Historical notes of the American colonies and revolution from 1754 to 1775. Published by his executors

Preface

OF THE PUBLISHERS. The following Historical Notes of the American Colonies were compiled by the late William Griffith, Esq., of New Jersey, and were designed as an Introduction to his " Law Register." They were printed in his life time, and left incomplete, in the state in which they are now published. It is to be regretted that he had not completed them. Under a belief, however, that they contain much useful information, and that the labors bestowed upon them may not be lost, they are now offered 10 the public. A History of the United States upon the plan of which he speaks in his preface, would be a most valuable Work, in the accomplishment of which, the following Notes might afford to the author considerable aid.

PREFACE.

TO THE HISTORICAL NOTES. In presenting the recital, which follow, no idea is entertained of furnishing a history of the revolution. The causes and consequences of that event, so extraordinary in every light, and the vast suc cession of characters and actions, employed in its accomplishment, must be sought for in more detail, and with more accuracy, in other memorials. The design of this summary is, simply to sketch the grounds of that controversy with England, which produced the revolution, and certain acts and proceedings of a national char acter, whicb preceded those three great epochs in the civil history of these States ; The DECLARATION of INDEPENDENCE, On the 4th of July, 1776 the AHTICLES Of CONFEDERATION and perpetual union, on the 1st of March, 1781 — and the constitdtion of the united states, on the 4th March, 178a. It seemed to me, not altogether foreign to the subject of a Volume, entitled " The Federal System ;" to advert to the origin, and acts, of those federal authorities, which, under the name of " Congresses," by the wisdom of their councils, persevering constancy of purpose, and influenced by the purest feelings of patriotism and honour, united, directed, and led forward the colonies, to independence, and the possession of political and social blessings, unknown to any former age or nation.

Beside this general inducement, another more immediately connected with the design of the "Law Register" was, to embody in the historical account, those publications relative to constitutional law, and principles of government which came from Congress, during the legal controversy with England : — I mean the declarations, petitions, and addresses, in which they set forth the rights, and vindicate the claims of the colonies ; I do not know they are to be found at large, and con nected with their immediate causes anywhere, but on the journa Is of Congress: — These documents are in every view invaluable : — They are principally the production of men, who adorned the profession for which the work I am engaged in is intended, lawyers and jurists, pre-eminent in ability, and equally distinguished for their ardour and constancy in the cause of liberty : — On the basis of such labours and enlightened principles, have arisen those free and happy institutions, which seem calculated to promote and secure, whatever of felicity is attainable by man, under the most perfect forms of civil government.

It seemed no less a tribute due to the names and virtues of these great men, than a duty I owed to the American Bar, to give their " arguments" in favour of liberty, a place in my work — No lawyer will peruse them but with admiration and improvement, and no patriot, without feel ings of respect and gratitude, for men who defended the rights of their country, by the most powerful reasonings, and unshaken constancy. In executing these views, I can do little more than select from historical memoirs, and the journals of congress ; and in this selection, confine myself to the earliest and principal transactions ; those more immediately indicating the causes of the revolution, and the great and excellent statesmen who bore so conspicuous a part in its accomplishment. These cauies,and the events which led, first to a civil war with England ; then to independence, VI

PREFACE.

. and the confederation ; and lastly, a national constitution ; will be found either stated or referred to in the "journals of congress ;" now called journals of the " Old Congress." They begin, on Monday the 5th of September, 1774, and end, on the first Monday in Novem ber 1788, comprising a period of 14 years ; when the last congress under the confederation, ceased to exercise its powers, and was succeeded by that which convened at New York, on the 4th March, 1789, under the present constitution of the United States. These journals commence, as before observed, with the first Congress, which met at Philadel phia on the 5th September 1774. This body dissolved itself on the 26th October following, having on the 22d of October, resolved, " that it will be necessary, that another Congress should be held on the tenth day of May next, unless the Redress of Grievances which we have desired, be obtained before that time. — And we recommend that the same be held at the city of Philadelphia, and that all the colonies in North America choose deputies, as soon as possible, to attend such congress."

The General Congress met accordingly ; from that time there was no dissolution : The vacancies accruing, were filled up as they occurred ; or new delegates sent as substitutes, at the pleasure of the respective assemblies, conventions, and provincial congresses, of the several colo nies: it was a continued session, with short recesses, of the same Congress, until the 1st of March, 1781, when it became an annual body under the articles of confederation ; but even then, continued without suspension, (unless by adjournment,) until November, 1788, when it terminated, by the adoption of the present constitution of the United States. Until the Declaration of Independence, Congress in official acts, styled themselves " The Delegates of the United Colonies, of New Hampshire, Massachusetts," &c. repeating the names of each ; or, the Delegates, of the 12 (or 13) " United Colonies, in North America."

It was not until the 15th July, 1775, that the province of Georgia united herself to the other colonies and sent delegates to the Congress, then silting in Philadelphia ; this completed the whole number of thirteen. The Declaration of Independence in 1776, did not in express terms, give a style or corporate name to the states ; but purports at the head of it, to be, " a Declaration, by the representatives of 'The United States of America,' in congress assembled;" by implication, assuming this as a national title. From this time their style was, " The Congress of the United States of America." The same body continued permanent however, as before stated, until the 1st of March, 1781, when the articles of Confederation were completed, by the accession of Maryland. By the 5th Article of the confederation, it had been provided, that "for the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Mon day in November, in every year, with a power reserved to each state to recal its delegates, or any of them, at anytime within the year, and to send others in their stead, for the remainder of the year."

On the 2nd March, 1781, this entry appears on the journals, " The United States in Congress assembled, March 2nd, 1781. ° "The ratification of the articles of confederation, being yesterday completed by the accession of the state of Maryland ; "Tlie United States met in Congress, when the following members appeared, &c. " His excellency Samuel Huntington, delegate for Connecticut, president," &c. The Confederation, in its first article, adopted for the style of the union, " The United States of America": directly assuming a corporate name. This is the style now used, in all solemn legislative executive, and judicial acts, and commissions ; although the constitution of the United States hr expressly adopted this as a corporate name, unless its preamble may be so construed ' "' Although congress, in the journal of the 2nd March 1781, took notice of its sitting under the confederation ; it was composed of the same members as on the day before :_„0 new comn,i«i„„. bad been given ; nor was a new President chosen : "'"imasiuns But on Monday, the 5th November following, being the annual day mentioned in the articles of confederation ; there is a minute, of the opening of a new Congress ; the names are given and Vt ,s said their credentials were read, also a new President was chosen : it is to be inferred ,'h .

K tween the 1st March and November, 1781, members had received new annual mm™u f their constituents, under the 5th article of the confederation. commissions from After Uiis. there is a regular commencement in the minutes on the first Monday in November

PREFACE.

. VII annually, of a new Congress ; and doubtless the delegates had new commissions each year, but there never was any suspension or dissolution of it, from 1775, to 1788, when it gave way to the federal constitution. The delegates were seldom changed ; hence a more perfect knowledge of business and of the interests of the Union, were acquired ; and a more steady, uuiform, and able administration of the government: — as much, and more, important executive and legislative transactions, were executed in one day in those Congresses, than would appear in the present often times, to be performed in weeks. It may be observed here, that until the confederation in 1781, for a period of 6 years, members of Congress acted rather as a body of agents for all the people of the colonies, than as deputies formally representing independent governments ; yet this anomalous character, strengthened, rather than impaired, their first operations: they were considered absolute, and as possessing consolidated powers : their acts were deemed valid, in publick opinion, and in courts of law, as if they were those of a supreme legislative body ; — being controlled by no federal compact or constitution, but representing the whole people : though -voting by states.

It is somewhat surprising, that after the declaration of Independence in 1776, Congress did not assume continental Legislative powers, and establish courts, and a system of taxation, at least during the war ; no doubt it would have been acquiesced in, and even hailed, as the best guarantee for the final attainment of independence : millions would have been saved, and all the operations of war, defence, internal regulation, and econo my, more efficiently directed against the common enemy. The confederation, which seemed to promise so many advantages, and was so ardently pressed by the greatest statesmen of the day, came too late, and after all, was not as efficient as the Congress, before its adoption. After the confederation, (in 1781.) many of these acts and proceedings were in the form of re solves and orders, as before ; but they then gave the name of ordinances to their more solemn enactments, beginning, " and be it ordainedby the United States in Congress assembled."

Nothing short of a perusal of these journals, (in 13 volumes;) can afford adequate conceptions or views, of the causes of the revolution, the complicated and endless variety of measures and events it produced, and of the virtue and talents which conducted it : — or of the sacrifices aud toils endured by the American people, during a period of 9 years, from the 1st congress, in September 1774, to the definitive treaty of peace with Great Britain, in Sep. 1783. They present also, a vast collection of facts and proceedings, which took place in the colonies and states separately, within that time : exhibiting in the strongest lights, just views, of the principles of civil liberty, and the American character, in whatever sphere of action employed, during this mighty contest with England ; by far the most efficient and formidable power, at that period, in the world.

We have yet, I conceive, no complete history of the revolution ; a history, in the form of annals and documentary evidence at large, commencing with the peace of Paris, in 1763, and ending with the peace of Paris in 1783. An account of this period, comprising its written evidences, legislative, executive, and diplo. matick, private and publick, on both sides of the Atlantick, precedent to hostilities in 1775 ; the progress and events of the war, to its termination, and the conduct and characters of those men, on all sides, who figured as actors in this great drama ; would be a most interesting work : The matters which should compose it, do not rest in tradition, but may (to the proceedings even of a town meeting, or corporation, as well as the acts of a minister, congress, or general ;) be traced to publick offices, and undoubted writings j and be delineated, with the exactness of a judicial record : yet we have no such history j and he who would attain a just and comprehensive knowledge, of the affairs of this 20 years, (by far the most important in their consequences, as fixing principles of government, and promoting civil liberty over the world, which ever filled an equal space,) will fall infinitely short of his object, by resorting to any, and all, the professed liistories now extant : — they are very deficient, in that fullness and certainty of authentick documents and authority, which alone can satisfy one who seeks for truth, and would draw his own conclusions from the original evidence.

The historical essays of this period, are defective in order, connexion, and dependence, of lead ing measures and events : they are much too scanty ; and this defect is not supplied, by correct and ample references to the sources, from which they are made up. True history, is not to be erected upon private assertions, opinions, and surmises, however respectable, or in a representation of individual acts and events; the account of armaments, in vasions, sieges, battles, and hazards of war, and their results ; these are consequential and wholly subordinate, though proper in their place and connexion.

PREFACE.

. VIII The rational mind inquires for the actual causes of revolution, of war, or political changes ; and the particular and successive ways and means of whatever kind, employed by the states or agents concerned, to effect their purposes ; these rest on evidence, and it is that which constitutes all true and useful history. There could be no undertaking, more worthy of the labours of a vigorous, impartial, and en lightened mind, than that of collecting and embodying these evidences, in their due order and connexion; handing down to posterity, in their original and unmutilated forms, a series of docu mentary annals, whether parliamentary, legislative, diplomatick, epistolary, or popular ; followed by an account of the respective measures and events, which grew out of the original elements and causes of strife.

This would doubtless, be a most voluminous compilation,* but the period embraced, is that which stands more immediately connected, with the great cause of human liberty, and discussion of the rights of man in society as a distinct subject of controversy, than any other : Previous to this, (he principles of free government, and the inherent right of the people to take care of their own in terests and happiness, by th.irown reason and authority, had only been touched upon in theories little known, or scattered and mixed up with many alloys and heterogeneous ingredients, in the history and legal constitutions of England; wars and revolutions before, were only trials of physical strength, to acquire dominion, or maintain it, over men, as mere subjects of government, not as partakers in its rightful and beneficent execution : wars springing from personal ambition or vengeance, waged to resent an insult, to propagate religious creeds by the sword, or enforce pretensions founded in avarice, and a spirit of monopoly.

The principles on which the American contest was sustained, and their elucidations, involved exclusively, the nature and extent of civil liberty, the right of self government in the people, and the assertion, that power was held from them, and for them ; to be executed as a trust, and revo cable at their pleasure ; an exhibition of these principles and elucidations, with the motives and conduct of the statesmen and patriots who maintained them ; the successful issue, in the establishment of free forms of republican government ; reduced to written certainty ; and executed, with perfect order, efficiency and justice, under authorities delegated by the people ; (all which such a work must unfold,) would constitute an invaluable legacy to mankind : — more especially, since near balsa century of experiment, under many disadvantages, has realized every prediction, which the most sanguine theories ever indulged, in favour of republican government- The compilement which follows, of events preceding the several epochs before adverted to, —pretends to nothing of this kind : my object is principally, to put in the foreground of "The Annual Law Register;" the particular causes of the revolution, the general principles on which it was supported, and some of Ae most conspicuous publick acts, with the names, and example, of those truly great and virtuous men, whose first councils led the way to American Independence, and to that inestimable Constitution of National Government, which must (if human reason is not a phantom,) forever bind these states, in perpetual peace, union, and advancing felicity.

Although the causes of civil war with England, and finally, of independence, might be collected from the journals of congress, commencing in September 1774, by inference, and from the grounds of complaint, stated in the various petitions, declarations of rights, and grievances, published by Congress ; yet I did not think it would be satisfactory to begin there. I have therefore traced, in somewhat of a chronological order, the history of the controversy and its progress, commencing in 1763, -\ down to the meeting of Congress in 1774, from other sources . in doing of which, it must be again repeated, that my view is limited to the simple purpose of leading the reader, to a general acquaintance with the subject ; as well in what relates to cabinet and legislative measures in England, as to the popular feeling, spirit, and determination, displayed in the colonies: I have carried this down, only to the declaration of Independence in 1776 ; after that, it was but a national war ; for conquest on one side, freedom on the other ; its progress and results are known. • Comparatively— as a history of 20 years only : but disconnected from the particular history of discovery, colonization, and wars, which preceded 1763, might be comprised in two octavo volumes of 600 pages each. f In fact, I have carried back my "notes on the point of taxation," to an earlier period; but it was not till after the peace of 1763, that the question became a subject of contention.

PREFACE.

. IX The editor perhaps, should make some apology, for the minute type, in which these notes are published; this was not his original intention; but perceiving they had, notwithstanding all possible compression, far exceeded his first calculation, he was unwilling to occupy a space, which some might think, would be better filled with matter, more strictly, within the design of the work. For this reason, the historical part, is put in half the compass which another type would have required. As there is room here, the page may properly be silled with the names, and times of accession, of the several Presidents of Congress, antecedent to the 4th March, 1789, when the new Constitution went into operation. PRESIDENTS of CONGRESS. PEYTON RANDOLPH (a) elected 5th September, 1774. HENRY MIUDLETON . . . • 22d October, PEYTON RANDOLPH 10th May, 1775.

JOHN HANCOCK • 24th May HENKY LAURENS 1st November, 1777. JOHN JAY 10th December, 1778. SAMUEL HUNTINGTON 28th Septemb er, 1779. THOMAS M'KEAN • 10th July, 1781. JOHN HANSON 5th November, 1781. ELIAS BOUI.1NOT 4th November, 1782. THOMAS MIFFL1N 3d November, 1783. RICHARD HENRY LEE 30th November, 1784. JOHN HANCOCK 25th November, 1785. but (lid not attend, resigned 5th June, 1786. NATHANIEL GORHAM 6th June, 1786. ARTHUR St. CLA1R 2d February, 1787. CYRUS GRIFFIN 22d January, 1788. (a) This gentleman, distinguished as the 1st President, of the 1st Congress, and whose name appears associated with all the publick transactions of the times, died suddenly in Philadelphia, on Sunday the 22 of October, 1775, while attending there in Congress, as one of the delegates from Virginia. The entry in the Journal in reference to his death, is as follovos, " Monday, October 23d, 1775.

The Congress being informed, that yesterday the hon. Peyton Randolph, Esq. suddenly departed this life, " Resolved, That the Congress will attend his funeral as mourners, with a crape round theii left arm, according to the association. " That the Congress thus continue in mourning, for the space of one month " That a committee of three be appointed, to superintend the funeral. " The members chosen, Mr. Middleton, Mr. Hopkins, and Mr. Chase. " That the Committee wait on the Rev. Mr. Duche', and request him to prepare a proper discourse, to be delivered at the funeral." Note. — Inverted commas, thus " " denote an extract ; and I have referred in all material matters, to the name of the author: quotations from the ' Journals" of Congress, will of course br understood. HISTORICAL NOTES §c. CHAP. I. Containing transactions &c, between 1763 £? 1776.

AT the close of the war, (of 1756,) between Great Britain and France, terminated by the treaty of Paris in 1763; the British colonies of North America, were attached to the mother country, by every tie which could add strength to the connexion ; by the sympathies of a common extraction, and history ; and the more endearing affections and solicitudes, which flowed from domestick affinities and private interests, encircling and blessing all. But to these were added, the stronger cement of national identity ; a common language; the same religious creeds, and venerable laws, and institutions ; like manners, pursuits, congenial tastes, and even prejudices; — above all, it was upheld by the pride which the colonists cherished, as common inheritors of British liberty, (possessed by no other people,) and partakers in all the glories of British pre-eminence, in knowledge and refinement, arms and empire.

The recent war, so glorious to both in its prosecution and results, so peculiarly American in its origin and objects; and in which they co-operated, in so many arduous military enterprises, had inspired mutual respect, and a warmth of attachment unfelt before; there was a confidence also, reposed by the colonies, in the affectionate disposition and mighty power of the mother country, unrestrained by any fear, or jealousy : — George the III, then in the 3d year of his reign, by the splendour of the British arms in all quarters, the extension and security which war had given to his realms and by his vast military and naval superiority, with an extent of commerce and manufactures unequalled, was universally deemed the most powerful monarch at that time in Eu rope, and highly popular in all his dominions.

This flattering scene however, was soon to be changed ; those sentiments and interests, which if cultivated, might have long (though not always,) retained the colonies a part of the British empire, were suddenly extinguished, by the folly and the arrogance of British ministers ; men ig norant of human nature, and in government, and deaf to admonition and experience : — fortunate indeed for America, and for mankind ! — but affording a solemn lesson to every people, who repose a blind confidence in the talents or virtues of particular men, however popular, or whatever be their pretensions. The triumphs of the war, and the promised blessings of peace and concord, were at once for gotten and lost in sordid views to revenue ; views equally hostile to justice and to policy. Not satisfied with the monopoly of the whole product of American industry and trade, expended for her manufactures and articles of consumption, increasing beyoud calculation, silently pouring millions into the lap of England ; her infatuated ministers, resolved to force upon the colonies, a system of internal taxation ; limited only by the will of a British parliament, prescribing its objects, its extent, continuance, and means of collection ; -without the consent or participation, of millions of British subjects, doomed to bear the burthen, and the disgrace.

No choice was proffered, but submission or resistance ; and the colonies did not hesitate : they resolved, that no power on earth should wrest from them, property, and th. fruits of their toil and industry, without their consent — this was the origin of the most extraordinary revolution on record, and upon this issue, did the contest turn. [1754, July.] HISTORICAL NOTES, &e. 12 The question of taxing the colonies by an English parliament, was of early date. In 1696, a pamphlet was published in England, recommending a parliamentary tax on one of them: It was answered bv two others much read, which totally denied the power of taxing the colonies ; for the reason, " that they bad no representatives in parliament to give their consent :" no reply was made to these, no censure passed on them ; men were not startled at the doctrine, as either new or illegal, or derogatory to the rights of parliament.

But in point of fact, the power was exercised, by an act of parliament, in 1710, " for establishing a general post office, for all her Majesty's (1) American dominions, and for settling a weekly sum, out of the revenue thereof, for the service of the war, and other her Majesty's occasions :" under this act, a post office was established in the colonies. The people did not however complain of this, not considering it as designed to raise a revenue from them, but rather tending to their convenience : besides, it left every one as before, free to choose a private or publick conveyance. It would appear that in 1754, the British cabinet first begun to entertain settled designs of taxing the colonies by act of parliament ; the revenue to be carried into the British exchequer, in each colony, and appropriated as the parliament should direct: at that period, the French, then possessing Canada, had formed the great design of extending their dominion to the gulph of Mexico ; embracing all the region north and west of the Allegheny mountain, and generally all the country, whose rivers and streams of water flowed into the Allegheny, Ohio, and Mississippi rivers, under pretence of its being comprised in Louisiana.

This purpose, which was hardly concealed, and the execution of which, was commenced on the Ohio, produced the greatest sensation in England and the colonies : — a war with France, seemed from the first inevitable : — It was in fact commenced by Virginia under the authority of the British ministry, who had given instructions to the colonies, to oppose the encroachments of the French, by force of arms. This colony accordingly, detached a force in the spring of 1754, for the purpose of reducing fort Duquesne (now Pittsburgh) : a Mr. Fry, was appointed CoL of the Regiment, and Major Wash ington Lt. Col., but the Col. dying, the command devolved on Washington ; (2) with a part of his re giment in advance, he surprised and captured adetachment of the French at the Great Meadows. The general design however failed ; Col. Washington, not having more than 408 men, was com pelled to intrench at tlie meadows, and wait the attack of the French from fort Duquesne, under Monseiur de Villier, commanding about 1500 French and Indiaus: — the assault upon the American fort (called fort Necessity, a mere stockade) was made on the 3d July : The Americans " sought partly within the stockade, and partly in the surrounding ditch, which was nearly filled with mud and water.

Colonel Washington in person, continued the whole day on the outside of the sort, encouraging the soldiers by his countenance and example. The enemy fought under cover of the trees and high grass, with which the country abounds. The engagement was continued with great resolution from ten in the morning until dark, when monsieur de Villier de manded a parley, and offered terms of capitulation. The proposals first made were rejected ; but in the course of the night, articles were signed by which the fort was surrendered, on condition that its garrison should be allowed the honours of war ; should be permitted to retain their arms and baggage ; and to march without molestation into the inhabited parts of Virginia." (3) Thus the war commenced, and was carried on in America from that time ; but not formally de clared between England and France, until 1756, and from thence takes the name of the war of 1756.

Early in this year, [1754,] "the lords commissoiners for trade and plantations, had recommended to the several colonies, lo appoint commissioners to meet each other. Their lordships designed, that there should be a general league of friendship, between all the colonies and the Indians, in his majesty's name. (April 10.) The Massachusetts general court not only acceded to the propo sal, but both houses desired his excellency, governor Shirley 'to pray his majesty, that affairs which relate to the six nations and their allies, may be put under some general direction as his majesty shall think proper ; that the several governors may be obliged to bear their proportions of defending his majesty's territories against the encroachments of the French, and the ravages and incur sions of the Indians.