^\iiM& ''ciCc^ftC" '^J^A^' ■ ^ cr.rcCc CCCC^'KC <^ Ls: CTvC :^ iSf <- Cc c? <<<:(: €3;^' c; ^^^r^5. CCcXCCc- Q %'<«''«'■«''%■■%'''*''»!- '■%''%'S^'%..«e^>-'» "i *-'%-• LIBRARY OF TON GRESS :.'-A< o--C:c:' ««^ XOCCCC iicn'» ■*■ -Sr %l^|c *-^^^ C- r OCT •■ CC' C C«C < x Cs C - .. .<: ■ C . ' ^"^> C C.f , <■ c: ' •■ c <: .' -,: ( c-f " c> c c C ■ cjC:>" c c^C- -:: 0. "< < c: "■.■ C.. C .' ; <2- cL«;cc <:c<-c>c ^- ^ECOC C'-tc r ORATION DELIVERED BEFOEE THE iilij dnvfi'iiiiifiil aitil (itizfiis oi pM, JsALJJSXa HI^^ILL, JI'LV -i, 1S7-4 1\ I C H A 1\ 1 ) F K O T H I ^' G H A AI ^>* X Street. 1 S 7 i. CITY OF bosto:n' In Board of Aldekmen, July 6, 1874. Resolved, That llie thanks of the City Council be presented to tlie lion. Richard Frothingham, for the eloquent and patri- otic oration, cleiivered by him, before the municipal authori- ties of Boston, on the ninety-eighth anniversary of the Dec- laration of American Independence, and that he be re<|uested to furnish a copy thereof for publication. Passed. Sent down for concurrence. JOIIX T. CLARK, CJtairman. In Co3imon Council, July 9, 1874. Concurred. E. O. SHEPARD, President. Approved, July 10, 1874. SAMUEL C. COBB, Mayor. ORATION. Mu. ]\Iayok, Gentlemen of the Council, Fellow- Citizens : — The annual town-meeting, held in Boston in 1783, voted " that the Anniversary of the Declaration of Independence should be constantly celebrated by the delivery of a public oration, in which the oratoi' shall consider the feelhigs, manners, and principles which led to this great national event, as well as the impor- tant and happy effects " that " shall forever continue to How from it." From that time there has been a suc- cession of utterances giving expression to the love and veneration in which successive generations on this historic soil hold -the memory of the sages and heroes of the Kevolution. The men of Boston of that era, by their unswerving devotion to principle, won the admiration of theii" brethren in all the col- onics, and the gratitude of posterity. We meet to-day, not as citizens of a town, or of a city, or of a State, but as Americans. From the time of the morning guns and bells to eventide, when the sky is brilliant with illuminations, the thought is fixed 6 ORATIOISr. on the country. What a spectacle of progress it has presented, as the three millions who began the na- tional life with the aim of planting here the seeds of Christian civiHzation, grew to forty millions! Com- monwealth after commonwealth rose and took their places by the side of the thirteen original States, and thus as co-equals entered into the great inheritance of liberty and law, — each, by planting the school and the church, aiming to keep active those safeguards of our institutions, pubhc education and religion. Boston presents a type of this progress. Its popu- lation was but sixteen thousand when it did the great service in behalf of the principles of the Kevolution; a population of thi"ee hundred and seventy-five thou- sand rejoices in the happy eflects that flowed from the triumph. To-day, with the addition of Brighton, Charlestown, Dorchester, and Roxbury, there may be said to be a new Boston. Hence, the community dwelling in the beaiitiful natural scenery in which Joseph Warren was born, the communities around Bunker Hill and Faneuil Hall, join now, tor the first time, to celebrate the glorious Fourth. As their famed " Committees of Correspondence " met of old in council to promote the cause of liberty and union, so may their descendants be ever ready to stand forth in their defence. The work of to-day is a work of peace. Boston is JULY 4, 1874. 7 growing. On every side we see life and vigor. The way in which enterprise is covering with solid striictnres the recent desolation by fire, and the activ- ity in the marts of trade, show how alive business men are to their opportunities. May the inhabitants of the places recently incorporated with Bohton catch something of the spii'it of the original town, and be- come sensitive to its interests and honor. Unquestion- abl}' it is destined to be a great city. There cannot be a wiser policy than to take every step with such a future in view. Indeed, nothing is surer than a continuous growth of Boston, because nothing is surer than that its priceless i)rivileges, its noble educational and charitable activities, its commerce and its arts, Avill ever have, what is essential to them, the protective shield of a great nation. We are here to celebrate the day in which the birth of the nation was announced to the world. The Saxon, the Celt and the Korinan, the Scot, the Swede and the Huguenot came here, encountered the hard- shi])s of the Avilderness, and began a new civilization. They brought with them old ideas and principles; but here they assumed a significance they never had be- fore. They brought here the Chi-istian idea of man; on it they built their superstructure, and the individ- ual took his proper })lace in the political system. They brought with them the idea of the municipality; but in their hands this priuiordial political unit be- 8 ORATION. came a new creation. They brought with them the great discovery of modern times, representation; and in their hands, as applied in the mnincipality and to the general assembly, it was a representation of every community. In this way was jjroduced the free and independent American. It was a new growth. It was the greatest American product. Power at- tempted to check this d evelopment. Original methods were devised to meet the demands and wants of the hour. The thirteen commnnities grew into union. They became the United Colonies. At length a ma- jority of the people of these colonies instructed their representatives in Congress assembled to dissolve their connection with the crown. This was done by the resolution passed on the Second day of July, 1776. Then the United Colonies became the United States. The form of proclaiming this fact was then matured. On the Fourtli day of July the Declara- tion announced that the people had assumed, " among the powers of the earth, the separate and equal station to which the laws of N^ature and of Nature's God entitled them." Prophecy then became I'calit}^ It is remarkable how far back there were prophetic voices concerning this continent. They are met with before it was dis- covered, — before even the voj^ages of the Northmen. I have not time even to quote these sayings. Colum- bus knew of them, and used them to induce monarchs JULY 1, KS 74. 9 to engage in costly enterprise. Thus the unknown quantity in America, like the unknown quantity in algebra, helped to solve the problem of its own ex- istence. In tlie early da3^s of colonization, Herbert wrote the well-known lines, " Religion stands on tiptoe in our land, Koady to pass to the American strand ; " M'hieh Archbishop Tillotson, in ITOo, interpreted to mean, that, when vice should overspi"ead England, the Gospel woidd pass into America, and that vast colo- nies had been transplanted out of Europe into these parts on purpose to make way for the cliange. The idea that these colonies were looking to the estab- lishment of a republic, that they designed indepen- dence, and would become independent, was discussed in the Cabinets of Charles the Second and of James, and in the Parliament of Queen Anne. It was a constant allegation of the royal governors through- out the colonial age that they were devising plans for dissolving their allegiance to the crown. During this period the rising glory of America was the theme of many an Amei-ican pen. It was common to pi-e- dict that hei'e would be a great nation. I can think of no prediction so distinct as that of Nathaniel Ames, the father of Fisher Ames. His little almanac of 1758, full of information in regard to the condition of the country, burns and glows with the thought of 10 ORATION". the rising glory of America, "As," he says, "the celestial light of the Gospel was directed here by the finger of God, it will doubtless finally drive the long, long night of heathenish darkness from America. So arts and sciences will change the face of nature in their tour from hence to the western ocean." Hav- ing dwelt on the prospect of progress, he says, " O ye unborn inhabitants of America ! should this page es- cape the destined conflagration at the year's end, and these alphabetical letters remain legible; when your eyes behold the sun after he has rolled the season round for two or three centuries more, you will know that in Anno Domini 1758 we dreamed of your times." This was printed on the eve of the aggressions on the rights of the colonists, by successive British ad- ministrations. They elicited a continuous strain of animating prophecy concerning America. It was computed, in 1765, that in seventy-five years the pop- ulation would number sixteen millions ; that in one hundred years it would increase to thirty-two mil- lions; and it was said that America would be the gi'eatest empire the world had ever seen. It ivas averred, in 1773, that, if the ministry persisted in its policy, it would not be fifteen years before the Amer- icans would form an independent nation; and all were enjoined to pre})are to act as joint members of the grand American Commonwealth. In this way a sen- JULY 4, 18 74. 11 tiinent of nationality mingled instinctively in the utterances with the idea of independence; or the thought that the colonies wonld not only throw oil' tlieii" allegiance to the crown, but would become a l)olitical unit, — a nation. This sentiment was min- istered to by the nature ol' the country : — a vast, con- nected, and fertile land; the absence of impassable barriei's l)eiween the sections; a cfnnate uniting the productions of the torrid and the temperate zones; majestic rivers inviting inland comnumication; an im- perial line of coast, stimulating maritime enterprise. It seemed, to the thoughtfid, that the Almighty had ft)rmed it foi" the abode of a people that should stand pre-t'minent in the world. Their ideal of what should constitute a country was not simply hills and valleys, land and water, but spii'itual things as well; and as tliey nuised on the establishment, in this land, of Ainei-ican liberty on the basis of American law, — on the Christian idea of man that was shaping their civil and i-eligious institutions, — they reached the faith that pi'ogi-ess was about to receive a fi'esh impulse, ^' as if the New WorKl was to surpass the Old, and the gloiy of the human nature was to receive its highest perfection near the setting sun." J?ut there is an unfair way of presenting even truths, as when all the facts are gathered on one side of a subject, and those on the other side are ignored. The critical have a right to ask the salient 12 ORATION. question, Is there not to ])e found as mnch argnment in favor of forming the thirteen colonies, each entirely indepejiclent of each other, into so many nations, as there is in favor of establishing one American Ke- pnhlic? The conviction in relation to the power which might be jnstly exercised by the several col- onies was remarkable. There was in the public mind an ideal of a line of limitation, in relation to local rights, which they never allowed the imperial power to invade without a j^i'otest. From the earliest jjeriod of the colonies, down to the contro- versy on the Stamp Act, there was not a single assembly which had not been called upon, at one time or anothei', to defend their free exercise of political rights against the aggressions of the pre- rogative. In each instance the same manliness in standing in defence of this ideal line was ever seen. There was a oneness of political ideas in all the colonies on this point. The positions thus main- tained with resj^ect to local rights induced the royal- ists to charge upon their opponents, that, logically, they would make each town, or each county, oi* each colony, an independent nation. The whigs would indignantly repudiate this, and would aver that they clauned no rights which were inconsistent with any obligation which the individual, the municipality, or the colony owed to the crown or the common coun- try. ^J'hey revered the British Constitution, because JULY 4, 18 74. Id they viewed it as a ])roteetor of their civil and religious institutions. Especially did thev look upon their municipalities and their general assemblies as tlu' fields in wliicli the in(li\i(hial was trained in the duties of self-government. l>ut T have not met, in all the tiles of newspapers which I liave examined, l)i'ior to 177(), a single essay, Avritten by a whig, lu'ging the establishment of thirteen nations. Thus there is found, in the political thought of that era. tlu' idea of a nation. Tt was not merely s])cculati()n by the scholar in his closet. It was a distinct aim urged in the press. It Avas the talk in the marts of trade, in the workshop, in the fields. The thouuht was grander than (irreece ever attained. ^' 1' hat the Greeks could be united into one political conununity, never came into the mind of any Greek statesman, or (ireek philosopher. The independence of each city Avas the one cardinal principle from wliicli all Greek political life started. The city was the Greek idea of a nation.-' In America it was not merely ))ublic o|)iuion, l)ut it was a conviction that the civilization which had been planted here (U'lnandcd for its I'uture development the protective power of a cDUunon coinitry. The Declaration of Independence was the joint act of a people acting on such ideas. It was matured, announced, and' i-atifu'd. under cii'cumstauces that Americans on this day cannot tire oi" remembei-iug. 14 ORATION. The war had continued, with various success, from the houi- of the I'attle of the musketry on the glori- ous morning of the nineteenth of April, 1775. Dur- ing the summer succeeding perils were multiplying on every side. The Indians in the settlements on the frontiers were indulging their merciless play of scalping; Carlton Avas di"iving the continental array out of Canada; the Howes, at the head of a power- ful land and naval force, were threatening New England and moving on 'New Yoi"k; Parker's fleet was approaching Chai-leston; the loyalists were arming, enrolling and rising in Delaware, ISTew Jersey and New York. "Armies," it was said in the press, " composed of Hessians, Hanoverians, regulars, and Indians, were plundering and murdering, while the king was amusing a distressed people with the sound of commissionei's crying, ^ Peace, peace,' when there is no peace! " " Anxiety and apprehension," a con- temporary says, ■■ invaded every breast. Every public assembly, every religious congregation, every scene of social intercourse or domestic privacy and retirement, was a scene of deliberation on the public calamity and impending danger." There was mourn- ing in many a home on account of the fall of the " beauty of Israel on the high places." What though the land was poor, and the future all unknown? The people felt that the time which the prophets had predicted had come. There was a sentiment of JULY +, 18 74. 15 iKitioiinlity. Tliei'e was a fresh emotion of love of eoun1i-y, and that country .Vnierica. It was inspn-a- tion; it was ])()wer. I'heir words were: "May America rise triuni[)liant, Ijlossoin as the rose, and swell wiih increasing splendor, like the growing* beauties of the spiing, bearing in her right hand the great charter of salvation, the Gospel of the heavenly Jesus, and in the left, the unfolding volumes of Peace, Liberty, and Truth." They wei'e confident that their cause would raise u[) defenders; and though the cloud of wai* made their horizon as the night, yet a living faith in the providence of God looked up in trust, and in the darkened sky saw golden hues tliat gave the promise of the morning. Every newspaj)er of this period that 1 have seen contains the following lines: — '* From NoKTii thoii<:li storniv wiiid^ may IjIow, T(i l)last fair Froedoni, fragrant Ihnver, And ni'go llio seas to overllow The l)anks, that shield it from tlieir power; Yet, phmted Iiere In" (iod's own hand, Be not, dear fngitive, dismayed ; Tin:; winds sliall ci'ase at Ilis command, 'riic sea's ])routl wa\ cs shall soon be stayed." Tn thi.'^ devoted spirit there was great political action. I'he whole laud was alive with meetings, called to take into consideration the subject of inde- pendence. The people met in the towns, as in 16 ORATION. IVIassachnsetts; in the counties, as in Virginia; or they sent delegates to act for them in conventions, or in general assemblies; and resolutions wei'e adopted to stand by Congress, in case Congress made a Declaration of Independence. Such was the action of Roxbury, Dorchester, Charlestovvn, and Boston. The noble town which the British ai'my had just left put forth a plea for independence, that is a fit crowning of their revolutionary action. It might have been read by every member of Con- gress during the first debate on independence, for it was printed in the Phihxdelphia papers of that date. After such action, the Congress, sitting in Inde- pendence Hall, matured the Declaration. This was piinted at once in the newspapers. The press pronounced it the greatest event that ever happened to the Amei'ican colonies. It pre- dicted that it would be celebrated through a long succession of futnre ages by anniversary commemo- rations, and be considered a grand era in the history of the American States. The people of the Old Thir- teen colonies, in every form of rejoicing, received the Declai-ation with exultation. There were sponta- neous meetings in hundreds of villages, towns, cities and counties. Communities rested from their daily toil as on gala days. There were jjrocessions; the Declaration was read amidst the acclamations of the people, mingled with roll of drams and the roar of JULY 4, 18 74. 17 ai'tilleiy. Then followed feasts and toasts. In the evening- there were bonfires on the hills and illnmina- tions in the towns. Snch Avere the scenes along the line of the colonies from ^ew Hampshire to Georgia. There was also official action by the assemblies as they convened. They gave pledges to stand by the Declai'ation. The Assemblj'' of Massachusetts ex- pressed their entire satisfaction with it, and with the general approbation it elicited. They pledged their fortunes, lives and sacred honor to support it. The ratification was hearty and unanimous. The Declaration was oi'dered to be published in form in every locality, — by the selectmen of the towns, or by the sheriffs in the counties, or by the clergy from the [)ulpit. Such was the spectacle which the people of the United States presented, of joy and of sorrow, of suffering and of heroism, as they entered into the solemn covenant of country. It requires imagination to give actions past a life-like image as though they were present. How vividly has the poet embodied in immortal song the feelings of that generation as they launched the ship United States! — "Sail on, O Ship of State ! Sail on, O Union, stron<^ and great! Humanity with all its fears, "With nil the hopes of future yeai's, Is liang-iny Itreatliless on thy fate! 3 IS 0T.ATT01C. TTe tno"^ "^ TThfli anxiis rang, "vrhat hammeTf: heaz. Ir. "what a ioTse aiiu "wliaT a hen" TTeTe shaped thv anchor? Pear DOT each sudden soxuj i^. — "Ti? Oi The wave aaid dot the Toek : "Ti~ liBT the flappiiur of th- - And DOT ii reDT Diade by th^ ^.... 111 spiTe ofToet aDd teDipesf? roar. Ii:i spite of fe/lse li^hri; od the shoTe. Sail on. dot fear to breasT tht- *e:i ! Om- iearts. otd- hopes, are all "uith thee. — cmr Jiearts. oxn* hope?, oxn- prayers , oxn- tear.-. Out faith TriTanpnani o'er otd" fears. Are all 'with thee. — are all "tvitb thee ' " It k simple justice to the illustrion? builders of this say. that they did not launch her until they had dcTised means ic meei tiie storms she Tnight be destined tC' encounter. The band who had enti'usied in her then- all of liie and fortune had covenanted -with each other to make her safety tl:ieh paramount obiect. They had provided a Council to "ruide her, and tiiex had pled^red themselves to abide by its decree^. They had chosen as theii' commander ^jlSHEsgto:^. — the dear and venerated name, vrhich the AzQeriean motiier will never cease to pronounce tci he: diiiareri Trith -t^^ry lender expression of love and of .gratitude — vrhose star ivill forever be a light and guide to the sons of liberty over the civilized JULT ^ ' 19 world. Thev had fixed at her mast-head The Union Flag-. Having done all that their wisdom conld su<2r£2re?3t, thev had invoked Almiofhty Grod to smile upon their etfoits, and ;^nide her into a haven of safety. This Council was the Continental Congress. It met in ITTi. The present year is the centenary of meniornble political action. I do not purpose to re- view the proceedings of that remarkable body, but only to emphasize some of the things that make that year an epoch in our history. The method adopted, by the popular party, to obtain a repeal of the Th in the "Gazette" the names of \ iolators of the Association, to the end that they might be '' universally condemned as the ene- mies of ^Vnu'rican lil)erty." The Committees of Cor- respondence were charged to inspect the entries at the custom-houses. Thus the Association was virtu- ally law ])earing gn the individual; and a ])enalty was attixed to all \iolations of it. The close of the labors of this Congress was thus announced in the journals: "J^ast week, the grand Continental Congress ended, they having, in a man- ner highly honorable to themselves and their constit- uents, and serviceable to their country, finished the important business on which they were appointed and met — to deliberate and determine lor a great and increasing nation. The world has hardly ever seen any assembly that had matters of greater conse- 26 ORATION. qiieiice before them; that were chosen in a more hon- orable manner, were better qualified for the high trust reposed in them, executed it in a more fciithful, judicious-, and eflPectual manner, or were more free and unanimous in their conclusions than this." There remains the crowning action. This Asso- ciation was ratified or adopted by every colony but Georgia and l^ew York, and in these colonies by some of the parishes and towns. The Connecticut Assembly approved of the Association, and directed the towns to comply with the recommendatious of -the Congress. In Virginia the freeholders met in their several counties and voted that the Association should be their sole rule of conduct, and pledged themselves, " by the sacred ties of honor, virtue, and love of country," to observe it. Some of the towns of jS^cw Jersey instructed their committees "to fol- low the direction of the Association as much as if it were a law of the province." The action was similar in all the colonies. It was to the point, as expressed in the resolves of one of the counties, that the Asso- ciation ought to be considered as the rule of their conduct ill all matters respecting their political en- gagements. This adoption of the Association virtu- ally installed a new and independent authority, — a government through congresses and comniittees. In these proceedings the spirit exhil^ited in the munici- palities was the same, Avhether they had grown up .1 U L Y 4 , 1 8 7 4 . 27 iiiulor chnrtci', propriclnrv or I'oval forms of g'overn- mciil, and wlicllu'r tlic individual or (k'noniinational sYnipalliics wci-e CongTegational, Presbyterian, Epis- c'oj);ilian, or (^)nak('r. fudcrlying all were Christian hrot licrhood, synipalliy in limdaniental politieal ideas, and cnthusiasin for tlie rights ol" lunnan nature. The Association has been termed ^' A compact formed foi- tlu' preservation of .Vmerican rights;" "A league of the continent, which first expressed the sov- ereign Avill of a free nation in America," and '^ The coijmiencement of the American Union." It was sul)st;intially tin' hrst enactment of a general hnv b}^ tlie Amei'ican i)e()[)le. It w\as termed "The Associa- ti(ni of the Tnited Colonies." To Congress w^as then delegated the ])ower to deal w^ith Great Britain, so far as the matters of i)eace and war wei'e concerned. This power may l)e said to have been renewed, rather than to have been ivvoked. The British administra- tion, on several occasions, attempted to deal with the colonics separately by a|)pealing to the assemblies; but, IVom this time down to the peace, in every case the ad\anccs were indignantly repelled. .Ml ]»roposi- tions relating to national a Hairs were referred to the Continental Congress. This year, therefore, is the centenary of the em- bodiment of mighty forces in our political system. The sentiment of union rose paramount over all provincialisms and antagonisms. It w^as made a 28 ORATION. reality. It Avas as much a fact as the connected land. Its behests were obeyed as though they were the law. On the flag of that day was the motto " Union and Liberty." It denoted forces working together. The feeling was union and liberty now and forever. That generation realized that there could be no union without libei'ty, and no genuine libei'ty without the power there is in union to protect it. Tliere was also the dawn of our nationality. It appears everywhere in the political utterances. It imbues the great proceedings that united all hearts in the ties of a common fraternity. It is seen in the pledges of fidelity to fundamental political ideas. It culminated in the great determination to suppoit the people of Massachusetts in resisting by force the overthi'ow of her liberties. The hour for the use of natioiial power had come, and it found an American manhood prepared to meet the highest duties of the citizen. During a period often months there was a continu- ous stream of donations flowing into Boston for the relief of its poor. The spirit that dictated this action is seen in the letters that accomj^anied the gifts. They remained in manuscript more than three-quarters of a century. They show how deep the conviction of that generation was that American liberty should have the protection of American law. This record is as a window admitting a view of their inner life; reveal- JULY4,1874. 29 mg tlieir Ihougbt, tlieir hope, their faith, their pas- sion, tlieir love; showing- how they felt as country- men, and what they regarded as their countiy. Nothing could be more generous than the expression of admiration, or more tender than the offerings of sympathy, or more free from calculation than the en- thusiasm for principle, oi" more solemn than the pledge of fortune or life, or more reverent than the trust in Providence. The noble record portra3'S the brotherhood that constituted the real union of the colonies. It admits posterity into the heart of the Revolution. It is a Christian prologue gi-andly spoken on the entrance of the United Colonies into the iamily of nations. This constitutes the rarity of the spectacle. The love and tenderness and sym- pathy were as conspicuous as the political action was sublime. This was the Union, this was our countr}^, as it came from the hand of God. Let all who would know our history pause long on lliis great year. Dr. Kamsay felt the luxury of the hour, and has desci'ibed it simply and beautifully. He says that " A noble spirit sj)read li'om breast to breast, and IVom colony to colony, beyond the power of liuinan calculation. The time having come lor tlie people to pass Irom the control of the mother country, 4he Governor of the Universe, b}- a secret intiuence on thcii' minds, disposed them to union." The same intiuence im[)elled them all to march on 30 ORATION. one way, and to give to this Union the strength of law. In the stern resolves of the people before the Congress met, in the Association it matured, and in the ratification of it by the people, ideas and prin- cij^les wei-e marshalled into political order. It was made certain that the construction of a new founda- tion for Liberty and Law would go side b}^ side with the dissolution of old ties. Anai-chy Avas rendered im- possible. It is not easy to overrate the importance of this result. It is safe to say that it influenced the whole future course of American history. The Congress shrunk from the question of Sover- eignty. The hour to deal with this profound question had not come, and this body stood in the attitude of loyal subjects petitioning the crown for a redress of grievances. Six months of war passed, when the king by proc- clamation declared the parties in arms to be in rebel- lion. This forced on the popular leaders the question of Sovereignty. It was held to reside in king, lords, and commons. To question this, was the unpardon- able offence. The definition of sovereignty by the jurists of the Old World was colored by customs, ideas, and prejudices which time had rendered ven- erable. It "had sometimes been viewed as a star, which eluded our investigation by its immeasurable height; sometimes it had been considered as a sun, that could not be distinctly seen by reason of its in- JULY 4. 1874. 31 siifFerable s^ilendor." It wns regarded as something more than human, and hekl in mysterions and pro- found awe. As sueh, it had been the dispenser of pohtieal rights, and espeeially when a nation, liow- ever diversified as to race, was regarded as one com- munity, and Mas ruled from a single central point. It was the tory theorj^, that the colonies, as bodies politic, hekl their })rivileges as a special grace from the sovereign. This view was substantially questioned in the discussions during the period from 1764 to 177G, and the "happy eftects " of independence can- not be accounted for without taking into account these discussions. By them the people became familiar with the greatest ([uestions in politics. In this way the pul)lic mind reached certain convictions as to what should be made fundamentals in an Amer- ican system. Then there was the training, in the munici[)ality ami in the general assembly, of the exer- cise of self-government. In this way, the people be- came qunlified for the practical solution of the problem of Sovei-eignty. When they were obliged to grapple with it, — "to trace the dread and redoubtable Sov- ereign to his ultimate and genuine source, — he was found, as he ought to have been found, in the Free and Independent Man." Sovereignty is in the peo- ])le. In them are "those inherent 230wers of society, which no climate, no time, no constitution, no con- tract, can ever destroy or diminish." In them, as the 32 ORATION. supreme power, resides tlie right of command, or the right to institute organic law, — to establish public authority, and to compel obedience to it. On this foundation rose the Amei-ican superstructure of gov— ernment. The architects of this superstructure, however, did not feel themselves called upon to cut loose from the past, or to deal with man according to any untried theory of natural riglits; but, regarding him as a po- litical being, they dealt with him as he stood related, by the cumulative law of ages, to the institutions of family and society, and as related to the common- wealth by a polity which he had moulded. They re- garded him as thus entitled to a great inheritance of order, but subject to correlative obligations of duty. Hence, instead of yielding to the demands of amiable enthusiasts, or of confident theorists, or of merciless iconoclasts, and trying to cast society into a new mould, on the flattering Init deceitful promise that in the process every wrong should disappear, they dealt with man on the basis of existing fticts. They con- centrated their eftorts to preserve what had been gained, in the foith that time would bring whatever was wrong in existing law nearer to that justice wdiich is " the only true sovereign and supreme majesty on earth." Thus, throughout their work, the founders of the rejniblic recognized the fact that the people had not JULY 4, 18 74. 33 been ruled fi-om a single central point, but were di- vided into communities, or bodies politic, each of wliicli had exercised a share of political power. Each connnunity occupied a territory of definite boundaries; cacli had a regular g-overnnient and a distinct code of laws; each was a unit. In changing the base of the sovereignty, or in effecting a revolution, they used, in each, so far as it was practicable,, existing forms of law. Hence the political action which l)rought about this change was determined by those qualified under the law to vote in elections. They were summoned to act on test questions through the regular forms of proceeding in the municipalities, and transmitted their views b}^ representation to the larger l^odies, expressing the voice of the unit, called the Colony or State. The will of the majorit}'^, collected and de- clared in this manner, was held to be binding as the law, whether it related to the domestic concerns of the Colony or State, or to the general welfare of the Colonies or States in union, or the N^ation. This fideht}' to a vital principle in I'cpublics — submission to the regularly collected will of the majority — may l)e traced through all the confusion and turmoil un- avoidable in the transition from the old to the new, during which inlluence had necessarily to supply the ])la(e of established i)ublic authorit3\ The period of transition was l)rief in the case of the local govern- ments, whick, in each connnunity, were developments 34: ORATION. gradually adjusted to their circumstances and wants; but to adjust the powers of a general government adequate to the needs of a nation couiposed of inde- pendent States, required the experience and delibera- tions of several years. The basis of both govern- ments was the same, — the people. The qualified voters, it was assumed, expressed the will of the whole people. This will was embodied iu written con- stitutions, or organic laws. These were acts by which the Sovereignty prescribed the spheres and degrees of the power which officei's chosen periodically should exercise in the unit of the State, or of the States in union, or United States, — in other words, the rules that should govern the conduct of the executive, legislative, and judicial agencies in the functions of government. The formative process was termed taking up, ordaining, instituting, government. In doing this, the qualified voters were, practically, the sovereigns. The resvdt Avhich they reached — a i-e- publican govei*nment — was a solution, practically, of the profonnd question of Sovereignty; and the infant nation was saved from being offered up by enthusiasts as a sacrifice on the unsettled shrine of political ideas. In this w^ay the founders of the republic wrought out the American system of government. In their creative acts, the people simply exercised the sover- eign power. They limited their own aetion, as well JULY 4, 1874. , 35 as the action of their agXMits, State and ]^»rational, in the discharge of pohtical duties. The constitutions Avere bj no menus finalities. They were not ends, but means devised to promote the ])ul)lic good and to i)resei-ve the public life. They were " a govern- ment of the peoj)le, by the people, and for the peo- jde." They are sacred obligations upon all, but they are valuable only as they contribute to this object. When thc}^ no longer eml)ody the results of progress, the j^ower that made them has the power of altering- them; for the sovereignty remains intact, and has the right to exercise its power whenever societ}^ demands it. This Kepublican Government is the original politi- cal contribution of the American Kevolution to maiikind. Of all who have written on this system, perhaps no one has been better qualified to pronounce a judgment upon it than the late Lord Brougham. In his work reviewing the governments of the* world, he dwells long on that of the United States. He examines the method devised of keeping the action of the local and national legislatures within the spheres of power allotted to them, — the authority vested in the courts of the States and of the nation, to declare void acts violative of the organic law; and pronounces the means devised "the very greatest i-elinement of social polity to which any state of 36 okatio:n^. circumstances has given rise, or to which any age has given birth/' The criticism on the founders of the republic has been most severe, because, in setting up a general government, they did not interfere with the domestic policy of the several States to such an extent as to abolish and prohibit slavery. How different is the judgment of that noble friend of our conntry, John Bright! His words are: " Colonial weakness, when face to face with British strength, made it impossible to put an end to slaver}^, or establish a republic fi'ee from slavery. To meet England, it was necessaiy to be united; and to be united, it was necessary to tolerate slavery. The American people dreaded the destruction of their country even more than they hated the evil of slavery." Fortunately the founders of the republic did not attempt an impossibility and fail. JSTow that party heat on this question is gone, let justice be done to these founders. They did as well as they could. They did not admit the word slave into the Constitution. They left the responsi- bility for the continuance of slavery entirely with the States. One State after another, after the Constitu- tion was ordained and established, abolished slavery; and had every State followed their example, there would have been no obligation left in the Constitu- tion in relation to it. But how diffei'ent it is with the permanent things in our system, — with trial by JULY 4, 1S74. 37 jury, the haheas corims, freedom in I'eligion, freedom of the press, and the rich chister of sister Rberties! These know neither race, nor color, nor time, nor frontiers; all these are provided for. Indeed, all are comprehended in the great guaranty securing to the people of each State a republican form of govern- ment. They were the living forces that prepared the Amei'icans ibr their great Avork. They are the things that have grown with our growth, and strengthened with our strength. They moukled the glorious Old Thirteen. They moulded the great States that grew up, entered into the inheritance of the fathei's, and adorn our land. They are the living forces to-day. They will continue to mould future commonwealths. All honor to the founders of the republic for casting over them the mighty shield of this siy)reme law. In doing this they did all they could to transmit these priceless blessings to pos- terity. It was for these great things that the battles of the devolution were fought, and to secure them that the Kcpublican Government was instituted. The de- cision in the late awful a])[)eal, in the only tribunal having full jurisdiction between nations and I'rag- ments of nations, gives full significance to the [)re- amble under which this government acts. It reads: — " We, the people of the United States, in order to 38 ORATION. form a more perfect union, establish justice, ensure domestic ti-anquillity, provide for the common defence, promote the general welfai'e, and secure the Blessings of Liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of Amei'ica." Amendments to the Constitution prohibiting slavery are by the side of the prohibition of any title of ' nobility. There is now all over this land fealty to the common bond. The seats of our national halls, that were vacant for years which seemed ages, are now filled. Thus all* constitutional duties are performed. The expressions of fidelity to the old flag have been such as to warrant the remark, that, should there be war between this country and a for- eign nation, none would be more prompt to maintain our cause than those who fought in the Confedei'ate rauAS. That there is not real jDeace between all the sections, or even fraternity, is not owing to the sol- diers who fought ISTorth or South. They wished the war to end when the war was over. If the spirit which they have manifested had been the spirit of the whole country, we all shoukl be now not merely countrymen, but friends. There is a fresh illustra- tion of this fact. We had hardly ceased to admire the generous and lofty strain of eulogy on the la- mented Charles Sumner, by the gifted General Lamar, of Mississippi, when ho but yesterday thrilled JULY 4, 187 4. 39 the national halls and the country with the words, "The doeli'ine of secession, the right of withdrawing from the Union, is extinct. The institution of sla- very, with all its incidents, is dead, extinguished, and sunk in that sea which never gives up its dead. The enlightened people of the South would not, if they conld, identify (he interests of the country with an institution which stood utterly antagonistic to all the elements and living forces in modern civilization. They regard the three last amendments of the Con- stitution as inviolable and sacred as the articles that were written b}^ theii- fathers." Among all the wonderful things of the last hun- dred years, — the extension of knowledge, the dis- coveries in the arts and sciences, the triuuiphs of enterprise, the marvels of the telegraph, the wars, the changes in the fate of kingdoms, — there is nothing more wonderful than the preservation of this Republican Government. It is a triumph for the whole of our country. This govermnent stands to-day stronger than ever. The party is not larger than an onmibus could hold who would go back to a monarchy or an order of nobility, or who would ex- change this government for any other that the sun shines upon. It is the strongest government upon the face of the eai'th, because, at the call of the law, millions stand ready to (ly to the standai'd of the law, 40 OKATION. and to meet invasions of public order as their per- sonal concern. And never, if we may credit European thinkers, was the moral influence of the republic on the nations so great as it is to-day. One says, " Next to the Christian religion, the American government and Constitution is the most precious possession which the world holds, or Avhich the future can inherit." Another writes, " Republican government, with all its noble associations and inherited advantages, is, as I believe, the last word in human political institutions. Without any need for impatience, Europe is moving towards it." Testimonials like these speak powerfully to this people of their responsibility and their duties. They have the noblest inheritance ever bequeathed to a generation; it is their dnty to adorn it and transmit it to posterity. In what way can they better do this than Ijy giving full effect to the great ideas of the Revolution? When in all is seen fidelity to the common bond, it is a high duty to cultivate harmony in the nation. In the colonial age there were fierce feuds on account of boundary lines. Wars between some of the colonies were so bitter that the peril of the revolutionary hour did not bring peace. And when a long-existing con- troversy was settled under the Confederation, a dis- tinguished statesman predicted that " the day will JULY 4, 18 74. 41 eoine when all disputes in the great Kepublic of Eu- rope will Ije tried in the same way, and Ameriea be (j noted to exempli (y the wisdom of the measure." The House of Kepresentatives have just adopted a resolution in favor of international arl)itration, de- elai'ing" that "the people of the United States are devoted to the poliey of peace." Peace is the normal condition of this republic; and the duty of promoting l^eace on earth is the high injunctioji of Christianity. The gi'eat result of the (xcneva arbitration is ac- knowledged universally as one of the trium])lis of the age. AV^ith Avhat force do all the considerations in favor of peace, as l)etween our country and Ibreign nations, ap[)ly to the promotion of peace in this union of free commonwealths I There are few who do not admit that in the recent past, while working for the ])reser- vation of the national government, the s])here of the local rights of the States has been encroached upon, and that now there is a tendency to a centralization ol' power. ]^o one can desire to see the civic privi- leges that this Commonwealth enjoys abridged, or a just right al)rogated. .Ml will cheerfully accord to othei- Slates the same I'ights that are enjoyed here. Our countr}^ needs first the correction of enormous wrongs. It needs a recognition of the idea that intelligence should guide the destinies of great com- monwealths. ^J'hey have a community in each other's 42 ORATION. interests. The Union between them onglit to l)e " a partnership in all science, a partnership in art, a part- nership in every virtue and in all perfection; a part- nership not only in those who are living, l)nt l)etween those who are dead." It is manifestly in the order of Providence that the people in this Union are to live in the relation of countrymen; it should he the desire and aim of all to live in the rekition of friends. AYelcome in behalf of the Union everything just, that promises to restore the old fraternity ! "Welcome the words of President Grant, "Let us have peace!" Welcome the Executive Proclamation of General Amnesty! Welcome the Proclamation commending to the people, in the interests of peace and civiliza- tion, the international exposition at Philadelphia on the centenary of the birth of the nation! Fitting is it that Philadelphia should be designated as the place for such an exhibition. Here is Carpen- ter's Hall, having in it the generous inscription, "Within these walls Henry, Hancock, and Adams insjDired the delegates of the colonies with nerve and sinew for tlie toils of war, resulting in national inde- pendence." Here is Independence Hall, rich in me- morials of the illustrious men who matnred the Declaration. All over the city are grateful memo- rials of the Englishman, Penn, the benign influence of whose religion made it the " City of Brotherly Love," and of Franklin, the great Bostonian. Here JULY i, 1874. 43 tliG representatives of every community, from the Atlantic to the Pacific, may fitly assemble around the old altar, and express allegiance to one country as the common mother of all. It Avould be well if there is also a celebration of the great centenar}^ by the political units in our sys- tem, — the towns, cities, counties, and States. The presentation of the feelings and principles of the Revolution, the htippy etfects that will forever flow from their triumph and the responsibilities of the hour, would be the natural theme. Such celebra- tions coidd not fail to imbue ingenuous youth with the desire to know our noble history. It would bring- before them the venerable forms of the founders of the republic, and tend to rouse the spirit of Seven- teen Hundred and Seventy-Four. This would be reconciliation, peace, reconstruction, civilization. In the Meg Merrilies of the stage, the crone sud- denly confronts the travellers. One trembles and shrinks out of fear; the young laird stares in aston- ishment, if not in dread. The crone bends forward and repeats the strain which she sung to the heir in his childhood. There was poAver in those words. The}' revived old memories. The heart of the lau*d was touched, and he vielded liimself np to the spell. The great centenary will revive memories of the days when the people of thirteen colonies, under the lead of great ideas, marched one way. Union 44 OEATIOX. was ever before tliem as their cloud by day, and theii- pillar of fii'e by nigbt. "Wliat a galaxy of sages and heroes bore this banner on I There were Gads- den, and the Pinctneys, of Sonth Carolina; the Adamses, and Hawley, and Hancock, and Warren, of Massachusetts; the noble band in Pennsylvania, with Franklin at their head; Patrick Henry, and Jefferson, and Wythe, the Lees, and Madison, and Washington, of Virginia, and a host of others. They all spoke and acted as Americans. They were for one country, one Constitution, and one flag. Their ideas and aims were comprehensive enough for this day, for future days, for all time. They prompt- ed '"thoughts that breathe and words that burn." There is power in them. Let these memories touch the heart, as they did in the infancy of the nation, and ihej cannot fail to do something to revive the old fi'aternity. Should this be the result of the celebration of the great centenary, it will be worth all it may cost. Wonderful as it will be to see what a hundred years have done in the line of mateiial prosperity, this will pale before a revival of the springs of the national life fi'om the fountain-head. This would be a recon- struction on the rightbasis. This would be the best guaranty of the perpetuity of the republic, and that this great government will continue to shield the priceless blessings of Liberty and Law along the line of the generations. APPENDIX tijk actiox of uostox. ciiaulkstowx, dor- ciip:stek and koxbuky on the question of ixdepexdexce. In ^Lissachiisetts, l)oth In-iuiches of the Legislature, on the Ist of May, 177(5, aiiTcetl to an Act providing- that all civil processes, instead of being issued in the name of the king, and Ijcariiig llu^ date of a reign, should l)e issned in Ihe name of the government and people of .Massachnsetts, and bear the date of the year of the Christian era; the act to continue in force until a reconnnendalion of '' Congress or act of a gen- eral .\nierican Legislatnre, or the local legislature, should otherwise prescril)e.*' On the 10th of ^Nlay tlu^ lower branch adopted the follow- ing resolve : — In tue House of KEruESENTATivES, JNIay 10, 177G. BcsoIvchI, as the opinion of this House, tliut the inhiibitants of each town iu this Colony ought, in full meeting warned for that purpose, to advise the person or persons who shall be chosen to represent them in the next (Jeneral Court, whether that, if the honorable Congress should, for the safety of said colonies, declare them independent of the kingdom of Great Britain, they, the said inhabitants, will solemnly engage, with their lives and fortunes, to su[)p()rt them in the measnre. Attest, AVii.T.i.oi Stouv, ClerJi pro tern. The following proceedings constituted the response to this Aote by the toAvns now Boston : — BOSTOX. Boston, ss : To tue Constai'.i.e or tue Town or r>osT(»x Each AND KvEUV or TnE:\[ — (Jkeeting : — Tu the n:ime of tiietJovi'mment and People of the Massnchusetts Bay, you are re([nireil forthwith to warn all the Freeholders and other Inhabitants of the Town of Boston (within your respective 48 APPE^^DIX. Precincts) that have an estate of forty shillings p annum in Free- hold in Land within this Province or Territory at the least, or other Estate to the value of Fift}- Pound, Sterling, to Convene at Dr. Chauncy's Meeting House on Thursday the 23*^ Da}- of Maj' Instant at 10 O'Clock Fore Xoon, then and there to Elect & De- pute one or more Persons (being Freeholders & Resident in the Town) according to the number set and limitted by an Act of the General Assemby to serve for and Represent them in the Great & General Court or Assembly- appointed to be convened, held and kept for the Government's Service at the Meeting House in Watertown, upon T\"ednesday the 29''' Day of Ma}' instant, and so De Die in Diem during their Session or Sessions, according to a Precept under the Hand and Seal of William Greenleaff, Esq. Sheriff of the Count}' of Suffolk bearing date the 29"' Day of April in the year of our Lord Oue thousand Seven hundred and seventy six. You are alike required to Warn all the Freeholders and other Inhabitants of said Town qualified as the law directs to meet at the same time and place : To consider whether the}' will iu conformity to a Resolve of the late Hon'''*' House of Rep- resentatives, for this Colony, advise our Representatives, •• That if the Hon**'^ Continental Congress should for the safety of the Colonies, declare them Independant of the Kingdom of Great Britain, they the said Inhabitants will solemnly engage with their Lives and Fortunes to support them in the measure " — as also what farther Instructions may be necessary for the Representa- tives that may be chosen, — Whether any measures shall be taken for the borrowing a Sum of Money to answer the present necessities of the Town : To choose such officers as may be want- ing, and to act upon all those matters and things that stand re- ferred ov^- to said Meeting. Hereof fail not and make return of this Warrant with your doings therein unto myself one Day at least before the said time of Meeting : — Dated at Boston the 20"' Day of May, Anno que Domini 1776. By order of the Selectmen, William Cooper, Town Clerk. APPENDIX. 49 BosTOx, May 22d 1776. Pursuant to the within AV^arrant wo the Constables of the Town of Boston have notilicd the Freeholders and other Inhabitants within our respective Avards, to meet at the Time and Place men- tioned in said Warrant for the purposes therein expressed. John Wells Wards 1, ) George Thomas 3, ) 4. 5 Samuel Gueenleaf G, ) 10, i 11. ) John Fote 7, John Bennett 1} At a Mooting of the Froeholdors & other Inhabitants of the Town of Boston, duel}- qualified & legally warned, in public Town Meeting assembled, at The Old Brick Mooting House, on Thursday, the 23'^ day of May, Anno Domini 1776. That Article in the Warrant, Viz| " To consider whether the Town will, in Conforniitv to a Resolve of the late Hon''''' House of Representatives for this Colony, advise their Representatives " That if the Hon''''-' Continental Congress should, for the Safety of the Colonies, declare thorn Independent of the Kingdom of Groat Brilain, they, the Inliabitanls, will solemnly engage, with their Lives and Fortunes to sup[)ort tliem in the Measure " — was road & dnely considered, & the C^uostion being according!}' put — Passed in the Allirnialive unanimously. That Article in the AYarrant, viz. : '• To consider what farther Instructions may be necessary for the Representatives that may be chosen " — was read — whereupon. Voted that ]Mr. William Davis, Joseph Gh-oonleaff, Esq., Perez Morton, Escp, I\Ir. Benjamin Ilitchburne, Dr. Charles Jarvis, be a Coiuittee to i)roi)are a Draught of Instructions for the Repre- sentatives chosen, and to make Report as soon as may be. 7 50 APPENDIX. MoiKla}', Ma}^ 30*. Met according to adjournment. The Comittee on Instructions reported the following Draught, viz. : — Instructions to the Representatives of the Toini of Boston : — Gentlemen, — At a time when, in all Probability, the whole United Colonies of America are upon the Verge of a glorious Eevolution, & when, consequently, the most important Questions that ever were agitated by the Representative Bod}' of this Colony, touching its internal Police, will demand your attention ; your Constituents think it necessary to instruct you, in several Matters, what Part to act, that the Path of 3'our Dut}* may be plain before you. We have seen the humble Petitions of these Colonies to the King of Great Britain repeatedly rejected with Disdain. For the Prayer of Peace he has tendered the Sword ; — for Libert}^, Chains ; — for Safet}^, Death ! He has licenced the Instruments of his hostile Oppressions to rob us of our Property, to burn our . Houses, & to spill our Blood. He has invited every barbarous Nation, whom he could hope to influence, to assist him in prosecuting these inhuman Purposes. The Prince, therefore, in support of wdiose Crown and Dignit}^, not many, many 3'ears since, we would most cheerfully have expended both Life and Fortune, we are now constrained to con- sider as the worst of Tyrants ; Loyalty to him is now Treason to our Country. We have seen his venal Parliament so basely prostituted to his Designs, that they have not hesitated to enforce his arbitrary Requisitions with the most sanguinary Laws. We have seen the People of Great Britain so lost to every sense of Virtue and Honor, as to pass over the most pathetic and earnest appeals to their Justice with an unfeeling Indifterence. The Hopes we placed on their Exertions have long since failed. In short, we are convinced that it is the fixt & settled Determi- nation of the King, Ministry, & Parliament of that Island to conquer & subjugate the Colonies, & that the People there have no Disposition to oppose them. APPENDIX. 51 A Reconciliation with them ai)i)oars to us to be as dangerous as it is absurd. A Spirit of Resentment once roused it is not easy to ap- pease. The Recollection of past Injuries will perpetually keep alive the Flame of Jealous}-, which will stimulate to new Imposi- tions on the one side, & consequent Resistance on the other; & the whole Body i)olitic will be constanth'' subject to civil Fermen- tations & Commotions. We therefore think it absolutel}- impracticable for these Colonies to be ever again subject to, or dependent upon Great Britain, with- out endangering the very Existence of the States. riaciug, however, uuliouiided Confidence in the Supreme Coun- cil of the Conr/ress, we are determined to wait, most patientl}- to wait, 'till their "Wisdom shall dictate the necessity of making a Declaration of Inilependency. Nor should we have ventured to express our Sentiments ui)on this subject, but from the Presump- tion, that the Congress would choose to feel themselves supported by the Peoide of each Colony, before they adopt a Resolution so interesting to tlie Avhole. Tlie Inhabitants of this Town therefoi-e, unanimously instruct & direct you, that, at the Approaching Session of the (ieueral Assembly, you use your endeavors, tliat the Delegates of this Colony, at the Congress, be advised, that in Case the Congress should think it necessary for the Safety of the United Colonies, to declare them independent of (Ireat Britain, the Inhal)itants of this Colony, with their Lives & the Remnant of their Fortunes, will most cheerfully support them in the ]Measure. Touching the internal Police of this Colon}', it is essentially necessary, in Order to preserve Harmony among ourselves, that the constituent Body be satislied, that they are fully & fiiirly represented. The Right to legislate is originally in every mem- ber of the Comunity ; which Right is always exercised in the in- fancy of a State ; P)Ut when the Inhabitants arc become numer- ous, 'tis not oidy inconvenient, but impracticable Jor all to meet in One Assembly ; »t hence arose the necessity & Practice of legislating by a few. freely chosen bj' the man}-. AVhen this Choice is free, it the Rei)resentation equal, 'tis the Peoples Fault if thc}^ are not hap[)y ; We therefore entreat you to devise some means to obtain an e(iHal Rejrresentalion of the People of this Colony in the Legislature. 52 APPENDIX. But care should be taken, that the Assembly be not imweild}' ; for this would be an approach to the Evil meant to be cured by Representation. The largest Bodies of men do not always dis- patch Business Ayith the greatest Expedition, nor conduct it in the wisest manner. It is essential to Liberty, that the legislative, judicial and execu- tive Powers of Government be, as nearly as possible, independ- ent of, & separate from each other ; for where the}" are united in the same person or number of pei'sons, there will be wanting that mutual Check, which is the principal Security against the enact- ing of arbitar^- Laws, and a wanton Exercise of Power in the Ex- ecution of tliem. It is also of the highest Importance that every Person in a Judiciar}' Department, emplo}' the greatest Part of his Time & attention to the Duties of his Office. We therefore far- ther instruct 3'ou, to procure the making such Law or Laws, as shall make it incompatible for the same Person to hold a Seat in the legislative & executive Departments of Government at one & the same time ; That shall render the Judges in every Judi- catory thro' the Colou}^, dependent, not on the uncertain Tenure of Caprice or Pleasure, but on an unimpeachable Deportment in the important Duties of their Station, for their continuance in Office ; and to prevent the multiplicity of Offices in the same Person that such Salaries be settled upon them, as Will place them above tlie necessity of stooping to any indirect or collateral means for Sub- sistence. We wish to avoid a Profusion of the public Monies on the one hand, & the Danger of Sacrificing our Liberties to a Spirit of Parsimony on the other. Not doubting of your Zeal & Abilities in the common Cause of our County, we leave your Discretion to })rompt such Exertions, in promoting any military Operations, as the Exigency of our pub- lic affairs ma^^ require ; And in the same Confidence in your Eervor & Attachment to the pul)lic Weal, we readil}' submit all other matters of public Moment, that may require your Consider- ation to 3'our own Wisdom & Discretion.' ^ This paper will be found very nearly word for word in the Penn- sylvania "Evening Post," of Saturday, June 8, 1776. On the 7th, Eiohard Henry Lee submitted resolutions respecting Independence. They were de- bated on tlie 8th and on the 10th, when the resolution on independence was postponed until the first day of July. APPEXDIX. 53 The rorcgoing Draught of Instructions to our lve[)rosontatives, having been read A: eonsidereil, the Question was put^ — '• Whether the same shall be accepted & given to our Kepresen- tatives, as their Instructions." Passed in the aflirniative unani- mously. CHAELESTOWX. AVAKKANT FOR TUWX .MKI:TING IX CIIAKLESTOWX, 1770. To TIIK C'oNSTAI'.LKS OF THE ToAVX OF ClIARLESTOWN OR TO EITHER OF TIIE:\r, GUEETING : In tlie Name of the Government and People of the Colonv' of the Massachusetts Bay — You are hereby requir'd forthwith to Warn tiie Inhabitants of Ciiarlestown aforesaid to assemble & meet together at the House of Mr. Jeremiah Snow, Inholder in said Town, on Tuesda}', the 28"' of this month of jNIay, at 2 o'clock, afternoon. Then & there to act upon the following articles. 1. To know the mind of the Town whither the}' will in con- formity to a Resolve of the Hon! House of Representatives at a meeting cnird for that purpose, advise our Representatives, That if the Hon! Continental Congress shou'd (for the safety of the Colonies) declare them iNDErEXDAMX of the Kingdom of Great Britain. They the said Inliabitants will solemnly Engage witli their Lives & Fortunes to Support them in the measure. 2. To choose a Committee or Committees (if they Ihiidc proi)er) to transact any matter or thing that may be judged necessary for the Benefit of the Town or advantageous to the publick. o. To hear the Report of any Connnittee that ma}' be otfered, ct to act thereon as shall be thought proper. Ilei-i'of fail not and make Return of this Warrant with your Do- ings tiiercin to the Select Men or Town Clerk of Ciiarlestown aforesaid one hour at least before the time pretix'd. Dated in said Town May IG"' 177G. B}- order of the Select Men, Setu Saveetser, Toiisn Clerk. 54: APPEXDIX. Charlestown, May 28*. 1776. By A'irtiie of the within Warrant I have Warncl as many of the Inhabitants as I coud find to appear at the Time & place & for the purposes within mention'd Isaac Munro, Constable. N. B. — The Meeting has been advertis'd in the public Prints. Town Meeting, May 28'^ 177G. Warrant Read. Capt. Nathan Adams Voted Moderator, but refusing to Serve, Mr. Nathaniel Frothingham was chosen. Voted nnanimousl}' That it is the Mind of tlie Inhabitants That our Representatives be advis'd — That if the Continental Congress should (for the safety of the Colonies) Declare them Independent on the Kingdom of Great Britain, The}" will in that case solemnly Engage with their Lives & Fortnnes to Support them in that measure. Voted unanimously, That the Town Clerk serve our Representa- tives with a Cop3^ of this Vote for their Direction. Voted Not to act at present upon the Second Article in the Warrant, g. v. Then the Moderator dissolv'd the Meeting. Setii Sweetser, Toivn Clerk. EOXBURY. May the 22? 1776. At a Meeting of the Freeholders and Inhabitants of the Town of Roxbury, Duly Warned, Doct. Jonathan, Davis : M' Aaron, Da- vis: and Mr Increase, Sumner : Avere chosen by tlie Majr part of the Electors Present, to Represent this ToAvn, In a Great and General Court to be Convened held and kept, for the Govern- ments Service, at the Meeting House In Watertown, upon Wednes- day the twenty Ninth Day of May, Instant, at Nine O'Clock in the Morning and So During their Session and Sessions. Also To Know the Minds of the Inhabitants of this Town whither they will Instruct and Advise the Persons chosen to Rep- resent them in the Great and General Court, if the Honourable Congress Should for tlie Safety of the said Colonys, Declare them Indcpendant of the Kingdom of Great Brittan, they the said In- APPENDIX. 55 hal)itants, -u-ill Solemnly Engage, with their lives and fortunes to Support them in the measures. Voted and l^as'? in the affirmative. DORCHESTEE. Alt a IMooting of tlic Freeholders & other Inhabitants of the Town of Dorchester, Qualified as the Law directs for Voting in Town affairs, May T\vent3--Third, Anno Domini, 177G, Legall}^ \\ anicd. — Voted, That if the Continental Congress should think it best to dechire an Independency with Great Uritain, we will Support them witli our Lives and Fortunes. ORATION i)Ki.i\ i;i!i;i) liKiDUi: tuk fitu Ijovfriiiiinil mill jjitizfiis oi |0$li)ii nycTJSic H:.A.i_.i_i, ,T U L Y 4. , 18 7-4 Iv I ( MT A Pv I) F M O T 11 I N (', II A M -<>o^«»:;<^ r, () s r () X : K()( KWKLL ^ ( 11 r IM II 1 LL. CITY I'RINTKHS, 1 L' 1' W \ - II I N •; T <) X S T K K K T . 1 S 7 1 . C<;^> *^- ^^f^ ^- c<- *- ' ^CC *^ < ( C.«' c .<3 CC cc