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1776-'78: The Declaration of Independence |
On the 15th of May, 1776, the convention of Virginia instructed
their delegates in Congress to propose to that body to declare the
colonies independent of G. Britain, and appointed a commee to prepare
a declaration of rights and plan of government.
In Congress, Friday June 7. 1776. The delegates from Virginia
moved in obedience to instructions from their constituents that the
Congress should declare that these United colonies are & of right
ought to be free & independent states, that they are absolved from
all allegiance to the British crown, and that all political
connection between them & the state of Great Britain is & ought to
be, totally dissolved; that measures should be immediately taken for
procuring the assistance of foreign powers, and a Confederation be
formed to bind the colonies more closely together.
The house being obliged to attend at that time to some other
business, the proposition was referred to the next day, when the
members were ordered to attend punctually at ten o'clock.
Saturday June 8. They proceeded to take it into consideration
and referred it to a committee of the whole, into which they
immediately resolved themselves, and passed that day & Monday the
10th in debating on the subject.
It was argued by Wilson, Robert R. Livingston, E. Rutledge,
Dickinson and others
- That tho' they were friends to the measures themselves, and saw
the impossibility that we should ever again be united with Gr.
Britain, yet they were against adopting them at this time:
- That the conduct we had formerly observed was wise & proper
now, of deferring to take any capital step till the voice of the
people drove us into it:
- That they were our power, & without them our declarations could
not be carried into effect;
- That the people of the middle colonies (Maryland, Delaware,
Pennsylva, the Jerseys & N. York) were not yet ripe for bidding adieu
to British connection, but that they were fast ripening & in a short
time would join in the general voice of America:
- That the resolution entered into by this house on the 15th of
May for suppressing the exercise of all powers derived from the
crown, had shown, by the ferment into which it had thrown these
middle colonies, that they had not yet accommodated their minds to a
separation from the mother country:
- That some of them had expressly forbidden their delegates to
consent to such a declaration, and others had given no instructions,
& consequently no powers to give such consent:
- That if the delegates of any particular colony had no power to
declare such colony independant, certain they were the others could
not declare it for them; the colonies being as yet perfectly
independant of each other:
- That the assembly of Pennsylvania was now sitting above stairs,
their convention would sit within a few days, the convention of New
York was now sitting, & those of the Jerseys & Delaware counties
would meet on the Monday following, & it was probable these bodies
would take up the question of Independance & would declare to their
delegates the voice of their state:
- That if such a declaration should now be agreed to, these
delegates must retire & possibly their colonies might secede from the
Union:
- That such a secession would weaken us more than could be
compensated by any foreign alliance:
- That in the event of such a division, foreign powers would
either refuse to join themselves to our fortunes, or, having us so
much in their power as that desperate declaration would place us,
they would insist on terms proportionably more hard and prejudicial:
- That we had little reason to expect an alliance with those to
whom alone as yet we had cast our eyes:
- That France & Spain had reason to be jealous of that rising
power which would one day certainly strip them of all their American
possessions:
- That it was more likely they should form a connection with the
British court, who, if they should find themselves unable otherwise
to extricate themselves from their difficulties, would agree to a
partition of our territories, restoring Canada to France, & the
Floridas to Spain, to accomplish for themselves a recovery of these
colonies:
- That it would not be long before we should receive certain
information of the disposition of the French court, from the agent
whom we had sent to Paris for that purpose:
- That if this disposition should be favorable, by waiting the
event of the present campaign, which we all hoped would be
successful, we should have reason to expect an alliance on better
terms:
- That this would in fact work no delay of any effectual aid from
such ally, as, from the advance of the season & distance of our
situation, it was impossible we could receive any assistance during
this campaign:
- That it was prudent to fix among ourselves the terms on which
we should form alliance, before we declared we would form one at all
events:
- And that if these were agreed on, & our Declaration of
Independance ready by the time our Ambassador should be prepared to
sail, it would be as well as to go into that Declaration at this day.
On the other side it was urged by J. Adams, Lee, Wythe, and
others
- That no gentleman had argued against the policy or the right of
separation from Britain, nor had supposed it possible we should ever
renew our connection; that they had only opposed its being now
declared:
- That the question was not whether, by a declaration of
independance, we should make ourselves what we are not; but whether
we should declare a fact which already exists:
- That as to the people or parliament of England, we had alwais
been independent of them, their restraints on our trade deriving
efficacy from our acquiescence only, & not from any rights they
possessed of imposing them, & that so far our connection had been
federal only & was now dissolved by the commencement of hostilities:
- That as to the King, we had been bound to him by allegiance,
but that this bond was now dissolved by his assent to the late act of
parliament, by which he declares us out of his protection, and by his
levying war on us, a fact which had long ago proved us out of his
protection; it being a certain position in law that allegiance &
protection are reciprocal, the one ceasing when the other is
withdrawn:
- That James the IId. never declared the people of England out of
his protection yet his actions proved it & the parliament declared
it:
- [That] No delegates then can be denied, or ever want, a power of
declaring an existing truth:
- That the delegates from the Delaware counties having declared
their constituents ready to join, there are only two colonies
Pennsylvania & Maryland whose delegates are absolutely tied up, and
that these had by their instructions only reserved a right of
confirming or rejecting the measure:
- That the instructions from Pennsylvania might be accounted for
from the times in which they were drawn, near a twelvemonth ago,
since which the face of affairs has totally changed:
- That within that time it had become apparent that Britain was
determined to accept nothing less than a carte-blanche, and that the
King's answer to the Lord Mayor Aldermen & common council of London,
which had come to hand four days ago, must have satisfied every one
of this point:
- That the people wait for us to lead the way:
- That _they_ are in favour of the measure, tho' the instructions
given by some of their _representatives_ are not:
- That the voice of the representatives is not always consonant
with the voice of the people, and that this is remarkably the case in
these middle colonies:
- That the effect of the resolution of the 15th of May has proved
this, which, raising the murmurs of some in the colonies of
Pennsylvania & Maryland, called forth the opposing voice of the freer
part of the people, & proved them to be the majority, even in these
colonies:
- That the backwardness of these two colonies might be ascribed
partly to the influence of proprietary power & connections, & partly
to their having not yet been attacked by the enemy:
- That these causes were not likely to be soon removed, as there
seemed no probability that the enemy would make either of these the
seat of this summer's war:
- That it would be vain to wait either weeks or months for
perfect unanimity, since it was impossible that all men should ever
become of one sentiment on any question:
- That the conduct of some colonies from the beginning of this
contest, had given reason to suspect it was their settled policy to
keep in the rear of the confederacy, that their particular prospect
might be better, even in the worst event:
- That therefore it was necessary for those colonies who had
thrown themselves forward & hazarded all from the beginning, to come
forward now also, and put all again to their own hazard:
- That the history of the Dutch revolution, of whom three states
only confederated at first proved that a secession of some colonies
would not be so dangerous as some apprehended:
- That a declaration of Independence alone could render it
consistent with European delicacy for European powers to treat with
us, or even to receive an Ambassador from us:
- That till this they would not receive our vessels into their
ports, nor acknowledge the adjudications of our courts of admiralty
to be legitimate, in cases of capture of British vessels:
- That though France & Spain may be jealous of our rising power,
they must think it will be much more formidable with the addition of
Great Britain; and will therefore see it their interest to prevent a
coalition; but should they refuse, we shall be but where we are;
whereas without trying we shall never know whether they will aid us
or not:
- That the present campaign may be unsuccessful, & therefore we
had better propose an alliance while our affairs wear a hopeful
aspect:
- That to await the event of this campaign will certainly work
delay, because during this summer France may assist us effectually by
cutting off those supplies of provisions from England & Ireland on
which the enemy's armies here are to depend; or by setting in motion
the great power they have collected in the West Indies, & calling our
enemy to the defence of the possessions they have there:
- That it would be idle to lose time in settling the terms of
alliance, till we had first determined we would enter into alliance:
- That it is necessary to lose no time in opening a trade for our
people, who will want clothes, and will want money too for the
paiment of taxes:
- And that the only misfortune is that we did not enter into
alliance with France six months sooner, as besides opening their
ports for the vent of our last year's produce, they might have
marched an army into Germany and prevented the petty princes there
from selling their unhappy subjects to subdue us.
It appearing in the course of these debates that the colonies
of N. York, New Jersey, Pennsylvania, Delaware, Maryland, and South
Carolina were not yet matured for falling from the parent stem, but
that they were fast advancing to that state, it was thought most
prudent to wait a while for them, and to postpone the final decision
to July 1. but that this might occasion as little delay as possible a
committee was appointed to prepare a declaration of independence.
The commee were J. Adams, Dr. Franklin, Roger Sherman, Robert R.
Livingston & myself. Committees were also appointed at the same time
to prepare a plan of confederation for the colonies, and to state the
terms proper to be proposed for foreign alliance. The committee for
drawing the declaration of Independence desired me to do it. It was
accordingly done, and being approved by them, I reported it to the
house on Friday the 28th of June when it was read and ordered to lie
on the table. On Monday, the 1st of July the house resolved itself
into a commee of the whole & resumed the consideration of the
original motion made by the delegates of Virginia, which being again
debated through the day, was carried in the affirmative by the votes
of N. Hampshire, Connecticut, Massachusetts, Rhode Island, N. Jersey,
Maryland, Virginia, N. Carolina, & Georgia. S. Carolina and
Pennsylvania voted against it. Delaware having but two members
present, they were divided. The delegates for New York declared they
were for it themselves & were assured their constituents were for it,
but that their instructions having been drawn near a twelvemonth
before, when reconciliation was still the general object, they were
enjoined by them to do nothing which should impede that object. They
therefore thought themselves not justifiable in voting on either
side, and asked leave to withdraw from the question, which was given
them. The commee rose & reported their resolution to the house. Mr.
Edward Rutledge of S. Carolina then requested the determination might
be put off to the next day, as he believed his colleagues, tho' they
disapproved of the resolution, would then join in it for the sake of
unanimity. The ultimate question whether the house would agree to
the resolution of the committee was accordingly postponed to the next
day, when it was again moved and S. Carolina concurred in voting for
it. In the meantime a third member had come post from the Delaware
counties and turned the vote of that colony in favour of the
resolution. Members of a different sentiment attending that morning
from Pennsylvania also, their vote was changed, so that the whole 12
colonies who were authorized to vote at all, gave their voices for
it; and within a few days, the convention of N. York approved of it
and thus supplied the void occasioned by the withdrawing of her
delegates from the vote.
Congress proceeded the same day to consider the declaration of
Independance which had been reported & lain on the table the Friday
preceding, and on Monday referred to a commee of the whole. The
pusillanimous idea that we had friends in England worth keeping terms
with, still haunted the minds of many. For this reason those
passages which conveyed censures on the people of England were struck
out, lest they should give them offence. The clause too, reprobating
the enslaving the inhabitants of Africa, was struck out in
complaisance to South Carolina and Georgia, who had never attempted
to restrain the importation of slaves, and who on the contrary still
wished to continue it. Our northern brethren also I believe felt a
little tender under those censures; for tho' their people have very
few slaves themselves yet they had been pretty considerable carriers
of them to others. The debates having taken up the greater parts of
the 2d 3d & 4th days of July were, in the evening of the last, closed
the declaration was reported by the commee, agreed to by the house
and signed by every member present except Mr. Dickinson. As the
sentiments of men are known not only by what they receive, but what
they reject also, I will state the form of the declaration as
originally reported. The parts struck out by Congress shall be
distinguished by a black line drawn under them; & those inserted by
them shall be placed in the margin or in a concurrent column.
A Declaration by the Representatives of the
United States of America, in General
Congress Assembled.
When in the course of human events it becomes necessary for one
people to dissolve the political bands which have connected them with
another, and to assume among the powers of the earth the separate &
equal station to which the laws of nature and of nature's God entitle
them, a decent respect to the opinions of mankind requires that they
should declare the causes which impel them to the separation.
We hold these truths to be self-evident: that all men are
created equal; that they are endowed by their creator with *inherent
and* [certain] inalienable rights; that among these are life,
liberty, & the pursuit of happiness: that to secure these rights,
governments are instituted among men, deriving their just powers from
the consent of the governed; that whenever any form of government
becomes destructive of these ends, it is the right of the people to
alter or abolish it, & to institute new government, laying it's
foundation on such principles, & organizing it's powers in such form,
as to them shall seem most likely to effect their safety & happiness.
Prudence indeed will dictate that governments long established should
not be changed for light & transient causes; and accordingly all
experience hath shown that mankind are more disposed to suffer while
evils are sufferable, than to right themselves by abolishing the
forms to which they are accustomed. But when a long train of abuses
& usurpations *begun at a distinguished period and* pursuing
invariably the same object, evinces a design to reduce them under
absolute despotism, it is their right, it is their duty to throw off
such government, & to provide new guards for their future security.
Such has been the patient sufferance of these colonies; & such is now
the necessity which constrains them to *expunge* [alter] their former
systems of government. The history of the present king of Great
Britain is a history of *unremitting* [repeated] injuries &
usurpations, *among which appears no solitary fact to contradict the
uniform tenor of the rest but all have* [all having] in direct object
the establishment of an absolute tyranny over these states. To prove
this let facts be submitted to a candid world *for the truth of which
we pledge a faith yet unsullied by falsehood.*
- He has refused his assent to laws the most wholesome &
necessary for the public good.
- He has forbidden his governors to pass laws of immediate &
pressing importance, unless suspended in their operation till his
assent should be obtained; & when so suspended, he has utterly
neglected to attend to them.
- He has refused to pass other laws for the accommodation of
large districts of people, unless those people would relinquish the
right of representation in the legislature, a right inestimable to
them, & formidable to tyrants only.
- He has called together legislative bodies at places unusual,
uncomfortable, and distant from the depository of their public
records, for the sole purpose of fatiguing them into compliance with
his measures.
- He has dissolved representative houses repeatedly *&
continually* for opposing with manly firmness his invasions on the
rights of the people.
- He has refused for a long time after such dissolutions to cause
others to be elected, whereby the legislative powers, incapable of
annihilation, have returned to the people at large for their
exercise, the state remaining in the meantime exposed to all the
dangers of invasion from without & convulsions within.
- He has endeavored to prevent the population of these states;
for that purpose obstructing the laws for naturalization of
foreigners, refusing to pass others to encourage their migrations
hither, & raising the conditions of new appropriations of lands.
- He has *suffered* [obstructed] the administration of justice
*totally to cease in some of these states* [by] refusing his [assent
to laws for establishing judiciary powers.
- He has made *our* judges dependant on his will alone, for the
tenure of their offices, & the amount & paiment of their salaries.
- He has erected a multitude of new offices *by a self assumed
power* and sent hither swarms of new officers to harass our people
and eat out their substance.
- He has kept among us in times of peace standing armies *and
ships of war* without the consent of our legislatures.
- He has affected to render the military independant of, &
superior to the civil power.
- He has combined with others to subject us to a jurisdiction
foreign to our constitutions & unacknowledged by our laws, giving his
assent to their acts of pretended legislation for quartering large
bodies of armed troops among us; for protecting them by a mock-trial
from punishment for any murders which they should commit on the
inhabitants of these states; for cutting off our trade with all parts
of the world; for imposing taxes on us without our consent; for
depriving us [ ] [in many cases] of the benefits of trial by jury;
for transporting us beyond seas to be tried for pretended offences;
for abolishing the free system of English laws in a neighboring
province, establishing therein an arbitrary government, and enlarging
it's boundaries, so as to render it at once an example and fit
instrument for introducing the same absolute rule into these *states*
[colonies]; for taking away our charters, abolishing our most
valuable laws, and altering fundamentally the forms of our
governments; for suspending our own legislatures, & declaring
themselves invested with power to legislate for us in all cases
whatsoever.
- He has abdicated government here *withdrawing his governors,
and declaring us out of his allegiance & protection*. [by declaring
us out of his protection, and waging war against us.]
- He has plundered our seas, ravaged our coasts, burnt our towns,
& destroyed the lives of our people.
- He is at this time transporting large armies of foreign
mercenaries to compleat the works of death, desolation & tyranny
already begun with circumstances of cruelty and perfidy [ ] [scarcely
paralleled in the most barbarous ages, & totally] unworthy the head
of a civilized nation.
- He has constrained our fellow citizens taken captive on the
high seas to bear arms against their country, to become the
executioners of their friends & brethren, or to fall themselves by
their hands.
- He has [excited domestic insurrection among us, & has]
endeavored to bring on the inhabitants of our frontiers the merciless
Indian savages, whose known rule of warfare is an undistinguished
destruction of all ages, sexes, & conditions *of existence.*
- *He has incited treasonable insurrections of our
fellow-citizens, with the allurements of forfeiture & confiscation of
our property.*
- *He has waged cruel war against human nature itself, violating
it's most sacred rights of life and liberty in the persons of a
distant people who never offended him, captivating & carrying them
into slavery in another hemisphere, or to incur miserable death in
their transportation thither. This piratical warfare, the opprobium
of INFIDEL powers, is the warfare of the CHRISTIAN king of Great
Britain. Determined to keep open a market where MEN should be bought
& sold, he has prostituted his negative for suppressing every
legislative attempt to prohibit or to restrain this execrable
commerce. And that this assemblage of horrors might want no fact of
distinguished die, he is now exciting those very people to rise in
arms among us, and to purchase that liberty of which he has deprived
them, by murdering the people on whom he also obtruded them: thus
paying off former crimes committed against the LIBERTIES of one
people, with crimes which he urges them to commit against the LIVES
of another.*
In every stage of these oppressions we have petitioned for
redress in the most humble terms: our repeated petitions have been
answered only by repeated injuries.
A prince whose character is thus marked by every act which may
define a tyrant is unfit to be the ruler of a [ ] [free] people *who
mean to be free. Future ages will scarcely believe that the
hardiness of one man adventured, within the short compass of twelve
years only, to lay a foundation so broad & so undisguised for tyranny
over a people fostered & fixed in principles of freedom.*
Nor have we been wanting in attentions to our British brethren.
We have warned them from time to time of attempts by their
legislature to extend *a* [an unwarrantable] jurisdiction over *these
our states* [us]. We have reminded them of the circumstances of our
emigration & settlement here, *no one of which could warrant so
strange a pretension: that these were effected at the expense of our
own blood & treasure, unassisted by the wealth or the strength of
Great Britain: that in constituting indeed our several forms of
government, we had adopted one common king, thereby laying a
foundation for perpetual league & amity with them: but that
submission to their parliament was no part of our constitution, nor
ever in idea, if history may be credited: and*, we [ ] [have]
appealed to their native justice and magnanimity *as well as to* [and
we have conjured them by] the ties of our common kindred to disavow
these usurpations which *were likely to* [would inevitably] interrupt
our connection and correspondence. They too have been deaf to the
voice of justice & of consanguinity, *and when occasions have been
given them, by the regular course of their laws, of removing from
their councils the disturbers of our harmony, they have, by their
free election, re-established them in power. At this very time too
they are permitting their chief magistrate to send over not only
soldiers of our common blood, but Scotch & foreign mercenaries to
invade & destroy us. These facts have given the last stab to
agonizing affection, and manly spirit bids us to renounce forever
these unfeeling brethren. We must [We must therefore] endeavor to
forget our former love for them, and hold them as we hold the rest of
mankind, enemies in war, in peace friends. We might have been a free
and a great people together; but a communication of grandeur & of
freedom it seems is below their dignity. Be it so, since they will
have it. The road to happiness & to glory is open to us too. We
will tread it apart from them, and* acquiesce in the necessity which
denounces our *eternal* separation [ ] [and hold them as we hold the
rest of mankind, enemies in war, in peace friends.]!
[Note Editor: Jefferson has written down two versions of the last paragraph:]
We therefore the representatives of the United States of America in General Congress assembled do in the name & by authority of the good people of these *states reject & renounce all allegiance & subjection to the kings of Great Britain & all others who may hereafter claim by, through or under them: we utterly dissolve all political* *connection which may heretofore have subsisted between us & the people or parliament of Great Britain: & finally we do assert & declare these colonies to be free & independent states,* & that as free & independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, & to do all other acts & things which independent states may of right do. And for the support of this declaration we mutually pledge to each other our lives, our fortunes, & our sacred honor. |
We therefore the representatives of the United States of America in General Congress assembled, appealing to the supreme judge of the world for the rectitude of our intentions, do in the name, & by the authority of the good people of these colonies, solemnly publish & declare that these united colonies are & of right ought to be free & independent states; that they are absolved from all allegiance to the British crown, and that all political connection between them & the state of Great Britain is, & ought to be, totally dissolved; & that as free & independent states they have full power to levy war, conclude peace, contract alliances, establish commerce & to do all other acts & things which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of divine providence we mutually pledge to each other our lives, our fortunes, & our sacred honor. |
The Declaration thus signed on the 4th, on paper was engrossed
on parchment, & signed again on the 2d. of August.
Some erroneous statements of the proceedings on the declaration
of independence having got before the public in latter times, Mr.
Samuel A. Wells asked explanations of me, which are given in my
letter to him of May 12. 19. before and now again referred to. I
took notes in my place while these things were going on, and at their
close wrote them out in form and with correctness and from 1 to 7 of
the two preceding sheets are the originals then written; as the two
following are of the earlier debates on the Confederation, which I
took in like manner.
On Friday July 12. the Committee appointed to draw the articles
of confederation reported them, and on the 22d. the house resolved
themselves into a committee to take them into consideration. On the
30th. & 31st. of that month & 1st. of the ensuing, those articles
were debated which determined the proportion or quota of money which
each state should furnish to the common treasury, and the manner of
voting in Congress. The first of these articles was expressed in the
original draught in these words. "Art. XI. All charges of war & all
other expenses that shall be incurred for the common defence, or
general welfare, and allowed by the United States assembled, shall be
defrayed out of a common treasury, which shall be supplied by the
several colonies in proportion to the number of inhabitants of every
age, sex & quality, except Indians not paying taxes, in each colony,
a true account of which, distinguishing the white inhabitants, shall
be triennially taken & transmitted to the Assembly of the United
States."
Mr. [Samuel] Chase moved that the quotas should be fixed, not
by the number of inhabitants of every condition, but by that of the
"white inhabitants." He admitted that taxation should be alwais in
proportion to property, that this was in theory the true rule, but
that from a variety of difficulties, it was a rule which could never
be adopted in practice. The value of the property in every State
could never be estimated justly & equally. Some other measure for
the wealth of the State must therefore be devised, some standard
referred to which would be more simple. He considered the number of
inhabitants as a tolerably good criterion of property, and that this
might alwais be obtained. He therefore thought it the best mode
which we could adopt, with one exception only. He observed that
negroes are property, and as such cannot be distinguished from the
lands or personalities held in those States where there are few
slaves, that the surplus of profit which a Northern farmer is able to
lay by, he invests in cattle, horses, &c. whereas a Southern farmer
lays out that same surplus in slaves. There is no more reason
therefore for taxing the Southern states on the farmer's head, & on
his slave's head, than the Northern ones on their farmer's heads &
the heads of their cattle, that the method proposed would therefore
tax the Southern states according to their numbers & their wealth
conjunctly, while the Northern would be taxed on numbers only: that
negroes in fact should not be considered as members of the state more
than cattle & that they have no more interest in it.
Mr. John Adams observed that the numbers of people were taken
by this article as an index of the wealth of the state, & not as
subjects of taxation, that as to this matter it was of no consequence
by what name you called your people, whether by that of freemen or of
slaves. That in some countries the labouring poor were called
freemen, in others they were called slaves; but that the difference
as to the state was imaginary only. What matters it whether a
landlord employing ten labourers in his farm, gives them annually as
much money as will buy them the necessaries of life, or gives them
those necessaries at short hand. The ten labourers add as much
wealth annually to the state, increase it's exports as much in the
one case as the other. Certainly 500 freemen produce no more
profits, no greater surplus for the paiment of taxes than 500 slaves.
Therefore the state in which are the labourers called freemen should
be taxed no more than that in which are those called slaves. Suppose
by any extraordinary operation of nature or of law one half the
labourers of a state could in the course of one night be transformed
into slaves: would the state be made the poorer or the less able to
pay taxes? That the condition of the laboring poor in most
countries, that of the fishermen particularly of the Northern states,
is as abject as that of slaves. It is the number of labourers which
produce the surplus for taxation, and numbers therefore
indiscriminately, are the fair index of wealth. That it is the use
of the word "property" here, & it's application to some of the people
of the state, which produces the fallacy. How does the Southern
farmer procure slaves? Either by importation or by purchase from his
neighbor. If he imports a slave, he adds one to the number of
labourers in his country, and proportionably to it's profits &
abilities to pay taxes. If he buys from his neighbor it is only a
transfer of a labourer from one farm to another, which does not
change the annual produce of the state, & therefore should not change
it's tax. That if a Northern farmer works ten labourers on his farm,
he can, it is true, invest the surplus of ten men's labour in cattle:
but so may the Southern farmer working ten slaves. That a state of
one hundred thousand freemen can maintain no more cattle than one of
one hundred thousand slaves. Therefore they have no more of that
kind of property. That a slave may indeed from the custom of speech
be more properly called the wealth of his master, than the free
labourer might be called the wealth of his employer: but as to the
state, both were equally it's wealth, and should therefore equally
add to the quota of it's tax.
Mr. [Benjamin] Harrison proposed as a compromise, that two
slaves should be counted as one freeman. He affirmed that slaves did
not do so much work as freemen, and doubted if two effected more than
one. That this was proved by the price of labor. The hire of a
labourer in the Southern colonies being from 8 to pound 12. while in
the Northern it was generally pound 24.
Mr. [James] Wilson said that if this amendment should take
place the Southern colonies would have all the benefit of slaves,
whilst the Northern ones would bear the burthen. That slaves
increase the profits of a state, which the Southern states mean to
take to themselves; that they also increase the burthen of defence,
which would of course fall so much the heavier on the Northern. That
slaves occupy the places of freemen and eat their food. Dismiss your
slaves & freemen will take their places. It is our duty to lay every
discouragement on the importation of slaves; but this amendment would
give the jus trium liberorum to him who would import slaves. That
other kinds of property were pretty equally distributed thro' all the
colonies: there were as many cattle, horses, & sheep, in the North as
the South, & South as the North; but not so as to slaves. That
experience has shown that those colonies have been alwais able to pay
most which have the most inhabitants, whether they be black or white,
and the practice of the Southern colonies has alwais been to make
every farmer pay poll taxes upon all his labourers whether they be
black or white. He acknowledges indeed that freemen work the most;
but they consume the most also. They do not produce a greater
surplus for taxation. The slave is neither fed nor clothed so
expensively as a freeman. Again white women are exempted from labor
generally, but negro women are not. In this then the Southern states
have an advantage as the article now stands. It has sometimes been
said that slavery is necessary because the commodities they raise
would be too dear for market if cultivated by freemen; but now it is
said that the labor of the slave is the dearest.
Mr. Payne urged the original resolution of Congress, to
proportion the quotas of the states to the number of souls.
Dr. [John] Witherspoon was of opinion that the value of lands &
houses was the best estimate of the wealth of a nation, and that it
was practicable to obtain such a valuation. This is the true
barometer of wealth. The one now proposed is imperfect in itself,
and unequal between the States. It has been objected that negroes
eat the food of freemen & therefore should be taxed. Horses also eat
the food of freemen; therefore they also should be taxed. It has
been said too that in carrying slaves into the estimate of the taxes
the state is to pay, we do no more than those states themselves do,
who alwais take slaves into the estimate of the taxes the individual
is to pay. But the cases are not parallel. In the Southern colonies
slaves pervade the whole colony; but they do not pervade the whole
continent. That as to the original resolution of Congress to
proportion the quotas according to the souls, it was temporary only,
& related to the monies heretofore emitted: whereas we are now
entering into a new compact, and therefore stand on original ground.
Aug 1. The question being put the amendment proposed was
rejected by the votes of N. Hampshire, Massachusetts, Rhode island,
Connecticut, N. York, N. Jersey, & Pennsylvania, against those of
Delaware, Maryland, Virginia, North & South Carolina. Georgia was
divided.
The other article was in these words. "Art. XVII. In
determining questions each colony shall have one vote."
July 30. 31. Aug 1. Present 41. members. Mr. Chase observed
that this article was the most likely to divide us of any one
proposed in the draught then under consideration. That the larger
colonies had threatened they would not confederate at all if their
weight in congress should not be equal to the numbers of people they
added to the confederacy; while the smaller ones declared against a
union if they did not retain an equal vote for the protection of
their rights. That it was of the utmost consequence to bring the
parties together, as should we sever from each other, either no
foreign power will ally with us at all, or the different states will
form different alliances, and thus increase the horrors of those
scenes of civil war and bloodshed which in such a state of separation
& independance would render us a miserable people. That our
importance, our interests, our peace required that we should
confederate, and that mutual sacrifices should be made to effect a
compromise of this difficult question. He was of opinion the smaller
colonies would lose their rights, if they were not in some instances
allowed an equal vote; and therefore that a discrimination should
take place among the questions which would come before Congress.
That the smaller states should be secured in all questions concerning
life or liberty & the greater ones in all respecting property. He
therefore proposed that in votes relating to money, the voice of each
colony should be proportioned to the number of its inhabitants.
Dr. Franklin thought that the votes should be so proportioned
in all cases. He took notice that the Delaware counties had bound up
their Delegates to disagree to this article. He thought it a very
extraordinary language to be held by any state, that they would not
confederate with us unless we would let them dispose of our money.
Certainly if we vote equally we ought to pay equally; but the smaller
states will hardly purchase the privilege at this price. That had he
lived in a state where the representation, originally equal, had
become unequal by time & accident he might have submitted rather than
disturb government; but that we should be very wrong to set out in
this practice when it is in our power to establish what is right.
That at the time of the Union between England and Scotland the latter
had made the objection which the smaller states now do. But
experience had proved that no unfairness had ever been shown them.
That their advocates had prognosticated that it would again happen as
in times of old, that the whale would swallow Jonas, but he thought
the prediction reversed in event and that Jonas had swallowed the
whale, for the Scotch had in fact got possession of the government
and gave laws to the English. He reprobated the original agreement
of Congress to vote by colonies and therefore was for their voting in
all cases according to the number of taxables.
Dr. Witherspoon opposed every alteration of the article. All
men admit that a confederacy is necessary. Should the idea get
abroad that there is likely to be no union among us, it will damp the
minds of the people, diminish the glory of our struggle, & lessen
it's importance; because it will open to our view future prospects of
war & dissension among ourselves. If an equal vote be refused, the
smaller states will become vassals to the larger; & all experience
has shown that the vassals & subjects of free states are the most
enslaved. He instanced the Helots of Sparta & the provinces of Rome.
He observed that foreign powers discovering this blemish would make
it a handle for disengaging the smaller states from so unequal a
confederacy. That the colonies should in fact be considered as
individuals; and that as such, in all disputes they should have an
equal vote; that they are now collected as individuals making a
bargain with each other, & of course had a right to vote as
individuals. That in the East India company they voted by persons, &
not by their proportion of stock. That the Belgic confederacy voted
by provinces. That in questions of war the smaller states were as
much interested as the larger, & therefore should vote equally; and
indeed that the larger states were more likely to bring war on the
confederacy in proportion as their frontier was more extensive. He
admitted that equality of representation was an excellent principle,
but then it must be of things which are coordinate; that is, of
things similar & of the same nature: that nothing relating to
individuals could ever come before Congress; nothing but what would
respect colonies. He distinguished between an incorporating & a
federal union. The union of England was an incorporating one; yet
Scotland had suffered by that union: for that it's inhabitants were
drawn from it by the hopes of places & employments. Nor was it an
instance of equality of representation; because while Scotland was
allowed nearly a thirteenth of representation they were to pay only
one fortieth of the land tax. He expressed his hopes that in the
present enlightened state of men's minds we might expect a lasting
confederacy, if it was founded on fair principles.
John Adams advocated the voting in proportion to numbers. He
said that we stand here as the representatives of the people. That
in some states the people are many, in others they are few; that
therefore their vote here should be proportioned to the numbers from
whom it comes. Reason, justice, & equity never had weight enough on
the face of the earth to govern the councils of men. It is interest
alone which does it, and it is interest alone which can be trusted.
That therefore the interests within doors should be the mathematical
representatives of the interests without doors. That the
individuality of the colonies is a mere sound. Does the
individuality of a colony increase it's wealth or numbers. If it
does, pay equally. If it does not add weight in the scale of the
confederacy, it cannot add to their rights, nor weigh in argument.
A. has pound 50. B. pound 500. C. pound 1000. in partnership. Is it
just they should equally dispose of the monies of the partnership?
It has been said we are independent individuals making a bargain
together. The question is not what we are now, but what we ought to
be when our bargain shall be made. The confederacy is to make us one
individual only; it is to form us, like separate parcels of metal,
into one common mass. We shall no longer retain our separate
individuality, but become a single individual as to all questions
submitted to the confederacy. Therefore all those reasons which
prove the justice & expediency of equal representation in other
assemblies, hold good here. It has been objected that a proportional
vote will endanger the smaller states. We answer that an equal vote
will endanger the larger. Virginia, Pennsylvania, & Massachusetts
are the three greater colonies. Consider their distance, their
difference of produce, of interests & of manners, & it is apparent
they can never have an interest or inclination to combine for the
oppression of the smaller. That the smaller will naturally divide on
all questions with the larger. Rhode isld, from it's relation,
similarity & intercourse will generally pursue the same objects with
Massachusetts; Jersey, Delaware & Maryland, with Pennsylvania.
Dr. [Benjamin] Rush took notice that the decay of the liberties
of the Dutch republic proceeded from three causes.
- The perfect unanimity requisite on all occasions.
- Their obligation to consult their constituents.
- Their voting by provinces.
This last destroyed the equality of representation, and the liberties of great
Britain also are sinking from the same defect. That a part of our
rights is deposited in the hands of our legislatures. There it was
admitted there should be an equality of representation. Another part
of our rights is deposited in the hands of Congress: why is it not
equally necessary there should be an equal representation there?
Were it possible to collect the whole body of the people together,
they would determine the questions submitted to them by their
majority. Why should not the same majority decide when voting here
by their representatives? The larger colonies are so providentially
divided in situation as to render every fear of their combining
visionary. Their interests are different, & their circumstances
dissimilar. It is more probable they will become rivals & leave it
in the power of the smaller states to give preponderance to any scale
they please. The voting by the number of free inhabitants will have
one excellent effect, that of inducing the colonies to discourage
slavery & to encourage the increase of their free inhabitants.
Mr. [Stephen] Hopkins observed there were 4 larger, 4 smaller,
& 4 middle-sized colonies. That the 4 largest would contain more
than half the inhabitants of the confederated states, & therefore
would govern the others as they should please. That history affords
no instance of such a thing as equal representation. The Germanic
body votes by states. The Helvetic body does the same; & so does the
Belgic confederacy. That too little is known of the ancient
confederations to say what was their practice.
Mr. Wilson thought that taxation should be in proportion to
wealth, but that representation should accord with the number of
freemen. That government is a collection or result of the wills of
all. That if any government could speak the will of all, it would be
perfect; and that so far as it departs from this it becomes
imperfect. It has been said that Congress is a representation of
states; not of individuals. I say that the objects of its care are
all the individuals of the states. It is strange that annexing the
name of "State" to ten thousand men, should give them an equal right
with forty thousand. This must be the effect of magic, not of
reason. As to those matters which are referred to Congress, we are
not so many states, we are one large state. We lay aside our
individuality, whenever we come here. The Germanic body is a
burlesque on government; and their practice on any point is a
sufficient authority & proof that it is wrong. The greatest
imperfection in the constitution of the Belgic confederacy is their
voting by provinces. The interest of the whole is constantly
sacrificed to that of the small states. The history of the war in
the reign of Q. Anne sufficiently proves this. It is asked shall
nine colonies put it into the power of four to govern them as they
please? I invert the question, and ask shall two millions of people
put it in the power of one million to govern them as they please? It
is pretended too that the smaller colonies will be in danger from the
greater. Speak in honest language & say the minority will be in
danger from the majority. And is there an assembly on earth where
this danger may not be equally pretended? The truth is that our
proceedings will then be consentaneous with the interests of the
majority, and so they ought to be. The probability is much greater
that the larger states will disagree than that they will combine. I
defy the wit of man to invent a possible case or to suggest any one
thing on earth which shall be for the interests of Virginia,
Pennsylvania & Massachusetts, and which will not also be for the
interest of the other states.
* * *
These articles reported July 12. 76 were debated from day to
day, & time to time for two years, were ratified July 9, '78, by 10
states, by N. Jersey on the 26th. of Nov. of the same year, and by
Delaware on the 23d. of Feb. following. Maryland alone held off 2
years more, acceding to them Mar 1, 81. and thus closing the
obligation.
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