delegates in the general Congress. It is curious to observe the rapid change in the tone of public feeling on this head in New York within a few weeks. The example of the other colonies, and the threatening and determined attitude of the British fleet and army, may be considered the primary causes. The moderate men, whether such from timidity or caution, were now convinced, that the enemy was in earnest, and that they must either go with their country or against it. No neutral ground remained. In this extremity they could not hesitate, though they would willingly have lingered on the outskirts of uncertanty, while they could see any door of hope open before them. By the union of this class with the resolute and zealous friends of the cause, a sudden and preponderating influence was gained, not only over their own actions, but over the minds of the people. When the subjects of a new plan of government and independence were referred to the voters, they were not requested simply to give instructions on these points to the members of the Congress then existing, but to elect other members and leave out old ones, if they should see fit, so that in fact the delegates to this last Congress were actually chosen anew. The consequence was, that the election turned upon the pivot of government and independence, and the voice of the electors may be understood by the unanimous vote of the Congress, in adopting the Declaration. A fortnight before, it would doubtless have met with many cold friends, and a few decided foes.

The next step was to publish the Declaration, and the notice of its recognition, throughout the state. This was ordered to be done in the several counties by beat of drum, and by such other modes of publicity, as the county committees might devise. Five hundred copies were printed and circulated in handbills. The House resolved and ordered, on the same day, that its own title should be changed, from that of the 'Provincial Congress of the Colony of New York,' which it had hitherto borne, to that of the Convention of the Representatives of the State of New York.'

A few days subsequently, a letter was received by the Convention from John Alsop, one of the New York delegates in Congress.

'Yesterday our President read in Congress a resolve of your honorable body, dated the ninth instant, in which you declare New York a free and independent state. I cannot help saying, that I was much surprised to find it come through that channel. The usual method hitherto practised has been, for the Convention of each colony to give their delegates instructions to act and vote upon all and any important questions. And in the last letter we were favored with from your body, you told us that you were not competent, or authorized, to give us instructions on that grand question; nor have you been pleased to answer our letter of the second instant, any otherwise than by your said resolve, transmitted to the President. I think we were entitled to an answer.

'I am compelled therefore to declare, that it is against my judgment and inclination. As long as a door was left open for a reconciliation with Great Britain, upon honorable and just terms, I was willing and ready to render my country all the service in my power, and for which purpose I was appointed and sent to this Congress; but as you have, I presume, by that Declaration, closed the door of reconciliation, I must beg leave to resign my seat as a delegate from New York, and that I may be favored with an answer and my dismission. I have the honor to be, &c.

6 JOHN ALSOP.'

Upon reading this letter, it was 'resolved unanimously, that this Convention do cheerfully accept Mr Alsop's resignation,' and a committee was appointed to draft a letter to the delegates in Congress, enclosing a copy of this resolve. The draft was made by Gouverneur Morris, and signed by the President of the Convention.

This was the last proceeding of the New York Convention

in the affair of independence. Considering the obstacles, which had impeded the progress of liberal opinions and decided measures in that colony, the result was, on the whole, more prompt and fortunate, than could have been expected. It came early enough to prevent the evil consequences of counteracting motives, distracted councils, or divided action, and to combine the several parts of the Union into one solid phalanx of opposition, to meet the shafts and repel the attacks of an invading foe. It may be regarded as a lucky circumstance, that Mr Jay returned when he did to the Provincial Congress. His eminent talents, the perfect integrity of his character, his knowledge of business, and above all his patriotism and zeal, must have contributed at the same time to communicate a salutary impulse to the people, and inspire his associates with a confidence in the strength of their cause.

The scene of confusion, which now prevailed and continued through the season, from the invasion of the enemy, the battle of Long Island, the surrender of New York, the capture of Fort Washington, the rencounters between the armies at White Plains, and other military disasters, deranged the proceedings of the Convention, and prevented any deliberations, except upon subjects of the most pressing necessity. That body was obliged to assume a migratory character, sitting first at the White Plains, afterwards successively at Haerlem, Kingsbridge, Odell's house in Phillips's Manor, Croton River, and lastly at Fishkill, a position in the interior beyond the incursions of the enemy. Here, by a vote of the Convention, the members supplied themselves with arms and ammunition, to prevent a surprise, in case any hostile bands should intrude upon their retirement, thus prepared to reverse the first part of Pliny's maxim, cedant arma toga, whatever might be the fate of the other part, concedat laurea lingua. They were often reduced to a very small number, organizing themselves one day in a Committee of Safety, and the next in Convention, as the case might be. The further consideration of a new form of government was suspended, but on the first of August a com

mittee of thirteen was appointed, with instructions to draft and report a plan. John Jay, Gouverneur Morris, and Robert R. Livingston, were members of this committee. Another important committee was also instituted, about the same time, for devising means to establish a state fund. Mr Morris was chairman; and, indeed, he was usually made the leader in all financial concerns.

CHAPTER VII.

REGULATIONS RESPECTING TORIES.-DRAFT OF A CONSTITUTION REPORTED IN CONVENTION.COUNCIL OF AP

ΤΟ THE

CONVENTION-DEBATED

POINTMENT.-VIEWS

OF JAY, MORRIS, AND LIVINGSTON.-COUNCIL OF REVISION.-TOLERATION.-SLAVERY.-CONSTITUTION ADOPTED.

AMONG the most perplexing topics, which came from time to time under the notice of the New York Congress and Convention, was the case of the tories. So large a portion of the inhabitants, and many of them sustaining the first rank in society, were infected with principles deemed hostile to the interests of the country, that the manner in which they were to be dealt with, became a question of peculiar delicacy. When is was found, however, that these disaffected persons held correspondence with the enemy, refused to send delegates to the Congress, and were secretly arming themselves, prudence would not permit further delay, and resolves were passed authorizing the county committees to apprehend persons of this character, examine them, and decide on their guilt. The committees were likewise empowered to call on the militia, to aid in executing these resolves; but they were to sit in judgment under oath, and the witnesses were also to be sworn. The punishment was left to the discretion of the judges, provided it did not exceed three months' imprisonment at the expense of the offender. In some cases it was a banishment of seven years from the colony.

This system was pursued with vigilance, and some degree of success, till the British fleet arrived at New York, and the tories began to take new courage. A conspiracy was detected, in which there was reason to believe, that a plot was forming to seize General Washington, and betray him and his army into the hands of the enemy. This and other symptoms caused a new alarm, and the Provincial Congress resorted to another set of resolutions, and appointed a special committee, of their own numbers, with Gouverneur Morris at its head, to take this matter in charge. In these resolutions were inserted the names of certain persons, scattered throughout the colony, whom the committee were authorized to arrest and bring before them by a military force. Such persons as should be found guilty of affording aid or sustenance to the British fleets or armies, of decrying the continental currency, or of abetting any schemes to retard or oppose the measures taken by the colonies in their defence, were to be committed to safe custody. Under certain conditions, and according to the complexion of the offence, and character of the person, they were allowed to go at large on parole, after giving due security for their good conduct. Suspicious persons, whose influence was considered dangerous over the minds of the people in their neighborhood, were to be removed out of the colony. The power of military arrests. was extended to the committees of towns and smaller districts, but the persons arrested had a right to appeal to the county committees for trial. A standing force, of one hundred and fifty men, was for some time kept up in Dutchess and Westchester counties, expressly for the purpose of apprehending

tories.

The consequence of these regulations was, that the prisons soon became thronged. As no constitution of government had yet been formed, nor courts of justice established, the prisoners could not be tried by law, and these examinations by committees were only considered temporary, and the penalty rather a provision for security, than a punishment. Confiscations had not yet begun. To prevent the mischiefs of