Chapter IX: The West, (7)

Virginia, action for a congress (1774), 99;
address to the king (1769), 83;
_Address to the Convention_, 272;
British in (1779-80), 546;
_Calendar of State Papers_, 515, 649;
commerce of (1671), 64;
(1770, etc.), 64;
com. of correspondence, 90;
Constitution of, written by George Mason and Thomas Jefferson, 261;
adopts a constitution, 272;
Declaration of Rights, 272;
in the Cont. Congress, 234;
Dunmore in (1775), 122;
disputes of bounds with Penna., 248;
over Ohio lands, 709;
influence in the Ohio country, 715;
early naval movements, 565;
effect of Boston Port Bill, 96;
establishes intercolonial com. of corresp., 54, 56;
fight at the Great Bridge, 168;
Norfolk destroyed, 168;
maps of, 538;
militia, 485;
at Camden, 533;
military ardor in (1774), 116;
movements (1774), 98, 117;
(1775), 107;
planting wheat instead of tobacco (1775), 121;
plundering expeditions to, 495;
Arnold in, 495;
and the Stamp Act, 29, 73;
Steuben in, 515;
sympathy for Boston (1769), 46, 113;
non-importation agreement, 47;
Ohio country a county, 729.

Von Holst, _Const. Hist. U. S._, 274.

Von Mirbach, 329.

Von Stern, 329.

Wabash Indians, 739;
treaty with, 724.
_See_ Ouabache.

Wabash Land Company, 650.

Wabasha, a Sioux, 737, 738.

Waddell, A. W., on the Regulators, 80.

Wade, Col. Nath., 460.

Wadsworth, Gen. Peleg, in the Penobscot expedition, 603;
letters, 603.

Wadsworth, Jas., on the Danbury exped., 348.

Wager, D. E., 626.

Wakefield, Ebenezer, 357.

Waldo, J. & D., 47.

Waldo, Sergt., diary at Valley Forge, 436.

Walker, B., _Life of Paul Jones_, 590.

Walker, C. I., _Northwest during the Rev._, 733.

Walker, Dr., in Kentucky, 715.

Walker, James, 421.

Walker, Mrs. Thomas, 222.

Walker, _Statesmen's Manual_, 274.

Wallabout Bay, 328.

Wallace, Sir James, 471.

Waller, Adj., letter, 194;
orderly-book, 205.

Walmscook, 356.

Waln, Robert, life of James Wilson, John Morton, Stephen Hopkins,
Thomas McKean, 265;
Josiah Bartlett, William Williams, Samuel Huntington, Geo. Rymer,
Matthew Thornton, William Whipple, Robert Morris, Abraham Clark,
265;
John Hart, 266;
of Francis L. Lee, 266.

Walpole, Horace, 175;
and the American war, 112;
his _George the Third_, 112;
his _Last Journals_, 112.

Walpole Grant on the Ohio, 687, 708.

Walton, Geo., life, 265;
autog., 266.

Walworth, Mrs. Ellen H., _Burgoyne and the Northern Campaign_, 315;
on Burgoyne's surrender, 358.

Wangenheim, map of movements in Jersey, 409;
surveys of Forts Clinton, etc., 364.

Ward, Andrew H., _Ward family_, 192;
_Shrewsbury_, 192.

Ward, Artemas, made general, 116;
commander-in-chief, 131, 134;
made second to Washington, 142;
commissions Mugford, 567;
on the Penobscot exped., 603, 604;
sluggish, 133;
left in Boston, 159, 205;
his papers, 159;
resigned, 159;
portrait, 159, 192;
supposed to be older than he was, 189;
notices, 191;
autog., 192;
letters from Cambridge, 203.

Ward, Geo. A., finds Paul Jones' papers, 590.

Ward, Col. Jos., 138, 203;
his order on the field at Bunker Hill, 138.

Ward, R. D., _Lafayette's visit to Va._, 555.

Ward, Gov. Samuel, 220, 222, 565;
his journal, 565.

Ward, Samuel, on Long Island battle, 329;
_Battle of Long Island_, 331.

Ward, Townsend, 423.

Ware, Joseph, _Journal_, 219.

Warner, Col. Seth, at Crown Point, 129;
acc. of, 129;
at Bennington, 301;
letters, 350;
notices by G. F. Houghton, 356;
by Highland Hall, 356;
by Chipman, 356.

Warren, Benjamin, at Cherry Valley, 666;
diary, 360.

Warren, Edw., _John Warren_, 194.

Warren, G. W., _Bunker Hill Mt. Asso._, 191.

Warren, Isaac, _Almanac_, 342.

Warren, Gen. James, autog., 566;
committee of correspondence, 89;
on Bunker Hill, 187;
letters, 203.

Warren, Dr. John, 188.

Warren, John C., 193.

Warren, Gen. Jos., 60;
his circular letter (1773), 57;
writes call for the tea-ships meeting in Boston, 91;
his attack on Bernard, 83;
draws up Suffolk Resolves, 100;
quells disturbance at Cambridge, 115;
his address on Boston Massacre, 88, 119;
the MS., 120;
on Lexington day, 125;
his last note, 132;
made general, 133;
Bunker Hill, 137;
portrait, 54;
by Norman, 193;
by Copley, 193, 194;
by Trumbull, 197;
letter on capture of Ticonderoga, 214;
on independence, 258;
purposes of Congress on his death, 194;
memorials of, 194;
statue of, 194;
accounts, 194;
remonstrates with Connecticut for sending messenger to Gage, 128;
killed, 139.

Warren, Mercy, _The parody parodized_, 86;
letters, 203.

_Warren Genealogy_, 194.

Warren (R. I.), 600.

Warwick (R. I.), 600.

Washington, George, in the Congress of 1774, 237;
would march 1,000 men to Boston, 114;
active in Virginia (1775), 131;
made commander-in-chief, 108, 133;
references, 133;
commission and instructions, 133;
his first letter from Cambridge, 141;
fac-simile of its heads, 141;
reaches Cambridge, 142;
assumes command of the army, 142;
holds council of war, 142;
his headquarters in Cambridge, 142;
disappointed in the N. E. troops, 144;
deficient in powder, 145;
commissions a navy, 152, 564;
Proclamation of repossessing Boston, 159;
moves his army to New York, 160;
sends Sullivan to Canada, 166;
letters on the siege of Boston, 173, 203;
their condition and repositories, 173;
entertains Caghnawaga Indians, 203;
medal for the siege of Boston, 206;
instruction for the Kennebec expedition, 217;
in New York, 275, 325;
his army, 275;
headquarters on Richmond Hill, 276;
his other headquarters in N. Y., 276;
retreats from Brooklyn to N. Y., 281;
condition of his army, 281;
urges enlistments for the war, 282;
calls for better officers, 282;
proposes to burn New York, 283, 334;
not wishing independence (1775), 255;
headquarters at Harlem, 284;
his army along the Bronx, 285;
at White Plains, 286;
at New Castle, 286;
rude cut of, 311;
on the battle of Brooklyn, 326;
plot to assassinate, in N. York, 326;
retreats from Long Island, 330;
the question of a fog, 330;
evacuates New York, 333;
at Harlem, 334;
movements above N. Y. (1776), 337;
orders the evacuation of Fort Lee, 367;
retreats through the Jerseys, 368;
given dictatorial powers, 373, 376;
attacks Trenton, 374;
at Princeton, 378;
his letters on the campaign of 1776, near N. York, 344;
in winter-quarters at Morristown, 379;
at Middlebrook, 379;
marches through Philad., 380;
at Brandywine, 381;
retreats to Chester, 382;
to Philadelphia, 382;
at Germantown, 385;
at Whitemarsh, 389;
at Valley Forge, 389;
proclamation about grain, 390;
distrusted in Congress (1777), 391;
the Conway Cabal, 392;
watches Clinton's withdrawal from Philad., 397;
pursues Clinton, 398;
at Monmouth, 399;
authorities on these campaigns, 403;
criticised by Jos. Reed, 403;
as dictator, 407;
in the campaign of 1777, 416;
at Morristown, 417;
at Middlebrook, 417;
marches through Philad., 418;
H. Q. at Brandywine, 419;
falsely informed at Brandywine, 419;
his Brandywine map, 420;
letter from Duché 437;
H. Q. at Stenton, 429;
on the defence of the Delaware, 431;
H. Q. in Philad., 436;
at Whitemarsh, 442;
at Monmouth, 445;
censures Lee, 446;
the Conway Cabal, 446;
his Fabian policy, 446;
reprimands Arnold, 451;
goes to Hartford to confer with Rochambeau, 454, 458;
returned before he was expected, 458;
receives letter from Arnold, 460;
prepares for any emergency, 460;
H. Q. at Tappan, 460;
orders André to be hanged, 460;
his correspondence with Clinton respecting the execution, 461;
his letters on the plot, 461;
H. Q. at Newburgh, 465;
his account of Arnold's conspiracy, 466;
_Domestic Life_, by Richard Rush, 466;
traduced for executing André, 467, 468;
his justification, 467;
later English authorities approve, 468;
countenanced the exchange of André for Arnold, 468;
encouraged Champe to abduct Arnold, 468;
meets Rochambeau at Weathersfield, 499;
attempts to surprise N. Y. forts, 499;
marches to Virginia, 500;
headquarters at Williamsburg, 506;
his opinion of Henry Lee, 510;
papers on the Yorktown campaign, 515;
on the Yorktown campaign, 549;
thanked by Congress, 549;
his epaulettes, 549;
his journals and orderly-books, 553;
Middlebrook, 556;
at Morristown, 559;
his H. Q., 559;
communications with Rochambeau, 560, 561;
at Totowa and Preakness, 561;
proposed attack with the French on New York forts, 561;
marches to Virginia (1781), 561;
at Livingston Mansion, 562;
was he a marshal of France? 562;
steps leading to his naval authority (1775), 565;
ceased supervision (1776), 567;
suggestions as to privateers, 591;
portrait of, 575;
takes command of the army, 612;
his instructions, 612;
authorized to use Indians, 616, 617, 633;
visited by Indians at Cambridge, 622;
his interest in Western lands, 649;
selects land for soldiers of the French war, 649;
on the Sullivan exped. (1779), 667, 669;
on Brodhead's exped., 671;
sends Arnold up the Kennebec, 673;
sends letter to the Eastern Indians, 674;
his journal in the Ohio region, 709;
his opinion of Clark's project for attacking Detroit, 731;
moves his army to the Hudson (1781), 744;
at Newburgh, 744;
Nicola's letter, 745;
Newburgh addresses, 746;
authorizes _Collection of Papers_, 746;
cessation of hostilities, 746;
farewell address, 746;
last circular to the States, 746;
at Rocky Hill, 746;
enters New York at the close of the war, 746;
parts with his officers, 747;
goes to Annapolis, 747;
resigns his commission, 747;
at Mount Vernon, 747;
message against Genet, 734.

Washington, Col. William, 481, 537;
at Trenton, 376;
charges at Cowpens, 482;
medal, 539.

Watauga besieged, 478, 676, 679.

Watauga Association, 678, 708.

Waterbury, Col. David, 325;
on Arnold's fight on Lake Champlain, 346.

Wateree River, 475.

Waterloo, N. Y., _Library and Hist. Soc. Proc._, 681.

Watertown, Mass., Prov. Congress at, 203.

Watrin, Father, _Missions of Louisiana_, 720.

Watson, Benj. Marston, loyalist, 253.

Watson, Elkanah, _Memoirs or Men and Times_, 203, 253.

Watson, H. C., _Old Bell of Independence_ or _Noble Deeds of our
Forefathers_, 259.

Watson, John Lee, _Paul Revere's Signals_, 174.

Watson, W. C., on Arnold's fight at Valcour Island, 377;
_Essex County, N. Y._, 214.

Wawarsing destroyed, 646.

Waxhaw Creek, Buford's defeat at, 475, 527.

Wayne, Anthony, 445;
at Paoli, 383;
court-martialled, 419;
on Germantown, 386, 421;
orderly-book, 437;
at Brandywine, 381;
on Arnold's treason, 466;
on the Northern campaign (1776), 346;
lives of, 514;
portraits, 385;
account of, by De Peyster, 385;
his house, 385;
at Monmouth, 400, 446;
surprised in Georgia by Indians, 677;
in Virginia, 497, 547;
in the Yorktown campaign, 501;
in Georgia, 507;
attacks Stony Point, 558;
at Bull's Ferry, 560;
hero of the _Cow Chace_, 560;
at Morristown, 561.

Weare, Mechech, his papers, 598.

Weathersfield, Conn., Washington and Rochambeau at, 561;
Webb House in, 561.

Webb, S. B., 187, 203.

Webber, C. W., _Hist. and Rev. Incidents_, 708.

Webster, Daniel, his correct estimate of the causes of the Revolution,
63;
_Address to N. Y. Hist. Soc._, 99;
on the Bunker Hill controversy, 190;
orations at Bunker Hill, 194.

Wedderburn, his attack on Franklin, 95.

Weedon, Gen., at Brandywine, 382.

Weems, Mason L., _Life of Marion_, 512.

Welling, J. C., on the _Mecklenburg Resolutions_, 257.

Wells, J. C., 729.

Welsh, Thomas, 88.

Wemms, William, 86.

Wemple, Edw., 366.

Wemys, Maj. James, his opinions of generals, 330;
criticises Howe, 330;
his papers, 518;
attacks Sumter, 480, 536.

Wesley, John, protects against the war, 111.

West, Benjamin, 463;
paints Bouquet's likeness, 692;
his sketches of Bouquet's campaigns, 699.

West Cambridge (Mass.) men at Lexington, 184.

West Point, 325, 455, 456, 556;
Moses Greenleaf plan, 451;
other plans, 459, 462, 465;
views, 463;
history of, by Boynton, 464;
fortified, 557.

Westchester County (N. Y.), history of, 325, 340.

Westchester Farmer (_see_ Seabury, Samuel, and Wilkins, Isaac), 104;
_Free Thoughts_, 104;
_Congress canvassed_, 104;
Hamilton's reply, 104;
_A View of the Controversy_, 104;
authorship in dispute, 104.

Westcott, Henry, _Centennial Sermons_, 184.

Western, Fort (Augusta, Me.), 163.

Westminster (Vt.) massacre, 172.

Westmoreland Papers, 516.

Westmoreland, Pa., 680.

Weston, Hannah, 564.

Weston, Thomas, Jr., _Peter Oliver_, 95.

Weymouth, Earl of, 43.

Whaleboat warfare, 591.

Wharton, Anna H., on Thomas Wharton, 272, 405;
_Wharton Genealogy_, 436.

Wharton, Chas. P., _Poetical Epistle to Washington_, 575.

Wharton, Samuel, 708;
on Indian lands, 650.

Wharton, Gov. Thomas, 272.

Wharton, Thomas, Jr., 405;
death of, 401.

Wharton family, 436;
their house, 436.

Whately, Thomas, 56.

Wheatley, Phillis, 146.

Wheeler, _No. Carolina_, 514, 678.

Wheeling, Va., 716.

Wheelock, Col., in the Northern campaign (1776), 346.

Wheelock, Rev. Eleazer, 655;
instructs Brant, 626.

Wheildon, W. W., _Siege of Boston_, 173;
_Revere's Signal Lanterns_, 175;
_Concord Fight_, 184;
_Bunker Hill_, 191;
_Solomon Willard_, 194.

Whipple, Abraham, cruising, 565;
sails to Bermuda, 567;
acc. of, 567;
portraits, 567;
letters, 567;
in the "Providence", 582, 583;
his captures, 584;
at Charleston (1780), 524;
autograph order, 472.

Whipple, Christopher, 565.

Whipple, Wm., autog., 263;
life, 265;
on Burgoyne's surrender, 358;
on privateering, 591.

White, Joseph, _Battle of Trenton_, 406.

White, Philip, 744.

Whitechurch, Robt., 510.

White Clay Creek, Pa., 421.

Whitemarsh, 416, 442;
Washington at, 389.

White Plains, 340;
Washington at, 286;
lines of corn-stalks, 286;
evacuated, 286;
Howe's blunders at, 291;
American position at, 336, 337;
references, 337;
Col. Hazlett's letter, 337.

Whitney, James L., _Lit. of Nineteenth April_, 185.

Whitney, Josiah, on Putnam's death, 190.

Whitney, Miss, statue of S. Adams, 41.

Whittier, J. G., "Great Ipswich fight", 128.

Whittlesey, Col. Chas., _Expedition of Dunmore_, 714;
_Fugitive Essays_, 649, 714.

Whittlesey, Capt. Ezra, 613.

Whittlesey, E. D., on Marshall's acc. of Danbury exped., 348.

Whyte, Robert, 425.

Wickes, Lambert, capt. in the navy, 370;
carried the first national vessel across the ocean, 571;
takes Franklin over, 571;
cruises around Ireland, 572;
difficulties in French ports, 572;
lost at sea, 573.

Wiederhold, plan of Trenton attack, 511.

Wilbur's Basin, 309.

Wild, Ebenezer, 220.

Wilkes, John, 11;
and the "Sons of Liberty", 72;
his efforts and speeches, 110, 121;
his comments on Burgoyne's speeches, 365;
"Wilkes and Liberty", 28.

Wilkesbarré, 606.

Wilkins, Isaac, his tracts, 104.

Wilkinson, Eliza, _Letters_, 520, 527.

Wilkinson, Gen. James, on Freeman's Farm, 356;
in Canada, 222;
plan of Trenton, 412;
of Princeton, 413;
_Memoirs_, 189;
carries news of Burgoyne's surrender to Congress, 358.

Wilkinson, J. B., _Binghamton_, 670.

Wilkinson, W. C., 361.

Willers, Diedrich, Jr., _Sullivan's Campaign_, 670.

Willet, Col. Marinus, at Fort Stanwix, 299, 350, 628;
attacks St. Leger's camp, 631;
_Narrative_, 350, 631;
in command on the Mohawk, 645;
threatens Oswego, 646.

Willett, W. M., _Marinus Willett_, 350, 670.

William and Mary, their charter for Mass. destroyed, 114.

Williams, Capt., 728.

Williams, Col., 475.

Williams, Mrs. C. R., _Biog. of Rev. Heroes_, 404.

Williams, David, 456, 466.

Williams, J. F., in the "Hazard", 582;
in the "Protector", 582;
engages the "Duff", 582;
her log, 582;
commands the Massachusetts fleet, 582.

Williams, Lieut., 148.

Williams, O. H., under Greene, 484;
at Guildford, 485;
accounts of, 537;
on Hobkirk's Hill, 542;
at Ninety-Six, 544;
at Eutaws, 545;
_Campaign of 1780_, 530;
in the South, 476.

Williams, Richard, plan of American lines round Boston, 212.

Williams, Wm., 187;
autog., 263;
life of, 265.

Williamsburg, Va., Wayne at, 501;
American army at, 501;
Washington's headquarters at, 506;
maps of, 553.

Williamson, Col. Andrew, map of his marches, 675;
invades Indian territory, 676.

Williamson, Col. David, 735, 736;
murders Indians, 736.

Williamson, Hugh, on the tea-ship commotions, 91;
on North Carolina Revolutionary history, 514.

Willing, Anne, 693.

Willing, Thos., 383.

Wilmington, Del., 421.

Wilmington, N. C., occupied by the British, 487;
map, 542.

Wilson, Chas., _Burgoyne's Campaign_, 361.

Wilson, D., _Jane McCrea_, 627.

Wilson, James, _Considerations, etc._, 106;
autog., 265;
life, 265.

Wilson, L., 461.

Wilson, R., 545.

Wilson, Thos., _Biog. of the Principal American Heroes_, 530.

Wilson, _Memoir of Bishop White_, 438.

Winnebagoes, 739.

Winsor, Justin, "Notes on the Causes of the Revolution", 68;
"The Conflict Precipitated", 113;
references on the siege of Boston, 172;
bibliography of Bunker Hill, 185;
edits Ware's journal, 219;
notes on the campaign round N. Y. (1776), 323;
notes on the authorities for the campaigns of 1777-1778, 403;
"The Treason of Arnold", 447;
"Events in the North, 1779-1781", 555;
on the extent of the Continental army, 588.

Winstanley paints John Adams, 36.

Winter Hill (near Boston), 206;
lines at, 207;
camp at, 202, 203, 204.

Winthrop, Hannah, 318.

Winthrop, James, at Bunker Hill, 202.

Winthrop, Prof. John, 187, 205.

Winthrop, Madam, 180.

Winthrop, R. C., on Charles Hudson, 184;
on R. Frothingham, 186;
_Address on unveiling Prescott's Statue_, 194;
_Oration at Yorktown_, 555;
address on Fort Griswold, 562.

Winthrop, Sam., autog., 50.

Wister, Sally, diary, 436.

Withers, Alex. S., _Chronicles of Border Warfare_, 248, 711.

Witherspoon, John, in Congress, 244;
autog., 264;
life, 265.

Withington, L., 219.

Woedtke, Baron de, letters, 225.

Wolcott, Oliver, autog., 263;
life of, 265;
on Bemis's Heights, 357.

Wolcott, Oliver, Jr., life of O. Wolcott, 265.

Wood, Sylvanus, 183.

Wood Creek (N. Y.), 298, 351.

Woodbridge, Col. Ruggles, 346.

Woodbridge, N. J., 372.

Woodbury, James T., 184.

Woodd, Lieut., 148.

Woodford, Gen., at Germantown, 385;
and his Virginians, 525.

Woodhull, Gen., captured, 280;
death of, 330.

Woodruff, Samuel, 357.

Woodstock, N. Y., 639.

Woolsey, Theodore, 464.

Woolson, C. F., "Up the Ashley", 471.

Wooster, Gen. David, killed, 348;
monuments to, 348;
near N. Y. (1776), 153;
differences with Schuyler, 161;
and Montgomery, 162;
in the Canada expedition, 220;
his character, 220;
letters of, 220, 221;
portrait, 225;
autog., 225;
at Montreal, 165;
at Quebec, 166;
recalled from Canada, 167.

Worcester, S. T., _Hollis_, 190.

Wragg, Wm., 79.

Wraxall, _Hist. Memoirs_, 112.

Wright, Aaron, 203.

Wright, Gov. Sir James, of Georgia, 611;
letters to Dartmouth, 90;
on the number of Indians, 651;
correspondence, 675.

Wright, Joshua G., _Address_, 168.

Wright, W. E., translates Rochambeau's _Memoirs_, 516.

Writs of Assistance, 68;
opposed by Otis, 11;
explained, 11;
legalized, 39;
references, 65;
enforced by Bernard, 65.

Wrottesley, Sir John, 330.

Wyandots, 610;
their home, 735.

Wyatt, Thos., _Generals presented with Medals_, 537.

Wyoming, 606;
Moravian Indians at, 606;
attacked, 634;
population of the valley, 634;
fortified, 634;
Forty Fort, 634;
defeat of Col. Butler, and massacre, 635;
losses, 635;
retreat of the invaders, 636;
account of massacre, 653;
early accounts, 662;
general accounts, 665;
bibliog., 665.

Wyoming Valley invaded by Pennsylvanians to dispossess the Connecticut
settlers, 680.

Wythe, Geo., 716;
autog., 265.

Yale Book, 189.

Yonge, C. D., _British Navy_, 589;
_Constitutional Hist. of England_, 75.

York, Pa., Congress at, 391, 419.

Yorke, Sir Joseph, his correspondence, 592.

Yorktown, campaign of, 547;
evidence on the responsibility of Cornwallis of Clinton, 548, 549;
correspondence of the surrender, 549;
news received in London, 549;
prisoners taken, 549;
maps of, 550, 551, 552, 553;
inquiry into the campaign in England, 516;
debates in Parliament, 516;
news received in England, 555;
acc. of centennial of, 555;
responsibility for the surrender, 516;
siege of, 501;
surrendered, 504;
forces engaged, 504;
fac-simile of articles of capitulation, 505;
Nelson House, 506;
Moore House, 506;
view of the capitulation field, 506;
medals, 506;
Trumbull's picture, 506.

Young, Arthur, _Observations_, 709.

Young, J., assigned to the "Saratoga", 583.

Young, Thomas, 88.

Young, Sergeant Wm., 406.

Younglove, Moses, 683;
his captivity, 659.

Zane, Elizabeth, 716.

Zeigler, W. B., _Heart of the Alleghanies_, 536.

Zeisberger, David, 734;
diary edited by Bliss, 736.

FOOTNOTES:

[1] The liberal party; for even as late as the Declaration of Independence, the Tory party were, by estimation, two fifths of the whole population.

[2] The validity of this title in the crown was recognized by the congress at Albany in 1754. Proceedings, in _Mass. Hist. Coll._, xxv. 64.

[3] The exercise of the prerogative, as a cause of the Revolution, finds its just prominence in Frothingham's _Rise of the Republic_, _passim_.

[4] Franklin thought differently. "The charters are sacred. Violate them, and then the present bond of union (the kingly power over us) will be broken." _Works_, iv. 296; Hutchinson, _History_, iii. 172. But see Chalmers's _Opinions concerning Colonies_, Index, under _King_.

[5] Its most serious invasion was when the Long Parliament, from the necessity of the case, exercised sovereign powers,—that of the prerogative among others.

[6] There is a notable instance in the case of the judicial tenure. By the British Constitution, the king is not only the fountain of justice, but by a legal fiction he administers it in person, as James I. once proposed to do; and on this theory of actual presence, he chooses his representative and removes him at pleasure. It follows that, when the king dies, the authority of his representative ceases. And such was the case until the reign of William III., when it was attempted to limit the king's prerogative, but with only partial success. By 12 and 13 Will. III. ch. 2 (1701), the judicial tenure was during good behavior instead of the king's pleasure. But George III., a most strenuous asserter of his prerogative, in 1761, soon after his accession, declared to the two Houses that he regarded the independence of the judges as one of the best securities of the rights and liberties of his subjects, and recommended that they should hold office, with settled and permanent salaries, during good behavior, notwithstanding the demise of the crown (_House Journal_, vol. xxviii. 1094); and this became the law by I Geo. III. ch. 23. Constitutionally the king sat in his provincial courts as well as in British courts, and his surrender of the prerogative ought to have extended to the former. That, however, was not the decision in 1763, when the New York Assembly remonstrated at the appointment of Chief Justice Prat, to hold during the king's pleasure, by whom his salary was paid. This caused great dissatisfaction in the colonies, and in Massachusetts especially, in 1773, when the judges were paid by the king. The matter was not free from practical difficulties. The king had rights to the revenue which colonial juries would not respect; and consequently in 1698 Parliament set up admiralty courts without juries. The king was also interested in the administration of the civil and criminal law; but unless the judges conducted themselves so as to suit the people, the representatives cut down their salaries,—that is, starved them into compliance with the popular will; consequently, the king thought it best not only to retain but to use his prerogative, with respect to the appointment, tenure, and pay of the provincial judges.

[7] "Give me leave to ask you, young man, what it is you mean by repeating to me so often, in every letter, the Spirit of the Constitution?" (Dean Tucker, _Letter from a Merchant in London to his Nephew in America_, 1766.)

[8] This was Jefferson's position, but he said he could get only Wythe to agree with him in the early days of the Revolution (_Writings_, Boston ed., 1830, vol. i. 6).

[9] "Why may not an American plead for the just prerogatives of the crown?" (_Works_, iv. 218.) "The sovereignty of the crown I understand. The sovereignty of the British legislature out of Britain I do not understand" (_Ibid._, 208). "Our former kings governed their colonies as they had governed their dominions in France, without the participation of British Parliaments" (_Ibid._, 262). "America _is not_ part of the dominions of England, but of _the king's dominions_" (_Ibid._, 284). This theory he carried to the farthest extent, and wrote that "when money is wanted of the colonies for any public service, in which they ought to bear a part, call upon them by requisitional letters from the crown (according to the long-established custom) to grant such aids as their loyalty shall dictate and their abilities permit" (_Ibid._, 156).

[10] _Works_, x. 321.

[11] _The Rights of Great Britain Asserted_, 82.

[12] An American annual revenue of less than two thousand pounds cost Great Britain between seven and eight thousand pounds a year (Bancroft, orig, ed. v. 88, citing the Grenville Papers).

[13] Vol. III. pp. 182, 267, and 381.

[14] A summary of these acts may be found in Adam Smith's _Wealth of Nations_, ii. 201; and they are discussed by John Adams in a series of letters to William Tudor (_Works_, vol. x. _passim_). The first act is understood to be a substantial reënactment of a law of the Long Parliament in 1651, suggested by Sir George Downing, a native of New England.

[15] Such, at least, seems to be the effect of the words "in English-built shipping", in the act of 1663, excluding those "of the built and belonging to" the colonies which were permitted by the act of 1660. But were the commodities and manufactures of England included among those of "Europe" which could be exported to the colonies only in English-built ships, or could the colonists send their own ships for them?

[16] From overlooking this option, this clause of the act has received unmerited obloquy. It was simple justice to the British trader.

[17] This legislation may be traced in the Table to the _Statutes at Large_, vol. ix., title Plantations, and, in part, in John Adams's _Works_, vol. x. 350, note. See also Franklin's _Works_, iv. 250, 400.

[18] _Wealth of Nations_, vol. ii. 435.

[19] _Colonial Policy_, vol. i. 7, 239.

[20] Cf. on this point a paper by Charles Deane in the _Amer. Antiq. Soc. Proc._, Oct., 1886.

[21] _Rights of Great Britain Asserted_, 87. But see Franklin's opinion as to these bounties (_Works_, iv. 225).

[22] Burke's _Works_, i. 457, Boston ed.

[23] _Colonial Policy_, i. 156.

[24] But see _Works_, iv. 301: "Depend upon it, the Americans are not so impolitic as to neglect settlements for unprofitable manufactures; but some manufactures may be more advantageous to some persons than the cultivation of lands."

[25] Burke's _European Settlements in America_, ch. vii.; _Works_, ix. 328.

[26] See Franklin's "Rules for Reducing a Great Empire to a Small One", in _Works_, iv. 387.

[27] See Thacher's "Draft of an Address to the King and Parliament", in _Proc. Mass. Hist. Soc._, vol. xx. p. 49.

[28] _Works_, x. 248.

[29] The writs to which he attributed so much importance require explanation. A vessel laden with dutiable goods ought to enter some established port and manifest her cargo at the custom-house for payment of duties. This the government justly demands, and with it the fair trader readily complies. Not so the illicit trader. Before reaching port he may discharge a portion of the cargo in some place remote from the custom-house; or in a regular port, by connivance, he may secrete a portion of it, and thus escape paying duties. In either case the revenue officer needs a search-warrant for such goods. If he applies to the court, he must set forth a general description of the goods concealed and the place where, together with the names of witnesses. This is recorded, and may be known to all parties interested. The result is, that the informer subjects himself to private animosity and public obloquy, and the goods meanwhile may be removed to some other place. This process may be repeated indefinitely, with like results. What the officer needs, therefore, is a general warrant, good for an indefinite time, not returnable into the court, and authorizing search of all suspected places at all hours of the day, for any dutiable goods supposed to be concealed. This is a Writ of Assistance. Its formidable nature is readily understood, and the objections to it are apparent. It is like those General Warrants which made a great noise in England in connection with John Wilkes (Campbell's _Lord Chancellors_, v. 207, American ed.; _Parliamentary History, 1764_, vol. xv. 1393). They are prohibited by the Bill of Rights in the Massachusetts Constitution, drafted by John Adams, as infringing the right of the citizen to protect his house from unreasonable search; and when the Constitution of the United States, without a similar provision, was submitted to the people, its absence was noticed, and the omission supplied by the fourth amendment. Such writs are now in force in England (16 and 17 Vict., ch. 107, sec. 221), but not in the United States.

[30] 7 and 8 Wm. 3, ch. 22, sec. 5.

[31] "BOSTON, Feb. 19th, 1753. Whereas, I am informed there still continues to be carried on an illicit trade between Holland and other parts of Europe, and the neighboring colonies, and that great quantities of European and Asiatic commodities are clandestinely brought from thence unto this port by land as well as by sea; and as I am determined to use my utmost endeavors to prevent the carrying on of a trade prejudicial to our mother country and detrimental to the fair trader, I hereby again give this public notice that if any person or persons will give me information where such goods are concealed, that they may be proceeded against according to law, they, upon condemnation, shall be very handsomely rewarded, and their names concealed; and I hereby direct all the officers of the customs within my district to be very vigilant in discovering and seizing all such contraband goods. H. FRANKLAND, _Coll._" (Nason's _Frankland_, p. 44.)

[32] Hutchinson, _History_, iii. 92.

[33] Quincy's _Reports_, Appendix, 407.

[34] It is of little consequence whether the merchants were instigated by one Barons, a dismissed revenue officer, or by Otis, supposed to have been influenced by the appointment of Hutchinson as Chief Justice to the exclusion of his father, who had cherished expectations of elevation to the bench on the first vacancy (Hutchinson, _History_, iii. 86; Tudor's _Life of Otis_, 55; and John Adams's _Works_, x. 281).

[35] Quincy's report, which is of the second hearing, Nov. 18, 1761, gives little more than the authorities cited. Minot adds a point in Gridley's argument (_History_, ii. 89). John Adams's notes, taken at the first hearing in February, may be found in his _Works_, ii. 521, and a more extended report, in Minot, _ut supra_, 91, and in Tudor's _Life of Otis_, 63. See also John Adams's _Works_, vol. x. _passim_.

[36] Horace Gray, Jr., sums up the whole matter in the following paragraph: "A careful examination of the subject compels the conclusion that the decision of Hutchinson and his associates has been too strongly condemned as illegal, and that there was at least reasonable ground for holding, as matter of mere law, that the British Parliament had power to bind the colonies that even a statute contrary to the Constitution could not be declared void by the judicial courts; that by the English statutes, as practically construed by the courts in England, Writs of Assistance might be general in form; that the Superior Court of Judicature of the province had the power of the English Court of Exchequer; and that the Writs of Assistance prayed for, though contrary to the spirit of the English Constitution, could hardly be refused by a provincial court, before general warrants had been condemned in England, and before the Revolution had actually begun in America. The remedy adopted by the colonies was to throw off the yoke of Parliament; to confer on the judiciary the power to declare unconstitutional statutes void; to declare general warrants unconstitutional in express terms; and thus to put an end here to general Writs of Assistance" (Quincy's _Reports_, Appendix, 540).

[37] _Works_, x. 183.

[38] Hutchinson, iii. 100.

[39] Pownall's _Administration of the Colonies_, 3d ed., Appendix, iii. 40.

[40] In 1763, when the Indians on the southern frontiers were menacing, Gen. Gage required 750 men from Massachusetts to assist in a movement against the Indians on the lakes. The House declined nor would it yield even when the Secretary of State urged compliance (Minot's _History_, ii. 142). But while Massachusetts refused the required assistance, Connecticut, though reluctantly, granted it,—a fact of much significance in respect to the reliability of voluntary contributions for the common defence of the colonies.

[41] More than 400 privateers had been fitted out from the colonial ports, which had cruised against French property even as far as the coast of France (Ramsay, _Amer. Rev._, i. 40).

[42] Grahame, _Hist. U. S._, iv. 138.

[43] See Vol. V. p. 613.

[44] See Vol. V. p. 177.

[45] In England, admiralty courts were without juries; but revenue cases were tried in the Court of Exchequer, with juries.

[46] Grahame gives a full and graphic account of these changes (_Hist. U. S._, iv. 170).

[47] "For some time before and after the termination of the war of 1755, a considerable intercourse had been carried on between the British and Spanish colonies, consisting of the manufactures of Great Britain imported by the former and sold to the latter, by which the British colonies acquired gold and silver, and were enabled to make remittances to the mother country" (Ramsay, _Amer. Rev._, i. 44).

[48] _History_, ii. p. 147.

[49] _Works_, x. 345.

[50] The expression is Governor Bernard's in January, 1764 (Frothingham's _Rise of the Republic_, 123, note). The consequences of breaking up the West India trade by the enforcement of the navigation laws, and its influence upon the minds of the commercial colonies, will more fully appear in the following facts. The sugar colonies, being cultivated by slaves, afforded an insufficient market for English manufactures. Consequently, the large ships which were needed to bring off sugar and molasses were obliged to proceed thither without profitable freight. But the Northern colonies, and New England in particular, could supply the islands with the commodities they needed,—cattle, horses, lumber for buildings, casks for sugar and molasses. A cargo of these commodities sent to the islands was exchanged for sugar and molasses, which were brought to New England; or for bullion, which, with a cargo of sugar, was carried to Old England. The freight money and bullion were exchanged for British merchandise, which was brought to New England, thus making a profitable double voyage. With her advantages of position and of profitable freight, New England also became the carrier of the sugar of the French islands to Spain.

[51] As to illicit trade in Rhode Island, and the measures to prevent it, see Bartlett's _Destruction of the Gaspee_, 6.

[52] _History_, iii. 108.

[53] _Ibid._, iii. 106.

[54] _Hist. U. S._, final revision, iii. 73. Two things in the above summary require explanation. Merchandise imported into England was subject to heavy duties; but if it was reëxported to America, then these duties, in whole or in part, were repaid to the importer, and the result would be that the colonists could purchase wines and Continental goods cheaper than could be done by British subjects at home. To equalize this burden, and still to derive a revenue, these drawbacks were reduced; and, of course, the British Exchequer would gain the amount of this reduction.

In the Treaty of 1763, two small islands, St. Pierre and Miquelon, on the south coast of Newfoundland, were accorded to France for the convenience of her fishing vessels. But they had been made ports of an illicit trade with the American colonies. Hence the prohibition of all trade with them.

[55] Printed as an appendix to Otis's _Rights of the British Colonies_.

[56] _Journal of the House_, 1764, 53. This paper was not Otis's pamphlet with a similar title, though it may have been the substance of it. See Frothingham, _Rise of the Republic_, 169, _n._

[57] _Ibid._, 66.

[58] _Ibid._, p. 72.

[59] The reader of Tudor's _Life of Otis_, 170, would infer that Hutchinson was chosen agent at this time instead of in the January preceding. _House Journal_, 1763-4, 236.

[60] Hutchinson's _History_, iii. 112.

[61] Minot's _History_, ii. 168.

[62] _Mass. State Papers_, 18 _et seq._

[63] Frothingham's _Rise of the Republic_, p. 171.

[64] Hutchinson's _History_, iii. 103. Two Americans, Franklin and William S. Johnson, were reporting on the Wilkes turmoils in England, at this time, to their home correspondents. Cf. Franklin's _Works_ (Sparks's ed.), vii. 401, 403; Bigelow's _Life of F._, ii. 9; _Mass. Hist. Soc. Coll._, xlix., 270 _et seq._

[65] Bancroft, _History_, v. 275.

[66] These resolutions are in Ramsay, _Amer. Rev._, i. 59.

[67] The proceedings, with the circular letter, may be found in the _Mass. State Papers_, 35.

[68] Of the colonies south of New England, South Carolina was the first to agree to the proposed congress. Ramsay, _Amer. Rev._, i. 68.

[69] Later, in December, he was compelled to renounce his office under circumstances of special ignominy, from which his age and character afforded no protection.

[70] Frothingham's _Rise of the Republic_, 184.

[71] Frothingham gives a summary of these papers, with the names of the committees who drafted them (_Rise of the Republic_, pp. 186, 187).

[72] Though this day was observed in several colonies by the tolling of bells, closing of shops, funeral processions, and other demonstrations of hostility to the act, there was no violence (Ramsay, _Amer. Rev._, i. 68, 70).

[73] _Mass. State Papers_, 61.

[74] _Parliamentary History_, xvi. 133 _et seq._

[75] _Mass. State Papers_, 81.

[76] _Mass. State Papers_, 91, 92.

[77] _Mass. State Papers_, 94.

[78] _Parliamentary History_, vol. xvi. 359; _Prior Documents_, 134. During the adjournment a double broadside had been issued, containing the proposed bill for compensation, an extract from Secretary Conway's letter to Governor Bernard, and letters from De Berdt, the agent, advising compliance with the parliamentary recommendation. A copy is in the Boston Public Library.

[79] Mahon's _Hist. of Eng._, v. 81.

[80] _Parliamentary History_, vol. xvi. 331.

[81] Bradford, _History of Mass._, i. 97.

[82] _Parliamentary Hist._, xvi. 375.

[83] 7 Geo. III. ch. 41, _Statutes at Large_, vol. x. 340.

[84] 7 Geo. III. ch. 46, _Ibid._, 369. Bancroft's account of these Acts is not quite accurate (_History_, vi. 84, 85): "By another Act (7 Geo. III. ch. xli.) a Board of Customs was established at Boston, and general Writs of Assistance were legalized." The execution of the Laws of Trade was placed under the direction of Commissioners of Customs, "to reside in the said Plantations", where the king should direct,—not localized at Boston. It was by ch. xlvi. sec. x., not xli., that Writs of Assistance were legalized. But a more serious error is in the statement that "Townshend's revenue was to be disposed of under the sign-manual at the king's pleasure. This part of the system had no limit as to time or place, and was intended as a perpetual menace." This is far from being accurate. By section iv. it is provided that the revenue arising from the act should be applied, in the first place, "for the charge of the administration of justice, and the support of _civil government_" in the colonies; and the residue was to be paid into the receipt of the Exchequer, and entered separate and apart from all other moneys, and reserved to be disposed _by Parliament_ for the defence of the colonies. It was the civil administration alone that could be paid by the king's warrant. The expense of the army could be appropriated only by Parliament; and the difference is worthy of attention.

[85] It was reported at a town meeting held at Boston on October 28, 1767, in which James Otis presided, that Lynn, in the previous year, had turned out forty thousand pairs of women's shoes,—an industry which has since grown to very large proportions,—and that another town had made thirty thousand yards of cloth (Frothingham's _Rise of the Republic_, 208).

[86] _Mass. State Papers_, 121, 124, 134.

[87] The circular letter was not adopted without opposition. Bernard says that the proposition was first rejected two to one; and after the measure was finally carried, in order to give the appearance of greater unanimity, the former proceedings of dissent were obliterated from the journal (_Letters_, 8).

[88] _Mass. State Papers_, 113.

[89] Abstracts of these papers convey no adequate idea of their strength. They must be read in their completeness, and so read, in connection with Lord Mansfield's speech in the House of Lords, one sees the arguments of each party stated at their best.

[90] Hutchinson's _History_, iii. 188.

[91] Gordon, i. 231. Governor Bernard has given an account of these transactions in a series of letters addressed to Shelburne or Hillsborough, and published in a collected volume. It is a graphic narrative, in many cases of events in which he had participated, or which he had learned from eye-witnesses. Apparently they are as fair as other partisan accounts of the transactions, which may be found in various histories. The truth yet waits to be told; but it will not be accurately told by one who assigns all sublimated virtues to one party, and the most malignant depravity to the other.

[92] See Hutchinson's _History_, iii. 192, and 488 for the address.

[93] _Mass. State Papers_, 156.

[94] For a summary of these replies, see Frothingham's _Rise of the Republic_, 213.

[95] _Letters 41._

[96] _History_, iii. 196.

[97] _Ibid._, iii. 197; see also Frothingham, 239.

[98] _Letters 40._

[99] _Mass. State Papers_, 147.

[100] Otis was chairman. On the first day several committees were appointed: one to learn from Governor Bernard the grounds of his apprehensions that additional regiments were expected; another to present a petition for convening the General Court "with the utmost speed;" and a third to take into consideration the state of public affairs, and report salutary measures at an adjourned meeting. The next day the governor replied that his information in regard to the troops was private: when he had public letters on the subject he would communicate them to the Council. As for calling another assembly, he could do nothing without his majesty's commands. Whereupon a series of resolutions and votes was passed to the effect that the inhabitants of Boston would defend the king, the charter, and their own rights; that levying of money within the province, or keeping a standing army, except by consent of the General Assembly, was in violation of the charter and of natural rights; that the several towns be asked (the letter is in Hutchinson, iii. 492) to send delegates to a convention to be held on the 22d; that on account of a "prevailing apprehension, in the minds of many, of an approaching war with France", the inhabitants be provided with arms; and that the ministers in town set apart a day of fasting and prayer. A broadside of these proceedings was published, of which a fac-simile is in the Boston Public Library.

[101] Hutchinson's _History_, iii. 212. They were the Fourteenth, Twenty-ninth, and part of the Fifty-ninth British regiments.

[102] _Parliamentary History_, vol. xvi. 476 _et seq._; Mahon's _History_, v. 240; Hutchinson's _History_, iii. 219.

[103] W. S. Johnson, _Trumbull Papers_, 317.

[104] Hutchinson's _History_, iii. 221.

[105] _Ibid._, iii. 494.

[106] _Writings_, i. 3 (Boston ed.).

[107] North Carolina adopted resolutions similar to those of Virginia, and associations were formed to prevent importation of British goods. Ramsay, _Amer. Rev._, i. 84.

[108] Part of the Sixty-fourth and Sixty-fifth regiments, under Colonels Mackey and Pomeroy, arrived at Boston November 10th.

[109] Hutchinson's _History_, iii. 233.

[110] _Ibid._, vol. iii. 498.

[111] He was created a baronet March 20, 1769 (Gordon, _History_, i. 275).

[112] An unpublished letter of this date, from Charles Lloyd to George Grenville, giving an account of the affair, is in the possession of the writer.

[113] W. S. Johnson, _Trumbull Papers_, 423.

[114] May, 1770. "Agreeably to a vote of the town of Boston, Capt. Scott sailed from thence this month for London, with the cargo of goods he had brought from thence, contrary to the non-importation agreement; to give evidence, on the other side the water, of the sincerity of said agreement" (_Mass. Hist. Coll._, ii 44).

[115] W. S. Johnson, _Trumbull Papers_, 421. The Minute of the Cabinet, May 1, 1769, by which Hillsborough was authorized to make the promise contained in his circular letter, may be seen in Mahon's _History of England_, v. Appendix, xxxvii.; and the reasons upon which the minute rests are both interesting and significant—"upon consideration of such duties having been laid contrary to the _true principles of commerce_."

[116] _Parliamentary History_, xvi. 855, 979

[117] W. S. Johnson, _Trumbull Papers_, 430.

[118] W. S. Johnson, _Trumbull Papers_, 435.

[119] _Parliamentary History_, xvi. 981

[120] _Ibid._, 1006.

[121] W. S. Johnson, _Trumbull Papers_, 437.

[122] _Administration of the Colonies._

[123] _Mass. State Papers_, 306.

[124] Lossing's _Field-Book of the Revolution_, i. 630. For a full account of this affair, see Bartlett's _History of the Destruction of the Gaspee_.

[125] W. E. Foster's _Stephens Hopkins_, Pt. ii. 95.

[126] Frothingham's _Rise of the Republic_, 266.

[127] For a full account of the formation and purpose of the Committee of Correspondence, with the names of the Boston members, see Frothingham's _Rise of the Republic_, 263.

[128] See resolutions and members of the committee in _Mass. State Papers_, 400.

[129] _History_, iii. 397.

[130] Ramsay gives these resolutions. _Hist. Amer. Rev._, i. 98.

[131] Frothingham's _Rise of the Republic_, 294; Hutchinson's _History_, iii. 441.

[132] Hutchinson's _History_, iii. 441.

[133] He died at Brompton, England, June 3, 1780.

[134] Frothingham's _Rise of the Republic_, 347.

[135] The action of the other colonies in respect to the proposed Continental Congress may be found in Frothingham's _Rise of the Republic_, 331, n.

[136] See authorities in _John Adams_, a pamphlet by the writer of this chapter, 1884.

[137] _Works_, iv. 109. I find in the works of no other writer, historical or political, more accurate conceptions of the causes, immediate and remote, of the Revolution, and so fair and judicial a statement of them. _Works_, i. 24, 92.

[138] Bancroft, v. 250.

[139] See _Rights of Great Britain asserted against the claims of America_ (London, 1776).

[140] _Works_, x. 321.

[141] _History_, ii. 43.

[142] _Ibid._, vi. 85.

[143] _Hist. N. E._, ii. 444.

[144] New York, 1882 by Eben Greenough Scott.

[145] In the absence of such a work, the student will find something to his purpose in the _Hutchinson Papers_ (Prince Soc. ed.), ii. 150, 232, 265, 301, 313 _et passim_; _Andros Tracts_, ii. 69, 215, 224, 233 _et passim_; Sewall's _Letters_, i. 4; Chalmers's _Political Annals_, in the notes particularly, and in his _Introduction to the History of the Revolt of the Colonies_; Palfrey, _Hist. New England_, ii. 444; iii. 276, 279, _n._ For the commerce and products of Virginia in 1671, and the effect of the navigation laws, see Chalmers's _Political Annals_, 327; and in 1675, _Ibid._, 353, 354; and for duties imposed on commerce by colonial assemblies, _Ibid._, 354, 404. For complaints of British merchants to Charles II. of infractions of the navigation laws by New England, _Ibid._, 400, 433, 437. See Ramsay's _American Revolution_, i. 19, 22, 23, 45, 46, 49; and Franklin's _Works_, iv. 37, for British trade with the colonies. Jefferson's _Notes_, 277, gives the amount of Virginia exports just before the Revolution. _Queries and Answers_, relative to the commerce of Connecticut in 1774 (_Mass. Hist. Coll._, vii. 234), affords much interesting information as to shipping, sailors, and importations from Great Britain, the course and subjects of foreign trade of the colony. For similar papers relating to New York, see O'Callaghan's _Documentary Hist. of New York_, 8vo ed., vol. i. 145, 699, 709, 737, and vol. iv. 163.

[146] _Works_, Boston ed., vol. ix.

[147] _The Late Revelations Respecting the British Colonies_ (published at Philadelphia, 1765, and attributed to John Dickinson) contains valuable statistics of commerce, and discusses the British commercial and revenue policy with great ability; also, _Considerations on the Propriety of Imposing Taxes in the British Colonies_, attributed to Daniel Dulaney, of Maryland, 1765; _The Right to the Tonnage_, by the same, Annapolis, 1766.

[148] Cf. Felt's _Massachusetts Currency_; Pownall's _Administration of the Colonies_, 102 _et seq._

[149] _Hist. N. E._, iii. ch. ix.

[150] Sewall says that the first admiralty court was held July 5, 1686, and that several ships had been seized for trading contrary to the acts (_Letters_, i. 34). Dudley was inaugurated May 26, 1686, and soon got to the work of enforcing the laws. See also _Andros Tracts_, iii. 69.

[151] The history of these writs is given, with a fulness and accuracy which leaves nothing to be desired, in the Appendix to _Quincy's Reports_, by Horace Gray, Jr. (now Mr. Justice Gray, of the Supreme Court of the United States). Besides other sources of unpublished information, in England and America, Mr. Gray had access to the _Bernard Papers_ (now in Harvard University library); in his administration these writs were legalized and efficiently used.

[152] See Vol. V. p. 612. For more than a century in the government of the colonies political considerations were subordinated to a commercial policy; New England was favored during the Protectorate, and Virginia after the Restoration, equally on political grounds. But with the beginning of the French War this commercial policy began to give way to an imperial policy. To the Congress of 1754 is due the distinction of being the only body, among similar gatherings before or since, which of its own motion seriously entertained and adopted a project of bringing the colonies, as a unit, into defined relations to the mother country, for general government in respect to their defence. Nobody saw more clearly than Franklin, or has more explicitly pointed out the necessity of some general government for the defence of the colonies (_Works_, by Sparks, iii. 32 _et seq._); and to secure these ends he was willing to go further, in some respects, even than Hutchinson. He admitted the power and necessity of parliamentary action in the alteration of colonial charters (_Works_, iii. 36). He provided that the President-General should be appointed and his salary paid by the crown (3 _Mass. Hist. Coll._, v. 70); that the Speaker should be approved by the President-General, thus admitting the validity of the prerogative (_Works_, iii. 44; and see Plan, that the assent of the President-General should be requisite to all _acts_ of the Grand Council, instead of all _laws_, as stated by Bancroft, iv. 123); and that the Grand Council should have power to "lay and levy such general duties, imposts, or taxes as to _them_ shall appear most equal and just" (_Works_, iii. 50). Bancroft, in summarizing the Plan of Union, drawn by Franklin, says (_Hist._, iv. 124) the general government was empowered "to make laws and levy just and equitable taxes", thus giving the impression that the powers of the Council were limited by absolute justice and equity, or by what each colony should so judge. But this is what Franklin neither meant nor said. He lodged the powers in the sole discretion of the Council, which is quite a different thing. Grenville or Townshend asked no more for Parliament. The General Assembly of Connecticut knew what the words meant. In their reasons for rejecting the proposed plan (I _Mass. Hist. Coll._, vii. 212) they say, "The proposal, in said plan contained, for the President-General and Council to levy taxes, &c., _as they please_, throughout this extensive government, is a very extraordinary thing, and against _the rights and privileges of Englishmen_." Their objections to Franklin's Plan read like an answer of the Massachusetts General Court, drawn by Samuel Adams, to a message of Bernard. The governor and council of Rhode Island had similar fears. They said that they found it to be "a scheme which, if carried into execution, will virtually deprive this government, at least, of some of its most valuable privileges, if not effectually overturn and destroy our present happy constitution" (_Rhode Island Hist. Tracts_, ix. 61). And that sturdy patriot, Stephen Hopkins, who was associated with Franklin, Hutchinson, Pitkin, and Howard in the Albany Plan, was subjected to much worry for invoking the parliamentary authority in modifying the Rhode Island charter, and was driven to self-vindication in A _True Representation_ (_Ibid._, I). Whatever modifications Franklin's opinions may have undergone in later years on other matters, "it was his opinion thirty years afterwards that his plan was near the true medium" (_Works_, iii. 24, Sparks's note).

There is a plan of union in the handwriting of Thomas Hutchinson (_Mass. Archives_, vi. 171, and in the _Trumbull MSS._, in Mass. Hist. Soc., i. 97; and printed in Frothingham's _Rise of the Republic_, Appendix) which probably expressed his sentiments in 1754, when it was rejected by the General Court. Like Franklin, he was willing to acknowledge and invoke the parliamentary authority for the union, with the power in the Grand Council to levy such taxes as they deemed just and equal; but, unlike Franklin, he did not allow the President to negative the choice of the Speaker by the Grand Council.

But no one wrote from a more varied experience, or more careful examination of colonial constitutions, and of their possible relations to the mother country, than Thomas Pownall. His connection with the Commissioners of Trade and Plantations, as their secretary in 1745, made him familiar with the difficulties of colonial administration from the British point of view; and his successive administrations, as lieutenant-governor, or governor, of New Jersey, Massachusetts, and South Carolina from 1755 to 1761, extended his acquaintance with the state of colonial affairs in the Northern, Middle, and Southern colonies. He was a moderate Whig, and, like all moderate men in those days, his counsels were duly regarded by neither party. He embodied his views in a work entitled _The Administration of the Colonies_, which passed through several editions. His scheme was elaborate and wise, if his concurrence with Franklin in points which they treat in common may be regarded as a test of wisdom. His commercial scheme was predicated on the general law that colonial trade follows capital, and, while sharing the benefits, pays profit to it. He would have left that trade free to develop itself within certain limits; but inasmuch as it must tend somewhere,—to the English, French, or Dutch,—he thought it right that the trade of English colonies should pay profit to England, as the country whose navy defended it, and by whose capital it was developed. But England ought to grasp this trade only as the centre of a commercial dominion of which America was a part and entitled to parliamentary representation, which he thought practicable. In theory he acknowledged the prerogative of the crown in respect to colonial government, but recognized the necessity of parliamentary intervention, and would have reduced both to cases of actual necessity, and would always have subordinated the question of power to the dictates of reason and expediency.

[153] See letter of Pownall to Franklin, on this subject, and Franklin's remarks (_Works_, iv. 199).