the Provincial Congress. He conformed himself to their movements, with exemplary self command, for a time, but when the conviction was forced upon him, that they would do nothing, it was hard for him, with the spirit of a soldier, to tread the line of demarkation, and not be tempted to overstep the prescribed bounds of his authority. This was particularly the case in seizing tories, a duty which was committed by the Continental Congress to the civil authority of each colony, and pertained in no manner to the continental military service. Of this fact General Lee became convinced, but not till he had exercised the power in some instances. And yet he was borne out by the advice, if not by the orders, of Washington, who, on the subject of disarming the tories, said, ‘you can seize upon the persons of the principals; they must be so notoriously known, that there will be little danger of your committing mistakes.' General Lee acted strictly within this advice. In fact, the resolutions of Congress on this head are somewhat ambiguous.* They recommend to the Colonial Assemblies to disarm and seize the more dangerous tories, and authorize them to call to their aid, in effecting this object, the continental troops stationed in or near any colony, where this service was to be done, but there is no clause requiring the continental officers to abstain from the same acts. The nature of the case, therefore, would lead a commander of continental troops to infer, that, when he knew a flagrant offender, it was his duty to apprehend him, without waiting for an order from the provincial authority. It was the intent of the resolutions, however, to give this power wholly to the respective colonies, and justly enough, since it was extended over all the citizens, any one of whom was subject to be taken up on suspicion, tried, and imprisoned. The most that a continental officer could with propriety do, in such a case, was to secure a suspected person, and deliver him over to the civil jurisdiction of the colony.

* See Journals of the Old Congress, for March 2d, 1776.

On the 6th of March, a committee of the New York Congress waited on General Lee, with a list of regulations for supplying the armed ships with provisions, which they wished him to examine and approve. They reported, that General Lee was pleased to give for answer, that he was to resign the command here to Lord Stirling to night, but that if he were to continue, he would not consent to supply them with any provisions, as they were at open war with us; that he hoped Lord Stirling would be of the same opinion; that his instructions from the Continental Congress were, to use every means in his power for the defence of the city.' This was the last public intercourse between General Lee and the Congress. The regulations were approved by Lord Stirling, and no change in regard to the ships occurred.

Lord Stirling continued in command at New York, till General Washington's arrival, at the head of the American army from Boston, which was about the first of April. Satisfied that more efficient measures were necessary, and resolved to carry them into effect, he wrote in strong terms to the Congress, and at last induced them to embrace his views, and follow his counsels.

CHAPTER VI.

PROCEEDINGS FOR ORGANIZING A NEW GOVERNMENT IN NEW YORK. -MR MORRIS'S VIEWS OF THE SUBJECT.-MR JAY'S RESOLUTIONS.MR MORRIS'S SPEECH IN FAVOR OF INDEPENDENCE. HIS MISSION TO THE CONTINENTAL CONGRESS.--DECLARATION OF INDEPENDYORK.-COMMITTEE APPOINTED TO DRAFT

ENCE ADOPTED IN NEW

A CONSTITUTION.

In the month of April a new election took place for another Congress, and a quorum was formed on the 8th of May.

The last Congress, as mentioned above, was elected only for six months; the present was for a year. The powers and instructions of the two were the same. It may be worthy of remark, that several of the delegates to the Continental Congress were likewise members of this Congress, as Jay, Philip Livingston, Duane, Alsop. It moreover appears, that the Provincial Assembly had paramount claims on their attendance, for when Mr Livingston returned to the Continental Congress, on the 26th of June, he asked a formal permission of the House, which was granted, on the ground that it was necessary to make up a sufficient number of New York delegates, to form the quorum of that colony in the Continental Congress. Hence his name was affixed to the Declaration of Independence, but not those of the others, who were detained in the Provincial Congress. Alsop likewise returned, but, as we shall see hereafter, he had other reasons for not signing the declaration.

Gouverneur Morris was a member of this new Congress, but whether of the last short one I am not certain, for I do not find his name on the journals during that space. If he was chosen, he probably did not attend, but he now comes forward, prepared to take a prominent lead in all the great measures for freedom and active defence.*

In addition to military preparations, and schemes for defeating the machinations and securing the persons of tories, which had thus far been the chief business of the Provincial Assemblies of New York, this Congress had in prospect two of the

* Shortly after the death of Montgomery, and the disastrous occurrences at Quebec, a number of gentlemen in New York formed a plan for raising a battalion of fifteen hundred men for nine months, and made the proposition to the Provincial Congress, exacting as a condition, that they should be allowed to appoint their own officers. The proposal was refused on these terms, the Congress insisting that all officers should be appointed by that body. To this, the gentlemen, who set the project on foot, would not agree, and it was abandoned. Gouverneur Morris was to have been a Lieutenant Colonel of these forces.

most important subjects that could come under the cognizance of any deliberative body,-the assuming of independence, and the formation of a new plan of government. The Continental Congress resolved, on the 15th of May, that it should be recommended to the assemblies and conventions of the colonies, in which no regular government had been established, to adopt such forms as should best suit their condition, and lead to the happiness of their constituents. This was virtually a recommendation to declare independence; for there can be no higher act of sovereignty or self control in a people, than to set up for themselves a new and separate scheme of government. When the subject came before the New York Congress, a week afterwards, it was evidently regarded in this light, and the debates took a turn corresponding with the same view.

Up to this period, very few persons in New York had thought seriously of independence. We have seen the Congress, a year ago, endeavoring to patch up a plan of reconciliation, and since that time extremely tender in taking any steps, which should implicate them in the charge of obstinate disloyalty to the King of Great Britain.* In this respect, nearly all the other colonies, nay doubtless every other one, were in advance of New York. It is not easy to trace the growth of the spirit of independence from its first germination, through its gradual progress, and to decide when and where it came earliest to maturity, and took the strongest hold on the public mind. When the war began, it is probable that circumstances, emanating from the oppressive measures of the British

*In regard to those, who at this time espoused the doctrine of reconciliation, the author of 'Common Sense' said, probably with equal justice and discrimination, that they consisted of the following description of persons, viz. 'Interested men, who are not to be trusted; weak men, who cannot see; prejudiced men, who will not see; and a certain set of moderate men, who think better of the European world than it deserves; and this last class, by an ill-judged deliberation, will be the cause of more calamities to this continent, than all the other three.'

government, had raised this spirit to a higher tone in Massachusetts, than any where else, but the electric chain of sympathy soon conducted it to all the members of the general body, which were assimilated by common interests, and exposed to common dangers, encroachment, and suffering.* Recently, however, much had been said and written on the subject. The popular voice was becoming audible in various quarters, and after the wide circulation and unparallelled success of the tract entitled Common Sense, in the winter and spring of 1776, the public mind rapidly converged to a point favorable alike to unanimity of sentiments and concerted action.

At this crisis the third New York Congress assembled, and, among their earliest proceedings, was the consideration of the resolution of the Continental Congress, recommending the organization of a new form of government. Gouverneur Morris put himself at the head of the debates on this question, and opened the business by a long argument in support of the measure, showing by a series of facts and reasonings, that it was necessary, and that the proper time had arrived. This argument embraced a wide compass, sketching a historical outline

* In like manner, it would be difficult to tell, who, among the eminent individuals of the time, were the first to defend openly a separation and absolute independence of the American colonies. Franklin claims the distinction of being among the earliest and most conspicuous. Mr Quincy, while with him in England, speaks of him in the following manner, as early as November, 1774, in writing to a friend. 'Dr Franklin is an American in heart and soul. His ideas are not contracted within the narrow limits of exemption from taxes, but are extended upon the broad scale of TOTAL EMANCIPATION. He is explicit and bold upon the subject.' Again, he‘explicitly and in so many words said, that New England only could hold out for ages against this country, and, if they were firm and united, in seven years would conquer them.' See Memoir of Josiah Quincy, Jr. pp. 250, 341.

This is the more remarkable, as Dr Franklin had then lived several years in England, and of course out of the sphere of sympathy and excitement, which, by reaction and attrition, had warmed the feelings and elevated the sentiments of his countrymen at home.