The candid retrospect; or The American war examined, by Whig principles.

THE CANDID RETROSPECT.

THE political creed of America (for I make no esti∣mate of two parties, who taken together are a Mi∣nority of the continent) may be comprised in the twelve following articles.

I. Every nation has authority to frame such a govern∣ment for itself, as will, without injury to others, be most conducive to its own felicity.

II. The national sovereignty under every form of go∣vernment whether in the hands of one, or of many per∣sons, or however modelled, is absolute; for no State can exist, if any of its members may by force or fraud attempt its subversion with impunity: And therefore, every na∣tion punishes treason, or an attempt tending to overturn the constitution, as the highest crime of which a subject can be guilty.

III. No man can be innocent, even F••ro Conscienti••••, in an endeavour to change the government of his country, if the meditated revolution will light up a civil war, and the miseries in prospect are likely to exceed those, which the community have been accustomed to endure.

IV. The establishments made in America by English emigrants and their associates, might in the early day of the colonies, if the parent country had been so determined, have been prevented or broken up.

V. The Lords and Commons of England, being con∣n••sant of the grants and charters of their Kings and Queens, for the encouragement of the colonies, and of the transactions under them; and afterwards co-operating

for regulating the plantations, rendering them secure a∣gainst foreign invasions and useful to Great-Britain, they cannot therefore be considered as merely Royal, but Parli∣amentary, or national establishments.

VI. The grants and charters to the colonies, and the posterior settlements, regulations and usages by the per∣mission, and with the knowledge or privity, and without the interdiction of Parliament, are incontestible proofs of a great national covenant between the Mother Country and the colonies, for her favours (which undeniably have been many and great) by inspiring the Colonists with confidence, and exposing them to hazardous and ex∣pensive undertakings, created rights; and gratitude never obliges to returns and surrenders, incompatible with those rights which are essential to the felicity of the receiver of the benefits.

VII. Before the year 1764, the King, Lords and Com∣mons, were universally acknowledged to be the supreme law-givers of the whole empire; of which the colonies were members.

VIII. The national c••••enant bound the parent country to protect and promote the colonies, according to the good faith implied in the grants and charters, and other royal and national acts in their favour, as far as was consitient with the general weal of all the dispersions of the nation; and it obliged the plantations to submit to her authority, in all cases not repugnant to their grants, charters and establishments; and to such acts aad contributions, as were necessary for the common defence and felicity of the empire.

IX. Neither of the contracting parties may dissolve this compact, as lo•••• as their joint aim in the union, to wit, their mutual prosperity, can be attained by it.

X. As no provision was made for constituting an impar∣tial Judge between them, to bridle or correct the partiality or infidelity of either party, therefore their controversies

are to be decided by negotiation and treaty, or on appeal by battle to the Lord of Hosts; for neither is obliged to surrender its essential rights at the will of the other, and each is justifiable in exerting its own self-preserving powers.

XI. When one of them wants either will or ability to fulfil its engagements, the other, if not instrumental to this disaffection or impotence, will be discharged from the original obligation. But,

XII. Since amongst imperfect beings offences are inevi∣table, the contractors are by the laws of a judge who can∣not be deceived, reciprocally bound, upon exceptions ta∣ken, to pursue every measure of a re-conciliatory nature, consistent with the end of the union; and to such mutual condescensions, as tend to the re-establishment of the ge∣neral felicity, peace and harmony: And this is the more eminently their duty, since the empire consists of other branches, which have offended neither of the parties at strife, and will nevertheless be ruined if the controversy ends in a separation,

In the application of these principles to the present quar∣rel, perhaps neither Great-Britain nor America will ap∣pear to be without blame.

What a new and awful idea of the constitution did the Parent Country hold up to her Colonies, at the passing of the stamp act! Her language was this:

"You Americans are absolutely ours. We may dis∣pose of your persons, your commerce, your lands and ac∣quisitions as we please. You have no rights. The grants of our Kings to your ancestors do not bind this nation. The privileges and securities of Englishmen cannot be yours unless you return to the old realm. Our ancient indulgences were temporary permissions, from which you can deduce no title to permanent enjoyments. Your plea that our Commons are not of your electing, and that we and they are interested in the increase of your burdens,

can come with propriety only from the mouth of a British inhabitant —All America is subject to our taxations; nor will we hear your complaints, until you first own our authority to deal with you as we please, and acknowledge that such benefits as you request, are to be expected not as of right, but of grace."

Had England such principles at the first emigrations, she was bound to declare them to the adventurers, before they gave themselves to the winds and the seas, to gain her a share of the wealth and commerce of the new world, by which her island has been converted into a Nation of Princes.

But thus she never did speak till this memorable aera; and therefore the Colonies were in consternation at the haughty tone, uttering this novel explanation of the nature of the union. They remonstrated—they resisted —and the instant Great-Britain took off the new burden, America re∣garded her deeds more than her words, submitting without cavalling, to that rational sovereignty she had formerly ex∣ercised, to the common advantage of the empire.

The grand desideratum of the moment in which the stamp-act was repealed (1766) was some plan for obtain∣ing in future the reasonable contributions of the Colonies for the common defence, consistent with the supremacy of Parliament and the freedom of America, either in the old or in some new and unexceptionable mode. If assemblies were no longer to be trusted, for grants on seperate requisi∣tions from the Crown (though the Colonies had in this way the credit of having overacted their parts) an Ameri∣can Parliament might have been constituted to insure and quicken the supplies; or permanent funds might have been set a part in every plantation for their quotas to the nati∣onal charge, rising and falling with the commerce of a co∣lony, perfectly consistent with their safety and the national supremacy, and requisite for the union and direction of their

force: But to the astonishment of common sense, Great-Britain, blind to futurity, and anxious only for present peace, contented herself with an empty declaration of her authority to bind the colonies in all cases whatsoever; and as if this would have prevented America from indulging jealousies, or have induced her to slide into security and confidence, she absurdly enrolled it among her laws. Easy themselves, the ministers of the day, devised nothing to counteract the poison administered by their predecessors, and seemed to be regardless of the durable interests of the Monarch they served, and the nation who resigned to their counsels. But to proceed, we remark,

1. That the present animosities are imputable to the pride and avarice of Great-Britain, in assuming an au∣thority, inconsistent with the compact by which the em∣pire had been long prosperously united. The colonies had the merit of returning to their submission, as soon as they were disburdened of the stamp-duties, the irritating asser∣tion of a right to despotic sovereignty over them notwith∣standing. They remained quiet till Mr. Townshend re∣vived the old claim in a new form, by imposing duties upon paper, paint, &c. for raising a revenue, subversive of the Colony Legislatures and the ancient customs of he empire.

2. That the Colonies were justifiable in censuring the new law devised to execute the tea duty act; for that aim∣ing to enforce the claim of absolute sovereignty obliged to some conduct or declaration against an unconditional sub∣mission—Perhaps it justified the open violation to which they resorted.—Representations and petitions having been tried without effect, what could be expected from the mere influence of dissuasions against the purchase of the dutied article? Had not the patriot dissuader to apprehend pro∣secution and ruin, unless when imprisoned, his country∣men would rise up against the government for his redemp∣tion?

And which measure was least exceptionable, the de∣struction of the commodity, or the rupture of gaols, for a deliverance of the prisoners in the confederacy, and the sudden overturning of the Colony Government for defeat∣ing the regular course of the law?

That the resentment of Great-Britain, on the destruc∣tion and expulsion of the tea cargoes, manifested in the co∣ercive measures of 1774, by altering the charter of the Massachusetts Bay, extinguishing the commerce of Boston, collecting an army there, rendering the soldiery dispunish∣able for the shedding of blood, modelling the province of Quebec favourable to the designs of compulsion and vio∣lence, was utterly unjustifiable, and an infraction of the league, which obliged Great-Britain to protect the colo∣nies; and these severities were the more inexcusable, since to that moment her sovereignty in all cases (the matter of taxation excepted) had not been denied by the Colonies; but was by all their courts, and in all their proceedings, confessed or implied, adjudged, and supported.

4. That the provinces were not blameable in forming a Congress, to unite their counsels and ward off danger, as they did in September 1774.

5. That it was the duty of the American Assemblies, and of the Congress acting for the whole continent, at that time to tender a plan to the Mother Country, for restoring peace, consistent with the compact, by which the Parlia∣ment of Great-Britain was to enjoy a supremacy for the common felicity of the empire; and consequently, that the declaration they then made, of the right of the colonies to an exclusive legislation, not only in cases of taxation but of internal polity, subject only to the negative of their so∣vereign, was a departure in terms from the original league; since it left no authority to the Parliament of Great-Britain over the Plantations, except for the regulation of the ex∣ternal commerce of the empire; and gave vigour to the

jealousy before excited, by the misrepresentations of their enemies, of a design to maintain an inauspicious union and confederacy with the Monarchs, and not with the Le∣gislature and People of Great-Britain; and that the intima∣tion of the same Congress, of the willingness of the colo∣nies, to acquiesce in their condition, prior to 1763, gave Great-Britain no sufficient ground to expect their submis∣sion, to the ancient acknowledged claims of her Parlia∣ment; since the repeal of the offensive statutes, without a retraction of the denial of her legislative authority, would, by a violent implication, establish the Congress's declara∣tion, and amount to a consent, that America was thence∣forth to be the Ally of Great-Britain, and not what the Congress, at that very time, averred her to be, a Member of the Empire. * 1.1

6. That it would not have been inconsistent with the dignity of Great-Britain, if instead of declaring war against her Colonies, as in the joint address of the Lords and Com∣mons to the King in January, 1775, she had animadvert∣ed upon the denial of her authority in all cases respecting internal polity, as an error; and have specified in what particulars the Americans should be restored to a uti posi∣detis relative to their charters, patents, assemblies, elec∣tions, and modes of government, &c. on condition of their contributing to the necessities of the Empire. And that the parliamentary vote of the 20th of February, 1775, would have more naturally effected a treaty of reconcilia∣tion, had it explicitly asserted, that the right reserved to Parliament, of approving the quantum of the Colony con∣tributions towards the common defence, was not claimed

upon the supposition, that Parliament authoritatively com∣mand levies, but only on her right to judge of the exercise or defect of a due sympathy in any branch of the empire, to the general necessities of the whole body; and especially if Great-Britain had at the same time intimated a readiness to consent to such checks, limitations and restraints, as might be necessary to insure the application of them, to

the end for which they were given; and had with these, promised a restitution of rights and act of oblivion. * 1.2

7. That it was a fault to issue that proposal, in terms capable of being construed, into an attachment to the prin∣ciple of unlimited submission, and accompanying it with acts for augmenting her force at Boston, and restraining the fishery and commerce of her Colonies, and for neg∣lecting to command a cessation of arms, until the Colonies had an opportunity to deliberate, with composure of mind, upon that proposal—more especially for her irritating sally to Concord and ••exington, on the 19th of April 1775, when no Governor but Mr. Gage had received the Parlia∣ment's conciliatory resolve.

8. That as this vote, under these circumstances, and the partial direction of her wrath against the New-England Colonies, favoured the opinion of its being contrived, to deceive and divide the Provinces, the Congress of 1775, had some pretext for flying to arms, to repel further in∣cursions of the British troops, till Government gave them an opportunity, in a condition less alarming, to explain the declaration of 1774 into a consistency with the ancient supremacy of Parliament, and to state the limitations re∣quisite for their safety, in answer to the February resolu∣tion or proposal.

9. That the total rejection of it in August 1775, and the neglect of the Congress to recall or explain the decla∣ration

of 1774, had natural tendency to exasperate the nation; and as the Continental successes in Canada, a•• the impotent state of the British army at Boston, did leave America in a condition for a more cool and deliberate con∣sideration of the controversy, than could have been expect∣ed immediately after the irritations at Lexington, Concord, and Cha••lestown, her Congress deserves the charge of abandoning to passion, if not to motives less excusable; it being then the palpable duty of both countries, by pro∣per agents in a confidential way, to state and explain their respective claims and desires.

10. That the neglect of Great-Britain to supersede the orders to the navy, for sacrificing every town on the Ame∣rican coast, which should prepare for defence; and•• her continuance of hostilities after the petition to the King, preferred by Mr. Richard Pean in August 1775, submit∣ting it to his wisdom to point to some plan for the restora∣tion of harmony, confirmed the cha••e of her commencing a war to maintain an illiberal dominion.

11. That the Congress would have had merit with their countrymen, if instead of 〈◊〉〈◊〉 it to the King to direct

to a m••de, by which the united applications of his faithful Colonists to the throne, in pursuance of their common councils, may be 〈◊〉〈◊〉 into a happy and permanent reconciliation;

they had at the same time expressly assured his Majesty, that they meant not by their declaration of rights in 1774, to exclude Parliament from participating in the regulations respecting the internal po∣lity of the Colonies: And that an ••••••••ission so naturally confirming the suspicion of a design to involve the Empire in blood, by a struggle for 〈◊〉〈◊〉 it, discovers, at least great imperfection in the counsels of that Congress; as it was reasonable to suppose, that the petition would be compared with the principles and temper manifested in the preparations for an offensive war into Canada, and the

disdainful rejection of the Parliament's proposal, of the month of February preceding.

12. That every partial view, whether of Great Britain, to aggrandize herself by extortionate exactions from the Plantations, regardless of their felicity; or of America, to figure as an independent power, on the ruins of Great-Britain, Ireland, and the other Colonies, Factories and Settlements, is unrighteous in the sight of God; and upon the belief of the manifestation of his justice in the govern∣ment of nations, must expose to the correction of his irre∣sistible and unerring hand.

13. Both countries being chargeable with inattention to the obligations they were under to pursue the measures requisite to a reconciliation, neither of them could reject terms consistent with the original compact, though no re∣imbursements were offered for the losses they had sustain∣ed. Add to this, that the controversy arose from—neglect in our early days, to concert such specifick stipulations as were necessary to prevent doubts and strife, and reconcile the safety of the Colonies with the general supremacy of Parliament; and that a definitive treaty restoring each country to a situation preferable to her primitive condition, afforded a reasonable security for her future felicity; Great-Britain's best hopes being founded on the dependence and union of America; and the Colonies being arrived at such a maturity of strength, as to command upon the principles of utility, a system of liberality, in the future management of their affairs.

14. That Great Britain even in passing the prohibitory act of December 1775, opened a door to pacification, as it repealed the Boston port act. and the two other coercive statutes for restraining the fishery and the commerce of the Colonies; and enabling the Crown to appoint Commis∣sioners, to render the prohibiting act itself useless, upon a treaty to be made with the Colonies, or with any port or

place within either of them; and more especially as the King's Ministers had so early as September (soon after the Congress's petition to the King) dispatched messengers, who in January 1776, had interviews with certain of the Delegates at Philadelphia, and made such intimations, as gave just ground to hope for an immediate termination of all differences had the Congress sent others on their part, to confess their willingness to negotiate upon the overtures, which Administration (then supposed by the Colonies or their Congress to have the lead of Parliament) stood ready to recommend to the national approbation. * 4.1

15. That the concealment of these pre-intimations, so explanatory of the true intent of the armanents expected in June and July, 1776, and of the nature of the commission and instructions given to Lord and General Howe, added to the guilt of the Congress, and favored the perilous design of drawing the people into the precipitate renunci∣ation of the dependency of the Colonies, the 4th of July, 1776, and of plunging their countrymen into a tedious and desolating war. * 4.2

16. That there is reason to suspect, that the views which

prompted to that awful resolution, will lead the Delegates

to practise every artifice, to hide its horrible tendency from

the eye of the publick; and if possible, to turn the quar∣rel

to their own emolument, at the expence of the blood and treasure of their country.* 8.2

17. That the appeal being made by the sword to the Omniscient Judge who will decide upon it with infallible rectitude, and the war wasting the empire, and tending to a separation ruinous to millions, who have taken no part in the controversy, it concerns those who began, as well as those who support and protract it, under the loud calls of justice, humanity, benevolence, honour, religion and the general interest, to cultivate concord, and a return to their ancient union, according to that compact which eminently advanced the common prosperity, antecedent to the year

1764; for no end however laudable and desirable, will justify a perfidious and ambitious violation of that cove∣nant, under which the two countries were placed by the Providence of God, be the prospect never so flattering to our zeal for the civil or religious interests of mankind; it being the indispensable duty of Christians, to seek for tem∣poral as well as eternal felicity in the way of well-doing; trusting it to the Supreme Ruler, to accomplish his bene∣volent design••, relating both to Church and State, accor∣ding to his own infinite wisdom and uncontroulable sove∣reignty.

18. If it was the duty of the Congress by withholding at first or afterwards re••••••ctng the declaration of 1774, which renounces the whole authority of Parliament in the concerns of civil polity, to have prevented an open war; or to have terminated it by messages in answer to the over∣tures of January 1776, when but few of the Colonies had thought of even temporary establishments for common order, nor any of them had authorized their Delegates to vote for a disunion, or to have checked the military operations, by calling for the terms brought out by Lord Howe, and sub∣mitting them, under a cessation of arms, to the considera∣tion of their constituents in autumn 1776, no subsequent transaction of the Congress, to give success to the unwar∣rantable project for dismembering the Empire, then con∣cealed from the multitude, can bind the rest of their coun∣trymen, in honour or conscience, to support a weak and wicked faction, in an obstinate prosecution of the war.

19. Who then are the real enemies of America, if not they who have perverted the virtuous aims of the main body

of the people for the defence of their rights and privileges, into a war for dominion? And seduced some, terrified many, and driven more, to assist in this extravagant enter∣prize—who, under the disguise of patriot zeal, did, unau∣thorized, dispatch an emissary in the winter 1776,† 8.3 to draw the ancient enmity of France into a contenton purely do∣mestick; and have since by various arts and assiduous la∣bours, in and out of Congress, opposed all peaceful nego∣tiations, and effected a league with the common see, to gratify the corrupt aims of private ambition and interest; and together with others, in divers posts, offices and em∣ployments, are feeding and thriving upon the miseries of their countrymen, and by force and fraud preventing their return to the blessings of peace, liberty and safety, under a most generous plan tendered by Great-Britain, with pro∣posals of a solemn covention, for advancing and perpe∣tuating the prosperity of the whole Empire?* 8.4

20. It being manifest that nothing will satisfy the di∣rectors of the American Councils (by whom several of the Colonies suffer themselves to be ruled) but measures in∣compatible with the safety of the many millions of the same natural stock with themselves in Europe, Asia and Africa, and in the contended dispersions in the Islands, as well as on the continent of America, Great-Britain will be justifi∣able in exerting the powers she enjoys for her preservation, to render the rebelled Plantations as impotent as they ap∣pear to be unfriendly, to the welfare of that vast commu∣nity, with whom they may be, as they once were, happily united; and from whom they are not sullenly severed, upon principles of partiality, reprobated by great multi∣tudes of their own countrymen, who have suffered insults, imprisonments, fines, sequestrations, and many of them death itself.

21. But since men's passions became inflamed, under errone∣ous views of the measures requisite to promote and secure the common interests of both countries, and it is scares possible for the ordinary 〈◊〉〈◊〉 of justice, biassed as they may be by pre∣judices, exactly to discern the line of separation, between that conduct, which from the motives and ends of the agent, may not deserve blame, and a behaviour in the eye of the law crimi∣nal and treasonable, it was wise and just as well as merciful in

Great-Britain, to issue as she did, in October 1778, general and undistinguishing pardons; that punishment might be inflicted only for guilt to be contracted in future, by persevering in a conflict, undoubtedly degenerated from a struggle for liberty, into an UNNATURAL REBELLION.

22. That the sufferings of the loyalists in all parts of the con∣tinent, from the hands of fellow subjects, who while violating the rights of private judgment, are nevertheless appealing in their fasts, prayers and thanksgivings, so the God of love and mercy, for their innocence, will eternally demonstrate the hypocrisy, avarice and profligacy of some, and the fanaticism of the rest of their oppressors; as the forbearance of Great-Britain, in not having yet executed a single rebel in her power, and in restrain∣ing from the devastations and complicated calamities, she might 〈◊〉〈◊〉 brought upon the avowed ally of her inveterate enemy, is of her lenity and ge••erosity: And that it will become her in future, to have tender regard, not only to her friends in Ame∣rica, but to discriminate the ignorant, the timid, the helpless, the uninformed and the seduced, by proportionable indulgen∣cies; and to remember at the final termination of the war in a reunion, the fidelity and affection she found here, and to strike hands with the Colonies, in a free and generous establishment of their privileges, bought by the blood of the American, as well as the European loyalist.

Lastly, That Great-Britain independent of her own interest in the controversy, i••, all circumstances considered, bound by justice and honour to prevent the ruin of her American friends, at every risk short of certain destruction to herself: And that it will be her duty, if compelled by adversity to conclude a disad∣vantageous peace, and to part with one or more of her Colonies to France, Spain or any other foreign nation, to stipulate in clear and strong terms, in behalf of the loyalists who may be found there, for every advantage of disposing of their estates, and free liberty to remove to such of the Colonies or Dominions as may not be unfortunately surrendered at the end of the war, to a popish or arbitrary power.

FINIS.

Notes

• * 1.1

  Extract from that part of the Proceedings of the Continental Congress, assembled at 〈…〉〈…〉, 5th of September, 1774, which was called "The American Bill of Rights."

  The inhabitants of the English Colonies in North-America, by the immutable law•• of nature, the principles of the English Constitution, and the several char∣ters or comp••••••s, have the following Rights.

  After affirming in the three first resolves, That the Americans are entitled to Life, Liberty and Property; that their ancestors had at the time of their emigra∣tion, all the rights, liberties and immunities of free and natural born subjects within the realm; that they were not 〈◊〉〈◊〉 by the emigration, and that their de∣scendants have a right to enjoy such of them, as consist with their local circumstan∣ces, it is

  Resolved 4thly, That the foundation of English liberty and of all free govern∣ment, is a right in the people to participate in their Legislative Councils; and as the English Colonies are not represented, and from their local and other cir∣cumstances, cannot properly be represented in the British Parliament, they are entitled to a ••ree and exclusive power of legislation, in their several Provincial legislatures; where their right of representation can alone be preserved, in all cases of taxation and INTERNAL POLITY, subject only to the negative of their Sovereign, in such manner as has been heretofore used and accustomed. But from the necessity of the case, and a regard to the mutual interests of both coun∣tries, we cheerfully CONSENT to the operation of such acts of the British Parlia∣ment, as are 'bona fide' restrained to the regulation of our external commerce, for the purposes of securing the commercial advantages of the whole Empire to the Mother Country, and the commercial benefits of its respective members; ex∣cluding every idea of taxation internal or external, for raising a revenue on the subjects in America without their consent.

  Can it be doubted that the party who introduced this resolve, had any other de∣sign than the severance of the Empire? Precluded as Great-Britain was to be in fu∣ture, from all 〈◊〉〈◊〉 of legislation, a••••••••ting the internal polity of every colony, how then could she check practices injurious to the common weal? she must rely, said the independant, upon the vigilance and fidelity of her Sovereigns: What? let can∣dour answer it, had the people of Great-Britain nothing to fear from their Kings? from Kings at the head of Colonies, that have already (even without the aid of the Crown) braved all the rest of the Empire? nay what security would those Monarchs have had for the continuance of their power.

  But the Congress consented (a term properly used after the whole authority of Parliament had been denied) to be subject to the laws of trade; and with this the honest and simple hearted Americans were contented, for few of them were aware of the craft which tacked to every such law, a condition to render it nugatory and void, unless while it continued the advantages of the commerce to Great-Britain, I should say, of the external commerce of the whole Empire, it secured at the same time, the commercial benefits of its respective members. An insidious addition, which brought some Delegates within doors, and thousands without, to approve in terms, a sentiment which in their hearts they abhorred. Is it in the understanding of man, to frame an act of trade, that will be proof against the cavils, to which such an article gave an handle? And would not the assent to it as a fundamental of the union, have set every colony upon the high ground of a contracting potentate; au∣thorised to resist by violence, what she might not be able to prevent by dissuasion? It was only to shew that an act of Parliament was not so beneficial to the Empire, or any part of it, as it might have been, to be void, and as easy to foresee that this principle admitted, it was impossible to pen a law, that would be valid in all or any of the Provinces. In short, if Great-Britain had run into one extreme for asserting her right to bind the Colonies in all cases whatsoever, was it not equally extrava∣gant to hold that she could bind us in none? I shall not disparage America, by assert∣ing that there were no persons here who discerned and detested at the day of these transactions, the design and tendency of this article of the declaration of rights; t••ere were, and with grief we must add, that there were members of that very Con∣gress, who, then overreached, have since died of vexation; as well as others, who to avoid the like imputation, sacrifice integrity to pride, and boast of being from the beginning in that plot, which has cost their coumtrymen an ocean of blood. Thousands must be able to point to the men, once as loud in denying, as they are at present in owning, the intention of severing that Empire from the year 1774. They have my consent for the fame they aspire after, and that what they wished to be be∣lieved, may never be questioned till that happy day, when themselves shall find safety, in producing the proofs they now are desirous to conceal.

  Is it asked, what should have been substituted for the resolve we condenm? I an∣swer, one safe to America and not injurious to the rest of the Empire. Had the De∣legates of that day the general felicity in their eye, might we not have looked for something like the following declaration as most consistent with the safety and sen∣timents of those, with whose lives and fortunes they were intrusted?

  The foundation of English liberty and of all free government, is a right in the people to participate in their Legislative Council. The Colonists are not, and from local and other circumstances cannot, be represented as the inhabitants of the ancient realm are, in the British Parliament. If only the objects of the bounty and care, and not contributory to the burdens of the parent nation, they could not complain of their not participating in her councils. But the case was altered after the Provi∣dence of God had enabled them to sustain, and we called them to bear, a part of the general charge for the common defence of the British stock, now dispersed in all quarters of the world. America has no unnatural desire to shrink from the load, but declares herself willing to submit to an equitable ratio. She expects it from the wis∣dom and justice of the Parent State to set limits to her power, that Great-Britain will abstain from all measures directly and indirectly tending to levy taxes, and from ••••••ements and innovations for humbling the Colonies into a base devotion to her arbitrary pleasure. She has drawn aids from them by her commercial regulations. Let a council be convoked to deliberate upon a settlement, to ascertain what con∣tributions the Provinces shall afford in future, for the protection she ought not to refuse.

  Such language as this could only have offended those, who meant to subject us to despotism: And it must be confessed to the honour of Great-Britain, that she threw out the first hint for an accommodation of differences by compact, in the resolve of the 20th of February, 1775. It is at the same time the misfortune of the Colonies, that their leaders preferred a defiance of her power to the tenders of her love. Look at the sullen answer to the conciliatory declaration, entered in the Congress minutes of the 31st of July, 1775, an answer too, unfairly suspended from the pre∣ceding April, that the multitude might in the interval, be the better prepared to approve its insidious contents. What incredible pains were taken to practise upon the Provincial Congresses, and inculcate the ludicrous idea uttered in Parliament, that liberty was set up at auction, to be sold to the Provinces bidding highest? And how grateful the poison of that parricide, to an inflamed populace, gulled into a destructive war, by the hope of paying nothing towards the charge for supporting and defending the liberties they enjoyed! Miserable Americans! say now who are your foes!
• * 1.2

  Extract from the Journals of the House of Commons.

  DIE LUNAE, 20mo Die Februarii, 1775.

  THE HOUSE in a COMMITTEE on the American Papers.

  Motion made and Question proposed,

  That it is the opinion of this Committee, that when the Governour, Council and Assembly, or General Court of any of his Majesty's Provinces or Colonies in America, shall propose to make provision, according to the condition, circumstances and situ∣ation on such Province or Colony, for contributing their proportion to the common defence (such proportion to be raised under the authority of the General Court on General Assembly of such Province or Colony, and di••posable by Parliament•• and shall engage to make provision also for the 〈◊〉〈◊〉 of the civil government, and the administration of justice in such Province to Colony, it will be p••oper, if such pro∣posal shall be approved by his Majesty and the two Houses of Parliament, and for so long 〈◊〉〈◊〉 such provision shall be made accordingly, to forbear in respect of such Pro∣vince or Colony, to levy any duty, tax or assessment, except only such duties as it may be expedient to continue to levy, or impose for the regulation of commerce; the nett produce of the duties last mentioned, to be carried to the account of such Province or Colony respectively.

  The circular Letter inclosing this Resolution,

  SIR,

  Whitehall, February 22d, 1775.

  INCLOSED I send you by the King's command, a joint address of both Housing of Parliament to his Majesty, upon a consideration of the papers, which had been communicated to them relative to the American Colonies, together with 〈◊〉〈◊〉 Ma∣jesty's most gracious answer to the said address.

  I likewise send you a printed copy of a bill brought into the House of Commons for restraining the trade and fisheries of the four New-England Governments for a limited time, together with a copy of a resolution declaratory of the sense of Parli∣ament upon the subject of taxation; which resolution was moved in the committee on Monday last, and carried by a majority of 274 to 88.

  As these two measures are as yet in the first stages only of consideration, and as the bill may possibly admit in it's further progress of some alterations, I shall only say upon them, that I ••atter myself that the firm determination of Parliament, to preserve and Colonies, in a due dependence upon this kingdom, tempered with the justice and moderation expressed in the last resolution of the Committee, will have the effect to produce such a conduct on the part of the Colonies, as shall lead to a restoration of the publick tranquility. I am, Sir, your most obedient humble ser∣vant,

  DARTMOUTH.

  The Circular Letter of the American Secretary of State.

  SIR,

  Whitehall, March 3d, 1775.

  YOU will have sees in the King's answer to the joint address of both Houses of Parliament on the 7th of February, which address and answer have already been transmitted to you, how much attention his Majesty was most graciously pleased to give to the assurance held out in that address, of the readiness of Parliament to afford any just and reasonable indulgence to the Colonies, whenever they should make proper application on the ground of any real grievance they might have to complian of: And therefore I have the less occasion now, to enlarge upon the sa∣tisfaction it has given his Majesty, to see that address followed by the inclosed re∣solution of the House of Commons; which, whatever may be the effect of it, (I hope a happy one) will forever remain an evidence of their justice and moderation, and man••est the temper which has accompanied their deliberations upon that ques∣tion, which has been the source of so much disquiet to his Majesty's subjects in America, and a pretence for acts of such criminal disorder and disobedience.

  His Majesty ardently wishing to see a reconciliation of the unhappy differences, which have produced these disorders, by 〈◊〉〈◊〉 means 〈◊〉〈◊〉 which it may be ••∣tained, without prejudice to the just authority or Parliament, which his Majesty will never suffer to be violated, approves the resolution of his faithful Commons; and commands me to 〈◊〉〈◊〉 to you, not doubting that this happy disposition to comply with every just and 〈…〉〈…〉 of the King's subjects in America, will meet with such a return of duty and affection on 〈…〉〈…〉 as will lead to a happy 〈◊〉〈◊〉 of the prefect 〈◊〉〈◊〉, and to a re-establisment of the publick tranquility, on these grounds of justice and moderation which this resolution 〈◊〉〈◊〉 forth. The letter adds,

  The resolution neither points 〈◊〉〈◊〉 what the civil establishment should be, nor de∣mands any 〈…〉〈…〉 in aid on the publish 〈…〉〈…〉—In both these respects, it leaves full scope 〈…〉〈…〉, which may be expected from Colo∣nies, that 〈…〉〈…〉 prejudice, 〈◊〉〈◊〉 never been wanting 〈◊〉〈◊〉 expressions of an affectionate 〈…〉〈…〉 to the mother country, and a zealous regard for the general welfare of the British empire.
• * 4.1

  The Prohibitory Act of December 1775, authorized the making captures of American vessels, and though it repealed that for shutting up the port of Boston, and two others for restraining the commerce of the Colonies, and enabled the Crown to appoint Commissioners for opening negotiations to terminate the present animo∣sities, and to render all the denunciations of the prohibitory statute itself utterly in∣efficatious, in every Colony, County or Village desirous •• peace, yet it was artfully made a handle of to induce the multitude to believe, that they were thereby put out of the King's protection, except upon the terms of unconditional submission.

  How few not in Congress were at that time, or have since been informed of what all should have known, and upon which the collective body ought to have been con∣sulted, viz.

  That Lord Drummond left England in September, 1775, three months before the passing of the prohibitory act, and after touching at Halit•• and Boston, arrived at New-York, and with Mr. Elliot, made a journey to the Congress at Philadelphia, in January 1776.

  That it was then confidentially signified to certain of the Delegates attending there, that the Minister of the Court of Great-Britain was desirous of a treaty for a pacification of differences, upon the following equitable propositions.

  1. To assertain the proportion each Colony was able to contribute towards the common defence.

  2. That the supply should be raised by acts of Assembly, in duties upon imports or exports, most likely to keep pace with the growth or decline of the Colony.

  3. That other duties for regulating trade, should be paid into the Colony trea∣sury, and be subject to the disposal of the Assembly, and.

  4thly, Great-Britain to renounce the claim of taxation, and depend for aids in all exigencies, upon the free gift of the Colonies.

  It was also intimated that these points agreed, the repeal of the statutes offensive to America would follow; and such a limitation proposed for the quartering of troops, and the partition of them through the provinces, as to induce one of the then Delegates, to declare that he should consider them as hostages for the good behaviour of Great-Britain.

  It was at the same interview candidly hinted, that the mother country would arm at all points in the spring, and precede her operations by overtures for a treaty; and as a means to prevent even the arrival of the intended armaments, Lord Drummond urged, that Congress should declare themselves on these proposals, by special messengers of their own to go home immediately.

  How this pacifick message was received, the people of any Colony may know, if they have spirit and power left under their present tyrants, to call the Delegates of that day to an examination upon oath. It is asserted that a motion was made in Congress, to commit their Messengers to close custody; and certainly true, that they were not dismissed till their paroles were exacted; and that much pains were taken to hide these momentous transactions from the publick eye. If the enquiry (which it imports every province to make into the conduct and fidelity of her agents) is not slovenly conducted, it will come out, that two of the Delegates sought a con∣veyance from New-York to England upon this business in February 1776, and that the design was relinquished, as soon as the news of an event in Virginia gave the party for the intended independency, advantages for subduing the common reluc∣tance of a great majority of the Continent, to advance to that dangerous precipice, from which they have launched so many of their credulous countrymen into the ocean of eternity; while scores of thousands remain behind them, in all the com∣plicated wretchedness of want and despair.

  Such, America, was the patriotism of your leaders! Do you wonder that they who cheated you into ruin, have ever since practised the arts of delusion, to screen themselves from a detection, that must expose them to your vengeance?
• * 4.2

  Extract from the Prohibitory Act, called by some an Act to cast the Americans out of the King's Protection, passed 22d of December, 1775.

  After authorizing the capture of their vessels, &c. there is this clause:—Provided always neverthelss, and it is hereby enacted by the authority aforesaid, That in order to encourage all well affected persons in any of the said Colonies, to exert themselves in suppressing the rebellion therein, and to afford a speedy protection to those who are disposed to return to their duty, it shall and may be lawful, to and for any person or persons appointed and authorized by his Majesty to grant a par∣don or pardons to any number or description of persons by proclamation, in his Majesty's name, to declare any Colony or Province, Colonies or Provinces, or any county, town, port, district or place in any Colony or Province, to be at the peace of his Majesty; and from and after the issuing of any such proclamation in any of the aforesaid Colonies or Provinces, or if his Majesty shall be graciously pleased to signify the same by his Royal Proclamation, then and after the issuing of the same, this act, with respect to such Colony or Province, Colonies or Provinces, county, town, port district or place, shall cease, determine and utterly void.

  Extract from the Commission to Lord Howe and General Howe, dated 5th May, 1776.

  After the power to pardon, &c. it runs thus,—And we do hereby strictly charge and command you the said Lord Viscount Howe and William Howe, and each of you, from time to time to enquire diligently into the state and condition of the said Colonies and Provinces, and of every county, town, port, district and place within the same, or any of them respectively; and to receive and entertain all dutiful complaints and representations, made to you or either of you, by the inhabitants thereof, and faithfully and duly to transmit the same to one of our prin∣cipal Secretaries of State; that such reformation and redress may follow thereupon, as the nature of the case may require. And it is our further will and pleasure, that you confer as occasion may require, with our subjects in the said Provinces, or any of them, concerning such arrangements and regulations as may tend to the advantage and stability of the said several Colonies and Provinces, and to a last∣ing union of each of them respectively, with Great-Britain, upon the true principles of the Constitution.

  It concludes with authority to the Commissioners to put a peaceful Colony in full-possession of her rights, by calling ••an Assembly and proclaiming the King's peace, after which the prohibiting act is to cease and be void.

  To pave the way to a treaty before the British troops landed on Long-Island, Lord Drummond sent the following letter to Mr. Washington, then with his army at New-York.

  SIR,

  August 17th, 1776.

  Being deeply interested in the welfare of America, I think it my duty to com∣municate a matter of intelligence, which I flatter myself may be rendered condu∣cive to the restoration of a desirable peace; and in this view, I request your Excel∣lency's permission to land at New-York, to go directly to Philadelphia, in order to lay the same before the General Congress.

  In the course of a conversation I have had with Lord Howe, I perceive that the powers he is vested with as well as his disposition for establishing an equitable and permanent peace, are altogether misunderstood by the Colonies.

  For in consequence of a sketch of some propositions being offered for his consider∣ation, he very frankly assured me, he was willing to confer upon these grounds, with any gentlemen of the greatest influence in this country.

  As I am at liberty to declare his sentiments, I have the honour to inclose for your Excellency's information, a copy of my correspondence with his Lordship, and of the propositions referred to in his letter, which are the motives of my present re∣quest.

  Attending in the boat to be indulged with your answer, I have the honour to be your, Excellency's most humble servant,

  DRUMMOND.

  General Washington.

  The papers inclosed were these.

  Lord Drummond's Letter to Lord Howe, and Lord Howe's Answer.

  To Lord HOWE.

  My LORD,

  I take the liberty of sending inclosed the sketch of propositions, referred to is my late conversation with your Lordship; which propositions, I have understood the Colonies were disposed, not many months ago, to make the basis of a reconcili∣ation with Great-Britain. I have the honour to be your Lordship's most obedient humble servant,

  Sloop Polly, August 12th, 1776.

  DRUMMOND.

  Sketch of Propositions communicated to Lord Howe, 12th August, 1776.

  1. That it shall be ascertained as far as can be determined by calculation, what supply towards the general exigency of the state, each separate Colony can furnish, consi••tent with its ability.

  2. When such supply is thus ascertained, that each colony shall, by Acts of its own Assembly, impose such taxes, as they shall find expedient for raising o•• the said supply.

  3. In consideration of the 〈◊〉〈◊〉 state of all young countries, that such taxes may not, in their operation, become partially or accidentally burthensome on the one hand, nor on the other hand, gradually become deficient in producing the aid intended by the Colonies toward the general exigency of the state, such articles shall the chosen as the objects of imposition, as they shall deem the most likely to keep pace with the growth or decline of the said Colonies.

  4. That these taxes so imposed, shall, as in the customs, be levied by officers of the appointment of the King; and that a perpetual grant of the produce of these taxes, shall be made by the respective Assembles to the Crown of Great-Britain.

  5. As the direct means of removing the fatal grounds of this contention, by establishing a security against the apprehended invasion of property by Parliament, formal relinquishment shall be made on the part of Great-Britain, of all future claim to taxation over there her Colonies.

  6. To remove all suture suspicions from the minds of the Colonists, that under the appearance of regulating commerce, duties may be imposed for the further pur∣poses of revenue, an application of the produce of all duties imposed on articles of trade by the British Legislature, shall be made towards defraying the expences of the collection; and the surplusses in each Colony, to be paid into their separate treasuries, and to be subject to the disposal of the respective Houses of Assembly.

  DRUMMOND

  Lord HOWE's Answer.

  My LORD,

  Eagle, off Staten-Island, August 15th, 1776.

  I HAVE received the honour of your Lordship's letter of the 12th, inclosing a sketch of the propositions mentioned in your late conversations, which I return herewith.

  As I think they contain matter, that upon a conference and cool discussion, might be wrought into a plan of permanent union, I shall with great satisfaction embrace the first opportunity that may be offered upon these grounds, to promote so desirable an event. I have the honour to be, my Lord, your Lordship's most obedient servant,

  HOWE.

  Right Hon. Lord Drummond.

  Lord Drummond was not permitted to come on shore, but the following letter sent to him.

  My Lord,

  New-York, August 17th, 1776.

  I HAVE your Lordship's favour of this day, accompanied by papers on subjects of the greatest moment, and deserving the most deliberate consideration. I allow 〈◊〉〈◊〉 for your Lordship's well meant zeal on such an occasion, but I fear it has transported you beyond that attention to your parole, which comprehends the character 〈…〉〈…〉 man of strict honour. How your Lordship can reconcile your past or present conduct, with your engagements, so as to satisfy your own mind, I must submit to your•• own feelings; but I find myself under the disagreeable necessity on objecting to the mode of negoclating proposed, while your Lordship's line of conduct appears so ex∣ceptionable.

  I shall, by express, forward to Congress your Lordship's letter and the papers which accompanied it. The result will be communicated as soon as possible. I am sorry to have detained your Lordship so long, but the unavoidable necessity must be my apology, I am, my Lord, your Lordship's most obedient and very humble servant,

  GEORGE WASHINGTON.

  It took a••••, however, that the flag brought proposals for a treaty, not only in the American army, but in the New-York Convention then sitting on the island•• and to prevent the effect of the rumour, It was thought proper to deny it in 〈◊〉〈◊〉 orders, which were first shewn at General Washington's head-quarters in draft so two members of the Congress, then attending him upon a message from Haelems one of whom has since acted as a Delegate in the Congress at Philadelphia.—It con∣tinued a secret till forme time afterwards, that a letter had been written and 〈◊〉〈◊〉 other papers received.

  Dunlap's Advertiser of the 24th of September, 1776, containing the following publication: Extract from Washington's Letter to the president of the Congress.

  New-York, August 18th, 1776.

  I have the honour to inclose you for the perusal and consideration of Congress, sundry papers, the whole of which, except No. 2 and 7, I received yesterday even∣ing by a flag, and to which I beg leave to refer Congress.

  Report of the Committee (Mr. Franklin, Mr. John Admas, and Mr. E. Rutledge) appointed on wait on Lord Howe.

  In obedience to the orders of Congress, we have had a meeting with Lord Howe. It was on Wednesday last upon State••-Island, opposite to Amboy, where his Lord∣ship received and entertained us with the utmost politeness.

  His Lordship opened the conversation, by acquainting us that though he could not treat with us as a Committee of Congress, yet as his powers enabled him to confer and consult with any private gentlemen of influence in the Colonies, on the means of restoring peace between the two countries, he was glad of this opportu∣nity of con••erring with us on that subject, if we thought ourselves at liberty to enter into a conference with him in that character. We observed to his Lordship, that as our business was to hear, he might consider us in what light he pleased, and communicate to us any propositions he might be authorized to make for the purpose mentioned; but that we could consider ourselves in no other character, than that in which we were placed by the order of Congress. His Lordship then entered into a discourse of considerable length, which contained no explicit propo∣sition of peace, except one, viz. that the Colonies should return to their allegiance and obedience to the Government of Great-Britain.—The rest consisted principally of assurances, that there was an exceeding good disposition in the King and Ministers to make that government easy to us; with intimations, that in case of our submis∣sion, they would cause the offensive acts of Parliament to be revived, and the in∣structions to Governours to be re-considered; that so, if any just causes of com∣plaint were found in the acts, or any errors in Government were perceived to have crept into the instructions, they might be amended or withdrawn.

  We gave it as our opinion to his Lordship, that a return to the domination of Great-Britain was not to be expected; we mentioned the repeated humble petitions of the Colonies to the King and Parliament, which had been treated with contempt, and answered only by additional injuries; the unexam••••ed patience we had shewn under their tyrannical government and that it was not until the last act of Parlia∣ment, which denounced war against us, and put us out of the King's protection, that we declared our independence. That this declaration had been called for by the people of the Colonies in general—that every Colony had approved of it when made, and all now considered themselves as independent States, and were settling or had settled their governments accordingly; so that it was not in the power of Congress to agree for them, that they should return to their former dependent state. That there was no doubt of their inclination to peace, and their willingness to enter into a treaty with Britain, that might be advantageous to both countries—that though his Lordship has at pre••ent no power to treat with them as Independent States, he might it there was the same good disposition in Britain, much sooner obtain 〈◊〉〈◊〉 powers from thence for that purpose, than powers could be obtained by Congress from the several Colonies to consent to a subm••••ion. His Lordship then saying, that he was sorry to find that no accommodation was like to take place, put an end to the conference.

  Upon the whole, it did not appear to your Committee, that his Lordship's com∣mission contained any other authority of importance, than what is expressed in the act of Parliament, viz. that of granting pardons, with such exceptions as the Com∣missioners shall think proper to make, and of declaring America, or any part of it, to be in the King's peace upon submission: For as to the power of enquiring into the state of America, which his Lordship mentioned to us, and of conferring and consulting with any persons the Commissioners might think proper, and represent∣ing the result of such conversations to the Ministry, who (provided the Colonies would subject themselves) might after all, or might not at their pleasure, make any alterations in the former instructions to Governours, or propose in Parliament any amendment of the acts complained of; we apprehend any expectation from the effect of such a power, would have been too uncertain and precarious to be relied on by America, had she still continued in her state of dependence.

  Copy of Lord Howe's letter to Lord George Germaine, dated Eagle off New-York, 20th September 1776, communicated to the House of Lords, and taken from the Parliamentary Register for 1778.

  My LORD,

  FINDING in a conversation with Mr. Sullivan, a Major General in the rebel army, taken prisoner in the action of the 27th of August, that the leaders of the disaffected Americans, professed to understand the powers delegated by the King's commission, were restricted to grating pardons and declaring the Colonies at peace, without authority to enter into any discussion of grievances, I thought proper to inform that gentleman, that the object of his Majesty's paternal desire was to make his American subjects happy, as well as to relieve them from the calamities of war—That the Commissioners were willing to consult and confer with any persons of in∣fluence, upon the means of attaining these ends; and that reconciliation, union and redress of grievances, might be the happy consequence. Mr. Suilivan hereupon proposed, and with General Howe's approbation, I consented, that he should go to Philadelphia, and undeceive those who appeared to entertain that confined opinion of the King's most gracious intentions.

  On the 9th instant he returned, and acquainted me, that he had made known the sentiments I had expressed to him; and that according to the t••••••r of a resolution of Congress, three Deputies might soon be expected in this province, to 〈◊〉〈◊〉 more particularly into the grounds of the information he had communicated.

  I have the honour to send inclosed to your Lordship a copy of that resolution.

  Although the object of this deputation apparently was to interrogate rather than to confer, General Howe concurred in opinion with me, that I should not, on that account, decline any proposition for a meeting.—We thought it material to contro∣vert the real or affected ideas before mentioned, which had probably been circulated with a view of persuade the ignorant, that the offer of peace and pardon held 〈◊〉〈◊〉 in our Declaration of the 14th of July, was merely an artifice to 〈◊〉〈◊〉 them, and that their liberties and properties were only to be secured by a perseverance in their resolution, to throw off all dependence upon the King and Parliament of Great-Britain.

  In the evening of the same day I received information that Doctor Franklin, Mr. John Adams, and Mr. Rutledge, would meet me, at any appointed place, on the morning on the 11th. General Howe's presence being that day necessary with the army, he could not accompany me to the meeting which I appointed should be on State••-Island, opposite to the town of Amboy.

  I acquainted them, that King's desire to restore publick tranquility, had in∣duced him to constitute Commissioners open the spot, to remove the restrictions upon trade and intercourse, to dis••en••e the Royal cleamency to those who had been hurried away from their allegiance, to receive representations of grievances, and to discuss the means whereby that mutual confidence and just re••lution which ought to ful••ful between the Coloni••, and the Parent State, might be restored and preserved I also gave them to understand, that his Majesty was graciously disposed to a revision of such of his royal instructions as might have laid too much restraint upon their ••∣gimation, and to concur in a revisal of any of the plantation laws, by which the Co∣lonies might be aggrieved—That the Commissioners are earnest, on their part, to prevent the further effusion of blood, and to proceed upon all such measures as might expedite the accomplishment of the 〈◊〉〈◊〉 of their commission—That they were willing to confer with any of his Majesty's subjects, and to treat with Delegates of the Colonies, legally chosen, upon all matters relating to grievance and regula∣tions; but that, for very obvious reasons, we could not enter into any treaty wish their Congress; and much less proceed in any conference of negociation upon the inadmissible ground of Independency—I pretension which the Commissioners had not, nor was it possible they ever should have, authority to acknowledge.

  The three gentlemen were very explicit in their opinions, that the associated Co∣lonies would not accede to any peace or alliance, but as free and independent States; and they endeavoured to prove, that Great-Britain would derive more extensive and more durable advantages from such an alliance, than from the connection it was the object of the Commission to restore.—Their comments not meri••ing a serious atten∣tion, the conversation ended, and the gentleman returned to Amboy.

  In consequence of the result of the above-mentioned interview, we judge it necessary to publish the declaration inclosed in our joint letter to your Lordship of this day's date.

  If I have troubled your Lordship with a narrative too long and unimportant, you will do me the justice to impute it to the desire I have of communicating every cir∣cumstance, from whence it is possible for your Lordship to collect information of the principles and conduct of those, who still possess the government of this unhappy country.

  I have only to add, that as the rebel army remains strongly posted at the north part of the island of New-York, and the 〈◊〉〈◊〉 who had 〈◊〉〈◊〉, or been compelled to leave the city, before the King's troops took possession of 〈◊〉〈◊〉, are not returned; we have it not yet in our power, even were it expedient in the present moment, to effect the compleat re-establishment of the Civil Government of this district.

  I have the honour to be, &c. HOWE.
• * 6.1

  The intelligent American wants no aid to convict this report of the want of truth and good faith. Some of them were so far from the calling for Independence, as to 〈◊〉〈◊〉 all authority to declare it, to this hour. And when uttered it shocked, and from 〈…〉〈…〉 divided the Continent, and drove its advocates to violences and 〈…〉〈…〉 demonstrate the general discontent••, and their 〈…〉〈…〉.
• * 6.2

  The examination of Mr. John Brown, who was sent out in November, 1777, from Philadelphia, by Mr. Willing, one of the Judges of the Supreme Court of Pennsylvania, not long before a member of the Congress, communicated from York; in Pennsylvania, to a friend at Bal••imore, and there published—Republished in the Remembrancer for 1778, page 92.

  "That he left the city on the 4th of November instant, 〈◊〉〈◊〉 consequence of the 〈◊〉〈◊〉 Mr. Thomas Willing, who thawed this examinant a note from Gene∣ral Howe, requesting to see him, Mr. Willing—That Mr. Willing told this exami∣••ant, that General Howe desired to accommond••te the difference, and prevent the 〈◊〉〈◊〉 of human blood—That he and his brother had 〈◊〉〈◊〉 power to treat with the Congress, as Congress, or any men they should appoint, provided they would re∣s••d Independency—That he, General Howe, 〈◊〉〈◊〉 thi•• to be made known to some member of Congress; and Mr. Willing desired this 〈…〉〈…〉 to be the mes∣senger—That he, General Howe, would put them in the same 〈◊〉〈◊〉 they were in, 〈◊◊〉〈◊◊〉 and give them more priviledges than they had ever asked—That he did not desire us to lay down our arms, of cease from our preparations, ti••l matters were accommodated—That upon such an accommodation, he would withdraw his forces and army and no standing army should be kept up in this country; and that the paper currency should be established—That some of these articles, of which the last was one, were added upon Mr. Willing's returning to General Howe, in consequence of this examinant's hesitating to come out with them; upon which this examinant undertook the business, and engaged not to communicate his business to any person, until he should have first communicated it to some member of Congress—That this examinant passed the Schuylkill, in consequence of a passport from an Aid-de-Camp of General Howe's—That he passed General Potter in the evening, without commu∣nicating his business to him, or obtaining a pass from him, and travelled up to the house of Mr. Robert Morris at Manheim, and there waited from Thursday evening to Saturday evening following, for the arrival of Mr. Morris; and when he arrived, communicated the matter first of all to him—That Mr. Morris then called in Mr. Duer, another member of Congress, and these were the first persons to whom he revealed the business—And from Manheim he returned to Lancaster, where he was first called before this Council, and bailed by Mr. Morris and Mr. Duer to go to York; and that he has hitherto communicated his business only to Mr. Morris and Mr. Duer, and to the members of this Council; but that he understood the matter had been mentioned by Mr. Morris and Mr. Duer, or one of them, to other mem∣bers of Congress at York, and was there freely spoken of; but this examinant was not called before the Congress—and that this examinant had no writing, flag or publick testimonial relative to this business from General Howe or others in Phila∣delphia, except what passed, by word of mouth, between him and Mr. Willing as herein before mentioned and set forth—And this examinant further adds, that he recollects Mr. Willing told him that General Howe assured him, Mr. Willing, That Great-Britain would never give way to the Independence of North-America—That more men would be sent out in the spring, and that they would harrass us so, that we could not go on.

  JOHN BROWN.

  Taken before me, Thomas Wharton, jun. President.

  Instead of an enquiry by a flag, whether Mr. Brown was dispatched from Phila∣delphia according to his declaration, he was conveyed from York to Lancaster as a spy, and committed to gaol; but his message having taken air, the leaders thought it requisite to circulate the following publication.

  THE base artifices of tyrants are not less dangerous than their arms. Of this truth the present contest is one among a thousand examples. The British leaders have proved themselves alike bloody and deceitful.

  The faith of publick proclamations, and even the words of sacred honour o•• their Chiefs in person, most solemnly plighted to individuals for the protection of their property, have been violated. The miserable wretches starving in the gaols 〈◊〉〈◊〉 New-York and Phialdelphia, were tempted to 〈◊〉〈◊〉 with the enemy, by assurances that General Washington had refused to exchange them, when in truth General Howe had broke the 〈…〉〈…〉 had settled, and had eluded every offer he had after∣wards made, as fast as they were complied with on our part.

  But above all, the repeated attempts of our enemies to seduce the people of this country from their virtuous efforts, by the false ideas of peace and reconciliation which they never meant, are highly insidious and delusive.

  The last year General ••ulliy, then a captive, was sent by Lord and General Howe from Long Island to Philadelphia, with very plausible terms; but when a Commit∣tee or Congress waited on the British Commissioners, they receded from every thing they had told him. The opportunity was, however, diligently improved, for the double purpose of blasting negotiations in Europe, by assurances to fo∣reign Courts, that the quarrel wa•• settled, and 〈◊〉〈◊〉 to debauch the minds of the Americans, with the pretence that Congress was averse to peace. That at the very 〈◊〉〈◊〉 that their emissaries were buzzing about in this country, that Congress refused to listen to the most ••easonable terms of accommodation, Lord Stormont was very industriously pledging his honour to the Court of France, that the treaty was far advanced, if not finally ratified.

  No sooner was the world undeceived on this head, than the attempt was renewed, through the means of the unfortu••ante General Lee, but still the Commissioners declined to pledge themselves for any thing—nothing appears from them—nothing in writing is sent forward; but the Commissioners were left at liberty to retract and deny every thing, is soon as they had answered the end of misleading the people here, and amusing 〈◊〉〈◊〉 nations. And o! Mr. John Brown is employed to tell a rid••••ulous tale of peace, and at the same time a large number of emissaries are let loose, to propagate the story throughout the State; still nothing appears in writing. A mere verbal talk of Mr. Willing, that he (Mr. Willing) had a talk with General Howe. Were we a tribe of savages, this talk would at least be accompanied with a belt of wampum, but to us not even the sligh••••t token was vouchsafed. The sole word of John Brown is again to gull us into a sham treaty which is again to be spread throughout Europe, to defeat our most promising 〈◊〉〈◊〉 from that quarter, and again to deceive and mislead our own people, while his Excellency is again ready to 〈◊〉〈◊〉 that he is pretended to have told Mr. Willing to tell John Brown and to laugh at the mischief he had mad••.

  Friends and Country men, be not deceived: If General Howe has any thing to propose to Congress, the way is open to him through the usual channels. He can send a flag of truce. He is under no necessity of sending out an obscure person, like a thief of a spy, to 〈◊〉〈◊〉 through our camp, without passports, without ••••ence.

  Does the 〈◊〉〈◊〉 a treaty of peace require less ceremony? No, but a message in writing by a flag of truce is not so easily evaded. General Howe might be loth to deny his hand-writing, though it seems he has not hesitated to deny his words.

  France and Spain are likely to take a decisive part in our quarrel. A few months perseverance will establish our liberty and independence FOR EVER.

  If we are not false to ourselves; if we are not driven to and fro•• and deceived by every idle artifice of our perfidious enemies, trusting in Providence we may look forward with confidence, to the hope of being speed 〈◊〉〈◊〉 and for ever delivered from the 〈◊〉〈◊〉 and perfidy of Britain; from the bloody and vind••tive malice of our cruel enemies.

  Published by Order of Council, JACOB HOWELL, Secretary pro tempore.

  The reader will recollect, that it was not till after the message by Mr. Brown, that the Congress then at York in Pennsylvania, i••••ned the paper 〈◊〉〈◊〉 "Articles of Confederation and Union, &c." by which they hoped to gain the consent of the Colonies, to enter into treaties with foreign nations. Not one of the new repub∣licks ratified that league till the winter 1778; in some it was approved only by their mock legislatures, before their constituents had heard of it, and that hastily, to ex∣clude their reflections and the subject; and there are Co••••nies who withhold their concurrence to this hour.
• * 8.1

  General Lee, while a prisoner at New-York, wrote two letters to intimate the willingness of Lord and General Howe to suspend the war, and enter upon a treaty for a permanent peace; he was then high in the confidence of the Congress, and re∣quested to the appointed one of their Commissioners on this important service. Can any reason be assigned for a flog from the British General to them, which does not call as loud for one from them to him after so many previous attempts? How soon might they have known by a ••ine to General Howe, or Mr. Willing, whether the m••n, they for a blind had imprisoned, was an impostor, or the real messenger of peace
• * 8.2

  The Proclamation of the 30th of November, 1776, promising pardons to all without any exception.
• † 8.3

  Silas Deane, a Country Trader, of Weathersfield, in Connecticut.
• * 8.4

  Great-Britain has repealed the statute for blocking up the Port of Boston, that for altering the charter and government of the 〈◊〉〈◊〉 Bay, the tea duty act, those for restraining the fishery and the trade of the Colonies, and passed another to renounce the claim of taxation, as well in the North-American Colonies as in the West-India Islands.

  That the Plantations may be restored to their happy condition before the close of the last war, she enabled her Commissioners in 1778,

  • 1. To put an immediate stop to hostilities both by sea and land.
  • 2. To open the trade of the Colonies, by suspending the act which prohibits it's course and renders their property prize.
  • 3. To suspend the operation of any other act passed since the 10th of February 1763.
  • 4. To bury past offences in oblivion by general pardons.
  • 5. To constitute whom they pleased to be Governors of the provinces that were within the appointment of the Crown.

  But the Parent State had still more liberality. She offered to treat with the Colo∣nies, or either of them, for the establishment of arrangements to be irrevocably ra∣tified by her legislature; and her Commissioners were ready to agree to a cessation of arms, until the sense of Parliament could be obtained on a grand, solemn, consti∣tutional compact, relating to the following points:

  • 1. The further extent of the commerce of America.
  • 2. Subjecting the keeping up of military forces in America, to the will and plea∣sure of the Colonies, or of the General Congress, if they so chose.
  • 3. The discharge of the debts of the Colonies, and raising the credit and value of their paper money.
  • 4. To provide a seat and voice for an agent from every Colony in the British Par∣liament, and an agent from Great-Britain in every Assembly.
  • 5. To fix the power of all the Colony Legislatures, and settle their Provinces and Civil and Military establishments, for the exercise of a perfect freedom of Legislation. and internal government under one common Sovereign, with every privilege

    short of a total separation of interests, or consistent with that union of force, on which the safety of our common religion and liberty depends.

  Among the statutes passed since 1763 and subjected to immediate suspension, and on a treaty to be marked out for future alteration or repeal, were those complained of as extending the Admiralty jurisdiction, depriving parties of the trial by jury, exacting security from claimants, indemnifying captors from damages, that direct∣ing the trial of certain criminals in England, the Quebec or Canada act, the statute of supremacy, claiming authority to b••••d America in all cases whatsoever, and those respecting the Board of Commissioners in Boston, &c. &c. &c.

  What has prevented the Americans from being the ful••est possession of all the peace, felicity and prosperity they can reasonably desire, but the want of a disposi∣tion in the Congress, to treat with the British Commissioners on the momentous con∣cerns of the Empire?

  A door was opened for the requisitions of all orders of men, civil and ecclesiastical. It was not shut against any propositions that could, in the smallest degree, contribute to the common weal. What hinders even now at least an interview for consultation? And till it is had, who can assert that any salutary proposal for the benefit of the people will fail?

  The transactions of the Commissioners, and the manner in which they have been treated, and the miseries of America slighted by the Congress, will never be for∣gotten. Let the suffering American peruse the pamphlet published by the Royal Commissioners before they took their departure in November 1778, and for himself determine in his enquiries concerning the authors of his own, and of the present and future calamities of his country.