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ed Quakers, be a witness in criminal cases, and | bear offices? In no other. What can be the reason of this distinction in the Jerseys? Because in the infancy of that colony, when it came under the government of the Crown, there was, as appears from authentic vouchers, an absolute necessity from the scarcity of other proper persons, to make use of the people called Quakers in public employments. Is there such a necessity in this province? Or can the ministry be persuaded, that there is such a necessity? No, sir, those from whom they will receive their information, will grant no such thing; and therefore I think there is the most imminent danger, in case of a change, that the people of this society will lose the exercise of those rights, which, though they are entitled to as men, yet such is the situation of human affairs, they with difficulty can find a spot on the whole globe, where they are allowed to enjoy them. It will be an argument of some force, I am afraid, that the Church of England can never expect to raise its head among us, while we are encouraged, as it will be said, in dissension: but if an oath be made necessary for obtaining offices of honor and profit, it will then be expected that any of the people called Quakers, who are tempted to renounce their principles, will undoubtedly make an addition to the established church.

If any other consideration than that which has been mentioned, was regarded in granting that indulgence in the Jerseys, though no other is expressed, it seems not improbable, that the nearness of this province might have had some weight, as from its situation it afforded such strong temptations to the inhabitants of the Jerseys to remove hither, had they been treated with any severity.

Their government, in some measure, was formed in imitation of our government; but when this is altered, the English constitution must be the model, by which it will be formed. Here it will be said, "this cannot be done but by the Parliament, and will a British Parliament do such an act of injustice, as to deprive us of our rights?" This is the second argument used to prove the safety of the measures now proposed.,

Certainly the British Parliament will not do what they think an unjust act; but I cannot persuade myself, that they will think it unjust, to place us on the same footing with themselves. It will not be an easy task to convince them, that the people of Pennsylvania ought to be distinguished from all other subjects, under his majesty's immediate government; or that such a distinction can answer any good purpose. May it not be expected that they will say, "no people can be freer than ourselves, every thing more than we enjoy, is licentiousness, not liberty; any indulgencies shown to the colonies heretofore were like the indulgen

It is said that a Quaker was lately committed to jail, in New York, because he would not swear in a criminal case.

cies of parents to their infants; they ought to cease with that tender age; and as the colonies grow up to a more vigorous state, they ought to be carefully disciplined, and all their actions regulated by strict laws. Above all things, it is necessary, that the prerogative should be exercised with its full force in our American provinces, to restrain them within due bounds, and secure their dependence on this kingdom."*

I am afraid that this will be the opinion of the Parliament, as it has been in every instance, the undeviating practice of the ministry.

But, sir, it may be said, "these reasons are not conclusive; they do not demonstratively prove, that our privileges will be endangered by a change." I grant the objection; but what stronger reasons, what clearer proofs are there, that they will not be endangered by a change?

They are safe now; and why should we engage in an enterprise that will render them uncertain? If nothing will content us but a revolution brought about by ourselves, surely we ought to have made the strictest inquiries what terms we may expect; and to have obtained from the ministry some kind of security for the performance of those terms.

These things might have been done. They are not done. If a merchant will venture to travel with great riches into a foreign country, without a proper guide, it certainly will be advisable for him to procure the best intelligence he can get, of the climate, the roads, the difficulties, he will meet with, and the treatment he may receive.

I pray the House to consider, if we have the slightest security that can be mentioned, except opinion (if that is any), either for the preservation of our present privileges, or gaining a single advantage from a change. Have we any writing? have we a verbal promise from any minister of the Crown? We have not. I cannot, therefore, conceal my astonishment, that gentlemen should require a less security for the invaluable rights of Pennsylvania, than they would demand for a debt of five pounds. Why should we press forward with this unexampled hurry, when no benefit can be derived from? Why should we have any aversion to deliberation and delay, when no injury can attend them?

It is scarcely possible in the present case, that we can spend too much time in forming resolutions, the consequences of which are to be perpetual. If it is true, as some aver, that we can now obtain an advantageous change of our government; I suppose it will be also true next week, next month, and next year; but if they are mistaken, it will be early enough, whenever it happens, to be disappointed and to repent. I am not willing to run risks in a matter of such prodigious importance, on the

The subsequent conduct of Great Britain has fully evinced her resolution to adhere to such political maxims as these.

credit of any man's opinion, when by a small delay, that can do no harm, the steps we are to take may become more safe. Gideon, though he had conversed with "an angel of the Lord," would not attempt to relieve his countrymen, then sorely oppressed by the Midianites, lest he should involve them in greater miseries, until he was convinced by two miracles, that he should be successful. I do not say, we ought to wait for miracles; but I think, we ought to wait for some things which will be next kin to a miracle; I mean some sign of favorable disposition in the ministry towards us. I should like to see an olive leaf at least, brought to us before we quit our ark.

the time we were elected, that this matter could come under our consideration. We are not debating how much money we shall raise, what laws we shall pass for the regulation of property, nor on any thing of the same kind that arises in the usual parliamentary course of business. We are now to determine whether a step shall be taken that may produce an entire change of our constitution.

In forming this determination, one striking reflection should be preserved in our minds; I mean, "that we are the servants of the people of Pennsylvania,"-of that people who have been induced by the excellence of the present constitution, to settle themselves under its protection.

of an unknown wilderness, in hopes of enjoying in these woods the exercise of those invaluable rights, which some unhappy circumstances had denied to mankind in every other part of the earth.

Permit me, sir, to make one proposal to the House. We may apply to the Crown now, as The inhabitants of remote countries, impelled freely as if we were under its immediate gov- by that love of liberty which all-wise Proviernment. Let us desire his majesty's judgment dence has planted in the human heart, deserton the point, that has occasioned this unhap- ing their native soil; committed themselves, py difference between the two branches of the with their helpless families, to the mercy of legislature.* This may be done without any vio-winds and waves, and braved all the terrors lence, without any hazard to our constitution. We say, the justice of our demands is clear as light; every heart must feel the equity of them. If the decision be in our favor, we gain a considerable victory; the grand obstruction of the public service is removed; and we shall have more leisure to carry our intentions coolly into execution. If the decision be against us, I believe the most zealous of us will grant it would be madness to expect success in any other contest. This will be a single point, and cannot meet with such difficulties, as the procuring a total alteration of the government. Therefore by separating it from other matters, we shall soon obtain a determination, and know what chance we have of succeeding in things of greater value. Let us try our fortune. Let us take a cast or two of the dice for smaller matters, before we dip deeply. Few gamesters are of so sanguine a temper as to stake their whole wealth on one desperate throw at first. If we are to play with the public happiness, let us act at least with as much deliberation, as if we were betting out of our private purses.

Perhaps a little delay may afford us the pleasure of finding our constituents more unanimous in their opinions on this interesting occasion, and I should choose to see a vast majority of them join, with a calm resolution, in the measure, before I should think myself justifiable in voting for it, even if I approved of it.

The present question is utterly foreign from the purposes for which we were sent into this place. There was not the least probability, at

*This point was one of the stipulations approved by the Crown, in favor of the proprietors, with respect to the taxation of their estate. The governor, one branch of the legis

lature, insisted upon inserting in the bill then under consideration, the words of the stipulation, and thus adhered to the stipulation. The House of Assembly, the other branch of the legislature, insisted upon taxing the proprietary state, without being thus bound.

Thus, sir, the people of Pennsylvania may be said to have purchased an inheritance, in its constitution, at a prodigious price; and I cannot believe, unless the strongest evidence be offered, that they are now willing to part with that, which has cost them so much toil and expense.

They have not hitherto been disappointed in their wishes. They have obtained the blessings they sought for.

We have received these seats by the free choice of this people under this constitution, and to preserve it in its utmost purity and vigor, has always been deemed by me a principal part of the trust committed to my care and fidelity. The measure now proposed has a direct tendency to endanger this constitution, and, therefore, in my opinion, we have no right to engage in it without the almost universal consent of the people, expressed in the plainest manner.

I think I should improperly employ the attention of this House if I should take up much time in proving that the deputies of a people have not a right, by any law, divine or human, to change the government under which their authority was delegated to them, without such a consent as has been mentioned. The position is so consonant to natural justice and common sense, that I believe it never has been seriously controverted. All the learned authors that I recollect to have mentioned this matter, speak of it as an indisputable maxim.

It may be said, perhaps, in answer to this objection, "that it is not intended to change the government, but the governor." This, I apprehend, is a distinction only in words. The government is certainly to be changed from proprietary to royal, and whatever may be

intended, the question is, whether such a change | exercised over us? Does it become us to paint will not expose our present privileges to danger. in the strongest colors the follies or the crimes It may also be said, "that the petitions lying of our countrymen? To require unnecessary on the table are a proof of the people's con- protection against men who intend us no injury, sent." Can petitions, so industriously carried in such loose and general expressions as may about, and after all the pains taken, signed only produce even the establishment of an armed by about thirty-five hundred persons, be looked force among us? on as the plainest expressions of the almost universal consent of the many thousands that fill this province? No one can believe it.

With unremitting vigilance, with undaunted virtue, should a free people watch against the encroachments of power, and remove every pretext for its extension.

It cannot be denied, sir, that much the greatest part of the inhabitants of this province, We are a dependent colony, and we need not and among them men of large fortunes, good doubt that means will be used to secure that sense, and fair characters, who value very dependence. But that we ourselves should highly the interest they have in the present furnish a reason for settling a military estabconstitution, have not signed these petitions, lishment upon us, must exceed the most extraand as there is reason to apprehend, are ex-vagant wishes of those who would be most tremely averse to a change at this time. Will pleased with such a measure. they not complain of such a change? And if it is not attended with all the advantages they now enjoy, will they not have reason to complain? It is not improbable that this measure may lay the foundation of more bitter and more | lasting dissensions among us, than any we have yet experienced.

Before I close this catalogue of unhappy consequences, that I expect will follow our request of a change, I beg leave to take notice of the terms of the petition that is now under the consideration of the House.

They equally excite in my breast, surprise, and grief, and terror. This poor province is already sinking under the weight of the discredit and reproaches, that by some fatality, for several years past, have attended our public measures; and we not only seize this unfortunate season to engage her in new difficulties, but prepare to pour on her devoted head a load that must effectually crush her. We inform the king, by this petition, that Pennsylvania is become a scene of confusion and anarchy; that armed mobs are marching from one place to another; that such a spirit of violence and riot prevails, as exposes his majesty's good subjects to constant alarms and danger; that this tumultuous disposition is so general that it cannot be controlled by any powers of the present government, and that we have not any hopes of returning to a state of peace and safety, but by being taken under his majesty's immediate protection.

We may introduce the innovation, but we shall not be able to stop its progress. The precedent will be pernicious. If a specious pretence is afforded for maintaining a small body of troops among us now, equally specious pretences will never be wanting hereafter, for adding to their numbers. The burthen that will be imposed on us for their support, is the most trifling part of the evil. The poison will soon reach our vitals, whatever struggles we may make to expel it.

Hæret lateri lethalis arundo

The dart with which we are struck will still
remain fixed-too firmly fixed for our feeble
hands to draw it out. Our fruitless efforts will
but irritate the wound; and at length we must
tamely submit to
I quit a subject too
painful to be dwelt upon.

These, sir, are my sentiments on the petition that has occasioned this debate. I think this neither the proper season, nor the proper method, for obtaining a change of our government. It is uncertain whether the measures proposed will place us in a better situation than we are now in, with regard to the point lately controverted; with respect to other particulars, it may place us in a worse. We shall run the risk of suffering great losses. We have no certainty of gaining any thing. In seeking a precarious, hasty, violent remedy for the present partial disorder, we are sure of exposing the I cannot think this a proper representation whole body to danger. I cannot perceive the of the present state of this province. Near necessity of applying such a remedy. If I did, four months are elapsed since the last riot, I would with the greatest pleasure pass over to and I do not perceive the least probability of the opinion of some gentlemen who differ from our being troubled with any more. The rioters me, whose integrity and abilities I so much were not only successfully opposed and pre-esteem, that whatever reasons at any time invented from executing their purpose, but we have reason to believe that they were convinced of their error, and have renounced all thoughts of such wild attempts for the future. To whose throat is the sword now held? What life will be saved by this application? Imaginary danger! Vain remedy! Have we not sufficiently felt the effects of royal resentment? Is not the authority of the Crown fully enough

fluence me to agree with them, I always receive a satisfaction from being on their side. If I have erred now, I shall comfort myself with reflecting, that it is an innocent error. Should the measures pursued in consequence of this debate be opposite to my opinion, and should they procure a change of government, with all the benefits we desire; I shall not envy the praise of others, who, by their fortunate cou

rage and skill, have conducted us unhurt through the midst of such threatening dangers to the wished-for port. I shall cheerfully submit to the censure of having been too apprehensive of injuring the people of this province. If any severer sentence shall be passed upon me by the worthy, I shall be sorry for it; but this truth I am convinced of, that it will be much easier for me to bear the unmerited reflections of mistaken zeal, than the just reproaches of a guilty mind. To have concealed my real sentiments, or to have counterfeited such as I do not entertain, in a deliberation of so much consequence as the present, would have been the basest hypocrisy. It may perhaps be thought that this, however, would have

been the most politic part for me to have acted. It might have been so. But if policy requires that our words or actions should belie our hearts, I thank God that I detest and despise all its arts and all its advantages. A good man ought to serve his country, even though she resents his services. The great reward of honest actions is not the fame or profit that follows them, but the consciousness that attends them. To discharge, on this important occasion, the inviolable duty I owe the public, by obeying the unbiassed dictates of my reason and conscience, hath been my sole view; and my only wish now is, that the resolutions of this House, whatever they are, may promote the happiness of Pennsylvania.

THE DECLARATION ON TAKING UP ARMS.

On the twenty-third of June, 1775, Congress | very constitution of that kingdom, and desperate delegated John Rutledge, William Livingston, of success in any mode of contest where regard Doctor Franklin, John Jay, and Thomas John- should be had to truth, law, or right, have at length, deserting those, attempted to effect their son, "to draw up a declaration, to be published cruel and impolitic purpose of enslaving these by General Washington upon his arrival at the colonies by violence, and have thereby rendered camp before Boston." The next day they re- it necessary for us to close with their last appeal from reason to arms. Yet, however blinded ported a draft, which, after being debated, was that assembly may be, by their intemperate referred for further consideration on the follow-rage for unlimited domination, so to slight ing Monday. On that day it was recommitted, and John Dickinson and Thomas Jefferson were added to the committee. The final draft was laid before Congress on the sixth of July, 1775, and after being "read and debated by paragraphs," was adopted. Mr. Dickinson was the author of the declaration, which is as follows:*

justice and the opinion of mankind, we esteem ourselves bound by obligations of respect to the rest of the world, to make known the justice

of our cause.

Our forefathers, inhabitants of the island of Great Britain, left their native land to seek on these shores a residence for civil and religious freedom. At the expense of their blood; at the hazard of their fortunes; without the least If it was possible for men who exercise their charge to the country from which they removed; reason to believe, that the Divine Author of by unceasing labor and an unconquerable spirit, our existence intended a part of the human race they effected settlements in the distant and into hold an absolute property in, and an un-hospitable wilds of America, then filled with bounded power over others, marked out by his infinite goodness and wisdom, as the objects of a legal domination never rightfully resistable, however severe and oppressive, the inhabitants of these colonies might at least require from the Parliament of Great Britain some evidence, that this dreadful authority has been granted to that body. But a reverence for our great Creator, principles of humanity, and the dictates of common sense, must convince all those who reflect upon the subject, that government was instituted to promote the welfare of mankind, and ought to be administered for the attainment of that end. The legislature of Great Britain, however, stimulated by an inordinate passion for a power not only unjustifiable, but which they know to be peculiarly reprobated by the

* Journals of Congress, 1775.

numerous and warlike nations of barbarians. Societies or governments, vested with perfect legislatures, were formed under charters from the Crown, and an harmonious intercourse was established between the colonies and the kingdom from which they derived their origin. The mutual benefits of this union became in a short time so extraordinary as to excite astonishment. It is universally confessed, that the amazing increase of the wealth, strength, and navigation of the realm, arose from this source; and the minister who so wisely and successfully directed the measures of Great Britain in the late war, publicly declared that these colonies enabled her to triumph over her enemies. Towards the conclusion of that war, it pleased our sovereign to make a change in his counsels. From that fatal moment, the affairs of the British empire began to fall into

confusion, and gradually sliding from the summit of glorious prosperity to which they had been advanced, by the virtues and abilities of one man, are at length distracted by the convulsions that now shake its deepest foundations. The new ministry, finding the brave foes of Britain, though frequently defeated, yet still contending, took up the unfortunate idea of granting them a hasty peace, and of then subduing her faithful friends.

These devoted colonies were judged to be in such a state as to present victories without bloodshed, and all the easy emoluments of statutable plunder. The uninterrupted tenor of their peaceable and respectful behavior, from the beginning of colonization; their dutiful, zealous, and useful services during the war, though so recently and amply acknowledged in the most honorable manner by his majesty, by the late king and by parliament, could not save them from the meditated innovations. Parliament was influenced to adopt the pernicious project, and assuming a new power over them, have, in the course of eleven years, given such decisive specimens of the spirit and consequences attending this power, as to leave no doubt concerning the effects of acquiescence under it. They have undertaken to give and grant our money without our consent, though we have ever exercised an exclusive right to dispose of our own property; statutes have been passed for extending the jurisdiction of courts of admiralty, and vice-admiralty, beyond their ancient limits; for depriving us of the accustomed and inestimable privilege of trial by jury in cases affecting both life and property; for suspending the legislature of one of the colonies; for interdicting all commerce to the capital of another, and for altering, fundamentally, the form of government established by charter and secured by acts of its own legislature, solemnly confirmed by the Crown; for exempting the "murderers" of colonists from legal trial, and in effect, from punishment; for erecting in a neighboring province, acquired by the joint arms of Great Britain and America, a despotism dangerous to our very existence, and for quartering soldiers upon the colonists in time of profound peace. It has also been resolved in parliament, that colonists charged with committing certain offences, shall be transported to England to be tried.

But why should we enumerate our injuries in detail? By one statute it is declared that parliament can "of right, make laws to bind us in all cases whatsoever." What is to defend us against so enormous, so unlimited a power? Not a single man of those who assume it is chosen by us, or is subject to our control or influence; but on the contrary they are all of them exempt from the operation of such laws, and an American revenue, if not diverted from the ostensible purposes for which it is raised, would actually lighten their own burdens, in proportion as they increase ours. We saw the misery to which such despotism would reduce

us.

We, for ten years, incessantly and ineffectually besieged the throne as supplicants; we reasoned, we remonstrated with parliament in the most mild and decent language.

Administration, sensible that we should regard these oppressive measures as freemen ought to do, sent over fleets and armies to enforce them. The indignation of the Americans was roused, it is true, but it was the indignation of a virtuous, loyal and affectionate people. A congress of delegates from the united colonies was assembled at Philadelphia, on the fifth day of last September. We resolved again to offer an humble and dutiful petition to the king, and also addressed our fellow-subjects of Great Britain. We have pursued every temperate, every respectful measure; we have even proceeded to break off our commercial intercourse with our fellow-subjects, as the last peaceable admonition, that our attachment to no nation upon earth should supplant our attachment to liberty. This, we flattered ourselves, was the ultimate step of the controversy, but subsequent events have shown how vain was this hope of finding moderation in our enemies.

Several threatening expressions against the colonies were inserted in his majesty's speech; our petition, though we were told it was a decent one, and that his majesty had been pleased to receive it graciously, and to promise laying it before his parliament, was huddled into both houses among a bundle of American papers and there neglected. The lords and commons in their address, in the month of February, said, that "a rebellion at that time actually existed within the province of Massachusetts Bay, and that those concerned in it had been countenanced and encouraged by unlawful combinations and engagements, entered into by his majesty's subjects in several of the other colonies; and, therefore, they besought his majesty that he would take the most effectual measures to enforce due obedience to the laws and authority of the supreme legislature." Soon after, the commercial intercourse of whole colonies with foreign countries and with each other, was cut off by an act of parliament; by another, several of them were entirely prohibited from the fisheries in the seas near their coasts, on which they always depended for their subsistence, and large reinforcements of ships and troops were immediately sent over to General Gage.

Fruitless were all the entreaties, arguments, and eloquence of an illustrious band of the most distinguished peers and commoners, who nobly and strenuously asserted the justice of our cause, to stay, or even to mitigate the heedless fury with which these accumulated and unexampled outrages were hurried on. Equally fruitless was the interference of the city of London, of Bristol, and many other respectable towns, in our favor. Parliament adopted an insidious manœuvre, calculated to divide us, to establish a perpetual auction of taxations, where colony should bid against colony, all of them uninformed what ransom would redeem their

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