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bv the exercise of his professional ability. He was among those who took the deepest interest in the controversy with England, and whether in or out of the Legislature, his time and talents were alike devoted to the cause. In the years 1773 and 1774 he was chosen a counsellor, by the members of the General Court, but rejected by Governor Hutchinson, in the former of those years, and by Governor Gage in the latter.

The time was now at hand, however, when the affairs of the colonies urgently demanded united councils. An open rupture with the parent State appeared inevitable, and it was but the dictate of prudence, that those who were united by a common interest and a common danger, should protect that interest and guard against that danger, by united efforts. A general Congress of Delegates from all the colonies, having been proposed and agreed to, the House of Representatives, on the 17th of June 1774, elected James Bowdoin, Thomas Cusnixg, Samuel Adams, John Adams, and Robert Treat Paine, delegates from Massachusetts. This appointment was made at Salem, where the General Court had been convened bv Governor Gage, in the last hour of the existence of a House of Representatives under the provincial Charter. While engaged in this important business, the governor having been informed of what was passing, sent his secretary with a message dissolving the General Court. The secretary rinding the door locked, directed the messenger to go in and inform the speaker that the secretary was at the door with a message from the governor. The messenger returned, and informed the secretary that the orders of the House were that the doors should be kept fast; whereupon the secretary soon after read a proclamation, dissolving the General Court upon the stairs. Thus terminated, forever, the actual exercise of the political power of England in or over Massachusetts. The four last named delegates accepted their appointments, and took their seals in Congress, the first day of its meeting, September 5, 1774, in Philadelphia.

The proceedings of the first Congress arc well known, and have been universally admired. It is in vain that we would look for superior proofs of wisdom, talent, and patriotism. Lord Chatham said, that for himself, he must declare, that lie had studied and admired the free states of antiquity, the master states of the world, but that for solidity of reasoning, force of sagacity, and wisdom of conclusion, no body of men could stand in preference to this Congress. It is hardly inferior praise to say, that no production of that great man himself can be pronounced superior to several of the papers published as the proceedings of this most able, most firm, most patriotic assemblv. There is, mdeed, nothing superior to them in the range of political disquisition. They not only embrace, illustrate, and enforce everything which political philosophy, the love of liberty, and the spirit of free inquiry had antecedently produced, but they add new and striking views of their own, and apply the whole, with irresistible force, in support of the cause which had drawn them together.

Mr. Adams was a constant attendant on the deliberations of this) body, and bore an active part in its important measures. He wa3 of the committee to state the righta of the colonies, and of that also which reported the address to the king.

As it was in the continental Congress, fellow citizens, that those whose deaths have given rise to this occasion, were first brought together, and called on to unite their industry and their ability, in the service of the country, let us now turn to the other of these distinguished men, and take a brief notice of his life, up to the period when he appeared within the walls of Congress.

Thomas Jefferson, descended from ancestors who had been settled in Virginia for some generations, was born near the spot on which he died, in the county of Albemarle, on the iid of April, (Old Style,) 1743. His youthful studies were pursued in the neighbourhood of his father's residence, until he was removed to the college of William and Mary, the highest honors of which he in due time received. Having left the college with reputation, he applied himself to the study of the law, under the tuition of George Wythe, one of the highest judicial names of which that State can boast. At an early age he was elected a member of the Legislature, in which he had no sooner appeared than he distinguished himself, by knowledge, capacity, and promptitude.

Mr. Jefferson appears to have been imbued with an early love of letters and science, and to have cherished a strong disposition to pursue these objects. To the physical sciences, especially, and to ancient classic literature, he is understood to have had a warm attachment, and never entirely to have lost sight of them, in the midst of the busiest occupations. But the times were times for action, rather than for contemplation. The country was to be defended, and to be saved, before it could be enjoyed. Philosophic leisure and literary pursuits, and even the objects of professional attention, were all necessarily postponed to the urgent calls of the public service. The exigency of the country made the same demand on Mr. JcrfiTson that it made on others who had the ability and the disposition to serve it; and he obeyed the call; thinking and feeling, in this respect, with the great Roman orator; Quis enim est lam cupidus in perspiciaula cognoscendaque rerum nalura, lit, si ei Iraclanti conttmplantiqne res cogniiionc dignissimas subilo sit allatum periculum discriuunque patriot, cui snbrenire opihdariuue possil, won ilia oumia rcluujnat a/one abjicial, etiam si dinumeraoe se stellas, aul metiri miindi mugwludinem posse arbilrehir?

Entering, with all his heart, into the cause of liberty, his ability, patriotism, and power with the pen naturally drew upon him a large participation in the most important concerns. Wherever he was, there was found a soul devoted to the cause, power to defend and Kaintain it, and willingness to incur all its hazards. In 1774 he published a Summary View of the Rights of British America, a valuable production among those intended to show the dangers which threatened the liberties ot the country, and to encourage the people in their defence. In June 1775 he was elected a member of the Continental Congress, as successor to Pevton Randolph, who hod retired on account of ill health, and took his scat in that body on the -1st of the same month.

And now, fellow citizens, without pursuing the biography of these illustrious men further, for the present, let us turn our attention to the most prominent act of their lives, their participation in the DECLARATION of INDEPENDENCE.

Preparatory to the introduction of that important measure, a committee, at the head of which was Mr. Adams, had reported a resolution, which Congress adopted the 10th of May, recommending, in substance, to all the colonies which had not already established governments suited to the exigencies of their affairs, to adopt such government, as would, in the opmion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.

This significant vote was soon followed by the direct proposition, which Richard Henrv Lee had the honor to submit to Congress, by resolution, on the 7th day of June. The published journal does not expressly state it, but there is no doubt, I suppose, that this resolution was in the same words, when originally submitted by Mr. Lee, as when finally passed. Having been discussed, on Saturday the 8th, and Monday the 10th of June, this resolution was on the last mentioned day postponed, for further consideration, to the first day of July; and, at the same time it was voted, that a committee be appointed to prepare a Declaration, to the effect of the resolution. This committee was elected by ballot, on the following day, and consisted of Thomas Jefferson, John Adams, Benaamin Franklin, Roger Sherman, and Robert R. Livingston.

It is usual, when committees are elected by ballot, that their members are arranged, in order, according to the number of votes which each has received. Mr. Jefferson, therefore, had received the highest, and Mr. Adams the next highest number of votes. The difference is said to have been but of a single vote. Mr. Jefferson and Mr. Adams, standing thus at the head of the committee, were requested, by the other members, to act as a sub-committee, to prepare the draught; and Mr. Jefferson drew up the paper. The original draught, as brought by him from his study, and submitted to the other members of the committee, with interlineations in the handwriting of Dr. Franklin, and others in that of Mr. Adams, was in Mr. Jefferson's possession at the time of his death. The merit of this paper is Mr. Jefferson's. Some changes were made in it, on the suggestion of other members of the committee, and others by Congress while it was under discussion. But none of them altered the tone, the frame, the arrangement, or the general character of the instrument. As a composition, the declaration is Mr. Jefferson's. It is the production of his mind, and the high honor of it belongs to him, clearly and absolutely.

It has sometimes been said, as if it were a derogation from the merits of this paper, that it contains nothing new; that it only states grounds of proceeding, and presses topies of argument, which had otten been stated and pressed before. But it was not the object of the declaration to produce anything new. It was not to invent reasons for independence, but to state those which governed tho Congress. For great and sufficient causes, it was proposed to declare independence; and the proper business of the paper to be drawn, was to set forth those causes, and justify the authors of the measure, in any event of fortune, to the country, and to posterity. The cause of American independence, moreover, was now to he presented to the world* in such manner, if it might so he, as to engage its sympathy, to command its respect, to attract its admiration; and in an assembly of most able and distinguished men, Thomas Jeffersov had the high honor of being the selected advocate of this cause. To say that he performed his great work well, would he doing him injustice. To say that he did excellently well, admirably well, would be inadequate and halting praise. Let us rather say, that he so discharged the duty assigned him, that all Americans may well rejoice that the work of drawing the title deed of their liberties devolved on his hands.

With all its merits, there are those who have thought that there was one thing in the declaration to be regretted; and that is, the asperity and apparent anger with which it speaks of the person of the king; the industrious abilitv with which it accumulates and charges upon him, all the injuries which the colonies had suffered from the mother country. Possibly some degree of injustice, now or hereafter, at home or abroad,- may be done to the character of Mr. Jefferson, if this part of the declaration be not placed in its proper lisffit. Anger or resentment, certainly, much less personal reproach and invective, could not properly find place, in a composition of such high dignity, and of such lofty and permanent character.

A single reflection on the original ground of dispute, between England and the colonies, is sufficient to remove any unfavorable impression, in this respect.

The inhabitants of all the colonies, while colonies, admitted themselves bound by their allegiance to the king; but they disclaimed, altogether, the authority of parliament; holding themselves, in this respect, to resemble the condition of Scotland and Ireland, before the respective unions of those kingdoms with England, when they acknowledged allegiance to the same king, but each had its separate legislature; The tie, therefore,, which our revolution was to break, did not subsist between us and the British parliament, or between us and the British government, in the aggregate; but directly between us and the king himself. The colonies had never admitted themselves subject to parliament. That was preciselv the point of the original controversy. They had uniformlv denied that parliament had authority to make laws for them. There was, therefore, no subjection to parliament to be thrown off. * But allegiance to the king did exist, and had been uniformly acknowledged; and down to 1775 the most solemn assurances had been given that it was not intended to break that allegiance, or to throw it off. Therefore, as the direct object, and only effect of the declaration, according to the principles on which the controversy had been maintained, on our part, was to sever the tie of allegiance which bound us to the king, it was properly and necessarily founded on acts of the crown itself, as its justifying causes. Parliament is not so much as mentioned, in the whole instrument. When odious and oppressive acts are referred to, it is done by charging the king with confederating, with others, "in pretended acts of legislation;" the object being, constantly, to hold the king himself directly responsible for those measures which were the grounds of separation. Even the precedent of the English revolution was not overlooked, and in this case, as well as in that, occasion was found to say that the king had abdicated the government. Consistency with the principles upon which resistance began, and with all the previous state papers issued by Congress, required that the declaration should be bottomed on the misgovernment of the king; and therefore it was properly framed with that aim and to "that end. The king was known, indeed, to have acted, as in other cases, by his ministers, and with his parliament; but as our ancestors had never admitted themselves subject either to ministers or to parliament, there were no reasons to be given for now refusing obedience to their authority. This clear and obvious necessity of founding the declaration on the misconduct of the king himself, gives to that instrument its personal application, and its character of direct and pointed accusation.

* This question, of the power of parliament over the colonies, was discussed with singul:ir ability, by Gov. Hutchinson on the one fide, and the house of representatives ol Ma*. Kiehuiw-lte on the other, in 1773. The argument of the House is in the form of an answer to the governm-V message, ami was reported hy Mr. Samuel Adams, Mr. Hancock. Mr. Hawley, Mr. Boners, Mr. Hohron, Mr. Foster, Mr. l'hillips, and Mr. Thayer. An the power of the parliament had been acknowledged, so far at least i>s to affect us by laws'of trade, it was not easy to sdtlc the line of distinction.' It was thought however to I* very clear, that the charters of the colonies had exempted theai from the general legislation of the British parliament. tVe Massachusetts .State Papers, p. 351.

The declaration having been reported to Congress, by the committee, the resolution itself was taken up and debated on the first day of July, and again on the second, on which last day it was agreed to and adopted, in these words,

Resolved, That These United Colonies Are, And Of Right Ought

TO BE, FREE AND INDEPENDENT STATES; THAT THEY ARE ABSOLVED FROM ALL ALLEGIANCE TO THE BRITISH CROWN, AND THAT ALL POLITICAL CONNEXION BETWEEN THEM, AND THE STATE OF GREAT BRITAIN IS, AND OUGHT TO BE, TOTALLY DISSOLVED.

Having thus passed the main resolution, Congress proceeded to consider the reported draught of the declaration. It was discussed on the second, and third, and Fourth days of the month, in committee of the whole; and on the last of those days, being reported from that committee, it received the final approbation and sanction of Congress. It was ordered, at the same time, that copies be sent to the several States, and that it be proclaimed, at the head of the army. The declaration thus published, did not bear the names of the members, for as yet it had not been signed by them. It was authenticated, like other papers of the Congress, by the signatures of the president and secretary. On the 10th of July, as appears by the secret journal, Congress "Resolved, that the declaration, passed on the fourth, be fairly engrossed on parchment, with the title and style of 'the Unanimous Declaration Of The Thirteen United States Of America;' and that the same, when engrossed, be signed by every member of Congress." And on the Second Dav Of August, following, "the declaration, being engrossed and compared

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