THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES FUGITIVE PIECES, BY VARIOUS HANDS. 1867. MORRISANIA, N. V.: 1867. FIFTEEN COPIES PRINTED, NUMBERED AND SIGNED. No. BRADSTREET PRESS. TO S. WHITNEY PHCENIX, ESQ., OF NEW YORK CITY. As a slight testimonial of personal esteem, this volume is respectfully inscribed by THE EDITOR. MORRISANIA, N. Y., 1868. 447952 PREFATORY NOTE. THE following papers, originally published in THE HISTORICAL MAGAZINE, under my editorial supervision, are brought together in this volume for more convenient use by students of American History. HENRY B. DAWSON. MORRISANIA, N. Y., 1868. CONTENTS. I. MR. WHEELWRIGHT'S FAST-DAY SERMON, PREACHED AT BOSTON, JANUARY 16, 1636-7. II. SIR NATHANIEL RICH. By John Ward Dean, Esq., of Boston. III. JOURNAL OF LIEUTENANT THOMAS ANDERSON OF THE DELAWARE REGIMENT, 17801782. IV. THE FCF.DERALIST, No. Ixiii. The original draft, by Mr. Jay. V. SUGGESTIONS FOR A CONSTITUTION FOR THE STATE OF NEW YORK. By Egbert Benson and Rufus King. VI. THE UNITED STATES OF AMERICA. By Seu-ki- Yu, Governor of Fuh-Kien. VII. THE ORIGIN OF M'FINGAL. By Hon. J. Hammond Trumbull, of Hartford, Connecticut. VIII. A SCRAP FROM MASSACHUSETTS HISTORY. By George Henry Moore, Esq., of Neiu York. IX. GOUVERNEUR MORRIS. A fragment. By the late John W. Francis, LL.D. X. A HISTORY OF THE EXPEDITION AGAINST THE FIVE NATIONS, COMMANDED BY GENERAL SULLIVAN, IN 1778. By Nathan Da-vis, of Colonel Cil/ey's Regiment. XI. THE SPEECH OF MR. JOHN CHECKLEY, UPON HIS TRYAL, AT BOSTON, IN NEW ENGLAND, NOVEMBER, 1724. With Introduction by Rev. E. H. Gillett, D.D. I. A SERMON PREACHED AT BOSTON IN NEW ENGLAND, VPON A FAST DAY THE XVJrn OF JANUARY, 1636-7. BY REV. JOHN WHEELEWRIGHT. From Manuscripts in the Library of The Massachusetts Historical Society. PREACHED AT BOSTON IN NEW ENGLAND VPON A FAST DAY THE XVJTH OF JANUARY. 1636. BT MR. JOHN WHEELEWRIGHT, From Manuscripts in the possession of the Massachusetts Historical Society, first published in THE HISTORICAL MAGAZINE, for April, 1867. MORRISANIA, N. Y.: 1867. BKADSTRXKT PRKI8. ADVERTISEMENT. The following very important Sermon, which, after remaining unpublished for two hundred and thirty years, was first introduced to the reading public outside of Boston, in the HISTORICAL MAGAZINE for April, 1867, has been printed in this form for the more convenient use of a few scholars and students who are, also, friendt of the Editor. HXNRY B. DAWSON. MORRISANIA, April ii, 1867. INTRODUCTORY NOTE. There is no more interesting series of events in the history of New England, than that which is known to us as " The Anti- " nomian Controversy " of 1634-40. The Puritan fathers of the Colony of Massachusetts Bay were not wholly united in their admiration of Governor John Win- throp, and those with whom, both in Church and State, he acted in concert ; and this they did not fail to make manifest on more than one occasion. Thus, in 1632, less than two years after the transfer of the Corporation to America, Thomas Dudley, impa- tient of undue control and disliking some of Governor Win- throp's measures, openly resented them by attempting to with- draw from the Government. Two years later, the Governor was superseded by Mr. Dudley, and called to account "for "such commodities as he hath received of the common stock" to a Committee of the General Court, evidently in a hostile spirit. Mr. Haynes succeeded Mr. Dudley, in 1635 ; and in 1636, Henry Vane, Esqr., was elected to that office, with Mr. Winthrop as his Deputy. In 1637, desperate at this persistent rejection of Mr. Winthrop and this continued rebuke of the spirit which controlled him and his adherents, in violation also of law and of the chartered rights of the majority of the Free- men of the Corporation, the most unwarrantable measures were taken to secure the restoration to authority of the ancient re- gime ; and, amidst the most intense excitement, the effort was successful. It is evident that in these long-continued discontents and fre- quent contests for authority, the struggle to retain or regain the power which " the major will" was unwilling to repose in ' Mr. Winthrop and his friends and supporters, the town of Bos- ton was almost unanimously opposed to that party ; and that it relied chiefly for its support on the country towns and on the clergy ; although, in the country, also, were many who con- demned the clergy as preachers of false doctrines, and the Gov- ernor as a supporter of an erroneous polity. While these discontents were gathering their strength, in September, 1634, there arrived at Boston, one William Hutch- inson and his wife and family ; and, a little more than a year later, Rev. John Wheelwright, a relative of his, also settled In the same place, whence, soon after, the latter removed to Mount Wollaston, now Braintree. The religious meetings for women, which were instituted in Boston, by Mrs. Anne Hutchinson, and the excitement which was produced thereby, are known to our readers ; and they need not be told of either the general denuncia- tion of the clergy, as preachers of false doctrines, in which Mrs. Hutchinson and her friends indulged, nor of the hearty support which that remarkable woman enjoyed, not only from the townsmen, in Boston, but from many of the lead- ing inhabitants of the country towns. As a necessary conse- quence of this religious warfare against the clergy, by those who also mainly opposed, politically, the great civil supporter of the clergy, Mr. Winthrop, it was not long before the theolog- ical dispute became an important element in the political con- tests of the day ; and the friends and adherents of Winthrop were called upon to battle at the same time against the mere opponents of the clergy, headed by Mrs. Hutchinson, and the opponents of Mr. Winthrop, per se, headed, it is probable, by Henry Vane, William Coddington, John Coggeshall, Captain John Underbill, and Richard Dummer, both of which parties they appear to have considered equally antagonistic to their party and to their desire for office. In the midst of this excitement, while Mr. Vane was Gover- nor of the Colony, a fast was ordered on account of the pre- vail ing dissensions and the existing troubles with the Indians; and, among others, a sermon was preached by Mr. Wheelwright, who was one of the principal theological opponents of the clergy, and, indirectly, an opponent also of Mr. Winthrop and his political adherents. For preaching this Sermon,, Mr. Wheelwright was summoned before the General Court, when a remonstrance was presented from nearly all the members of the Church at Boston, claiming as Freemen their right to be present in cases of judicature, and denying the right of the Court to act in cases of conscience be- fore the Church itself had acted on the subject. Mr. Wheelwright duly appeared before the Court, produced his Sermon, and justified it, boldly declaring that his applica- tion of the principles maintained therein was " to all that walk "in that way." The Court then called on the Elders of the Churches to declare if, in their ministry, " they walked in such "a way " as Mr. Wheelwright had described, which they ac- knowledged ; whereupon the Court adjudged the preacher " was guilty of contempt and sedition." A portion of the Court, headed by Governor Vane, dissented from this judgment and presented a Protest and a second Re- monstrance from the Church at Boston, the latter justifying the preacher ; denying the alleged sedition ; suggesting that the opposition to the sermon might be only a method of the old ser- pent, "the ancient enemy of Free Grace," to spread mischief; and advising the Court to consider the danger of meddling with the prophets of the Most High. This Remonstrance was very decided in its tone and was signed by men of the first conse- quence in the Colony ; and, very wisely, nothing further was done at that time, in the premises. At the meeting of the Court, in May, 1637, the most disrepu- table means were employed by the friends of Mr. Winthrop to regain the ascendency in the Government ; and their success was followed by the banishment of Mr. Wheelwright and the disfranchisement of his leading friends, and, subsequently by the banishment of Mn. Hutchinson ; the disarming of the lead- vii. ing anti-Winthrop inhabitants of Boston, Salem, Newbury, Roxbury, Ipswich, and Charlestown ; and by other acts of Puri- tanic persecution. Every careful reader of the Sermon who is also an impartial observer of men and manners will agree with us that Mr. Wheelwright's remarks were not more applicable to the pre- vailing vices of 1637 than they are to those of 1867 ; and it is not impossible that in that fact we may find at once the motives of the Fathers of Massachusetts in banishing its author from that Colony, and those of their Suns in withholding, so tena- ciously, and for so long a period, from the light of day the Ser- mon itself. Be this as it may, the author was banished, in 1637, and his Sermon has been, during the succeeding two hun- dred and thirty years, and until now, carefully withheld from the scrutiny of all, the world over, except the favored few who have lived or had ''hospitable friends" in Boston or its imme- diate vicinity. The Sermon thus preached by Mr. Wheelwright, the great historical importance of which will be evident to our readers, remained in manuscript, unpublished and sedulously guarded, until last August, when we made a formal application, in writing, to the Massachusetts Historical Society, in whose pos- session it had been for many years, for a copy for publication. As a member of that venerable Society and a student of the history of the subject to which it related, we supposed that our fellow-members, many of whom were also our personal friends, would no longer interpose an objection to the publication of this very important Sermon ; but the result indicated too clearly that we were mistaken that which related to Massachusetts, they maintained, ought only to be published originally, if pub- lished at all, in Massachusetts and under their supervision. The following, from the unpublished Proceedings of the Massachusetts Historical Society, for August, 1866, is the official record of the action of the Society on our application for a copy, and of the subsequent process through which it was intended we should obtain a copy only in the manner and at the time which was most congenial to the feelings of those who had so long withheld it from the public : " An application from Mr. Henry B. Dawson, of Morrisania, " N. Y., for leave to copy and print the Sermon of the Rev. "John Wheelwright, among the Hutchinson manuscripts in " the archives of the Society, was referred to the Standing " Committee, with full power. " [The ' Standing Committee,' on considering this appllca- " tion, decided that it was the duty of this Society to print thii " sermon, and all the other unpublished manuscripts in the " Hutchinson collection, in a volume or volumes of their own, " as soon as the funds of the Society should enable them to do so. " With a view, however, to gratify the wish for this particular " discourse, it was referred to the ' Publishing Committee,' and " by their authority is here printed.]" Having received no official reply to our application, and the information which we had obtained, informally, indicating a viii. determination in some quarters to prevent such a copy from reaching us as would have answered our purpose, we made a personal application to the Society, at its meeting in March, 1867 ; and, contrary to the Society's usual course, in such cases, we beliere, the HISTORICAL MAGAZINE, to-day, is allowed to anticipate the regular publication by the Society, in its own Proceedings, of a paper in its own collections, which it had officially designated as a part of its own forthcoming volume. The following copy of the Fast-day sermon, preached by Mr. Wheelwright, in January, 1636-7, has been printed from cor- rected slips furnished to us, officially, for the purpose of this publication, by the Publishing Committee' of the Massachusetts Historical Society, under the authority of that body, and in ad- vance of its own publication of the same in a future volume of its Proceedings, which is now in press. HENRY B. DAWSON. MOREIBANIA, N. Y., April 11, 1867. SERMON. MATH : the 9. 15. And Jesus said vnto them, can the Children of the bride- chamber mourne as long as the Bridegroome is w th them, but the dayes will come, when the Bridegroome shall be taken from them, & then they shall fast. Our blessed Lord & Sauio r Jesus Christ, though he was the most innocent that euer was, so that they w cl1 hated him, hated him w th out a cause, yet notw th standing the wicked world, they were euer taking exceptions, both against his sayings & doings. In the beginning of this chapter, they brought vnto him a man sicke of the palsey, lying vpon a bedd. Jesus seeing their faith, said vnto him, sonne be of good cheare, thy synnes be forgiuen thee, the Scribes say w th in themselues that he blasphemeth. Christ perceiuing their thoughts, answered for himselfe, & telleth them, he cold as easily forgiue synnes as restore this man to health ; Christ goeth from thence, & goeth to the receipt of custome & calleth Mathew the Publi- can, & he receaueth him into his house & maketh a feast. "Christ sitteth downe w th Publicans & synners : the Pharisees take exceptions, & tell his Disciples, that their Master eateth w th Publicans & synners, & Christ hearing of it, answereth for himselfe, & telleth them, they were fit subiecta to worke vpon, he iustifieth the vngodly : those "2 that are iustified by Christ must not looke to be saued by sacrifice, but by the mercy of Christ. A little after, the Disciples of John were insti- gated by the Scribes & Pharisees Mar : 2. 18, and they put this question vnto him, Why they & the Pharisees fast often? and the Disciples of Christ fast not ? And Christ answered in my text. And thus you see the coherence & dependence of these words. The text consisteth of two argum* 9 . whereby Christ did prooue & shew, that it was not for his Disciples to fast. The first is taken from the remoouall of any iust cause of fasting w ch they had for the p'sent. The second argum 4 . is taken from a position or putting a iust cause of fast they shold haue hereafter, and that was the re- remooving Christ from them. I will not stand to shew the difference of fasts, w ch are either constrayned, civill, miraculous, dayly, or religious, but the fast here spoken of in my text, is of the last sort, and mourning is added in my text, because fasting & mourning go together, Joel : 2 ; and where it is here said, the children of the bridechamber cannot fast, it is to be vnderstood an impossibility of seasonablenes, they cannot do it seasonably. The text contayneth in it two poynts, but I wrap all vp in one poynt of Doctrine, and that is this. That the only cause of the fasting of true beleeuers is the absence of Christ. Either Christ he is p r sent w th his people, or els absent from his people ; if he be p r sent w 01 his people, then they haue no cause to fast : therefore it must be his absence that is the true cause of fasting, when he is taken away, then they must fast. If we take a view of all the fasts, that haue beene kept, either in the old or new Testament, we shall finde the fasts that haue beene kept by true beleeuers, haue had this for the grounds of them, the absence of the Lord. What was the reason why the people of Israeli kept a fast, Judges the 20. & 1 Sam : 7, and Je- hosephat & all Juda 2 Cron : 20, and the people of Israeli, after they came out of captivity, Ne- hemiah 9. And the church of Antioch, Acts 13, and Paul & Earnabas, Acts 14 ; was it not be- cause they wanted the Lord to protect, defend, pardon, & assist ? Where there is mencon made of fasting in the Scripture, you shall likewise find mencon made of turning vnto the Lord, and the Prophett Joel, when he speaketh of a fast, he biddeth them turne to the Lord : whereby it is evident, that the reason why God's people do fast, is because there is a distance betweene them & the Lord. Reas : 1. The first reason is, when Jesus Christ is aboundantly p r sent, he doth make a supply of whatsoeuer the children of God can pcure in this extraordinary way of fasting : Wee know that vnder the captivity the people of God they fasted exceedingly, they kept a fast in the fourth moneth, 5. 7. 10, and now the Lord pmiseth a restauration of Jerusalem, that is especially ac- complished in the kingdome of Christ, when he shall raigne ouer his, and he saith, in this day he will turne the fast of the fourth moneth, 5. 7. 10, into ioyfull gladnes & chearefull feasts. Zach : 8. There is a prophecy of a glorious Church, w ch the Lord will haue vnder the new testament, & especially when the Jewes come to be converted vnto God, and there is a pmise that the Lord will dwell w th them, & they shall be his people, & he will be w th them, and the effect of it is, all teares shall be wiped from their eyes ; Reu : 21, 4, and the same is pphecied in Isay 65, 19. so farr as Christ is psent he taketh away all cause of mourning & weeping, and in his psence is fulnes of ioy, and at his right hand there is pleasures for evermore. Ps : 16, 11. Keas : 2. The second reason is, because when the Lord Jesus Christ cometh once to be absent, then cometh in matter of mourning & fasting, all misery followeth the absence of Christ ; as you see darknes followeth the absence of the sunne : the Lord leaueth Hezekiah, 2 Kings. 20. 12, 13, and then what followeth vpon it, he sin- neth exceedingly in shewing the Ambassadors the treasure in his house. The Lord departeth from his Disciples, & his Disciples leaue him & forsake him. John : 16. So when it pleaseth the Lord to absent himselfe, then cometh in cause of mourning, and this hath beene the reason that the seruants of God haue wonderfully desired the psence of the Lord. Moses desired Gods psence, or els never to go vp, and so Dauid, Ps : 27, 9, because he knew very well, if God were absent from him, then misery wold follow. Vse 1. The first vse may senie to teach vs a reason, why those that are the children of God, vpon their first acquaintance they get w th the Lord, they are not much addicted vnto fasting, the Lord doth not cary them that way ; the time when Christ was vpon the earth, he being psent w" 1 his Disciples, he was euer & anon instructing of them when they were in dobt of any thing, he telleth them, and if they cold not answere many dobts, then Christ came & answered for them, and if at any tyme they were in any dan- ger, then Christ comforteth them, and was euer & anon w th them. And thus the Lord dealeth w th his children, spiritually in regard of his spirituall psence, when Christ first cometh to breake into the soules of his, he is wonderfully pleasant vuto them, and euer & anon instructing of them & comforting of them ; yea, the Lord heareth them before they pray, or when they are a speaking, & doth exceedingly solace them ; but afterwards it may be the saynts of God may come to be left & forsaken of the Lord, either because the children of their mother is angry vr & them, & make them keepe the vyneyard, those vnder a covenant of works, maketh them trauaile vnder the burthen of that Covenant, and so maketh the Lord absent hirnselfe from them, and then Christ cometh to depart from them, & then they fast ; or els whilest they grow car nail, & fall into a spirituall sleepe, Christ leaues them. Cant : 5. 6. 2. Secondly, from hence we are taught how to cary & behaue ourselues now vpon this day of humiliaSon, there are diuers evills w ch wee may happily desire shold be remoued, both from forrayne nations & from this place where we live, and divers good things we desire shold be pcured both for them & ourselues. What is the course we must take ? must we especially looke after the remouing those euill things & pcuring those good things ? this an hipocrite will do, see the example of Ahab, 1 Kings 21 : 27, 28, 29, and the Lord will grant the desire of hipocrites : in this case see 78 Ps : 34, for there the hipocriti- call people of the Jewes in their misery sought the Lord, and the Lord being full of compassion, he forgiueth their iniquities & destroyeth them not, in the 38 verse of that psalme : must we then do as they did ? by no meanes : What must we do then ? We must looke first at the Lord Jesus Christ, & most desire now that Jesus Christ may be receaued in other nations & other places, and may be more receaued amongst our selues, we must turne vnto the Lord, & then he will turne all into a right frame, when many enimyes 6 came against Jehosophat, what doth he ? he goeth & seeketh the Lord, & his eyes are towards the Lord. 2 Cron : 20, 12, so the children of God are a company, a generation that seeke the Lord & his strength & face euermore, Ps : 105, 4. they do not only seeke the gifts of his spiritt, but the Lord himselfe, they doe not seeke after strength to he receiued from the Lord only, but they seeke after the strength that is in the Lord, they do not seeke only to know the Lord by fruits & effects, but looke vpon the Lord w th a direct eye of faith they seeke his face, and this is the gen- eration of seekers spoken of Ps : 24, 6, therefore if we meane to pcure good things & remooue evill things, this will be our course, seeing the absence of the Lord is the cause of fasting, and the end of our fasting must be our turning to the Lord, & he will turne to vs, Joel 2. and thus the Lord will turne all things for the good of his, Rom : 8, 32, if we* get y e Lorde Jesus Ch, we shal haue al things. 3. Thirdly, from hence we are tought a reason, why, thos y' doe not knowe the Lorde Jesus Ch, they are vsially giuen y e most vnto fasting, not y I condemne fasting by any means ; but this is it, many times thos that are the leaste aquainted w th y e Lorde Jesus are giuen y e most of al to fasting, y e Papists are giuen much to fasting, & ponish themselues by whiping, & y e people in captiuitie they were not aquainted w tb the Lorde, & soe did notfaste to the Lorde. Zac : 7. 5. 6. & appointed more fasts then the Lorde appointed, the 4, 5, 10 month, & the Pharoses fasted twise a weeke, Luk. 18. 12. they wanted y e Lorde Jesus * The early transcript of the Sermon has been followed to this place ; and here we begin with the " original manuscript," the first eight pages of which are wanting. PUBLISHING COMMUTES or THE MASSACHUSETTS HISTORICAL SOCIETY. Ch, & they must haue somethinge to reste vpon, & must close w th some thinge, & because they wante Ch they faste. This for y e first vse of in- struction. Vse : 2. The second vse of exhortation, & it serueth to exhorte vs al, in the feare of God, to haue a spetial caire, that we p te not w th y e Lorde Jesus Ch : if we p te w th Ch we p te w th our Hues, for Ch is our life, saith Paule, Col. 3. 4, the Lorde Jesus Ch is not onely the author of our life, bnt is the very seate of the life of God's childeren, & al there life is deriued from Ch, for he is y roote & he conuayeth life to y e branshes, & thos y* are y e childeren of God, they Hue by y e faith of y sonne of God, Gal, 2. 20. they haue faith to lay houlde of the sonne of God, & y e sonne of God conuayeth life to them ; therefore if wep te w th Ch, we p te w th our lines, therefore it standeth vs all in hande to haue a caire Ch be not taken fro vs, if we belonge to the election of graise, Ch can not be holy taken away from vs, yet may be taken away in some degree, therefore let vs haue a caire to keepe y e Lorde Jesus Ch. Ob : It may be heare demanded, what course shal we take to keepe the Lorde Jesus Ch. ? A : The way we must take, if soe be we wil not haue y e Lorde Jesus Ch taken from vs, is this, we must all of vs ppaire for a spiritual com- bat, we must put on y e whole armor of God, Eph : 6, 11, & must haue our loines girte, & be ready to fight ; behould the bed y* is Solamos, there is threskore valient men abought it, valient men of Israel, euery one hath his sworde in his hande, & being experte in warre, & hath his sworde girte on his thie, because of feare in y night, if we wil not fighte for y Lorde Jesus Ch. Ch may come to be surprised. Solamon lyeth in his bed, & there is such men abought the bed of 8 Sollamon, & they watch ouer Sollamon, & wil not suffer Sollamo to be taken away ; & who is this Sollamon, but y e Lorde Jesus Ch ; and what is y e bed, but y e Church of true beleeuers, & who are those valient men of Israel, but al the chil- deren of God, they ought to shew themselues val- lient, they should haue their swords readie, they must fight, & fighte w th spiritual weapons, for the weapens of our warfaire are not carnal but spir- itual, &c. 2 Cor : 10, 4. therefore wheresoe euer we Hue, if we would haue y e Lorde Jesus Ch to be aboundantly p r sent w th vs, we must all of vs ppaire for battel, & come out ag* y e enymies of y 9 Lorde, & if we doe not striue, those vnder a coue- nant of workes wil p r uaile. We must haue a spe- tial caire therefore to shewe our selues coragious. al y e vallient men of Dauid, & all y e men of Is- rael, Barak, & Debora & Jael, all must out & fight for Ch ; curse ye Meroz, because they came not ought to helpe y e Lorde ag' y e mighty, Judg : 5, 23 therefore if we wil keepe y e Lorde Jesus Ch & his p r sence, & power amongst vs, we must fight. That thes things may be y e better cleared, we must vnderstand & cal to our considerations, y* as soone as euer Ch was borne into y e world, Herod & al Jerusalem was troubled. Math : 2, & if y e Lorde had not p r uented him, he sought to destroy him, & when Ch Jesus came once to shew him selfe, & to declaire him selfe, & exersise his pub- lique minestery, y e world seteth them selues ag' him to intrap him, & they labour to kille him, & neuer lefte, til they crusified y e Lorde of glory, for this was done by Herod & Pontius Pilat, Act. 4 ; & when they had crusified him, that would not serue y e turne, but he being buried, they come & make it suer, & sealeth y e stone, & seteth a watch & warde, & would haue buried y 8 Lorde 9 for euer, & would haue kepte him eternally in the graue, but he raised him selfe by his power ; and sins Ch reserection & assention al y e eny- mies of y e Lorde Jesus Ch, they endeauour to doe it spiritually, & as they buried y e Lorde Jesus Ch, & laboured to keepe him there, soe spiritu- ally they burie Ch, & they doe not onely labour to do this, y 4 are pagonish, but y e antichtian. Why doe y e heathen raige & the people imagine a vaine thing, Psal. 2, 1, what people are they, the people of God, y e people of y 8 Jues, this peo- ple doe imagine to take away y e Lorde Jesus Ch, & what hath beene y e practis of all Antechtian spirits, but onely to take away y e Ch, y e Son of y e liueing God, & to put in fals Ch, & to deceiue the electe, if it were possible, Math. 24, 24 ; for what is Antech., but one being ag* Ch., & for Ch, his being for Ch, is being ag 1 Ch, he is ag' Ch. becaus he would put one in y e roome of Ch, therefore if we wil keepe the Lorde Jesus Ch amongst vs, we must stande vpon our gairde, & watch ouer y e Lorde Jesus Ch, as y e vallient men of Israel watched ouer Solomon. Ob. It may be heare demanded what course must we take to p r uaile in this combat, for fight we must ? A. If we would p r uaile thorow y e strength of y e Lorde for of our selues we can doe noe thinge, then we must first contende for y e faith once de- liuered to y e saints, y e Epistle of Jude. v. 3, y 4 is y e Gospel, it was but once deliuered for y e sub- stans, though many times in regairde of y e man- or, we must therefore striue for y e faith of y e Gospel, & striue togeather for y 8 Gospel, Phil. 1, 27, if y ' y e light once be taken away, & darke- nes come vpon y e face of y e Church, then we may be eaysyly deluded, and a false Ch. put in y trew Ch roome. 3 10 Ob. It may be demanded, what is y 8 gospel. A. It is y* same glad tideings y' the Lorde sente into y e world of a Saviour y' is borne vnto vs, euen Jesus Ch y e Lorde, this same gospel is y* heauenly doctrin yt was pfesied of before by y e pfet conserning Jesus Ch the Lorde, to be maide of y e seede of Dauid. Y 8 gospel is a deuine heauenly supnateral doctrin, containeing in it y e reuelation of Jesus Ch, to preach y 8 Gospel is to preach Ch, & y e Apostle sath, Gal. 6, 14. God forbid y* I should glory in any thinge but in y e crosse of Ch : soe y e Gospel is such a doctrin as doth houlde forth Jesus Ch, & noe thinge but Ch, when such a doctrin is houlden forth as doth reueale Jesus Ch to be our wisdum, our righteousnes, our sanctification, our redemp- tion. 1 Cor. 1, 30, when al is taken away from y creatuer, & al giuen to Ch, soe y* neither before our conuertion, nor after, we are able to put forth one act of true, saueing spiritual wisdum, but we must haue it put forth from y e Lorde Jesus Ch, w th home we are maide one ; & such a doctrine houlden forth as declaires that we are not able to doe any worke of sanctification, further then we are acted by y e Lorde, nor able to pcuer our Justification, but it must be the Lorde Jesus Ch y 1 must apply himselfe & his righteousnes to vs, & we are not able to redeeme our selues from y e least euel, but he is our re- demption ; when Ch is thus houlden forth to be al in al, al in y e roote, al in y e bransh, al in al, this is y e Gospel, this is that fountaine open for y e inhabitants of Juday & Jerusalem for sin & for vncleanenes : Zack. 13, 1, & this is the well, of w ch y e wells vnder y e ould testament were sertaine tipes, this same wel must be kepte open, if y e Philistins ffille it w th earth, w th y* earth of there owne inuentions, those yt are y e 11 seruants of Isaack, true beleuers, y e seruants of the Lorde, must open y e wels againe; this is y s light yt houldeth forth a greate light, yt is Jesus Ch. for he is yt greate light yt lighteneth euery one yt cometh into y e world, John, 1, 9, & if we meane to keepe Ch, we must houlde forth this light. Ob : It may be heare demanded, is there noe thinge to be h Gulden forth in pointe of Justifi- cation, but onely y e righteousnes of y e Lorde Je- sus Ch, may there not be a reuelation of some worke of sanctification, & from y 1 , may not we be carryed to Ch Jesus, & soe come to beleeue in y e Lorde Jesus Ch, must Ch be al in this point of Justification ? A : Truly both in y e pointe of Justification, & y e knowledge of this our Justification by faith, there must be noe thinge in y e world reuealed but Ch Jesus, none other doctrine vnder heauen able to Justine any, but mearely y e reuelation of y" Lorde Jesus Ch. I am not ashamed of the Gospel, saith Paule, for it is y e power of God to saluation, Horn. 1, 16, how ? for in it y e right- eousnes of God is reuealed : soe it could not be a doctrine w th power to conuirte a soule, if y e right- eousnes of y e Lorde were not reuealed : therefore when the Lorde is pleased to conuirte any soule to him, he reuealetn not to him some worke, & from yt worke, carryeth him to Ch, but there is noe thinge reuealed but Ch when Ch is lifted vp, he draweth all to him, that belongeth to ye elec- tion of grace; if men think to be saued, because they see some worke of sanctification in them, as. hungering & thirsting & ye like, if they be saued, they are saued w tb out the Gospel. No, noe, this is a couenant of workes, for in the couenant of grace noething is reuealed but Ch, for our right- eousnes ; & soe for y e knowledge of our iustifi- 12 cation by faith, noethinge is reuealed to a soule but onely Ch, & his righteousnes freely giuen, it was ye very grace of God yt appeared, y fc same apperition whereby y e soule cometh to knowe y l he is Justified, ye obiect of it is Ch freely giuen, when y e loueing kindenes of Ch appeared, in y e 3 Titus 5, not by workes of righteousnes, &c., they are laide aside, & y e Lorde reuealeth onely to them ye righteousnes of himselfe giuen freely to y e soule, if men haue reuealed to them some worke of righteousnes in them selues, as loue to ye bretheren & ye like, & heare vpon they come to be assured they are in a good estaite : this is not y e assurance of faith, for faith hath Ch re- uealed for ye obiect, therefore if ye assurans of ones iustification be by faith as a worke, it is not gospel. Ob : It may be further demanded, must not any sanctification in y e gospel be pressed vpon those that are y e childeren of God, but onely as it doth come from Jesus Ch ye roote, & as he worketh it in those y* are true beleuers. A : Not in y e gospel. Sanctification must be preached noe other way, al duties of sanctification pressed vpon y e childeren of God, must be soe vrged, as wth all it be declaired y* they growe from the roote Jesus Ch., worke out yo r salua- tion w th feare & trimbleing Phil. 2, 12 ; it is he y* worketh in you both to wil & doe of his good pleasure ; this is y e couenant of Grace, y e Lorde Jesus Ch wil be our sanctification, & worke sancti- fication in vs & for vs. A new harte wil I giue yow, & a new spirit, & they shal walke in my statuts & iudgements to doe them. Ezek. 36, 26, 27. I wil forgiue there sins, & wrighte my law in there harts & inwarde p tes ; If works be soe pressed as if a beleuer had power in him selfe to worke, it killeth y e spirit of Gods childeren, put 13 any worke of sanctification in a legal phraime & it killeth him ; y e law killeth but it is y e spirit y 4 quickens, y l is y e gospel in w ch the spirit of God is conuayed, when God speaketh he speak- eth y e wordes of eternal life, & Peter sath to Ch, whether shal we goe, for w th y e is y 6 wordes of eternal life, therefore ought noe workes of sanctification to be vrged vpon the ser- uants of God, soe as if they had a power to doe it, it wil kille y e soule of a man, & it oppresseth the pore soules of y e saints of God ; Ch saith, Math : 11, 28, come vnto me al ye y' labour & are heauie ladened, &c., as longe as we are absent from Ch, we are heauie ladened, but when Ch pulleth vs to him selfe, & takes our burthen vpon him, then we finde ease. Learne of me, for I am meeke & lowly, & yow shal finde rest to yo r soules. Ch was soe meeke & lowly, as content to receiue al fro the Father, & soe must we be meeke & lowly, & contente to receiue al from Ch, if y e duties be pressed any other way, they wil be burthens that neither we nor our fathers wil be able to beare ; therefore if we meane to keepe y e Lorde Jesus Ch, we must keepe open this fountaine, & hould forth this light, if there be a night of darkenes, y e feare saith the Spirit of God, is in the night. 2. The second action y' we must pforme, & y e seconde way we must take is, when enymies to y truth oppose y e way of God, we must lay loade vpon them, we must kille them w th the worde of y e Lorde, Hos : 6, 5, y e Lorde hath giuen true beleuers power ouer y" nations, & they shal breake them apeces, as shiuered wth a rod of Iron ; & what rodde of Iron is this, but y e worde of y 8 Lorde, & such honour haue al his saints, Psa. 149, 9. y 6 Lorde hath maide vs of thrashing in- struments, wth teeth, & we must beate y e hils into chafe, Isa. 41, 15, therefore in y e feare of God 14 handle y sworde of y e spirit, y e worde of God, for it is a too edged sworde, & Heb. 4, 12, this worde of God cuteth men to y" very harte. Ob : It may be obiected y 1 there wil be but littel hope of victory for y e seruants of God, be- cause y e childeren of God are but few, & those y* are enymies to y e Lorde & his truth are many ? A: Trew, I must confes & acknowlege y e saints of God are few, they are but a littel fiocke, & those y* are enymies to y e Lorde, not onely Pagonish, but Antechristian, & those y* runne vnder a couenant of workes are very strong : but be not afraide y e battel is not y ors ,but Gods ; ye know y e speech rendered by the pfet when soe many came ag l Joshua; Josh. 23, 10, one of yow shal chase athousand, &c. if we should goe in our owne strength, we should be swallowed vp, many a time may Israel say. if it had not beene for the Lorde, we had beene swalowed vp, if it weare not for y e Lorde of Hoasts, there were lit- tel hope of p r uaileing by y e saints, but out of y e mouthes of babes & sucklins, God ordaineth him praise, to stil the enymies, y e Lorde wil magnyfy his name in ye saints, & though Gods people be but few, yet it is y e Lorde of hoasts, that God of heauen & earth, y* layed'y 6 foundation vpon y e seaes, & in comparison of home all y e nations are as noe thinge, Jehouah is his name, that greate God ; it is Micael that fighteth w th his angels ; therefore though the people be few, yet it is al one for God to saue whether w th many or those w ch haue noe strength. Ob : 2 It wil be obiected y' diners of those who are opposite to y e waies of grace, & free covenant of grace, they are wonderous holy people, there- fore it should seeme to be a very vncharitable thing in y e seruants of God to condemne such, as if soe be they were enymies to the Lorde & his 15 truth, whils they are soe exceeding holy & stricte in there way. A: Bretheren, those vnder a couenant of workes, y e more holy they are, y e greater eny- mies they are to Ch, Paule acknowledgeth as much in y e 1 Gal : he sath he was zelus acording to y e Law, & y e more he founde in a legal way, y e more he p r secuted the waies of grace, 13 & 14 Act. where al deuout people were such as did expel Paule out of Antioch, & out of all ye coasts. It maketh noe matter how seemingly holy men be, according to the law, if they doe not know y e worke of grace & waies of God ; they are such as truste to there righteousnes ; they shal dye, sath y e Lorde, Ezek. 33, 13 : what a cursed right- eousnes is that, y* thrusteth out y e righteousnes of Ch, the Apostle speaketh they shal transforme themselues into an Angel of light, 2 Cor. 11, 14, therefore it maketh noe matter, how holy men be, yt haue noe acquaintance w* Ch. Seest thou a man wise in his owne conceite, more hope there is of a foole then of him. Pro. 26, 12. We know (thorow y e mercy of God) as soone as Ch cometh into y e soule, he maketh y e creatuer noe thinge, therefore if men be soe holy, & soe stricte, & zelus, & trust to themselues & there righteousnes, & knoweth not y e waies of grace, but opposeth free grace; such as those haue not ye Lorde Jesus Ch, therefore set vpon such w th ye sworde of the spirit, y e worde of God. Ob : 3. Itwil be obiected, y* y e childeren of God should be a meeke generation, it is an exhortation y e Apostle giueeth, Jam. 3, 13. A : ffor to fight corragiously, in y e cause of God, & to be meeke, they are diuers, but not op- posits, they may stande very wel togeather : yow know when Steuen was in a meeke phrae, for y e spirit of God was in him, and was in a calme 16 quiet frame & disposetion : & yow see what a vehement speech Steuen maide to y e enymies of God, Act 7, 51, it cuteth them to y e very harte, yet Steuen, a meeke man, he prayeth for his eny- mies in a meeke phrame of spirit, & yet vehement to those that oppose y e waies of God. Oh was meeke, I am suer yow wil say, & he sath, learne of me, for I am meeke and lowly, yet when he cometh to those that did oppose y e waies of grace, yow are the childeren of y e Deuel, Joh. 8, 44, & in the 23 d Math: 23, woe be to yow, Scribs, Pharises, hipocrits, a vehement speech he vseth, yet Ch y e meekest y* euer was, therefore yow may eaysyly beate downe thos houlds by y e sworde of y e spirit, y e worde of God. Ob : 4 It wil be obiected this wil cause a com- bustean in Church & comanwealth. A : I must confesse & acknowlege it wil doe soe, but what then, did not Ch come to sende fier vpon ye earth ? Luke 12, 49, & what is it, yt it were already kindled, he desireth it were kindled, & it is y e desier of y e spirit of y e saints yt this fier were kindled; is not this that that is pfesyed of, Isa. 9, 5. This battel betweene Mi- cael & his Angels, y e battel betwene Gods peo- ple & those that are not, thos battels of Chtians must be burneing, and what is it, but y e burneing of y e worde of God, accompanyed by y e Holy Goast, this prophisied of in Mai. 4, 1, ye day shal come yt shal burne like an ouen, & al ye wiced shal be stuble, &c. this is y e terible day of ye Lorde, when the gospel is thus helde forth, this [is] a terible day to al those yt doe not obey y e Gospel of Ch. Bretheren, we know that y 6 whore must be burnt, Reu : 18, it is not shaueing of her heade, & paireing her nails, & changeing her rayment, that wil serue y e turne, but this whore must be burnt. Many speake of y e ex- 17 ternal burneing of Rome, but I am suer there must be a spiritual burneing, & y* burneing by y e fier of y e Gospel. This way must Antech be consumed. 2 Thes : 2. why should we not further this fier, who knoweth how soone those Jues may be conuirted, Keu : 18. 19. chap, after y e burneing of y e whore follows Alleluia, a praiseing of y a Lorde in Hebrue ; we knowe not how soone y conuirtion of the Jues may come, & if they come, they must come by y e downefal of Antech, & if we take him away, we must burne him, therefore neuer feare combustions & burneings. Ob : Lastly it may be obiected ag 4 thos curn- bats & fightings, if minesters & Chtians be soe downeright, & soe striue & contende, & houlde forth y e worde of God, w th such violens & power, this wil be a meanes to discorage those y l are weake Chtians, & doe them a greate deale of hurte. A : Let y e Gospel be neuer soe clearely helde forth, it neuer hurteth y e childeren of God, noe it doth them a greate deale of good, y* same very fier of the worde, y* burneth vp al vnbeleefers, & al vnder a couenant of workes, y* Gospel doth exceedingly cleare Gods childeren. Mai : 4, 2. then y e sonne of righteousnes shal come w th healeing in his wings, &c. & in Math. 3, Ch when he handeleth y e gospel, he layeth y e axe to y e roote of y e tree, & what followeth heare- vpon, he will purge his flore, layeth y e axe to y e roote, & cuteth downe al hipocrits, & those yt builde vpon any thinge besids Ch, & then he wil purge his Church, & gather y e wheate into y e garner, true beleuers wil come in; vn- beleuers & hipocrits, chafie wil be al burnt vp : soe y e same Gospel y* is a worde of terror to wiced men, is a greate cumforte to all that be- leeue in y e Lorde Jesus Ch. 4 18 3. Thirdly, if we meane to keep y e Lorde Jesus Ch, we must be wiling to suffer any thinge, yow knowe in 12 Keu : 11, the saints of God ouer came, & ouer came by y e bloode of y e Lambe, y' is, by y e Lorde Jesus Ch, & worde of y e testi- mony, y* is, the Gospel, & they loue not there Hues to death, y* is, if we wil ouercome, we must not loue our liues, but be wiling to be killed like sheepe ; it is vnpossible to houlde forth y e truth of God w>h external peace & quietnes, if we will p r uaile, if we be cauled, we must be wiling to lay downe our liues, & shal ouercome by soe doe- ing ; Samson slew more at his death, then in his life, & soe we may puaile more by our deathes, then by our liues. 4. ffburthly, if we wil keepe Ch, we must con- sider y* we can not doe any of this, by any strength y* is in our selues, but we must consider y* it is y e Lorde y* must helpe vs & acte in vs, & worke in vs, & y e Lorde must doe all. When as Zerobabel & Joshua & y e people came out of cap- tiuity to builde y e temple, they al take there rest, & leteth y e temple alone, til y e Lorde come & stirre vp y e spirit of Zerobabel & Joshua & y e people, & then they falle of building : soe (bretheren) we may thinke to doe greate matters ; and lye quiatly & calmely, & let y e enymies of y Church doe what they wil, till y e Lorde stirre ve vp; ye Judges stired not, till the spirit of God came vpon them, & then they did wonderful things, soe in some measure we must looke for ye spirit of y e Lorde to come vpon vs, & then we shal doe mighty things thorow y e Lorde, it is y e Lorde himselfe y 4 must effecte & doe all : this for the first exhortation, not to suffer the Lorde Jesus Ch to be taken violently away from vs, wheresoe euer we Hue, we shall finde some y * goe vnder a cou- enantof workes,& those are enymies to Ch, & y e 19 flesh will luste ag'y" spirit, &c. Gal : 5, 17, & soe we shal finde it in our spirits, those y* are in y e flesh, mind the things of y e flesh, Kom : 8, 5 ; there- fore, wheresoe euer we are, we shal haue Ch taken away from vs by violence, if y e Lorde be not pleased to giue vs to use those meanes. Vse 2. The second vse of exhortation, wey 4 are vnder a couenant of grace, let vs all haue a caire soe to carry our seines y* we may haue y e psens of the Lorde, y l he may not depte from vs ; for if y e Lorde depte, then we shal haue cause of morne- ing indeede. Y* we may carry and behane our selues, as yo Lorde Jesus Ch, who is amongst vs, y* he may stil be more & more p r sent w th vs. 1. We must haue a spetial caire, in the first place, y* as any of vs is interested w* the gospel, soe to deale faithfully in the despenceing of it, whether we be in place or not in place, whether bretheren or sisters, being maide ptakers of the grace of God, being maide stuards, we are to be founde faithful, therefore let vs haue a caire to deale faithfully, & hould forth ye truth, as it is in the Lorde Jesus Ch, & then we shal finde ye Lorde to be p r sent wth V s, Math : 28, 28. Be- hould I am w th yow, if y teach y*, y* he hath comanded, he wil be w te them, therefore in y e feare of God haue a caire, y' we do renounce y e hidden things of dishonesty, & we doe not vse any deceate. Let vs not be as some y* doe cor- rupte y e worde, but as in senserity, in y e sight of God, as in Jesus Ch : soe let vs speake, let vs all haue a caire to hould forth Ch, & not runne into general yties. If Ch vanish away in a cloude, y e saints of God stande gaiseing, & haue sad harts, when we are to houlde forth any truth, let vs deale faithfully in this kinde, & ye Lorde wil be abundantly p r sent, we shal finde he shal be a Saueour where soe euer he cometh either of life or death, & if we be faithful in a few things, he wil make vs rulers ouer many, Math. 25 : there- fore if we meaue to inioy y e p r sence of Ch, & stil to haue more of y e Lorde Jesus Ch, & haue Ch to come and say, good & faithful seruant, & be- stowe more of his p r sens amongst vs, let vs be faithful in despenceing any worde of truth. 2. Secondly, let vs haue a caire, al of vs, yt we loue one an other ; this is my comandement y* ye loue one an other, as I have louedyow,Uoh. 3,23 : y e Lorde Ch delighteth in a loueing people, when the saints of God loue one an other, and are wil- ing to lay downe there Hues one for an other, y e Lorde delighteth in it, Ch was loueing when he was vpon the earth, if the desiples were in danger at any time, he came & supported them, & helped them, when they were poased by the scribs & pharises sometims he came & answered for them. Act 2, 15. sum mocked at them, then Peter stepeth vp & sath, thos are not drunke as ye suppose, he loued them and answered for them. Moses seeing an Egiptian striueing w th his brother, he came & killed him. Act. 7, 24, 25, 26 ; soe Ch puteth into his people a loueing spirit, therefore let vs haue a caire y* we doe not allienate our harts one from an other, because of diuers kindes of expressions, but let vs keepe y 6 vnity of the spirit in the bonde of peace, let vs haue a caire to loue one an other, & then y e Lorde Jesus Ch wil be stil more & more p r sent. 3. Thirdly, let vs haue a caire that we doe shew our semes holy in all maner of good con- uirsation, 1 Pet. 1, 5, both in priuat & publique, & in all our carriges & conuersations, let vs haue a caire to indeuour to be holy as y Lorde is j let vs not giue ocaytion to those y* are comeing on, or manyfestly opposite to ye waies of grace, to susspect y e way of grace, let vs cary our selues 21 that they may be ashamed to blaime vs ; let vs deale vprightly w th those with home we haue ocaytion to deale, & haue a caire to guide our famylis, & to pforme duties y* belonge to vs; & let vs haue a caire y* we giue not ocaytion to others to say we are libertines, or Antenomens, but Chtians ; let vs expresse y e vertue of him y' hath cauled vs, & then he wil manifest hisp'sence amongst vs, John 14, if yow loue me I wil many- fest my selfe to yow ; he wil crowne his owne worke w th his p r sence, he wil come into his gar- den, & eate of the pleasant fruts : therefore let vs carry our selues, soe y l we may haue no cause of mourning, for if ye Lorde be absente, there is cause of morneing. Vse. 3. The third vse for reproofe, & first it serueth to condemne al such as in there fastings & dayes of humiliation doe principlely & aboue al seeke for blesseings to be poured, & euels to be remooued, and this is y' that they are first carryed vnto, this is not y e maine matter, y maine matter is, the absens of y e Lorde ; therefore if we wil doe as we ought to doe, and pforme this duty aright way, we must first of all be carryed vnto the Lorde Jes. Ch : they may pcure greate blesseings frome y e Lorde, & yet ye Lorde neuer accept of them, they may pray to y" Lorde, & fast & humble themaelues, & y Lord may heare them & pdon them, & turne away his wrath ; & yet for all y 4 , neuer saue them, how did the Lorde carry himselfe towards the people of y Jues, yow know the Lorde gaue them his p r sence in the wildernes, & gaue them an extraordinary signe of his p r sence, they had a piller of fier by night & cloude by day, & the Lorde did cause y a angel of his p'sence to goe before them, & gaue them his good spirit to instructe them, Isa. 63. & yet for al y*, y body of them was hipocrits, & 22 ye Lorde sware in his wrath, y' they should neuer enter into his rest, what is ye matter, they pcure vnto themselues things from God & y e blesseing of God ; but they did not get y e Lorde himselfe, they had ye Angel of Gods p r sence to goe before them, they had not y_ e Lorde Jesus Ch in them, they had y j spirit to instructe them, but not y- spirit to dwel in them, they pcure to themselues blesseings from y.- Lorde, but they neuer get the Lorde of blesseings; therefore al those y l doe turne vnto those blesseings in y e first place, & doe not first of al turne vnto the Lorde, wil neuer be maide ptakers of y j Lorde. 2. The second sorte to be condemned, are all such as doe set themselues ag* y Lorde Je. Ch. such are y e greatest enymies to y e staite y t can be, if they can haue there wils, yow see what a lamen- table estaite both church & coman welth wil be in, then we haue neede of morneing, the Lorde he cannot indure those y* are enymies to himselfe & people, & vnto y good of his church, such shal neuer be able to p r uaile ag 1 the Lorde. What wil be the end & Issue, doe yow thinke, if peo- ple doe set them selues ag 4 the waies of grace & y e Lorde Jesus Ch? this wil be y e Issue of it, those that oppose y waies of grace, & resist the truth, they shall waxe worse & worse, 2 Tim. 3, & they may happily pseede a great way, but y time wil come that they shal goe noe further, & by reason of y e agitations of things, it wil come to passe, y* y e truth wil be cleared, & there follye wil be manyfested to al men, soe sath ye Apostle; it is a harde thinge to kicke ag' the pricks. Act. 9, 5, who soe euer striueeth ag* y" Lorde can not psper ; if men or women doe fame vpon y e Lorde Jes. Ch they breake, but if y Lorde Jes. Ch doe faule vpon them, he wil breake them all to pouder, if any faule vpon Ch, & they 23 will not let Ch alone ; but faule vpon them w ck houlde him forth, & wil abuse them, & be buffet- ing y e Lorde Je Ch, there is neuer a stroke they giue, but maketh wounds in their consciences, but if they wil be heaueing out Oh, they shal finde it y e heauiest stone that euer was, it wil faule & breake them all to pouder, if people set themselues ag 4 y e Lorde, & ye waies of grace, & his truth, this wil be y e issue of it on there pte, either those yt set [them] selues ag* y e waies of God, y a wil be put to silence by y e light y* cumeth from Ch., y l they wil be soe conuinsed, y* they shal not be able to speake any more in there cause, as Ch put downe those that came ag* him, y l they durst aske him noe more ques- tions, & there cumeth such a power from y e worde helde forth by y e saints of God, y* it wil strike a feare into there harts y' oppose it. What ailest thou, Jordan, y* y e fluds goe backe, tremble thou earth at y e p r sens of y e Lorde, y ft that cum to take Ch, they fel backe, there cumeth a deuine EDwer from y e Lorde, & turneth them al backe, y e orde wil strike w t!l trimbleing those y* cum ag 1 Jerusalem, or if they be not put to silence, it wil come to passe in time, they wil fanle into wonderful stronge passions, & wil quaril w f h y saints of God : it was y e caise of Zedekiah & Micaiah, y e question was w ch of them had y a spirit of God, he came & smott y e pfet vpon the cheeke, but God's spirit is noe smiteing spirit. Steuen conuinsed y e Jues, & did by y e power of y e Holy Goast, euidence his cause to be y e cause of God, and y" were not able to resist y e spirit by w ch he spake, & they al came <% runne vpon him, why doe yow resiste y e Holy Goaste ? what maketh y" sin ag 1 j'~ Holy Goaste, but enlighten- ing, & seting them selues ag 4 y e waies of truth, & psecuting it in malis & wrath j it is a feareful 24 thing to faille into y hands of y e liueing God. Heb. 10, 31, for our God is a consumeing fier, Heb. 12, 29, let euery one (in the feare of God) haue a caire, how they set themselues ag* y truth & waies of God, & y e waies of Jesus Ch, for we must al appeare before y e Judgement seate of Ch.2Cor. 5, 10. Vse 4. The last vse shal be for consolation, (howsoeuer this be a day of humiliation, yet y* apprehention of Gods grace, and mercy, & good- nes, it worketh y e kindlyest humiliation, sins are to be considered & looked vpon, but sins ag' y e God of grace may melte one : in y 1 day I will power vpon them y e spirit of grace, & they shall morne, &c. Zack: 12, 10. therefore y 8 last vse shal be for consolation,) & it may serue to cum- forte the childeren of God, wf> doe houlde forth y e Lorde Jesus Ch, & doth desier y 1 y e Lorde Je Ch might be receiued into churches, into phamy- lies, into y e harts of y e people of God. (breth- eren) those y 1 walke this way, are y e greatest freinds vnto y e church & vnto coman welth ; they intende, & labour, & indeauour to bringe hi y e Lorde Je Ch, & if Ch be p r sent, there wil be noe greate cause of fasting & morneing: there- fore let me (in y e name of God) incorage al those y 1 houlde forth the waies of grace & doe indeau- our to make knowne y e Lorde Jesus Ch. Breth- eren & Sisters endeuour to bringe Cli into y e harts of people, & then yow shal make y e Church happie, & yo'selues shal be happie ; lifte vp yo r heads ye gaits, &c. Psal. 24, 7, bringe the Lorde Je Ch not onely into thy howse, but into thy chamber of him y* did beget yow, endeauour it for this is God's way, & it is a way to bringe peace & happynes, both to church & coman welth. Secondly, it may cumforte y e saints of God in 25 this respect, y 1 seeing y' the Lorde Je Ch his absence is y e cause of fasting & morneing, this is a cumforte to ye childeren of God, y* cum what wil come, they shal be in a happy estaite, they shal be blessed, suppose those that are Gods childeren should loose there howses, & lands, & wiues, & freinds, & loose y e actings of y e gifte of grace, & loose y ordenanses, yet they can neuer loose ye Lorde Je Ch ; this [is] a greate cumforte to Gods people : suppose the saints of God should be banished, depriued of al the ordenanses of God, y' were a harde caise (in sum respect) for we had better pte w th al, then y e ordenanses; but if y e ordenanses should be taken away, yet Ch can not, for if John be banished into an Hand, Reu. 1, 9, 10, & y e spirit cum vpon him on y e Lord's day, there is amends for the ordenan- ses, amends for banishment, if we loose ye or- denanses for God, he wil be ordenanses to vs. Therefore let y e saints of God be incoraged, though they should loose al they haue, yet they being maide one in Ch, & Ch dweling in there harts by faith, they may be pswaded noethinge can seperate them from Ch. Rom. 8, 38, 39: therefore let y e saints of God reioyse y* they haue ye Lorde Je Ch, & there names written in y e booke of life, be glad & reioyce, for greate is yo r rewarde in heauen. NOTES By the Publishing Committee of the Massachusetts Historical Society. I. The original manuscript of Wheelwright's Sermon, or what has sometimes been supposed to be the original (though we have not been able to compare it with any of Wheelwright's known writing), is in the archives of this Society. From some memoranda upon one of the blank leaves, It appears to have once been in the possession of John Coggeshall, one of Wheelwright's contemporaries and adherents. It originally contained forty-two pages, the first eight of which are now wanting. There is, however, a complete transcript of the Ser- mon, in an ancient hand, among the Hutchinson manuscripts in the library of the Society. In the copy which has been made for the press, the original has been followed ; and the part wanting in that has been sup- plied from the ancient transcript referred to. This differs from the original principally in its orthography. The sermon was preached on a fast-day appointed by the General Court of Massachusetts to be held on the 19th of Janu- ary, 1636-7. Dr. Palfrey thinks it was delivered at Mount- Wollaston Church, which was then a branch of the Boston First Church ; but from the Brief e Apollogie in defence of the Court (probably written by Winthrop), printed in the Short Story, p. 52, it seems certain that it was preached in Bos- ton. Dr. Lunt thinks it by no means improbable, that Wheel- wright preached it to his own congregation at Mount- Wollaston in the forenoon, and repeated the substance of it at the Boston Church in the afternoon, after Cotton had concluded his dis- course. For the preaching of this sermon, Wheelwright was adjudged by the Court " guilty of sedition." Winthrop tells the story thus : " Mr. Wheelwright, one of the members of ' Boston, preaching at the last fast, inveighed against all that 1 walked in a covenant of works, as he described it to be, viz. 'such as maintain sanctification as an evidence of justification, ' &c. and called them antichrists, and stirred up the people 'against them with much bitterness and vehemency. For ' this he was cal led into the court, and his sermon being pro- ' duced, he justified it, and confessed he did mean all that 1 walk in such a way. Whereupon the elders of the rest of the ' churches were called, and asked whether they, in their min- ' istry, did walk in such a way. They all acknowledged they " did. So, after much debate, the court adjudged him guilty " of sedition, and also of contempt, for that the court had ap- " pointed the fast as a means of reconciliation of the differences, " &c. and he purposely set himself to kindle and increase them," &c. Scarcely more than a brief allusion to the famous " Anti- " nomian controversy in Massachusetts " can be made in this note : and we would refer those interested in this subject to Savage's edition of Winthrop's History of New England ; Ellis's Life of Anne Hulchinson, in Sparks's American Biog- raphy ; and Palfrey's History of New England. See also Lunt's Two [Bi-centenaryl Discourses delivered September 29th, 1839, at Quincy.* Mr. Savage, who read this Sermon, over forty years ago, while editing Winthrop's History, unhesitatingly declares (i. 215), that its character " was not such as can justify "the court in their sentence for sedition and contempt," &c. Dr. Palfrey, who gives a long extract from it on page 479 of the first volume of his History, thinks that " the composition is " of that character which is common with skilful agitators. "Along with disclaimers of the purpose to excite to physical "violence, it abounds in language suitable to bring about that " result," &c. A tract entitled, A Glass fnr the people of New England, .... By S. G. [room], evidently a Quaker, published in England in 1676, contains some extracts from this sermon ; from which it is inferred that it continued to circulate in manu- script for many years. Dr. Palfrey (History of New En- gland, i. 480) discovered that one passage in the Glass, there attributed to Wheelwright, is not contained in the Ser- mon, but is the conclusion of Vane's Brief e Answer, to Win- throp, in Ilutchinson's Collection of Original Papers, 82, 83. II. The fast was appointed by the General Court to be held on " the 19th of the llth month, being the 5th day of the weeke, "Thursday" (Mass. Col. Records, i., 187.) But the 19th of January, 1636-7, came on Tuesday. Winthrop (History, I., 213) says the fast was kept on the 20th, which was Wednesday. It was probably kept on Thursday, the 21st, that day of the week being usually selected, at that period, for such occa- sions. The date placed at the head of this transcript of the discourse was probably not copied from the original, or was in- correctly copied. * We beg to add to these works one which the Committee has not seen fit to notice. DAWSON'S Life and Times of Anne Hutchinson, published in New York, in 1856. ED. HIST. MAG. II. SIR NATHANIEL RICH BY JOHN WARD DEAN, ESQJI., OF BOSTON. SIR NATHANIEL RICH. I have received from Joseph L. Chester, Esq., of London, England, an abstract of the will of Sir Nathaniel Rich, who was prominent in American Colonial enterprises.* He was knighted, at Hatton House, the eighth of Novem- ber, 1617, and appears, from this will and its probate, to have died in November, 1636. There is little doubt that he was the Knight of this name who was one of the Plymouth Com- pany to whom the Patent, on the third of No- vember, 1620, was granted ;f and I presume he was the patriot member of King James I.'s third Parliament, mentioned by Hume,$ for Mr. Ches- ter writes me that he has found but one Sir Na- thaniel Rich in the best and fullest lists of the Knights of Elizabeth, James I. and Charles I. Garrard, writing to the Earl of Strafford con- cerning Sir Henry Vane's emigration to New England, says : " I hear that Sir Nathaniel Rich " and Mr. Pym have done him much hurt in " their persuasions that way." In 1627, Sir * Calendar of British State Papers, Colonial Series, vol. i., under the years 1623 to 1636. \ Hazard's State Papers, i., 106. t History of England, chap, xlviii. I) Stratford's Letters, 1., 463, quoted by Forster in the Lives of Eminent British Statesmen, (since reprinted under the title of Statesmen of the Commonwealth of England,) vol. iv. Nathaniel Rich represented Harwich in the En- glish Parliament*. My interest in this person arose from the fact that he held the gift of the living of Stondon Massey, in Essex, where Rev. Nathaniel Ward was Rector, and probably nominated him to the Rectory, as he certainly did his successor, Rev. Anthony Sawbridge. Perhaps it was through his influence that Mr. Ward's son, John, (after- wards minister of Haver hill, Mass.,) was presented to the Rectory of Hadleigh, in the same County, vacated by Rev. Mr. Sawbridge ; which living was then in the gift of the Earl of Warwick, a namesake and relative of Sir Nathaniel, and his associate in Colonial affairs, whom he names in his will. As the will contains matters of interest to American readers, I think the subscribers to the HISTORICAL MAGAZINE will be gratified to see Mr. Chester's abstract printed in full ; and I send it to you for the purpose. Mr. Chester thinks that Sir Nathaniel's nephew, whom he made his heir, was Colonel Nathaniel Rich, the well-known Parliamentary officer. ABSTRACT OF THE WILL REFERRED TO ABOVE. Sir Nathaniel Rich, Kt. ; will dated 2 Dec. 1635 ; appt. sole executor the Rt. Hon. the Lord Mandevill, and desire to be buried in the parish church of Stondon in Essex, a monument to be erected not to exceed 50 or 100 marks in value; my sisters and brothers in law and their chil- dren and all my servants to have mourning. I give my manor of Stondon and all my lands in Essex to my nephew Nathaniel Riche, when * Davids's Annals of Evangelical Nonconformity in Es- sex, 141. 3 21, in the meantime my Exors, to receive the rents &c and allow him 80 per an. for his edu- cation at the University of Cambridge, and then at Lincoln's Inn, it being my desire that he should study and profess the law. I give the profit of seven of my shares in the Barmudas, now called the Soiner Islands, to my sister Grimsdiche and her husband for their lives, if they will go and inhabit upon them, and 150 to transport themselves and children. I give one other share to my nephew Robt. Browne, now residing in said Somer Islands, he having one share left him by my sister Wroth, lately deed.; another share to [blank], another son of my sister Brown deed., who hath been hitherto edu- cated by my noble friend the Countess of Leices- ter, mother to Sir John Smith ; the residue of my shares there I give for the maintenance of a free school in those islands "my desire is that some of the Indian children, to be brought either from Virginia or New England or some other Continent of America, such as my Exor. ' shall think fittest, may be brought over there to ' be instructed in the knowledge of true religion." " I give to Nathaniel Browne now in New En- ' gland with Mr. Hooker the 200 which by my ' sister Morgan's will was bequeathed unto him, and 50 more as my own gift, which 250 I ' would have Mr. Hooker employ during the ' minority of the said Nath 1 Browne for and to- ' wards his education" ; to Samuel Browne, another son of my said sister Browne 100 to be employed for him during his minority; my Rectory of Nevernein Pembrokeshire to be sold; to Thos. Grimsdich, eldest son of my brother Grimsdich, now in the isle of Providence, 40 per an., which my Lord of Warwick is to pay during his life; to Thos. Allaby my servant 100 ; to Jonas Anger 10 per an. for life out of my manor of Stondon ; to John [blank] my footman 10 in money and 40 s. per an. for life ; to Mr. Jesopp I have given 50 ; to my noble Lord of Warwick 500 as a testimony of my humble affection &c.; to my Lord the Earl of Holland & his Lady, each 100 ; to my Lady Essex Cheeke 50 ; my diamond ring(my sister Wrothe's legacy) I give to my brother Wrothe ; another Emerald ring to my dear & most vertu- ous friend Mrs. Mary Moore, widow ; to Lady Mandevill, an annuity of 180 ; my library, books & papers to Lord Mandevill ; I give the Lady Warwick's picture to the Lord Rich her son; to Mr. Wharton, minister at Felsted in Es- sex 30 in testimony of my thankfulness for his care in the education of my nephew Nathaniel Riche ; " to my dear friend Mr. John Pym my " best gelding and a ring of 20, which I desire "him to wear for my sake;" to my cousin Mrs. Martha Willford 20 for a ring. This will reaffirmed and declared to be his last will &c 28 Oct. 1636. Codicil dated 10 Nov. 1636 ; to my servant Wm. Jessopp all the adventures that 1 have in the stock of the Company of Marchants of the City of London trading into the East Indies, also the tenantcy of the farm in Stondon called Brook's tenement ; my apparel to be distributed among said Mr. Thos. Gnmsditch, Thos. Allaby & Wm. Jessopp. Proved 1 December 1636 by Edward, Viscount Mandevill, the Exor. named. III. JOURNAL OF LIEUT. THOMAS ANDERSON, OF THE DELAWARE REGIMENT, 1780-1782. From the Original Manuscript belonging to the Mary- land Historical Society. ANDERSON PAPERS. 1780 Miles May 6 th , March'd from Wilmington to Newark, 11, " 7 th March'd to the Head of Elk, 7 " 8 th Set Sail from the Head of Elk in Company With 50 Sail of Vessels being the Second Mary- land Brigade destined for Pe- tersburg in Virginia at Which place the Sloop I was in ar- riv'd On the 23 d Sailing in all 350 " 30 March'd off from Petersburg and Encampt at Rockaway Meeting House 5 " 31 March'd to Jones Bridge 17 June I 8t March'd to Commissary Lambs, Brunswick, Co " 2 d March'd to Shorts Ordinary June 3 d March'd to Stoney Creek 18 " 4 th March'd to Taylors Ferry On the Roanoke Crossed and En- campt On the its Banks 8 " 6 March'd into Granvill County N Carolina 18 7 March'd to Genl Parssons 10 485 July 25 th , This day Genl Gates took Com- mand Aug 12 th March'd this day and lay all night On our arms 6 " 13, March'd to Rudgeleys mill 16 " 15 March'd this night & met the enemy 7 " 16 About One 0,clock in the morn- ing met With the enemy at Suttons farm and drove back their advanced guard "We then Halted and Formed the Line of Battle and lay On Our arms Un- till day light at Which time the enemy advanced and Charg'd Our left Wing Where the mili- tia Was formed Who give Way Which give the enemy an op- portunity of turning Our left flank & got in Our rear, The action Soon became desperate and bloody for some time but We Were Obliged at last to give Way With the loss of all Our Artillery & Baggage The loss of Our Regiment in the action Was Lieut Col Vaughn, Major Patten, Captains Sear- mouth, & Rhodes, Lieuts Pur- vis, Duff, Skillington & Roche, With Seventy rank & file Our marches On the retreat Such that I Can give no particulars untill We arrived at Salisbury in North Carolina On the twenty first but Computed them at 123 3 Aug 24, March ; d & Cross'd the Yadkin river at the old trading Ford 7 March'd from thence to Guil- ford Court House & lay a few days 30 March'd from thence to Hills- borough Where We Came up With the remains of Our army With Genl Gates 45 205 793 998 Oct 7 This day there Was three Com- pys of light Infantry Chosen out of army the first Commanded by Capt Brewin of the Virginia Line the Second by Capt Kirk- wood of the Delaware in Which I served as Lieut, the third by Capt Brooks of the Maryland- ers and the Whole by Col Morgan " 8 th Began Our march and arrivd at Salisbury the 15 instant 95, (Here I Omit 3 marches amount- ing in miles to, 41 " 23 d March'd to Six mile Creek and join'd the militia under the Command of Genl Davidson 16 " 25, moved Our encampment in front of the militia this place is Within 15 miles of Charlotte While We lay at this place Col Morgan Reced his Commission as Brigadier from Congress, 1 1153, Nov 4, This day Genl Morgans Light Infantry With Col Washing- ton's Cavalry March'd down towards Rudgeleys Within 13 miles of Camden to reconiter the Enemy and return'd to Camp On the 9th Inst March'd 100 " 22 d This day the Maryland Division arrived here, 27 The army under the Comd of Genl Gates march'd to Char- lotte to Huts, " 28 Received Orders to hold our- selves in readyness to March at a Moments Warning accord- ingly left Our tents Standing With all our Sick behind and March'd to 12 Mile Creek This Creek is the line between North & Sonth Carolina from thence We March'd to the Hanging Rock, Where the -Infantry re- main'd Whilst Col Washington With his Cavalry Went down to Col Rudgely's and With the de- ception of a Pine top took the Garrison Consisting of One Coin, One Major, three Captains, four Lieuts, One hundred rank and file, From thence Return'd to Camp With the Prisoners and 1253 arrived On the 2 nd Decbr 100 Deo 6 th Genl Green took Command of the Southern army in the room of Genl Gates Who was recall'd. " 17 march'd to Charlotte 15 21'* Was join'd With two Compys from the Maryland line Com- manded by Capt8 Dobson, & Anderson and March'd to Big- gers Ferry On the Catawba river Dec 22 d Crossed the Kiver and march'd 1447 17 Before day Reced Information that Col Tarlton Was Within Five Miles of us With a Strong Body of Horse and Infantry Whereon We got up and put Ourselves in Order of Battle by day Light they Hove in Sight Halted and FornVd the Line in Full View as We had no artillery to annoy them and the Genl not thinking it prn- dent to advance from the ground We had form'd, We look'd at each other for a Considerable time, about Sunrise they began the attack by the Discharge of two pieces of Cannon and three Huzzas advancing briskly On ourriffelmen that Was posted in front Who Fought Well Dis- puting the ground that Was between them and us, Flying from One tree to another at last being forst to give ground they fell back in Our rear the Enemy Seeing us Standing in Such good Order Halted for Some time to dress their line Which Outflanked ours Considerably The then advanced On boldly under a Very heavy fire untill the got Within a few yards of us but their line Was So much longer than ours the turii'd our Flanks Which Caused us to fall back Some Disstance The Enemy thinking that We Were broke set up a great Shout Charged us With their bayonets but in no Order We let them Come Within ten Or fifteen yards of us then give them a full Volley and at the Same time Charged them home They not expecting any Such thing put them in Such Confusion that We Were in amongst them With the Bayonets Which Caused them to give ground and at last to take to the flight But We followed them up so Close that they never Could get in Order again untill We Killed and took the Whole of the Infantry Prison- ers, At the Same time that We Charged, Col Washington Charged the horse Which Soon give Way We followed them ten miles but not being able to Come up With them Returned back to the field of Battle that night and lay amongst the Dead & Wounded Very Well pleased With Our days Work March this day 20 1467 1781 Jany 18, March 7 d off With the prisoners for the Catawba River arrived at it On the 23 d Inst being, 100 Febry 1 st The Enemy under the Cornd of Earl Cornwallis Crossed the River below Where Genl Da- vidson With Some of the South Carolina Militia Was posted, Killed the Genl and Some of the men Which Caused us to March for Salisbury for fear that the Would get between us and our army Which Was on the Way for Guilford We ar- riv'd at Co 1 Locks before day every step being up to our Knees in Mud it raining On us all the Way 30 1597 I here Omit the Journal from Febry 1 st to March 13 th Con- taining Some interesting par- ticulars & going over marches to the amount of 441 miles Which added to 1597 makes, 2038 Febry 14, March'd Within three miles of Guilford Court House, 8 " 15, Commenced the action of Guil- ford between the armys Com- manded by Genls Green & Corn- wallis in Which a number 8 Were Killed on both Sides Genl Green drew off his army With the loss of all his artil- lery Out of our two Companies We had Lieut Huffman Killed & Ensign Vaughn Wounded March'd 16 Febry 16 March'd to M r James Landers Farm 3 " 19 Marched to M r Simmons Farm, 6 Here I omit many pages and distances to the number of 964 miles and begin at Ihe end of miles of marching 3035 This brings the Journal to the date of August 27 th 1781 Aug 27, March'd to Capt Howells On the Congaree 18 " 28 This day March'd to Goodwins Farm and joind Col Washing- ton in the Evening We Were informed that the Enemy had left Col Thompsons and Were on the way towards Charles- town 5 " 31" March'd to Howells Ferry Where our army had Cross'd, This day the Genl received in- formation that the Enemy had march'd from the Center Swamp On their route for Charlestown Which Occasioned the Horse With our Infantry to return to our former Quarters 12 Sept, 4, Crossed the Congaree at Cnl- SBppers Ferry and Encamped n M r Johnsons Farm 15 9 Sept, 5 March'd and Encampt With the main army at Everett's Creek 14 " 6 th March'd to half way Swamp 6 " 7, March'd Within Seven Miles of the Eutaw Springs Where the British then lay Commanded by Col Stewart 20 " 8 This morning Our army Was in motion before day light With a Determination of fight- ing We march'd in the follow- ing Order Viz The South and North Carolina Militia in front Commanded by Genls Marion & Pickins having Col Lees horse and Infantry On their Right Flank and the State Horse and mounted Infantry On their left, The Second line Was Composed of the North Carolina Regulars, Virginia and Maryland Troops having two three pounders be- tween the North Carolinians & Virginians and two Six pound- ers between the Virginians and Marylanders Col Washington's Horse With our Infantry Were the Corps de reserve, In this order We march'd down to ac- tion Coming Within three miles of the enemy's encampment We Overtook a rooting party of 60 men returning in With Potatos most of Whom Were either Killed Or taken We met With no furthur opposition until We Came Within One mile of their encampment Where their 10 front line Was formed We soon brought on the action Genl We drove their first and Second lines took upwards of 500 pris- oners besides 300 they left dead On the field of action The enemy took shelter in a large brick House At this time Our men Were so far spent for Want of Water and Our Continental Of- fiers Suffered So much in the action rendered it advisable to Genl Green to draw off his troops With the loss of two Six pounders, Major Edmunds of the Virginians joined us in the British Encampment With a Small Number of Men Keep- ing up a Smart fire for a Small Space of time Finding Our 3125, army had Withdrawn made it necessary for us to Withdraw likewise We brought of* One of the Enemys three pounders Which Was performed With much difficulty thro a thick Wood for near four miles With- out the assistance of any but one horse We got to our en- campment that We left in the morning about two 0,clock in the afternoon, We Were Or- dered back to take post about One mile in front (march'd this day 14 Sept, 10 th Received intelligence that the * So spelt in the original. 11 Enemy had left the Eutaw Springs the night before and Was on their Way towards Monks Corner We march'd af- ter them as far as Mr. Martin's Within 17 miles of the Corner halted, (march'd) 20 Sept, 12 Returned back as far as Whist- ling George's, 6 " 13 March'd to Widow Floods On the Santee river, 14 Sept, 14 March'd With the army to the road leading to Lawrences Ferry On the Santee river, Left them & march'd to M r Cald- wells farm at the Half-Way Swamp 19 3198 [Here I omit many miles of marching He & Capt Kirk- wood appear to have Set out On their return home Febry 11,1782,1 find the following entries in the Journal & Cer- tain marches on their return Which I omit but give the last of the entries WA] 1782 Febry 10, Our Company join'd us " 11, Capt Kir kwood Set out With us On his way Home to the State Lay all night at Genl Parsons, 20 " 12 March'd to Capt Summervilles 25 4342 [With the Omisions these 12 marches bring us to 4342 miles WA] March 27, March'd to Northumberland Court House When there Was a Genl Muster of the Militia Went a,board of a boat bound for the Head of Elk Comd by Capt Brewer in the Cone river Sailed down to the mouth of the river and Went ashore at M r Croleys 16 " 28 Made Sail after night With a fair Wind got near Patuxent and Was drove back by Con- trary Winds into the Cone again Went to M r Croleys Sailed this night, 30 April l t March'd to Yaucomoco Went aboard of M r Mithaneys Ferry Boat Cross'd the Potomack to Pine Point When We parted for the night Capt Kirkwood and Lieut Platt Went to Parson Sebastains, Lieut Campbell & myself to M r Crane's State of Maryland, 22 " 2 d Cross'd the Patucksin at Jun- ipers Ferry and lay all night at M r Summer Villes, 25 3 d March'd to M r Smiths 23 " 4, Cross'd the South river at Browns ferry, Came to Annap- olis after night put up at M r Middletons Tavern, April 5 Cross'd the Severn river at the Town and March'd to Balti- more Staid at M r Poes Capt Hamiltons quarters, 30 13 April, 7, Went aboard of the Packet bound for the Head of Elk Com- manded by Capt Simpson be- fore Night landed at French town march'd to Newark Del state 4513 IV. THE FCEDERALIST, No. LXIII. THE ORIGINAL DRAFT, BY MR. JAY. From the original manuscript, found among " the family paper of Chief-Justice Jay ;" furnished by his grandson, John Jay, Esq., of the Jay Homestead, to the Editor of Thi Fcedtraliit, Edit. Morrisania, 1864 ; and subsequently presented to the New York Historical Society. INTRODUCTORY NOTE. This paper will interest our readers, because FIRST: It will illustrate how little foundation, in fact, there was for General Alexander Hamilton's pretensions, in his own copy of the work and in the Benson Manuscript, that HE waa the author of this paper. SECOND : It will serve to illustrate how little reason, in fact, Mr. John C. Hamilton's publisher had, when, in the Prospectus of The Federalist, "edited by John C. Hamilton," he said, " A preliminary Essay will leave little doubt as to the title of " Hamilton to the Essays designated by HIMSELF as his own, " by the hand of the Editor of this edition, under the imme- " diate personal direction of his father." American Literary Gazette and Publishers' Circular, December 15, 1863. THIRD: It will serve to illustrate the entire correctness of Henry B. Dawson, the Editor of The Federalist, when, in his published Prospectus for the Morrisania edition of that work, he said, " In the preparation of this edition of The Federalist " the subscriber has been favored with copies of the family " papers relative thereto of General Hamilton and Chief- " Justice Jay ;" and the entire incorrectness of Mr. John Jay, of the Jay Homestead, in his published letter to Mr. Henry B. Dawson, dated February 14th, 1864, when he asked, while con- troverting the above, " What family papers of Jay or of Ham- " ilton, touching The Federalist, had you when you wrote the " Prospectus, or have you now ? I GAVE YOU NONE SUCH, FOB " THE REASON THAT I HAD NONE TO GIVE." FOURTH : It will serve to illustrate the views of the elder John Jay concerning some features of the Republic and some of the provisions of its Constitution ; while it will serve, also, to illustrate how far the present generation have wandered from the paths of the Fathers, and how much confidence can be safely reposed in its teachings. HENRY B. DAWSON. THE FCEDERALIST, No. LXIII. It is unhappily the law both with Respect to Measures and to Persons that their opponents seldom confine their Censures to such things only as are worthy of Blame unless on this Principle it is difficult to account for the Conduct of those who condemn the proposed Constitution in the aggregate, and treat with Severity some of the most unexceptionable articles in it The 2 Sec. gives Power to the President " by and with y e Advice and consent of the Sen- " ate to make Treaties provided two thirds of the " Senators present concur The power of making Treaties is unquestiona- bly a very important one, especially as it relates to War Peace & commerce, and should not be delegated,* without such precautions [in the mode of constituting themrf] as that the Nation may have the highest Security w h the Nature of the Case will admit of, that it will be exercised by men the best qualified for the * The word " delegated " is interlined over the words, ' vested " in any man or Body of Men," erased. The importance of this change in Mr. Jay'g mind, concerning the status of the proposed " Congress of the United States," and concerning the character of its authority, will not be lost sight of by the care- ful reader. ED. HIST. MAO. h The words in Italics were subsequently erased. ED. HIBT. MAO. 6 purpose, and in the Manner most conducive to the public good The framers of the con- stitution appear to have been [particularly]* attentive to both these Points. They have di- rected the President to be chosen by select bodies of Electors to be convened for that express pur- pose, and have referred the appointment of Sen- ators to the State Legislatures. This mode has, in such Cases, vastly the ad- vantage of Elections by the People in their col- lective Capacity, where the activity of Party Zeal taking advantage of the Supiness the Ignorance the Hopes and the Fears of the unwary & inter- ested! frequently places Men in Office by the Votes of a small Proportion of the Electors, [and Men too with whom the great body of Electors have not always Reason to Tie satisfied ]$ as the State Electors for President as well as the State Legislatures, will in general be com- posed of the most enlightened and respectable Citizens, there is [the highest]^ Reason to pre- sume that their appointments to these [^m&]|| national offices will be [<&seree]l[ judicious, or in other Words that the Federal** President & Sena- * The subsequent erasure of the word "particularly" indi- cates very clearly the limited respect which Mr. Jay had for " the proposed Constitution ;" and it will be yet more apparent when the four preceding words " appear to hare been " are read in the same connection. ED. HIST. HAG. t This sentence originally read " in their collective Capaci " ty> where the Supiness of many and the activity of Party " Zeal operating on the Ignorance the Hopes and the Fears of "Men." ED. HIST. MAO. t The words in Italics were subsequently erased. ED. HIST. MAO. <) These words were subsequently erased. ED, HIST. MAO. II Subsequently erased. ED. HIST. MAO. U Erased. ED. HIST. MAO. ** The word " Federal " interlined the importance of which, as an after-thought of the writer, will not be lost sight of by the careful students of his character and opinions. ED. HIST. MAO. tors [so chosen]* will be men who had become eminently distinguished by their Virtue and Tal- ents nay so exceedingly cautious and attentive were in Convention in providing for this object, that by excluding Men und 35 from the first of- fice, and under 30 from the second, they have confined the Electors to Men of whom the People have had Experience, and with Respect to whom they will be in no Danger of being deceived by those brilliant appearances of Genius and Pa- triotism which like transient Meteors sometimes mislead as well as dazzle From the manner in which they are to be ap- pointed it is reasonable to infer that the power of making Treaties will be exercised by [the most]\ able and honest Men [to be found in the Country, U. S.]$ for if the observation be just that wise Kings will always be served by able$ Ministers, it is natural to presume that as an assembly of select Electors possess in a higher Degree than Kings the means of extensive and accurate Information relative to Men [$ tfieirlll Characters, so hi the same Degree will their appointments be in general more discreet, and judicious. The Presid 4 & Sen ra ^[ so chosen will doubtless be of the number of those in each State who best * Subsequently erased. ED. HIST. MAO. t The words in Italics were subsequently erased. ED. HIST. MAO. $ It is evident from the style of the erasure that Mr. Jay first erased the word " Country " and substituted for it the initials of the United States ; and that he subsequently erased the amendment, together with the fire preceding words, as indi- cated by the Italics. ED. HIST. MAO. $ The word " able " written over " wise," erased. ED. HIST. MAO. II Erased. ED. HIST. MAO. TT The preceding words of this paragraph were interlined over the words "Such men," erased. ED. HIST. MAO. 8 understand its Interests, whether considered in Relation to the other States or to foreign Na- tions ;# and we must suppose that the members from each State however well disposed to pro- mote the general good of the whole, will yet be still more Strongly disposed to promote that of their immediate Constituents altho the absolute Necessity of System in the conduct of any Business is universally known & acknowledged, yet the high Importance of it in national affairs has not yet become sufficiently impressed on the public mind. They who wish to commit the power under Consideration to a popular assembly composed of Members con- stantly coming and going in quick Succession, seem not to recollectf that such a Body must necessarily be inadequate to the Attainm* of those great objects which require to be steadily contemplated in their various Relations and Cir- cumstances, and which can only be approached and atchieved by Measures which not only Tal- ents but accurate Information & often much lime are necessary to concert and to execute It was wise therefore in the Convention to pro- * In revising this paragraph for the Press, Mr. Jay seems to have entirely changed his views and thus expressed them in their revised form : " The inference which naturally results ' from these considerations is this, the President and Senators ' so chosen will always be of the number of those who best un- 'derstand our National Interests, whether considered in re- ' lation to the several States or to foreign Nations, who are ' best able to promote those interests, and whose reputation ' for integrity inspires and merits confidence." Federalist, No. LXIII. Ed. Morrisania, 1864, i., 447. May we not hope to receive, from some one who knows all about Mr. Jay, the information which will enable us to judge whether or not this change was effected by his intercourse with Messrs. Hamilton and Madison his associates in The Federal- ist rather than from his owu, unassisted " sober second- " thought." ED. HIST. MAO. t The words "to recollect" are written over "to be ap- " prized," erased. ED. HIST. MAO. 9 vide not only that this power sh d be exercised by the ablest men, but also that they should con- tinue in Place a sufficient Time to become well acquainted with our national Concerns, and to form and introduce a System for the Manage- ment of them by this Provision they will be in Capacity to make daily additions to their Stock of political Information and be enabled by ex- perience to render it more & more beneficial to the Country nor did the Convention manifest less prudence in so prescribing for the frequent Election of Senators* in such a way as to obvi- ate the Inconvenience of periodically committing those great affairs to new Men unacquainted with their exact Situation & circumstances, forf by leaving a considerable Residue of the old ones in place uniformity and order as well a constant Succession of Information from the first to the latter Members, will be preserved It will not be denied that the affairs of Trade and Navigation should be regulated by a System * The words "in so prescribing for the frequent Election of " Senators " are written over the following words, erased, " in " directing the manner prescribed for periodical Recall of a " certain Proportion of the Senators for thereby the Right & " Expediency of frequent Elections are secured to the People. The careful student will readily perceive from the above, the drift of Mr. Jay's mind concerning the tenure of the Senatorial office, under ' the proposed Constitution" Envoys, even or- dinary agents, are sometimes " Recalled *' by their Principals, Sovereign or Subject : who has ever heard of the " Recall " of a Sovereign, such as the Senate has more recently assumed to be, by a " People " who, in that case, could have been only his Subjects ? He will perceive, also, that Mr. Jay saw no differ- ence, in fact, between a direct Election by " the People," and an Election by the Legislature, as its Agent and Representative. He speaks, therefore, of " the frequent Election of Senators," as by " the People," itself, notwithstanding " the People," in proper person, has nothing whatever to do with such elections. ED. HIST. MAO. t The word "for" is interlined over " but on ye contrary," erased. ED. HIST. MAG. 10 wisely formed and steadily pursued It is also well known that whatever may be the System our Treaties with foreign Nations as well as our Laws on the Subject sh d be conformable to it It is highly important therefore that this con- formity sh d be preserved; and the Convention by making the Concurrence* of the Senate ne- cessary to both have taken effectual Care that our Treaties & our Laws shall always harmonize and unite in promoting the attainment of the same national! objects Let it also be remembered that in forming Treaties of Peace and [Treaties]^ of Commerce & particnlary the former, it often happens that perfect Secrecy and immediate^ Dispatch are re- quisite There are Cases when the most useful|| Intelligence may be obtained provided the Par- ties possessing & conveying it have no Reason to apprehend a Discovery whether those Parties be influenced by mercenary or by friendly Mo- tives will make but little Difference, for in either Case a Discovery might be equally fatal to them It is not rash to presume that there are many of both Descriptions who would rely on the Secrecy of the President, but who would not confide in that of the Senate, and still less in that of a large popular Assembly The Convention have done well therefore in so disposing of this power of * The last eight words originally read as follows " pre- " served Of this the Convention appears to have been ap- " prized, for by making the Concurrence " etc. ED. HIST. MAO. t The word "national" written over " interesting," erased. ED. HIST. MAO. t Erased. ED. HIST. MAO. 4 "Immediate " is written over " great," erased. ED. HIST. MAO. II The words " the most useful " are interlined, evidently to take the place of " of great Importance " which originally fol- lowed " Intelligence," and were erased. ED. HIST. MAG. 11 making Treaties, as that altho the president must in forming them act by the Advice and Con- sent of the Senate ;# yet he will be able to man- age all affairs of secret Intelligence in the Way which Prudence and Circumstances may suggest The Propriety of these Remarks might be illus- trated by Facts well known to many but which it would not be advisable to render more public. They who have turned their attention to the Affairs of men well know that there are Tides in them Tides exceedingly irregular in their Duration,! Strength and Direction, and seldom found to run twice exactly in the same manner and measure. To Discern^ and profit by these Tides in national affairs, is the Business of those Politicians who preside over them$ in doing this Days and even Hours are often precious, and Despatch indispensable The intervening Death of a Prince, the removal of a Minister, in short the least change in the present posture of affairs may give a favorable Tide an opposite Course.ll as in the Field so in the Cabinet there are moments to be seized as they pass ; neither our Governors or our Generals should be restrained from improving them^f we have in more In- * In the sentence " altho the president must in forming " them act by the the Advice," etc., the words in Italics are in- terlined over "is restrained by," erased. ED. HIST. MAO. t Originally "is a Tide in them a Tide exceedingly irreg- ular in its Duration," etc. ED. HIST. MAO. t " Discern" interlined over " observe,'' erased. ED. HIST. MAO. Q''Them" interlined over "nations," erased. ED. HIST. MAO. II The words " give a favorable Tide an opposite Course " are interlined over " terminate this Tide forever." ED. HIST. MAO. IT This sentence originally read thus : "seized as they pass ; " and in such Cases consequently the Power of improving " such fortunate Seasons, should no General should not be ' restrained from improving them." The words in Italics were subsequently erased. ED. HIST. MAO. 12 stances than one, suffered exceedingly from the De- lays inseparable from our present Gov* and we have much Reason to rejoice that the proposed Constitution has so well provided ag' them for many preparatory and collateral Measures rela- tive to Negociations may be taken by the Presi- dent and when such as require the Concurrence of the Senate occur, he may at any time convene them Thus does the constitution give to the formation of Treaties all the disadvantages of Secy and Despatch on the one Hand and of de- liberate Council on the other But to this Plan as to all others that have ever appeared in the World, [without excepting even those which descended from heaven]* objections have been contrived and urged. Some object because the Treaties so made are to have the Force of Laws, and therefore that the Makers of them will so far have legislative power This objection is a mere play on the word legislative Is not the Commission of the King of Great Britain to a Judge or a general as valid in Law and as obligatory on all whom it may concern, as if the Judge or the General had been commissioned by Act of Parliament? If the People from whom only civil Power can be derived think it expedient by their Constitu- tion to give to a King the power of issuing such Commissions, they must be as much bound by such royal acts, as they are by those acts which they authorize their Legislature to pass.f [The People of america knowing that they would have occasion to make Treaties or Bargains with * The words in Italics were subsequently erased. ED. HIST. MAO. t In the published Essay the reference was changed from the King of Great Britain to the Governor of New York. ED. HIST. MAO. 13 other Nations appoint certain men in their Name to make those Bargains for them again the People of america knowing that Laws regulating their general affairs would be necessary, think proper to appoint certain otJier Men to make such Laws then surely in the one Case as in the other the acts of these Men must have equall\* Whatever name therefore be given to the obli- gation of Treaties or whether the making them be called the Exercise of legislative or any other kind of authority certain it is that the people have a Right to dispose of the power to make them as they think expedient & when made conformably to the power delegated must be valid and inviolable Others seem uneasy that Treaties are to be the sup.f Laws of the Land. It is not easy even to suspect Gentlemen of being serious when they profess to believe and insist that Treaties like acts of assembly should be repealable at our will & pleasure a Treaty is only another name for a Bargain or a Contract, and have no Reason:): to expect or hope that any Na- tion or any private Man of Common Sense can be found, who would consent to make any bargain with us which so far from being mutu- ally binding, should by us be carved, and con- strued, extended, contracted or annulled just as [the Wisdom or Convenience of] our Legislature or Legislatures might think most convenient and advantageous. * This entire paragraph was subsequently erased. ED. HIST. MAG. t Supreme. ED. HIST. MAO. t Originally, " and have we any Reason," etc. ED. HIST. MAG. <) The words in Italics were subsequently erased. ED. HIST. MAO. 14 They who make Laws may without doubt repeal them and it is equally true that they who make Treaties may alter or annul them but we are not to forget that Treaties are made not by one of the contracting Parties but by both, and consequently that as the Consent of both was essential to make them at first, so must it ever afterwards be to alter or cancel them * The proposed constitution therefore has not in the least extended the obligation of Treaties they are just as binding and just as far beyond the lawful Reach of legislative acts now as they will be at any future period or under future Gov'f Altho now useful Jealousy may be a republics Qualification (virtue it never was nor will be) yet when like Bile in the natural too much in the Body politic, the Eyes of become very liable to be deceived by the delusive appearances which that Malady gives to surrounding ObjectsJ Will the President and Senate make Treaties with an equal Eye to the Interests of all the States will not the two thirds often be tempted to oppress the remaining third [will not the Influence of the eastern fy middle States generally preponderate in that Body]$ are these Gent, made * The latter part of this sentence was originally In these words : " But we are not to forget that Treaties are made not " by one of the contracting Parties but by both, and conse- "quently the same Consent of both to make them at first, will "forever afterwards be necessary to alter or cancel them." ED. HIST. MAO. t The latter part of this sentence was originally in these words: " They were just as binding and just as far beyond " the Reach of legislative acts before the Convention convened " now as they will be at any period or any Govt whatever." ED. HIST. MAO. t This sentence was evidently constructed with great diffi- culty ; but the erasures and interlineations are so many and so disconnected that nothing can be done with them. ED. HIST. MAG. t> Subsequently erased. ED. HIST. HAG. 15 sufficiently responsible for their Conduct ? if they act corruptly can they be punished ? and if they make disadvantageous Treaties can we get rid of such Treaties [27iese and similar Questions are may be answered with as much It is easy to ask Questions, and objections put into the form of Questions, is as easy a TFoz/]* Such questions really betray an undue Degree of Jealousy every objection to the foederal Con- stitutionf w h they imply may at least with equal force be applied to that of this State. Will the Gov r & Legislature of New York make Laws with an equal Eye to the Interests of all the Counties will not the majority often oppress the minority. are these Gentlemen made sufficiently responsible for their Conduct if they act corruptly can they be punished and if the commissioners make disadvantageous Treaties [with the Indians]^ or Bargains with the Indians or others can we get rid of them as all the States are represented equally in the senate which is to vote per Capita, they will all * Subsequently erased. ED. HIST. MAO. t The words " foederal Constitution " in this portion of the original Manuscript is peculiarly interesting in view of the persistent efforts which have been made by John C. Hamilton, George T. Curtis, and John J;iy to impeach the integrity of The Federalist, edited by Henry B. Dawson, on account of its rendering of the word " Federalist " after the manner of the authors of that work ; and it effectually disposes, if such addi- tional testimony wai actually necessary, of their unsupported denials that " PUBLIUS," the distinguished authors of that work, thus spelled the word, and thus openly recognized the Union as " a firm League of friendship," and its Constitution as sup- plementary rather than subversive of the Articles of Confed- eration and Perpetual Union. John Jay the elder, it will be seen, considered the Constitu- tion for the United States a " federal Constitution ": John Jay the younger, and those who have acted with him, may safely read his teachings, and having learned the truth on this subject, follow his example, by telling it. ED. HIST. MAO. t Erased. ED. HIST. MAG. 16 have an equal Degree of Influence there, espe- cially if they are careful to appoint \their best men]* proper persons to that Body, ana insist on their punctual attendance. In Proportion as the united States assume a national Form and a national Character, so will the good of the whole become more and more an object of attention ; and the Gov 1 must be a weake one indeed if it should forget that the good of the whole [can only consist of the combined]* cannot be promoted without attending to the good of each of the parts or Members which compose the whole. It will not be in the power of the President and Senate to form any Treaty by which they & their Estates and Families will not be equally bound and affected with Rest of the Community, and hav- ing no private interest distinct from that of the Nation they will be under no temptations to neglect the latter as to corruption the Case is not supposable a man must either have been very unfortunate in his Intercourse with the world, or possess a Heart very susceptible of such Impressions : who can think it probable that the President and two-thirds of the Senate will ever be capable of such unworthy Conduct The Idea is too gross and too black to be entertained But even in such a Case if it sh d ever happen the Treaty so obtained from us would like all other fraudulent Contracts be null and void by the Law of Na- tions With Respect to the Responsibility of the President and Senate, it is difficult to conceive how it could be increased Every Consideration that can influence the human mind, such as Honor, oaths, Reputation, the Love of Country, * Erased. KB. HIST. MAO. 17 and domestic affection & attachments [insure}* afford Security for their Fidelity as the Constitution has provided that they shall be Men of Talents and Integrity we have good Keason to be persuaded that the Treaties they make will be as advantageous as all Circumstan- ces considered could be expected [Besides such Individuals among them as may now]* and so far as the Fear of Punishment and Disgrace can operate, that motive to good Behaviour is amply supplied and afforded by the article on the Sub- ject of Empeachments [In short no Plan If Talent and Integrity, if political Information respecting the State of things at Home and abroad, if Secrecy fy Dispatch and the benefit of joint Counsels be desirable]* In short as this Plan appears at least in The- ory to have greatly the advantage of any that has yet appeared it certainly merits a fair Trial. * Erased. ED. HIST. MAO. V. SUGGESTIONS FOR A CONSTITUTION FOR THE STATE OF NEW YORK. BY EGBERT BENSON AND Rurus KING. From the original manuscript in the possession of M. M. Jones, Esq., of Utica, N. Y. SUGGESTIONS FOR A CONSTITUTION FOR THE STATE OF NEW YORK * 1. That the exception of Murder out of the general Power to the Governor to grant pardons to persons convicted of crimes shall cease 2. That the Article in the Constitution whereby Ministers of the Gospel or priests of any denomi- nation may not hold any civil or military office shall cease 3. That the office of Lieutenant Governor shall cease and the Senate shall choose their own Speaker 4. That in case of vacancy of the Office of Governor the Legislature shall forthwith convene [in suc?i manner as shall be provided for by law] and a quoram of both houses appearing, they shall form themselves into a joint meeting and having adjudged that a vacancy has happened they shall proceed to elect by Plurality of Votes, by Ballot, a Governor for the residue of the * In the original, the body of the paper is in Mr. Benson's hand-writing, while Mr. King's suggestions are interlined. In this copy, the latter are in Italics and enclosed in brackets. ED. HIST. MACK period for which the Governor last in office was elected 5. That every Male Citizen of the United States of full age resident within this State, and who shall have had his home or place of abode in the town, ward or other place where the election shall be held for the space of one whole year [Eleven Calendar months] immediately preced- ing it shall be entitled to vote at every election for public officers within this State 6. That the Governor shall be elected for four years 7. That the provision in the Constitution for dividing the Members of the Senate into Classes shall cease, and the Seats of all the Members shall become vacant on the same day in every fourth year 8. That the Members of the Assembly shall be elected for two years 9. That it shall always be in the discretion of the two Houses, having met during the first of the two years for which the Members of the Assembly shall have been elected, whether they shall by a special adjournment over, meet again during the second year 10. That the Legislature shall cause the State to be divided into districts equal in number with the Members of Assembly to be denominated Assembly Districts, and also into districts equal in number with the Members of the Senate to be denominated Senate Districts and the Several Districts to contain an equal number of Electors, as near as may be ; and a Member of Assembly shall be elected in each Assembly District, and a Member of the Senate in each Senate Dis- trict. 11. That the Legislature shall at certain periods of not less than ten, nor more than fifteen, years, cause a Census of the Electors to be taken, and thereupon if appearing requisite to a due Apportionment of the Representation in the Legislature cause the State to be divided into Districts anew 12. That the period for which a Chancellor, or Judges of the Supreme Court or first Judge of the County shall hold his office shall be extended to seventy years of age 13. That the Legislature may in their discre- tion from time to time divide the State into Districts to be denominated Judicial Districts, assigning a Court of Chancery and a Supreme Court with a district Chancellor and district Judges for each District 14. That on the first division the persons at the time in office as Chancellor, or Judges of the Supreme Court, shall severally, by force of their Commissions, become Chancellor or Judges of the Supreme Court respectively, in one or other, of the Districts according to such distribution of them as the Governor shall appoint 15. That the present Court for the Correction of Errors shall on such division cease, and the Chancellors and Judges of the Supreme Courts of the Judicial Districts, and the Members of the Senate of the Degree of Counsellor at Law in a Supreme Court, shall become the Court for the Correction of Errors 16. That the Chancellor, or Judges of the Supreme Court from whose Decree or Judgment the Appeal or Writ of Error shall be, shall not be deemed precluded from having a voice for its Affirmance or Reversal 17. That the Council of Appointment shall cease, ahd all Officers, Civil and Military, other than those directed to be otherwise appointed shall be appointed by the Governor 2 18. That, with the Exception of the First Judges, the Legislature may in their discretion, vest in the Court of Common Pleas, or Boards of Supervisors, or other public bodies, in the several Cities and Counties the appointment of Sheriffs, Coroners, Clerks or other City or Countyo fficers 19. That the Court for the trial of Impeach- ments shall cease 20. That in the Cases where the Office is held during good behavior the Senate and Assembly may by Concurrent Resolution, declare their sense that it is not expedient a person in Office should continue therein and thereupon the Com- mission to such person shall cease, but such Resolution shall always originate in the Assem- bly, and a Majority of two thirds of the respec- tive Houses, shall be required to pass it, and the Motion for it in the Assembly shall always be made without Assignment of Cause, and the question on it afterwards in each House be accordingly taken without debate 21. That the Council of Revision shall cease, but no Bill shall pass the House in which it shall originate, and no amendment thereto from the House to which it may have been sent for concurrence, shall be agreed to, unless by a Majority of two thirds. [ADDRESSED THE HON BL RUFUS KING, Jamaica, Queens County POST MARKED, CAZENOVIA, AUG. 17, 1821] VI. THE UNITED STATES OF AMERICA. BY SEU-KI-YU, GOVERNOR OF FUH-KIEN, CHINA. Translated from the original Chinese, at the United States Legation at Pekin, and communicated to the HISTORICAL MAGAZINE, for publication, BY THE DEPARTMENT OF STATE OF THE UNITED STATES. CORRESPONDENCE. DEPARTMENT OF STATK, WASHINGTON, 26th June, 1867. HENRY B. DAWSON, Esq re , Morrisania, New York. DEAR SIR: In the absence of the Secretary of State I have to acknowl- edge the receipt of your letter of the 22 nd instant, inquiring as to the genuineness of a statement in regard to a translation of a Historical sketch of the United States by Seu-Ki-Yu, a Chinese writer, and in reply to inform you that such a translation was communicated to this Department from the Legation of the United States in China. I inclose a correct copy thereof and a copy of a dispatch which was addressed to Mr Burlingaine on the subject, to which is prefixed an explanatory statement. Very truly yours, F. W. SEWARD, Assistant Secretary. [INCLOSUKES.] 1. EXPLANATORY STATEMENT. It appears that Seu-Ki-Yu was, from 1844 to 1850, Governor of Fuh-Kien. During that time he wrote and published, in the Chinese language, a work on Universal Geography, giving an account of the establishment of America by Washington. For this publication, so favorable to the Western Powers, some of which were then in collision with China, and so favorable es- pecially to the United States, Seu-Ki-Yu was dismissed from office by the Emperor Hien-Fung, on his accession to the throne of China in 1850. His work and his sacrifices for the truth of history were made known to the Government at Washington by the late Charge of the United States at Pekin, Mr. Williams. Through the ef- forts of the legation, the Imperial Government reversed its sentence of proscription against Seu-Ki-Yu, and recalled him into its employment as a member of the Foreign Office of the Government. J^The Secretary of State presented him with a portrait of Wash- ington. 2. LETTER FROM THE SECRETARY OF STATE TO MK. BTJELINGAME. IT. 8. MINISTER TO CHINA. DEPARTMENT or STATE, WASHINGTON. January 21. 1867. SIR: Mr. S.Welles Williams, in a dispatch, No. 16, and in an unofficial letter of the 22d of February last, invited my at- tention to the fact that his Excellency' Seu-Ki-Yu, a distin- guished Chinese statesman, then recently appointed to the For- eign Office, had in various ways manifested a liberal and friendly appreciation of the importance of amicable relations between the United States and other Western Powers and China, and that he had written an eulogy upon the life and character -of George Washington, which reflects great credit upon the author. When these facts became known to me they afforded me the liveliest satisfaction, and I thought it might be agreeable to his Excellency to possess a faithful portrait of the subject of his eulogy. I have accordingly caused an exact copy* to be made by one of our most skillful artists of the original likeness, painted by Gilbert Stuart from life. This copy, suita- bly framed, will be forwarded to your address by the first con- venient opportunity, for presentation by you in such a man- ner as may seem most appropriate, to his Excellency, Seu-Ki- Yu, as a mark of the high appreciation entertained of the wis- dom and virtue which have justly entitled him to the exalted station which he has attained. I am, Sir, your obedient servant, WM. H. SEWARD. ANSON BURLINGAME, Esq r . * The copy was made by Henry C. Pratt. Esq re , of Boston Mass. UNITED STATES OF AMERICA.* America is a vast country. Owing to its mer- chant ships carrying a variegated flag, it is usu- ally known at Canton as the Hwa-ki-kwoh, or Flowery Flag Nation.f It is bounded on the North by the English territory, and on the South by Mexico and Texas ; its Eastern border lies along the Great Western ocean, while its West- ern is on the vast ocean, a distance of about Ten thousand li,$ lying between them. From North to South the distance is between Fivs thousand and Six thousand li in the widest parts, and from Three thousand to Four thousand li in the narrow- est. The Apalachian range winds along its East- ern coast, and the great Rocky Mountains enclose its Western borders, between which lies a vast level region many thousands of miles in extent. The Mississippi is the chief of its rivers. Its sources are very remote, and after running more than a myriad li in serpentine course, it joins * It is also called Collected Nations of America, United League Nations, Confederated Countries of America, and United all States, (i. ., these different Chinese names have been used.) t This flag is an oblong banner, with red and white stripes alternating ; in the right-hand corner is a small square of a black color, wherein are drawn many white spots arranged in a form resembling the Constellation of the Dipper. | This is a vague expression for a vast distance ; three li are usually reckoned to equal an English mile. Translator's Note. 2 the Missouri river, and the great united river flows on South to the sea. The other celebrated rivers are the Columbia, Mobile, Apalacbicola, and Delaware. Great lakes lie on theNorthern border towards the West. They are divided from each other by Four streams, and are called Iroquois, or St. Clair, Huron, Superior, and Mich- igan. To the East lie Two others, Erie and Onta- rio, which are joined to each other. These to- other form the boundary between the United tates and the British possessions. It was the English people who first discovered and took North America, and drove out the abo- rigines. The fertile and eligible lands were set- tled by emigrants moved over there from the Three [British] islands, who thus occupied them. These emigrants hastened over with a force like that of the torrent running down the gully. Poor people from France, Holland, Denmark and Sweden, also sailed over to join them, and as they all daily opened up new clearings, the country continually grew rich in its cultivated lands. High English officers held it for their Sovereign; and as cities and towns sprung up all along the coasts, their revenues were collected for his ben- efit. Commerce constantly increased in extent and amount, so that thus the inhabitants rapidly became rich and powerful. During the reign of Kemburg (A. D. 1736- 1796) the English and French were at war for several years, during which the former exacted the duties throughout all their possessions, in- creasing the taxes more than previously. By the old tariff, for instance, the duty on Tea was levied when it was sold but the English now required that another tax should be paid by the buyer. The people of America would -not stand this, 3 and in the year 1776 their gentry and leading men assembled together in order to consult with the [English] Governor how to arrange this matter; but he drove them from his pres- ence, dispersed the assembly, and demanded that the tax be collected all the more strictly. The people thereupon rose in their wrath, threw all the Tea in the ships into the sea, and then consulted together how they could raise troops to expel the British. There was at this time a man named Wash- ington, a native of another Colony, born in 1732, who had lost his fatber at the age of Ten, but had been admirably trained by his mother. While a boy he showed a great spirit and apti- tude for literary and martial pursuits ; and his love for brave and adventurous deeds exceeded those of ordinary men. He had held a military commission under the English, and during the war with France, when the French leagued with the Indians, and made an irruption into the Southern provinces, he led on a body of troops and drove them back; but the English General would not report this expeditious operation, so that his worthy deeds were not recorded (for his promotion). The people of the land now wished to have him to be their leader, but he went home on plea of sickness and shut himself up. When they had actually raised the standard of rebellion, however, they compelled him to become their General. Though neither troops nor depots, neither arms nor ammunition, stores nor forage, existed at this time, Washington so inspirited everybody by his own patriotism, and urged them on by his own energy, that the proper Boards and Depart- ments were soon arranged, and he was thereby enabled to [bring up Jiis forces} invest the cap- ital. The British General had intrenched some marines outside the city, when a storm suddenly dispersed his ships. Washington improved the conjuncture by vigorously attacking the city, and succeeded in taking it. The English then gathered a great army, and renewed the engagement. Ho lost the battle completely, and his men were so disheartened and terrified that they began to disperse. But his great heart maintained its composure, and he so rallied and reassured his army that they renewed the contest, and victory finally turned in their favor. Thus the bloody strife went on for Eight years. Sometimes victorious and some- times vanquished, Washington's determination and energy never quailed, while the English General began to grow old. The King of France also sent a General across the sea to strengthen the tottering States. He joined his forces with those of Washington, and gave battle to the British army. The rulers of Spain and Holland likewise hampered their military operations, and advised them to con- clude a peace. The English at last could no longer act freely, and ended the strife in the year 1783, by making a treaty with Washington. According to the stipulations, the boundary line was so drawn that they had the desolate and cold region on the North, while the fertile and genial Southern portions were confirmed to him. Washington, having thus established the States, gave up his military command for the purpose of returning to his farm, but the people would not permit him thus to retire, and obliged him to become their ruler. He, however, pro- posed a plan to them as follows : " It is very self- " ish for him who gets the power in the State to " hand it down to his posterity. In filling the u post of the shepherd of the people, it will be " most suitable to select a virtuous man." Each of the old Colonies was thereupon formed into a separate State, having its own Governor to direct its affairs, with a Lieutenant Governor to assist him,* each of whom held office for Four years.f At the general meeting of the people of his State, if they regarded him as worthy, he is permitted to hold his post during another term of Four years,! but if not, then the Lieutenant Governor takes his place. If, however, the lat- ter does not obtain the approbation of the people, another man is chosen to the dignity when his time has expired. When the head men of the villages and towns are proposed for office, their names and surnames are written on tickets and thrown into a box. When everybody has done so the box is opened, and it is then known who is elected by his having the most votes, and he takes the office. Whether he has been an official or is a commoner, DO examination is required aa to his qualifications ; and when an officer vacates his place he becomes in all respects one of the common people again. From among all the Governors of the separate States one Supreme Govwnor [or President] is chosen, to whom belongs the right to make Treaties and carry on War, and whose orders each State is bound to obey. The manner of his elec- tion is the same as that for a Governor of a State. He holds his office Four years, or, if re-elected, * Sometimes the Lieutenant Governor Is a single officer ; in other cases several persons aid the Governor. t They are also changed biennially and sometimes annually. t When he has held the office for Eight years he cannot be re-elected. for Eight. Since the days of Washington (who died in 1799) the country has existed Sixty years ; there have been Nine Presidents, and the present incumbent [Tyler] was elected from Virginia. When Washington made peace with the Brit- ish he dismissed all the troops, and directed the attention of the country entirely to agriculture and commerce. He also issued a mandate say- ing : " If hereafter a President should covetously " plot how he can seize the forts or lands of " another kingdom, or harass and extort the peo- " pie's wealth, or raise troops to gratify his per- " sonal quarrels, let all the people put him to " death." He accordingly retained only Twenty national war vessels, and limited the army to Ten thousand men. The area of the country is very great, and every one exerts himself to increase its fertility and riches. The several States have all one ob- ject, and act together in entire harmony; the other nations of the world have therefore main- tained amicable relations with the United States, and have never presumed to despise or encroach on them. During the Sixty years that have elapsed since peace with England there has been no internal war, and their trade has increased so that the number of American merchantmen re- sorting to Canton yearly is second only to those of Great Britain. It appears from the above that Washington was a very remarkable man. In devising plans he was more daring than Chin Shiug or Hang Kwang. In winning a country he was braver than Tson Tsan or Sin Pi. Wielding his four- foot falchion, he enlarged the frontier myriads of miles, and yet he refused to usurp regal dig- nity, or even to transmit it to posterity ; but, on the contrary, first proposed the plan of elect- ing men to office. Where in the world can be found a mode more equitable ? It is the same idea in fact, that has been handed down to us [the Chinese] from three reigns of San, Shun and Yu. In ruling the State he honored and fostered good usages, and did not exalt military merit, a principle totally unlike what is found in other kingdoms. I have seen his portrait. His mien and countenance are grand and impressive in the highest degree. Oh, who is there that does not call him a hero ?# * ChingShing and Hang Kwang were two patriotic generals, who endeavored to overthrow the Tsin dynasty, (B. C. 208,) and restore the feudal system, and establish their own prince in his stead. Tsan Tsan and Sin Pi were rival chieftains, (A. D. 220.) the first of whom destroyed the great Han dynasty, and the second, after surviving all his own efforts to uphold it, founded a small State himself in the west of China. The four- foot falchion is an allusion to the celebrated sword of Sin Pan, the founder of the Han dynasty, (B. C. 202,) with which ho clove in twain a huge serpent that crossed his path. The Three monarchs, Yan, Shun and Yu, were among the earliest Chinese rulers, (B. C. 235T-2205,) and were chosen to fill the throne on account of their virtues. THE ORIGIN M'F I N G A L BY HON. J. HAMMOND TRUMBULL. PRESIDENT or THE CONNECTICUT HISTORICAL SOCIETY. MORRISANIA, N. Y. 1868. INTRODUCTORY NOTE. The following paper, originally published in THE HISTORICAL MAGAZINE, for January, 1868, has been reproduced in this form for the use of the Author and his friends. H. B. D. MORRISANIA, N. / JOHN TRUMBULL, the author of M'Fingal, after his admission to the bar in Connecticut, 1 prosecuted the study of law at Boston, in the office of John Adams, from November, 1773, till September, 1774, During this period, as the 1. For the Life of Trnmbull, see the Memoir prefixed to the Hartford Edition of his Poetical Works (1820, two vol- umes, octavo), EVEEEST'S Poets of Connecticut, and DUYOK- INCK'S Cyclopcedia of American Literature, i. 308-312. The following Notes, preserved by President Stiles in his Itinerary [MS.], make a considerable addition to what the poet has elsewhere told us of himself and to the gleanings of his biographers : " Memoirs Juo. Trumbull Esq., Poet. (Ex ore John Trum- " bull, May 14, 1783.) " 1750, Apr. 24 N. S. born at Westbury " [now Watertown}. " Ml 2. Began Primer and learned to read in half-year, " without school. Mother taught him all the primer " verses, and Watts' Children's Hymns, before [he could} "read." "^Et. 4. Read the Bible thro' before 4. About this time " began to make Verses. First poetry [he read was} " Watts' Lyrics, and could repeat the whole, and the " only poetical book he read till set. 6. " -7Ta>i PT.UTAEOH : Alexander. "Cry Havock, and let slip the dogs of war." Su.vKrGrsASE. IN 1656, John Eliot. thesApostle to the Indians, appealed to the Commissioners of the United Colo- nies for the appointment of some agents "in the " Massachusetts to promote anclfonvard the worke "among the Indians; both in respect of theire ' ' gou r mcnt &Incurriging meet Instruments or their " further healp and Instruction." The Commission- ers, conceiving the said Indians to belong to the jurisdiction of the Massachusetts, referred the matter, with power, to the wisdom and care of that government. The next topic of consideration is so graphical- ly stated in the Act by which it was disposed of, as to need no further comment by way of intro- duction. The reader may refer it to any branch of the " Indian worke " of that generation which he may "thiiike uieete." d YX/"HERAS it was p r sented to the Co- ** " missioners by M r hollihock of " Sprinkfield that Mastiffe Doggs might " bee of good vse against the Indians in "case of any desturbance from them which "they Reddily apprehending thought meet " to comend the same to the seuerail " Generall Courts to take care and make " prouision thereof accordingly." Ply- mouth Colony Records, x., 168 ; Hazard^ ii., 359- A marginal note in the Plymouth Colony Records is "this to be propounded to our Court." Doubtless the "severall Generall Courts" did act with due promptness and discretion in the prem- ises, but we find no traces in the published records of any separate action at that time. It had been the practice previously for the town au- at any rate not restricted to the particular towns. Whether the "Hunt Serjeant' 1 ' 1 was the highest in command, when the "hunt was up," is a question which we are unable to solve, and must refer to those who have access to the original documents in the Archives of the State. We have heard Mr. Bancroft speak of having met with accounts of parties going out against the Indians, "double- " doyged." We have met with a L,TW of the Province ' ' con- " corning dogs," which is interesting .and perhaps unique in the history of American Legislation although it may have its parallel in later provis- ions of Southern Codes for improvement of the means of hunting for fugitive slaves. It was passed at the October Session of the Great and Gen- eral Court, 1706 ; and appears among the printed Laws of that period. The first Act of the Session was " An Act for " Maintaining and Propagating of Religion." It re-inforccd, by suitable enactments, the previous laws for securing to all the towns in the Province, an "able, learned and orthodox " ministry, witli a view to rendering the said Laws more effectual, thoritics to procure hounds for the use and at the expense of the towns. The object was to improve all means for the destruction of wolves; and no dog could be kept without the approbation of the Selectmen, who were also authorized to quart- er the town dogs on any of the inhabitants they should choose, excepting Magistrates, who could keep dogs of their oven or decline to board the public dogs, at their pleasure. From the character of the proposition of ' ' Mr. "hollihock," it is apparent that the use of their hounds against Indians, was a novelty in 1G56 at any rate was not a general custom, however successful it might have been previously in private practice. There is no room for doubt, however, that the suggestion was " improved," or that these four-footed auxiliaries played an important part in the long Indian Wars which fill so much of the Colonial and Provincial history of the Country. The business was reduced to a system, and an organization is indicated, in subsequent legisla- tion, which employed officers whose jurisdiction appears to have been general in the Frontiers, or and "to prevent the gro-\yth of Atheism, Irrelig- " ion and Prophaneness."' On the next page barely separated from the foregoing by a brief Act to revive a former Statute to protect her Majesty's soldiers and seamen from Arrest for debt, etc is the following : An Act for the Eaising & Increase of Dogs, for the better Security of the Frontiers. upon Try at lately made of Range ing and Scouring the Woods on the Frontiers, with Hounds and other Dogs used to Hunting, It has proved of great Service to discourage and keep off the In- dians, For Encouragement therefore to Raise and Train up a greater number of Dogs, to be improved. it 35uacteS fy>$)is lExcellennj tije Cobernmir, (JTmmcil antr 1ep^ resentatibes, tit (General (Bourt Essemfcletr, an$ fcg tlje Eutijoritg Of tljC Same, That such Person and Persons living in any of the Frontiers within this Province, who shall take, keep and raise up any Whelp of the breed of the Hounds, and have them at all. times in readiness to attend the Hunt Serjeant, or others improved in that Service, when they shall Come to such Town, and require the same, shall be allowed and paid out of the Publick Treasury the Sum of Five Shi/lings Per Annum, in consideration of their care and charge, for the raising and keeping of every such Dog. A Certificate thereof from year to year to be transmitted to the Commissary General, under the hands of the Commission Military Officers, and the Town Clerk of such Town. Provided, This Act shall continue in force for the space of three years next coming, if the War with the Indians last long, and not afterwards. October l*t 1807. E. Y. E. IX. GOUVERNEUR MORRIS. A FRAGMENT. BY THE LATE JOHN W. FRANCIS, LL.D. NOTE. Tms article, mostly written daring the last sickness of its distinguished author, was his last work on earth. It was still unfinished when he was removed by death; and it did not reach us until the places which had known him so long, knew him no longer. The circumstances under which it was written will account for some errors which will readily be corrected by the historical critic. It is only remarkable that the venera- ble Author's memory was so little impaired by age and sickness. We print it here, that others may share in our satisfaction with this valued memento of our departed friend HENET B. DAWSON. MOEEISANIA, N. Y., 1868. GOUVERNEUR MORRIS. NEW YORK, Nov. 17, 1860. HENRY B. DAWSON, ESQ., Author of The Sons of Liberty of New York, &c. DEAR SIR: My conviction of your earnest desire, as a searcher after truth, to record faithfully the events of American history, is derived not only from your published writings, but from the opinions which you lately expressed touching the respon- sibilities of the historian. I was gratified to learn the high opinion you have formed of the talents and services of the late Gouverneur Morris. That renowned man was distinguished by remarkable qualities, and must ever hold a prominent place in our annals ; and among his contemporaries he was looked upon with admiration and esteem. He has long since passed away from the scenes of active life in which he bore so conspicuous a part, yet the few remaining survivors that witnessed his career still retain the strongest impression of his heroic character. Identified with several of the most momentous events of our Colonial Histoiy, associated with the Provincial Congress, the Gene- ral Congress, in measures connected with the Revolutionary Congress, with the finances of the e country, abroad as Minister at the Court of France, with his subsequent career in the Senate of the United States, he cannot be contemplated without reverence to his patriotism and an exalted esti- mate of his public services. He had a most im- pressive personal appearance: few men ever equalled his commanding bearing: while his superb physical organization enlisted attention, his strong intellectual expression manifested the man of thought and capacity. His talents were acknowledged by all : with some his political principles were deemed too aristocratic for a re- public. But he was a Son of Liberty ; the genius of American freedom was born with him and nurtured by his studies and his labors. The closest scrutiny into his principles develops the philosophy of great deeds only for the benefit of the social compact and to advance the interests of society at large. Among the great features of his character was his frank utterance of opinion, and his readiness on all fitting occasions to dedicate his powers to the furtherance of salutary objects. He justly boasted of having drawn up the Constitution of the United States ; but he was no less proud of having been an effective agent with Clinton, Fulton, and others hi the early development and promotion of the Canal policy of the State of New York. Our gratitude toward him is fur- ther enhanced when we consider how strenuous were his efforts to improve the physical condition and local advantages enjoyed by nature for the now metropolitan city of the Union. The portrait of him painted by Ames is not to be looked upon with indiffence, but it needs a grander and a loftier port, and a more vivacious and penetrating eye. His mental attributes were of an elevated order and of a wide range. He was classical, and, like all men of active pursuits whom I have known, when enriched with scholarship, delighted in Horace. The more immediate object of his life after his retirement at Morrisania was the cultiva- tion of husbandry ; arboriculture and the rearing of flocks. He was eminently an enlightened prac- tical farmer, seeking health and the gratification of his love of nature amid rural scenery. His great mental resource was history; the rise and fall of nations, the biography of states- men and philosophers, and the records of the services of the explorers in science and the arts. In many of his investigations he kept pace with the progressive march of physical knowledge and domestic economy, and had studied with atten- tion the theories set forth in medical literature. In the mechanical arts he displayed a research that often excited the wonder of the professed artisan. Though of lofty bearing his intercourse with in- telligence even among the most humble excited the admiration of every beholder: a disquisition on tanning, an exposition of the philosophy of the chronometer, on the shoeing of horses, or other incidental circumstance might awaken new zeal in the minds of those with whom he might be in converse. He was ever for progress, and though like Burke he was thus disciplined, and could discuss with profitable issues the arts and sciences, he had kindlier feelings towards his friend Robert Fulton than the great Irish orator evinced towards the greater engineer, James "Watt. The prolific theme of his conversation, however, was the story of the American Colonies, their struggle for freedom, and the triumphs of their revolt. He cherished an almost unbounded confi- fidence in the mental capacity and energy of a na- tion sprung from a cosmopolitan origin. "The ' ' crossing of the race, " he was wont to say, " is the 8 " salvation of the intellectual powers of a people." Few more practical expositions than he delivered could be given by any one on the art of cookery. He was an adept in all its mysteries, and his views of its importance to health and longevity might arouse to new desires the faculties of the most fastidious epicure. Had the organization of a new College fallen to his lot he might have created therein'more Professors of the art of Cookery than of the dead languages. Fertile and discursive as was his imagination, enriched too with the graces of elegant letters, lost as at times, as he might seem, in ingenious speculations or recondite enqui- ries, the bent of his intellectual powers was mainly directed to the useful and the practical, and a listless hearer might not discover how felicitously he blended the overflowings of fancy with in- ductive reasoning and practical science. Nor were these engaging powers of his mind the re- sults of mere reading : he was a close observer, and in France and in England had witnessed with his own eyes the complex workings of the loom, and the spindle, and the manufacturing establishments of Britain. While Minister in France, when re- leased from State affaire, he was a devoted stu- dent of that vast body of physical science and mechanical philosophy found in the pages of the French Encyclopedia ; and the copy which he then possessed, by his generosity, is now to be seen in the library of the New York Historical Society. I will trespass a moment in giving you an an- ecdote illustrative of his innate courage and his generous nature. In 1780, then residing in Phil- adelphia, while riding out, an accident occurred to his carriage, which fractured the vehicle and his left leg. He was conveyed home, and a con- sultation with several of the most eminent of the 9 faculty was forthwith held. The decision, at that period of surgical science, was the amputa : tion of the limb. He heard the report with great calmness, and was soon ready to submit. In casting his eyes about his chamber, he remarked, ' Gentlemen, I see around me the eminent men of ' your profession, all acknowledged competent to ' the performance of the operation. You have al- ' ready secured renown, the capital by which you ' live. Now the removal of my leg cannot add to ' your celebrity ; is there not one among you younger ' in your calling who might perform the act, and ' thus secure the eclat for his benefit ?" Young Hutchenson was pointed out. " I will select him," uttered Morris, " let him rise to fame by amputa- " ting the leg of Gouvemeur Morris." The opera- tion by Hutchenson giving entire satisfaction, sev- eral remarked in approbation of the skill that had been displayed and on the beauty of the stump. ' ' You speak so eloquently, " added Morris, ' ' would "it not be advantageous to remove the other limb? "we might then have a brace." His conversational talents were of the most captivating and instructive quality. His vigorous imagination impaited interest to the humblest subject, while the force and beauty of his diction led captive the listener. He had cultivated this power by his close reading of the great writers of classical English, Shakespeare and Addison, John- son and Chatham. I had known the man from March, 1804, when I was u l>oy, and he was first pointed out to me by an eminent Editor, who, while in my engagement with him, hurried me to his office door with the exclamation, ' Boy, behold " that man witht.he wooden leg, now opposite, and ' ' near Wall-street; a great man," added he, ' ' Gouv- " erneur Morris." Years after, it was my fortunoof- ten to enjoy his society, in business or in the douies- 2 10 tic circle. He never departed from his greatness in my eyes : and I felt that reverence for him that that noble band of patriots of whom he was one, ever fostered. I believe my acquaintance with the original Canal Board embraced the entire commis- sion. With Morris, Eddy, and Livingston, I was oftenest present. Repeated interviews of this nature had rendered the atmosphere of repulsion which sometimes surrounded Mr. Morris less diffi- cult of approach. His narrative of the Canal of Languedoc, his account of the waters of Marie, his geology of Western New York, his trials and pri- vations with his associates on his exploring tour as Canal Commissioner, his interviews with Je- mima Wilkinson, are among the topics that have left the strongest impression on my memory. While his taste was that of the scrupulous gastronome, he was moderate in his drinks, and he gave me the best idea I ever had of the temperance of Thomas Jefferson. When he spoke he expected the listening ear. On a certain occasion he had entered on a dispu- tatious subject, when perceiving the attention of his hearers beginning to flag, he suddenly ejaculated, "I shall address the teapot," and he accordingly closed his argument with that silent representative. It was an effective veto on all interruption. He was impatient at trifling, and was prompt at reproof. I was seated near his little boy, at the dining table, on the day I think when he had delivered his discourse on the Restoration of the Bourbons. In measured accents I asked the intelli- gent little fellow if he had read the story of Jack the Giant-killer. " Tell the Doctor, my son," in- terposed Mr. Morris, "your studies are Gustavus "Adolphus and Charles the Twelfth of Sweden." I need not add, I was withered. Morris however 11 was full of kindly feelings : he often manifested this humane tendency by his inquiries concerning matters promotive of national or personal affairs. He was at times caustically severe on what in more modern language are called Yankee Notions. He had little chanty for the mere religious formalist, and could endure but with impatience the axioms of the puritanical proselyte. Yet he possessed the religious element ; and the mellowed reflections of my riper years have brought me to the conclusion that he felt the force and necessity of Christian obligation, and estimated the more highly the individual influenced by it. His wide knowledge of men and things had well taught him the difference between profession and pos- session. While the most lowly incident might at- tract his notice, he delighted in great occur- rences and in classical imagery. Every one who is familiar with his speeches, is apprized of his impressive appeals to heaven and Almighty God on occasions when his feelings were wrought to their highest pitch. What a psychological service had been performed were he and Edward Ever- ett to have had the keen encounter, or to have coalesced on some mighty topic ! Gouverneur Morris is to be enumerated among the "strong" men of the memorable era in which he flourished. As an orator he unquestionably fills a place in the rank which contains Hamilton and Chancellor Livingston. Conscious knowledge and his undaunted courage were the main support of his oratorical power. He dealt with princi- ples rather than with details : these he had forti- fied himself with, ere he appeared at the foram or in the hall ; and, unlike Burke, he never allowed his audience to become weary or indifferent. His memory was tenacious and ready on an erner- 12 gency. He was voluble in utterance, and pos- sc--*sjd the ore rotunda more happily than any other speaker I have ever listened to : he was free from eccentricities ; yet characterized by strong peculiarities. His voice was clear, full, harmon- ious ; his diction straightforward : he was free of the raucous tone of Chalmers, and of Brough- am, and our Emmet : he was rarely obscure he could not be wearisome. If he sometimes faiLd of the intensity of Webster he won admiration by his felicitous diction. He could scarcely descend to the playfulness of Clay. If he lacked at times the outbursts of the classical Francis Stoner, he escaped the difficulties which sometimes an- noyed that masterly rhetorician. He was bold in the avowal of his sentiments, though it might prove disadvantageous to his popularity. The quickened sensibilities of his,nature on questions of the gravest interest may sometiaies have given birth to expressions which niaturer reflection would have suppressed. Thus, in his speech on the Judiciary, delivered in February, 1801, in the warmth of his oratory, amid the most substantial reasonings, after reminding the House of the dangers to which popular governments are exposed, from the influence of designing demagogues upon popular passion, "I take the liberty to add," says he, " that we. the Senate of the United States, areas- " sembled here to save the people from their ' ' most dangerous enemy, to save them from them- " selves, to guard them against the baneful effects " of their own precipitation, their passion, their "misguided zeal." Sound as the principle may have been, and felt to be pregnant, truth by Mori is as a deep and experienced Statesman, how often in my earlier days have I heard those memo- rable words, " The People, their own worst enemy," echoed aloud in assemblies, and reiterated in the 13 public streets to the detriment of this enlightened patriot. But Morris through his whole life felt superior to popular clamor. I have a firm recol- lection of the eclat with which his memorable speech on the Navigation of the Mississippi was received in this city, in 1803. Its reading dis- closes the richness of his language and-the capa- bilities of his parliamentary powers. In this, his last great public effort in the Senate of the United States, imagination and reasoning seem to hold dalliance, while the noblest patriotism pervades the entire composition. But let us come nearer home, to the period when Mr. Morris had left public life at Washing- ton, and become a fixed resident at Morrisania, the place of his birth. At this beautiful retreat he passed nearly the entire residue of his life, en- gaged in agricultural affairs, in the study of his- tory, and in works of practical science. Here he maintained that elegant hospitality with his distinguished political friends and men of renown that made a visit at his mansion almost an era in the fortunate individual's life, who had partaken of his intellectual repast. Nor did the public occurrences of the day transpire unheeded by him. I have already adverted to his zeal and ability with Clinton, in giving countenance and support to the Canal policy of the State. He was often summoned to give his ad vice on public affairs, and was ever ready to assume responsibility on events of moment. Little more than a year had elapsed from his settlement at Morrisnnia ere he was called to pronounce a funeral address on his beloved Hamilton, whose unexpected death and its man- ner had awakened the community to universal lamentation. I had witnessed the solemn obse- quies to the memory of Washington. I could not now fail to be of the multitude who were to 14 do homage to his compatriot in arms and in coun- sel, the illustrious Hamilton. Never \vas grief more strongly depicted on every countenance, never had sonow sunk deeper in every heart than on the occasion of his death. During that sad and memorable day of a nation's loss. I found myself amidst the groups of afflicted citizens formed at almost every coiner of the streets : some lost in the magnitude of the calamity ; others loud in execrations of the perpetrator of the fatal deed. Sile'nce reigned in every place of business, and the heavens themselves seemed to wear a gloomy aspect. In my journeyings to and fro I obtained a place near the feet of Mr. Morris, on the steps of the portico of old Trinity, while the orator delivered his brief but effective dis- course over the dead body of the great patriot. It was the first time I heard the great speaker. His sensibilities and his powers were manifested around me ; his own countenance was suffused with grief, while every eye of the crowded multi- tude was bedewed with tears. I saw many unable to preserve an erect posture, and several indivi- duals, with whom I became better acquainted in after life, as Colonel Troup, Colonel Fish, Judge Pendleton, Coleman, the editorial eulogist of Hamilton, and others, sobbing aloud in anguish. His utterance at first seemed broken and suppress- ed ; but his powers rose as he advanced in the performance of his sacred duty ; his affectionate principles kindled with increased strength, and as if an angel spoke, the tokens of his love and de- votion overwhelmed every heart. Even at this remote day none can read that address, brief as it is, without wonder at its copiousness. The severest critic will find in it the embodiment of the delicious consolations of the burial service, in lan- guage perhaps little inferior in pregnant thought 15 and elevation of diction. In addressing the vast assemblage at his commencement, he had said, ' Far from exciting your emotions, I must try to ' repress my own, and yet, I fear, that instead of ' the language of a public speaker, you will hear ' only the lamentations of a wailing friend. But ' I will struggle with my bursting heart to portray 4 that heroic spirit which has flown to the mansions ' of bliss." He proved more than conqueror. With my fondness to witness the performances of extraordinary men, whether in the pulpit, at the bar, on the stage, or in the oratorical hall, I was fortunate to be of the listener to each dis- course which Gouverueur Morris subsequently de- livered. His addresses before our New York Histo- rical Society have added to the renown imparted to that institution by Clint >n and Verplanck, Jarvis, Hosack, and Kent. His laudations exalt the attributes of our Dutch ancestors ; his praise of history, ancient and modern, holds out the strongest persuasives to its study ; and the religious element for the government of man is enforced with the zeal of a sacred expositor. His address on the restoration of the Bourbons in France, in 1814 is yet well remembered by the survivors of that audience that were present on that special oc- casion. Many of its passages are repeated at this very day. He never appeared as a speaker to greater advantage. He had been an eye-witness to many of the early scenes of the French Revo- lution ; in his sylvan retreat he had made a study of Napoleon ; the Conqueror conquered was a theme congenial with the best utterances of his heart ; his aristocratic bearing, his sonorous voice, his convictions and the fulness of his sub- ject, produced an effect no less rare than prodigi- ous. The tribute he paid to the patriotic George Clinton, who holds so prominent a place 16 in the War of the Revolution and in our State Go- vernment as the dauntless soldier and wise states- man, was only another demonstration of the ex- alted estimate he possessed of that incorruptible hero and virtuous character. The sympathies of friendship were strong indeed between Morris and Clinton, and brief as is the notice by Morris of the extraordinary services of the old Governor, it will be appreciated as a precious memoir of the re- nowned man. After what I have thus briefly said, do you ask then what were the elements of this great man's oratorical power ? Inward conviction and a fearless and energetic utterance. There was a purpose in his design, and as an earnest man his words were the words of earnestness. His yearn- ings sprung from the love of country. There is a circumstance in the life of this great man which deserves a passing notice, and con- cerning which I will say a few words. With all his affluence he seemed to have had little to do with the fashion of the day. His intercourse with the men of the age, the patriots of the Revolution and the statesmen who had acted with him, was of the most cordial nature, and I believe there was hardly an exception to this warm attachment which he cherished for his contemporaries, noi was it once checkered by reverse. His corres- pondence with Washington speaks for itself. His love for Hamilton we have already noticed ; with Jay and Rufus King the intercourse maintained was that of warmly attached friends. He has told us of his admiration of Robert Fulton, and of his appreciation of De Witt Clinton. His full knowledge and variety, with his undaunted con- fidence, rendered him the autocrat of the social board. The practical sciences had fallen within the scope of his studies, and his auecdotical fund 17 was ready at command. He won esteem for his intellect ; he contributed knowledge without parsimony. The happy line which Johnson ap- plied to Goldsmith, might not inaptly be cited in behalf of Morris's conversational talents : "Nihiltetigit, quodnon ornavit" You will pardon me if I add one other anec- dote illustrative of that pungent manner which Mr. Morris so dexterously employed on some occasions. He never did anything by halves. A soiree of the savants of the city had been convened, at the house of Doctor Hosack, composed of divines, law- yers, doctors, and others of renown. Mr. Morris was of the number. The evening hour of ap- pointment had passed over some forty or fifty minutes, when the host hurried in, apologizing for his absence, and giving as an apology that he had been engaged with his friend, Doctor Williamson, in forming a Philosophical Society. "Well, Doc- ' tor," says Morris, " that's no difficult matter." 'But Mr. Morris," rejoined Hosack, " we have ' formed a Philosophical Society, adopted a Con- ' stitudon, By-laws, and selected our prominent ' officers." "All that," observed Morris, " is no 'difficult matter ; but pray, Doctor, where are the ' philosophers ?" Silence followed the interro- gatory, succeeded by a hearty laugh. Among your queries you ask for information as to the observations which Mr. Morris made con- cerning the consequences which sprung out of the memorable trial of John Peter Zenger. The account I communicated to the Historical Society, at their fortieth Anniversary Meeting, in 1844, was literally correct. Years before, 1812, Mr. Morris, as Vice President and in the absence of De Witt Clinton, presided. I had drawn up a Report, as Librarian of the Society ; which was 3 18 submitted to Mr. Morris, who read it, and was signally gratified when I informed him that the library embraced a large collection of the news- papers of the Colonial period, among others, Brad- ford's and the Journal of Zenger. Morris di- lated largely on the importance of preserving newspapers. "They are, "said he, " the most faith- ' f ul materials on which we can ever rely f or Ameri- ' can history. The newspaper press is endeared to ' the f eelings of Americans, by the strongest con- 1 sideration of patriotism. The free strictures ' on the administration of Governor Cosby and his ' Council, printed in the Weekly Journal of the ' city of New York, by John Peter Zenger, roused ' the energies of a whole people ; the trial of ' Zenger in 1736, was the germ of American f ree- ' dom ; the morning star of that liberty which ' subsequently revolutionized America." The fact, as I have stated, has been repeatedly made use of by our historical writers ; and the acquittal of Zenger is dwelt upon as a pregnant circum- stance, in Butler's discourse. Our American historian, Doctor Bancroft, seems to place the in- cident in a qualified light ; but I have not with my limited sources of knowledge been able to find any contemporaneous event throughout the col- onies. I feel entire confidence in the official doc- uments published by Dunlap, and hi the animad- versions of the late Chancellor Kent. The little that I have been able to collect con- cerning Zenger tends to prove the opinion that he was an intelligent man, of an heroic spirit, and something of a musical genius. The ladies will not think the less of him when they know that he imported the first harpsichord, now transformed into the piano, in this city. The physical temperament and mental energies of Mr. Morris were preserved with uniform abili- 19 ty to the very end of his life. The same muscu- lar tone, the same exuberance of feeling, the same prompt and active display of intellectual resources were all in harmony, and never forsook him or abated of their function. Up to near the moment of his final departure, his enlarged views and broad conception of tilings held their charac- teristics. I am grieved to say that his great con- fidence of the safety of his medical practice in his own case was a leading cause of the infirmity which took him from us in the fulness of his powers. Pie had written some time previous an interesting letter on the acid formations of gout, addressed to his friend and physician, Doctor Ho- sack : but he seems not to have been fully aware that in some cases the gouty diathesis is sadly detrimental to local disease. When informed of his approaching end, he received the intelligence with philosophical composure, sustained by reli- gious belief. He had been explicit on that ab- sorbing subject. He had declared a short while before in an historical discourse, that he regarded religious principles as necessary to national inde- pendence and peace. "There must be some- ' thing," says he, "more to hope than pleasure, 'wealth, and power. Something more to fear than ' poverty and pain. Something after death more 'terrible than death. There must be religion. ' When that ligament is torn, society is disjointed ' and its membei s perish ." He passed his last night with tolerable composure. On the morning of his death he enquired of his devoted nephew what kind of a day it was. "A beautiful day," was the reply. "The air is soft, the sky cloudless, "the water like crystal ; you hear every ripple, and " even the plash of the steamboat wheels on the "river: it is a beautiful day." The dying man seemed to take in this description with that zest 20 for nature which accorded with the poetic instinct of his character. Like Webster, his mind reverted to Gray's Elegy. He looked at the kind relative, and repeated his words, " A beautiful day ; yes, "but " Who, to dumb forgetfnlness a prey " This pleasing, anxious being e'er resigned, " Left the warm precincts of the cheerfnl day, " Nor cast one longing, lingering look behind ? " He died in the same chamber in which he first saw light, on the sixth of November, 1816, in the eixty-f ourth year of his age. X. A HISTORY OF THE EXPEDITION AGAINST THE FIVE NATIONS, COMMANDED BY GENERAL SULLIVAN, IN 1779. BY NATHAN DAVIS, Or COLONEL CILLEY'S REGIMENT. With an Introductory Note, by PLINY H. WHITE, President of the Vermont Historical Society. INTRODUCTORY NOTE. IK July, 17T8, the Wyoming Valley was the theatre of one of the most atrocious massacres of which American history makes any record. Eleven hundred tories and Indians, un- der the command of Colonel John Butler, entered the val- ley, defeated with great slaughter a smaller force which resisted their progress, and compelled the surrender of Forty Fort, near Wilkesbarre, whither numerous families had fled for safety. When these families, relying upon the humane terms of the capitulation, had returned to their homes, the Indians, uncontrolled and probably uncontroll- able, by their white commanders, traversed the valley, bnrning dwellings, murdering in cold blood many of the inhabitants, and driving into the mountains a multitude of women and children, who escaped the tomahawk and scalp- ing: knife only to perish by hunger and f atiague. These atrocities, with others of the same Kind which fol- lowed them, roused the indignation of the American people, and in the snmmer of 17T9, General John Sullivan was sent with a strong force into the heart of the country of the Six Nations to punish them, and in the course of about three weeks, he destroyed forty Indian villages and a vast amount of food. Nathan Davis, the author of the " history " herewith communicated, was a soldier in that Expedition, and wrote, or more probably dictated this paper, many years after- ward, with intent to publish it, but it has remained in manuscript till now. He was born in Mansfield, Connecticut, on the seventh of May, 1762. His father's name is not known. His mother's maiden name was Pbebe Doane. In the seventeenth year of his age, he enlisted in the Revolutionary Army, and served three years. When the war was ended, he took up his residence m Hanover, New Hampshire, and there mar- 4 ried, on the third of June, 1T83, Tryhena Eaton, a native of South Hadley, Massachusetts ; born on the twenty-sixth of August, 1762. In March, 1786, he became a resident of Randolph. Vermont, where he had previously acquired a tract of land. The town was then an almost unbroken wilderness. His house was a log-cabin, without floor, and with no roof except one of boughs. For several years he and his family endured all the hardships and privations which are incident to pioneer life. At a later date he became a resident of East Bethel, Ver- mont, where he built the first grist-mill; where he also kept the first public-house, from 1812 to 1816. In the spring of 1817, he removed to Royalton, where he carried on a farm and kept a public-house. There he died, on the seventh of Feb- ruary, 1831. His wife, by whom h'e had twelve children, survived him fourteen years. He was a cheerful, humorous, hospitable, and benevolent man, a church-member, a Free-mason, and a Democrat. Dur- ing the latter part of his life, he enjoyed a pension for his Revolutionary services. PLINY H. WHITE. HISTORY. It is well known to the public that the Six Na- tions, with the exception of the Oneiclas, had been induced by the English to take up arms against America, and were continually burning, killing, and scalping our frontier inhabitants. It was thought best by our Government to check, if possi- ble, their murderous depredations.* In the year 1779, General Sullivan was directed, with four Brigades of Infantry, commanded by General Hand of Pennsylvania, General Poor of New Ham- pshire. General Maxwell of New Jersey, and Gen- eral Clinton of New York, together with a Regiment of Artillery, commanded by Colonel Procter, to march into their territory, up the Susquehannah, and attack them. On the sixth of April, we were ordered to march from our winter- quarters, at Reading, Connecti- cut, to Easton, Pennsylvania. Here we made a halt for a few days, waiting the arrival of Colo- nel Procter, with his Regiment. We then took up our line of march for Wyoming, (now called Wilkesbarre,) on the Susquehannah ; and in a few days, found ourselves on the margin of the Journal of Congress, Thursday, February 25, 1779; General Washington to Congress, March 3, 1779. H. B. D. c Great Swamp, (so called,) said to be thirty miles across, where we were compelled to halt. Here it became necessary to construct a kind of bridge for several miles together, by laying timber crosswise, and the swamp being so miry that it was utterly impossible to employ horses, we were compelled to move all the timber by hand. We had to build two bridges of consider- able magnitude, over the large streams, which run through this dismal pait of creation. It soon became necessary to send a number of men to Wyoming, to go down the Susquehannah to pro- cure boats and to bring flour and other necessaries for the use of the troops. This necessarily lessen- ed the number of our men, and hindered the pro- gress of our work, as General Clinton's army had not yet joined us. Notwithstanding the disad- vantage under which we labored, we persevered in our undertakings, and finally, in a number of weeks, completed it. This done, we moved on to Wyoming, where we made another long halt, in order to collect the necessary supplies of provisions and baggage hor- ses for the use of the army.* It was now the month of June, and the season afforded us an excellent opportunity to observe the country and the surrounding scenery. The land, on the river, is excedingly fertile, and well adopted to cultivation. At this time Nature was decked in all her loveliness, and a striking con- trast was exhibited to our view, between the works of man and his Creator. "All save the "spirit of man, was divine." This part of the country had lately been all destroyed, burnt, and * This delay was occasioned by the loss of the greater part of the stores, which had been spoiled, and in order to obtain additional supplies of ammunition. GORDON, iii, 803; MABBHALL'B Washington, iv, 154. H. B. D. pillaged by the Indians : its inhabitants murdered and scalped. Here and there lay a human skele- ton bleaching in the woods or in the open field, with the marks of the tomahawk upon it. We remained in this place, till some time in the month of July,* when we again marched up the river to Tioga Point, carrying all our baggage, ammunition, provision and field pieces in boats. Here we erected two block houses, and sur- rounded them with pickets. Here too, General Sullivan expected the reinforcement of General Clinton's Brigade from Cherry Valley. We were now within about ten or twelve miles of Chemung, where was encamped, the Indian and Tory army, under the command of Butler and Brant, wait- ing to give us a pretty warm reception. While here, we had several light skirmishes with the Indians. At one time, about noon, the commissioned and non-commissioned officers and musicians being called out on fatigue to relieve the soldiers, and having gone to their tents for dinner, the soldiers while viewing the block-house, then just begun, were fired upon by a few Indians, secreted in a copse not far distant, and one man killed and another wounded. At another time, having nearly completed our works, and while waiting for the reinforcement above mentioned, General Sullivan ordered a large body of troops to march, at sunset, for Chemung, to surprise the enemy. They accordingly marched all night, and arrived at Chemung about break of day ; but to their astonishment, found no enemy there. They remained under arms till sunrise, when they went into the fields, to pick green corn ; 1 The last day cf July. Major DANIEL LIVEEMORE'S Jour- nal, Joly 31st; Lieutenant WILLIAM BAKTON'S Journal, July 31st ; Dr. EBENEZEB ELMEB'S Journal, July 31st, MINEB'S Wyoming, 267. H. B. D. the Indians then fired upon them from an ambush, killed some, and wounded two or. three more. After destroying the town, and pillaging the corn field, they returned to camp.* As General Clinton's troops had not yet joined us, the Commander directed a party to go through the woods, piloted by some friendly Indians, and meet them. After marching some distance, the Commander of the party thought best to send three chosen veterans to proceed by themselves : hoping that it might expedite the junction of the two armies. The three men, chosen for this purpose, were Sergeant Joseph Henderson, Sergeant Thomas Scott, and a Peter Stevens, all of whom belonged to the first New Hampshire Regiment commanded by Colonel Joseph Cilley of Notting- ham. These fearless heroes, with only three days' al- lowance of provision, shouldered their muskets and set forward. Not meeting General Clinton, as they expected, they concluded that they had missed their point, and had passed him. They then attempted to return, but in doing this, lost themselves in the wilderness ; and after wander- ing about for twelve days, they, at last, came across General Clinton's track, and found their way back to our garrison, worn down with fatigue and almost famished with hunger. They suffer- ed extremely from the cold damps by nights, not daring to indulge themselves with a fire, lest they * The last-mentioned affair occurred on the twelfth of August, the day after the army reached Tioga Point. It appears from the Journals of Major Livermore, L:eu- tenant Barton, and Doctor Elmer, as well as from the pub- lished correspondence of that period, that this movement was commanded by General Hand ; that seventeen wigwams and several fields of corn were destroyed ; and that seven of our men were killed, and Major Franklin of Wyoming, seriously wounded. H. B. D. should be discovered by the Indians, who were, without doubt, prowling through every part of the wilderness. There these worthy sons of New Hampshire were supposed to be lost, and probab- ly massacred by the savages. Their reappearance was a matter of joyful surprise. Before their arrival, however, the main army had taken up their march for the Genesee river. Henderson and Stevens were so worn down by fatigue and hunger, that it took a long while to restore them to their former health, but Scott, a true son of Hiberuia, although a native of this country, after a few days' rest, declared that he was again fit for any enterprise, and went to the commander of the garrison, requesting permission to proceed after the army. The commander, after much im- portunity, gave him liberty to go, though with little expectation that he would escape being mas- sacred by the Indians. With as much provision as he could conveniently carry, he started alone on our track, and overtook us not far from Cayuga lake. It was in the morning, as we were about to march, when Scott niude his appearance like one risen from the dead. Officers and soldiers immediately gathered around and embraced him ; the air rung with repeated shouts of "Scott's "alive!" " Scott" s alive !" "He's come!" "HJs "comer" 1 Our order of march through the inhospitable wilderness, was in the following manner : We formed a hollow square ; General Hand in front, General Poor on the right, General Maxwell on the left, and General Clinton in the rear. Within the hollow square was placed Colonel Procter's Regiment of Artillery, together with our luggage horses, carrying our flour, tents, etc., and our beef cattle. We were ordered to march in pla- toons, eight deep, which made it more fatiguing 10 than it otherwise would have been ; each one being strictly ordered to keep his place. In this situation, we could form a front of three Bri- gades, should we happen to be attacked on either side, with one Brigade in the rear, as a reserve. It was the latter part of August when we started from our garrison, in high spirits and good health.* We pursued our way to Chemung, and finding no enemy there, f we turned to the right, in order to strike near the Oneida lake. We came to a place called Newton, where we discovered that the enemy was waiting to give us an unwelcome salute. This discovery was made on Sunday morning, the twenty-ninth August, by our sagacious rifle- men, who were satisfied, from appearances, that there were Indians hard by. A Council of the Field-officers was immediately held, and arrange- ments made for a general attack. Whilst this was doing, our riflemen discovered at a little distance in front, a sure indication of an ambush4 In the direction of our march, was a very deep defile, occasioned by a brook of water running through a pine plain ; the banks of the brook were very steep and high, and the growth of timber small and very thick. On the opposite bank, it was observed to be thicker and in greater * The expedition moved from Tioga on the twenty-sixth of August, leaving behind it a great part of the baggage and two hundred and fifty men, with two six-pounders, under Colonel Shreve. Major LIVEEMOBE'B and Lieutenant BAE- TON'B Journals; MINER'S Wyoming, 270. H. B. D. t Although no enemy was found at Chemung, large fields of growing corn, beans, potatoes, and pumpkins were found and destroyed. H. B. D. t See, also. Major LIVKEMOBB'S and Lieutenant BABTON'S Journals; General SULLIVAN'S Despatch, August 30, 1779 ; M AESII ALL'S Washington, iv. 157 ; MINEB'S Wyoming, 271. H.B. D. Since called Baldwin's Creek. Life of Major Van Cam- pen, 146. H. B. D. 11 regularity than it would have been had dame Na- ture horself placed it there. The conclusion was that Indians lay concealed behind it, as finally proved to be the case. They had made a kind of breast work of small pine timber, and had that morning, cut small saplings, and stuck them in the ground, in front of it.* General Poor was ordered to take possession of a certain hill, which lay at some distance, partly to the right ; f whilst General Maxwell was direct- ed to oblique to the left, in order to turn the ene- my's right rlank.l We had not proceeded half a mile, when Gen- eral Sullivan gave orders to Colonel Procter to open his six or eight brass field pieces, from six to three pounders, and also a small howitzer which hove a small bomb, upon the enemy's breastwork. The object of this order was to draw the atten- tion of the Indians off from General Poor. The order was obeyed with promptness, but produced a somewhat different effect from the one antici- pated. They immediately ran from their slender works as fast as their legs could carry them, and advanced directly to the hill, where they secreted themselves behind the trees, waiting our approach. When our front had advanced within a short dis- Major LivERMcraE'o and Lieutenant BAETON-'S Journals. Letter from Tioga, August 31, in The Pennsylvania Packet of September 7, 1779^ General SULLIVAN'S Despatch, Au- gust 30, 1779; Civil War in America, m, 64; MARSH ALL'S Washington, iv, 156; MINEE'B Wyoming, 270. H B D. t This movement was an important one. The command of General Poor included the New Hampshire and Massa- chusetts Regiments, and was supported by the entire Bri- gade of Geneial Clinton, ^nd was designed to flank the enemy's line and gain his renr. II. B. D. t We think this" is a mistake, since General Sullivan's De- spatch of the thirtieth of August, 1779, clearly indicates that both Hand and Maxwell merely covered the Artillery with- out advancing against the enemy's line. H. B. D. 12 tance of them, they commenced a fire from be- hind every tree, and at the same time gave the war whoop. Not all the infernals of the prince of darkness, could they have been let loose from the bottomless pit, would have borne any compa- rison to these demons of the forest.* "We were expressly ordered not to fire, until we had obtained permission from our officers, but to form a line of battle as soon as possible, and march forward. This we did in good order, and at the same time the Indians kept up an incessant fire upon us, from behind the trees ; firing and retreating back to another tree, loading and firing again, still keeping up the war whoop. They continued this mode of warfare till we had driven them half way up the hill, when we were ordered to charge bayonets and rush on. No sooner said than done. We then, in our turn, gave our war whoop, in the American style, which completely silenced the unearthly voice of their stentorian throats. We drove them, at once, to the opposite side of the hill, when we were ordered to halt, as the Indians were out of sight and hearing. How many we killed I never could exactly ascertain, but some were killed, and one scalped to my knowledge, f and much blood was seen on their We are clearly of the opinion that the Author has over- rated the effects of this Artillery fire; and that the Indians abandoned their works,not because of Colonel Procter's oper- ations, but to oppose the progress to their rear of General Poor. Such an experienced commander as Joseph Brant was, must have seen the vital importance of keeping an enemy from his rear; besides, we nave the testimony, on the same subject, of Majors Livermore and Van Campen and Lieutenant Barton, as well as that of Brant's biographer, Colonel Stone. H. B. D. t That the practice of scalping was not confined to the Indians Is also proven by Lieutenant BABTON'B Journnl, August 29 and September 13 ; by the Journal of an officer, September 13 ; and in STONE'S Life of Brant, ii, 21. H. B. D. 13 track. We also took two prisoners, one negro and a white man, said to be a Tory. The white man was found painted black, lying on his face, and pretending to be dead. As no blood was seen near him, after a proper discipline he was soon brought to his feelings. He was then strip- ped, and washed, and found to be white. A rope was then tied around his neck, and he was led in front of the troops, whilst every one gave him his sentence, " You shall be hung to-morrow." This, however, was not put into execution. We remained on the battle-ground till sunset, when we retreated to the plain, and encamped. We had twenty-two killed and a number wounded, some mortally.* The next day, we buried our dead by the side of fallen trees, near our encamp- ment, not raising their graves any higher than the surface of the earth. We then burnt brush over their graves, so that the Indians might not distin- guish them from the places where we had built our customary fires. Here we lay by for two days, in which time we sent back our wounded and invalids to the garrison. \ On the first of September, orders were read to each Regiment, accompanied with the thanks of the commander, for their good conduct and * The loss of our army in this action is very uncertain. This " History " says twenty-two were killed arid a number wounded. Major Van Campen (Page 70,) says our loss was seventy. Major Livermore, (Journal, August 29.) that " but four or live " were killed and three officers and about "thirty others" were wounded ; Lieutenant Barton (Journal, August 29,) that " two or three of ours were killed, and " thirty-four or five wounded " ; Gordon (History, iii, 309.) that it was seven killed, and fourteen wounded ; Marshall, (Life of Washington, iv, 158,) that it was " about thirty " men " ; and General Sullivan, in his Despatch of the thirtieth of August, 1779, that it was three killed and thirty- nine wounded. H. B. D. t See, also, Major LIVEEMOEE'S Journal, August 30 ; and STONE'B Brant, ii, 22. H. B. D. 14 bravery, and congratulating them on the victory they had just obtained. This was accompanied with the request that the troops might pursue the remainder of the expedition on half allowance. The Commander informed us that we had not more than half provision enough to complete the expedition ; that we should go through a num- ber of Indian towns, where we should always find a large supply of corn, beans, and squash, which would enable us to supply, in some measure, the deficiency. In addition to this, we were pro- mised an ample remuneration by Congress. This was enough ; every one was willing to give his consent to the proposal ; every eye brightened and sparkled with vengeance. The question was then put to the soldiers in the following manner : Every soldier who was willing to go forward in the defence of his country, agreeable to the re- quest of the commander, was requested to mani- fest it at a given signal. No sooner said than done. At the given word " Recover arms" every musket, with only one exception, among three thousand, obeyed the order. We then gave three cheers for General Sullivan, and prepared to march the next day. The next morning, we struck our tents and paraded, in order to march.* Every Colonel * We are inclined to think the author has fallen into an error in this statement. The army evidently rested only one full day, since it moved to Newtown, (Elmira,) and destroyed that village, in which were " some good buildings of English coiistruc- " tion," on the thirty-tirst of August: (Major LIVEBMOHE'B and Lieutenant BARTON'S Journals:) and on the first of September, was at " French Catharine's," now H ivannah, at the head of Seneca L-ike. (Ibid.; STORE'S Srait,\l, 24.) It could not, therefore, have been on " the next morning," after '.' the tirst of September." when the tents were struck and the army paraded for the purpose of advancing from the battle-ground, which was a mile to the Eastward oi where Elmira now is. H. B. 1). 15 again made proclamation to his Regiment, that every soldier, who thought he was unable to en- dure the expedition, might march four paces in front, and go back to the garrison. But a very few ventured to make themselves conspicuous as volunteers to return, and thus become the butt of ridicule to those who remained in the ranks. Here permit me to mention the worthy conduct of Colonel Cilley, to whose Regiment the writer of this narrative belonged. He walked to the right of his Regiment, and as he passed on to the left, he very pleasantly spoke to several of his soldiers, and told them that whilst he applauded their courage and patriotism, he thought they were unable to endure the hardships they neces- sarily must, on so short an allowance. On pass- ing near to the left wing, he said to quite a young lad, only in his fifteenth year, by the name of Richard Drout, "Richard, you must go back; "you cannot endure the march." The brave lit- tle fellow replied, "Colonel, I don't want to go " back ; I can stand it, I know I can." On the Colonel's telling him that he was too young to en- dure the march, and that he had better go back, Richard began to weep most bitterly, and exclaim- ed, " Colonel, I am not tired a bit, and have not ' ' been ; and I know I can endure it as well as " any of them ; besides, they will call me a cow- " ard, and I am not one." The Colonel assured him he should not be called a coward, and that he would severely flog any one who should ven- ture to apply such an epithet to him. Richard, however, continued weeping most bitterly, and exclaimed, " I enlisted to serve my country. Do "let me go on." The Colonel, with a full heart, at length makes him this reply: " Go, my lad, " and God go with you." He went, and endured the march as well as any one among us. The 16 writer of this narrative had the satisfaction of seeing this same Richard Drout, and entertaining him, at his own house in Royalton, in 1818, as he and two of his sons were going to join our North- ern army. The horns* soon sounded ; the signal to march. We laid our course for the small lakes. We pre- sently came to a great swamp, where our march was much impeded by the mire. Here too we lost a number of our baggage horses. Here was a small Indian village, deserted by all its inhabitants, except by one very aged female, who was entirely helpless. Our Indians attempt- ed to talk with her, but she made signs that she could not understand them. At length, an old Indian, who had spoken to her in several different dialects, drew his knife, and told her he would take her scalp, unless she consented to talk. This threat produced the de- sired effect. She told them that the old Chiefs were for peace, but the young warriors would not listen to their counsels ; and that all of them had gone to the big lakes. We remained here two nights and one day, in order to get our cattle and baggage horses through the swamp. At our de- parture, the General ordered a few pounds of beef boiled and left with this old mother of the red men. Butler's army, at this time, kept only ahead of us sufficiently to be out of our reach, as we fre- quently came across their fires, where they had left boiling their kettles of succatash. Whenever we came near an Indian village, large parties were always sent to burn then- huts and to destroy Horns were used instead of drams ; as the latter conld not be need among the woods and underbrush. THE AU- THOR. 17 their corn. Our main army kept on the most di- rect route to a place called Big Tree, on the Gen- esee River. We encamped near the Geneva lake, in a very large apple orchard, to which place we gave the name of Appleton.* Here we caught several Indian horses, by driving them into the lake, when some of our most expert swimmers would catch them, and turn them to the shore. Here we found a white boy, of four years of age. After we had destroyed their orchard, we marched on to Canandaigua lake. This lake we were obliged to ford at a small distance from its out-let ; the water for a great distance being nearly to our shoulders. We carried our cartridge boxes on the top of our knapsacks to keep them out of the water. As there was only one place that was fordable, the principal part of the after- noon was spent in getting across. Both sides of the outlet were covered with an impenetrable thicket of underbrush, grapes, and thorn bushes, which made it impossible for our cattle and horses to pass through them. The First New Hampshire Regiment, being in the front of the right wing, was ordered to halt, and to sec that our guns were well loaded and fresh primed, and also to keep our places in good order till all the rest of the troops, cattle, baggage horses, etc., had passed the ford way. This order occasioned considerable complaint, and not a few heavy curses on the one who gave it. Our Major, who happened to hear the murmuring of the soldiers, very pleasantly addressed them, assured them that they ought not to complain of their Commander's * See, also, Major LIVEEMOUE'S and Lieutenant BARTON'S Journals, September 1 and 2 : and STONE'S Brant, ii, 24. H. 13. D. 18 not giving them their priority in the line of march, "for," says he, "as sure as we pass " those bushes yonder," (pointing to the outlet of the lake.) " we shall be attacked by the In- " dians, and your General places the utmost con- " fidence on your bravery and skill." This decla- ration at once silenced all complaint, and "Hurra for General Sullivan !" resounded through the air. When they had all got across, we were ordered to march with a full expectation of a salute from the red men of the forest, accom- panied with their war whoop and the contents of their rifles. In this, however, we were disap- pointed. It was near sunset before we had all crossed the lake. General Sullivan then ordered General Hand to go with four Regiments of Infantry and take the town, about half a mile ahead. General Hand hesitated ; stating that he would obey, but it appeared to him to be an useless waste of lives, as it would be dark before they could reach the town, and the advantage would all be on the side of the enemy. Colonel Cilley, who was then on his horse, straightened himself in his stirrups, and exclaimed, " General Sullivan, give me leave " and I will take the town, with my Regiment " alone." The General gave him permission, and \ve were on the march in a moment. Before we reached the town, it became so dark that we were obliged to take hold of our file-leader's frocks, and in this manner* grope our passage in an Indian foot-path. We found no worse enemy to encoun- ter than the darkness, and a thousand musketoes to each man. The town was entirely deserted by its inhabitants. It was a place of considerable mag- nitude. The huts or wigwams were constructed of bark, and very narrow in proportion to their length, some being thirty or forty feet long, and 19 not more than ten feet wide, generally with a bark floor, except in the centre, where was a place for the fire. Under one of these bark floors, one of our men found fourteen dollars, in silver. In this place, we found some considerable plunder, such as scalping knives, tomahawks, muskets, etc.* We encamped in the town during the night. The next morning, Lieutenant Boyd requested permission to go out, with a small party of fifteen,! and one friendly Indian as a guide. They had not proceeded more than half a mile, before they were completely ambushed and surrounded. The Indian, who was with Boyd, called out to him, " Fiffht or die. No quarter now." The gallant party, defended themselves to the last extremity, but the Indians rushed in on every side, toma- hawk in hand, and scalped all those who were not killed by their first tire. The Lieutenant and Sergeant): were bound. Among the party, was a stout, athletic, young man of about nineteen j ears, by the name of McMurphy. Whilst an Indian was about to tie his hands behind him, he turned, took the Indian by the hair of his head, and threw him, with great force, on the ground, and im- mediately sprang from them, and ran, with the greatest speed, whilst the balls and hatchets were continually whistling by him. He finally arrived safe in camp. Hearing the firing, we had sent out a party to * Although no date is given, it is probable that the au- thor refers, in this place, to Kanaghsa, which was destroyed on Monday, the thirteenth of September. (Major LIVEK- MOHE'B and Lieutenant BARTON'S Journals, September 13; STONE'S Brant, ii, 29.) H. B. D. t We think this is an error. There is abundant testimony, as below, that this party was composed of twenty-seven men. H. B. D. t Sergeant Parker. H. B. IX 20 assist them. When this party had arrived at the place of their engagement, there was nothing there to be seen, but the mangled bodies of twelve of Boyd's party.* Boyd, nor the Sergeant, could not be found, f The next day, we pursued our route for the town of Big Tree. We arrived at this place on a Satur- day, about sun- set. t Here we found the mangled bodies of Lieutenant Boyd and the Sergeant. We saw the place where they had been tied to a tree, and the bloody sticks with which they had been * TWENTY-TWO were killed and left on the field. It is not improbable that the error has arisen in copying the " His- tory." a modern production, from the original memorandum. H.B. D. t This very brief statement of the capture of Lieutenant Boyd and his party, fails to convey to the reader a just idea of that sad event. Boyd was sent forward, with a party of twenty-six men, to reconnoitre Little Beardstown, and had accomplished his purpose and was on his return to the main body when he fell into an ambush, as described in the text. He and the Sergeant were alone spared by Joseph Brant, who com- manded the enemy, while three escaped and twenty-two were killed. Boyd was spared by Brant because of his Masonic ties, sent forward to Little Beardstown, and well treated ; but Butler, the Loyalist chief, during Brant's absence, subse- quently butchered both him and Parker, because they would not divulge the information they possessed concerning the American army. It was the savage white Loyalist, not the half-civilized Indian warrior, who was the butcher in this instance. The remains of Boyd and Parker were removed to Mount Hope Cemetery, Rochester, in August, 1842 ; and in a little volume describing the ceremonies on that occasion, and in the Journals of Major Livermore, Lieutenant Barton, and " an officer" the latter cited by Judge Campbell, the Life of Major Van Campen; the Life of Mary Jemison, the White Woman ; and STONE'S Life of Joseph Brant, the reader will find other and more important particulars. H. B. D. t Major Van Campen says that Little Beardstown, where Boyd's and Parker's remains were found, was occupied by the American troops on Tuesday, the fourteenth of Sep- tember. H. B. D. 21 whipped. Their backs had been cut to the bone with their knives. They had been scalped, their tongues cut out and their eyes dug out, by these inhuman demons of cruelty. The Lieutenant's breast had been cut open, his heart taken out and placed in his right hand. Their bodies were committed to the grave, with martial honors. Big Tree appeared to be the capital of the five tribes. Here was their large Grand Council House, built of peeled logs, two stories high, and the gable ends painted red with vermillion. The town contained one hundred and twenty-two houses and wigwams, and a larger supply of pro- visions was found in this place than in any other three towns through which we passed.* It may now, perhaps, be proper to notice our manner of livelihood. Whilst marching in the wilderness, as before observed, we had only half our allowance of provisions, which was one half pound of flour, and one half pound fresh beef, or rather an apology for beef, as our cattle had become intolerably poor, in consequence of con- stant driving. When we came to an Indian town, we had neither meal nor flour, but only a trifle of salt. When we first came to the Indian towns, their corn was suitable to boil or roast ; of course we had plenty of succatash. When the corn be- came too mature for this, we converted some old tin kettles, found in the Indian settlements, into large graters, and obliged every fourth man, not on guard, to sit up all night, and grate corn, which would make meal, something like hom- iny. This meal was mixed with boiled squash or pumpkin, when hot, and kneaded into cakes, * It is said that upwards of seven hundred acres of grow- ing corn, besides vast quantities of other property, including more than a hundred and twenty houses, were destroyed at this place. H. B. D. and baked by the fire. This bread, coarse as it was, relished well among soldiers fatigued with their daily marches through the wilderness, and I very much doubt, whether one of them would have allowed George III. one morsel of it, to have saved him from the lock-jaw. On Monday morning, we were all engaged in picking corn, and carrying it, in our blankets, into the Indian houses. We completed our task, about noon, when we struck our tents and marched a short distance to a rising piece of ground, in the rear of the town, where we made a halt. We then fired a small field piece, as a signal for a party who was sent for the purpose of setting fire to every house and cabin in the town, filled with ears of corn in the husk, at one and the same instant. The sight of so many buildings on fire, the massy clouds of black smoke, and the curling pillars of flame bursting through them, formed an awful and sublime spectacle. Neither did it altogether escape our reflection what must be the inevitable consequence resulting from the destruction of all the sustenance of a multitude of natives. But when ve reflected on the inhuman barbarities they had inflicted on our own people, the scalps that we had seen hanging around their wigwams, from the aged parent of grey hairs, down to the resistless infant at the breast, we could not but feel justified in the act, whilst we lamented the dreadful necessity that impelled us to it. We now retraced our steps back to the garrison on the Tioga Point, with as much dispatch as p'ossible. As before observed, we arrived at Big Tree on Saturday night. On Sunday, a white woman "vas discovered coming towards our tents, leading by the hand a little boy, about four yea s old. Com- ing to our sentries, she enquired of them if they 23 knew where the Rebel army was. The term " Rebel " was particularly offensive to the guard ; but nevertheless, as she was a white woman, they asked her to explain, at the same time telling her that they were a part of General Sullivan's army, and that if she would escape with her life, she must not call them by the name of " rebel." She informed them that she had been a prisoner with the Indians about two years ; that at the time she and her little son were taken prisoners, her hus- band was killed by the savages ; and at the time we entered the town, the day before, the Indians were in such haste to get out of it, that she could not follow them, and finally lost herself in the woods ; that when she saw our tents she did not know but it might be Butler's camp, and if it proved to be, she would tell them she had been lost in the woods ; for if they discovered that she had made an attempt to escape, they would probably take her life. She was then shown to the General's Quarters, and well provided for. During our march to the garrison, she and her child were provided with a horse. On the third day of our march, her child was taken extremely sick. To leave them behind was certain death, either by starvation, or by the merciless cruelty of the Indians, who would naturally hang at a small distance in our rear. The want of provi- sions began to be extremely felt, and our Com- mander felt it to be his duty to push on, with all possible speed, to our garrison. The sickness of the child, however, still continued, and in a short time it expired in its mother's arms. Here was presented a scene that would melt the hardest heart. The poor little sufferer was wrapped in an old blanket, and placed in a hole, dug with a sharpened stick, in the ground ; then covered over, 24 and a few pieces of old rotten timber thrown upon it, to prevent the wild beasts from devour- ing its body. Our soldiers had faced the cannon's month ; they had in that expedition seen their comrades shot down by their side, and in an instant, seen them gasping in the agonies of death; they had seen the mangled bodies of the brave Boyd and his gallant party ; but the present scene called louder for their tears of sympathy, than aught they had witnessed before. A disconsolate widow, whose husband had fallen by savage bru- tality before her eyes, who for two long years had endured the hardships and privations of cap- tivity, among a race of beings whose tender mer- cies are cruel, in company with her little son, now mourning over the rudely constructed grave of all she held dear on earth, was a scene before which the hardiest veteran forgot the soldier and as- sumed the man. No female friend stood near, to offer one word of consolation. Pause for a moment, and reflect on her situa- tion Behold her and her husband, among the hardy adventurers of our frontier inhabitants, when after successfully encountering almost in- numerable difficulties, they were about to realize the benefits of their activity and labor, about to raise the cup of plenty to their lips ; when all in a moment is dashed away. Behold her husband, murdered and scalpeft before her eyes ; her habi- tation wrapped in flames ; she and her child bound, expecting every moment to share the same fate her husband had before. Hear the heart- rending screams of her little son ; hear too the war whoop of those merciless fiends of cruelty, brandishing the scalping knife and tomahawk over her head. Think of the two long years of captivity she had suffered, and finally of her es- 25 cape therefrom. Think of the time when Hope first began to brighten in her eye, and when she fondly cherished the pleasing expectation of once more seeing her surviving friends, with the only son of her murdered husband ; ajid then form, if you can, an adequate conception of the nature and extent of a mother's grief, under such dis- tressing circumstances. We pursued our line of march much in the same order that we did in going out ; sometimes encamping on the same ground. When we came to the place where we left the old mother of the red men, we found her there, but she had paid the debt of nature. The General ordered her to be buried. On returning through the swamp, our baggage horses had become so poor and weak, that we lost in this place more than a hundred, and it has been called, I suppose, The valley of Horse heath, to this day.* When we left Tioga Point, we left the princi- pal part of our clothing, by general order. We were not allowed any clothing besides that which we wore, with the exception of one spare shirt. Our clothing consisted of a short rifle frock, vest, tow trousers, shoes, stockings, and blanket. Marching nearly the whole time in the woods, among the thick underbrush, it may well be sup- posed that we had but little left of our clothing, on our return to the garrison. Our feet were many of them bare and bleeding. I shall ever remem- ber my own situation at this period. Destitute of shoes, and almost destitute of pantaloons, we en- camped one night on an open ground, covered * The town of Horseheads, Chemnng Connty, Xew York is the best record of this event which now exists. The vil lage of Horseheads is no longer known by its historical name, but glories in the meaningless soubriquet of "Fair- "port." H. B.C. 26 with wild grass. In the morning, the ground was covered with frost. Going some forty or fifty rods for water to boil my half pound of beef, Lieutenant Thomas Blake, of our Company, ob- served my situation, went to his portmanteau, took out a pair of shoes and a pair of pantaloons, and kindly presented them to me. When we came Avithin a few miles of the fort, an express was sent to the garrison for provision. We halted till the provision came, and with it a few kegs of whiskey. We remained here a clay or two, to recruit our almost famished bodies, when we again struck our tents an " presses it," " a long senseless story of the manner of God's "dealing with the souls of the elect, etc." Another advantage afforded is, that none need scruple sub- scription to Articles which have no determinate sense. He need not feel himself in the least hampered thereby. The gentle discipline of the Church is also a recommendation. It insists on no Puritanic Sunday. In its history is embodied the account of the Book of Sports enjoined to be read in the Churches by James I. and endorsed by his successor, Charles I. The Episcopal Church is not over scrupulous on such matters. It is engaged to its policy by its inveterate preju- dice against Dissenters who murdered the " Royal Martyr." Hence among its adherents no grave melancholy airs are put on. " An inviolable regard to the 'Royal Martyr' teaches " us how to keep Sunday." The disturbances occasioned by the Missionaries of the Episcopal Church in provoking controversies and divisions are exposed by transparent plausibilities. The Church itself is commended by the fact that having a King at its head, makes it more polite and fashionable. A great many Deists 3 are allured to It by this means, and make very good church- men. 4n another respect there is a great advantage in joining "the Church." The prayers are ready printed. Its members do not sit drowsily idle. They have a part to act. The his- torical character of the prayer, moreover, as that on occasion of the Gunpowder-plot, makes us who join in them better acquainted with history, and " more learned than the Dis- " senters." The fact also, that the prayer-book contains no forms for secret prayer is a great relief by which " our peo- " pie " are delivered from an irksome task. Bowing, more- over, is a considerable part of our religion, and of consequence renders us more expert at this senteel part of behaviour. Those who officiate have no need to rack their invention in prayer. This is an excellent advantage for young gentle- men who "desire to be preachers, and are conscious to " themselves that they don't pray very often, and are but "little gifted that way." The prayers are so repeated that the time of service is well filled up, and the Sermon need not be more than fifteen minutes long, no small advantage to young clergymen who are not very well acquainted with the Scriptures, and are less studied in Divinity. " The Church " too has " wonderful decent ceremonies." They tend to allure Papists far more than the bald worship of Presbyterians. Baptism by Sponsors provides that the rite may be performed in a polite genteel manner. Godfathers and Godmothers may oe selected' from the most respectable families, and thus gain greater respect for the ceremony. The sign of the cross also " waves devotion " over the whole ordinance. The kneeling, too, is a very reverent posture. The robes of the clergyman have the advantage of comeli- ness. " Can a man put on a black gown and not be sincerely " devout, or a white surplice and his hands not be clean and " his heart pure ? " Christmas also fills our hearts so full of joy and gratitude to Christ, whose birth we then celebrate, that " we drink " most cheerfully in remembrance of him, and spare neither " punch nor good Madeira." The Music of the Church is greatly improved by organs which " charm the ear, ravish the heart, and carry the souls " of churchmen ia raptures to heaven." Nor does " the Church " impose any rigorous discipline, which is a thing exceedingly distasteful to fashionable gen- tlemen. The introduction of lay Chancellors to discharge offices for the Church conduces to light censures, while offi- cers can become religious, as they ought to be, by the easy method of partaking of the Sacraments. A man who pro- poses to enter the Ministry may likewise secure a good tem- poral support by turning Missionary for " the Church." The Honorable Society who sustain him are honorable paymas- ters.* The poor Dissenting Ministers, if they get their full * There was more truth than irony in this statement. John salary, must take it in paper, while he is paid in silver and gold, and is as much better off than they as gold is better than paper. Besides all this, he may get all he can out of his hearers, in addition to what the Society gives. His task moreover is comparatively light. '' A Missionary " who has bought a good stock of penny sermons, may fol- " low his diversions or practise physic, all the week, and yet " preach a tolerable sermon on Sunday. He is accountable " to the Society only for his conduct." (Page 40.) Nor is this all. He has the chance to rise to preferment. The high dignities of the Church are open to him. " The " great Cardinal Wolsey was a butcher's son." Here, then, are preferments and benefices to fire the ambition of young clergymen of learning and parts. The writer confesses that he has dwelt on these temporal advantages mainly, but it has been because the hinge of the whole controversy turns on them. In fact there are good grounds to believe that there are ten times as many converts made by them, as by all other arguments put together. Still he will make a few remarks on the advantages which the church offers for the world to come. Churchmen as a class, he holds, are less affected than others with fears about future punishment. Presbyterians allow that all who are regenerated shall be saved, but the Church of England regenerates all her members by baptism, " wa- " ving over them the sign of the cross, by which they become " faithful disciples of the crucified Jesus." There are troubles among the Dissenters also, from which Churchmen have no apprehension. In New Hampshire, the former have remodeled the Assembly's Catechism. At Bos- ton a celebrated D.I).* at the head of a large party, boldly and openly ridicules the doctrines of the Catechism. In Courecticut, an Ordination Council proves that t ere is no ecclesiastical Constitution of the Colony. " The Church of England," he says, with special reference to Hart and Todd, who defended the proceedings at Duna's Ordination, at Walliugford, " will no doubt return her hearty " thanks to those sayacious gentlemen who have taken so Brainerd's salary as a Missionary to the Indians,- where he was constantly called upon to relieve the needy, was only forty pounds; yet he remarks, in a letter published in Eng- land, in 1753, " Sundry of our Missionaries from the Society " for Propagating the Gospel in Foreign Parts have sixty, " and some seventy,besides something very considerable from " their people ; I believe near half as much more." Braiuerd questions whether such expenditure was wise or in accord- ance with the intent of the founders and donors of the So- ciety, supplying a plentiful and populous country like New England, and sinking " thousands of pounds annually only " to gratify a few sticklers for a party." Life of John Drav- nerd, 2C-!. ' Rev. Dr. Mayhew is meant. " much pains to discover, and point out to the world, the " weakness and inconsistency of this (Saybrook) Platform." He closes by intimating that if this letter should be servicea- ble and the one addressed should conform and take orders, he could give him further directions for the successful man- agement of his mission, which would furnish materials for another long letter. The Real Advantages, &c., evidently hit the mark at which its Author aimed. John Beach of Newtown, the former an- tagonist of the two Dickinsons, felt called upon to reply to it in A Friendly Expostulation with all persons concerned in publishing a late Pamphlet entitled The Real Advantages, &c. This was an octavo of forty-five pages, published at New York in 1763. It is quite a tame production by the side of Wells's pamphlet. The Author complains and laments, and seems disposed to assume the tone and bearing of one who is injured and wronged without having offered provoca- tion. The controversy seems to have closed with a publication from the pen of the Congregational Minister of Newtown, who was of course Beach's neighbor, as well as his successor there. Beach it seems had published subsequently to his Friendly Expostulation, &c., another pamphlet entitled A Familiar Conference, &c.,and upon its appearance was issued Remarks upon a late Pamphlet entitled A Familiar Confer- ence, Published by the Rev. John Beach. In several Letters to a Friend. By David Judson, Minister of the Gospel in Newtown. New Haven : 1765. Octavo, pp. 22. In the preface to this, Judson speaks of the preceding Pamphlet by Beach, in which he complains of his course. But the main controversy now has degenerated into a dis- cussion of Arminian questions, and faith and works. In- deed the interest of it was soon to be effectually superseded by the publications of the two respective champions of Presbyterian and Episcopal ordination, Dr. Charles Chauncy, of Boston, and Dr. Thomas Bradbury Chandler, of Eliza- bethtown, New Jersey. Their writings commanded indeed the attention of the whole country; and Checkley and his opponents were heard of no more. HABUUI, N. Y. E. H. GIU.BTT. THE SPEECH OF Mr. JOHN CHECKLEY, UPON HIS T R YA L, At Bofton in NEW-ENGLAND, For PUBLISHING The Short and Eafy METHOD with the Deifts: To which was added, A Difcourfe concern- ing EPISCOPACY; In Defence of Cbrifti- anity, and the CHURCH y the Subtilty of Arguments, to draw into Dispute his present Majesty's Title to the Crown, &c. 2dly, Of scandalizing the Ministers of the Gospel by Law established in this Pro- vince. 3dly, I am charged with falsifying the holy Scriptures. ^thly, With representing the Church of Rome as the present Mother Church ; and lastly, with raising Divisions, Jealousies, and Animosities among his Majesty's loving Sub- jects of this Province. These are Crimes of a very heinous Nature ; and had they been as fully proved as they have been strongly suggested in the Indictment, I must acknowledge I should deserve a very severe Pun- ishment. Since then the charge against me is so very ex- traordinary ; since these Proceedings, and the Me- thods of my Prosecution seem to be something NEW in this Country ; and since I am so fully con- scious of the Innocencyof my Intentions, and that I had no Malice in my Heart : I believe your Honours will readily allow, that to be silent, at this Juncture, would look like an Argument of Guilt, and be truly Criminal. With your Honours Permission, then, I shall go on, and will endeavour to take up no more Time, than to advert to such Things, not so fully in- sisted on by my Counsel, as will further shew the Innocency of my Intentions, and that I had no Malice in my Heart, nor designed any thing against the Government. May it please your Honours, and you, Gentlemen of the Jury ; The first Passage pretended to be against the Government is this, P. 63. "As the Necessity ' ' of Government, and the general Commands in " Scripture of Obedience to Government, do re- " quire our Submission to the Government in be- ' ' ing, where there is no Competition concerning " the Titles ; that is, where no one claims a better "Right than the Possessor:" thereby (saith the Indictment) subtilly, by Arguments, to traduce and draw into Dispute the undoubted Right and Title of our said Lord the King, &c. But this was not designed, nor can it possibly be wrested, to hurt the Title of his present Ma- jesty ; unless any Person will make it appear, that another hath a better title to the Crown than his present Majesty ; which I am sure is not aver- red here, nor any thing like it. For the whole Sentence is no more than an hypothetic Proposi- tion concerning Government in general (without any averment of any particular Government) ; and founded upon this Maxim of the Law, that "bare Possession is a good Title, till a letter can le produced. But, (may it please your Honours) to shew you farther, that I had no evil Design against the (jovernmcnt, I beg Leave to remark, and to shew wherein I industriously alter'd the Phrase, to pre- vent any such Misapplication of it. In the Book from whence this Passage is tran- scrib'd, the Words run thus ; P. 36. " As the ' Necessity of Government, and the general Com- ' mands in Scripture of obedience to Govern- ' ment, do require our Submission to the Gov- ' eminent in being, where there is no Competition ' concerning the Titles, or any that claims a better ' Right than the Possessor." Here I beg your Honours, and you Gentlemen of the Jury, to observe, that these expressions, where there is no Competition concerning the Titles, or any that claims in letter Right than the Posses- sor : I say, these expressions in this Book, are not explanatory one of the other, but are disjunct ; and by the Assistance of a few, useful Innu- endo's, this expression, where there is no Compe- 4 tion concerning the Titles, might have been so dress'd up, as to have looked like something against the present Government. For every body knows, that there is a Competition concerning the Title to the Crown of England. But to prevent all Possibility of mistake con- cerning this Expression, and that it might not be pressed and forced to fight against the Govern- ment whether it would or not ; in this very Book it is explained in such a manner as (seems to me) to make it almost impossible for any one but an Enemy to the present Government, so much as to think that these Words were designed against it. For in this Boole, these Words, where there is no Competition concerning the Titles, are imme- diately explained in this Manner : THAT is, where no one claims a better Right than the Possessor. And by the Words, claims a better Right, must mean, justly claims a tetter Right. And indeed it is impossible to force it to have any other Meaning, if the preceeding and sub- sequent Matter, and the Design and Scope of the Argument be considered. For it is an Argument with the Dissenters from the Church of England, in this Manner, viz. Episcopacy was instituted by Christ, for the standing and perpetual Government of his Church. That Form of Government still exists in the Church of England. Therefore, supposing that the present Bishops did not derive there power by an uninterrupted Succession from the Apostles, but were appointed by the King, or by some others not having Epis- copal Power ; yet since they govern according to that Form which Christ appointed, tho' they did not come regularly by it, they ought to be obeyed, until some other person shall come and make it appear that they have a tetter Right to govern the Church, than those in actual possession. And the Reason for such Obedience is given, viz. That if it were not so, a Door would be opened to let in Anarchy and endless Confusion, if every bold Pretender to a Right should be hearkened to, and his BARE Pretensions, should be sufficient to alienate the Obedience of the Peo- ple, from those in actual Possession. This (may it please your Honours) is the Argu- ment. Now nothing is more plain, than that every different Sect among the Dissenters, ex- pressly affirm their own particular form of (what they call) Church Government to be of Christ's Institution, and claim a better Right to the Gov- ernment of the Church than the Bishops, whom they call Usurpers ; (particular Instances of which I am ready to produce ; but shall wave it, believing it would be no pleasure to your Hon- ours at this time, to hear with what scurrility some imprudent men have treated that venerable Order :) I say each differing Sect among the Dis- senters claim a better Right than the Bishops ; yet the Bishops and they only ought to be obeyed : Why ? Because none of these Dissenters have ever yet made it appear, that their claim is JUST. May it please your Honours : This is the whole Design and Drift of the Argument; and I have been thus long upon it, to make it appear to your Honours, and to you Gentlemen of the Jury, that is impossible to cloath these Words, claims a better RIGHT ; with any other meaning than JUSTLY claims a better right ; for otherwise, the Argument would have no design, but would be glaring Nonsense, and Contradiction to the im- mediately proceeding and consequent Matter, and to the Scope and design of the whole Book. 8 I hope your Honours, and you, Gentlemen of the Jury, will not take more notice of an Innu- endo an Inference, or Insinuation, than of an ex- press Declaration. And if there are any Words which seem to bear a doubtful Meaning, I hope your Honours will in all such cases incline to the most favorable Side. May it please your Honours, it is a known Kulc in the Roman Law, In ambiguis orationibus max- ime sententia spectanda est ejus qui eas protulis- set. Wherever Words are capable of a double Construction, there the Intention of the Speaker is chiefly to be looked after and attended too. I have solemnly declared, that I industriously altered the phrase, and with this very intention, vis. to prevent any Misapplication of it, as if it was design' d against the Government. Every Man hath a right to explain his own In- tentions ; and obscure expressions must not (I hope) have Meanings put upon them, contrary to express Declarations. This is a Rule in all common and civil Cases be- tween Man and Man ; but in criminal Cases, there that Law exacts a stricter and a nicer Proof. Wherever the Life or Liberty of a Citizen is con- cern' d, there the Proofs ought to be Luce meridi- ana clariora, as evident as the Sun at Noonday. But (may it please your Honours) what proofs have been produced, and in what Form have they appear' d ? Verily, in no very comely Form ! For they are nothing but bare and naked Inu- endo's and Insinuations. May it please your Honours, I mention these Maxims of the Roman Law, only as they are agreeable to the common Sense and Understand- ing of Mankind, as Rules of Reason and Equity :* and which (I would pers wade myself ) your Hon- ours will always make the Rule of your Actions. 9 Since therefore, I affirm, that there is no per- son, who JUSTLY claims a better Right to the Crown of England than his present Majesty, I hope your Honours will be of my opinion, that he who shall start at this Passage, and say, that it is against the present Government, looks like an Enemy to it ; for, without an Innuendo, it plainly intimates, that he thinks some other per- son besides his present Majesty, JUSTLY claims a tetter Title : which is by no means asserted in this Passage, nor in any part of the Book ; but the direct contrary. Wherefore I have an humble confidence, that your Honours, and you Gentlemen of the Jury, will not think this passage sufficient to make the Boole a Libel, nor me guilty. The next (pretended) scandalous Clause is this, pay. 107. "Let then the Commonwealth-men and ' the orators for the Power of the People, (if they ' will argue fairly and upon the square with us) 'set down the time when Monarchy did b3gin ' in the World, and see if this Clew will not lead 'them up to the Division of the Nations after ' the Flood, which I am sure no man (who has ' seen that Account which Holy Scripture gives us of it) will venture to say, was done by the ' People. Thereby (saith the Indictment) meaning and insinuating, that the Title of our said Lord the King to the Crown was not good. Now to evince beyond all Contradiction, that these Expressions likewise, bear not the least Resemblance of any Reflection, upon His Majesty's Title to the Crown, I most humbly entreat your Honours to hear me patiently, while I represent the true design of this Argument, and the impious Schemes against which it militates. First then: The Deists, (those Men who 10 would turn the World, and even God and Nature, upside down !) these men foolishly dream of an independent State of Nature ; that is to say, they affirm, that once upon a time (though they never yet could tell when) all Mankind were upon a Level, and that there was no such thing as Govern- ment in the world, and that Tom, Diet, and Har- ry, ay, every individual Man, Woman, and Child had a right to the whole World ; therefore, since God had not instituted any Government, they, the People, all of 'em met together, and (to prevent the dire Confusion that might happen upon the bloody Scramble that was like to ensue) they erected Government. This (may it please your Honours) is the Scheme of the Deists : And I am sure I need not tell you, that it is a direct Contradiction to the Holy Scriptures ; and these Deists not believing one Word in those sacred pages, no wonder they talk so wildly. It was the want of Revelation that made the ancient Sages grope so in the dark, and have such strange Notions concerning the Or iff in of the World, of Mankind, and of Government. The Wisdom (even) of Aristotle could never give a Solution to this single Question, Which was first, the Hen or the Egg ? If he said The Egg Then how came this Egg here, unless some Hen laid it ? If he said, the Hen was first. Then from whence came this Hen but from some Egg which must be before it ? This was an inextricable difficulty with Aris- totle. But a slender acquaintance with the first Chapter of Genesis would have informed him, that as God" made the first Hen, from which all of the same species have been derived ; so he like- wise created the World and Mankind, and actual- ly instituted a particular Form of Government, 11 giving to one Man the Dominion over the World, aud over all that he had created in it. The God of Order did not create a number of People all at once, without order and Govern- ment, and then leave them to scramble for Pro- perty and Dominion, as some Deistical Republi- cans would have us believe contrary to the express Words of Scripture. And to show that I do not abuse them, tho' I could bring a Multitude of Quotations from their own writings ; (but that I may not take up too much of your Honours time) I shall only produce three lines from their Veteran Mercenary, their oracle, Daniel de Foe, who certainly knew his own Scheme, To be as free as Nature first made Man, E'er the base Laws of Servitude began, When wild in Woods the noble Savage ran. This is their wild Notion of an independent State of Nature. But the Vanity and Falsehood of this brutal Scheme is detected, as with a Sunbeam, from the Holy Scriptures, from the first of Genesis, and from the Book of Job, where we are told (accord- ing to one Translation) Tliat vain Man is puffd up with Pride, and thinkshimself free-born like a Wild Ass's Colt. These Men would have all Mankind such Sava- ges. And they are fitly called Beasts, who range themselves in the natural State of Beasts, all inde- pendent, and no Government among them. It is this impious and Brutal Notion which the Argument in this Book militates against and des- troys. Secondly, The Word PEOPLE is an indefinite Term, and the Republicans could never yet agree concerning its true meaning. 12 That great Man Mr. Locke expressly says, that the free Vote of every individual is absolutely necessary to the erecting of Government, and, at the same time, says that it is impossible to "be had. And nothing is more certain than this, that no Country or Nation can be produced, where every one of the People hath a free Vote in the choice of their Rulers. And it is likewise certain, that at the very time -when the Democracy was most in Vogue, in ancient Greece and Home, all the com- mon People had not a Vote at the Election of their Magistrates. The Athenian Rabble did not chuse the Demar- chi, (Here the Chief Judge interrupted and said, the Court can't spend their Time in hearing you talk about the Greeks and Romans. It is nothing to your Case.) May it please your Honour. By the Statutes of Magna Charta chap. 29. 5 Edw. III. chap. 9. and 23 Edw. HI. chap. 5. No man ought to be condemned without Answer. Coke's 4 Instit. 38. And my Lord CoTce says in the same place, That the more high and absolute the Jurisdiction of the Court is, the more just and honourable it ought to be in the proceeding, and to give Ex- ample of Justice to inferior Courts. I was not suffered to defend myself in the inferior Court ; I beseech your Honours to let me make my Defence. (The Chief-justice said, well go on). I say thenthat the Athenian Rabble didnot chuse the Demarchi ; The Ephori of Sparta were not chosen by the Spartan Mob ; Nor did all the Roman Plebeians chuse the Roman Tribunes. This wild and impracticable (pretended) Power of the People, was never reduced to Practice by any Nation, or among any People, And it is only against this rude, confused notion, that the Argu- ment in this book is levell'd. Thus much for this licentious, unlimited," pre- tended Power of the People ! And as for the pretended Independent State of Nature, I'm sure that could have no Existence at the Time mentioned in the 10th of Genesis; when Nimrod (in prophane History called Belus) was King in Babylon and Asher built Nineveh the seat of the Assyrian Monarchs ; both which are mentioned in that Chapter. And from Nimrod we have the names of all the Monarchs, and their Succession, to the end of the Astyrian Monarchy. And after that of the Medes and Persians, the Greeks and Romans ; and from the Division of the Roman Empire, we have the Succession to the present Empire of Germany in the West, and the Sultan of Constantinople in the East. And in all this Tract of Time, not the least crevice to let in this wild independent State. These are publick Matters of Fact in which Mankind cannot be deceived. Therefore the Ar- gument in this Book stands good and firm, and may still, with good Reason, demand of the Re- publicans, at what JEra of time they will bring in their Original State of Nature ! And I have the same humble assurance that I had before, that your Honours, and you Gentle- men of the Jury, will not think this demand, nor the Argument against the Power of the People, as I have explained it, any Reflection upon His present Majesty's Title, nor sufficient to make me guilty, nor this Boole a Libel. The next and last Passage pretended to be against the government is this, p. 108. "Was 5 14 ' ' there ever a Time in the World when all Mankind ' ' (all but the Usurpers ! ) were all asleep ? This Clause likewise hath nothing in it against the Government any more than the foregoing. And to demonstrate that it has not, I must hum- bly beg leave to represent, to your Honours and to the Gentlemen of the Jury, its true and genuine meaning. In the Process of which Representa- tion, I shall be obliged, by the Nature of my Defence, to mention the Asembly of Divines at Westminister, and other Great Men among the Dissenters ; but I shall do it with all due deference to their Characters ; therefore I beseech your Honours to hear me patiently. This Question, What think ye, my Friends ? Was there ever a time in the World when all Mankind (all but the Usurpers) were all asleep, is only an ironical Expostulation, with those who affirm the Government of the Church by Bishops to be an Usurpation, and who (with Deists) deny the uninterrupted Succession of the Gospel Minis- try. The Book argues the Impossibility of such an Order of Men creeping into the Church all at once, and all the World over, without any Body's Notice or Knowledge ! And the Book is further proving positively, that in fact, these Bishops have always been in the Church since its first Institu- tion, and proves it by this Medium, vie. The Testimony of an uninterrupted Succession of Gospel Ministers. And since it is part of the Charge against me, that I have ranked such with Deists who deny the Succession of the Priesthood ; I shall, in the Prosecution of this part of my Defence, (to save time) answer both in one. And in order to it I will (with your Honours leave) entreat the Assistance of those Presbyterian 15 Ministers, the Compilers of the Divine Right of Church Government, approved by the Westmin- ster Assembly, who, when it was objected against them by the Independents, after the first Edition of their Book, that by their Principles, an unin- terrupted Succession of ordained Persons was necessary ; which Succession they could not pre- tend to, unless they would justify the Anti Chris- tian Ordinations of the Church of Rome, &c., they added an Appendix to their Second Edition, wherein they considered the Objection, and re- turned an Answer to it under these two Heads, 1st, That the Reformation was begun before the Council of Trent ; and till the Council of Trent the Church of Rome was not so corrupted, as that her Ordinations were null. The Church of Rome could as validly ordain as baptize, and who did ever question the validity of her Baptisms ? 2dly, The English Clergy had not their Ordi- nations from Rome ; Christianity was verj^ early (Anno 63 or 64) in Great Britain, and Church Officers were then ordained, and a Succession of valid Ordinations was always uninterruptedly con- tinued. I must now (with your Honours Permission) seek for some Aid from The Divine Right of the Gospel Ministry, written, at least authorized, by the Provincial Assembly of London, published in the year 1654, which says, that Church Power is first seated in Christ the Head, and from him committed to the Apostles, and from them to Church Officers ; and they alone who have re- ceived it from the Apostles can derive and transmit it to other Ministers. All Ordination by the People is NULL and VOID, as being not only not grounded on Scripture, but against Scrip- ture. And to intrude into the Ministerial Office with- 16 out Ordination, is as the Sin of Korah and his Cjmpany. The same Provincial Assembly have much more to this purpose, in their other Treatise, called, The Divine Right of the Ministry of England, from whence (that I may not tire your Honours) I shall quote but a few things. Chap. 3. pag. 44. They say they think it no disparagement to their Ministry to say, they re- ceived it from Christ and his Apostles, and from the Primitive Churches, through the impure and corrupt Channel of the Church of Rome, ' ' And, 'p. 43. the receiving our Ordination from ' Christ and his Apostles, and the Primitive ' Churches, and so all along thro' the apostate ' Church of Rome, is so far from nullifying our ' Ministry, or disparaging of it, that it is a great ' strengthening of it, when it shall appear to all ' the World, that our Ministry is derived to us ' from Christ and his Apostles, by Succession of ' a Ministry continued in the Church for 1600 ' years, and that we have a LINEAL SUCCESSION l from the Apostles." Thus far the Westminister Assembly. And were it not intruding too far upon your Honours Patience, I would keep company with my Indict- ment (North about) to that part of Great Britain called Scotland, and shew, that (even) the Gene- ral Assembly of Scotch Presbyterians, held the absolute Necessity of an uninterrupted Succession from the Apostles; which I could abundantly prove ; but shall wave it, and close this part of my Defence, with the Words of that Great and Learned Man, the late Mr. Pemberton in his Dis- course of Ordination, p. 2. "It is not to be dis- puted that Christ has appointed a standing ' ' Gospel Ministry in his Church, to continue to ' ' the Consummation of all things. 17 "It was not a temporary Constitution, but a 4 standing Ordinance, that there should be in all ' Ages of the Church an Order of Men to repre- 4 ssnt his Person, publish his Laws, exhibit the ' Promises, and administer Seals and Censures. 41 This seems evident to a Demonstration, from ' the Promise of Christ's Presence to be with his 'Ministers to the end of the World. Matth. ' xxviii. 20. Thus far Mr. Pemberton. And I firmly believe that your Honours, and most of the Presbyterian and Congregational Ministers in this Country are of the same Opinion with this Great Man. There- fore I shall say no more upon this Head. Believing that what I have offered, will fully convince your Honours, and you Gentlemen of the Jury, what is the true Meaning and Design of this Clause, Was there ever a time in the World when all Mankind (all hut the Usurpers /) were all asleep ; and that it was not spoken concerning Civil Government at all, and therefore impossible to be any Reflection upon his present Majesty's Title to the Crown of England ; and at the same time demonstrate, that the ranking of such Men who deny the uninterrupted Succession of the Priesthood ^tnder the Gospel, with Deists, not- withstanding it is part of the Charge against me, that yet it is no Crime ; even your Honours, the late Mr. Pemberton, the General Assembly of Scotland, and the Assembly of Divines at West- minister, being my Judges. With your Honours permission, I shall now descend to another Part of the Charge against me, and of another Nature ; viz. Of scandalizing the Ministers of the Gospel by Law established in this Province. And I doubt not but that I shall fully clear myself from this part of the Charge likewise. 18 Wherefore in order to my Vindication, I shall endeavour succinctly to prove these three Proposi- tions. 1st. That no Acts of Assembly in this Province, either ~by Eight, could, or in fact, have estab- lished any way of Worship and Ministry whether Presbyterian or Congregational; so as to make THAT the Establishment, and the Episcopal Churches to be Dissenters. 2dly, That by a just and true Construction of the Laws of this very Province, the Church of England is established here. %dly, That by the Laws of England, the Church of England, as established in England, and NO OTHER, is positively established in all his Majesty's Plantations. I shall now endeavor to prove the'first Part of the first proposition, viz. That no acts of this Province, by Bight, could establish any way. of Worship and Ministry, so as to make THAT the Establishment, and the Episcopal Churches to be Dissenters. May it please your Honours. As the Books say, a Law made against the Law of God is void ; so the Charter to this Province from whence we derive our power to make Acts and Laws, reserves and expressly provides, that no Act shall be made repugnant to the Laics of England, which therefore, if made, would be ipso facto VOID. If therefore I can prove, that the Church of England is by the Laws of England established in the Plantations, AND NO OTHER ; then the establishing any OTHER, and making the Church of England to be Dissenters, is plainly repug- nant to the Laws of England, and consequently inconsistent with and against our Charter, and therefore VOID. As to the Second Part of the first Proposi- 19 tion. viz. That no Laws of this Province, in fact, have established any way of Worship and Ministry, so as to make THAT the Establishment, and the Episcopal Churches to be Dissenters. May it please your Honours, and you Gentle- men of the Jury : Had these Acts (for Instance) confirmed the Plat-form, and the Ministry pur- suant to that, then in Fact they had (or at least had attempted to have) established another Way and Ministry. But these Laws make use only of general Terms, hi relation to any way of Worship and Ministry, without ever mentioning either the Presbyterian or Cmgregational by Name ; therefore I humbly conceive that neither of these can be the Establish- ment, to the Exclusion of the Episcopal Churches, and so as to make them the Dissenters. I shall now endeavour to make good my Second Proposition, which is this, That by a just and true Construction of the Laws of this very Province, the Church of England is established here. And in order to it, I must ask leave of your Honours to premise a few things : 1st. That where the Acts of Assembly make use of any Words, and do not explain what they mean by them, I humbly conceive, that such Words shall be construed according to the Laws of England. As for Instance, the word Libel and Defama- tion in the Act about Criminals. The word Fee Simple in the Act for Distribution of Inheri- tances-, &c. 2dly, Where two Expositions may be of an Act, and the one is agreeable to the Laws of England, and the other contrariant or repugnant to them, I most humbly believe, that your Honours will take it in the first sense, and not in the latter. 20 Now without reciting all the Laws relating to Public Worship and Ministry, which would take up too much time, though I have them all ready, if your Honours shall think it necessary, I believe it will be sufficient to remark, that the acts of Assembly make use ONLY of indefinite Expressions and general Terms. For Example, in the 4iA and 5th of William and Mary, the Act makes mention of a gathered Church, and provides, that the Minister shall be chosen according to the Direction given in the Word of God ; and the Laws likewise ordain that each Town shall have an Orthodox Minister, or Ministers. But these Acts no where explain what those Directions in the Word of God are, nor what is meant by an Orthodox Minister. So that, I humbly conceive, Recourse must be had to the Laws of England, as is usual in like cases, to know the true and undisguised meaning of these general Terms and indefinite Expres- sions. And I am sure I need not inform your Honours what the Laws of England mean by the Words Church and Orthodox Minister. But that the Gentlemen of the Jury (who can't be supposed to be so well acquainted with the Laws of England) may know what they mean, I most humbly entreat your Honours patience, while I recite Part of the 12th of Eliz. Chapter 12. which was designed to settle Orthodoxy, and de- clares who shall be deemed Orthodox Ministers. The Act runs thus, " That the Churches of the Queen's Majesty's " Dominions may be served with Pastors of sound ' ' Religion : Be it enacted by the Authority of ' ' the present Parliament, That every Person un- " der the Degree of a Bishop, which doth or shall "pretend to be a Priest, or Minister of God's " Holy Word and Sacraments, by reason of any ' ' other Form of Institution, Consecration or Or- " dering, than the Form set forth by Parliament, ' in the Time of the late King of most worthy ' Memory, King Edward VI. or now used in the 'Reign of our most gracious Sovereign Lady, 'shall in the Presence of the Bishop, &c., de- ' clare his assent, and subscribe to all the Articles ' ' of Religion, comprized in a Book Imprinted, ' ' Entituled, Articles, whereupon it was agreed, &c . These (May it please your Honours) are the Ar- ticles of the Church of England ; And ' ' (says "my Lord Chief Justice Coke) the subscription " hereby required is to three Articles. " The 1st is, That the King's Majesty, under " God, is the only supream Governor of the " Realm, and all other his Highness's Dominions " and Countries. " 2dly. That the Book of the Common-Prayer, ' ' and of Ordering of Bishops, Priests and Dea- " cons, containeth nothing in it contrary to the "Word of God, &c. "3(% That he alloweth of the said XXXIX " Articles of Religion, and acknowledged them "to be agreeable to the Word of God. After reciting these three Articles, my Lord Coke goes on, And I heard Wray, Chief Justice "on the King's Bench Pasch. 23d of Eliz. re- ' ' port ; That where one Smith subscribed to the "said XXXIX Articles of Religion, with this " Addition, (So far forth as the same were agree- ' ' able to the Word of God) that it was resolved " by him, and all the Judges of England, that " the Subscription was not according to the Sta- " tute of the 13th of Eliz. because the Statute re- " quires an absolute Subscription, and this Sub- "scription made it conditional; and that this 6 22 ' Act was made for avoiding Diversity of Opini- ' ons, &c., and by this Addition the Party might, ' by his own private Opinion, take some of them ' to be against the Word of God ; and by this ' means Diversity of Opinions should not be ' avoided, which was the Scope of the Statute ; ' and the very Act itself, made touching Sub- ' scriptions, hereby of none effect. Coke 4. Inst. '324. Now (may it please your Honours) if a Person (though episcopally ordained) who refuses to give his Assent and Consent to these three Articles absolutely, and without any Condition or Reser- vation, shall not, by all the Judges of England, be deemed Orthodox, or of Sound Religion ; (which is one and the same thing) much less (in my humble opinion) shall a Dissenting Teacher, who absolutely condemns Subscription, and im- agines that those who impose it, have not right Opinions of Religion, or are not of Sound Reli- gion, or Orthodox : I say, such a person (certain- ly) by the Laws of England, will not be allowed to be of Sound Religion or Orthodox ! Who likewise, in the Eye of the Law of Eng- land, is mere laicus, not in Holy Orders, but a mere Lay-Man. Since then the Laws of England allow no Minister to be Orthodox, but he who is Episco- pally Oi'dained, and who subscribes the abovesaid three Articles, which is a Minister of the Church of England. And inasmuch as by the Acts of Assembly of this Province, an Orthodox Ministry is established in every Town ; Therefore, by a just and true Construction of the Laws of this very Province (unless they are repugnant to the Laws of England) the Ministers of the Church of England are established HERE. I beg leave to remark under this head, that our present Govcrnour Col. Shute, in* his Order to the Magistrates of Bristol, &c., -wherein he pro- hibits their taxing the Churchmen towards the maintenance of any other Ministers of any other profession than Episcopal, calls the Church of England the established Church here. And the late Governour, Col. Dudley, (by wise Men deservedly acknowledged the wisest Man that ever was in this Country,) in a like Order, in Favor of the Church at Newbury, declares the Church of England to be the established Church ; and speaking of their Proceedings for settling a Church there, says, that they are according to Law, and that they ought to be suffered to go peaceably on for their good Establishment. May it please your Honours ; The Opinion of this great and wise Man, was founded upon his exact knowledge of the Laws of England ; some of which (by your Honours permission) I shall now produce, in order to make good my third Proposition ; viz. That by the Laws of England, the Church of England, as established in England, and NO OTHER is positively established in all His Majesty's Plantations. May it please your Honours, and you Gentlemen of the Jury ; The Common Law, and especially Magna Char- ta, is allowed to be the Law of the Plantations, and every Englishman's Birth-Right. And by that, the Holy Church, i. e. the Church of England, is for ever inviolably confirmed. The Church reformed, and confirmed, and es- tablished by the 2d, 3d, 5th, 6th, of Edw. VI. mentions England, Wales, Calais, and the Mar- 24 ches thereof, and other the King's Dominions, and says", the Inhabitants of this Realm, and other his Majesty's Dominions. This was repeal'd by the 1st of Mary ; but the 1st of Elizabeth took off that Repeal ; and men- tions again the Realm of England, Wales, or Marches of the same, and (or) other the Queen's Dominions ; and in the conclusion expressly inhibits any other to be established within the Realm, or any other the Queen's Dominions or Countries. The 13th of Eliz. which declares who are Or- thodox Ministers, entitled an Act for the Minis- ters of the Church to be of sound Religion, and provides, That the Churches of the Queen's Ma- jesty's Dominions may be served with sound Min- isters, &c. qualified as in the Act. Now, (may it please your Honours) I humbly conceive that by King's Dominions must be meant not only the THEN Dominions, but what shall be the King's Dominions at all times, while that Law remains in force. As (for Instance) Acts of Trade that extend to the Plantations, bind new or acquired places, added to the King's Dominions, after such Acts were made. And the 1 2th of Charles II. which was made after the settlement of these Colonies, confirms those former Acts, that mention the King's or Queen's Dominions or Countries. But above all, the 5th of Q. Anne, entituled, An Act for securing the Church of England, as by Law established, reinforces and confirms the 13th of Eliz. and the 12th of Charles II. and pro- vides, That the King shall swear to maintain the said Settlement, (i. e. by the said Acts, which acts comprehend .the King's Dominions or Coun- tries) of the Church of England, and the Gov- eminent thereof, as by Law established within the Kingdoms of England and Ireland, Dominion of Wales, and Town of Berwick upon Tweed, and the Territories thereunto belonging. And immediately declares, that this Act shall be held a fundamental and essential Part of any Union between the two Kingdoms. May it please your Honours ; By all the foregoing Acts, and by this Act in par- ticular, it appears, that the Church of England as established in England and no OTHER, is es- tablish'd in all his Majesty's Plantations. And by the same Act it appears, that to es- tablish any OTHER would be a Breach of the Union between the two Kingdoms. Therefore I humbly hope, that neither your Honours, nor you Gentlemen of the Jury, will look upon this Book, as written to the Scandal of the Ministers of the Gospel, established by Law, in this Province ; for it is a defence of THEM and their SACRED CHARACTER. May it please your Honours ; I have a great deal more to say in my Defence ; but perceiving that so much Time is already lapsed, I shall omit it, only begging leave to say some few Things to the Jury. Gentlemen, I would have you seriously consider what you are about. Remember that the Book indicted is, The Short and Easy Method with the DEISTS, an NO other ; a Book wrote in Defence of Christianity, in De- fence of our Holy Faith, against the blaspheming Deists. And tho' there are some Passages in the Indict- ment, which are spoken of the Congregational and Presbyterian Ministers in this Country ; yet I would have you consider, that these Passages are not in the Boole indicted, but in another. 26 But granting that they were there, I beseech you, gentlemen, to reflect with yourselves, whether those Gentle methods of reasoning and perswad- ing and those tender and compassionate Expostu- lations with those Gentlemen, to make them seri- ously consider with themselves, of the Validity of that Commission by which they act : I say, reflect (Gentlemen) whether this looks like Malice, and whether it should bring upon me such a severe Prosecution, and is sufficient to demonstrate me a Criminal. I would have you consider that I have suffered very much already on account of my Religion. May it please your Honours ; I shall now conclude, only beg leave to render Thanks for the Liberty granted to me (which was deny'd me at the Sessions) of making so particu- lar a Defence ; and if in the Prosecution of it I have said any thing ungrateful to your Honours. I am sure you will forgive me when you consider, that the nature of the Charge against me obliged me to such a manner of Defence. Wherefore, without any further Apology, I shall submit it to your Honours, and to you Gentlemen of the Jury, with all that Humility that becomes a Christian. Hoping, nay, being well assured, that you will not find me guilty, nor this Book a Libel. The Jury's Verdict. John Checlcley ) adsect' Dom. Reg. ) The Jury find specially ; viz. If the Book en- tituled, A Short and Easy Method with the DEISTS, containing in it a Discourse concerning Episco- pacy, (published and many of them sold by the said Checkley) be a false and scandalous Libel; t hen we find the said Checkley guilty of all and every part of the Indictment (excepting that sup- posed to traduce and draw into dispute the un- doubted Right and Title of our Sovereign Lord King George to the Kingdoms of Great-Britain and Ireland, and the Territories thereto belonging) But if the said Boole, containing a Discourse concerning Episcopacy as aforesaid, ~be not a false and scandalous Libel; Then we find him not guilty. Att. Samuel Tyley, Clerc. The Plea in Arrest of Judgment. May it please your Honours, Notwithstanding that I have been heard so fully by my Counsel, in Arrest of Judgment ; I must yet beg leave of your Honours, to say something further myself on the same Plea, Why Judgment ought to be Arrested. May it please your Honours; Upon my Trial at the Sessions, it was often de- clar'd from the Bench, that they would not have me suppose, that I was to be tried for writing any Thing in the Defence of the Church of England and of Episcopacy, against the Presbyterian or Congregational Ministers in this Country : NO, by no means! for the ministers were able to defend themselves. And to demonstrate to your Honours, that their Worships designed to amend the Indictment in that Particular, they ordered the Attorney-General to insist upon those three clauses only (pretended to be) against the Government. The Jury found me guilty of imagining and contriving, by the Subtility of Arguments, to traduce the Title of his present Majesty. (For it cannot be supposed, that they found me guilty of any thing else, since that and that 28 only, by order of the Worshipful Bench, was all the Charge against me.) And an heavy Judgment was thereupon given. From which Judgment I appealed to this Hon- ourable Court ; and after a full and fair Hearing, have been acquitted absolutely by a Verdict of Twelve Men, from being guilty of traducing and drawing into dispute the undoubted Right and Title of our Sovereign Lord King George, to the Kingdoms of Great-Britain and Ireland, and the Territories thereto belong. This was the Charge against me, and of this and this only, was I found guilty in the Lower Court. But the Verdict of the Jury in this Honourable Court, is an absolute Reversion of the Jury's Ver- dict before the Sessions. Wherefore I humbly hope, that this alone (if there were nothing else) will be thought sufficient why Judgment should not be given against me. For, with all due Submission, I cannot yet believe, that your Honours, in your superour Wis- dom, will ever give the least Occasion for the World to say, that the very formal Reason of my Condemnation was my publishing a Book en- tituled "A Short and Easy Method witli the " Deists, wherein the Certainty of the Christian "Religion is demonstrated by inf alii able proof " from four Rules, which are incompatible to any "Imposture that ever yet has been, or can possi- "bly be. To which was added another in Defence of the sacred and venerable Order of Bishops, and in Defence of the Church of England, in whose salutary Communion (by the Grace of God) / purpose to live and die. Nor can I possibly imagine, that this Honoura- ble Court will give the least Umbrage to People for their supposing that your Honours think the Justices at the Sessions, did not put my Trial upon a right Footing ; or that their Worships spoke unadvisedly, when they said, The Ministers can defend themselves. There are likewise other Things, which, in my humble Opinion, are worthy of the Notice of this Honourable Court, before Judgment is given against me. The Jury have brought in a special Verdict, and have not declared the Book a Libel, that being left with your Honours, whether you will adjudge it so or not. And that the Book may not be condemned as a Libel, I humbly beg leave to remark these few Things for your Honours consideration. It is a ruled case in my Lord Golems 4 Instit. 235. &. That if one shall say of a Merchant, That he is a Bankrupt, or would be a Bankrupt within two Days ; the Words contain Matter of a Libel, and are actionable. But I humbly conceive, that if the Merchant, of whom the Words were spoken, was actually declared a Bankrupt by the Laws of the Land, at the Time when the Words were spoken ; the Words would not contain in them the Matter oj a Libel respecting that Man, and consequently not actionable. The Use I would make of it is this. The Book, now under the Consideration of the Honourable Bench, contains in it Arguments for Episcopacy, all of them laid down, from the Beginning to the End, in a Hypothetic Man- ner, thus, If Jesus Christ instituted Bishops, and gave to them alone the Power of sending others, then those who pretend to have Christ's Commission and have not received it, either im- mediately from Christ, or immediately from these 7 30 Bishops, cannot be the Ministers of Christ accord- ing to Christ's Institution. And further, that if any Person shall causelessly separate from any sound Part of the Catholick Church, he is a Schismatic and Excommunicate, by voluntarily cutting himself off from the body of Christ. Now if any one shall make the Assumption and say, these are the Presbyterian and the Congre- gational Ministers &c. and their respective Con- gregations under them, Tet, (may it please your Honours) granting it to be so ; I humbly conceive, that the saying, con- cerning the Dissenting Ministers and their Congre- gations that they are no Ministers, and that they are Schismatics and Excommunicates (supposing that these Speeches were absolute and not conditional); yet, I say, I humbly hope, that this would not be actionable, nor respecting the Dissenters, Mat- ter of a Libel. Why? Because, the Dissenters of all Denominations, are declared to be Schismatics and Excommunica- tes by the Laws of the Land. And in order to make this appear I beg Leave to recite the 4, 5, 6, 7, 9, 10, 11, and 12th Canons of the Church of England published by his Majesty's Authority under the Great Seal of England, and now reprinted this very Year by the King's Printer, by Order of his Grace the Archbishop of Canterbury. * * * [After reading the Canons. May it please your Honours : There are no expressions in the Book at Bar, tantamount to these Censures of the Dissenters, in the Canons just now recited. And I shall humbly leave it with your Honours, if it may not be worth your Consideration, 31 whether the condemning this Bock, will not be a Declaration, that the Church passed these Censures against the Dissenters clave errante f But be that as it will, the Dissenters are affirmed to be no Ministers, to be Schismatics, and excommunicate by the Canons of the Church of England, which are part of the Laws of the Land ; and therefore, to say the same things of them, I humbly hope, shall not be deemed a Libel. The Sentence of Court. Suffolk, ss. At a Court of ASSISE, &c. Nov. 27, 1724. Checkley } adsect' > Dom. Reg. ) The Court having maturely ad- vised on this special Verdict, are of opinion that the Said JOHN CHECKLEY is guilty of publishing and Selling of a false and scandalous Libel. IVs therefore considered by the Court, That the said JOHN CHECKLEY shall pay afine of Fifty Pounds to the King, and enter into Recognizance in the Sum of One Hundred Pounds with two Sureties in the Sum of Fifty Pounds each, for his good Behaviour for six Months, and also pay Costs of Prosecution, standing committed until this Sentence be performed. Att'. Samuel Tyley, Clerc. FIN18. A SPECIMEN Of a TRUE a*. Diffenting CATECHISM, Upon Right TRUE-BLUE Diffenting PRINCIPLES WITH *LEARNED NOTES, By Way of EXPLICATION. S>ueftion. Why don't the Diffenters in their Publick Worfhip make ufe of the Creeds ? Anfwer. Why ? Becaufe they are not fet down Word for Word'vn. the Bible. S>ueftion. Well, But why don't the Diffenters in their Publick Worfhip make ufe of the Lord's- Prayer ? Anfwer. Oh ! Because that is fet down Word for Word in the Bible. * They're fo perverfe and oppofite As if they worfliip'd God for Spite. ;4~ fr ,' V f <. $ UNIVERSITY 01 j"x J- LOS ANGELES UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles ok is DUE on the last date stamped below. SEP 17 Form L9-42ro-8,'49(B5573)444 ***45?*?*4*r Loa 4/v, UC SOUTHERN REGIONAL LIBRARY FACILITY 3173 D32f