oblivion, shall bury in forgetfulness every former dissention. Let the names of Whig and Tory be extinct; and let none other be heard among us, than those of a good citizen, an open and resolute friend, and a virtuous supporter of the rights of mankind and of the free and independant states of America.

[Thomas Paine], Appendix to Common Sense; appended to Common Sense: addressed to the Inhabitants of America. Written by an Englishman

(Philadelphia, 1776), 66–71 passim.

187. Difficulties in Framing a State Constitution

(1776)

BY CHAIRMAN MESHECH WEARE, SECRETARY E. THOMPSON, AND

OTHERS

New Hampshire was the first colony to draw up a constitution. This piece illustrates the foundation of the system of formal state constitutions. Bibliography: Winsor, Narrative and Critical History, VI, 268–274; Channing and Hart, Guide, § 143- Compare with earlier colonial governments, Part III above.

WE

In Congress, at Exeter, January 5, 1776.

7E, the Members of the Congress of the Colony of New-Hampshire, chosen and appointed by the free suffrages of the people of said Colony, and authorized and empowered by them to meet together, and use such means, and pursue such measures, as we should judge best for the publick good; and, in particular, to establish some form of Government, provided that measure should be recommended by the Continental Congress; and a recommendation to that purpose having been transmitted to us, from the said Congress, have taken into our serious consideration the unhappy circumstances into which this Colony is involved, by means of many grievous and oppressive acts of the British Parliament, depriving us of our native and constitutional rights and privileges; to enforce obedience to which acts, a powerful fleet and army have been sent into this country by the Ministry of Great Britain, who have exercised a wanton and cruel abuse of their power, in destroying the lives and properties of the Colonists, in many places with fire and sword, taking the ships and lading from many of the honest and industrious inhabitants of this Colony employed in commerce, agreeable to the laws and customs a long time used here.

The sudden and abrupt departure of his Excellency John Wentworth, Esq., our late Governour, and several of the Council, leaving us destitute of Legislation; and no Executive Courts being open to punish criminal offenders, whereby the lives and properties of the honest people of this Colony, are liable to the machinations and evil designs of wicked men : Therefore, for the preservation of peace and good order, and for the security of the lives and properties of the inhabitants of this Colony, we conceive ourselves reduced to the necessity of establishing a form of Government, to continue during the present unhappy and unnatural contest with Great Britain; protesting and declaring that we never sought to throw off our dependance upon Great Britain, but felt ourselves happy under her protection, while we could enjoy our constitutional rights and privileges, and that we shall rejoice if such a reconciliation between us and our parent state, can be effected as shall be approved by the Continental Congress, in whose prudence and wisdom we confide.

Accordingly, pursuant to the trust reposed in us, we do

Resolve, That this Congress assume the name, power, and authority of a House of Representatives or Assembly, for the Colony of NewHampshire. And that said House then proceed to choose twelve persons, being reputable freeholders and inhabitants within this Colony, in the following manner, viz: Five in the County of Rockingham; two in the County of Strafford; two in the County of Hillsborough; two in the County of Cheshire; and one in the County of Grafton, to be a distinct and separate branch of the Legislature, by the name of a Council for this Colony, to continue as such until the third Wednesday in December next; any seven of whom to be a quorum to do business.

That such Council appoint their President; and in his absence, that the senior Counsellor preside.

That a Secretary be appointed by both Branches, who may be a Counsellor, or otherwise, as they shall choose.

That no act or resolve be valid, and put into execution, unless agreed to and passed by both branches of the Legislature.

That all publick officers for the said Colony, and each County, for the current year, be appointed by the Council and Assembly, except the several Clerks of the Executive Courts, who shall be appointed by the Justices of the respective Courts.

That all Bills, Resolves, or Votes for raising, levying, and collecting Money, originate in the House of Representatives.

That at any sessions of the Council and Assembly, neither Branch shall adjourn for any longer time than from Saturday till the next Monday, without consent of the other.

And it is further Resolved, That if the present unhappy dispute with Great Britain should continue longer than this present year, and the Continental Congress give no instructions or directions to the contrary, the Council be chosen by the people of each respective County, in such manner as the Council and House of Representatives shall order.

That General and Field-Officers of the Militia, on any vacancy, be appointed by the two Houses, and all inferior Officers be chosen by the respective Companies.

That all Officers of the Army be appointed by the two Houses, except they should direct otherwise, in case of any emergency.

That all Civil Officers for the Colony, and for each County, be appointed, and the time of their continuance in office be determined by the two Houses, except Clerks of Courts, and County Treasurers, and Recorders of Deeds.

That a Treasurer, and a Recorder of Deeds, for each County, be annually chosen by the people of each County respectively; the votes for such officers to be returned to the respective Courts of General Sessions of the Peace in the County, there to be ascertained as the Council and Assembly shall hereafter direct.

That Precepts, in the name of the Council and Assembly, signed by the President of the Council, and the Speaker of the House of Representatives, shall issue, annually, at or before the first day of November, for the choice of a Council and House of Representatives, to be returned by the third Wednesday in December, then next ensuing, in such manner as the Council and Assembly shall hereafter prescribe.

A true copy.

Attest:

E. THOMPSON, Secretary.

We, the subscribers, chosen by the people of several Towns in the Colony of New-Hampshire, to represent them in the Congress of said Colony, held at Exeter, on the 21st day of December, 1775, beg leave to enter and dissent to, and protest against the present plan of taking up Government, for the following reasons:

First. That the vote of the Continental Congress countenancing the same, was obtained by the unwearied importunity (both within doors and without) of our Delegates there, as appears by their letter.

Second. That the said vote does not appear to have been unanimous ; but, we have reason to think, far otherway.

Third. Because the Colonies of New-York and Virginia, which are in similar circumstances with us, are much larger and more opulent, and we presume much wiser, to whom we would wish to pay all due deference, have not attempted any thing of the kind, nor, as we can learn, ever desired it.

Fourth. Because we have no ground on which to pretend to make a Council, as our neighbours of the Massachusetts, who act by charter, never vacated on any legal trial.

Fifth. Because it appears assuming for so small and inconsiderable a Colony to take the lead in a matter of so great importance.

Sixth. Because our constituents never expected us to make a new form of Government, but only to set the Judicial and Executive wheels in motion.

Seventh. Because the Congress, as such, could have done what was necessary, and their power could not be enlarged by any act of their

own.

Eighth. Because the expense of the Colony is greatly augmented thereby.

Ninth. Because it appears to us to be absolutely setting up an independency on the mother country.

[12 signatures.]

Peter Force, American Archives, Fourth Series (Washington, 1843), IV, 998–

1000.

188. Drafting of the Declaration of Independence

(1776)

BY DELEGATE THOMAS JEFFERSON

Jefferson, then thirty-three years of age, was a delegate from Virginia to the Continental Congress, later governor of Virginia, member of the Congress of the Confederation, ambassador to France, secretary of state, vice-president, and president. Bibliography of Jefferson: Winsor, Narrative and Critical History, VII, 303-307; H. B. Tompkins, Bibliotheca Jeffersoniana; Henry Adams, United States, I-III; Channing and Hart, Guide, § 167.— See above, No. 186.

IN

N 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. . . .

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