otis' speech.

"Immediately after the conquest of Canada was completed, rumors were widely circulated … that the charters would be taken away, and the colonies reduced to royal governments. The officers of the customs began at once to enforce with strictness all the acts of parliament regulating the trade of the colonies, several of which had been suspended, or become obsolete, and thus had never been executed at all. The good will of the colonists or their legislatures, was no longer wanted in the prosecution of the war; and the commissioners of the customs were permitted and directed to enforce the obnoxious acts. Governor Bernard [of Massachusetts], who was always a supporter of the royal prerogative, entered fully into these views, and shewed by his opinion, his appointments and his confidential advisers, that his object would be, to extend the power of the government to any limits, which the ministry might authorize. The first demonstration of the new course intended to be pursued, was the arrival of an order in Council to carry into effect the Acts of trade, and to apply to the supreme judicature of the Province [Massachusetts], for Writs of Assistance, to be granted to the officers of the customs. In a case of this importance there can be no doubt, that Mr. Paxton, who was at the head of the customs in Boston, consulted with the Government and all the crown officers, as to the best course to be taken. The result was, that he directed his deputy at Salem, Mr. Cockle, in November, 1760, to petition the Superior Court, then sitting in that town, for 'writs of assistance.' Stephen Sewall who was the Chief Justice, expressed great doubt of the legality of such a writ, and of the authority of the Court to grant it. None of the other judges said a word in favour of it; but as the application was on the part of the Crown, it could not be dismissed without a hearing, which after consultation was fixed for the next term of the Court, to be held in February, 1761, at Boston, when the question was ordered to be argued. In the interval, Chief Justice Sewall died, and Lieutenant Governor Hutchinson was made his successor, thereby uniting in his person, the office of Lieutenant Governor with the emoluments of the commander of the castle, a member of the Council, Judge of Probate and Chief Justice of the Supreme Court! … The mercantile part of the community was in a state of great anxiety as to the result of this question. The officers of the Customs called upon Otis for his official assistance, as Advocate General, to argue their cause. {3180} But, as he believed these writs to be illegal and tyrannical, be refused. He would not prostitute his office to the support of an oppressive act; and with true delicacy and dignity, being unwilling to retain a station, in which he might be expected or called upon to argue in support of such odious measures, he resigned it though the situation was very lucrative, and if filled by an incumbent with a compliant spirit, led to the highest favours of government. The merchants of Salem and Boston, applied to Mr. Pratt to undertake their cause, who was also solicited to engage on the other side; but he declined taking any part, being about to leave Boston for New York, of which province he had been appointed Chief Justice. They also applied to Otis and Thacher, who engaged to make their defence, and probably both of them without fees, though very great ones were offered. The language of Otis was, 'in such a cause, I despise all fees.' … The trial took place in the Council Chamber of the Old Town House, in Boston. … The judges were five in number, including Lieutenant Governor Hutchinson, who presided as Chief Justice. The room was filled with all the officers of government, and the principal citizens, to hear the arguments in a cause that inspired the deepest solicitude. The case was opened by Mr. Gridley, who argued it with much learning, ingenuity, and dignity, urging every point and authority; that could be found after the most diligent search, in favour of the Custom house petition; making all his reasoning depend on this consideration—'if the parliament of Great Britain is the sovereign legislator of the British Empire.' He was followed by Mr. Thacher on the opposite side, whose reasoning was ingenious and able, delivered in a tone of great mildness and moderation. 'But,' in the language of President Adams, 'Otis was a flame of fire; with a promptitude of classical allusions, a depth of research, a rapid summary of historical events and dates, a profusion of legal authorities, a prophetic glance of his eyes into futurity, and a rapid torrent of impetuous eloquence, he hurried away all before him. American Independence was then and there born. The seeds of patriots and heroes, to defend the 'Non sine Diis animosus infans'; to defend the vigorous youth, were then and there sown. Every man of an immense crowded audience appeared to me to go away as I did, ready to take arms against Writs of Assistance. Then and there, was the first scene of the first act of opposition, to the arbitrary claims of Great Britain. Then and there, the child Independence was born. In fifteen years, i. e. in 1776, he grew up to manhood and declared himself free.' 'There were no stenographers in those days,' to give a complete report of this momentous harangue. How gladly would be exchanged for it, a few hundred verbose speeches on some of the miserable, transient topics of the day, that are circulated in worthless profusion. Yet on this occasion, 'the seeds were sown,' and though some of them doubtless fell by the wayside or on stony places, others fell on good ground, and sprang up and increased and brought forth in due season, thirty, sixty and an hundred fold. … After the close of his argument, the Court adjourned for consideration, and at the close of the term, Chief Justice Hutchinson pronounced the opinion: 'The Court has considered the subject of writs of assistance, find can see no foundation for such a writ; but as the practice in England is not known, it has been thought best to continue the question to the next term, that in the meantime opportunity may be given to know the result.' No cause in the annals of colonial jurisprudence had hitherto excited more public interest; and none had given rise to such powerful argument. … An epoch in public affairs may be dated from this trial. Political parties became more distinctly formed, and their several adherents were more marked and decided. The nature of ultra-marine jurisdiction began to be closely examined; the question respecting raising a revenue fully discussed. The right of the British parliament to impose taxes was openly denied. 'Taxation without representation is tyranny,' was the maxim, that was the guide and watch word of all the friends of liberty. The crown officers and their followers adopted openly the pretensions of the British ministry and parliament, and considering their power to be irresistible, appealed to the selfishness of those who might be expectants of patronage, and to the fears of all quiet and timid minds, to adopt a blind submission, as the only safe or reasonable alternative. Otis took the side of his country, and as has been shewn, under circumstances that made his decision irrevocable. He was transferred at once from the ranks of private life, not merely to take the side, but to be the guide and leader of his country, in opposition to the designs of the British ministry. 'Although' says President Adams, 'Mr. Otis had never before interfered in public affairs, his exertions on this single occasion secured him a commanding popularity with the friends of their country, and the terror and vengeance of her enemies; neither of which ever deserted him.' His popularity was instantaneous, and universal; and the public were impatient for the approaching election, when they could make him a representative of Boston."

_W. Tudor, Life of James Otis, chapters 5-7._