JK 1071 .1172 Copy 1 .^ THE PRACTICAL DEVELOPMENT OF DELEGATION AND REPRESENTATION United States of America. A DISSERTATION FOR THE DEGREE OF DOCTOR OF PHILOSOPHY AT THE UNIVERSITY OF LEIPZIG. HENRY B. MOLYNEAUX. JK lOTl NEW YORK: NEW YORK ECONOMICAL PRINTING COMPANY, 194 FULTON STREET. 1 8 80. fl Book 'M7Z SMUHSONIAKPEPOSIT THE PRACTICAL DEVELOPMENT OF DELEGATION AID REPRESENTATION IN THE United States of America. A DISSERTATION FOR THE DEGREE OF DOCTOR OF PHILOSOPHY AT THE UNIVERSITY OF LEIPZIG. V HENRY B. MOLYNEAUX. >\ '^ -., V NEW YORK: ^^^ NEW YORK ECONOMICAL PRINTING COMPANY, 194 FULTON STREET. 1 880. To my Brother, Wilbur L. Molyneaux, of New York, this Dissertation is affectio?i- ately dedicated by The Author. I Leipzig, in March, 1880. INTRODUCTION. First. I propose to write a sketch of the development of the idea of representative self government in the United States of North America prior to, and including, the period of the Revolution. Second. The further development and permanent embodi- ment of the same idea in the Constitution ; and. Third. Its practical operation under that instrument. It is not proposed, in giving this sketch, to give an account of each State or Colony in detail, for to do that would be to make a history of them, but only to seize upon such facts as seem to the essayist worthy of note in tracing out the growth of this not Entirely new, but rather renewed^ idea ; and when I say renewed, I use that word in a double sense — viz., reinstated and reorganized — a reinstatement of old Germanic ideas, but a complete reorganization and rehabilitation of them, in accord- ance with the novel circumstances presented in a new and undeveloped country. Here the old wine was not content to remain unaffected in old bottles ; it could not if it would. The conditions were such that the old forms and restrictions, tested and found worthy in Europe, were found wanting ; and the old as well as the new wine of the human spirit was held in check by new forms and new methods of government. I5I2-I7S4- COLONIZATION AND CHARTERS. The organization of the people of North America into colonies was undertaken under various European governments, granting special rights and privileges, under various forms, at different times, entitled charters^ patents and grants. As early as 15 12, adventurers from Spain had entered the Carolinas, but disap- peared almost as soon as they came,' and it was left to the English^ to establish the first real colony in Virginia, in 1607, having received a charter the year previous.^ It may as well be said here that the Spanish expeditions were all mere renown seeking events.* Not long after the Cavaliers had formed their settlement, at Jamestown, in Virginia (1606),^ the Puritans left Holland, and arrived on the coast of New England November loth, 1620. They had no charter, but had received a patent,^ under the King James charter,'' from one of the two companies in whose favor it had been granted.^ Before leaving Holland they had considered how they were to govern themselves in the unknown wilderness to which they were about sailing ; and when they were in sight of land,^ they drew up and signed a plan of government, which was to be their rule of action when they landed.'" In this covenant they agreed to form a " civil body politic," for the enactment of " such just and equal laws, etc.," as ^Excepting the unimportant colony of San Augustine (Sept., 1564). -The earliest of these patents was granted to one Gilbert by Queen Eliza- beth, June II, 1578; also Raleigh (1584). ^From King James I.; after Raleigh's imprisonment. 4Hildreth's Hist. U. S., vol. i., i. 5 Bancroft's Hist. U. S., vol. i., 89. niildreth's Hist. U. S., vol. i., 157. 'Hildreth's Hist. U. S., vol. i., 94. ^Bancroft's Hist. U. S., vol. i., 205. ^On board the " Mayflower ;" also Bluntschli ; Lehre vom Modernen Stat, Band i., 539. ^"Plymouth Colony Laws. 6 COLONIZATION AND CHARTERS. should be deemed necessary for "the general good." It was not long, however, before they received a charter, viz., in 1629,^ by which their affairs were to be managed by a governor, deputy governor, and eighteen assistants, who held monthly assemblies for ordinary business, and quarterly assemblies for making laws, and attending to the more important business of the colony. Once in each year there was a general election of the above mentioned and other officers, by the freemen or stockholders of the company. Two motives were prominent in this settlement of New England — the one commercial, the other religious. The Pilgrims sought in vain to get a guarantee of religious freedom, and this is perhaps what Bancroft means when he says they could not obtain a charter.^ The colony of Virginia was regulated by a permanent " Coun- cil of Virginia," resident in England, whose members were ap- pointed by the king f but in the colony there was a council of seven members, who were presided over by a president, who was of their own number.^ He was chosen annually by the colonial council, but the council in England could remove him, or any of the local councilors, at pleasure. The form of government might be said to have been /oca/ se/f, subject to the disapproval of the king or council in England. In 16x9 deputies were chosen from the various plantations, so that at this early date we have the frame of the English government transferred to America, for now they had a governor, council, and body of deputies called house of burgesses, corresponding to king, lords and commons.- Charters were now granted in succession to Maryland, 1632; Maine, 1639; Connecticut, 1662; and Rhode Island and Caro- lina in 1663.^ New York had been settled as early as 16 13® by the Dutch, and New Jersey a few years later by the same (1623).' The government of the Netherlands had given certain rights of ^Hildi-eth's Hist. U. S., vol. i., 179, 180, who says: " The company easily obtained a royal charter," etc.; while Bancroft's Hist. U. S., vol. i., 242, says : " But it was ever impossible to obtain a charter from the king." -Before the granting of their charter they had allowed all the colonists to take part in the government, but after that eveiything was regulated by the officers of the company, in England. ^Bancroft's Hist. U. S., vol. i., 92. ^Hildreth's Hist. U. S., vol. i., 95, 96. ^Kent's Commentaries, vol. ii., 2-4 ; also, American Archives, 4th series, vol. i., 65-104. «Hildreth's Hist. U. S., vol. i., 136. 'Hildreth's Hist. U. S., vol i., 140. I COLONIZATION AND CHARTERS. 7 possession to a corporation called Proprietors/ but in 1664 they both became English. In the former a general meeting of all the towns was held March ist, 1665 (by deputies). A code of laws was proclaimed, which had been collated from existing laws in Virginia and Massachusetts. Here each town was allowed four overseers, who held office two years, one half going out of office yearly.^ In the latter (New Jersey) certain " concessions " were made in 1664. The proprietaries were to nominate a governor and council, the latter not to exceed twelve ; and to these was added a company of delegates chosen by the freeholders, also twelve in number; the two latter forming an assembly for legislative pur- poses.^ Delaware was settled in 1638 by Swedes, in furtherance of the designs of Gustavus Adolphus, who had, just before his last battle (Liitzen), recommended Germany to adopt and parti- cipate in his scheme, which was done by the " deputies of the four upper circles" of Germany, at Frankfort, December 12th, 1634.^ Pennsylvania, settled by William Penn, under a patent- grant, in 1 68 1, was to be taxed only by its own assembly, which was to legislate for her; but the king reserved the right of veto.^ Penn assumed the proprietary government in a proclamation, dated London, April 8th, i68t, in which he said: "My friends, you shall be governed by laws of your own making^'' etc. In the following year he gave the colony a liberal form of government, in which he proposed to reserve to himself and his successors "no power. of doing mischief." His idea of freedom is summed up in these words : "Any government is free where the laws rule, and where the people are a party to those laws."*' Georgia re- ceived her charter in 1732, by which certain powers were vested in a number of trustees (twenty-one), who had power to increase their own number as they pleased, and had the right of legislation for twenty-one years; but their acts were subject to the approval of the king. They nominated officers to fill vacancies, and also nineteen of the thirty-four common councilors who administered the affairs.'' These charters, as we have briefly seen, were of a ^Ruttimann, Nordamerikanische Bundes Recht, vol. i., 6. ^Hildreth's Hist. U. S., vol. ii., 45. ^Hildretli's Hist. U. S., vol. ii., 51, 52. ^Bancroft's Hist. U. S., vol. ii., 561. Delaware became English, 1664. ^Bancroft's Hist. U. S., vol. ii., 618. « Bancroft's Hist. U. S., vol. ii., 618-620. '''Bancroft's Hist. U. S., vol. ii., 1002; also, Hiklreth's Hist. U. S., vol. ii-, 363- 8 DECLARATIONS OF RIGHTS. varied character, owing to their having been granted at different times, by different rulers and corporations of different countries, as well as to the character and manners of the people who, under their provisions, took possession of the land. All of the earlier English charters granted the same rights, or, at least, implied them, to the settlers as were enjoyed by their countrymen at home. According to the Massachusetts charter of 1629,^ the proprietors could make all laws not in conflict with those of England.^ Maryland, settled by Lord Baltimore, had an exceed- ingly liberal charter given her. She was granted the independent right to legislate, and no tax was to be levied without her con- sent.^ The charter given to William Penn contained the first idea of the right of the English Parliament to tax the American colo- nies. It read : " No tax shall be levied without the consent of the proprietors or general assembly, or by the act of parliament.'"* This, however, was interpreted by the people to mean in case they sent delegates to parliament, and Benjamin Franklin said as much to the House of Commons nearly a century later. By the new charters given to Plymouth and Massachusetts Bay colonies, in 1692, they were given the right to choose the twenty-eight councilors of the governor every year, as well as to elect their own representatives. It was the repeal of this charter, in 1774, which added to the grievances of that time.^ The charter of New York (1691) gave the right of trial by a jury of twelve men, who were the equals in rank of the accused ; nor were taxes to be levied without the consent of the assembly which was to meet each year. From this outline of the various charters, it will be seen that all the early ones were liberal in their spirit, and served largely to give the people a basis for those broader notions of liberty which were subsequently cultivated. In order to fully appreciate this spirit, we must have recourse to their so-called DECLARATIONS OF RIGHTS. It is not enough that a people should have certain documentary rights in order to be free. They must be ever on the alert, not iHildreth's Hist. U. S., vol. i., 180. ^"Claims of the Colonies to Exemption," etc., p 6. ^The Justice and Necessity of Taxing the American Colonies Demon- strated, p. II. *" Justice and Necessity," etc., p. 11 ; also. The Claim of the Colonies to Exemption from Taxation, p. 5. ''American Aixhives, vol. i., 104. DECLARATIONS OF RIGHTS. g only to assert, but to defend those rights against unjust interpre- tation and presumptuous encroachment. No people in the world's history seem to have had a clearer view on this point than the early colonists in America. They recognized the necessity of making express declarations of their chartered rights, and hence we have an example of this in the action of the Jirs^ popular legislative assembly held in America, viz., that of Virginia in 1624.^ It appears that King James had attempted to control the election of treasurer of the Virginia company, but the company had resisted his effort successfully. In the same year (162 1) a written constitution was established, similar to the English constitution, according to which a gover- nor and permanent council were to be appointed by the com- pany ; and an assembly chosen throughout the colony, to meet yearly, upon whose acts the governor had a veto. Under this mild constitution the people were prosperous and happy; and when, at another election of officers, in 1622, King James again attempted to control the choice and failed, he resolved to annul the patent. It was against this exercise of the royal power that the Virginians met, in 1624, to declare their general rights as men, and still further to affirm that the governor should not levy taxes without their assent. In 1638^ the first general assembly of Maryland met, and de- clared that the Magna Charta of England was to be their guide. Other colonies did the same — Massachusetts in 1628; Plymouth, 1635, 1658 and 167 1 ; the proprietaries of East New Jersey, 1664,^ and by the general assembly of the same in 1682 and 1698; by West New Jersey in 1676; by Carolina in 1667, and by New York in 1683'' and 1691. At the first general assembly of New York in 1683,^ the right of every freeman and freeholder to vote for members of the assembly was affirmed, together with some other rights which were granted by the provincial governor. This document was called " The Charter of Liberties and Privi- leges, granted by his Royal Highness (Duke of York) to the inhabitants of New York." 1 Bancroft's Hist. U. S., vol. i., p. 143. ^Bancroft's Hist. U. S., vol. i., 189, 190. '^Hildreth's Hist. U. S., vol. ii., 51. ^Hildreth's Hist. U. S., vol. ii., 76. •'^Hildreth's Hist. U. S., vol. ii., 76. ,o REPRESENTATION (Particular). In 1665 civil and religious rights were demanded and ob- tained from the proprietaries in New Jersey.^ In all the colo- nies settled by the English we see the same popular feeling prevailing, and in those colonies which were settled by other Europeans, as soon as they became English, the same spirit is noticeable. It may be stated here, however, that although there was a great difference between the Cavalier who settled in Virginia, and the Puritan who settled in New England, yet at that early period there was not the class distinction in the Southern colo- nies which sprang up during the growth -of the institution of slavery. There was, indeed, an aristocracy, but not a dangerous class aristocracy. They and their descendants were a class of men of whom any nation might well be proud, and they cast no mean light upon the democracy of a later period in their efforts towards REPRESENTATION (Particular). The first indication of this idea is observable in the coming together of the heads of families, in Massachusetts, once each month, to consider what was best for their general welfare. This was a patriarchial form of government assumed by the people up to 1629, after which, for a time, it was purely democratic. From 1629 to 1634 Massachusetts had a legislature composed of a governor, his councilors and all the fi-eeinen in person. As these freemen became too numerous to meet in a body, the various towns were directed to assemble, by deputies., in the assembly, which was called the General Court, and which was convened for the first time in 1634. The first representative body, however, elected directly by the people was that of Virginia, which met in 1624. In Maryland, the first assembly (1635) was composed of freemen, and in 1639 a general court was established by the same authority. In the colony of Plymouth the people legislated en masse until 1638, when it was declared to be grievous for all to come together. In Pennsylvania, the various proprietors elected all their ofiicers except the governor. In Rhode Island, the patri- archal form of government prevailed at first, then gradually the different localities chose assemblymen, and they, jointly with the governor and council, made the laws. In those colonies, founded ^Hildreth's Hist. U. S., vol. ii., 52. VOTING. II upon more aristocratic principles, the right to be a representative was limited to a few (freeholders). Gradually the governors and their assemblies became jealous of, and antagonistic to, each other, so that two houses were formed. This took place in Massachusetts in 1644, after an unjust decision had been ren- dered in a civil action by the so-called general court. ^ The next question of importance appears to have been as to how the deputies were to be elected, and by whom. VOTING. In New York and in Massachusetts the people voted at first viva voce. The first mention made of their voting by ballot is in the law passed by the General Court of Massachusetts, in 1636, which stated that the freemen might choose their deputies by papei's^ In Plymouth colony, in 167 1, if any freeman did not appear at the place of election, either in person or by proxy, he suffered a heavy penalty. In 1639 the free planters of Connecticut^ provided that their officers should be elected by ballot. Not many years afterwards, when these New England colonies had begun to be self-sustain- ing, the threatening attitude of the hostile Indian tribes, and the encroachments of the Dutch settlers from New York, led to the adoption of measures of a more extended character, as a result of which we have the first eff'orts towards union or REPRESENTATION (General). This was in 1643, when the colonies of Massachusetts, Ply- mouth'' and New Haven formed a league against their above- mentioned enemies, which was known as the United Colonies of New England.^ These colonies held a congress, which was composed of dele- gates called commissioners — two being sent from each colony.^ To this congress was given power to decide all matters of war, peace and general interest ; and a decision made by a iHildreth's Hist. U. S., vol. i., 297-299. Bancroft's Hist. U. S., vol. i., 325, 326. ^Winthrop's Hist, of New England, vol. i., 128, ^Bancroft's Hist. U. S., vol. i., 301, 302. "^Plymouth Colony Laws, ed. 1836. '''Bancroft's Hist. U. S., vol. i., 315-317. <5Compare Hildreth's Hist. U. S., vol. i., 285, 286. 12 REPRESENTATION (General). majority of these commissioners was binding upon all. Accord- ing to their Articles of Confederation, each colony had exclusive jurisdiction within its own territory ; and, in case of war, each of the confederates had to furnish her quota of armed men and war munition in ratio of the population ; nor could two colonies join in doing anything without the consent of all the colonies ; and unanimous consent was required to admit a new colony into the confederation. Moreover, if any colony violated any of the Ar- ticles of Agreement, or injured the interests of another colony, or refused to obey the mandates of the commissioners, then the remaining commissioners had power to examine and settle the matter as they thought best. This may be said to have been the first of a series of efforts which were continued for nearly a cen- tury and a half by the colonists to form a representative govern- ment. In this manner there sprang up, under the original charters granted by the English Government, governmental action inde- pendent of the authorities in England, which was, no doubt, largely owing to the great civil war at that time convulsing the mother country, and to the subsequent protectorate of Oliver Cromwell. Nor did Great Britain give her colonies much atten- tion until sometime after Cromwell's death; no, not until 1686, when some of the original charters were annulled by King James II., who, like the Bourbons, was incapable of learning by experi- ence.^ Under William and Mary, however, the old charters were, in substance, renewed, except that the governors were appointed by the Crown, and had greater powers than formerly. As the people became more prosperous and wealthy, the colonies began to tempt the cupidity of the English courtiers, who looked upon them as legitimate commercial prey. Grants of land of many thousands of acres were given to noble adventurers and soldiers of fortune, while the English merchant believed himself then, as now, to have a divine right to sell his wares, even to the extent of thrusting them upon the people by force. From this time on until the symptoms of the French and Indian war were beginning to be felt, numerous congresses of governors and commissioners were held, chiefly at Albany, to con- cert measures for the protection of the frontier against Indians.*^ Of these many congresses, the most important in its bearing upon the future, was that held at Albany in 1754. ^Hutchinson's Hist. Massachusetts, vol. i., 126. -Schmidt's Hist. Yew York, vol. i., 171. 1754-1783- This congress is the more remarkable because it gives the first indication of a desire on the part of, at least, the more en- lightened and far-seeing men of that time to form a closer union between the colonies. It had been called together at the instance of the Lords Commissioners for Trade, in England, to consider ways and means for defense in the then impending French and Indian war. The representatives of the colonies, however — comprising some of the men who afterwards became famous in the War for Independence — were not content merely to attend solely to these war matters. They had broader views; nobler and higher aims. They, no doubt, foresaw the inevitable conflict which must sooner or later come.^ There were present delegates from the colonies of New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania and Maryland. Massachusetts had instructed her delegates not only to assist in perfecting measures for the common defense, but to conclude articles of union and confederation with the other colonies for their security in peace as well as in war ; and this convention unanimously resolved that a union of all the colonies was abso- lutely necessary for their preservation. The Lords Commis- sioners endeavored to divide the colonies among themselves, by proposing measures that were disagreeable to some of the colo- nies and favored by others, but all of these proposals were re- jected. As to what these delegates, or, at least, a part of them, had in view, may be judged from one of the resolutions brought in^ — " that there should be a council of delegates chosen every three years, to be presided over by a president^ to be selected by the Crown. This council was to have the right of making war or ^As early as 1752, an anonymous writei", said to have been Franklin, de- clared from Philadelphia, that " a voluntaiy union, entered into by the colonies themselves, would be preferable to one imposed by Parliament." — Bancroft's Hist. American Revolution, vol. i., 103. ^By Benjamin Franklin. The idea did not originate with Franklin, but was suggested by William Penn as long ago as 1697. 14 1754-1783. peace with the Indians, subject to the veto of the president, and, eventually, to that of the Crown. They were to have authority to make laws for the government of new settlements that might spring up in the wilderness ; to raise and equip troops, and arm vessels of war ; to levy duties and raise taxes for the support of the government. But the people were not quite prepared for such innovations, and so this well arranged, and, for them, com- prehensive scheme of government was rejected,^ perhaps chiefly because of a jealousy of the veto power, and also because of a disinclination to hurt the sensibilities of the mother country. Dr. Benjamin Franklin said, six years after this convention met, that it was impossible to unite the colonies against the mother country.^ The chief aim of some of the colonies was to establish a par- liament which should be independent of the English Parliament, in which they had no voice. After the close of the French and Indian war,^ the British House of Commons, urged on by the inordinate greed of their merchants and traders, as well as the obstinacy of the king, passed a series of acts^ which served to arouse the people as one man, and to array them in violent opposition to their enforcement. The first of these acts was that passed in the House of Com- mons on April 2d, 1764 ; by the Lords on the 4th, and signed by the king on the 5th of the same month.^ It was an " act for granting certain duties in the British colonies and plantations in America," etc., etc. The effect of this act upon .the people in America may be judged from the reports of the proceedings in the Massachusetts House of Representatives," which asserted, in their plainest terms, its sole right to regulate the taxation laws. In a letter sent by them to the British agent, Mr. Manduit, the fol- lowing sentiments occur : " The silence of the province should have been imputed to any cause, even to despair, rather than be construed into a tacit cession of their rights, or an acknowledg- ment of a right in the Parliament of Great Britain to impose duties and taxes upon a people who are not represented in the House of Commons."® ^By the Colonial Assemblies, who were to ratify it. ^Franklin's Works, vol. iii., 22. 3In 1763. * American Archives, 4th series, vol. i., 12. 5 1st, 13th June, 1764, ^American Archives, vol. i., 13. 1754-1783- 15 In a report made by a committee of lords, April 20th, 1774, the same House of Representatives was accused of avowing cer- tain opinions, contained in a treatise, by James Otis,' as follows : "That the imposition of taxes, whether on trade or on land, on houses or ships, on real or personal, fixed or floating property, in the colonies, is absolutely irreconcilable with the rights of the colonists, as British subjects, and as men." On the 28th of February, 1765, an act was passed by the House of Commons, entitled, " an act for granting and applying stamp duties and other duties in the British colonies in America," etc., etc. These acts led to the calling together of the House of Representatives of Massachusetts, on the 6th of June, 1665, which resolved : " That it was highly expedient that there should be a meeting of committees from the Houses of Representatives, or Burgesses, in the several colonies on the American continent, to consult on their present circumstances, and the difficulties to which they were reduced by the operation of the late acts of par- liament, for levying duties on the colonies, and to consider of a general address to his majesty and parliament, to implore relief; and that letters should be forthwith prepared, and transmitted to the respective speakers of the several assemblies, to invite them to accede to this proposition."^ The appeal, which was made to England, in accordance with the above^ resolution, met with no response, and on August 15 th following, a violent disturbance took place in Boston, where the distributers of the detested stamps had their houses pulled down about their heads. ^ On the 25th of October, 1765, the council and House of Representatives of Massachusetts resolved, on joint ballot, that it was lawful to do business without the use of stamps, parliamentary action to the contrary notwithstanding. The in- vitations sent out to the various colonies were answered by their delegates coming together in convention,'^ at New York, October 7th, 1765.^ This congress agreed upon a bill of rights, in sub- stance the same as expressed by the earlier colonial assemblies. It also refused to acknowledge the stamp act. ^ James Otis' article on " Right of the Colonies," in a book called " Obser- vations on the Stamp Act," i765-'66. ^American Archives, vol. i., 13, 14. ^American Archives, vol. i., 14. *Only nine colonies were represented. Compare Stedman's Geschichte des Amerikanischen Kriegs, Band i., 51-53. ^Journal Continental Congress of 1765, New York, 1840. i6 1754-1783- By reason of these resolutions, the British Parliament resolved, on the loth of February, 1766,^ that it "had, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain, in all cases what- soever ^ Parliamentary acts of unusual severity were now passed in rapid succession ; among others, the so-called orders in coun- cil, which repealed or made null and void the acts of the colonial assemblies. The iniquitous stamp act, however, was repealed by parliament, March [8th, 1766.^ On the 29th of June, 1767, com- missioners were appointed to see to the .execution of the laws relating to trade in America;^ and on the 9th of May, 1768, in furtherance of this law, the sloop Liberty was seized by the cus- toms officers in Boston Harbor,* which occasioned severe treat- ment to some of them, and the appearance of troops on the spot only served to irritate the people still more. The assemblies had been commanded to rescind their former resolutions sending circular letters to the various assemblies, but this they refused to do, upon which in Massachusetts the assembly was dissolved by the governor, and as he would not call them together they called town meetings ; and that held in Boston September 12th, 1768,^ voted to choose a committee to act for them in convention with those sent from the other towns in the province. They also reminded the people of their old provincial law, viz., that each man should be provided with a musket and the necessary appurtenances thereto. Events grew daily more exciting ; vessels with cargoes were returned to England, they not being allowed to discharge ; and when the English merchants com- plained that they were being ruined the Bostonians replied " that if a ship was to bring in the plague nobody would doubt what was necessary to be done with her, but the present case is much worse than that."^ During the years 1769, 1770, 1771 and 1772 matters remained quiet except occasional disturbances, and the laws of England were executed with increasing difficulty. The colonists were not idle, however ; they were preparing as best they could for the impending conflict. ^American Archives, vol. i., 15, ^American Archives, vol. i., 16. ^American Archives, vol. i., 17. * American Archives, vol. i., 22. ^American Archives, vol. i., 19. ^American Archives, vol. i., 26. 1754-1783- 17 On November 20th, 1772, the towns met in committee and complained of the fact that American revenue had been appro- priated by Great Britain to pay the judges and other officers of the law. It will be seen by this how jealous our ancestors were of outside influence being exerted upon their own officers.^ It required time in those days to make the facts known to the people and create a public opinion; this had been so exercised that in Parliament, May 6th, 1773, it declared that these Massa- chusetts Committees of Correspondence had used their utmost endeavors to work upon the minds not only of their own but also of the Southern people.^ Non-importation resolutions were passed by the mercantile associations in Boston, and by way of emphasis to them they threw overboard a cargo of tea in December, 1773 ; still other colonies sent cargoes back, notably New York/"* These acts England, under the leadership of Lord North, resolved to punish, and consequently the Boston port bill was passed and became a law March 31st, 1774.'' From the general tone of the debate which took place in the English Parliament it will be seen that the severest measures were thought necessary to subdue the refractory spirit of the colonies. These exciting events led to the calling together of the delegates of all the colonies^ at Philadel- phia September'^ 5th, 1774.^ That the spirit which animated the Americans at this time was not one ^f rebellion, may be gathered from the debate on the motion to re-peal the duty on teas, made April- 15th, 1774, in favor of which 49 votes out of 231 were given. Said Mr. Pennant : " It is similar to the raising of the ship money in King Charles' time." Captain Phipps having declared : " I perfectly agree that the Americans cannot resist," Mr. Fox replied that " the only reason urged against the motion is that the Americans cannot resist," and he was opposed to such an irritating policy. But Edmund Burke put the matter in the clearest light by saying :* " For nine long years we have been lashed round and round this miserable circle 1 American Archives, vol. i., 27. ^American Archives, vol. i., 28. ^Governor Colden's letter, May 4th, 1774. American Archives, vol. i., 249. ^This act closed the port, and established it at Marblehead. ^Except Georgia. ^Holst, vol. i., 3, says: September 4th. Compare American Archives, vol. i., 854. ''Webster's Works, vol. i., 123. * Motion for Repeal of Duty on Tea. American Archives, vol. i., 135. 1 8 1754-1783. of occasional arguments and temporary expedients. . . We have had them in every shape ; we have looked at them in every point of view. Invention is exhausted; reason is fatigued; ex- perience has given judgment; but obstinacy is not yet con- quered." It had been urged by the ministry that the Americans would take undue advantage of these concessions if they were granted ; to which Burke replied : " When Parliament repealed the Stamp Act in 1766, I affirm, first, that the Americans did not in conse- quence of this measure call upon you to give up the former par- liamentary revenue which subsisted in that country, or even any one of the articles which compose it."^ On the 4th of April, 1774, Samuel Adams wrote from Boston to Arthur Lee in London say- ing that the people were then in council : " Their opposition groius into a system : they are united and resolute ; and if the British government do not return to the principles of moderation and equity, the evil which they profess to aim at- preventing by their rigorous measures will the sooner be brought to pass, viz., the entire separation and independence of the colonics.'''^ The records of the various committees of correspondence show that the above was no exaggeration of the truth ; everywhere throughout the colonies the same tone pervaded the press and private cor- respondence.^ A single example from Virginia will suffice : " Resolved, that the cause of Boston is the common cause of all America,'"* etc. That these resolutions were of a solid character may be gathered from the following : " Resolved, that as British subjects who know the invaluable blessings of their birthright, we will not submit to the imposition of any taxes or duties, to be paid by the inhabitants of this dominion, by any other power than the General ^Assembly, duly elected; and in them, and ihcm only, is ihc con- stitutional right vested." But these people did not rest with the passage of these resolu- tions. No ! they gave substantial proof of their willingness to devote their goods and money in aid of the cause as the following dispatches show: "Baltimore, July6th, 1774. — A vessel has sailed from the eastern shore of this province with a cargo of provisions -American Archives, vol. i., 136. ^Letter to Lee, American Archives, vol. i., 239. ^Correspondence, Proceedings. , American Archives, vol. i., 231 and seq. ^Correspondence, Proceedings. American Archives, vol. i., 539. 1754-1783. 19 as a free gift to our besieged brethren at Boston.'" "Boston, August 29th, 1774. — Yesterday arrived at Marblehead, Captain Perkins, from Baltimore, with 3,000 bushels of Indian corn, 20 bbls. of rye and 21 bbls. of bread, sent by the inhabitants of that place for the benefit of the poor of Boston, together with 1,000 bushels of corn from Annapolis ... for the same benevolent purpose."^ These are but feeble indications of the spirit which prevailed everywhere; and they are worthy of note since they assist in the interpretation of events following which led to the fostering of an idea, which, if not entirely new in form, to this people was, at least, i/i extent, viz., the union of ail the colonies. They felt its need and selected delegates to express their belief in the necessity for union, in order to insure their safety, and to promote their happiness and prosperity. On the 19th of July, 1774,* the Assembly of Pennsylvania having been called together in extraordinary session considered a resolution passed by the House of Representatives in Massachu- setts to the effect that a meeting of the committees of all the colo- nies should be held at the City of Philadelphia on the ist of the following September.^ This proposition was acceded to, and deputies were appointed who received the following instructions : "You are to meet in Congress the committees of the several British colonies, ... to consult together ; ... to form and adopt a plan , . . of obtaining a redress of American grievances, . . . and in' doing this you are strictly charged to avoid every- thing indecent, or disrespectful to the mother state. "^ It will here be seen how reluctant the colonies were to do anything that could be construed into a rebellious act. Agreeable to this communication from Massachusetts which had been sent to all the colonies their deputies came together in Phila- delphia, and among the first resolutions passed was one agreeing that there should be no importation of English goods after the first day of December following." This was in substance the same as the resolutions passed by the people of Suffolk Co. in Massa- ' Correspondence, etc. American Archives, vol. i., 593. -Correspondence, etc. American Archives, vol. i., 593. "^"Bancroft says: The first proposal for "a general congress came from New York, in May, 1774." — Hist. U.S., vol. vi., 16, 17. ^Correspondence, etc. American Archives, vol. i., 603, 604. ^Correspondence, etc. American Archives, vol. i., 608, 609. ^Continental Congress. American Archives, vol. i., 905. 20 i754-i783- chusetts September 9th/ and in Hartford, Connecticut, Septem- ber i5th.'^ A bill declaratory of their chartered rights and of their grievances was passed October i4th,'^ and an address to the people in Canada was resolved upon on the 26th of the same month which contained some of the more important principles which afterwards served as fundamental in the articles of the Constitution/ This congress was called the first Continental Congress, and comprised some of the well-tried delegates of the conventions held at Albany in 1754 and at New York in 1765. It dissolved itself," in order that a new body might be elected by the people and an opportunity given for the approval or disap- proval of their action, •* appointing the following May (1775) as the time for the assembling of the subsequent congress. Up to this time these delegates had been chosen by their respective Legislatures, but now it Avas determined to submit their election to the people, the people chosing committees who met and selected the delegates, e. g., in Calvert County, Maryland.^ The Massa- chusetts provincial assembly met in December and chose dele- gates to the congress which was to meet in May (10th), who were instructed, or rather given full "power, to concert, direct and order such further measures "" as should seem to be for the best. During this time the colonies were not without powerful sym- pathy and important aid and counsel from abroad. In England Burke and Chatham^ (Pitt) defended their cause with great tact and eloquence; besides there were agents such as Franklin and Lee,'*^ who kept them well informed of the effects of their action. Chatham, having in mind the resolutions of the Philadelphia Congress, said to Arthur Lee: "The whole of your countrymen's conduct has manifested such wisdom, moderation and manliness of character as would have done honor to Greece and Rome in ^American Archives, vol. i,, 776 and seq. ^American Archives, vol. i., 778. ^American Archives, vol. i., 910. ■* American Archives, vol. i., 930-4. ^American Archives, vol. i., 977 ; OctoVjer 26, 1774. "Many of the delegates were fearful of the results of their action, since, by the signing of the American Association Compact, October 20th, 1774, they had virtually begun to assume direct authority in the country — an act not con- templated by their constituents, ■^American Archives^ vol. i., 983. ^American Archives, vol. i., 998. ^American Archives, vol. i., 1058, 1 "American Archives, vol. i., 1058. I754-1783. 21 their best days.'" But these cahn resolutions arrived at by the first Continental Congress and endorsed by the various assemblies" of the colonies during the winter of 1774-5 were not obtained without considerable friction among the delegates. There were difficulties .presented by the " non-exportation resolution " which threatened at one time to dissolve the congress, but these were happily set aside by the prevailing desire to preserve harmony in their midst."'' Before the meeting of the second Continental Congress May loth, 1775, active hostilities had begun,^ of which it is not my purpose here to speak except to remark that they had very great weight upon the deliberations of that body. These representatives were for the most part uninstructed, as at the time of their election matters had assumed such a threatening aspect that the most of the colonies deemed it wise and prudent to repose full confidence in their delegates. A few examples will suffice to show this. New Hampshire, through her legislature, voted that her delegates have " full and ample power in behalf of that province, to consent and agree to all measures which said congress shall deem necessary to obtain redress of Ameri- can grievances;"'" and Maryland declared that they "felt that the measures to be adopted by the Continental Congress must depend much upon events which may happen to arise.'"' In those colonies, immediately in danger of hostilities, committees of safety ' were added to the already acting committees of association and correspondence. The first assumed extraor- dinary powers, and did not hesitate to exert them against traitors ; the second were especially to see to the enforcement of the rule not to allow the importation or exportation of cer- tain articles of trade, and the third were the medium of com- munication between the different colonies. The Congress of Philadelphia began at once to assume the direction of affairs by appointing a committee of ways and means' to raise and equip an army, for the command of which George Washington ^American Archives, vol. i., 1059. ^Amei-ican Archives, vol. i., 1135 ; also, ii56-'6o ; also, vol. ii., 126. ^American Archives, vol. i., hit. Georgia was not present at the Phila- delphia Congress, hence the importance of her endorsement. — American Archives, vol. i.. 1135. •*At Lexington. American Archives, vol. ii., 359. ^Correspondence. American Archives, vol. i., 1181. ^American Archives, vol. ii., 380 ; also vol. ii., 1822-24. ''American Archives, vol. ii., 1847. 22 1754-1783- was appointed.' On the 6th of July, 1775, a declaration of reasons for appealing to arms passed," and addresses, which anticipated, in a degree, the Declaration of Independence, were sent to Canada, Ireland and England. The regular business of a government was begun — money was issued ; commissions were given to officers to enroll and drill the militia, and letters of marque were granted to seamen. On the 21st of July Dr. Franklin submitted certain "Articles of Confederation" — in all thirteen. The first named this country " The United Colonies of North America;"^ the second stated that they were entered into "a firm league of friendship with each other." .This league they intended to be a lasting one, since they bound not only them- selves but "their posterity;" by the third each colony was to retain its own laws, and its assembly was to make its own con- stitution ; the fourth stated that the delegates were to be elected annually, and that the seat of Congress should be held succes- sively in each of the colonies ; by the fifths Congress was to determine war or peace, send and receive ambassadors, settle disputes between the colonies, plant new colonies, build post- roads, etc. Article VI., divided the general expenses of the Con- federacy between the colonies according to the population; by Article VII., the delegates were to be apportioned — one to every five thousand electors — a census for this purpose to be taken every three years; Article VIII., made one-half of the regular members necessary to form a quorum, each delegate to have one vote and the power to vote by proxy in case of absence ; Article IX., established an executive council of twelve persons, chosen from their own body, of whom one-third were chosen for one year, one-third for two years and one-third for three years. As these terms expired the vacancies were to be filled for three years, by which means one-third of the members would be changed annually. By Article X., no colony was to engage in war with the Indians except with the consent of Congress ; Article XL, alliances were to be made with the Indians ; Article XII. , allowed amendments to be made to the Articles by proposals from the General Congress, and approved by a majority of the colonial assemblies ; Article XIII., provided for ^June 14th, 1775. 'American Archives, vol. ii., 1865. 'American Archives, vol. ii., 1887-88. :754-i7S3. 23 the possible application and admission of other British colonies. In the preceding Congress a plan was submitted which was somewhat similar to that proposed at the Albany Convention in 1754/ This was to form a British and American Legislature, including all the colonies, these to be presided over by a presi- dent general appointed by the king, and a grand council of repre- sentatives chosen by the people, in their respective assemblies, once every three years. ^ This grand council was to have the same rights as the British House of Commons. The assent of the president was necessary to make laws valid, and he was to see to their execution. This proposition is unimportant? except in so far as it shows the germs of the future constitu- tion f nor did all of the Articles proposed by Franklin find ready acceptance until some changes had been made in their contents. The first indication of a foreign policy is noticeable in a letter to M. Dumas from Benj. Franklin, dated Philadelphia, Dec. 19th, 1775, wherein he sought to ascertain if any foreign power would step to their relief in case they broke off all connection with England.^ That these ideas had begun to extend throughout the country, and that they in some instances excited alarm may be judged from the instructions given by the Maryland Convention Jan. 12th, 1776," to her delegates in Congress, wherein among other directions they were to "assent to no proposition to declare these colonies independent of the Crown of Great Britain, nor to any such for making or entering into alliance with any foreign power, nor to any union or confederation of these colonies which may necessarily lead to a separation from the mother country," etc. They, however, provided that in case the great majority of the colonies thought it necessary that there be such a separation and union then the delegates from Maryland should call the Assembly together for them to consider and ratify the same ; otherwise they would not be bound by the decision of Congress. Here the first indication of one of the articles of the future consti- ^In the first Continental Congress, Patrick Henry, a delegate from Vir- ginia, had declared that the colonies were one united whole ; but no one agreed with him, since the States rights idea was so prominent that it was re- solved to give each colony one vote. ^American Archives, vol. i., 905. ^ Since it was not accepted by the Congress. ^Letter to Dumas. American Archives, vol. iv., 352. ^American Archives, vol. iv., 738, 739. 24 PREPARING THE PUBLIC MIND FOR INDEPENDENCE. tution is seen, viz., that no officer holding a command or position of trust under the general government should be eligible to a seat in Congress.^ They were also instructed to move and vote for the keeping of the journals of Congress in such a manner that the votes of the representatives of each colony should be clearly seen. PREPARING THE PUBLIC MIND FOR INDE- PENDENCE. At the beginning of the year 1776 a pamphlet entitled "Com- mon Sense " made its appearance ; and so truthfully did it appeal to the facts in the case that it created at once an almost universal consideration of the idea of colonial independence. It gave rise to a series of articles, discussions and addresses which served to prepare the people, however much bowed down and humiliated by desperate rulers, for a hitherto unthought of resort. This appeal might be, in its results, compared to " Fichle's " Reden an die deutsche Nation " during the occupation of Germany by Napo- leon I., for here as there, subdued energies were reawaked and quickened by the idea that it was a life and death matter. The united front presented by the colonies in opposition to the enact- ments of parliament led the British to a specious change of tactics, by appointing commissioners to come to America and propose a settlement. Cassandra, one of the writers of that day, declared that Britain's policy was now " Divide et impera ; " that she was only seeking to gain time for the better preparation and disposi- tion of her forces."^ More than all, this hardy people were warned against the corrupting influence of British gold; and British writers such as C<2/ representatives and 2 senators in Congress. The total number of all the :^2> States is now 369 electoral votes. At the last presidential election Hayes, the present incumbent, had 185 and Tilden 184, the latter having nearly 250,000 more votes than the former. When there is no majority of all the electors for any one candidate over all the other candidates then the election is thrown into the House of Representatives, and they vote by States, t. e.^ each delegation of all the States voting separately as a unit. In case there should be a tie or no choice made before the term of the acting President ^Article II., section i, 1-4 ; also Amendments, Article XII, i of the U. S. Constitution. ^6 THECONSTITUTION. expires then the Vice-President takes his place, and after him the President of the Senate /r^ tempore. This was not the case before the assassination of Mr. Lincoln. The attempt having then been made to bring about anarchy by cutting off all the heads of the government, the succession to the presidency descends through the Speaker of the House of Representatives to the Chief Justice of the Supreme Court. In case of its devolving upon the Speaker, it is a question — in case it occurred at a time when one Congress had expired and the other had not begun its sittings — whether the Speaker of the last or of the new House should serve. In case there is no choice of Vice-President by the electors, then the Senate chooses him. There can -be no denial of the fact that our greatest danger lies just here, in this matter of electing the chief executive officers of the land. That we have thus far happily escaped a terrible collision is due to the calmness and determination of the people to submit even to an injustice for a time, rather than plunge the State into the horrors of civil war. VITA. I was born at Pound Ridge, in the State of Connecticut, February 15th, 1848, but only a few months afterwards my father, who is a minister in the Methodist Episcopal Church, moved into the State of New York. In this State the most of my life has been spent ; in the early part of it I attended the public schools where we lived, often going some miles to reach the school-house. I also received instruction at home fronj my parents. At the age of ten I was sent, with a younger brother, to Staten Island,* to attend the boarding-school of my uncle, Henry Boehm, who was school commissioner for that island (Richmond County), Here I remained two years, and returning home, pursued my studies in the ordinary branches until 1863, when I was sent to New York City to attend the Grammar School No. 45.f During this time I lived with James W. Anten, Esq., editor of the Shipping and Commercial Newspaper. Having graduated there in 1864, I was examined and passed for admission into the " Free Academy," now called " College of the City of New York." But I did not enter — choosing rather to enter into business in Wall Street, where I i-emained nearly five years in the " East and West Indies Trade." At twenty-one years of age I entered business for myself, which I continued for two years, when I entered the Drew Theological Seminary, at Madison, New Jersey. Here I Remained six years studying the Classics and Mathematics, as well as History, and Philosophy for three years, and then Theology for three yeai-s. Soon after graduating here (May, 1877), I sailed for Germany, via England. After stopping in Hanover a few months, and visiting the southern part of Germany, I entered Leipzig University, October, 1877. During the summer vacation of 1878 I visited the Exposition at Paris and the Rhine. In the following spring (1879), I spent the vacation in Italy. With these exceptions, and short trips to Berlin and Dresden, my time has been spent in Leipzig hearing Drs. Wundt and Heinze, especially in Philosophy ; Dr. Springer in Art and Culture History ; Dr. Voigt in History, and Dr. Bieder- man in History and Literature. * This island lies at the entrance to New York Harbor. t These are high Schools where, besides the ordinary branches, Drawing, Chemistry, French and Algebra are taught. WORKS OF REFERENCE. American Archives (Fourth Series). 1837. Kent's Commentaries. Bancroft's History United States. Vol. i.-vii. Bancroft's History American Revolution. Vols, i.-iii. Hildreth's History United States. Vols, i.-iii. Webster's Works. Von Holst, Verfassung u. Demokratie der Vereinigte Staaten von Amerika. 1873. Von Ruttimann, Das Nordamerikanische Bundes-Staats- REc'ht. Zurich, 1867. Bluntschli, Liehre vom Modernen Staat. Neumann, Die Vereinigten Staaten. etc. These are the most important of the works which I have used. LB.JL '05 m LIBRARY OF CONGRESS % 029 827 433 4 LIBRARY OF CONGRESS > 029 827 433 4