either that are probable, that can be worth | question again? Is it not a preliminary? Has mentioning, as ascertaining the event of the

contest.

it not been declared a preliminary by many gentlemen, who have yet given their opinion for a conference, while they have said they were determined on no account, and on no condition, to give up our independence? It is then a necessary preliminary-and it is quite a different thing from any punctilios of ceremony. If France and England were at war, and they were both desirous of peace, there might be some little difficulty as to who should make the first proposals; but if one of them should claim the other as they did long ago as a vassal or dependent subject, and should signify a desire to converse with the other, or some one deputed by him, and propose him many privileges, so as to make him even better than before, I desire to know how such a proposal would be received? If we had been for ages an independent republic, we should feel this argument with all its force. That we do not feel it, shows that we have not yet acquired the whole ideas and habits of independence; from which I only infer, that every step taken in a correspondence as now proposed, will be a virtual or partial renunciation of that dignity so lately acquired.

Lord Howe speaks of a decisive blow not being yet struck, as if this cause depended upon one battle which could not be avoided. Sir, this is a prodigious mistake. We may fight no battle at all for a long time, or we may lose some battles, as was the case with the British themselves in the Scotch rebellion of 1745, and the cause, notwithstanding, be the same. I wish it were considered, that neither loss nor disgrace worth mentioning, has befallen us in the late engagement, nor comparable to what the British troops have often suffered. At the battle of Preston, sir, they broke to pieces and ran away like sheep, before a few Highlanders. I myself saw them do the same thing at Falkirk, with very little difference, a small part only of the army making a stand, and in a few hours the whole retreating with precipitation before their enemies. Did that make any difference in the cause? Not in the least-so long as the body of the nation were determined, on principle, against the rebels. Nor would it have made any other difference, but in time, though they had got possession of London, which they might have easily done, if they had understood their I beg you would observe, sir, that Lord Howe business, for the militia in England, there gath-himself, was fully sensible that the declaration ered together, behaved fifty times worse than that of America has done lately. They generally disbanded and ran off wholly, as soon as the rebels came within ten or twenty miles of them. In short, sir, from any thing that has happened, I see not the least reason for our attending to this delusive message. On the contrary, I think it is the very worst time that could be chosen for us, as it will be looked upon as the effect of fear, and diffuse the same spirit, in some degree, through different ranks

of men.

The improbability of any thing arising from this conference, leading to a just and honorable peace, might be shown by arguments too numerous to be even so much as named. But what I shall only mention is, that we are absolutely certain, from every circumstance, from all the proceedings at home, and Lord Howe's own explicit declaration in his letter to Doctor Franklin, that he never will acknowledge the independence of the American States.

I observed that one or two members said, in objection to the report of the board of war, that it was like a begging of the question, and making a preliminary of the whole subject in debate. Alas, sir, this is a prodigious mistake! It was not only not the whole, but it was properly no subject of debate at all, till within these three months. We were contending for the restoration of certain privileges under the Government of Great Britain, and we were praying for reunion with her. But in the beginning of July, with the universal approbation of all the States now united, we renounced this connection, and declared ourselves free and independent. Shall we bring this into

of independence precluded any treaty, in the character in which he appeared; as he is said to have lamented that he had not arrived ten days sooner, before that declaration was made. Hence it appears, that, entering into any correspondence with him, in the manner now proposed, is actually giving up, or subjecting to a new consideration, the independence which we have declared. If I may be allowed to say it without offence, it seems to me that some members have unawares admitted this, though they are not sensible of it; for when they say, that it is refusing to treat, unless the whole be granted, they must mean, that some part of the whole must be left to be discussed and obtained, or yielded by the treaty.

But, sir, many members of this House have either yielded, or at least supposed, that no desirable peace, or no real good, could be finally expected from this correspondence, which is wished to be set on foot; but they have considered it as necessary in the eye of the public, to satisfy them, that we are always ready to hear any thing that will restore peace to the country. In this view, it is considered as a sort of trial of skill between Lord Howe and us, in the political art. As I do truly believe, that many members of this House are determined by this circumstance, I shall consider it with some attention. With this view, it will be necessary to distinguish the public in America, into three great classes. 1. The tories, our secret enemies. 2. The whigs, the friends of independence, our sincere and hearty supporters. 3. The army, who must fight for us.

As to the first of them, I readily admit that they are earnest for our treating. They are

As to the whigs and friends of independence, I am well persuaded that multitudes of them are already clear in their minds, that the conference should be utterly rejected; and to those who are in doubt about its nature, nothing more will be requisite than a clear and full information of the state of the case, which I hope will be granted them.

exulting in the prospect of it; they are spreading innumerable lies to forward it. They are treating the whigs already with insult and insolence upon it. It has brought them from their lurking holes; they have taken liberty to say things in consequence of it, which they durst not have said before. In one word, if we set this negotiation on foot, it will give new force and vigor to all their seditious machina- As to the army, I cannot help being of opintions. But, sir, shall their devices have any ion, that nothing will more effectually deaden influence upon us at all? If they have at all, it the operations of war, than what is proposed. should be to make us suspect that side of the We do not ourselves expect any benefit from question which they embrace. In cases where it, but they will. And they will possibly imthe expediency of a measure is doubtful, if I pute our conduct to fear and jealousy as to the had an opportunity of knowing what my ene-issue of the cause, which will add to their presmies wished me to do, I would not be easily induced to follow their advice.

ent little discouragement, and produce a timorous and despondent spirit.*

SPEECH ON THE CONFEDERATION.

On the eleventh of June, 1776, Congress | resolved, "that a committee be appointed to prepare and digest the form of a Confederation to be entered into between these Colonies." The next day they voted that the committee should consist of a member from each colony, and proceeded to an election.* On the twelfth of July, the committee reported a draught consisting of twenty articles, and the twenty-second Congress, in a committee of the whole, took the report into consideration, and continued it in debate until the twentieth of August, when, in an amended form, it was reported back to the House. On the eighth of April, 1777, it was again taken up and debated until the fifteenth of November, at which time it was adopted, the number of the articles having been reduced to thirteen.-The following is part of a speech † delivered by Doctor Witherspoon, during the debates:

abortive, have yet agreed in saying that there must and shall be a confederacy for the purposes of and till the finishing of this war. So far is well; and so far it is pleasing to hear them express their sentiments. But I entreat gentlemen calmly to consider how far the giving up all hopes of a lasting confederacy among

*This speech is taken from the fourth volume of Witherspoon's works:

On the fifth of September, 1776, the Report of the Board of War, being under consideration, the Congress

Resolved, That General Sullivan be requested to inform Lord Howe, that this Congress, being the representatives of the free and independent States of America, cannot, with propriety, send any of its members to confer with his Lordship in their private characters, but, that, ever desirous of es

tablishing peace on reasonable terms, they will send a committee of their body to know whether he has any authority to treat with persons authorized by Congress for that purpose, in behalf of America, and what that authority is, and

to hear such propositions as he shall think fit to make respecting the same.

That the President be desired to write to General Washington, and acquaint him that it is the opinion of Congress, no proposals for making peace between Great Britain and

The absolute necessity of union, to the vigor the United States of America, ought to be received or atand success of those measures on which we are already entered, is felt and confessed by every one of us without exception; so far indeed that those who have expressed their fears or suspicions of the existing confederacy proving entered into the war only for the defence of their lives and

The members of the committee were Josiah Bartlett, Samuel Adams, Stephen Hopkins, Roger Sherman, R. R. Livingston, John Dickinson, Thomas M'Kean, Thomas Stone, Thomas Nelson, Joseph Hewes, Edward Rutledge, and Button Gwinnett. On the twenty-eighth of June, Francis Hopkinson was added to the committee. Journals of Congress, 1776-1777.

See Witherspoon's Works, vol. 4, page 253-also Life and Works of John Adams, vol. 2, page 496.

tended to, unless the same be made in writing, and addressed to the representatives of the said States in Congress, or persons authorized by them: and if application be made to him by any of the commanders of the British forces on that subject, that he inform them that these United States, who

liberties, will cheerfully agree to peace on reasonable terins, whenever such shall be proposed to them in manner aforesaid."

These resolutions were delivered to General Sullivan with orders to return immediately to Lord Howe, and on the sixth of September, Doctor Franklin, John Adams, and Edward Rutledge, were elected to confer with the British Admiral. They had an interview, but the result only convinced both parties that a reconciliation could not be perfected on such terms as the British were inclined to offer.

these States, for their future security and im- | the most distant view to particular persons or provement, will have an effect upon the sta- societies, and mean only to reason from the bility and efficacy of even the temporary usual course of things, and the prejudices inconfederacy, which all acknowledge to be ne- separable from men as such. And can we help cessary? I am fully persuaded, that when it saying that there will be a much greater deceases to be generally known, that the delegates gree, not only of the corruption of particular of the provinces consider a lasting union as im- persons, but the defection of particular provpracticable, it will greatly derange the minds inces from the present confederacy, if they of the people, and weaken their hands in de- consider our success itself as only a prelude to fence of their country, which they have now contests of a more dreadful nature, and indeed undertaken with so much alacrity and spirit. I much more properly a civil war, than that which confess it would to me greatly diminish the now often obtains the name? Must not small glory and importance of the struggle, whether colonies, in particular, be in danger of saying, considered as for the rights of mankind in gen- we must secure ourselves? If the colonies are eral, or for the prosperity and happiness of this independent States, separate and disunited, continent in future times. after this war, we may be sure of coming off by the worse. We are in no condition to contend with several of them. Our trade in general, and our trade with them, must be upon such terms as they shall be pleased to prescribe. What will be the consequence of this? Will they not be ready to prefer putting themselves under the protection of Great Britain, France, or Holland, rather than submit to the tyranny of their neighbors, who were lately their equals? Nor would it be at all impossible that they should enter into such rash engagements, as would prove their own destruction, from a mixture of apprehended necessity and real resentment.

It would quite depreciate the object of hope, as well as place it at a greater distance. For what would it signify to risk our possessions, and shed our blood to set ourselves free from the encroachments and oppression of Great Britain, with a certainty, as soon as peace was settled with them, of a more lasting war, a more unnatural, more bloody, and much more hopeless war among the colonies themselves? Some of us consider ourselves as acting for posterity at present, having little expectation of living to see all things fully settled, and the good consequences of liberty taking effect. But how much more uncertain the hope of seeing the internal contests of the colonies settled upon a lasting and equitable footing.

One of the greatest dangers I have always considered the colonies as exposed to at present, is treachery among themselves, augmented by bribery and corruption from our enemies. But what force would be added to the arguments of seducers, if they could say with truth, that it was of no consequence whether we succeeded against Great Britain or not, for we must in the end be subjected, the greatest part of us, to the power of one or more, of the strongest or largest of the American States? And here I would apply the argument which we have so often used against Great Britain-that in all history we see that the slaves of freemen, and the subject States of republics, have been, of all others, the most grievously oppressed. I do not think the records of time can produce an instance of slaves treated with so much barbarity, as the Helotes by the Lacedæmonians, who were the most illustrious champions for liberty in all Greece; or of provinces more plundered and spoiled than the States conquered by the Romans, for one hundred years before Cæsar's dictatorship. The reason is plain, there are many great men in free States. There were many consular gentlemen in that great republic, who all considered themselves as greater than kings, and must have kingly fortunes, which they had no other way of acquiring but by governments of provinces, which lasted generally but one year, and seldom more than two. In what I have already said, or may say, or any cases I may state, I hope every gentleman will do me the justice to believe that I have not

Perhaps it may be thought that breaking off this confederacy, and leaving it unfinished after we have entered upon it, will be only postponing the duty to some future period? Alas! nothing can exceed the absurdity of that supposition. Does not all history cry out, that common danger is the great and only effectual means of settling difficulties, and composing differences? Have we not experienced its efficacy in producing such a degree of union through these colonies, as nobody would have prophesied, and hardly any would have expected?

If, therefore, at present, when the danger is yet imminent, when it is so far from being over, that it is but coming to its height, we shall find it impossible to agree upon the terms of this confederacy, what madness is it to suppose that there ever will be a time, or that circumstances will so change as to make it even probable that it will be done at an after season? Will not the very same difficulties that are in our way, be in the way of those who shall come after us? Is it possible that they should be ignorant of them, or inattentive to them? Will they not have the same jealousies of each other, the same attachment to local prejudices, and particular interest? So certain is this, that I look upon it, as on the repentance of a sinner. Every day's delay, though it adds to the necessity, yet augments the difficulty and takes from the inclination.

There is one thing that has been thrown out, by which some seem to persuade themselves of, and others to be more indifferent, about the success of a confederacy, that from the nature

of men, it is to be expected that a time must | the time, in Europe, when the liberal senticome when it will be dissolved and broken in ments that now prevail upon the rights of conpieces. I am none of those, who either deny science, would have been looked upon as absurd. or conceal the depravity of human nature, till It is but little above two hundred years since it is purified by the light of truth, and renewed that enlarged system, called the balance of by the Spirit of the living God. Yet, I appre- | power, took place, and I maintain that it is a hend there is no force in that reasoning at all. greater step, from the former disunited and Shall we establish nothing good because we hostile situation of kingdoms and States, to know it cannot be eternal? Shall we live with- their present condition, than it would be from out government, because every constitution has their present condition to a state of more perits old age and its period? Because we know fect and lasting union. It is not impossible, that we shall die, shall we take no pains to that in future times all the States in one quarpreserve or lengthen out life? Far from it, sir: ter of the globe may see it proper, by some it only requires the more watchful attention to plan of union, to perpetuate security and peace, settle government upon the best principles and and sure I am, a well planned confederacy in the wisest manner, that it may last as long among the States of America may hand down as the nature of things will admit. the blessings of peace and public order to many generations. The union of the seven provinces of the low countries has never yet been broken, and they are of very different degrees of strength and wealth. Neither have the cantons of Switzerland ever broken among themselves, though there are some of them Protestants, and some of them Papists, by public establishment. Not only so, but these confederacies are seldom engaged in a war with other nations. Wars are generally between monarchs, or single States that are large. A confederation, of itself, keeps war at a distance from the bodies of which it is composed.

But I beg leave to say something more, though with some risk that it will be thought visionary and romantic. I do expect, Mr. President, a progress, as in every other human art, so in the order and perfection of human society, greater than we have yet seen, and why should we be wanting to ourselves in urging it forward? It is certain, I think, that human science and religion have kept company together and greatly assisted each other's progress in the world. I do not say that intellectual and moral qualities are in the same proportion in particular persons, but they have a great and friendly influence upon one another, in societies and larger bodies.

There have been great improvements, not only in human knowledge, but in human nature, the progress of which can be easily traced in history. Every body is able to look back to

For all these reasons, sir, I humbly apprehend that every argument from honor, interest, safety, and necessity, conspire in pressing us to a confederacy, and if it be seriously attempted, I hope, by the blessing of God upon our endeavors, it will be happily accomplished.

THE CONVENTION WITH BURGOYNE.

of embracing any measure which shall but ap pear to be mean, captious, or insidious, whatever advantage may seem to arise from it. On the other hand, as the interest of this continent is committed to our care, it is our duty, and it will be expected of us, that we give the utmost attention that the public suffer no injury by deception, or abuse and insult, on the part of our enemies.

General Burgoyne surrendered to General | hope, therefore, we shall detest the thoughts Gates, on the seventeenth of October, 1777. The articles of convention not being complied with by the British general, Congress took into consideration a series of resolutions, suspending the embarkation of the British troops, until a distinct and explicit ratification of the convention should be properly notified by the Court of Great Britain to Congress. On these resolutions the following speech was made:

MR. PRESIDENT: I am sensible as every other gentleman in this House seems to be, of the great importance of the present question. It is of much moment, as to private persons, so to every incorporated society, to preserve its faith and honor in solemn contracts: and it is especially so to us, as representing the United States of America, associated so lately and just beginning to appear upon the public stage. I

On the first of these principles it is clearly my opinion that we ought, agreeably to the spirit of the first resolution reported, to find, that the convention is not so broken, on the part of General Burgoyne, as to entitle us to refuse compliance with it on ours, and detain him and his army as prisoners of war. I admit that there is something very suspicious in the circumstance of the colors, when compared with his letter in the London Gazette, which makes mention of the British colors being seen flying upon the fort. I agree, at the same time,