thc43
thc43f
Vol 43: The Classics
American
Historical Documents
1000-1904
With Introductions and Notes
Volume 43
P. F. Collier & Son Corporation
NEW YORK
Copyright, 1910
BY P. F. COLLIER & SON
MANUFACTURED IN U. S. A.
MAY 19 1963
CONTENTS
PAGE
THE VOYAGES TO VINLAND (c. 1000) 5
THE LETTER OF COLUMBUS TO Luis DE SANT ANGEL ANNOUNCING
His DISCOVERY (1493) 21
AMERIGO VESPUCCI'S ACCOUNT OF His FIRST VOYAGE (1497) 28
JOHN CABOT'S DISCOVERY OF NORTH AMERICA (1497) 45
FIRST CHARTER OF VIRGINIA (1606) 49
THE MAYFLOWER COMPACT (1620) 59
THE FUNDAMENTAL ORDERS OF CONNECTICUT (1639) 60
THE MASSACHUSETTS BODY OF LIBERTIES (1641) 66
ARBITRARY GOVERNMENT DESCRIBED AND THE GOVERNMENT OF THE
MASSACHUSETTS VINDICATED FROM THAT ASPERSION, BY JOHN
WINTHROP (1644) 85
THE INSTRUMENT OF GOVERNMENT (1653) 106
A HEALING QUESTION, BY SIR HENRY VANE (1656) 118
JOHN ELIOT'S BRIEF NARRATIVE (1670) 138
DECLARATION OF RIGHTS (1765) 147
THE DECLARATION OF INDEPENDENCE (1/76) 150
THE MECKLENBURG DECLARATION OF INDEPENDENCE (1775) . . . . 156
ARTICLES OF CONFEDERATION (1777) 158
ARTICLES OF CAPITULATION, YORKTOWN (1781) 169
TREATY WITH GREAT BRITAIN (1783) 174
CONSTITUTION OF THE UNITED STATES (1787) 180
THE FEDERALIST, Nos. i AND 2 (1787) 199
OPINION OF CHIEF JUSTICE MARSHALL, IN THE CASE OF MCCULLOCH
vs. THE STATE OF MARYLAND (1819) 208
WASHINGTON'S FIRST INAUGURAL ADDRESS (1789) 225
TREATY WITH THE Six NATIONS (1794) 229
WASHINGTON'S FAREWELL ADDRESS (1796) 233
TREATY WITH FRANCE (LOUISIANA PURCHASE) (1803) 250
TREATY WITH GREAT BRITAIN (ND OF WAR OF 1812) (1814) . . 255
i
2 CONTENTS
PAGE
ARRANGEMENT AS TO THE NAVAL FORCE TO BE RESPECTIVELY MAIN-
TAINED ON THE AMERICAN LAKES (1817) 265
TREATY WITH SPAIN (ACQUISITION OF FLORIDA) (1819) 268
THE MONROE DOCTRINE (1823) 277
WEBSTER-ASHBURTON TREATY WITH GREAT BRITAIN (1842) . . . 280
TREATY WITH MEXICO (1848) 289
FUGITIVE SLAVE ACT (1850) 306
LINCOLN'S FIRST INAUGURAL ADDRESS (1861) 313
EMANCIPATION PROCLAMATION (1863) 323
HASKELL'S ACCOUNT OF THE BATTLE OF GETTYSBURG 326
LINCOLN'S GETTYSBURG ADDRESS (1863) 415
PROCLAMATION OF AMNESTY (1863) 416
LINCOLN'S LETTER TO MRS. BIXBY (1864) 420
TERMS OF LEE'S SURRENDER AT APPOMATTOX (1865) 421
LEE'S FAREWELL TO HIS ARMY (1865) 423
LINCOLN'S SECOND INAUGURAL ADDRESS (1865) 424
PROCLAMATION DECLARING THE INSURRECTION AT AN END (1866) . . 426
TREATY WITH RUSSIA (ALASKA PURCHASE) (1867) 432
ANNEXATION OF THE HAWAIIAN ISLANDS (1898) 437
RECOGNITION OF THE INDEPENDENCE OF CUBA (1898) 440
TREATY WITH SPAIN (CESSION OF PORTO Rico AND THE PHILIPPINES)
(1898) 442
CONVENTION BETWEEN THE UNITED STATES AND THE REPUBLIC OF
PANAMA (1904) 450
INTRODUCTORY NOTE
No final history of the United States of America has been written,
or is likely to be written. Research is constantly bringing to light new
facts that correct details or modify the traditional view of larger ques-
tions; and the most impartial historian is subject to personal or sec-
tional bias which leads to his works being regarded as imperfect by
another generation, or as unfair by the people of parts of the country
other than his own. In such a series as the present, then, it is unwise to
represent the story of the growth of this nation by the summary of any
one scholar.
The alternative has been to place before the reader a selection of the
most important documents which record in contemporary terms the
great events in the history of the country. Beginning with the personal
records of the earliest discoverers of the continent, the selection goes on
to present the first attempts at organizing a machinery of government
made by the first settlers of the New England colonies; proceeds to the
landmarks of the struggle for independence and the formation of the
Constitution; shows the laying of the foundation of national policies and
of the interpretation of the Constitution; indicates by the texts of the
treaties themselves the acquisition of each successive increase of terri-
tory; and reveals by the original state papers the main causes and effects
of the wars in which the country has from time to time been engaged.
Read in succession, these documents afford a condensed view of the
political progress of the American people; freed from any prejudice save
that which swayed the makers of the history themselves.
AMERICAN
HISTORICAL DOCUMENTS
THE VOYAGES TO VINLAND
(c. 1000)
[The following account of the discovery of North America by Leif Ericsson is con-
tained in the "Saga of Eric the Red"', and the present translation is that made by
A. M. Reeves from the version of the Saga in the Flateyar-b6J{, compiled by Jon
Thordharson about 1387. The part of the coast where Leif landed is much in dis-
pute, the most recent investigations tending to the southern part of the coast of
Labrador, though many scholars believe Vinland to have been on the New England
shore.]
LEIF THE LUCKY BAPTIZED
A FTER that sixteen winters had lapsed, from the time when
/-\ Eric the Red went to colonize Greenland, Leif, Eric's son,
X JL sailed out from Greenland to Norway. He arrived in Dron-
theim in the autumn, when King Olaf Tryggvason was come down
from the North, out of Halagoland. Leif put into Nidaros with his
ship, and set out at once to visit the king. King Olaf expounded the
faith to him, as he did to other heathen men who came to visit him.
It proved easy for the king to persuade Leif, and he was accordingly
baptized, together with all of his shipmates. Leif remained through-
out the winter with the king, by whom he was well entertained.
BIARNI GOES IN QUEST OF GREENLAND
HERIULF was a son of Bard Heriulfsson. He was a kinsman of
Ingolf, the first colonist. Ingolf allotted land to Heriulf between Vag
and Reykianess, and he dwelt at first at Drepstokk. Heriulf's wife's
name was Thorgerd, and their son, whose name was Biarni, was a
most promising man. He formed an inclination for voyaging while
he was still young, and he prospered both in property and public
esteem. It was his custom to pass his winters alternately abroad and
with his father. Biarni soon became the owner of a trading-ship;
5
6 AMERICAN HISTORICAL DOCUMENTS
and during the last winter that he spent in Norway [his father]
Heriulf determined to accompany Eric on his voyage to Greenland,
and made his preparations to give up his farm. Upon the ship with
Heriulf was a Christian man from the Hebrides, he it was who com-
posed the Sea-Roller's Song, which contains this stave:
"Mine adventure to the Meek One,
Monk-heart-searcher, I commit now;
He, who heaven's halls doth govern,
Hold the hawk's-seat ever o'er me!"
Heriulf settled at Heriulfsness, and was a most distinguished man.
Eric the Red dwelt at Brattahlid, where he was held in the highest
esteem, and all men paid him homage. These were Eric's children:
Leif, Thorvald, and Thorstein, and a daughter whose name was
Freydis; she was wedded to a man named Thorvard, and they dwelt
at Gardar, where the episcopal seat now is. She was a very haughty
woman, while Thorvard was a man of little force of character, and
Freydis had been wedded to him chiefly because of his wealth. At
that time the people of Greenland were heathen.
Biarni arrived with his ship at Eyrar [in Iceland] in the summer
of the same year, in the spring of which his father had sailed away.
Biarni was much surprised when he heard this news, and would
not discharge his cargo. His shipmates inquired of him what he
intended to do, and he replied that it was his purpose to keep to his
custom, and make his home for the winter with his father; "and I
will take the ship to Greenland, if you will bear me company." They
all replied that they would abide by his decision. Then said Biarni,
"Our voyage must be regarded as foolhardy, seeing that no one of
us has ever been in the Greenland Sea." Nevertheless, they put out
to sea when they were equipped for the voyage, and sailed for three
days, until the land was hidden by the water, and then the fair wind
died out, and north winds arose, and fogs, and they knew not whither
they were drifting, and thus it lasted for many "dcegr." Then they
saw the sun again, and were able to determine the quarters of the
heavens; they hoisted sail, and sailed that "doegr" through before
they saw land. They discussed among themselves what land it could
be, and Biarni said that he did not believe that it could be Greenland.
AMERICAN HISTORICAL DOCUMENTS 7
They asked whether he wished to sail to this land or not. "It is my
counsel" [said he] "to sail close to the land." They did so, and soon
saw that the land was level, and covered with woods, and that there
were small hillocks upon it. They left the land on their larboard, and
let the sheet turn toward the land. They sailed for two "doegr" before
they saw another land. They asked whether Biarni thought this was
Greenland yet. He replied that he did not think this any more like
Greenland than the former, "because in Greenland there are said to
be many great ice mountains." They soon approached this land, and
saw that it was a flat and wooded country. The fair wind failed them
then, and the crew took counsel together, and concluded that it
would be wise to land there, but Biarni would not consent to this.
They alleged that they were in need of both wood and water. "Ye
have no lack of either of these," says Biarni, a course, forsooth,
which won him blame among his shipmates. He bade them hoist
sail, which they did, and turning the prow from the land they sailed
out upon the high seas, with south-westerly gales, for three "doegr,"
when they saw the third land; this land was high and mountainous,
with ice mountains upon it. They asked Biarni then whether he
would land there, and he replied that he was not disposed to do so,
"because this land does not appear to me to offer any attractions."
Nor did they lower their sail, but held their course off the land, and
saw that it was an island. They left this land astern, and held out to
sea with the same fair wind. The wind waxed amain, and Biarni
directed them to reef, and not to sail at a speed unbefitting their ship
and rigging. They sailed now for four "dcegr," when they saw the
fourth land. Again they asked Biarni whether he thought this could
be Greenland or not. Biarni answers, "This is likest Greenland,
according to that which has been reported to me concerning it, and
here we will steer to the land." They directed their course thither,
and landed in the evening, below a cape upon which there was a
boat, and there, upon this cape, dwelt Heriulf, Biarni's father, whence
the cape took its name, and was afterward called Heriulfsness.
Biarni now went to his father, gave up his voyaging, and remained
with his father while Heriulf lived, and continued to live there after
his father.
8 AMERICAN HISTORICAL DOCUMENTS
HERE BEGINS THE BRIEF HISTORY OF THE GREENLANDERS
NEXT to this is now to be told how Biarni Heriulfsson came out
from Greenland on a visit to Earl Eric, by whom he was well re-
ceived. Biarni gave an account of his travels [upon the occasion]
when he saw the lands, and the people thought that he had been
lacking in enterprise, since he had no report to give concerning these
countries; and the fact brought him reproach. Biarni was appointed
one of the Earl's men, and went out to Greenland the following
summer. There was now much talk about voyages of discovery.
Leif, the son of Eric the Red, of Brattahlid, visited Biarni Heriulfsson
and bought a ship of him, and collected a crew, until they formed
altogether a company of thirty-five men. Leif invited his father,
Eric, to become the leader of the expedition, but Eric declined, saying
that he was then stricken in years, and adding that he was less
able to endure the exposure of sea life than he had been. Leif replied
that he would nevertheless be the one who would be most apt to bring
good luck, and Eric yielded to Leif's solicitation, and rode from home
when they were ready to sail. When he was but a short distance from
the ship, the horse which Eric was riding stumbled, and he was
thrown from his back and wounded his foot, whereupon he ex-
claimed, "It is not designed for me to discover more lands than the
one in which we are now living, nor can we now continue longer
together." Eric returned home to Brattahlid, and Leif pursued his
way to the ship with his companions, thirty-five men. One of the
company was a German, named Tyrker. They put the ship in order;
and, when they were ready, they sailed out to sea, and found first
that land which Biarni and his shipmates found last. They sailed
up to the land, and cast anchor, and launched a boat, and went
ashore, and saw no grass there. Great ice mountains lay inland back
from the sea, and it was as a [tableland of] flat rock all the way
from the sea to the ice mountains; and the country seemed to them
to be entirely devoid of good qualities. Then said Leif, "It has not
come to pass with us in regard to this land as with Biarni, that we
have not gone upon it. To this country I will now give a name, and
call it Helluland." They returned to the ship, put out to sea, and
found a second land. They sailed again to the land, and came to
AMERICAN HISTORICAL DOCUMENTS 9
anchor, and launched the boat, and went ashore. This was a level
wooded land; and there were broad stretches of white sand where
they went, and the land was level by the sea. Then said Leif, "This
land shall have a name after its nature; and we will call it Markland."
They returned to the ship forthwith, and sailed away upon the main
with north-east winds, and were out two "dcegr" before they sighted
land. They sailed toward this land, and came to an island which
lay to the northward off the land. There they went ashore and
looked about them, the weather being fine, and they observed that
there was dew upon the grass, and it so happened that they touched
the dew with their hands, and touched their hands to their mouths,
and it seemed to them that they had never before tasted anything
so sweet as this. They went aboard their ship again and sailed into
a certain sound, which lay between the island and a cape, which
jutted out from the land on the north, and they stood in westering
past the cape. At ebb-tide, there were broad reaches of shallow water
there, and they ran their ship aground there, and it was a long dis-
tance from the ship to the ocean; yet were they so anxious to go
ashore that they could not wait until the tide should rise under their
ship, but hastened to the land, where a certain river flows out from
a lake. As soon as the tide rose beneath their ship, however, they
took the boat and rowed to the ship, which they conveyed up the
river, and so into the lake, where they cast anchor and carried their
hammocks ashore from the ship, and built themselves booths there.
They afterward determined to establish themselves there for the
winter, and they accordingly built a large house. There was no lack
of salmon there either in the river or in the lake, and larger salmon
than they had ever seen before. The country thereabouts seemed
to be possessed of such good qualities that cattle would need no fod-
der there during the winters. There was no frost there in the winters,
and the grass withered but little. The days and nights there were
of more nearly equal length than in Greenland or Iceland. On the
shortest day of winter, the sun was up between "eykarstad" and
"dagmalastad." When they had completed their house, Leif said to
his companions, "I propose now to divide our company into two
groups, and to set about an exploration of the country. One-half of
our party shall remain at home at the house, while the other half
IO AMERICAN HISTORICAL DOCUMENTS
shall investigate the land; and they must not go beyond a point from
which they can return home the same evening, and are not to sep-
arate [from each other]. Thus they did for a time. Leif, himself,
by turns joined the exploring party, or remained behind at the house.
Leif was a large and powerful man, and of a most imposing bearing,
a man of sagacity, and a very just man in all things.
LEIF THE LUCKY FINDS MEN UPON A SKERRY AT SEA
IT was discovered one evening that one of their company was
missing; and this proved to be Tyrker, the German. Leif was sorely
troubled by this, for Tyrker had lived with Leif and his father for
a long time, and had been very devoted to Leif when he was a child.
Leif severely reprimanded his companions, and prepared to go in
search of him, taking twelve men with him. They had proceeded
but a short distance from the house, when they were met by Tyrker,
whom they received most cordially. Leif observed at once that his
foster-father was in lively spirits. Tyrker had a prominent forehead,
restless eyes, small features, was diminutive in stature, and rather a
sorry-looking individual withal, but was, nevertheless, a most capable
handicraftsman. Leif addressed him, and asked, "Wherefore art thou
so belated, foster-father mine, and astray from the others?" In the
beginning Tyrker spoke for some time in German, rolling his eyes
and grinning, and they could not understand him; but after a time
he addressed them in the Northern tongue: "I did not go much
further [than you], and yet I have something of novelty to relate. I
have found vines and grapes." "Is this indeed true, foster-father?"
said Leif. "Of a certainty it is true," quoth he, "for I was born where
there is no lack of either grapes or vines." They slept the night
through, and on the morrow Leif said to his shipmates, "We will
now divide our labors, and each day will either gather grapes or cut
vines and fell trees, so as to obtain a cargo of these for my ship."
They acted upon this advice, and it is said that their after-boat was
filled with grapes. A cargo sufficient for the ship was cut, and when
the spring came they made their ship ready, and sailed away; and
from its products Leif gave the land a name, and called it Wineland.
They sailed out to sea, and had fair winds until they sighted Green-
land and the fells below the glaciers. Then one of the men spoke up
AMERICAN HISTORICAL DOCUMENTS II
and said, "Why do you steer the ship so much into the wind?" Leif
answers: "I have my mind upon my steering, but on other matters
as well. Do ye not see anything out of the common?" They replied
that they saw nothing strange. "I do not know," says Leif, "whether
it is a ship or a skerry that I see." Now they saw it, and said that it
must be a skerry; but he was so much keener of sight than they that
he was able to discern men upon the skerry. "I think it best to tack,"
says Leif, "so that we may draw near to them, that we may be able
to render them assistance if they should stand in need of it; and,
if they should not be peaceably disposed, we shall still have better
command of the situation than they." They approached the skerry,
and, lowering their sail, cast anchor, and launched a second small
boat, which they had brought with them. Tyrker inquired who was
the leader of the party. He replied that his name was Thori, and
that he was a Norseman; "but what is thy name?" Leif gave his
name. "Art thou a son of Eric the Red of Brattahlid?" says he. Leif
responded that he was. "It is now my wish," says Leif, "to take you
all into my ship, and likewise so much of your possessions as the
ship will hold." This offer was accepted, and [with their ship] thus
laden they held away to Ericsfirth, and sailed until they arrived at
Brattahlid. Having discharged the cargo, Leif invited Thori, with
his wife, Gudrid, and three others, to make their home with him,
and procured quarters for the other members of the crew, both for
his own and Thori's men. Leif rescued fifteen persons from the
skerry. He was afterwards called Leif the Lucky. Leif had now
goodly store both of property and honor. There was serious illness
that winter in Thori's party, and Thori and a great number of his
people died. Eric the Red also died that winter. There was now
much talk about Leif's Wineland journey; and his brother, Thor-
vald, held that the country had not been sufficiently explored. There-
upon Leif said to Thorvald, "If it be thy will, brother, thou mayest
go to Wineland with my ship; but I wish the ship first to fetch the
wood which Thori had upon the skerry." And so it was done.
THORVALD GOES TO WINELAND
Now Thorvald, with the advice of his brother, Leif, prepared to
make this voyage with thirty men. They put their ship in order,
12 AMERICAN HISTORICAL DOCUMENTS
and sailed out to sea; and there is no account of their voyage before
their arrival at Leifs-booths in Wineland. They laid up their ship
there, and remained there quietly during the winter, supplying them-
selves with food by fishing. In the spring, however, Thorvald said
that they should put their ship in order, and that a few men should
take the after-boat, and proceed along the western coast, and explore
[the region] thereabouts during the summer. They found it a fair,
well-wooded country. It was but a short distance from the woods to
the sea, and [there were] white sands, as well as great numbers of
islands and shallows. They found neither dwelling of man nor
lair of beast; but in one of the westerly islands they found a wooden
building for the shelter of grain. They found no other trace of
human handiwork; and they turned back, and arrived at Leifs-booths
in the autumn. The following summer Thorvald set out toward
the east with the ship, and along the northern coast. They were met
by a high wind off a certain promontory, and were driven ashore
there, and damaged the keel of their ship, and were compelled to
remain there for a long time and repair the injury to their vessel.
Then said Thorvald to his companions, "I propose that we raise the
keel upon this cape, and call it Keelness"; and so they did. Then they
sailed away to the eastward off the land and into the mouth of the
adjoining firth and to a headland, which projected into the sea there,
and which was entirely covered with woods. They found an anchor-
age for their ship, and put out the gangway to the land; and Thor-
vald and all of his companions went ashore. "It is a fair region here,"
said he; "and here I should like to make my home." They then
returned to the ship, and discovered on the sands, in beyond the
headland, three mounds: they went up to these, and saw that they
were three skin canoes with three men under each. They thereupon
divided their party, and succeeded in seizing all of the men but one,
who escaped with his canoe. They killed the eight men, and then
ascended the headland again, and looked about them, and discovered
within the firth certain hillocks, which they concluded must be
habitations. They were then so overpowered with sleep that they
could not keep awake, and all fell into a [heavy] slumber from
which they were awakened by the sound of a cry uttered above them;
and the words of the cry were these: "Awake, Thorvald, thou and
AMERICAN HISTORICAL DOCUMENTS 13
all thy company, if thou wouldst save thy life; and board thy ship
with all thy men, and sail with all speed from the land!" A countless
number of skin canoes then advanced toward them from the inner
part of the firth, whereupon Thorvald exclaimed, "We must put out
the war-boards on both sides of the ship, and defend ourselves to the
best of our ability, but offer little attack." This they did; and the
Skrellings, after they had shot at them for a time, fled precipitately,
each as best he could. Thorvald then inquired of his men whether
any of them had been wounded, and they informed him that no one
of them had received a wound. "I have been wounded in my arm-
pit," says he. "An arrow flew in between the gunwale and the shield,
below my arm. Here is the shaft, and it will bring me to my end.
I counsel you now to retrace your way with the utmost speed. But
me ye shall convey to that headland which seemed to me to offer
so pleasant a dwelling-place: thus it may be fulfilled that the truth
sprang to my lips when I expressed the wish to abide there for a time.
Ye shall bury me there, and place a cross at my head, and another at
my feet, and call it Crossness forever after." At that time Chris-
tianity had obtained in Greenland: Eric the Red died, however,
before [the introduction of] Christianity.
Thorvald died; and, when they had carried out his injunctions,
they took their departure, and rejoined their companions, and they
told each other of the experiences which had befallen them. They
remained there during the winter, and gathered grapes and wood
with which to freight the ship. In the following spring they re-
turned to Greenland, and arrived with their ship in Ericsfirth, where
they were able to recount great tidings to Leif.
THORSTEIN ERICSSON DIES IN THE WESTERN SETTLEMENT
IN the mean time it had come to pass in Greenland that Thorstein
of Ericsfirth had married, and taken to wife Gudrid, Thorbrion's
daughter, [she] who had been the spouse of Thori Eastman, as has
been already related. Now Thorstein Ericsson, being minded to
make the voyage to Wineland after the body of his brother, Thor-
vald, equipped the same ship, and selected a crew of twenty-five
men of good size and strength, and taking with him his wife, Gudrid,
when all was in readiness, they sailed out into the open ocean, and
14 AMERICAN HISTORICAL DOCUMENTS
out of sight of land. They were driven hither and thither over the
sea all that summer, and lost all reckoning; and at the end of the
first week of winter they made the land at Lysufirth in Greenland,
in the Western settlement. Thorstein set out in search of quarters
for his crew, and succeeded in procuring homes for all of his ship-
mates; but he and his wife were unprovided for, and remained to-
gether upon the ship for two or more days. At this time Christianity
was still in its infancy in Greenland. [Here follows the account of
Thorstein's sickness and death in the winter.] . . . When he had
thus spoken, Thorstein sank back again; and his body was laid out
for burial, and borne to the ship. Thorstein, the master, faithfully
performed all his promises to Gudrid. He sold his lands and live
stock in the spring, and accompanied Gudrid to the ship, with all
his possessions. He put the ship in order, procured a crew, and then
sailed for Ericsfirth. The bodies of the dead were now buried at
the church; and Gudrid then went home to Leif at Brattahlid, while
Thorstein the Swarthy made a home for himself on Ericsfirth, and
remained there as long as he lived, and was looked upon as a very
superior man.
OF THE WlNELAND VOYAGES OF THORFINN AND HlS COMPANIONS
THAT same summer a ship came from Norway to Greenland. The
skipper's name was Thorfinn Karlsefni. He was a son of Thord
Horsehead, and a grandson of Snorri, the son of Thord of Hofdi.
Thorfinn Karlsefni, who was a very wealthy man, passed the winter
at Brattahlid with Leif Ericsson. He very soon set his heart upon
Gudrid, and sought her hand in marriage. She referred him to Leif
for her answer, and was subsequently betrothed to him; and their
marriage was celebrated that same winter. A renewed discussion
arose concerning a Wineland voyage; and the folk urged Karlsefni
to make the venture, Gudrid joining with the others. He determined
to undertake the voyage, and assembled a company of sixty men
and five women, and entered into an agreement with his shipmates
that they should each share equally in all the spoils of the enterprise.
They took with them all kinds of cattle, as it was their intention to
settle the country, if they could. Karlsefni asked Leif for the house
in Wineland; and he replied that he would lend it, but not give it.
AMERICAN HISTORICAL DOCUMENTS 1 5
They sailed out to sea with the ship, and arrived safe and sound at
Leifs-booths, and carried their hammocks ashore there. They were
soon provided with an abundant and goodly supply of food; for a
whale of good size and quality was driven ashore there, and they
secured it, and flensed it, and had then no lack of provisions. The
cattle were turned out upon the land, and the males soon became very
restless and vicious: they had brought a bull with them. Karlsefni
caused trees to be felled and to be hewed into timbers wherewith
to load his ship, and the wood was placed upon a cliff to dry. They
gathered somewhat of all of the valuable products of the land,
grapes, and all kinds of game and fish, and other good things. In
the summer succeeding the first winter Skrellings were discovered.
A great troop of men came forth from out the woods. The cattle
were hard by, and the bull began to bellow and roar with a great
noise, whereat the Skrellings were frightened, and ran away with
their packs, wherein were gray furs, sables, and all kinds of peltries.
They fled towards Karlsefni's dwelling, and sought to effect an en-
trance into the house; but Karlsefni caused the doors to be defended
[against them]. Neither [people] could understand the other's lan-
guage. The Skrellings put down their bundles then, and loosed
them, and offered their wares [for barter], and were especially
anxious to exchange these for weapons; but Karlsefni forbade his
men to sell their weapons, and, taking counsel with himself, he bade
the women carry out milk to the Skrellings, which they no sooner
saw than they wanted to buy it, and nothing else. Now the outcome
of the Skrellings' trading was that they carried their wares away in
their stomachs, while they left their packs and peltries behind with
Karlsefni and his companions, and, having accomplished this [ex-
change], they went away. Now it is >to be told that Karlsefni caused
a strong wooden palisade to be constructed and set up around the
house. It was at this time that Gudrid, Karlsefni's wife, gave birth
to a male child, and the boy was called Snorri. In the early part of
the second winter the Skrellings came to them again, and these were
now much more numerous than before, and brought with them the
same wares as at first. Then said Karlsefni to the women, "Do ye
carry out now the same food which proved so profitable before, and
nought else." When they saw this, they cast their packs in over the
1 6 AMERICAN HISTORICAL DOCUMENTS
palisade. Gudrid was sitting within, in the doorway, beside the
cradle of her infant son, Snorri, when a shadow fell upon the door,
and a woman in a black namkirtle entered. She was short in stature,
and wore a fillet about her head; her hair was of a light chestnut
color, and she was pale of hue, and so big-eyed that never before
had eyes so large been seen in a human skull. She went up to where
Gudrid was seated, and said, "What is thy name?" "My name is
Gudrid, but what is thy name?" "My name is Gudrid," says she.
The housewife Gudrid motioned her with her hand to a seat beside
her; but it so happened that at that very instant Gudrid heard a
great crash, whereupon the woman vanished, and at that same
moment one of the Skrellings, who had tried to seize their weapons,
was killed by one of Karlsefni's followers. At this the Skrellings fled
precipitately, leaving their garments and wares behind them; and
not a soul, save Gudrid alone, beheld this woman. "Now we must
needs take counsel together," says Karlsefni; "for that I believe they
will visit us a third time in great numbers, and attack us. Let us
now adopt this plan. Ten of our number shall go out upon the
cape, and show themselves there; while the remainder of our com-
pany shall go into the woods and hew a clearing for our cattle, when
the troop approaches from the forest. We will also take our bull, and
let him go in advance of us." The lie of the land was such that the
proposed meeting-place had the lake upon the one side and the
forest upon the other. Karlsefni's advice was now carried into execu-
tion. The Skrellings advanced to the spot which Karlsefni had
selected for the encounter; and a battle was fought there, in which
great numbers of the band of the Skrellings were slain. There was
one man among the Skrellings, of large size and fine bearing, whom
Karlsefni concluded must be their chief. One of the Skrellings
picked up an axe; and, having looked at it for a time, he brandished
it about one of his companions, and hewed at him, and on the instant
the man fell dead. Thereupon the big man seized the axe; and, after
examining it for a moment, he hurled it as far as he could out into
the sea. Then they fled helter skelter into the woods, and thus their
intercourse came to an end. Karlsefni and his party remained there
throughout the winter; but in the spring Karlsefni announces that
he is not minded to remain there longer, but will return to Green-
AMERICAN HISTORICAL DOCUMENTS 17
land. They now made ready for the voyage, and carried away with
them much booty in vines and grapes and peltries. They sailed out
upon the high seas, and brought their ship safely to Ericsfirth, where
they remained during the winter.
FREYDIS CAUSES THE BROTHERS TO BE PUT TO DEATH
THERE was now much talk about a Wineland voyage, for this was
reckoned both a profitable and an honorable enterprise. The same
summer that Karlsefni arrived from Wineland a ship from Norway
arrived in Greenland. This ship was commanded by two brothers,
Helgi and Finnbogi, who passed the winter in Greenland. They
were descended from an Icelandic family of the East-firths. It is now
to be added that Freydis, Eric's daughter, set out from her home at
Gardar, and waited upon the brothers, Helgi and Finnbogi, and in-
vited them to sail with their vessel to Wineland, and to share with
her equally all of the good things which they might succeed in
obtaining there. To this they agreed, and she departed thence to visit
her brother, Leif, and ask him to give her the house which he had
caused to be erected in Wineland; but he made her the same answer
[as that which he had given Karlsefni], saying that he would lend
the house, but not give it. It was stipulated between Karlsefni and
Freydis that each should have on ship-board thirty able-bodied men,
besides the women; but Freydis immediately violated this compact
by concealing five men more [than this number], and this the
brothers did not discover before they arrived in Wineland. They
now put out to sea, having agreed beforehand that they would sail
in company, if possible, and, although they were not far apart from
each other, the brothers arrived somewhat in advance, and carried
their belongings up to Leif's house. Now, when Freydis arrived, her
ship was discharged and the baggage carried up to the house, where-
upon Freydis exclaimed, "Why did you carry your baggage in here?"
"Since we believed," said they, "that all promises made to us would
be kept." "It was to me that Leif loaned the house," says she, "and
not to you." Whereupon Helgi exclaimed, "We brothers cannot
hope to rival thee in wrong dealing." They thereupon carried their
baggage forth, and built a hut, above the sea, on the bank of the
lake, and put all in order about it; while Freydis caused wood to be
1 8 AMERICAN HISTORICAL DOCUMENTS
felled, with which to load her ship. The winter now set in, and the
brothers suggested that they should amuse themselves by playing
games. This they did for a time, until the folk began to disagree,
when dissensions arose between them, and the games came to an
end, and the visits between the houses ceased; and thus it continued
far into the winter. One morning early Freydis arose from her bed
and dressed herself, but did not put on her shoes and stockings. A
heavy dew had fallen, and she took her husband's cloak, and wrapped
it about her, and then walked to the brothers' house, and up to the
door, which had been only partly closed by one of the men, who had
gone out a short time before. She pushed the door open, and stood
silently in the doorway for a time. Finnbogi, who was lying on the
innermost side of the room, was awake, and said, "What dost thou
wish here, Freydis?" She answers, "I wish thee to rise and go out
with me, for I would speak with thee." He did so; and they walked
to a tree, which lay close by the wall of the house, and seated them-
selves upon it. "How art thou pleased here?" says she. He answers,
"I am well pleased with the fruitfulness of the land; but I am ill-
content with the breach which has come between us, for, methinks,
there has been no cause for it." "It is even as thou sayest," says she,
"and so it seems to me; but my errand to thee is that I wish to
exchange ships with you brothers, for that ye have a larger ship than
I, and I wish to depart from here." "To this I must accede," says he,
"if it is thy pleasure." Therewith they parted; and she returned home
and Finnbogi to his bed. She climbed up into bed, and awakened
Thorvard with her cold feet; and he asked her why she was so cold
and wet. She answered with great passion: "I have been to the
brothers," says she, "to try to buy their ship, for I wished to have a
larger vessel; but they received my overtures so ill that they struck
me and handled me very roughly; what time thou, poor wretch, wilt
neither avenge my shame nor thy own; and I find, perforce, that I
am no longer in Greenland. Moreover I shall part from thee unless
thou wreakest vengeance for this." And now he could stand her
taunts no longer, and ordered the men to rise at once and take their
weapons; and this they yield. And they then proceeded directly to
the house of the brothers, and entered it while the folk were asleep,
and seized and bound them, and led each one out when he was
AMERICAN HISTORICAL DOCUMENTS 19
bound; and, as they came out, Freydis caused each one to be slain.
In this wise all of the men were put to death, and only the women
were left; and these no one would kill. At this Freydis exclaimed,
"Hand me an axe." This was done; and she fell upon the five
women, and left them dead. They returned home after this dreadful
deed; and it was very evident that Freydis was well content with her
work. She addressed her companions, saying, "If it be ordained for
us to come again to Greenland, I shall contrive the death of any man
who shall speak of these events. We must give it out that we left
them living here when we came away." Early in the spring they
equipped the ship which had belonged to the brothers, and freighted
it with all of the products of the land which they could obtain, and
which the ship would carry. Then they put out to sea, and after
a prosperous voyage arrived with their ship in Ericsfirth early in the
summer. Karlsefni was there, with his ship all ready to sail, and
was awaiting a fair wind; and people say that a ship richer laden
than that which he commanded never left Greenland.
CONCERNING FREYDIS
FREYDIS now went to her home, since it had remained unharmed
during her absence. She bestowed liberal gifts upon all of her com-
panions, for she was anxious to screen her guilt. She now established
herself at her home; but her companions were not all so close-
mouthed concerning their misdeeds and wickedness that rumors did
not get abroad at last. These finally reached her brother, Leif, and
he thought it a most shameful story. He thereupon took three of
the men, who had been of Freydis' party, and forced them all at the
same time to a confession of the affair, and their stories entirely
agreed. "I have no heart," says Leif, "to punish my sister, Freydis,
as she deserves, but this I predict of them, that there is little prosperity
in store for their offspring." Hence it came to pass that no one from
that time forward thought them worthy of aught but evil. It now
remains to take up the story from the time when Karlsefni made his
ship ready, and sailed out to sea. He had a successful voyage, and
arrived in Norway safe and sound. He remained there during the
winter, and sold his wares; and both he and his wife were received
with great favor by the most distinguished men of Norway. The
2O AMERICAN HISTORICAL DOCUMENTS
following spring he put his ship in order for the voyage to Iceland;
and when all his preparations had been made, and his ship was lying
at the wharf, awaiting favorable winds, there came to him a South-
erner, a native of Bremen in the Saxonland, who wished to buy his
"house-neat." "I do not wish to sell it," says he. "I will give thee half
a 'mork' in gold for it," says the Southerner. This Karlsefni thought
a good offer, and accordingly closed the bargain. The Southerner
went his way with the "house-neat," and Karlsefni knew not what
wood it was, but it was "mosur," come from Wineland.
Karlsefni sailed away, and arrived with his ship in the north of
Iceland, in Skagafirth. His vessel was beached there during the
winter, and in the spring he bought Glaumbceiar-land, and made
his home there, and dwelt there as long as he lived, and was a man
of the greatest prominence. From him and his wife, Gudrid, a
numerous and goodly lineage is descended. After Karlsefni's death
Gudrid, together with her son Snorri, who was born in Wineland,
took charge of the farmstead; and, when Snorri was married, Gudrid
went abroad, and made a pilgrimage to the South, after which she
returned again to the home of her son Snorri, who had caused a
church to be built at Glaumbcer. Gudrid then took the veil and
became an anchorite, and lived there the rest of her days. Snorri
had a son, named Thorgeir, who was the father of Ingveld, the
mother of Bishop Brand. Hallfrid was the name of the daughter of
Snorri, Karlsefni's son : she was the mother of Runolf, Bishop Thor-
lak's father. Biorn was the name of [another] son of Karlsefni and
Gudrid : he was the father of Thorunn, the mother of Bishop Biorn.
Many men are descended from Karlsefni, and he has been blessed
with a numerous and famous posterity; and of all men Karlsefni has
given the most exact accounts of all these voyages, of which some-
thing has now been recounted.
THE LETTER OF COLUMBUS
TO LUIS DE SANT ANGEL
ANNOUNCING HIS DISCOVERY
(H93)
[The following letter was written by Columbus, near the end of his return
voyage, to Luis de Sant Angel, Treasurer of Aragon, who had given him substantial
help in fitting out his expedition. This announcement of his discovery of the West
Indies was evidently intended for the eyes of Ferdinand and Isabella. The text of
the present translation is taken from American History Leaflets, edited by Professors
Hart and Channing.]
SIR:
A[ know you will be rejoiced at the glorious success that our
Lord has given me in my voyage, I write this to tell you how
in thirty-three days I sailed to the Indies with the fleet that
the illustrious King and Queen, our Sovereigns, gave me, where I
discovered a great many islands, inhabited by numberless people;
and of all I have taken possession for their Highnesses by proclama-
tion and display of the Royal Standard without opposition. To the
first island I discovered I gave the name of San Salvador, in com-
memoration of His Divine Majesty, who has wonderfully granted all
this. The Indians call it Guanaham. The second I named the Island
of Santa Maria de Concepcion; the third, Fernandina; the fourth,
Isabella; the fifth, Juana; and thus to each one I gave a new name.
When I came to Juana, I followed the coast of that isle toward the
west, and found it so extensive that I thought it might be the main-
land, the province of Cathay; and as I found no towns nor villages
on the sea-coast, except a few small settlements, where it was im-
possible to speak to the people, because they fled at once, I continued
the said route, thinking I could not fail to see some great cities or
towns; and finding at the end of many leagues that nothing new
appeared, and that the coast led northward, contrary to my wish,
because the winter had already set in, I decided to make for the
21
22 AMERICAN HISTORICAL DOCUMENTS
south, and as the wind also was against my proceeding, I determined
not to wait there longer, and turned back to a certain harbor whence
I sent two men to find out whether there was any king or large city.
They explored for three days, and found countless small communities
and people, without number, but with no kind of government, so
they returned.
I heard from other Indians I had already taken that this land was
an island, and thus followed the eastern coast for one hundred and
seven leagues, until I came to the end of it. From that point I saw
another isle to the eastward, at eighteen leagues' distance, to which
I gave the name of Hispaniola. I went thither and followed its
northern coast to the east, as I had done in Juana, one hundred and
seventy-eight leagues eastward, as in Juana. This island, like all the
others, is most extensive. It has many ports along the sea-coast ex-
celling any in Christendom and many fine, large, flowing rivers.
The land there is elevated, with many mountains and peaks incom-
parably higher than in the centre isle. They are most beautiful, of a
thousand varied forms, accessible, and full of trees of endless vari-
eties, so high that they seem to touch the sky, and I have been told
that they never lose their foliage. I saw them as green and lovely
as trees are in Spain in the month of May. Some of them were
covered with blossoms, some with fruit, and some in other condi-
tions, according to their kind. The nightingale and other small
birds of a thousand kinds were singing in the month of November
when I was there. There were palm trees of six or eight varieties,
the graceful peculiarities of each one of them being worthy of
admiration as are the other trees, fruits and grasses. There are won-
derful pine woods, and very extensive ranges of meadow land. There
is honey, and there are many kinds of birds, and a great variety of
fruits. Inland there are numerous mines of metals and innumerable
people. Hispaniola is a marvel. Its hills and mountains, fine plains
and open country, are rich and fertile for planting and for pasturage,
and for building towns and villages. The seaports there are incred-
ibly fine, as also the magnificent rivers, most of which bear gold.
The trees, fruits and grasses differ widely from those in Juana.
There are many spices and vast mines of gold and other metals in
this island. They have no iron, nor steel, nor weapons, nor are they
AMERICAN HISTORICAL DOCUMENTS 23
fit for them, because although they are well-made men of command-
ing stature, they appear extraordinarily timid. The only arms they
have are sticks of cane, cut when in seed, with a sharpened stick at
the end, and they are afraid to use these. Often I have sent two or
three men ashore to some town to converse with them, and the
natives came out in great numbers, and as soon as they saw our men
arrive, fled without a moment's delay although I protected them
from all injury.
At every point where I landed, and succeeded in talking to them,
I gave them some of everything I had cloth and many other things
without receiving anything in return, but they are a hopelessly
timid people. It is true that since they have gained more confidence
and are losing this fear, they are so unsuspicious and so generous
with what they possess, that no one who had not seen it would be-
lieve it. They never refuse anything that is asked for. They even
offer it themselves, and show so much love that they would give
their very hearts. Whether it be anything of great or small value,
with any trifle of whatever kind, they are satisfied. I forbade worth-
less things being given to them, such as bits of broken bowls, pieces
of glass, and old straps, although they were as much pleased to get
them as if they were the finest jewels in the world. One sailor was
found to have got for a leathern strap, gold of the weight of two and
a half castellanos, and others for even more worthless things much
more; while for a new blancas they would give all they had, were
it two or three castellanos of pure gold or an arroba or two of spun
cotton. Even bits of the broken hoops of wine casks they accepted,
and gave in return what they had, like fools, and it seemed wrong
to me. I forbade it, and gave a thousand good and pretty things that
I had to win their love, and to induce them to become Christians,
and to love and serve their Highnesses and the whole Castilian
nation, and help to get for us things they have in abundance, which
are necessary to us. They have no religion, nor idolatry, except that
they all believe power and goodness to be in heaven. They firmly
believed that I, with my ships and men, came from heaven, and with
this idea I have been received everywhere, since they lost fear of me.
They are, however, far from being ignorant. They are most in-
genious men, and navigate these seas in a wonderful way, and
24 AMERICAN HISTORICAL DOCUMENTS
describe everything well, but they never before saw people wearing
clothes, nor vessels like ours. Directly I reached the Indies in the
first isle I discovered, I took by force some of the natives, that from
them we might gain some information of what there was in these
parts; and so it was that we immediately understood each other,
either by words or signs. They are still with me and still believe
that I come from heaven. They were the first to declare this wher-
ever I went, and the others ran from house to house, and to the towns
around, crying out, "Come! come! and see the men from heaven!"
Then all, both men and women, as soon as they were reassured about
us, came, both small and great, all bringing something to eat and
to drink, which they presented with marvellous kindness. In these
isles there are a great many canoes, something like rowing boats,
of all sizes, and most of them are larger than an eighteen-oared gal-
ley. They are not so broad, as they are made of a single plank, but
a galley could not keep up with them in rowing, because they go
with incredible speed, and with these they row about among all
these islands, which are innumerable, and carry on their commerce.
I have seen some of these canoes with seventy and eighty men in
them, and each had an oar. In all the islands I observed little dif-
ference in the appearance of the people, or in their habits and lan-
guage, except that they understand each other, which is remarkable.
Therefore I hope that their Highnesses will decide upon the conver-
sion of these people to our holy faith, to which they seem much
inclined. I have already stated how I sailed one hundred and seven
leagues along the sea-coast of Juana, in a straight line from west to
east. I can therefore assert that this island is larger than England
and Scotland together, since beyond these one hundred and seven
leagues there remained at the west point two provinces where I did
not go, one of which they call Avan, the home of men with tails.
These provinces are computed to be fifty or sixty leagues in length,
as far as can be gathered from the Indians with me, who are ac-
quainted with all these islands. This other, Hispaniola, is larger in
circumference than all Spain from Catalonia to Fuentarabia in Bis-
cay, since upon one of its four sides I sailed one hundred and eighty-
eight leagues from west to east. This is worth having, and must on
no account be given up. I have taken possession of all these islands,
AMERICAN HISTORICAL DOCUMENTS 25
for their Highnesses, and all may be more extensive than I know, or
can say, and I hold them for their Highnesses, who can command
them as absolutely as the kingdoms of Castile. In Hispaniola, in the
most convenient place, most accessible for the gold mines and all
commerce with the mainland on this side or with that of the great
Khan, on the other, with which there would be great trade and
profit, I have taken possession of a large town, which I have named
the City of Navidad. I began fortifications there which should be
completed by this time, and I have left in it men enough to hold it,
with arms, artillery, and provisions for more than a year; and a boat
with a master seaman skilled in the arts necessary to make others;
I am so friendly with the king of that country that he was proud
to call me his brother and hold me as such. Even should he change
his mind and wish to quarrel with my men, neither he nor his sub-
jects know what arms are, nor wear clothes, as I have said. They
are the most timid people in the world, so that only the men remain-
ing there could destroy the whole region, and run no risk if they
know how to behave themselves properly. In all these islands the
men seem to be satisfied with one wife, except they allow as many
as twenty to their chief or king. The women appear to me to work
harder than the men, and so far as I can hear they have nothing of
their own, for I think I perceived that what one had others shared,
especially food. In the islands so far, I have found no monsters, as
some expected, but, on the contrary, they are people of very hand-
some appearance. They are not black as in Guinea, though their
hair is straight and coarse, as it does not grow where the sun's rays
are too ardent. And in truth the sun has extreme power here, since
it is within twenty-six degrees of the equinoctial line. In these islands
there are mountains where the cold this winter was very severe, but
the people endure it from habit, and with the aid of the meat they
eat with very hot spices.
As for monsters, I have found no trace of them except at the point
in the second isle as one enters the Indies, which is inhabited by a
people considered in all the isles as most ferocious, who eat human
flesh. They possess many canoes, with which they overrun all the
isles of India, stealing and seizing all they can. They are not worse
looking than the others, except that they wear their hair long like
26 AMERICAN HISTORICAL DOCUMENTS
women, and use bows and arrows of the same cane, with a sharp
stick at the end for want of iron, of which they have none. They are
ferocious compared to these other races, who are extremely cowardly;
but I only hear this from the others. They are said to make treaties
of marriage with the women in the first isle to be met with coming
from Spain to the Indies, where there are no men. These women
have no feminine occupation, but use bows and arrows of cane like
those before mentioned, and cover and arm themselves with plates
of copper, of which they have a great quantity. Another island, I am
told, is larger than Hispaniola, where the natives have no hair, and
where there is countless gold; and from them all I bring Indians
to testify to this. To speak, in conclusion, only of what has been
done during this hurried voyage, their Highnesses will see that I
can give them as much gold as they desire, if they will give me a
little assistance, spices, cotton, as much as their Highnesses may com-
mand to be shipped, and mastic as much as their Highnesses choose
to send for, which until now has only been found in Greece, in the
isle of Chios, and the Signoria can get its own price for it; as much
lign-aloe as they command to be shipped, and as many slaves as
they choose to send for, all heathens. I think I have found rhubarb
and cinnamon. Many other things of value will be discovered by the
men I left behind me, as I stayed nowhere when the wind allowed
me to pursue my voyage, except in the City of Navidad, which I
left fortified and safe. Indeed, I might have accomplished much
more, had the crews served me as they ought to have done. The
eternal and almighty God, our Lord, it is Who gives to all who
walk in His way, victory over things apparently impossible, and in
this case signally so, because although these lands had been imagined
and talked of before they were seen, most men listened incredulously
to what was thought to be but an idle tale. But our Redeemer has
given victory to our most illustrious King and Queen, and to their
kingdoms rendered famous by this glorious event, at which all
Christendom should rejoice, celebrating it with great festivities and
solemn Thanksgivings to the Holy Trinity, with fervent prayers for
the high distinction that will accrue to them from turning so many
peoples to our holy faith; and also from the temporal benefits that
not only Spain but all Christian nations will obtain. Thus I record
AMERICAN HISTORICAL DOCUMENTS 27
what has happened in a brief note written on board the Caravel, off
the Canary Isles, on the i5th of February, 1493.
Yours to command,
THE ADMIRAL.
Postscript within the letter
Since writing the above, being in the Sea of Castile, so much wind
arose south southeast, that I was forced to lighten the vessels, to run
into this port of Lisbon to-day which was the most extraordinary
thing in the world, from whence I resolved to write to their High-
nesses. In all the Indies I always found the temperature like that of
May. Where I went in thirty-three days I returned in twenty-eight,
except that these gales have detained me fourteen days, knocking
about in this sea. Here all seamen say that there has never been so
rough a winter, nor so many vessels lost. Done the I4th day of
March.
This letter Columbus sent to the Chancellor of the Exchequer, from
the Islands discovered in the Indies, enclosed in another to their
Highnesses.
AMERIGO VESPUCCI'S
ACCOUNT
OF HIS FIRST VOYAGE
(1497)
[Amerigo Vespucci was born in Florence in 1452 and died in Seville in 1512. He
was employed in the latter city in the business house which fitted out Columbus's
second expedition. The following letter gives his own account of the first of the
four voyages which he claimed to have made to the New World. He seems to have
touched the mainland a few weeks before Cabot, and some fourteen months before
Columbus. The suspicions which long clouded his title to fame have been largely
dissipated by modern investigation; and it seems to have been not without reason
that Waldseemuller in 1507 proposed to call the new continent by his name.
The present translation is made from Vespucci's Italian (published at Florence in
1505-6) by "M. K.," for Quaritch's edition, London, 1885.]
LETTER OF AMERIGO VESPUCCI TO PIER SODERINI, GONFALONIER
OF THE REPUBLIC OF FLORENCE
MAGNIFICENT Lord. After humble reverence and due
commendations, etc. It may be that your Magnificence
will be surprised by (this conjunction of) my rashness and
your customary wisdom, in that I should so absurdly bestir myself
to write to your Magnificence the present so-prolix letter: knowing
(as I do) that your Magnificence is continually employed in high
councils and affairs concerning the good government of this sublime
Republic. And will hold me not only presumptuous, but also idly-
meddlesome in setting myself to write things, neither suitable to
your station, nor entertaining, and written in barbarous style, and
outside of every canon of polite literature : but my confidence which
I have in your virtues and in the truth of my writing, which are
things (that) are not found written neither by the ancients nor by
modern writers, as your Magnificence will in the sequel perceive,
makes me bold. The chief cause which moved (me) to write to you,
was at the request of the present bearer, who is named Benvenuto
Benvenuti our Florentine (fellow-citizen), very much, as it is proven,
AMERICAN HISTORICAL DOCUMENTS 29
your Magnificence's servant, and my very good friend : who happen-
ing to be here in this city of Lisbon, begged that I should make
communication to your Magnificence of the things seen by me in
divers regions of the world, by virtue of four voyages which I have
made in discovery of new lands : two by order of the king of Castile,
King Don Ferrando VI., across the great gulf of the Ocean-sea,
towards the west: and the other two by command of the puissant
King Don Manuel King of Portugal, towards the south; telling me
that your Magnificence would take pleasure thereof, and that herein
he hoped to do you service: wherefore I set me to do it: because I
am assured that your Magnificence holds me in the number of your
servants, remembering that in the time of our youth I was your
friend, and now (am your) servant: and (remembering our) going
to hear the rudiments of grammar under the fair example and in-
struction of the venerable monk friar of Saint Mark Fra Giorgio
Antonio Vespucci : whose counsels and teaching would to God that
I had followed: for as saith Petrarch, I should be another man than
what I am. Howbeit soever I grieve not: because I have ever taken
delight in worthy matters: and although these trifles of mine may
not be suitable to your virtues, I will say to you as said Pliny to
Maecenas, you were sometime wont to take pleasure in my prattlings :
even though your Magnificence be continuously busied in public
affairs, you will take some hour of relaxation to consume a little time
in frivolous or amusing things: and as fennel is customarily given
atop of delicious viands to fit them for better digestion, so may you,
for a relief from your so heavy occupations, order this letter of
mine to be read : so that they may withdraw you somewhat from the
continual anxiety and assiduous reflection upon public affairs: and
if I shall be prolix, I crave pardon, my Magnificent Lord. Your
Magnificence shall know that the motive of my coming into this
realm of Spain was to traffic in merchandise: and that I pursued this
intent about four years: during which I saw and knew the incon-
stant shiftings of Fortune: and how she kept changing those frail
and transitory benefits: and how at one time she holds man on the
summit of the wheel, and at another time drives him back from her,
and despoils him of what may be called his borrowed riches: so that,
knowing the continuous toil which man undergoes to win them,
30 AMERICAN HISTORICAL DOCUMENTS
submitting himself to so many anxieties and risks, I resolved to
abandon trade, and to fix my aim upon something more praise-
worthy and stable: whence it was that I made preparation for going
to see part of the world and its wonders: and herefor the time and
place presented themselves most opportunely to me: which was
that the King Don Ferrando of Castile being about to despatch four
ships to discover new lands towards the west, I was chosen by his
Highness to go in that fleet to aid in making discovery: and we set
out from the port of Cadiz on the loth day of May 1497, and took
our route through the great gulf of the Ocean-sea: in which voyage
we were eighteen months (engaged) : and discovered much conti-
nental land and innumerable islands, and great part of them inhab-
ited: whereas there is no mention made by the ancient writers of
them: I believe, because they had no knowledge thereof: for, if I
remember well, I have read in some one (of those writers) that he
considered that this Ocean-sea was an unpeopled sea: and of this
opinion was Dante our poet in the xxvi. chapter of the Inferno,
where he feigns the death of Ulysses, in which voyage I beheld things
of great wondrousness, as your Magnificence shall understand. As I
said above, we left the port of Cadiz four consort ships : and began
our voyage in direct course to the Fortunate Isles which are called
to-day la gran Canaria, which are situated in the Ocean-sea at the
extremity of the inhabited west, (and) set in the third climate : over
which the North Pole has an elevation of 27 and a half degrees
beyond their horizon 1 and they are 280 leagues distant from this city
of Lisbon, by the wind between mezzo di and libeccio? where we
remained eight days, taking in provision of water, and wood and
other necessary things: and from here, having said our prayers, we
weighed anchor, and gave the sails to the wind, beginning our course
to westward, taking one quarter by south-west: 3 and so we sailed
on till at the end of 37 days we reached a land which we deemed to
be a continent : which is distant westwardly from the isles of Canary
about a thousand leagues beyond the inhabited region 4 within the
1 That is, which are situate at 27 !4 degrees north latitude.
2 South-south-west. It is to be remarked that Vespucci always uses the word wind
to signify the course in which it blows, not the quarter from which it rises.
3 West and a quarter by south-west.
4 This phrase is merely equivalent to a repetition of from the Canaries, these
islands having been already designated the extreme western limit of inhabited land.
AMERICAN HISTORICAL DOCUMENTS 31
torrid zone: for we found the North Pole at an elevation of 16 degrees
above its horizon, 5 and (it was) westward, according to the shewing
of our instruments, 75 degrees from the isles of Canary : whereat we
anchored with our ships a league and a half from land; and we put
out our boats freighted with men and arms: we made towards the
land, and before we reached it, had sight of a great number of people
who were going along the shore: by which we were much rejoiced:
and we observed that they were a naked race: they shewed them-
selves to stand in fear of us: I believe (it was) because they saw us
clothed and of other appearance (than their own) : they all withdrew
to a hill, and for whatsoever signals we made to them of peace and
of friendliness, they would not come to parley with us: so that, as
the night was now coming on, and as the ships were anchored in a
dangerous place, being on a rough and shelterless coast, we decided
to remove from there the next day, and to go in search of some
harbour or bay, where we might place our ships in safety: and we
sailed with the maestrale wind, 6 thus running along the coast with
the land ever in sight, continually in our course observing people
along the shore: till after having navigated for two days, we found
a place sufficiently secure for the ships, and anchored half a league
from land, on which we saw a very great number of people: and
this same day we put to land with the boats, and sprang on shore
full 40 men in good trim : and still the land's people appeared shy of
converse with us, and we were unable to encourage them so much as
to make them come to speak with us: and this day we laboured so
greatly in giving them of our wares, such as rattles and mirrors,
beads, spalline, and other trifles, that some of them took confidence
and came to discourse with us : and after having made good friends
with them, the night coming on, we took our leave of them and re-
turned to the ships: and the next day when the dawn appeared we
saw that there were infinite numbers of people upon the beach, and
they had their women and children with them : we went ashore, and
found that they were all laden with their worldly goods 7 which are
suchlike as, in its (proper) place, shall be related: and before we
reached the land, many of them jumped into the sea and came swim-
5 That is, 16 degrees north latitude. 6 North-west.
7 Mantenimenti. The word "all" (tucte) is feminine, and probably refers only to
the women.
32 AMERICAN HISTORICAL DOCUMENTS
ming to receive us at a bowshot's length (from the shore), for they
are very great swimmers, with as much confidence as if they had for
a long time been acquainted with us : and we were pleased with this
their confidence. For so much as we learned of their manner of
life and customs, it was that they go entirely naked, as well the
men as the women. . . . They are of medium stature, very well pro-
portioned: their flesh is of a colour that verges into red like a lion's
mane: and I believe that if they went clothed, they would be as
white as we: they have not any hair upon the body, except the hair
of the head which is long and black, and especially in the women,
whom it renders handsome : in aspect they are not very good-looking,
because they have broad faces, so that they would seem Tartar-like:
they let no hair grow on their eyebrows, nor on their eyelids, nor
elsewhere, except the hair of the head : for they hold hairiness to be a
filthy thing: they are very light footed in walking and in running,
as well the men as the women: so that a woman recks nothing of
running a league or two, as many times we saw them do: and herein
they have a very great advantage over us Christians: they swim
(with an expertness) beyond all belief, and the women better than
the men : for we have many times found and seen them swimming
two leagues out at sea without anything to rest upon. Their arms are
bows and arrows very well made, save that (the arrows) are not
(tipped) with iron nor any other kind of hard metal: and instead
of iron they put animals' or fishes' teeth, or a spike of tough wood,
with the point hardened by fire: they are sure marksmen, for they
hit whatever they aim at: and in some places the women use these
bows: they have other weapons, such as fire-hardened spears, and
also clubs with knobs, beautifully carved. Warfare is used amongst
them, which they carry on against people not of their own lan-
guage, very cruelly, without granting life to any one, except (to
reserve him) for greater suffering. When they go to war, they take
their women with them, not that these may fight, but because they
carry behind them their worldly goods, for a woman carries on her
back for thirty or forty leagues a load which no man could bear:
as we have many times seen them do. They are not accustomed to
have any Captain, nor do they go in any ordered array, for every
one is lord of himself: and the cause of their wars is not for lust of
AMERICAN HISTORICAL DOCUMENTS 33
dominion, nor of extending their frontiers, nor for inordinate covet-
ousness, but for some ancient enmity which in by-gone times arose
amongst them: and when asked why they made war, they knew
not any other reason to give than that they did so to avenge the
death of their ancestors, or of their parents : these people have neither
King, nor Lord, nor do they yield obedience to any one, for they live
in their own liberty : and how they be stirred up to go to war is (this)
that when the enemies have slain or captured any of them, his oldest
kinsman rises up and goes about the highways haranguing them
to go with him and avenge the death of such his kinsman: and so
are they stirred up by fellow-feeling: they have no judicial system,
nor do they punish the ill-doer: nor does the father, nor the mother
chastise the children: and marvellously (seldom) or never did we
see any dispute among them: in their conversation they appear
simple, and they are very cunning and acute in that which con-
cerns them: they speak little and in a low tone: they use the same
articulations as we, since they form their utterances either with the
palate, or with the teeth, or on the lips: 8 except that they give dif-
ferent names to things. Many are the varieties of tongues: for in
every 100 leagues we found a change of language, so that they are
not understandable each to the other. The manner of their living
is very barbarous, for they do not eat at certain hours, and as often-
times as they will: and it is not much of a boon to them 9 that the
will may come more at midnight than by day, for they eat at all
hours: and they eat upon the ground without a table-cloth or any
other cover, for they have their meats either in earthen basins which
they make themselves, or in the halves of pumpkins: they sleep in
certain very large nettings made of cotton, suspended in the air:
and although this their (fashion of) sleeping may seem uncomfort-
able, I say that it is sweet to sleep in those (nettings) : and we slept
better in them than in the counterpanes. They are a people smooth
and clean of body, because of so continually washing themselves as
they do. . . . Amongst those people we did not learn that they had
any law, nor can they be called Moors nor Jews, and (they are)
8 He means that they have no sounds in their language unknown to European
organs of speech, all being either palatals or dentals or labials.
9 1 have translated "et non si da loro molfo" as "it is not much of a boon to
them," but may be "it matters not much to them."
34 AMERICAN HISTORICAL DOCUMENTS
worse than pagans : because we did not observe that they offered any
sacrifice: nor even had they a house of prayer: their manner of
living I judge to be Epicurean: their dwellings are in common: and
their houses (are) made in the style of huts, but strongly made,
and constructed with very large trees, and covered over with
palm-leaves, secure against storms and winds: and in some places
(they are) of so great breadth and length, that in one single house
we found there were 600 souls : and we saw a village of only thirteen
houses where there were four thousand souls: every eight or ten
years they change their habitations: and when asked why they did
so: (they said it was) because of the soil which, from its filthiness,
was already unhealthy and corrupted, and that it bred aches in their
bodies, which seemed to us a good reason: their riches consist of
birds' plumes of many colours, or of rosaries which they make from
fishbones, or of white or green stones which they put in their cheeks
and in their lips and ears, and of many other things which we in no
wise value: they use no trade, they neither buy nor sell. In fine, they
live and are contented with that which nature gives them. The
wealth that we enjoy in this our Europe and elsewhere, such as
gold, jewels, pearls, and other riches, they hold as nothing; and
although they have them in their own lands, they do not labour
to obtain them, nor do they value them. They are liberal in giving,
for it is rarely they deny you anything: and on the other hand,
liberal in asking, when they shew themselves your friends. . . .
When they die, they use divers manners of obsequies, and some they
bury with water and victuals at their heads : thinking that they shall
have (whereof) to eat: they have not nor do they use ceremonies
of torches nor of lamentation. In some other places, they use the
most barbarous and inhuman burial, which is that when a suffering
or infirm (person) is as it were at the last pass of death, his kinsmen
carry him into a large forest, and attach one of those nets, of theirs,
in which they sleep, to two trees, and then put him in it, and dance
around him for a whole day: and when the night comes on they
place at his bolster, water with other victuals, so that he may be able
to subsist for four or six days: and then they leave him alone and
return to the village: and if the sick man helps himself, and eats,
and drinks, and survives, he returns to the village, and his (friends)
AMERICAN HISTORICAL DOCUMENTS 35
receive him with ceremony: but few are they who escape: without
receiving any further visit they die, and that is their sepulture: and
they have many other customs which for prolixity are not related.
They use in their sicknesses various forms of medicines, 10 so different
from ours that we marvelled how any one escaped: for many times
I saw that with a man sick of fever, when it heightened upon him,
they bathed him from head to foot with a large quantity of cold
water: then they lit a great fire around him, making him turn and
turn again every two hours, until they tired him and left him to
sleep, and many were (thus) cured: with this they make use of
dieting, for they remain three days without eating, and also of
blood-letting, but not from the arm, only from the thighs and the
loins and the calf of the leg: also they provoke vomiting with their
herbs which are put into the mouth: and they use many other
remedies which it would be long to relate: they are much vitiated
in the phlegm and in the blood because of their food which con-
sists chiefly of roots of herbs, and fruits and fish: they have no
seed of wheat nor other grain: and for their ordinary use and
feeding, they have a root of a tree, from which they make flour,
tolerably good, and they call it luca, and another which they call
Cazabi, and another Ignami: they eat little flesh except human
flesh: for your Magnificence must know that herein they are so
inhuman that they outdo every custom (even) of beasts; for they
eat all their enemies whom they kill or capture, as well females as
males with so much savagery, that (merely) to relate it appears
a horrible thing: how much more so to see it, as, infinite times and
in many places, it was my hap to see it: and they wondered to
hear us say that we did not eat our enemies: and this your Mag-
nificence may take for certain, that their other barbarous customs
are such that expression is too weak for the reality: and as in these
four voyages I have seen so many things diverse from our customs,
I prepared to write a common-place-book which I name LE QUATTRO
GIORNATE: in which I have set down the greater part of the things
which I saw, sufficiently in detail, so far as my feeble wit has
allowed me: which I have not yet published, because I have so ill
a taste for my own things that I do not relish those which I have
10 That is, "medical treatment."
36 AMERICAN HISTORICAL DOCUMENTS
written, notwithstanding that many encourage me to publish it:
therein everything will be seen in detail: so that I shall not enlarge
further in this chapter: as in the course of the letter we shall come
to many other things which are particular: let this suffice for the
general. At this beginning, we saw nothing in the land of much
profit, except some show of gold: I believe the cause of it was that
we did not know the language: but in so far as concerns the situa-
tion and condition of the land, it could not be better: we decided
to leave that place, and to go further on, continuously coasting the
shore: upon which we made frequent descents, and held converse
with a great number of people: and at the end of some days we
went into a harbour where we underwent very great danger: and
it pleased the Holy Ghost to save us: and it was in this wise. We
landed in a harbour, where we found a village built like Venice
upon the water: there were about 44 large dwellings in the form of
huts erected upon very thick piles, and they had their doors or
entrances in the style of drawbridges: and from each house one
could pass through all, by means of the drawbridges which stretched
from house to house: and when the people thereof had seen us,
they appeared to be afraid of us, and immediately drew up all the
bridges: and while we were looking at this strange action, we saw
coming across the sea about 22 canoes, which are a kind of boats
of theirs, constructed from a single tree: which came towards our
boats, as they had been surprised by our appearance and clothes, and
kept wide of us : and thus remaining, we made signals to them that
they should approach us, encouraging them with every token of
friendliness: and seeing that they did not come, we went to them,
and they did not stay for us, but made to the land, and, by signs,
told us to wait, and that they should soon return: and they went
to a hill in the background, and did not delay long: when they
returned, they led with them 16 of their girls, and entered with
these into their canoes, and came to the boats : and in each boat they
put 4 of the girls. That we marvelled at this behavior your Mag-
nificence can imagine how much, and they placed themselves with
their canoes among our boats, coming to speak with us: insomuch
that we deemed it a mark of friendliness: and while thus engaged,
we beheld a great number of people advance swimming towards
AMERICAN HISTORICAL DOCUMENTS 37
us across the sea, who came from the houses: and as they were
drawing near to us without any apprehension: just then there
appeared at the doors of the houses certain old women, uttering
very loud cries and tearing their hair to exhibit grief: whereby
they made us suspicious, and we each betook ourselves to arms:
and instantly the girls whom we had in the boats, threw them-
selves into the sea, and the men of the canoes drew away from us,
and began with their bows to shoot arrows at us: and those who
were swimming each carried a lance held, as covertly as they could,
beneath the water: so that, recognizing the treachery, we engaged
with them, not merely to defend ourselves, but to attack them
vigorously, and we overturned with our boats many of their almadie
or canoes, for so they call them, we made a slaughter (of them), and
they all flung themselves into the water to swim, leaving their canoes
abandoned, with considerable loss on their side, they went swimming
away to the shore: there died of them about 15 or 20, and many were
left wounded : and of ours 5 were wounded, and all, by the grace of
God, escaped (death): we captured two of the girls and two men:
and we proceeded to their houses, and entered therein, and in them
all we found nothing else than two old women and a sick man:
we took away from them many things, but of small value: and we
would not burn their houses, because it seemed to us (as though
that would be) a burden upon our conscience: and we returned
to our boats with five prisoners: and betook ourselves to the ships,
and put a pair of irons on the feet of each of the captives, except
the little girls: and when the night came on, the two girls and one
of the men fled away in the most subtle manner possible : and next
day we decided to quit that harbour and go further onwards:
we proceeded continuously skirting the coast, (until) we had sight
of another tribe distant perhaps some 80 leagues from the former
tribe: and we found them very different in speech and customs: we
resolved to cast anchor, and went ashore with the boats, and we saw
on the beach a great number of people amounting probably to 4000
souls: and when we had reached the shore, they did not stay for us,
but betook themselves to flight through the forests, abandoning
their things: we jumped on land, and took a pathway that led to
the forest: and at the distance of a bow-shot we found their tents,
38 AMERICAN HISTORICAL DOCUMENTS
where they had made very large fires, and two (of them) were
cooking their victuals, and roasting several animals, and fish of
many kinds : where we saw that they were roasting a certain animal
which seemed to be a serpent, save that it had no wings, and was
in its appearance so loathsome that we marvelled much at its savage-
ness: Thus went we on through their houses, or rather tents, and
found many of those serpents alive, and they were tied by the
feet and had a cord around their snouts, so that they could not
open their mouths, as is done (in Europe) with mastiff-dogs so that
they may not bite: they were of such savage aspect that none of
us dared to take one away, thinking that they were poisonous:
they are of the bigness of a kid, and in length an ell and a half: 11
their feet are long and thick, and armed with big claws: they have
a hard skin, and are of various colours: they have the muzzle and
face of a serpent: and from their snouts there rises a crest like a
saw which extends along the middle of the back as far as the tip
of the tail: in fine we deemed them to be serpents and venomous,
and (nevertheless, those people) ate them: we found that they
made bread out of little fishes which they took from the sea, first
boiling them, (then) pounding them, and making thereof a paste,
or bread, and they baked them on the embers: thus did they eat
them: we tried it, and found that it was good: they had so many
other kinds of eatables, and especially of fruits and roots, that it
would be a large matter to describe them in detail: and seeing that
the people did not return, we decided not to touch nor take away
anything of theirs, so as better to reassure them: and we left in
the tents for them many of our things, placed where they should
see them, and returned by night to our ships: and the next day,
when it was light, we saw on the beach an infinite number of
people: and we landed: and although they appeared timorous
towards us, they took courage nevertheless to hold converse with
us, giving us whatever we asked of them: and shewing themselves
very friendly towards us, they told us that those were their dwellings,
and that they had come hither for the purpose of fishing: and they
begged that we would visit their dwellings and villages, because
they desired to receive us as friends: and they engaged in such
11 This animal was the iguana.
AMERICAN HISTORICAL DOCUMENTS 39
friendship because of the two captured men whom we had with
us, as these were their enemies: insomuch that, in view of such
importunity on their part, holding a council, we determined that
28 of us Christians in good array should go with them, and in the
firm resolve to die if it should be necessary : and after we had been
here some three days, we went with them inland: and at three
leagues from the coast we came to a village of many people and
few houses, for there were no more than nine (of these) : where we
were received with such and so many barbarous ceremonies that the
pen suffices not to write them down: for there were dances, and
songs, and lamentations mingled with rejoicing, and great quantities
of food: and here we remained the night: . . . and after having
been here that night and half the next day, so great was the number
of people who came wondering to behold us that they were beyond
counting: and the most aged begged us to go with them to other
villages which were further inland, making display of doing us
the greatest honour: wherefore we decided to go: and it would
be impossible to tell you how much honour they did us: and we
went to several villages, so that we were nine days journeying, so
that our Christians who had remained with the ships were already
apprehensive concerning us: and when we were about 18 leagues
in the interior of the land, we resolved to return to the ships: and
on our way back, such was the number of people, as well men as
women, that came with us as far as the sea, that it was a wondrous
thing: and if any of us became weary of the march, they carried
us in their nets very refreshingly : and in crossing the rivers, which
are many and very large, they passed us over by skilful means so
securely that we ran no danger whatever, and many of them came
laden with the things which they had given us, which consisted
in their sleeping-nets, and very rich feathers, many bows and
arrows, innumerable popinjays of divers colours: and others brought
with them loads of their household goods, and of animals: but a
greater marvel will I tell you, that, when we had to cross a river,
he deemed himself lucky who was able to carry us on his back : and
when we reached the sea, our boats having arrived, we entered into
them: and so great was the struggle which they made to get into
our boats, and to come to see our ships, that we marvelled (thereat) :
40 AMERICAN HISTORICAL DOCUMENTS
and in our boats we took as many of them as we could, and made
our way to the ships, and so many (others) came swimming that
we found ourselves embarrassed in seeing so many people in the
ships, for there were over a thousand persons all naked and un-
armed: they were amazed by our (nautical) gear and contrivances,
and the size of the ships : and with them there occurred to us a very
laughable affair, which was that we decided to fire off some of
our great guns, and when the explosion took place, most of them
through fear cast themselves (into the sea) to swim, not otherwise
than frogs on the margins of a pond, when they see something
that frightens them, will jump into the water, just so did those
people: and those who remained in the ships were so terrified that
we regretted our action : however we reassured them by telling them
that with those arms we slew our enemies: and when they had
amused themselves in the ships the whole day, we told them to go
away because we desired to depart that night, and so separating
from us with much friendship and love, they went away to land.
Amongst that people and in their land, I knew and beheld so many
of their customs and ways of living, that I do not care to enlarge
upon them: for Your Magnificence must know that in each of my
voyages I have noted the most wonderful things, and I have indited
it all in a volume after the manner of a geography: and I entitle it
LE QUATTRO GIORNATE: in which work the things are comprised
in detail, and as yet there is no copy of it given out, as it is neces-
sary for me to revise it. This land is very populous, and full of
inhabitants, and of numberless rivers, (and) animals: few (of
which) resemble ours, excepting lions, panthers, stags, pigs, goats,
and deer: and even these have some dissimilarities of form: they
have no horses nor mules, nor, saving your reverence, asses nor
dogs, nor any kind of sheep or oxen : but so numerous are the other
animals which they have, and all are savage, and of none do they
make use for their service, that they could not be counted. What
shall we say of others (such as) birds ? which are so numerous, and
of so many kinds, and of such various-coloured plumages, that it
is a marvel to behold them. The soil is very pleasant and fruitful,
full of immense woods and forests: and it is always green, for the
foliage never drops off. The fruits are so many that they are num-
AMERICAN HISTORICAL DOCUMENTS 4!
berless and entirely different from ours. This land is within the
torrid zone, close to or just under the parallel described by the
Tropic of Cancer: where the pole of the horizon has an elevation of
23 degrees, at the extremity of the second climate. 12 Many tribes
came to see us, and wondered at our faces and our whiteness: and
they asked us whence we came: and we gave them to understand
that we had come from heaven, and that we were going to see the
world, and they believed it. In this land we placed baptismal fonts,
and an infinite (number of) people were baptised, and they called
us in their language Carabi, which means men of great wisdom.
We took our departure from that port: and the province is called
Lariab: and we navigated along the coast, always in sight of land,
until we had run 870 leagues of it, still going in the direction of
the maestrale (north-west) making in our course many halts, and
holding intercourse with many peoples: and in several places we
obtained gold by barter but not much in quantity, for we had done
enough in discovering the land and learning that they had gold.
We had now been thirteen months on the voyage: and the vessels
and the tackling were already much damaged, and the men worn
out by fatigue: we decided by general council to haul our ships on
land and examine them for the purpose of stanching leaks, as they
made much water, and of caulking and tarring them afresh, and
(then) returning towards Spain: and when we came to this de-
termination, we were close to a harbour the best in the world: into
which we entered with our vessels: where we found an immense
number of people : who received us with much friendliness : and on
the shore we made a bastion 13 with our boats and with barrels and
casks, and our artillery, which commanded every point: and our ships
having been unloaded and lightened, we drew them upon land,
and repaired them in everything that was needful: and the land's
people gave us very great assistance: and continually furnished us
with their victuals: so that in this port we tasted little of our own,
which suited our game well: for the stock of provisions which we
had for our return-passage was little and of sorry kind: where (i.e.,
there) we remained 37 days : and went many times to their villages :
where they paid us the greatest honour: and (now) desiring to
12 That is, 23 degrees north latitude. 13 Fort or barricade.
42 AMERICAN HISTORICAL DOCUMENTS
depart upon our voyage, they made complaint to us how at certain
times of the year there came from over the sea to this their land,
a race of people very cruel, and enemies of theirs: and (who) by
means of treachery or of violence slew many of them, and ate them :
and some they made captives, and carried them away to their
houses, or country: and how they could scarcely contrive to defend
themselves from them, making signs to us that (those) were an
island-people and lived out in the sea about a hundred leagues away :
and so piteously did they tell us this that we believed them: and
we promised to avenge them of so much wrong: and they remained
overjoyed herewith: and many of them offered to come along with
us, but we did not wish to take them for many reasons, save that we
took seven of them, on condition that they should come (i.e., return
home) afterwards in (their own) canoes because we did not desire
to be obliged to take them back to their country: and they were
contented: and so we departed from those people, leaving them
very friendly towards us: and having repaired our ships, and sailing
for seven days out to sea between northeast and east: and at the
end of the seven days we came upon the islands, which were many,
some (of them) inhabited, and others deserted: and we anchored
at one of them : where we saw a numerous people who called it Iti :
and having manned our boats with strong crews, and (ta^en am-
munition for) three cannon-shots in each, we made for land: where
we found (assembled) about 400 men, and many women, and all
naked like the former (peoples). They were of good bodily pres-
ence, and seemed right warlike men: for they were armed with
their weapons, which are bows, arrows, and lances: and most of
them had square wooden targets: and bore them in such wise that
they did not impede the drawing of the bow: and when we had
come with our boats to about a bowshot of the land, they all sprang
into the water to shoot their arrows at us and to prevent us from
leaping upon shore : and they all had their bodies painted of various
colours, and (were) plumed with feathers: and the interpreters who
were with us told us that when (those) displayed themselves so
painted and plumed, it was to betoken that they wanted to fight:
and so much did they persist in preventing us from landing, that
we were compelled to play with our artillery : and when they heard
AMERICAN HISTORICAL DOCUMENTS 43
the explosion, and saw one of them fall dead, they all drew back to
the land: wherefore, forming our council, we resolved that 42 of our
men should spring on shore, and, if they waited for us, fight them :
thus having leaped to land with our weapons, they advanced
towards us, and we fought for about an hour, for we had but little
advantage of them, except that our arbalasters and gunners killed
some of them, and they wounded certain of our men : and this was
because they did not stand to receive us within reach of lance-thrust
or sword-blow: and so much vigour did we put forth at last, that
we came to sword-play, and when they tasted our weapons, they
betook themselves to flight through the mountains and the forests,
and left us conquerors of the field with many of them dead and a
good number wounded: and for that day we took no other pains to
pursue them, because we were very weary, and we returned to our
ships, with so much gladness on the part of the seven men who had
come with us that they could not contain themselves (for joy) : and
when the next day arrived, we beheld coming across the land a great
number of people, with signals of battle, continually sounding
horns, and various other instruments which they use in their wars:
and all (of them) painted and feathered, so that it was a very strange
sight to behold them: wherefore all the ships held council, and it
was resolved that since this people desired hostility with us, we
should proceed to encounter them and try by every means to make
them friends: in case they would not have our friendship, that we
should treat them as foes, and so many of them as we might be able
to capture should all be our slaves: and having armed ourselves as
best we could, we advanced towards the shore, and they sought not
to hinder us from landing, I believe from fear of the cannons: and
we jumped on land, 57 men in four squadrons, each one (consisting
of) a captain and his company : and we came to blows with them :
and after a long battle (in which) many of them (were) slain, we
put them to flight, and pursued them to a village, having made
about 250 of them captives, and we burnt the village, and returned
to our ships with victory and 250 prisoners, leaving many of them
dead and wounded, and of ours there were no more than one killed,
and 22 wounded, who all escaped (/>., recovered). God be thanked.
We arranged our departure, and seven men, of whom five were
44 AMERICAN HISTORICAL DOCUMENTS
wounded, took an island-canoe, and with seven prisoners that we
gave them, four women and three men, returned to their (own)
country full of gladness, wondering at our strength : and we thereon
made sail for Spain with 222 captive slaves: and reached the port of
Calis (Cadiz) on the i5th day of October, 1498, where we were well
received and sold our slaves. Such is what befell me, most note-
worthy, in this my first voyage.
JOHN CABOT'S DISCOVERY
OF NORTH AMERICA
(1497)
[Giovanni Caboto (John Cabot) was a native of Genoa and a citizen of Venice,
who obtained letters-patent from Henry VII. of England in 1496, for a voyage of
discovery. In the summer of 1497, he crossed the Atlantic and discovered the main-
land of North America probably the Labrador coast. On this achievement was
based the claim of England to North America. The following three documents contain
all the evidence from contemporary witnesses whose information may have come
from John Cabot himself. The text followed is from the Hakluyt Society's edition of
Columbus's Journal.]
LETTER FROM LORENZO PASQUALIGO TO His BROTHERS ALVISE
AND FRANCESCO. 1
LONDON, 23rd August, 1497.
OUR Venetian, who went with a small ship from Bristol to
find new islands, has come back, and says he has discovered,
700 leagues off, the mainland of the country of the Gran
Cam, and that he coasted along it for 300 leagues, and landed,
but did not see any person. But he has brought here to the king
certain snares spread to take game, and a needle for making nets,
and he found some notched trees, from which he judged that there
were inhabitants. Being in doubt, he came back to the ship. He
has been away three months on the voyage, which is certain, and, in
returning, he saw two islands to the right, but he did not wish to
land, lest he should lose time for he was in want of provisions. This
king has been much pleased. He says that the tides are slack, and
do not make currents as they do here. The king has promised for
another time, ten armed ships as he desires, and has given him all the
prisoners, except such as are confined for high treason, to go with
him, as he has requested; and has granted him money to amuse
himself till then. Meanwhile, he is with his Venetian wife and his
1 Calendar of State Papers (Venice), i. p. 262, No. 752.
45
46 AMERICAN HISTORICAL DOCUMENTS
sons at Bristol. His name is Zuam Talbot, 2 and he is called the
Great Admiral, great honour being paid to him, and he goes dressed
in silk. The English are ready to go with him, and so are many
of our rascals. The discoverer of these things has planted a large
cross in the ground with a banner of England, and one of St. Mark,
as he is a Venetian; so that our flag has been hoisted very far away.
First Despatch of Raimondo di Soncino to the Dut^e of
Milan. 3 (Extract.)
24th AUGUST, 1497.
Some month afterwards His Majesty sent a Venetian, who is a
distinguished sailor, and who was much skilled in the discovery of
new islands, and he has returned safe, and has discovered two very
large and fertile islands, having, it would seem, discovered the seven
cities 400 leagues from England to the westward. These successes
led His Majesty at once to entertain the intention of sending him
with fifteen or twenty vessels.
Second Despatch of Raimondo di Soncino to the
Du^e of Milan*
1 8th DECEMBER, 1497.
My most illustrious and most excellent Lord,
Perhaps amidst so many occupations of your Excellency it will
not be unwelcome to learn how this Majesty has acquired a part of
Asia without drawing his sword. In this kingdom there is a certain
Venetian named Zoanne Caboto, of gentle disposition, very expert
in navigation, who, seeing that the most serene Kings of Portugal
and Spain had occupied unknown islands, meditated the achieve-
ment of a similar acquisition for the said Majesty. Having obtained
royal privileges securing to himself the use of the dominions he
might discover, the sovereignty being reserved to the Crown, he
entrusted his fortune to a small vessel with a crew of 18 persons,
and set out from Bristo, a port in the western part of this kingdom.
Having passed Ibernia, which is still further to the west, and then
2 A misprint: "T" for "C."
3 Calendar of State Papers (Venice), iii. p. 260, No. 750.
4 Annuario Scientifico, Milan, 1866, p. 700; Archiv d'Etat Milan, reprinted by
Harrisse in his John Cabot, p. 324, from the Intorno of Desimoni, and translated from
his text for the Hakluyt Society, with his permission.
AMERICAN HISTORICAL DOCUMENTS 47
shaped a northerly course, he began to navigate to the eastern part,
leaving (during several days) the North Star on the right hand; and
having wandered thus for a long time, at length he hit upon land,
where he hoisted the royal standard, and took possession for his
Highness, and, having obtained various proofs of his discovery, he
returned. The said Messer Zoanne, being a foreigner and poor,
would not have been believed if the crew, who are nearly all Eng-
lish, and belonging to Bristo, had not testified that what he said
was the truth. This Messer Zoanne has the description of the world
on a chart, and also on a solid sphere which he has constructed, and
on which he shows where he has been; and, proceeding towards the
east, he has passed as far as the country of the Tanais. And they
say that there the land is excellent and (the climate?) temperate,
suggesting that brasil and silk grow there. They affirm that the
sea is full of fish, which are not only taken with a net, but also
with a basket, a stone being fastened to it in order to keep it in
the water; and this I have heard stated by the said Messer Zoanne.
The said Englishmen, his companions, say that they took so
many fish that this kingdom will no longer have need of Iceland,
from which country there is an immense trade in the fish they
call stock-fish. But Messer Zoanne has set his mind on higher
things, for he thinks that, when that place has been occupied, he
will keep on still further towards the east, where he will be opposite
to an island called Cipango, situated in the equinoctial region,
where he believes that all the spices of the world, as well as the
jewels, are found. He further says that he was once at Mecca,
whither the spices are brought by caravans from distant countries;
and having inquired from whence they were brought and where
they grow, they answered that they did not know, but that such
merchandize was brought from distant countries by other caravans
to their home; and they further say that they are also conveyed from
other remote regions. And he adduced this argument, that if the
eastern people tell those in the south that these things come from a
far distance from them, presupposing the rotundity of the earth, it
must be that the last turn would be by the north towards the west;
and it is said that in this way the route would not cost more than
it costs now, and I also believe it. And what is more, this Majesty,
who is wise and not prodigal, reposes such trust in him because of
40 AMERICAN HISTORICAL DOCUMENTS
what he has already achieved, that he gives him a good maintenance,
as Messer Zoanne has himself told me. And it is said that before
long his Majesty will arm some ships for him, and will give him
all the malefactors to go to that country and form a colony, so that
they hope to establish a greater depot of spices in London than
there is in Alexandria. The principal people in the enterprise belong
to Bristo. They are great seamen, and, now that they know where
to go, they say that the voyage thither will not occupy more than
15 days after leaving Ibernia. I have also spoken with a Burgundian,
who was a companion of Messer Zoanne, who affirms all this, and
who wishes to return because the Admiral (for so Messer Zoanne
is entitled) has given him an island, and has given another to his
barber of Castione, 5 who is a Genoese, and both look upon themselves
as Counts; nor do they look upon my Lord the Admiral as less than
a Prince. I also believe that some poor Italian friars are going on
this voyage, who have all had bishopricks promised to them. And if
I had made friends with the Admiral when he was about to sail, I
should have got an archbishoprick at least; but I have thought that
the benefits reserved for me by your Excellency will be more secure.
I would venture to pray that, in the event of a vacancy taking place
in my absence, I may be put in possession, and that I may not be
superseded by those who, being present, can be more diligent than
I, who am reduced in this country to eating at each meal ten or
twelve kinds of victuals, and to being three hours at table every
day, two for love of your Excellency, to whom I humbly recom-
mend myself. London, 18 Dec. 1497, your Excellency's most humble
servant, RAIMUNDUS.
6 Perhaps Castiglione, near Chiavari.
FIRST CHARTER OF VIRGINIA
(1606)
[This charter, granted by King James I. on April 10, 1606, to the oldest of
the English colonies in America, is a typical example of the documents issued by the
British government, authorizing "Adventurers" to establish plantations in the New
World. The name "Virginia" was at that time applied to all that part of North
America claimed by Great Britain.]
/JAMES, by the Grace of God, King of England, Scotland,
France and Ireland, Defender of the Faith, &c. WHEREAS our
loving and well-disposed Subjects, Sir Thomas Gates, and Sir
George Somers, Knights, Richard Hactyuit, Prebendary of West-
minster, and Edward-Maria Wing field, Thomas Hanham, and
Ralegh Gilbert, Esqrs. William Parser, and George Pop ham, Gen-
tlemen, and divers others of our loving Subjects, have been humble
Suitors unto us, that We would vouchsafe unto them our Licence, to
make Habitation, Plantation, and to deduce a Colony of sundry of
our People into that Part of America, commonly called VIRGINIA, and
other Parts and Territories in America, either appertaining unto us,
or which are not now actually possessed by any Christian Prince or
People, situate, lying, and being all along the Sea Coasts, between
four and thirty Degrees of Northerly Latitude from the Equinoctial
Line, and five and forty Degrees of the same Latitude, and in the
main Land between the same four and thirty and five and forty
Degrees, and the Islands thereunto adjacent, or within one hundred
Miles of the Coasts thereof;
II. And to that End, and for the more speedy Accomplishment
of their said intended Plantation and Habitation there, are desirous
to divide themselves into two several Colonies and Companies;
The one consisting of certain Knights, Gentlemen, Merchants, and
other Adventurers, of our City of London and elsewhere, which are,
and from time to time shall be, joined unto them, which do desire
to begin their Plantation and Habitation in some fit and convenient
Place, between four and thirty and one and forty Degrees of the
49
5O AMERICAN HISTORICAL DOCUMENTS
said Latitude, along the Coasts of Virginia and Coasts of America
aforesaid; And the other consisting of sundry Knights, Gentlemen,
Merchants, and other Adventurers, of our Cities of Bristol and
Exeter, and of our Town of Plimouth, and of other Places, which
do join themselves unto that Colony, which do desire to begin
their Plantation and Habitation in some fit and convenient Place,
between eight and thirty Degrees and five and forty Degrees of the
said Latitude, all alongst the said Coast of Virginia and America, as
that Coast lyeth:
III. We, greatly commending, and graciously accepting of, their
Desires for the Furtherance of so noble a Work, which may, by the
Providence of Almighty God, hereafter tend to the Glory of his
Divine Majesty, in propagating of Christian Religion to such
People, as yet live in Darkness and miserable Ignorance of the true
Knowledge and Worship of God, and may in time bring the Infidels
and Savages, living in those Parts, to human Civility, and to a
settled and quiet Government; DO, by these our Letters Patents,
graciously accept of, and agree to, their humble and well-intended
Desires;
IV. And do therefore, for Us, our Heirs, and Successors, GRANT
and agree, that the said Sir Thomas Gates, Sir George Somers,
Richard Hac^luit, and Edward-Maria Wingfield, Adventurers of
and for our City of London, and all such others, as are, or shall be,
joined unto them of that Colony, shall be called the first Colony;
And they shall and may begin their said first Plantation and Habita-
tion, at any Place upon the said Coast of Virginia or America, where
they shall think fit and convenient, between the said four and thirty
and one and forty Degrees of the said Latitude; And that they shall
have all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers,
Mines, Minerals, Marshes, Waters, Fishings, Commodities, and
Hereditaments, whatsoever, from the said first Seat of their Planta-
tion and Habitation by the Space of fifty Miles of English Statute
Measure, all along the said Coast of Virginia and America, towards
the West and Southwest, as the Coast lyeth, with all the Islands
within one hundred Miles directly over against the same Sea Coast;
And also all the Lands, Soil, Grounds, Havens, Ports, Rivers, Mines,
Minerals, Woods, Waters, Marshes, Fishings, Commodities, and
AMERICAN HISTORICAL DOCUMENTS 51
Hereditaments, whatsoever, from the said Place of their first Planta-
tion and Habitation for the space of fifty like English Miles all
alongst the said Coast of Virginia and America, towards the East
and Northeast, or towards the North, as the Coast lyeth, together
with all the Islands within one hundred Miles, directly over against
the said Sea Coast; And also all the Lands, Woods, Soil, Grounds,
Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings,
Commodities, and Hereditaments, whatsoever, from the same fifty
Miles every way on the Sea Coast, directly into the main Land by the
Space of one hundred like English Miles; And shall and may inhabit
and remain there; and shall and may also build and fortify within
any the same, for their better Safeguard and Defence, according to
their best Discretion, and the Discretion of the Council of that
Colony; And that no other of our Subjects shall be permitted, or
suffered, to plant or inhabit behind, or on the Backside of them,
towards the main Land, without the Express License or Consent of
the Council of that Colony, thereunto in Writing first had and
obtained.
V. And we do likewise, for Us, our Heirs, and Successors, by these
Presents, GRANT and agree, that the said Thomas Hanham, and
Ralegh Gilbert, William Parser, and George Pop ham, and all
others of the Town of Plimouth in the County of Devon, or else-
where, which are, or shall be, joined unto them of that Colony, shall
be called the second Colony; And that they shall and may begin
their said Plantation and Seat of their first Abode and Habitation,
at any Place upon the said Coast of Virginia and America, where
they shall think fit and convenient, between eight and thirty Degrees
of the said Latitude, and five and forty Degrees of the same Lati-
tude; And that they shall have all the Lands, Soils, Grounds, Havens,
Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings,
Commodities, and Hereditaments, whatsoever from the first Seat of
their Plantation and Habitation by the Space of fifty like English
Miles as is aforesaid, all alongst the said Coast of Virginia and
America, towards the West and Southwest, or towards the South,
as the Coast lyeth, and all the Islands within one hundred Miles,
directly over against the said Sea Coast; And also all the Lands,
Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods,
52 AMERICAN HISTORICAL DOCUMENTS
Marshes, Waters, Fishings, Commodities, and Hereditaments, what-
soever, from the said Place of their first Plantation and Habitation
for the Space of fifty like Miles, all alongst the said Coast of Virginia
and America, towards the East and Northeast, or towards the North,
as the Coast lyeth, and all the Islands also within one hundred Miles
directly over against the same Sea Coast; And also all the Lands,
Soils, Grounds, Havens, Ports, Rivers, Woods, Mines, Minerals,
Marshes, Waters, Fishings, Commodities, and Hereditaments, what-
soever, from the same fifty Miles every way on the Sea Coast, directly
into the main Land, by the Space of one hundred like English Miles;
And shall and may inhabit and remain there; and shall and may also
build and fortify within any the same for their better Safeguard,
according to their best Discretion, and the Discretion of the Council
of that Colony; And that none of our Subjects shall be permitted,
or suffered, to plant or inhabit behind, or on the back of them,
towards the main Land, without the express License of the Council of
that Colony, in Writing thereunto first had and obtained.
VI. Provided always, and our Will and Pleasure herein is, that
the Plantation and Habitation of such of the said Colonies, as shall
last plant themselves, as aforesaid, shall not be made within one
hundred like English Miles of the other of them, that first began
to make their Plantation, as aforesaid.
VII. And we do also ordain, establish, and agree, for Us, our
Heirs, and Successors, that each of the said Colonies shall have a
Council, which shall govern and order all Matters and Causes, which
shall arise, grow, or happen, to or within the same several Colonies,
according to such Laws, Ordinances, and Instructions, as shall be,
in that behalf, given and signed with Our Hand or Sign Manual,
and pass under the Privy Seal of our Realm of England; Each of
which Councils shall consist of thirteen Persons, to be ordained,
made, and removed, from time to time, according as shall be directed,
and comprised in the same instructions; And shall have a several
Seal, for all Matters that shall pass or concern the same several
Councils; Each of which Seals shall have the King's Arms en-
graven on the one Side thereof, and his Portraiture on the other;
And that the Seal for the Council of the said first Colony shall have
engraven round about, on the one side, these Words; Sigillum Regis
AMERICAN HISTORICAL DOCUMENTS 53
Magnce Britannice, Francice, & Hibernice; on the other Side this
Inscription, round about; Pro Concilia primes Colonies Virginia.
And the seal for the Council of the said second Colony shall also
have engraven, round about the one Side thereof, the aforesaid
Words; Sigillum Regis Magnce, Britannice, Francice, & Hibernice;
and on the other Side; Pro Concilio secundce Colonice Virginice:
VIII. And that also there shall be a Council established here in
England, which shall, in like Manner, consist of thirteen Persons,
to be, for that Purpose, appointed by Us, our Heirs and Successors,
which shall be called our Council of Virginia; And shall, from time
to time, have the superior Managing and Direction, only of and for
all Matters, that shall or may concern the Government, as well of the
said several Colonies, as of and for any other Part or Place, within
the aforesaid Precincts of four and thirty and five and forty De-
grees, abovementioned; Which Council shall, in like manner, have a
Seal, for Matters concerning the Council of Colonies, with the like
Arms and Portraiture, as aforesaid, with this Inscription, engraven
round about on the one Side; Sigillum Regis Magnce Britannice,
Francice, & Hibernice; and round about the other side, Pro Concilio
sito Virginice.
IX. And moreover, we do GRANT and agree, for Us, our Heirs
and Successors, that the said several Councils, of and for the said
several Colonies, shall and lawfully may, by Virtue hereof, from
time to time, without any Interruption of Us, our Heirs, or Suc-
cessors, give and take Order, to dig, mine, and search for all Manner
of Mines of Gold, Silver, and Copper, as well within any part of
their said several Colonies, as for the said main Lands on the Back-
side of the same Colonies; And to HAVE and enjoy the Gold, Silver,
and Copper, to be gotten thereof, to the Use and Behoof of the
same Colonies, and the Plantations thereof; YIELDING therefore, to
Us, our Heirs and Successors, the fifth Part only of all the same
Gold and Silver, and the fifteenth Part of all the same Copper, so
to be gotten or had, as is aforesaid, without any other Manner or
Profit or Account, to be given or yielded to Us, our Heirs, or Suc-
cessors, for or in Respect of the same:
X. And that they shall, or lawfully may, establish and cause to
be made a Coin, to pass current there between the People of those
54 AMERICAN HISTORICAL DOCUMENTS
several Colonies, for the more Ease of Traffick and Bargaining
between and amongst them and the Natives there, of such Metal,
and in such Manner and Form, as the said several Councils there
shall limit and appoint.
XI. And we do likewise, for Us, our Heirs, and Successors, by
these Presents, give full Power and Authority to the said Sir Thomas
Gates, Sir George Somers, Richard Hacfyuit, Edward-Maria Wing-
field, Thomas Hanham, Ralegh Gilbert, William Parser, and George
Popham, and to every of them, and to the said several Companies,
Plantations, and Colonies, that they, and every of them, shall and
may, at all and every time and times hereafter, have, take, and lead
in the said Voyage, and for and towards the said several Plantations
and Colonies, and to travel thitherward, and to abide and inhabit
there, in every the said Colonies and Plantations, such and so many
of our Subjects, as shall willingly accompany them, or any of them,
in the said Voyages and Plantations; With sufficient Shipping and
Furniture of Armour, Weapons, Ordinance, Powder, Victual, and
all other things, necessary for the said Plantations, and for their
Use and Defence there: PROVIDED always, that none of the said Per-
sons be such, as shall hereafter be specially restrained by Us, our
Heirs, or Successors.
XII. Moreover, we do, by these Presents, for Us, our Heirs, and
Successors, GIVE AND GRANT Licence unto the said Sir Thomas Gates,
Sir George Somers, Richard Hactyuit, Edward-Maria Wingfield,
Thomas Hanham, Ralegh Gilbert, William Parser, and George
Popham, and to every of the said Colonies, that they, and every of
them, shall and may, from time to time, and at all times for ever
hereafter, for their several Defences, encounter, expulse, repel, and
resist, as well by Sea as by Land, by all Ways and Means whatsoever,
all and every such Person and Persons, as without the especial
Licence of the said several Colonies and Plantations, shall attempt
to inhabit within the said several Precincts and Limits of the said
several Colonies and Plantations, or any of them, or that shall
enterprise or attempt, at any time hereafter, the Hurt, Detriment, or
Annoyance, of the said several Colonies or Plantations.
XIII. Giving and granting, by these Presents, unto the said Sir
Thomas Gates, Sir George Somers f Richard Hactyuit, Edward-
AMERICAN HISTORICAL DOCUMENTS 55
Maria Wingfidd, and their Associates of the said first Colony, and
unto the said Thomas Hanham, Ralegh Gilbert, William Parser,
and George Popham, and their Associates of the said second Colony,
and to every of them, from time to time, and at all times for ever
hereafter, Power and Authority to take and surprise, by all Ways
and Means whatsoever, all and every Person and Persons, with their
Ships, Vessels, Goods and other Furniture, which shall be found
trafficking, into any Harbour or Harbours, Creek or Creeks, or Place,
within the Limits or Precincts of the said several Colonies and Plan-
tations, not being of the same Colony, until such time, as they, being
of any Realms or Dominions under our Obedience, shall pay, or
agree to pay, to the Hands of the Treasurer of that Colony, within
whose Limits and Precincts they shall so traffick, two and a half
upon every Hundred, of any thing, so by them trafficked, bought, or
sold; And being Strangers, and not Subjects under our Obeysance,
until they shall pay five upon every Hundred, of such Wares and
Merchandise, as they shall traffick, buy, or sell, within the Precincts
of the said several Colonies, wherein they shall so traffick, buy, or sell,
as aforesaid, WHICH Sums of Money, or Benefit, as aforesaid, for
and during the Space of one and twenty Years, next ensuing the
Date hereof, shall be wholly emploied to the Use, Benefit, and Be-
hoof of the said several Plantations, where such Traffick shall be
made; And after the said one and twenty Years ended, the same
shall be taken to the Use of Us, our Heirs, and Successors, by such
Officers and Ministers, as by Us, our Heirs, and Successors, shall be
thereunto assigned or appointed.
XIV. And we do further, by these Presents, for Us, our Heirs,
and Successors, GIVE AND GRANT unto the said Sir Thomas Gates, Sir
George Somers, Richard Hactyuit, and Edward-Maria Wingfield,
and to their Associates of the said first Colony and Plantation, and
to the said Thomas Hanham, Ralegh Gilbert, William Parser, and
George Popham, and their Associates of the said second Colony and
Plantation, that they, and every of them, by their Deputies, Ministers
and Factors, may transport the Goods, Chattels, Armour, Munition,
and Furniture, needful to be used by them, for their said Apparel,
Food, Defence, or otherwise in Respect of the said Plantations, out
of our Realms of England and Ireland, and all other our Dominions,
56 AMERICAN HISTORICAL DOCUMENTS
from time to time, for and during the Time of seven Years, next
ensuing the Date hereof, for the better Relief of the said several
Colonies and Plantations, without any Custom, Subsidy, or other
Duty, unto Us, our Heirs, or Successors, to be yielded or paid for
the same.
XV. Also we do, for Us, our Heirs, and Successors, DECLARE, by
these Presents, that all and every the Persons, being our Subjects,
which shall dwell and inhabit within every or any of the said
several Colonies and Plantations, and every of their children, which
shall happen to be born within any of the Limits and Precincts of the
said several Colonies and Plantations, shall HAVE and enjoy all
Liberties, Franchises, and Immunities, within any of our other
Dominions, to all Intents and Purposes, as if they had been abiding
and born, within this our Realm of England, or any other of our
said Dominions.
XVI. Moreover, our gracious Will and Pleasure is, and we do,
by these Presents, for Us, our Heirs, and Successors, declare and set
forth, that if any Person or Persons, which shall be of any of the
said Colonies and Plantations, or any other, which shall traffick to
the said Colonies and Plantations, or any of them, shall, at any time
or times hereafter, transport any Wares, Merchandises, or Com-
modities, out of any of our Dominions, with a Pretence to land, sell,
or otherwise dispose of the same, within any the Limits and Pre-
cincts of any the said Colonies and Plantations, and yet neverthe-
less, being at Sea, or after he hath landed the same within any of
the said Colonies and Plantations, shall carry the same into any
other Foreign Country, with a Purpose there to sell or dispose of
the same, without the Licence of Us, our Heirs, and Successors, in
that Behalf first had and obtained; That then, all the Goods and
Chattels of such Person or Persons, so offending and transporting,
together with the said Ship or Vessel, wherein such Transportation
was made, shall be forfeited to Us, our Heirs, and Successors.
XVII. Provided always, and our Will and Pleasure is, and we
do hereby declare to all Christian Kings, Princes, and States, that
if any Person or Persons, which shall hereafter be of any of the said
several Colonies and Plantations, or any other, by his, their or any of
their Licence and Appointment, shall, at any time or times hereafter,
AMERICAN HISTORICAL DOCUMENTS 57
rob or spoil, by Sea or by Land, or do any Act of unjust and un-
lawful Hostility, to any the Subjects of Us, our Heirs, or Successors,
or any the Subjects of any King, Prince, Ruler, Governor, or State,
being then in League or Amity with Us, our Heirs, or Successors,
and that upon such Injury, or upon just Complaint of such Prince,
Ruler, Governor, or State, or their Subjects, We, our Heirs, or Suc-
cessors, shall make open Proclamation, within any of the Ports of
our Realm of England, commodious for that Purpose, That the
said Person or Persons, having committed any such Robbery or
Spoil, shall, within the Term to be limited by such Proclamations
make full Restitution or Satisfaction of all such Injuries done, so as
the said Princes, or others, so complaining, may hold themselves
fully satisfied and contented; And that, if the said Person or Per-
sons, having committed such Robbery or Spoil, shall not make, or
cause to be made, Satisfaction accordingly, within such Time so to
be limited, That then it shall be lawful to Us, our Heirs, and Suc-
cessors, to put the said Person or Persons, having committed such
Robbery or Spoil, and their Procurers, Abetters, or Comforters, out of
our Allegiance and Protection; And that it shall be lawful and free,
fof all Princes and others, to pursue with Hostility the said Offend-
ers, and every of them, and their and every of their Procurers, Aiders,
Abetters, and Comforters, in that Behalf.
XVIII. And finally, we do, for Us, our Heirs, and Successors,
GRANT and agree, to and with the said Sir Thomas Gates, Sir George
Somers, Richard Hactyuit, and Edward-Maria Wingfield, and ail
others of the said first Colony, that We, our Heirs, and Successors,
upon Petition in that Behalf to be made, shall, by Letters-patent
under the Great Seal of England, GIVE and GRANT unto such Per-
sons, their Heirs, and Assigns, as the Council of that Colony, or the
most Part of them, shall, for that Purpose nominate and assign, all
the Lands, Tenements, and Hereditaments, which shall be within the
Precincts limited for that Colony, as is aforesaid, To BE HOLDEN OF
Us, our Heirs, and Successors, as of our Manor at East-Greenwich
in the County of Kent, in free and common Soccage only, and not in
Capite:
XIX. And do, in like Manner, Grant and Agree, for Us, our
Heirs, and Successors, to and with the said Thomas Hanham t
58 AMERICAN HISTORICAL DOCUMENTS
Ralegh Gilbert, William Parser, and George Popham, and all others
of the said second Colony, That We, our Heirs, and Successors,
upon Petition in that Behalf to be made, shall, by Letters-patent
under the Great Seal of England, GIVE and GRANT unto such Per-
sons, their Heirs, and Assigns, as the Council of that Colony, or the
most Part of them, shall, for that Purpose, nominate and assign,
all the Lands, Tenements, and Hereditaments, which shall be within
the Precincts limited for that Colony, as is aforesaid To BE HOLDEN
OF Us, our Heirs, and Successors, as of our Manour of East-Green-
wich in the County of Kent, in free and common Soccage only,
and not in Capite.
XX. All which Lands, Tenements, and Hereditaments, so to be
passed by the said several Letters-patent, shall be sufficient Assurance
from the said Patentees, so distributed and divided amongst the
Undertakers for the Plantation of the said several Colonies, and
such as shall make their Plantations in either of the said several
Colonies, in such Manner and Form, and for such Estates, as shall
be ordered and set down by the Council of the said Colony, or the
most Part of them, respectively, within which the same Lands,
Tenements, and Hereditaments shall lye or be; Although express
Mention of the true yearly Value or Certainty of the Premises, or
any of them, or of any other Gifts or Grants, by Us or any of our
Progenitors or Predecessors, to the aforesaid Sir Thomas Gates,
Knt. Sir George Somers, Knt. Richard Hactyuit, Edward-Maria
Wingfield, Thomas Hanham, Ralegh Gilbert, William Parser, and
George Popham, or any of them, heretofore made, in these Presents,
is not made; Or any Statute, Act, Ordinance, or Provision, Proclama-
tion, or Restraint, to the contrary hereof had, made, ordained, or
any other Thing, Cause, or Matter whatsoever, in any wise not-
withstanding. In Witness whereof we have caused these our Letters
to be made Patents; Witness Ourself at Westminster, the tenth Day
of April, in the fourth Year of our Reign of England, France, and
Ireland, and of Scotland the nine and thirtieth.
THE MAYFLOWER COMPACT
(1620)
[From the History of Plymouth Plantation by William Bradford (1590-1657),
second governor of Plymouth.]
IN the name of God, Amen. We, whose names are underwritten,
the loyal subjects of our dread sovereigne Lord, King James, by
the grace of God, of Great Britaine, France, and Ireland king,
defender of the faith, etc., having undertaken, for the glory of God,
and advancement of the Christian faith, and honour of our king
and country, a voyage to plant the first colony in the Northerne parts
of Virginia, doe, by these presents, solemnly and mutually in the
presence of God, and one of another, covenant and combine our-
selves together into a civill body politick, for our better ordering and
preservation and furtherance of the ends aforesaid; and by virtue
hereof to enacte, constitute, and frame such just and equall laws,
ordinances, acts, constitutions, and offices, from time to time, as
shall be thought most meete and convenient for the generall good
of the Colonie unto which we promise all due submission and
obedience. In witness whereof we have hereunder subscribed our
names at Cap-Codd the n. of November, in the year of the raigne of
our sovereigne lord, King James, of England, France, and Ireland,
the eighteenth, and of Scotland the fiftie-fourth. Anno. Dom. 1620.
59
THE FUNDAMENTAL ORDERS
OF CONNECTICUT
(1639)
[These "Orders" were adopted by a popular convention of the three towns of
Windsor, Hartford, and Wethersfield, on January 14, 1639. They form, according to
historians, "the first written constitution, in the modern sense of the term, as a
permanent limitation on governmental power, known in history, and certainly the
first American constitution of government to embody the democratic idea."]
FORASMUCH as it hath pleased the Almighty God by the
wise disposition of his diuyne prouidence so to Order and
dispose of things that we the Inhabitants and Residents of
Windsor, Harteford and Wethersfield are now cohabiting and
dwelling in and vppon the River of Conectecotte and the Lands
thereunto adioyneing; And well knowing where a people are
gathered togather the word of God requires that to mayntayne the
peace and vnion of such a people there should be an orderly and
decent Gouerment established according to God, to order and
dispose of the affayres of the people at all seasons as occation shall
require; doe therefore assotiate and conioyne our selues to be as one
Publike State or Comonwelth; and doe, for our selues and our Suc-
cessors and such as shall be adioyned to vs att any tyme hereafter,
enter into Combination and Confederation togather, to mayntayne
and presearue the liberty and purity of the gospell of our Lord
Jesus which we now professe, as also the disciplyne of the Churches,
which according to the truth of the said gospell is now practised
amongst vs; As also in our Ciuell Affaires to be guided and
gouerned according to such Lawes, Rules, Orders and decrees as
shall be made, ordered & decreed, as followeth:
i. It is Ordered, sentenced and decreed, that there shall be yerely
two generall Assemblies or Courts, the on the second thursday in
Aprill, the other the second thursday in September, following; the
first shall be called the Courte of Election, wherein shall be yerely
60
AMERICAN HISTORICAL DOCUMENTS 6 1
Chosen from tyme to tyme soe many Magestrats and other publike
Officers as shall be found requisitte: Whereof one to be chosen
Gouernour for the yeare ensueing and vntill another be chosen,
and noe other Magestrate to be chosen for more than one yeare;
prouided allwayes there be sixe chosen besids the Gouernour; which
being chosen and sworne according to an Oath recorded for that
purpose shall haue power to administer iustice according to the
Lawes here established, and for want thereof according to the rule
of the word of God; which choise shall be made by all that are ad-
mitted freemen and haue taken the Oath of Fidellity, and doe co-
habitte within this Jurisdiction, (hauing beene admitted Inhabitants
by the maior part of the Towne wherein they Hue,) or the mayor
parte of such as shall be then present.
2. It is Ordered, sentensed and decreed, that the Election of the
aforesaid Magestrats shall be on this manner: euery person present
and quallified for choyse shall bring in (to the persons deputed to
receaue them) one single paper with the name of him written in yt
whom he desires to haue Gouernour, and he that hath the greatest
number of papers shall be Gouernor for that yeare. And the rest
of the Magestrats or publike Officers to be chosen in this manner:
The Secretary for the tyme being shall first read the names of all
that are to be put to choise and then shall seuerally nominate them
distinctly, and euery one that would haue the person nominated to
be chosen shall bring in one single paper written vppon, and he that
would not haue him chosen shall bring in a blanke: and euery one
that hath more written papers then blanks shall be a Magistral for
that yeare; which papers shall be receaued and told by one or more
that shall be then chosen by the court and sworne to be faythfull
therein; but in case there should not be sixe chosen as aforesaid
besids the Gouernor, out of those which are nominated, then he or
they which haue the most written papers shall be a Magestrate or
Magestrats for the ensueing yeare, to make vp the foresaid number.
3. It is Ordered, sentenced and decreed, that the Secretary shall
not nominate any person, nor shall any person be chosen newly into
the Magestracy which was not propownded in some Generall Courte
before, to be nominated the next Election; and to that end yt shall
be lawfull for ech of the Townes aforesaid by their deputyes to
62 AMERICAN HISTORICAL DOCUMENTS
nominate any two whom they conceaue fitte to be put to election;
and the Courte may ad so many more as they iudge requisitt.
4. It is Ordered, sentenced and decreed that noe person be chosen
Gouernor aboue once in two yeares, and that the Gouernor be always
a member of some approved congregation, and formerly of the
Magestracy within this Jurisdiction; and all the Magestrats Freemen
of this Comonwelth : and that no Magestrate or other publike officer
shall execute any parte of his or their Office before they are seuerally
sworne, which shall be done in the face of the Courte if they be
present, and in case of absence by some deputed for that purpose.
5. It is Ordered, sentenced and decreed, that to the aforesaid
Courte of Election the seuerall Townes shall send their deputyes,
and when the Elections are ended they may proceed in any publike
searuice as at other Courts. Also the other General! Courte in Sep-
tember shall be for makeing of lawes, and any other publike occation,
which conserns the good of the Comonwelth.
6. It is Ordered, sentenced and decreed, that the Gouernor shall,
ether by himselfe or by the secretary, send out sumons to the Con-
stables of euery Towne for the cauleing of these two standing
Courts, on month at lest before their seuerall tymes: And also if the
Gouernor and the gretest parte of the Magestrats see cause vppon any
spetiall occation to call a generall Courte, they may giue order to
the secretary soe to doe within fowerteene dayes warneing; and if
vrgent necessity so require, vppon a shorter notice, giueing sufficient
grownds for yt to the deputyes when they meete, or els be questioned
for the same; And if the Gouernor and Mayor parte of Magestrats
shall ether neglect or refuse to call the two Generall standing Courts
or ether of them, as also at other tymes when the occations of the
Comonwelth require, the Freemen thereof, or the Mayor parte of
them, shall petition to them soe to doe: if then yt be ether denyed
or neglected the said Freemen or the Mayor parte of them shall
haue power to giue order to the Constables of the seuerall Townes to
doe the same, and so may meete togather, and chuse to themselues
a Moderator, and may proceed to do any Acte of power, which any
other Generall Courte may.
7. It is Ordered, sentenced and decreed that after there are
warrants giuen out for any of the said Generall Courts, the Con-
AMERICAN HISTORICAL DOCUMENTS 63
stable or Constables of ech Towne shall forthwith give notice
distinctly to the inhabitants of the same, in some Publike Assembly
or by goeing or sending from howse to howse, that at a place and
tyme by him or them lymited and sett, they meet and assemble
them selues togather to elect and chuse certen deputyes to be att
the Generall Courte then following to agitate the afayres of the
comonwelth; which said Deputyes shall be chosen by all that are
admitted Inhabitants in the seuerall Townes and haue taken the
oath of fidellity; prouided that non be chosen a Deputy for any
Generall Courte which is not a Freeman of this Comonwelth.
The foresaid deputyes shall be chosen in manner following: euery
person that is present and quallified as before expressed, shall bring
the names of such, written in seuerall papers, as they desire to haue
chosen for that Imployment, and these 3 or 4, more or lesse, being
the number agreed on to be chosen for that tyme, that haue great-
est number of papers written for them shall be deputyes for that
Courte; whose names shall be endorsed on the backe side of the
warrant and returned into the Courte, with the Constable or
Constables hand vnto the same.
8. It is Ordered, sentenced and decreed, that Wyndsor, Hartford
and Wethersfield shall haue power, ech Towne, to send fower of
their freemen as deputyes to euery Generall Courte; and whatsoeuer
other Townes shall be hereafter added to this Jurisdiction, they shall
send so many deputyes as the Courte shall judge meete, a resonable
proportion to the number of Freemen that are in the said Townes
being to be attended therein; which deputyes shall have the power
of the whole Towne to giue their voats and alowance to all such
lawes and orders as may be for the publike good, and unto which
the said Townes are to be bownd.
9. It is ordered and decreed, that the deputyes thus chosen shall
haue power and liberty to appoynt a tyme and a place of meeting
togather before any Generall Courte to aduise and consult of all
such things as may concerne the good of the publike, as also to
examine their owne Elections, whether according to the order, and
if they or the gretest parte of them find any election to be illegall
they may seclud such for present from their meeting, and returne
the same and their resons to the Courte; and if yt proue true, the
64 AMERICAN HISTORICAL DOCUMENTS
Courte may fyne the parte or partyes so intruding and the Towne,
if they see cause, and giue out a warrant to goe to a newe election
in a legall way, either in parte or in whole. Also the said deputyes
shall haue power to fyne any that shall be disorderly at their meet-
ings, or for not coming in due tyme or place according to appoynt-
ment; and they may returne the said fynes into the Courte if yt
be refused to be paid, and the tresurer to take notice of yt, and to
estreete or levy the same as he doth other fynes.
10. It is Ordered, sentenced and decreed, that euery Generall
Courte, except such as through neglecte of the Gouernor and the
greatest parte of Magestrats the Freemen themselves doe call, shall
consist of the Gouernor, or some one chosen to moderate the Court,
and 4 other Magestrats at lest, with the mayor part of the deputyes
of the seuerall Townes legally chosen; and in case the Freemen or
mayor parte of them, through neglect or refusall of the Gouernor
and mayor parte of the magestrats, shall call a Courte, yt shall con-
sist of the mayor parte of Freemen that are present or their deputyes,
with a Moderator chosen by them: In which said Generall Courts
shall consist the supreme power of the Comonwelth, and they only
shall haue power to make laws or repeale them, to graunt leuyes,
to admitt of Freemen, dispose of lands vndisposed of, to seuerall
Townes or persons, and also shall haue power to call ether Courte
or Magestrate or any other person whatsoeuer into question for any
misdemeanour, and may for just causes displace or deale otherwise
according to the nature of the offence; and also may deale in any
other matter that concerns the good of this comon welth, excepte
election of Magestrats, which shall be done by the whole boddy of
Freemen.
In which Courte the Gouernor or Moderator shall haue power
to order the Courte to giue liberty of spech, and silence vnceasonable
and disorderly speakeings, to put all things to voate, and in case the
vote be equall to haue the casting voice. But non of these Courts
shall be adiorned or dissolued without the consent of the maior
parte of the Court.
11. It is ordered, sentenced and decreed, that when any Generall
Courte vppon the occations of the Comonwelth haue agreed vppon
any sume or somes of mony to be leuyed vppon the seuerall Townes
AMERICAN HISTORICAL DOCUMENTS 65
within this Jurisdiction, that a Comittee be chosen to sett out and
appoynt what shall be the proportion of euery Towne to pay of the
said leuy, provided the Comittees be made vp of an equall number
out of each Towne.
i4th January, 1638,* the n Orders abouesaid are voted.
THE OATH OF THE GOUERNOR, FOR THE [PRESENT.]
1, 3^JH. being now chosen to be Gouernor within this Jurisdiction,
for the yeare ensueing, and vntil a new be chosen, doe sweare by
the greate and dreadfull name of the everliueing God, to promote
the publicke good and peace of the same, according to the best of my
skill; as also will mayntayne all lawfull priuiledges of this Comon-
wealth; as also that all wholsome lawes that are or shall be made by
lawfull authority here established, be duly executed; and will further
the execution of Justice according to the rule of Gods word; so
helpe me God, in the name of the Lo: Jesus Christ.
THE OATH OF A MAGESTRATE, FOR THE PRESENT.
I, J2.3U. being chosen a Magestrate within this Jurisdiction for the
yeare ensueing, doe sweare by the great and dreadfull name of the
euerliueing God, to promote the publike good and peace of the
same, according to the best of my skill, and that I will mayntayne
all the lawfull priuiledges thereof, according to my vnderstanding, as
also assist in the execution of all such wholesome lawes as are made
or shall be made by lawfull authority heare established, and will
further the execution of Justice for the tyme aforesaid according
to the righteous rule of Gods word; so helpe me God, etc.
1 1638, old style; 1639, new style.
THE BODY OF LIBERTIES
[The Massachusetts "Body of Liberties," the first code of laws established in New
England, was compiled by Nathaniel Ward (c. 1578-1652) a leading English Puritan
minister, who had been trained as a lawyer. He came to the colony in 1634, and was
for a time pastor at Ipswich. The "Liberties" were established by the Massachusetts
General Court in December, 1641.]
THE LIBERTIES OF THE MASSACHUSETS COLLONIE
IN NEW ENGLAND, 1641
THE free fruition of such liberties, Immunities, and prive-
ledges as humanitie, Civilitie, and Christianitie call for as
due to every man in his place and proportion, without im-
peachment, and infringement, hath ever bene and ever will be the
tranquillitie and Stabilitie of Churches and Commonwealths. And
the deniall or deprivall thereof, the disturbance if not the ruine of
both.
We hould it therefore our dutie and safetie whilst we are about
the further establishing of this Government to collect and expresse
all such freedomes as for present we foresee may concerne us, and
our posteritie after us, And to ratify them with our sollemne
consent.
Wee doe therefore this day religiously and unanimously decree
and confirme these following Rites, liberties, and priveledges con-
cerneing our Churches, and Civill State to be respectively, impartial-
lie, and inviolably enjoyed and observed throughout our Jurisdiction
for ever.
i. No mans life shall be taken away, no mans honour or good
name shall be stayned, no mans person shall be arested, restrayned,
banished, dismembred, nor any wayes punished, no man shall be
deprived of his wife or children, no mans goods or estaite shall be
taken away from him, nor any way indammaged under colour of
law or Countenance of Authoritie, unlesse it be by vertue or equitie
66
AMERICAN HISTORICAL DOCUMENTS 6j
of some expresse law of the Country waranting the same, established
by a generall Court and sufficiently published, or in case of the defect
of a law in any partecular case by the word of God. And in Capitall
cases, or in cases concerning dismembring or banishment according
to that word to be judged by the Generall Court.
2. Every person within this Jurisdiction, whether Inhabitant or
forreiner, shall enjoy the same justice and law, that is generall for
the plantation, which we constitute and execute one towards another
without partialitie or delay.
3. No man shall be urged to take any oath or subscribe any
articles, covenants or remonstrance, of a publique and Civill nature,
but such as the Generall Court hath considered, allowed, and re-
quired.
4. No man shall be punished for not appearing at or before any
Civill Assembly, Court, Councell, Magistrate, or Officer, nor for the
omission of any office or service, if he shall be necessarily hindred by
any apparent Act or providence of God, which he could neither
foresee nor avoid. Provided that this law shall not prejudice any
person of his just cost or damage, in any civill action.
5. No man shall be compelled to any publique worke or service
unlesse the presse be grounded upon some act of the generall Court,
and have reasonable allowance therefore.
6. No man shall be pressed in person to any office, worke, warres,
or other publique service, that is necessarily and sufficiently exempted
by any naturall or personall impediment, as by want of yeares,
greatnes of age, defect of minde, fayling of sences, or impotencie of
Lymbes.
7. No man shall be compelled to goe out of the limits of this
plantation upon any offensive warres which this Comonwealth or
any of our friends or confederats shall volentarily undertake. But
onely upon such vindictive and defensive warres in our owne behalfe
or the behalfe of our f reinds and confederats as shall be enterprized
by the Counsell and consent of a Court generall, or by authority
derived from the same.
8. No mans Cattel or goods of what kinde soever shall be pressed
or taken for any publique use or service, unlesse it be by warrant
grounded upon some act of the generall Court, nor without such
68 AMERICAN HISTORICAL DOCUMENTS
reasonable prices and hire as the ordinarie rates of the Countrie do
afford. And if his Cattel or goods shall perish or suffer damage in
such service, the owner shall be sufficiently recompenced.
9. No monopolies shall be granted or allowed amongst us, but of
such new Inventions that are profitable to the Countrie, and that for
a short time.
10. All our lands and heritages shall be free from all fines and
licenses upon Alienations, and from all hariotts, wardships, Liveries,
Primer-seisins, yeare day and wast, Escheates, and forfeitures, upon
the deaths of parents or Ancestors, be they naturall, casuall or
Juditiall.
11. All persons which are of the age of 21 yeares, and of right
understanding and meamories, whether excommunicate or con-
demned shall have full power and libertie to make there wills and
testaments, and other lawfull alienations of theire lands and estates.
12. Every man whether Inhabitant or fTorreiner, free or not free
shall have libertie to come to any publique Court, Councel, or Towne
meeting, and either by speech or writeing to move any lawfull,
seasonable, and materiall question, or to present any necessary
motion, complaint, petition, Bill or information, whereof that meet-
ing hath proper cognizance, so it be done in convenient time, due
order, and respective manner.
13. No man shall be rated here for any estaite or revenue he
hath in England, or in any forreine partes till it be transported
hither.
14. Any Conveyance or Alienation of land or other estaite what
so ever, made by any woman that is married, any childe under age,
Ideott or distracted person, shall be good if it be passed and ratified
by the consent of a generall Court.
15. All Covenous or fraudulent Alienations or Conveyances of
lands, tenements, or any heriditaments, shall be of no validitie to
defeate any man from due debts or legacies, or from any just title,
clame or possession, of that which is so fraudulently conveyed.
1 6. Every Inhabitant that is an howse holder shall have free
fishing and fowling in any great ponds and Bayes, Coves and Rivers,
so farre as the sea ebbes and flowes within the presincts of the
towne where they dwell, unlesse the free men of the same Towne
AMERICAN HISTORICAL DOCUMENTS 69
or the Generall Court have otherwise appropriated them, provided
that this shall not be extended to give leave to any man to come
upon others proprietie without there leave.
17. Every man of or within this Jurisdiction shall have free
libertie, notwithstanding any Civill power to remove both himselfe,
and his familie at their pleasure out of the same, provided there be
no legall impediment to the contrarie.
Rites, Rules, and Liberties concerning Juditiall proceedings
1 8. No mans person shall be restrained or imprisoned by any
authority whatsoever, before the law hath sentenced him thereto,
if he can put in sufficient securitie, bayle or mainprise, for his appear-
ance, and good behaviour in the meane time, unlesse it be in Crimes
Capitall, and Contempts in open Court, and in such cases where
some expresse act of Court doth allow it.
19. If in a general Court any miscariage shall be amongst the
Assistants when they are by themselves that may deserve an Ad-
monition or fine under 20 sh. it shall be examined and sentenced
amongst themselves, If amongst the Deputies when they are by
themselves, it shall be examined and sentenced amongst themselves,
If it be when the whole Court is togeather, it shall be judged by the
whole Court, and not severallie as before.
20. If any which are to sit as Judges in any other Court shall
demeane themselves offensively in the Court, The rest of the Judges
present shall have power to censure him for it, if the cause be of a
high nature it shall be presented to and censured at the next superior
Court.
21. In all cases where the first summons are not served six dayes
before the Court, and the cause breifly specified in the warrant,
where appearance is to be made by the partie summoned, it shall
be at his libertie whether he will appeare or no, except all cases that
are to be handled in Courts suddainly called, upon extraordinary
occasions, In all cases where there appeares present and urgent cause
any assistant or officer apointed shal have power to make our attaich-
ments for the first summons.
22. No man in any suit or action against an other shall falsely
pretend great debts or damages to vex his adversary, if it shall
7O AMERICAN HISTORICAL DOCUMENTS
appeare any doth so, The Court shall have power to set a reasonable
fine on his head.
23. No man shall be adjudged to pay for detaining any debt from
any Crediter above eight pounds in the hundred for one yeare, And
not above that rate proportionable for all somes what so ever, neither
shall this be a coulour or countenance to allow any usurie amongst
us contrarie to the law of god.
24. In all Trespasses or damages done to any man or men, If it
can be proved to be done by the meere default of him or them to
whome the trespasse is done, It shall be judged no trespasse, nor any
damage given for it.
25. No Summons pleading Judgement, or any kinde of proceed-
ing in Court or course of Justice shall be abated, arested or reversed
upon any kinde of cercumstantiall errors or mistakes, If the person
and cause be rightly understood and intended by the Court.
26. Every man that findeth himselfe unfit to plead his owne cause
in any Court shall have Libertie to imploy any man against whom
the Court doth not except, to helpe him, Provided he give him noe
fee or reward for his paines. This shall not exempt the partie him
selfe from Answering such Questions in person as the Court shall
thinke meete to demand of him.
27. If any plantife shall give into any Court a declaration of his
cause in writeing, The defendant shall also have libertie and time to
give in his answer in writeing, And so in all further proceedings
betwene partie and partie, So it doth not further hinder the dispach
of Justice then the Court shall be willing unto.
28. The plantife in all Actions brought in any Court shall have
libertie to withdraw his Action, or to be nonsuited before the Jurie
hath given in their verdict, in which case he shall alwaies pay full
cost and chardges to the defendant, and may afterwards renew his
suite at an other Court if he please.
29. In all actions at law it shall be the libertie of the plantife and
defendant by mutual consent to choose whether they will be tryed
by the Bensh or by a Jurie, unlesse it be where the law upon just
reason hath otherwise determined. The like libertie shall be granted
all persons in Criminall cases.
30. It shall be in the libertie both of plantife and defendant, and
AMERICAN HISTORICAL DOCUMENTS JI
likewise every delinquent (to be judged by a June) to challenge
any of the Jurors. And if his challenge be found just and reasonable
by the Bench, or the rest of the Jurie, as the challenger shall choose
it shall be allowed him, and tales de cercumstantibus impaneled in
their room.
31. In all cases where evidences is so obscure or defective that the
Jurie cannot clearely and safely give a positive verdict, whether it be
a grand or petit Jurie, It shall have libertie to give a non Liquit, or a
spetiall verdict, in which last, that is in a spetiall verdict, the Judge-
ment of the cause shall be left to the Court, And all Jurors shall have
libertie in matters of fact if they cannot finde the maine issue, yet
to finde and present in their verdict so much as they can, If the
Bench and Jurors shall so suffer at any time about their verdict that
either of them cannot proceede with peace of conscience the case
shall be referred to the Generall Court, who shall take the question
from both and determine it.
32. Every man shall have libertie to replevy his Cattell or goods
impounded, distreined, seised, or extended, unlesse it be upon exe-
cution after Judgement, and in paiment of fines. Provided he puts
in good securitie to prosecute his replevin, And to satisfie such de-
mands as his Adversary shall recover against him in Law.
33. No mans person shall be arrested, or imprisoned upon execu-
tion or judgment for any debt or fine, If the law can finde competent
meanes of satisfaction otherwise from his estaite, and if not his per-
son may be arrested and imprisoned where he shall be kept at his
owne charge, not the plantife's till satisfaction be made, unlesse the
Court that had cognizance of the cause or some superior Court
shall otherwise provide.
34. If any man shall be proved and Judged a common Barrator
vexing others with unjust frequent and endlesse suites, It shall be
in the power of Courts both to denie him the benefit of the law,
and to punish him for his Barratry.
35. No mans corne nor hay that is in the feild or upon the Cart,
nor his garden stuff e, nor any thing subject to present decay, shall be
taken in any distresse, unles he that takes it doth presently bestow
it where it may not be imbesled nor suffer spoile or decay, or give
securitie to satisfie the worth thereof if it come to any harme.
72 AMERICAN HISTORICAL DOCUMENTS
36. It shall be in the libertie of every man cast condemned or
sentenced in any cause in any Inferior Court, to make their appeale
to the Court of Assistants, provided they tender their appeale and
put in securitie to prosecute it, before the Court be ended wherein
they were condemned, And within six dayes next ensuing put in
good securitie before some Assistant to satisfie what his Adversarie
shall recover against him; And if the cause be of a Criminall nature
for his good behaviour, and appearance, And everie man shall have
libertie to complaine to the Generall Court of any Injustice done
him in any Court of Assistants or other.
37. In all cases where it appeares to the Court that the plantife
hath wilingly and witingly done wronge to the defendant in com-
mencing and prosecuting an action or complaint against him, They
shall have power to impose upon him a proportionable fine to the
use of the defendant or accused person, for his false complaint or
clamor.
38. Everie man shall have libertie to Record in the publique Rolles
of any Court any Testimony given upon oath in the same Court, or
before two Assistants, or any deede or evidence legally confirmed
there to remaine in perpetuam rei memoriam, that is for perpetuall
memoriall or evidence upon occasion.
39. In all actions both real and personall betweene partie and
partie, the Court shall have power to respite execution for a conven-
ient time, when in their prudence they see just cause so to doe.
40. No conveyance, Deede, or promise whatsoever shall be of
validitie, If it be gotten by Illegal violence, imprisonment, threaten-
ing, or any kinde of forcible compulsion called Dures.
41. Everie man that is to Answere for any criminall cause, whether
he be in prison or under bayle, his cause shall be heard and deter-
mined at the next Court that hath proper Cognizance thereof, And
may be done without prejudice of Justice.
42. No man shall be twise sentenced by Civill Justice for one and
the same Crime, offence, or Trespasse.
43. No man shall be beaten with above 40 stripes, nor shall any
true gentleman, nor any man equall to a gentleman be punished with
whipping, unles his crime be very shamefull, and his course of life
vitious and profligate.
AMERICAN HISTORICAL DOCUMENTS 73
44. No man condemned to dye shall be put to death within fower
dayes next after his condemnation, unles the Court see spetiall cause
to the contrary, or in case of martiall law, nor shall the body of any
man so put to death be unburied 12 howers unlesse it be in case of
Anatomic.
45. No man shall be forced by Torture to confesse any Crime
against himselfe nor any other unlesse it be in some Capitall case,
where he is first fullie convicted by cleare and sufficient evidence to
be guilty, After which if the cause be of that nature, That it is very
apparent there be other conspiratours, or confederates with him,
Then he may be tortured, yet not with such Tortures as be Barbar-
ous and inhumane.
46. For bodilie punishments we allow amongst us none that are
inhumane Barbarous or cruel.
47. No man shall be put to death without the testimony of two
or three witnesses or that which is equivalent thereunto.
48. Every Inhabitant of the Countrie shall have free libertie to
search and veewe any Rooles, Records, or Regesters of any Court or
office except the Councell, And to have a transcript or exemplifica-
tion thereof written examined, and signed by the hand of the officer
of the office paying the appointed fees therefore.
49. No free man shall be compelled to serve upon Juries above
two Courts in a yeare, except grand Jurie men, who shall hould two
Courts together at the least.
50. All Jurors shall be chosen continuallie by the freemen of the
Towne where they dwell.
51. All Associates selected at any time to Assist the Assistants in
Inferior Courts, shall be nominated by the Townes belonging to that
Court, by orderly agreement amonge themselves.
52. Children, Idiots, Distracted persons, and all that are strangers,
or new comers to our plantation, shall have such allowances and
dispensations in any cause whether Criminal or other as religion
and reason require.
53. The age of discretion for passing away of lands or such kinde
of herediments, or for giveing, of votes, verdicts or Sentence in any
Civill Courts or causes, shall be one and twentie yeares.
54. Whensoever any thing is to be put to vote, any sentence to be
74 AMERICAN HISTORICAL DOCUMENTS
pronounced, or any other matter to be proposed, or read in any Court
of Assembly, If the president or moderator thereof shall refuse to
performe it, the Major parte of the members of that Court or Assem-
bly shall have power to appoint any other meete man of them to do
it, And if there be just cause to punish him that should and would
not.
55. In all suites or Actions in any Court, the plaintife shall have
libertie to make all the titles and claims to that he sues for he can.
And the Defendant shall have libertie to plead all the pleas he can
in answere to them, and the Court shall judge according to the intire
evidence of all.
56. If any man shall behave himselfe offensively at any Towne
meeting, the rest of the freemen then present, shall have power to
sentence him for his offence. So be it the mulct or penaltie exceede
not twentie shilings.
57. Whensoever any person shall come to any very suddaine un-
timely and unnaturall death, Some assistant, or the Constables of
that Towne shall forthwith sumon a Jury of twelve free men to
inquire of the cause and manner of their death, and shall present a
true verdict thereof to some neere Assistant, or the next Court to be
helde for that Towne upon their oath.
Liberties more peculiarlie concerning the free men
58. Civill Authoritie hath power and libertie to see the peace,
ordinances and Rules of Christ observed in every church according
to his word, so it be done in a Civill and not in an Ecclesiastical way.
59. Civill Authoritie hath power and libertie to deale with any
Church member in a way of Civill Justice, notwithstanding any
Church relation, office or interest.
60. No church censure shall degrade or depose any man from
any Civill dignitie, office, or Authoritie he shall have in the Com-
monwealth.
61. No Magestrate, Juror, Officer, or other man shall be bound to
informe present or reveale any private crim or offence, wherein there
is no perill or danger to this plantation or any member thereof, when
any necessarie tye of conscience binds him to secresie grounded upon
the word of god, unlesse it be in case of testimony lawfully required.
AMERICAN HISTORICAL DOCUMENTS 75
62. Any Shire or Towne shall have libertie to choose their Depu-
ties whom and where they please for the Generall Court. So be it
they be free men, and have taken there oath of fealtie, and Inhabit-
ing in this Jurisdiction.
63. No Governor, Deputy Governor, Assistant, Associate, or
grand Jury man at any Court, nor any Deputie for the Generall
Court, shall at any time beare his owne chardges at any Court, but
their necessary expences shall be defrayed either by the Towne or
Shire on whose service they are, or by the Country in generall.
64. Everie Action betweene partie and partie, and proceedings
against delinquents in Criminall causes shall be briefly and des-
tinctly entered on the Rolles of every Court by the Recorder thereof.
That such actions be not afterwards brought againe to the vexation
of any man.
65. No custome or prescription shall ever pervaile amongst us in
any morall cause, our meaneing is maintaine anythinge that can be
proved to be morrallie sinfull by the word of god.
66. The Freemen of every Towneship shall have power to make
such by laws and constitutions as may concerne the wellfare of their
Towne, provided they be not of a Criminall, but onely of a pruden-
tial nature, And that their penalties exceede not 20 sh. for one offence.
And that they be not repugnant to the publique laws and orders of
the Countrie. And if any Inhabitant shall neglect or refuse to observe
them, they shall have power to levy the appointed penalties by
distresse.
67. It is the constant libertie of the free men of this plantation
to choose yearly at the Court of Election out of the freemen all the
General officers of this Jurisdiction. If they please to dischardge them
at the day of Election by way of vote. They may do it without
shewing cause. But if at any other generall Court, we hould it due
justice, that the reasons thereof be alleadged and proved. By Generall
officers we meane, our Governor, Deputy Governor, Assistants,
Treasurer, Generall of our warres. And our Admirall at Sea, and
such as are or hereafter may be of the like generall nature.
68. It is the libertie of the freemen to choose such deputies for
the Generall Court out of themselves, either in their owne Towne
or elsewhere as they judge fitest. And because we cannot foresee
j6 AMERICAN HISTORICAL DOCUMENTS
what varietie and weight of occasions may fall into future considera-
tion, And what counsells we may stand in neede of, we decree. That
the Deputies (to attend the Generall Court in the behalf e of the
Countrie) shall not any time be stated or inacted, but from Court to
Court, or at the most but for one yeare, that the Countrie may have
an Annuall libertie to do in that case what is most behoofefull for
the best welfaire thereof.
69. No Generall Court shall be desolved or adjourned without
the consent of the Major parte thereof.
70. All Freemen called to give any advise, vote, verdict, or sen-
tence in any Court, Counsell, or Civill Assembly, shall have full free-
dome to doe it according to their true judgements and Consciences,
So it be done orderly and inofensively for the manner.
71. The Governor shall have a casting voice whensoever an Equi
vote shall fall out in the Court of Assistants, or generall assembly,
So shall the presedent or moderator have in all Civill Courts or
Assemblies.
72. The Governor and Deputy Governor Joyntly consenting or
any three Assistants concurring in consent shall have power out of
Court to reprive a condemned malefactour, till the next quarter or
generall Court. The generall Court onely shall have power to pardon
a condemned malefactor.
73. The Generall Court hath libertie and Authoritie to send out
any member of this Comanwealth of what qualitie, condition or
office whatsoever into forreine parts about any publique message or
Negotiation. Provided the partie sent be acquainted with the affaire
he goeth about, and be willing to undertake the service.
74. The freemen of every Towne or Towneship, shall have full
power to choose yearly or for lesse time out of themselves a conven-
ient number of fitt men to order the planting or prudentiall occa-
sions of that Towne, according to Instructions given them in write-
ing, Provided nothing be done by them contrary to the publique laws
and orders of the Countrie, provided also the number of such select
persons be not above nine.
75. It is and shall be the libertie of any member or members of
any Court Councell or Civill Assembly in cases of makeing or exe-
cuting any order or law, that properlie concerne religion, or any
AMERICAN HISTORICAL DOCUMENTS 77
cause capitall, or warres, or Subscription to any publique Articles or
Remonstrance, in case they cannot in Judgement and conscience
consent to that way the Major vote or suffrage goes, to make their
contra Remonstrance or protestation in speech or writeing, and upon
request to have their dissent recorded in the Rolles of that Court.
So it be done Christianlie and respectively for the manner. And their
dissent onely be entered without the reasons thereof, for the avoiding
of tediousnes.
76. Whensoever any Jurie of trialls or Jurours are not cleare in
their Judgments or consciences conserneing any cause wherein they
are to give their verdict, They shall have libertie in open Court to
advise with any man they thinke fitt to resolve or direct them, before
they give in their verdict.
77. In all cases wherein any freeman is to give his vote, be it in
point of Election, makeing constitutions and orders or passing sen-
tence in any case of Judicature or the like, if he cannot see reason to
give it positively one way or an other, he shall have libertie to be
silent, and not pressed to a determined vote.
78. The Generall or publique Treasure or any parte thereof shall
never be exspended but by the appointment of a Generall Court, nor
any Shire Treasure, but by the appointment of the freemen therof,
nor any Towne Treasurie but by the freemen of that Township.
Liberties of Women
79. If any man at his death shall not leave his wife a competent
portion of his estaite, upon just complaint made to the Generall
Court she shall be relieved.
80. Everie marryed woeman shall be free from bodilie correction
or stripes by her husband, unlesse it be in his owne defence upon her
assalt. If there be any just cause of correction complaint shall be
made to Authoritie assembled in some Court, from which onely she
shall receive it.
Liberties of Children
81. When parents dye intestate, the Elder sonne shall have a
doble portion of his whole estate reall and personall, unlesse the Gen-
erall Court upon just cause alleadged shall judge otherwise.
78 AMERICAN HISTORICAL DOCUMENTS
82. When parents dye intestate haveing noe heires males of their
bodies their Daughters shall inherit as Copartners, unles the Gen-
erall Court upon just reason shall judge otherwise.
83. If any parents shall wilfullie and unreasonably deny any
childe timely or convenient mariage, or shall exercise any unnaturall
severitie towards them, such children shall have free libertie to com-
plaine to Authoritie for redresse.
84. No Orphan dureing their minoritie which was not committed
to tuition or service by the parents in their life time, shall afterwards
be absolutely disposed of by any kindred, freind, Executor, Towne-
ship, or Church, nor by themselves without the consent of some
Court, wherein two Assistants at least shall be present.
Liberties of Servants
85. If any servants shall flee from the Tiranny and crueltie of
their masters to the howse of any freeman of the same Towne, they
shall be there protected and susteyned till due order be taken for
their relife. Provided due notice thereof be speedily given to their
maisters from whom they fled. And the next Assistant or Constable
where the partie flying is harboured.
86. No servant shall be put of for above a yeare to any other
neither in the life time of their maister nor after their death by their
Executors or Administrators unlesse it be by consent of Authoritie
assembled in some Court or two Assistants.
87. If any man smite out the eye or tooth of his man-servant, or
maid servant, or otherwise mayme or much disfigure him, unlesse it
be by meere casualtie, he shall let them goe free from his service.
And shall have such further recompense as the Court shall allow him.
88. Servants that have served deligentlie and faithfully to the
benefitt of their maisters seaven yearse, shall not be sent away emptie.
And if any have bene unfaithful!, negligent or unprofitable in their
service, notwithstanding the good usage of their maisters, they shall
not be dismissed till they have made satisfaction according to the
Judgement of Authoritie.
AMERICAN HISTORICAL DOCUMENTS 79
Liberties of Forreiners and Strangers
89. If any people of other Nations professing the true Christian
Religion shall flee to us from the Tiranny or oppression of their
persecutors, or from famyne, warres, or the like necessary and com-
pulsarie cause, They shall be entertayned and succoured amongst
us, according to that power and prudence, god shall give us.
90. If any ships or other vessels, be it freind or enemy, shall suffer
shipwrack upon our Coast, there shall be no violence or wrong
oflferred to their persons or goods. But their persons shall be
harboured, and relieved, and their goods preserved in safety till
Authoritie may be certified thereof, and shall take further order
therein.
91. There shall never be any bond slaverie, villinage or Cap-
tivitie amongst us unles it be lawfull Captives taken in just warres,
and such strangers as willingly selle themselves or are sold to us.
And these shall have all the liberties and Christian usages which the
law of god established in Israeli concerning such persons doeth
morally require. This exempts none from servitude who shall be
Judged thereto by Authoritie.
Off the Eruite Creature
92. No man shall exercise any Tirranny or Crueltie towards any
bruite Creature which are usuallie kept for man's use.
93. If any man shall have occasion to leade or drive Cattel from
place to place that is far of, so that they be weary, or hungry, or fall
sick, or lambe, It shall be lawful to rest or refresh them, for compe-
tant time, in any open place that is not Corne, meadow, or inclosed
for some peculiar use.
94. Capitall Laws
i.
If any man after legall conviction shall have or worship any other
god, but the lord god, he shall be put to death. 1
1 Deut. xiii. 6, 10. Deut. xvii. 2, 6. Ex. xxii. 20.
80 AMERICAN HISTORICAL DOCUMENTS
2.
If any man or woeman be a witch, (that is hath or consul teth with
a familiar spirit,) they shall be put to death. 2
3-
If any person shall Blaspheme the name of god, the father, Sonne
or Holie Ghost, with direct, expresse, presumptuous or high handed
blasphemie, or shall curse god in the like manner, he shall be put
to death. 3
4-
If any person committ any wilfull murther, which is manslaughter,
committed upon premeditated malice, hatred, or Crueltie, not in a
mans necessarie and just defence, nor by meere casualtie against his
will, he shall be put to death. 4
5-
If any person slayeth an other suddaienly in his anger or Crueltie
of passion, he shall be put to death. 5
6.
If any person shall slay an other through guile, either by poyson-
ing or other such divelish practice, he shall be put to death. 6
7-
If any man or woeman shall lye with any beaste or bruite creature
by Carnall Copulation, They shall surely be put to death. And the
beast shall be slaine, and buried and not eaten. 7
8.
If any man lyeth with mankinde as he lyeth with a woeman, both
of them have committed abhomination, they both shall surely be put
to death. 8
2 Ex. xxii. 1 8. Lev. xx. 27. Deut. xviii. 10.
3 Lev. xxiv. 15, 1 6.
4 Ex. xxi. 22. Numb. xxxv. 13, 14, 30, 31.
5 Numb. xxv. 20, 21. Lev. xxiv. 17. 6 Ex. xxi. 14.
7 Lev. xx. 15, 16. 8 Lev. xx. 13.
AMERICAN HISTORICAL DOCUMENTS 8 1
9-
If any person committeth Adultery with a marled or espoused wife,
the Adulterer and Adulteresse shall surely be put to death. 9
10.
If any man stealeth a man or mankinde, he shall surely be put
to death. 10
ii.
If any man rise up by false witnes, wittingly and of purpose to take
away any mans life, he shall be put to death. 11
12.
If any man shall conspire and attempt any invasion, insurrection,
or publique rebellion against our commonwealth, or shall indeavour
to surprize any Towne or Townes, fort or forts therein, or shall
treacherously and perfediouslie attempt the alteration and subversion
of our frame of politic or Government fundamentallie, he shall be
put to death.
95. A Declaration of the Liberties the Lord Jesus hath
given to the Churches
i.
All the people of god within this Jurisdiction who are not in a
church way, and be orthodox in Judgement, and not scandalous in
life, shall have full libertie to gather themselves into a Church Estaite.
Provided they doe it in a Christian way, with due observation of the
rules of Christ revealed in his word.
2.
Every Church hath full libertie to exercise all the ordinances of
god, according to the rules of scripture.
9 Lev. xx. 19, and 18, 20. Deut. xxii. 23, 24. 10 Ex. xxi. 16. H Deut. xix. 16, 18, 19.
82 AMERICAN HISTORICAL DOCUMENTS
3'
Every Church hath free libertie of Election and ordination of all
their officers from time to time, provided they be able, pious and
orthodox.
4-
Every Church hath free libertie of Admission, Recommendation,
Dismission, and Expulsion, or deposall of their officers, and members,
upon due cause, with free exercise of the Discipline and Censures of
Christ according to the rules of his word.
5-
No Injunctions are to be put upon any Church, Church officers
or member in point of Doctrine, worship or Discipline, whether for
substance or cercumstance besides the Institutions of the lord.
6.
Every Church of Christ hath freedome to celebrate dayes of fasting
and prayer, and of thanksgiveing according to the word of god.
7-
The Elders of Churches have free libertie to meete monthly, Quar-
terly, or otherwise, in convenient numbers and places, for confer-
ences, and consultations about Christian and Church questions and
occasions.
All Churches have libertie to deale with any of their members in
a church way that are in the hand of Justice. So it be not to retard
or hinder the course thereof.
9-
Every Church hath libertie to deale with any magestrate, Deputie
of Court or other officer what soe ever that is a member in a church
way in case of apparent and just offence given in their places, so it
be done with due observance and respect.
AMERICAN HISTORICAL DOCUMENTS 83
10.
Wee allowe private meetings for edification in religion amongst
Christians of all sortes of people. So it be without just offence for
number, time, place, and other cercumstances.
ii.
For the preventing and removeing of errour and offence that may
grow and spread in any of the Churches in this Jurisdiction, And for
the preserveing of trueith and peace in the severall churches within
themselves, and for the maintenance and exercise of brotherly com-
munion, amongst all the churches in the Countrie, It is allowed and
ratified, by the Authentic of this Generall Court as a lawful libertie
of the Churches of Christ. That once in every month of the yeare
(when the season will beare it) It shall be lawfull for the minesters
and Elders, of the Churches neere adjoyneing together, with any
other of the breetheren with the consent of the churches to assemble
by course in each severall Church one after an other. To the intent
after the preaching of the word by such a minister as shall be re-
quested thereto by the Elders of the church where the Assembly is
held, The rest of the day may be spent in publique Christian Confer-
ence about the discussing and resolveing of any such doubts and cases
of conscience concerning matter of doctrine or worship or govern-
ment of the church as shall be propounded by any of the Breetheren
of that church, will leave also to any other Brother to propound his
objections or answeres for further satisfaction according to the word
of god. Provided that the whole action be guided and moderated by
the Elders of the Church where the Assemblie is helde, or by such
others as they shall appoint. And that no thing be concluded and
imposed by way of Authoritie from one or more churches upon an
other, but onely by way of Brotherly conference and consultations.
That the trueth may be searched out to the satisfying of every mans
conscience in the sight of god according his worde. And because
such an Assembly and the worke thereof can not be duly attended
to if other lectures be held in the same weeke. It is therefore agreed
with the consent of the Churches. That in that weeke when such an
Assembly is held, All the lectures in all the neighbouring Churches
84 AMERICAN HISTORICAL DOCUMENTS
for that weeke shall be forborne. That so the publique service of
Christ in this more solemne Assembly may be transacted with greater
deligence and attention.
96. Howsoever these above specified rites, freedomes Immunities,
Authorites and priveledges, both Civill and Ecclesiastical are ex-
pressed onely under the name and title of Liberties, and not in the
exact forme of Laws or Statutes, yet we do with one consent fullie
Authorise, and earnestly intreate all that are and shall be in Authori-
tie to consider them as laws, and not to faile to inflict condigne and
proportionable punishments upon every man impartiallie, that shall
infringe or violate any of them.
97. Wee likewise give full power and libertie to any person that
shall at any time be denyed or deprived of any of them, to commence
and prosecute their suite, Complaint or action against any man that
shall so doe in any Court that hath proper Cognizance or judicature
thereof.
98. Lastly because our dutie and desire is to do nothing suddainlie
which fundamentally concerne us, we decree that these rites and
liberties, shall be Audably read and deliberately weighed at every
Generall Court that shall be held, within three yeares next insueing,
And such of them as shall not be altered or repealed they shall stand
so ratified, That no man shall infringe them without due punish-
ment.
And if any Generall Court within these next thre yeares shall
faile or forget to reade and consider them as abovesaid. The Gov-
ernor and Deputy Governor for the time being, and every Assistant
present at such Courts, shall forfeite 2osh. a man, and everie Deputie
losh. a man for each neglect, which shall be paid out of their proper
estate, and not by the Country or the Townes which choose them,
and whensoever there shall arise any question in any Court amonge
the Assistants and Associates thereof about the explanation of these
Rites and liberties, The Generall Court onely shall have power to
interprett them.
ARBITRARY GOVERNMENT
DESCRIBED
AND THE
GOVERNMENT of the MASSACHUSETTS
VINDICATED FROM THAT ASPERSION
BY JOHN WINTHROP
THEN DEPUTY-GOVERNOR OF THE COMMONWEALTH
(,6 44 )
[In 1644, a dispute arose in Massachusetts between the magistrates and the deputies
as to the respective powers of the two branches of the legislature, the deputies claim-
ing judicial authority. Winthrop's opposition to this claim brought upon him and
other magistrates the charge of arbitrary government; and in order to clear up the
situation he drew up the following document. It is important not only for its
presentation of Winthrop's personal views, but for the light it throws upon the
origins of the political institutions of the Commonwealth.]
AMTRARY Government is where a people have men set over
them, without their choice or allowance; who have power
to govern them, and judge their causes without a rule.
God only hath this prerogative; whose sovereignty is absolute, and
whose will is a perfect rule, and reason itself; so as for man to usurp
such authority, is tyranny, and impiety.
Where the people have liberty to admit or reject their governors,
and to require the rule by which they shall be governed and judged,
this is not an arbitrary government.
That the Government of the Massachusetts is such will appear
(i) by the foundation of it; (2) by the positive laws thereof; (3) by
the constant practice which proves a custom, than which (when it is
for common good) there is no law of man more inviolable.
i. The foundation of this Government is the King's Letters Pat-
ents: this gave them their form and being, in disposing a certain
number of persons into a body politic; whereby they became then
(in such a politic respect) as one single person, consisting of several
85
86 AMERICAN HISTORICAL DOCUMENTS
members, and appoint to each its proper place: it regulates their
power and motions as might best conduce to the preservation and
good of the whole body.
The parties or members of this body politic are reduced under two
kinds, Governor and Company, or Freemen : to the Governor it adds
a Deputy, and eighteen Assistants: in these is the power of authority
placed, under the name of the Governor (not as a person, but as a
State) and in the other (which is named the Company) is placed the
power of liberty: which is not a bare passive capacity of freedom,
or immunity, but such a liberty as hath power to act upon the chief -
est means of its own welfare (yet in a way of liberty, not of author-
ity) and that under two general heads, election and counsel: (i) they
have liberty to elect yearly (or oftener if occasion require) all their
Governors and other their general officers, viz., such as should have
influence (either judicial or ministerial) into all parts of the juris-
diction; (2) they have liberty of counsel in all the General Assem-
blies, so as without their counsel and consent no laws, decrees, or
orders, of any public nature or concernment, not any taxes, imposi-
tions, impresses, or other burdens of what kind soever, can be im-
posed upon them, their families or estates, by any authority in the
Government: which notwithstanding remains still a distinct member,
even in those General Assemblies: otherwise our state should be a
mere Democratie, if all were Governors or magistrates, and none left
to be an object of government, which cannot fall out in any kind of
Aristocratic.
To make this clear, we will set down the very words of the
Patent.
"(i) The words of Constitution of this body politic are these, A,
B, C, and all such others as shall hereafter be admitted and made free
of the Company and society hereafter mentioned shall be, etc., one
body politic and Corporate, in fact and name, by the name of the
Governor and Company of the Massachusetts Bay in New England.
And that from henceforth forever there shall be one Governor, one
Deputy-Governor, and eighteen Assistants of the same Company,
to be from time to time, constituted, elected, and chosen, out of the
Freemen of the said Company for the time being; in such manner
and form, as hereafter in these presents is expressed, which said
AMERICAN HISTORICAL DOCUMENTS 87
officers shall apply themselves to take care for the best disposing and
ordering of the great business and affairs of, for, and concerning, the
said lands and premises hereby mentioned to be granted, and the
plantation thereof, and the government of the people there."
(2) The distribution of power follows, in these words ensuing:
"That the Government of the said Company for the time being or,
in his absence by occasion of sickness or otherwise, the Deputy-
Governor for the time being, shall have authority from time to time,
upon all occasions, to give order, for the assembling of the said Com-
pany, and calling them together, to consult and advise of the busi-
nesses and affairs of the said Company.
"And that the said Governor, Deputy-Governor, and Assistants
of the said Company for the time being shall or may once every
month or oftener at their pleasures, assemble and hold and keep a
Court, or Assembly of themselves, for the better ordering and direct-
ing of their affairs :
"And that any seven, or more persons of the Assistants, together
with the Governor or Deputy-Governor so assembled, shall be said,
taken, held, and reputed to be, and shall be, a full and sufficient
Court or Assembly of the said Company, for the handling, ordering,
and dispatching of all such businesses and occurrents, as shall from
time to time happen touching or concerning the said Company or
plantation."
Then follows a clause, whereby liberty is granted to hold four
general Courts in the year, wherein (with the advice and consent of
the major part of the freemen) they may admit others to the freedom
of the Company, they may make all subordinate officers, and make
laws and constitutions, for their welfare and good government.
Then followeth a clause for the annual election of all their officers
in these words ensuing:
"That yearly once in the year forever, namely on the last Wednes-
day in Easter Term yearly, the Governor, Deputy-Governor, and As-
sistants of the said Company shall be in the General Court or Assem-
bly, to be held for that day or time, newly chosen for the year ensu-
ing, by such greater part of the said Company, for the time being,
then and there present as is aforesaid."
Then follows another branch, whereby, in any of their General
00 AMERICAN HISTORICAL DOCUMENTS
Courts, any insufficient, or delinquent Officer (of what sort soever)
may be removed and another forthwith put in place.
The last clause is for the governing of the inhabitants within the
plantation. For it being the manner for such as procured patents
for Virginia, Bermudas, and the West Indies, to keep the chief gov-
ernment in the hands of the Company residing in England (and
so this was intended and with much difficulty we got it abscinded)
this clause is inserted in this and all other patents whereby the Com-
pany in England might establish a Government and Officers here in
any form used in England, as Governor and Council, Justices of the
Peace, Mayor, Bailiffs, etc.; and accordingly Mr. Endicott and others
with him, were established a Governor and Council here, before the
Government was transferred hither: and that clause is expressed in
these words:
"It shall and may be lawful, to and for the Governor, etc., and such
of the Freemen of the said Company for the time being, as shall be
assembled in any of their General Courts aforesaid, or in any other
Courts to be specially summoned and assembled for that purpose, or
the greater part of them, whereof the Governor or Deputy-Governor,
and six of the Assistants to be always seven; from time to time, to
make, ordain, and establish all manner of wholesome and reasonable
orders, laws, statutes, and ordinances, directions, and instructions,
not contrary to this our Realm of England : as well for settling of the
forms and ceremonies of government and magistracy, fit and neces-
sary for the said plantation, and inhabitants there, and for naming
and styling of all sorts of officers, both superior and inferior, which
they shall find needful for that Government and plantation; and the
distinguishing and setting forth of the several duties, powers, and
limits of every such office, etc., for disposing and ordering the election
of such of the said officers as shall be annual, etc., and for setting
down forms of oaths and for ministering of them, etc., and for the
directing, ruling, and disposing of all matters and things, whereby
our said people inhabitants there, may be so religiously, peaceably,
and civilly governed, etc."
Thus it appears that this Government is not arbitrary in the
foundation of it, but regulated in all the parts of it.
(2) It will be yet further found by the positive laws thereof:
AMERICAN HISTORICAL DOCUMENTS 89
And first by that of (3) 14 1634; where it is declared, that the
General Court only may make freemen; make laws; choose General
Officers, as Governor, Deputy, Assistants, Treasurer, etc.; remove
such; set out their power and duty; raise moneys; dispose of lands
in proprieties; not to be dissolved but by consent of the major part.
The freemen of the several towns may send their deputies to every
General Court who may do all that the body of freemen might do,
except in election of magistrates and officers.
And in the sixty-seventh Liberty it is thus described, viz. "It is
the constant liberty of the freemen, to choose yearly, at the Court of
Election, out of the freemen, all the general officers of this jurisdic-
tion. If they please to discharge them at the Court of Elections, by
vote, they may do it without showing cause; but if at any other Gen-
eral Court, we hold it due justice, that the reasons thereof be alleged
and proved. By general officers, we mean our Governor, Deputy-
Governor, Assistants, Treasurer, General of our wars, and our Ad-
miral at sea; and such as are, or may be hereafter, of like general
nature."
(3) According to these fundamental rules and positive laws, the
course of government hath been carried on in the practice of public
administrations to this very day, and where any considerable ob-
liquity hath been discerned, it hath been soon brought to the rule
and redressed; for it is not possible in the infancy of a plantation,
subject to so many and variable occurrents to hold so exactly to rules,
as when a state is once settled.
By what hath been already manifested, this Government is freed
from any semblance of arbitrariness either in the form of it, or the
general officers in it, which is the first branch in the description of
Arbitrary Government.
The other branch, (wherein the main question lies) is concerning
the rule so as if it shall appear also, that the Governor and other
officers are prescribed such a rule, as may be required of them in all
their administrations, then it must needs be granted, that this Gov-
ernment (even in the present state thereof) is, in no respect, arbitrary.
I might show a clear rule out of the Patent itself, but seeing it is
more particularly (and as it were membratim) delineated in later
laws, I will begin there, (3) 251636. It was ordered, that until a
9O AMERICAN HISTORICAL DOCUMENTS
body of fundamental laws (agreeable to the Word of God) were
established, all causes should be heard and determined, according to
the laws already in force; and where no law is, there as near the
law of God as may be. To omit many particular laws enacted upon
occasion, I will set down only the first authority in the Liberties:
which is as here f olio weth : "No man's life shall be taken away; no
man's honor or good name shall be stained; no man's person shall be
arrested, restrained, banished, dismembered, or any ways punished;
no man shall be deprived of his wife or children; no man's goods or
estate shall be taken away from him, or any way damaged, under
colour of law or countenance of authority, unless it be by the virtue
or equity of some express law of the country, warranting the same,
established by a General Court and sufficiently published; or, in case
of the defect of a law in any particular case, by the word of God,
and in capital cases, or in cases concerning dismembering or banish-
ment, according to that word, to be judged by the General Court."
By these it appears, that the officers of this body politic have a
rule to walk by in all their administrations, which rule is the Word
of God, and such conclusions and deductions as are, or shall be,
regularly drawn from thence.
All commonwealths have had some principles, or fundamentals,
from which they have framed deductions to particular cases, as
occasion hath required. And though no Commonwealth ever had,
or can have, a particular positive rule to dispense power or justice by
in every single case, yet where the fundamentals or general rule hold
forth such direction as no great damage or injury can befall, either
the whole, or any particular part, by any unjust sentence or disorderly
proceeding, without manifest breach of such general rule, there the
rule may be required, and so the Government is regular and not
arbitrary.
The fundamentals which God gave to the Commonwealth of
Israel were a sufficient rule to them, to guide all their affairs; we
having the same, with all the additions, explanations, and deductions,
which have followed; it is not possible we should want a rule in
any case, if God give wisdom to discern it.
There are some few cases only (beside the capitals) wherein the
penalty is prescribed; and the Lord could have done the like in
AMERICAN HISTORICAL DOCUMENTS 91
others, if He had so pleased; but having appointed governments
upon earth, to be His vicegerents, He hath given them those few
as presidents to direct them and to exercise His gifts in them (Deut.
xvii; 9, 10, n). In the most difficult cases, the judges in supreme
authority were to show the sentence of the law; whence three things
may be observed : ( i ) this sentence was to be declared out of the law
established, though not obvious to common understanding; (2) this
was to be expected in that ordinance; therefore (v. 19,) the King
was to have a copy of the law, and to read them all the days of his
life; (3) such a sentence was not ordained to be provided before the
case fell out, but pro re nata, when occasion required, God promised
to be present in his own ordinance, to improve such gifts as he should
please to confer upon such as he should call to place of government.
In the Scripture there are some forms of prayers and of sermons set
down; yet no man will infer from thence that ministers should have
sermons and prayers prescribed them for every occasion; for that
would destroy the ordinance of the ministry, /. e., a reading priest
might serve in that office, without any learning or other gifts of the
Spirit. So if all penalties were prescribed, the jury should state the
case, and the book hold forth the sentence, and any schoolboy
might pronounce it; then what need were there of any special wis-
dom, learning, courage, zeal or faithfulness in a judge?
This being so great a question now on foot, about prescript penal-
ties it will be of use to search as deep into it as we may by the light
of Scripture, approved patterns, and other rational arguments; not
tying our discourse to method, but laying down things as they come
to hand.
England in the right constitution, is not an Arbitrary Government,
nor is ours of the Massachusetts; yet juries, both there and here, give
damages which (in vulgar sense) are arbitrary, in most cases: as in
actions of slander, trespass, battery, breach of covenant, etc.; all which
concern the people's liberties no less than fines and other penalties;
And if twelve men, who have no calling to office, may (in expecta-
tion of God's assistance) be trusted with men's estates in a way of
distributive justice without a prescript rule, etc., why may not those
whose calling and office hath promise of assistance, have like trust
reposed in them, in vindictive justice?
92 AMERICAN HISTORICAL DOCUMENTS
In the Liberties enacted here of purpose to prevent Arbitrary
Government, there are near forty Laws, to the violation whereof no
penalty is prescribed, nor was ever moved.
God may pronounce sentence against an offender, before the of-
fence be committed, both by his absolute sovereignty, and also because
he foreseeth all facts, with all their circumstances; and besides the
least degree of the same offence deserves more than that full punish-
ment before his Justice, but man must proceed according to his
Commission; by which he cannot sentence another before he hath
offended; and the offence examined, proved, laid to the rule, and
weighed by all considerable circumstances, and liberty given to the
party to answer for himself: nor is there anything more prejudicial
to a subject's liberty, than to be sentenced before his cause be heard.
England is a state of long standing, yet we have had more positive
and more wholesome laws enacted in our short time than they had
in many hundred years. They have indeed some laws with pre-
scribed penalties annexed, but they are for the most part so small as
do undervalue the least degree of those offences; they have twelve
pence for an Oath: five shillings for drunkenness, etc.; but for all
great offences and misdemeanors, as perjury, forgery, conspiracies,
cozenages, oppression, riot, batteries, and other breaches of the peace,
etc., there is no penalty prescribed; how it is in other states in Europe,
I cannot relate (because we know not their laws) otherwise than
what appears in their histories, where we find some great offences
punished by the discretion of their judges.
Justice ought to render to every man according to his deservings,
eye for eye, hand for hand, etc.; and (Luke xii. 47) the servant, who
transgressed against knowledge was to be beaten with more stripes
than he who transgressed of ignorance. If we had a law, that every
lie should be punished forty shillings, and two offenders should be
convict at the same time, the one a youth of honest conversation,
never known to lie before; and now, suddenly surprised with fear of
some discredit, had told a lie wherein was no danger of harm to any
other; the other an old notorious liar, and his lie contrived of pur-
pose for a pernicious end: it were not just to punish both these alike.
As forty shillings were too little for the one, so it were too much for
the other. Besides, penalties (we know) coming of p&na, should
AMERICAN HISTORICAL DOCUMENTS 93
cause pain or grief to the offenders. It must be an affliction, yet not a
destruction except in capital or other heinous crimes: but in prescript
penalties, authority shoots at adventure; if the same penalty hits a
rich man, it pains him not, it is no affliction to him; but if it lights
upon a poor man, it breaks his back.
Every law must be just in every part of it, but if the penalty
annexed be unjust, how can it be held forth as a just law? To pre-
scribe a penalty must be by some rule, otherwise it is an usurpation
of God's prerogative; but where the law-makers, or declarers, cannot
find a rule for prescribing a penalty, if it come before the judges
pro re nata, there it is determinable by a certain rule, viz., by an
ordinance set up of God for that purpose, which hath a sure promise
of Divine assistance (Exo. xxi. 22; Deut. xvi. 18). "Judges and
Officers shalt thou make, etc., and they shall judge the people with
just judgment." (Deut. xxv. i, 2, and xvii. 9, 10, u). If a Law were
made that if any man were found drunken he should be punished
by the judges according to the merit of his offence, this is a just law,
because it is warranted by a rule; but if a certain penalty were pre-
scribed, this would not be just, because it wants a rule, but when such
a case is brought before the judges, and the quality of the person and
other circumstances considered, they shall find a rule to judge by;
as if Nabal, and Uriah, and one of the strong drunkards of Ephraim,
were all three together accused before the judges for drunkenness,
they could so proportion their several sentences, according to the
several natures and degrees of their offences, as a just and divine
sentence might appear in them all; for a divine sentence is in the lips
of the King, his mouth transgresseth not in judgment (Prov. xvi.),
but no such promise was ever made to a paper sentence of human
authority or invention. He who hath promised His servants to teach
them what to answer, even in that hour when they shall be brought
before judgment seats, etc., will also teach his ministers, the judges,
what sentence to pronounce, if they will also observe His word and
trust in Him. "Care not for the morrow, etc." is a rule of general
extent, to all cases where our providence may either cross with some
rule or ordinance of His, or may occasion us to rely more upon our
own strengths and means, than upon His grace and blessing. In the
sentence which Solomon gave between the two harlots (i Kings iii.
94 AMERICAN HISTORICAL DOCUMENTS
28), it is said that all Israel heard of the judgment which the King
had judged; and they feared the King, for they saw that the wisdom
of God was in him to do judgment. See here, how the wisdom of
God was glorified, and the authority of the judge strengthened by
this sentence; whereas in men's prescript sentences neither of these
can be attained; but if the sentence hit right, all is ascribed to the
wisdom of our ancestors; if otherwise, it is endured as a necessary
evil, since it may not be altered.
Prescript penalties take away the use of admonition, which is also
a divine sentence and an ordinance of God, warranted by Scripture,
as appears in Solomon's admonition to Adonijah, and Nehemiah's
to those that break the Sabbath (Ecel. xii. n, 12); "The words of
the wise are as goads, and as nails fastened by the masters of assem-
blies by these (my son) be admonished." (Prov. xxix. i; Isa. xi. 4;
Prov. xvii. 10). "A reproof entereth more into a wise man, than a
hundred stripes into a fool."
Judges are Gods upon earth; therefore, in their administrations,
they are to hold forth the wisdom and mercy of God, (which are
His attributes) as well as His Justice, as occasion shall require either
in respect of the quality of the person, or for a more general good,
or evident repentance, in some cases of less public consequence, or
avoiding imminent danger to the State, and such like prevalent con-
siderations. (Exo. xxii. 8, 9). For theft and such like trespasses,
double restitution was appointed by the Law; but (Lev. vi. 2, 5) in
such cases, if the party confessed his sin and brought his offering, he
should only restore the principal and add a fifth part thereto. Adul-
tery and incest deserved death, by the Law, in Jacob's time (as ap-
pears by Judah his sentence, in the case of Tamar) ; yet Reuben was
punished only with the loss of his birthright, because he was a
patriarch. David his life was not taken away for his adultery and
murder (but he was otherwise punished) in respect of public inter-
est and advantage; he was valued at ten thousand common men.
Bathsheba was not put to death for her adultery, because the King's
desire had with her the force of a law. Abiathar was not put to
death for his treason, because of his former good service and faith-
fulness. Shemei was reprieved for a time, and had his pardon in his
own power, because of his profession of repentance in such a season.
AMERICAN HISTORICAL DOCUMENTS 95
Those which broke the Sabbath in Nehemiah his time, were not put
to death, but first admonished, because the state was not settled, etc.
Joab was not put to death for his murders in David's time, for avoid-
ing imminent public danger; the sons of Zeruiah had the advantage
of David, by their interest in the men of war; and the common-
wealth could not yet spare them. But if judges be tied to a prescript
punishment, and no liberty left for dispensation or mitigation in
any case, there is no place left for wisdom or mercy; whereas Solomon
sayeth (Prov. xx. 28) : "Mercy and truth preserve the King, and his
throne is upholden by mercy."
I would know by what rule we may take upon us, to prescribe
penalties, where God prescribes none. If it be answered, "From God's
example," I might reply (i), God prescribes none except capital, but
only in such cases as are between party and party, and that is rather
in a way of satisfaction to the party wronged, than to justice and
intention. (2), God's examples are not warrants for us to go against
God's rules; our rule is to give a just sentence, which we cannot do
(in most cases) before the offence is committed, etc. Five shillings
now may be more than twenty shillings hereafter, and e contra. If
examples in Scripture be warrant for us to proceed against rule, then
we may pass by murders, adulteries, idolatries, etc., without capital
punishments; then we might put the children to death for parents'
offences, etc.
If we should inquire also of the end of prescribing penalties, it can
be no other but this, to prevent oppression of the people by unjust
sentences; then I am again to seek of a rule to weaken the power and
justice of an ordinance of God, through distrust of His providence,
and promise of assistance in His own ordinance. Who must give the
lawmakers wisdom, etc., to prescribe sentences? Must not God?
And may we not then trust Him to give as much wisdom, etc., to
such judges as He shall set up after us? It is said when they had
judges by God's appointment, God was with the judge. So may we
still believe that if our posterity all choose judges according to God,
He will be with the judges in time to come, as well as with the
present.
It may be further demanded, what power we have over the prop-
erty and estates of the succeeding generations? If we should now
96 AMERICAN HISTORICAL DOCUMENTS
prescribe where our posterity should dwell, what quantities of land
they should till, what places they should tend unto, what diet they
should use, what clothes they should wear, etc., by what rule could
we challenge this power? Yet we have example for some of these
in Scripture, as of Jonadab, the son of Rechab, etc.; but no man will
take these as warrants for us to lay such injunctions upon those which
come after us, because they are to have the same interest and freedom
in their estates and properties that we have in ours.
And for preventing of oppression, etc., is there no way to help
that but by breach of rule? Shall we run into manifest injustice for
fear of I know not what future danger of it ? Is there not a clear way
of help in such cases, by appeal, or petition, to the highest authority ?
If this will not relieve in a particular case, we shall then be in a very
ill case for all our prescript penalties. Besides, there may be such a
general law made (as in Magna Charta) that may prevent the over-
throwing of men's estates, or lands, etc., by fines, etc., (and I think
it is needful, as any law of Liberty we have), whereby the judges
may be restrained within certain limits, which, (if occasion should
require to exceed,) may be referred to the General Court; and in
capital punishments, a liberty in such and such cases, to redeem
them at a certain rate. This would sufficiently assure the proper
persons and estates from any great oppression, if, withal, our Courts
of Judicature were kept but by three or five magistrates at most,
which may well be ordered, without any deviation from our Patent.
And so the greater number of magistrates should be free from en-
gagement in any case which might come to a review upon appeal
or petition.
It is an error so to conceit of laws as if they could not be perfect
without penalties annexed, for they are as truly distinct as light and
darkness. Law was created with and in man, and so is natural to
him, but penalty is positive and accidental. Law is bonum simpliciter,
but poena is simpliciter malum in subiecto; therefore laws may be
declared and given without any penalties annexed.
Isa. x, i: Woe to them that decree unrighteous decrees: and write
grievousness, which they have prescribed; so that where the penalty
proves grievous by the unrighteousness of a prescript decree, it will
draw a woe after it, as well as unrighteous sentences; (Deut. xxv, 15)
AMERICAN HISTORICAL DOCUMENTS 97
"Thou shall have a perfect and just weight and measure." If God be
so strict in commutative justice that every act therein must be by
a just and perfect rule, what warrant have we to think that we may
dispense distributive or vindictive justice to our brethren by guess,
when we prescribe a certain measure to an uncertain merit ?
But it will be objected, volenti non fit injuria; the people giving
us power to make laws to bind them, they do implicitly give their
consent to them. To this it may be answered that where they put
themselves into our power to bind them to laws and penalties, they
can intend no other but such as are just and righteous; and although
their implicit consent may bind them to outward obedience, yet it
neither ties them to satisfaction, nor frees such law-makers from
unrighteousness, nor the law itself from injustice, nor will such a
law be a sufficient warrant to the conscience of the judge, to pro-
nounce such a sentence as he knows to be apparently disproportion-
able to the offence brought before him.
Although my argument conclude against prescript penalties indefi-
nitely, yet I do not deny but they may be lawful in some cases; for
an universal affirmative position may be true, though it comprehend
not every particular, as when we say, "All the country was rated
to such a charge," no man will conceive that every person and every
woman, etc., was rated; and when we say such an one was cast out
by the whole church, this is a true speech (to common intendment)
though every particular member did not consent. Where any penalty
may be prescribed by a rule, so as the judge may pronounce a just
sentence, I have formerly and shall still join in it.
We will now answer such objections as are made against the
liberty required to be left to judges in their sentences.
i, ob. Judges are subject to temptations, if their sentences be not
prescribed.
Ans. i. We may not transgress rules, to avoid temptations; for
God will have His servants exercised with temptations, that the
power of His grace may be made manifest in man's infirmity. A
master will not send his servant about his business in a dark night,
to avoid temptations of ill-company or the like which he may possibly
meet with in the day time; nor will any Christian man take in his
corn or hay before it be ready, for avoiding a temptation of taking
90 AMERICAN HISTORICAL DOCUMENTS
it in upon the Sabbath. We do not forbid wine to be brought to us,
though we know it is a great occasion of temptation to sin.
2. Those who make laws and prescribe penalties are also men
subject to temptations, and may also miscarry through ignorance,
heedlessness, or sinister respects; and it is not hard to prove, that the
lawmakers, in all states, have committed more, and more pernicious
errors than the judges, and there is good reason for it: (i) they,
supposing themselves tied to no rule, nor liable to any account, are
in the more danger of being mislead; (2) he who prescribes a punish-
ment in a case wherein no person stands before him to be judged,
cannot be so wary of shedding innocent blood, or sparing a guilty
person, or committing other injustice, as the judge who hath the
person and cause before him. When Saul prescribed that capital
sentence against such as should taste aught before night, if Jonathan's
case had then been before him, he could have judged otherwise.
(3) Lawmakers have not so clear a calling in prescribing penalties,
as judges have in passing sentences, and therefore there cannot be
expected the like blessing of assistance from God. Judges are neces-
sarily tied to give sentence in a cause before them, but lawmakers
are not so bound to prescribe sentences.
3. If a judge should sometimes err in his sentence, through mis-
prision or temptation, the error or fault is his own; and the injury
or damage extends not far; but an error in the law resteth upon the
ordinance itself, and the hurt of it may reach far, even to posterity.
There is more righteousness and dishonor in one unjust law than
in many unjust sentences.
2, ob. God prescribed some certain penalties, and that in cases
where offences do usually vary in their degree and merit.
Ans. i. We have showed before, how God might do it, in regard
to His absolute sovereignty.
2. It is no injustice to Him, because the least degree of the smallest
offence (before His judgment seat) deserves the highest degree of
punishment.
3. In some of these (as in theft) He varieth the punishment ac-
cording to the measure and nature of the offence. In others as death,
perpetual solitude, etc., being the just reward of such offences in their
simple nature, they have not a fit subject, for an increase of punish-
AMERICAN HISTORICAL DOCUMENTS 99
ment to take place upon. He who is put to death for adultery cannot
die again for incest concurring therewith, and he who is adjudged to
perpetual servitude for stealing a hundred pounds cannot be capable
of a further sentence for battery.
4. In all or most of those offences, the penalty was in way of
satisfaction to such as were damnified therewith, and in such cases
justice will not allow a judge any liberty to alter or remit any thing,
nor can any circumstance lead to qualification. A rich man hath
the same right of satisfaction for his goods stolen from him as a
poor man, and the poorest man's life is the life of man, as well as a
prince's.
5. These precedents were given to the judges not with direction
to prescribe penalties to other laws that had none, but with command-
ment to give judgment in all cases, by the equity of these: (there are
some forms of prayer and sermons in Scripture, but this doth not
prove ergo all, etc.)
3, ob. If the determination of the law were left to the judges, that
were Arbitrary Government; and is it not in reason the same, if the
punishment of the transgression of the law be committed ?
Ans. The reason is not alike in both cases.
1. The determination of law belongs properly to God: He is the
only lawgiver; but He hath given power and gifts to man to inter-
pret His laws; and this belongs principally to the highest authority
in a commonwealth, and subordinately to other magistrates and
judges according to their several places.
2. The law is always the same, and not changeable by any circum-
stances of aggravation or extenuation, as the penalty is, and there-
fore draws a certain guilt upon every transgressor, whether he sin
of ignorance, or against knowledge, or presumptuously; and there-
fore laws or the interpretations of them, may be prescribed without
any danger, because no event can alter the reason, or justice of them,
as it may of punishments.
3. The law is more general, and lieth as a burden upon all persons
and at all times; but the penalty reaches to none but transgressors,
and to such, only when they are brought under sentence, and not
before.
4. It is needful that all men should know the laws, and their true
IOO AMERICAN HISTORICAL DOCUMENTS
meanings, because they are bound to them, and the safety and welfare
of the commonwealth consists in the observation of them; therefore
it is needful they should be stated and declared as soon as is possible;
but there is not the like necessity or use of declaring their penalties
beforehand, for they who are godly and virtuous, will observe them,
for conscience and virtue's sake; and for such as must be held in by
fear of punishment, it is better they should be kept in fear of a
greater punishment than to take liberty to transgress through the
contempt of a smaller.
4, ob. It is safe for the commonwealth to have penalties prescribed,
because we know not what magistrates or judges we may have
hereafter.
Ans. i. God foresaw that there would be corrupt judges in Israel,
yet He left most penalties to their determination.
2. There is no wisdom of any state can so provide but that in
many things of greatest concernment they must confide in some
men; and so it is in all human affairs: the wisest merchants, and the
most wary, are forced to repose great trust in the wisdom and faith-
fulness of their servants, factors, masters of their ships, etc. All
states, in their generals of war, admirals, ambassadors, treasurers, etc.,
and these are causes of more public consequence than the sentence of
a judge in matters of misdemeanor, or other smaller offences.
3. When we have provided against all common and probable
events, we may and ought to trust God for safety from such dangers
as are only possible, but not likely, to come upon us; especially when
our striving to prevent such possible dangers may hazard the depri-
vation or weakening of a present good, or may draw those or other
evils nearer upon us.
This discourse is run out to more length than was intended: the
conclusion is this: The Government of the Massachusetts consists of
Magistrates and Freemen: in the one is placed the authority, in the
other, the liberty of the commonwealth. Either hath power to act,
both alone, and both together, yet by a distinct power, the one of
liberty, the other of authority. The Freemen act of themselves in
electing their magistrates and officers; the magistrates act alone in
all occurrences out of court; and both act together in the General
Court; yet all limited by certain rules, both in the greater and smaller
AMERICAN HISTORICAL DOCUMENTS 101
affairs, so as the Government is regular in a mixed aristocraty, and no
ways arbitrary.
The returns of the Committee of the House of Deputies concern-
ing the BooJ^ about Arbitrary Government, in the examination
thereof; and the votes of the House passed upon each particular,
viz.:
In the first part thereof:
1. Concerning the definition therein made, we conceive it is
defective.
2. Concerning the distinction therein made of the body politic,
and the members thereof, in attributing authority to the one, and
only liberty to the other, we find not any such distinction in the
Patent.
3. Concerning the clause recited therein (respecting the General
Court) which gives only liberty to the freemen to advise and counsel,
instead of power and authority (which the Patent allows), we con-
ceive it a taking away of the power and privileges of the freemen.
In the second part of the book, which concerns the rule by which
a people should be governed, we find these dangerous positions :
1. That general rules are sufficient to clear a state from Arbitrary
Government.
2. That judges ought to have liberty to vary from such general
rules when they see cause.
In the following of the first of those two positions there are
many dangerous passages, and bitter censuring of all penal laws:
as:
1. That they are paper sentences of human authority and inven-
tion.
2. That men's prescript sentences do deny and exclude both the
wisdom of God, and the authority of the judge.
3. That to prescribe laws with certain penalties is an usurping
of God's authority.
4. That a sentence ought not to be provided before the case fall
out, but immediate assistance to be expected.
5. That particular laws including certain penalties are not just,
wanting rule.
The introduction of particular instances which are brought to
IO2 AMERICAN HISTORICAL DOCUMENTS
prove this second position, with the reasons and consequences, are
pernicious and dangerous.
per Robert Bridges,
By order, etc.
Governor Winthrop's comments on this report, as indorsed by him
on the same sheet on which he had carefully copied it, are as
follows :
Answer: the Committee have been mistaken in most of their
objections.
1. The Title shows that the author intended not any definition,
but a description only, and to make it the more full and clear, he
lays it down both affirmatively and negatively; yet a logician may
frame it into a definition, thus Arbitrary Government is a Govern-
ment exercised without a rule, but the description is false by the
cause and by the effects.
2. There is no such distinction as is observed between the body
politic and the members thereof, for that were to distinguish between
the whole and the parts; but the distinction between the members
of that body, giving authority to the one and power and liberty to
the other, is warranted by the Patent (as in other places so) particu-
larly in that clause which sayeth that the Governor, etc., shall call the
freemen to consult and advise, etc., which is an act of liberty and not
of authority; and for the other part of their power, which is matter of
election, the late Body of Liberties sayeth it is their constant liberty,
not authority.
In the second part:
i. We find not any such position that general rules are sufficient
to clear a state of arbitrary government, but we find that the word
of God and the laws here established being appointed by order of
Court as a rule for the present, are such a rule as may be required by
the judges in all their administrations, because a rule may from
thence be derived (if God give wisdom to discern it) in any par-
ticular case which may fall out; otherwise the Law of God were not
perfect, and from what better grounds shall the lawmakers draw all
future laws and prescribed penalties.
But if the author had expressed himself in the very words of the
position yet it will admit a safe construction, for all laws (not limited
AMERICAN HISTORICAL DOCUMENTS 103
to particular parties or occasions) are general rules, and may be so
called, though they have a certain penalty annexed.
2. Nor will the book own the second position in the words ex-
pressed, but this the judges both from their offices (being God's vice-
gerents ) and from diverse examples in Scripture, which seem to hold
forth so much, that some liberty ought to be left to judges in some
cases, upon special occasions to hold forth the mercy of God, as well
as His justice; nor do we consider that either in the Commonwealth
of Israel, or in any other, the judges have been wholly restrained of
such liberty.
In the following argument:
If the Committee had found such dangerous passages as they
intimate, they should have done well to have imparted their particu-
lar observations therein unto us, that we might have considered of
them, for want whereof it cannot be expected we should deliver any
opinion about them. The like we may say for such bitter censurings
as they mention, only it is usual for men to call such things bitter
which themselves disrelish, though they may be harmless and whole-
some notwithstanding.
For the five particulars mentioned, they are delivered as arguments
or the consectaries thereof, so as the arguments must first be avoided
before any judgment can be given about them.
The examples which the author allegeth out of Scripture are only
to show how God hath sometimes (in His wisdom and mercy) dis-
pensed with the rigor of His own law; and that princes have some-
times done the like upon public or other prevalent considerations,
which cannot be denied to be a truth; and for the warrant they had
for it, being (at the most) disputable, it was as free for him to deliver
them in his own and some other learned and godly men's apprehen-
sions as it is for others who differ therein; and there can be no more
danger in this than in other books and sermons, where the same or
other passages of Scripture are truly reported, though not applied to
the sense of every godly man, as if one should reason thus: David
put the Amorites to torture, therefore, in some cases it is lawful so
to do. This will not be judged a pernicious doctrine, though some
godly men do question the warrantableness of the example. The like
may be said of all such examples in Scripture as are controverted
IO4 AMERICAN HISTORICAL DOCUMENTS
among godly and learned men; but it is otherwise in such places
as are not questionable, as if a man should reason thus: David
sentenced Mephibosheth before he heard him; therefore it is lawful
for judge so to do. This might truly be said to be a pernicious doc-
trine; or if one should argue thus: Saul made a law with a prescript
penalty of death to him that should transgress it; therefore it had
been just that Jonathan should have been put to death for trans-
gressing that law; or therefore it is lawful for princes, etc., to pre-
scribe penalties at their own pleasures; these might be judged to be
pernicious doctrines, because the example is unquestionable, etc.
THE AUTHOR'S REVIEW OF HIS WRITING
That which gave me occasion first to inquire after a rule for
prescript penalties, was the inequality I saw in some prescribed sen-
tences upon the breach of diverse moral laws; and proceeding in this
inquiry, I kept my intention still upon that subject, without respect
to such laws as are merely positive, having their authority only and
wholly from human institutions: therefore you shall find that all
my instances are of that kind, and all my arguments look that way,
as in the instances I bring of the laws of England. If I intended the
positive and statute laws, it had been a great mistake, for I know well
that most of the later Statute Laws have their penalties prescribed,
and it must needs be so, for such as are merely positive; for a judge
can have no rule for his sentence upon the breach of such a law,
except he have it from the law itself : as, for instance, if the law which
forbids any man to kill an hare or partridge with a gun, had not also
set down the penalty, the judge could not have found out any, which
might have been just, because no law of God or nature makes such
an act any offence or transgression. But for the Common Laws of
England (which are the ancient laws, and of far more esteem for
their wisdom and equity than the Statute Laws,) they had no pen-
alties prescribed; and it may be conceived that for such of them as
were grounded upon the Word of God, and the light of nature, there
must needs be that in the same Word, and in the same light of
nature (especially where the image of God in man is in part renewed
by Christ) which may lead us to a just punishment for the trans-
gressor of such a law. Nor do I oppose all prescript penalties in moral
AMERICAN HISTORICAL DOCUMENTS 1 05
cases, but only such as do cross some clear rules in the Word of God,
as will appear by all my arguments. And for avoiding all danger to
the subject for want of prescript penalties in some cases, you may see
that to require some such law to be made, as may limit judges within
such bounds of moderation as may prevent such dangers, and [it] is
one of my express conclusions in the first page, that judges ought to
be tied to a rule, and such a rule as may be required of them in all
their administrations, and therefore upon what ground I should be
charged to assert Arbitrary Government, and that judges should have
liberty to do what they may, I leave to your judgment.
As for laws, you shall find also that I conclude the necessity of
declaring and stating them, so as all the people may know them,
for I ever held it unjust to require of men the obedience of any law
which they may not (by common intendment) take notice of.
Answerable thereunto hath been my practice. All the useful laws we
have had my consent, and such poor help as the Lord enabled me to
yield to them ; some of which have prescribed penalties, and where I
have withheld my consent to any such penalties I have given my
reasons for it, which have been such as in some cases have satisfied
the Court, and therein I have taken no more liberty than is allowed
to every member of the Court. I will not justify every passage in my
book: there are two or three words that offence hath been taken at,
and although I can give a safe account of them, yet I must confess
they do not now please me, but when the matter is good, and the
intention of the writer honest, the Lord forbids us to make a man
an offender in word.
Whatsoever is erroneous (I say as I did from the first) I shall leave
it to its due censure; but for all that is of God, and of the Truth, or
the sincerity of my intentions herein to the public weal, or the liberty
I had by my place to propound such considerations to the Court, if
these be questioned I must stand and fall with them.
JOHN WINTHROP.
THE INSTRUMENT OF
GOVERNMENT
(1653) !
[The Instrument of Government is important in the history of written constitu-
tions. It was adopted by Cromwell and his Council of Officers on December 16, 1653,
and under it Cromwell assumed the office of Lord Protector. When the Parliament
for which it provides met in September, 1654, it passed a constitution of which the
Instrument was the basis.]
THE government of the Commonwealth of England, Scot-
land, and Ireland, and the dominions thereunto belonging.
I. That the supreme legislative authority of the Common-
wealth of England, Scotland, and Ireland, and the dominions there-
unto belonging, shall be and reside in one person, and the people
assembled in Parliament; the style of which person shall be the Lord
Protector of the Commonwealth of England, Scotland, and Ireland.
II. That the exercise of the chief magistracy and the administration
of the government over the said countries and dominions, and the
people thereof, shall be in the Lord Protector, assisted with a council,
the number whereof shall not exceed twenty-one, nor be less than
thirteen.
III. That all writs, processes, commissions, patents, grants, and
other things, which now run in the name and style of the keepers
of the liberty of England by authority of Parliament, shall run in
the name and style of the Lord Protector, from whom, for the future,
shall be derived all magistracy and honours in these three nations;
and have the power of pardons (except in case of murders and trea-
son) and benefit of all forfeitures for the public use; and shall govern
the said countries and dominions in all things by the advice of the
council, and according to these presents and the laws.
IV. That the Lord Protector, the Parliament sitting, shall dispose
and order the militia and forces, both by sea and land, for the peace
and good of the three nations, by consent of Parliament; and that the
106
AMERICAN HISTORICAL DOCUMENTS 1 07
Lord Protector, with the advice and consent of the major part of the
council, shall dispose and order the militia for the ends aforesaid in
the intervals of Parliament.
V. That the Lord Protector, by the advice aforesaid, shall direct
in all things concerning the keeping and holding of a good corre-
spondency with foreign kings, princes, and states; andltlso, with the
consent of the major part of the council, have the power of war
and peace.
VI. That the laws shall not be altered, suspended, abrogated, or
repealed, nor any new law made, nor any tax, charge, or imposition
laid upon the people, but by common consent in Parliament, save
only as is expressed in the thirtieth article.
VII. That there shall be a Parliament summoned to meet at West-
minster upon the third day of September, 1654, and that successively
a Parliament shall be summoned once in every third year, to be
accounted from the dissolution of the present Parliament.
VIII. That neither the Parliament to be next summoned, nor any
successive Parliaments, shall, during the time of five months, to be
accounted from the day of their first meeting, be adjourned, pro-
rogued, or dissolved, without their own consent.
IX. That as well the next as all other successive Parliaments, shall
be summoned and elected in manner hereafter expressed; that is to
say, the persons to be chosen within England, Wales, the Isles of
jersey, Guernsey, and the town of Berwick-upon-Tweed, to sit and
serve in Parliament, shall be, and not exceed, the number of four
hundred. The persons to be chosen within Scotland, to sit and serve
in Parliament, shall be, and not exceed, the number of thirty; and
the persons to be chosen to sit in Parliament for Ireland shall be, and
not exceed, the number of thirty.
X. That the persons to be elected to sit in Parliament from time
to time, for the several counties of England, Wales, the Isles of Jersey
and Guernsey, and the town of Berwick-upon-Tweed, and all places
within the same respectively, shall be according to the proportions
and numbers hereafter expressed: that is to say,
Bedfordshire, 5; Bedford Town, i; Berkshire, 5; Abingdon, i; Reading,
i; Buckinghamshire, 5; Buckingham Town, i; Aylesbury, i; Wycomb,
IO8 AMERICAN HISTORICAL DOCUMENTS
i; Cambridgeshire, 4; Cambridge Town, i; Cambridge University, i;
Isle of Ely, 2; Cheshire, 4; Chester, i; Cornwall, 8; Launceston, i;
Truro, i; Penryn, i; East Looe and West Looe, i; Cumberland, 2;
Carlisle, i; Derbyshire, 4; Derby Town, i; Devonshire, n; Exeter, 2;
Plymouth, 2; Clifton, Dartmouth, Hardness, i; Totnes, i; Barnstable, i;
Tiverton, i; Honiton, i; Dorsetshire, 6; Dorchester, i; Weymouth and
Melcomb-Regis, i; Lyme-Regis, i; Poole, i; Durham, 2; City of Durham,
i; Essex, 13; Maiden, i; Colchester, 2; Gloucestershire, 5; Gloucester, 2;
Tewkesbury, i; Cirencester, i; Herefordshire, 4; Hereford, i; Leominster,
i; Hertfordshire, 5; St. Alban's, i; Hertford, i; Huntingdonshire, 3;
Huntingdon, i; Kent, n; Canterbury, 2; Rochester, i; Maidstone, i;
Dover, i; Sandwich, i; Queenborough, i; Lancashire, 4; Preston, i;
Lancaster, i; Liverpool, i; Manchester, i; Leicestershire, 4; Leicester, 2;
Lincolnshire, 10; Lincoln, 2; Boston, i; Grantham, i; Stamford, i; Great
Grimsby, i; Middlesex, 4; London, 6; Westminster, 2; Monmouthshire,
3; Norfolk, 10; Norwich, 2; Lynn-Regis, 2; Great Yarmouth, 2; North-
amptonshire, 6; Peterborough, i; Northampton, i; Nottinghamshire, 4;
Nottingham, 2; Northumberland, 3; Newcastle-upon-Tyne, i; Berwick,
i; Oxfordshire, 5; Oxford City, i; Oxford University, i; Woodstock, i;
Rutlandshire, 2; Shropshire, 4; Shrewsbury, 2; Bridgnorth, i; Ludlow,
i; Staffordshire, 3; Lichfield, i; Stafford, i; Newcastle-under-Lyme, i;
Somersetshire, n; Bristol, 2; Taunton, 2; Bath, i; Wells, i; Bridgwater,
i; Southamptonshire, 8; Winchester, i; Southampton, i; Portsmouth, i;
Isle of Wight, 2; Andover, i; Suffolk, 10; Ipswich, 2; Bury St. Edmunds,
2; Dunwich, i; Sudbury, i; Surrey, 6; Southwark, 2; Guildford, i;
Reigate, i; Sussex, 9; Chichester, i; Lewes, i; East Grinstead, i; Arundel,
i; Rye, i; Westmoreland, 2; Warwickshire, 4; Coventry, 2; Warwick, i;
Wiltshire, 10; New Sarum, 2; Marlborough, i; Devizes, i; Worcester-
shire, 5; Worcester, 2.
YORKSHIRE. West Riding, 6; East Riding, 4; North Riding, 4; City
of York, 2; Kingston-upon-Hull, i; Beverley, i; Scarborough, i; Rich-
mond, i; Leeds, i; Halifax, i.
WALES. Anglesey, 2; Brecknockshire, 2; Cardiganshire, 2; Carmar-
thenshire, 2; Carnarvonshire, 2; Denbighshire, 2; Flintshire, 2; Gla-
morganshire, 2; Cardiff, i; Merionethshire, i; Montgomeryshire, 2; Pem-
brokeshire, 2; Haverfordwest, i; Radnorshire, 2.
The distribution of the persons to be chosen for Scotland and Ire-
land, and the several counties, cities, and places therein, shall be
according to such proportions and number as shall be agreed
upon and declared by the Lord Protector and the major part of
the council, before the sending forth writs of summons for the next
Parliament.
AMERICAN HISTORICAL DOCUMENTS 1 09
XI. That the summons to Parliament shall be by writ under the
Great Seal of England, directed to the sheriffs of the several and
respective counties, with such alteration as may suit with the present
government, to be made by the Lord Protector and his council, which
the Chancellor, Keeper, or Commissioners of the Great Seal shall
seal, issue, and send abroad by warrant from the Lord Protector.
If the Lord Protector shall not give warrant for issuing of writs of
summons for the next Parliament, before the first of June, 1654, or
for the Triennial Parliaments, before the first day of August in every
third year, to be accounted as aforesaid; that then the Chancellor,
Keeper, or Commissioners of the Great Seal for the time being, shall,
without any warrant or direction, within seven days after the said
first day of June, 1654, seal, issue, and send abroad writs of summons
(changing therein what is to be changed as aforesaid) to the several
and respective sheriffs of England, Scotland, and Ireland, for sum-
moning the Parliament to meet at Westminster, the third day of
September next; and shall likewise, within seven days after the said
first day of August, in every third year, to be accounted from the
dissolution of the precedent Parliament, seal, issue, and send forth
abroad several writs of summons (changing therein what is to be
changed) as aforesaid, for summoning the Parliament to meet at
Westminster the sixth of November in that third year. That the said
several and respective sheriffs, shall, within ten days after the receipt
of such writ as aforesaid, cause the same to be proclaimed and pub-
lished in every market-town within his county upon the market-
days thereof, between twelve and three of the clock; and shall then
also publish and declare the certain day of the week and month, for
choosing members to serve in Parliament for the body of the said
county, according to the tenor of the said writ, which shall be upon
Wednesday five weeks after the date of the writ; and shall likewise
declare the place where the election shall be made : for which purpose
he shall appoint the most convenient place for the whole county to
meet in; and shall send precepts for elections to be made in all and
every city, town, borough, or place within his county, where elections
are to be made by virtue of these presents, to the Mayor, Sheriff, or
other head officer of such city, town, borough, or place, within three
days after the receipt of such writ and writs; which the said Mayors,
IIO AMERICAN HISTORICAL DOCUMENTS
Sheriffs, and officers respectively are to make publication of, and of
the certain day for such elections to be made in the said city, town,
or place aforesaid, and to cause elections to be made accordingly.
XII. That at the day and place of elections, the Sheriff of each
county, and the said Mayors, Sheriffs, Bailiffs, and other head officers
within their cities, towns, boroughs, and places respectively, shall take
view of the said elections, and shall make return into the chancery
within twenty days after the said elections, of the persons elected
by the greater number of electors, under their hands and seals, be-
tween him on the one part, and the electors on the other part; wherein
shall be contained, that the persons elected shall not have power to
alter the government as it is hereby settled in one single person and
a Parliament.
XIII. That the Sheriff, who shall wittingly and willingly make
any false return, or neglect his duty, shall incur the penalty of 2000
marks of lawful English money; the one moiety to the Lord Pro-
tector, and the other moiety to such person as will sue for the same.
XIV. That all and every person and persons, who have aided,
advised, assisted, or abetted in any war against the Parliament, since
the first day of January 1641 (unless they have been since in the
service of the Parliament, and given signal testimony of their good
affection thereunto) shall be disabled and incapable to be elected, or
to give any vote in the election of any members to serve in the next
Parliament, or in the three succeeding Triennial Parliaments.
XV. That all such, who have advised, assisted, or abetted the
rebellion of Ireland, shall be disabled and incapable for ever to be
elected, or give any vote in the election of any member to serve in
Parliament; as also all such who do or shall profess the Roman
Catholic religion.
XVI. That all votes and elections given or made contrary, or not
according to these qualifications, shall be null and void; and if any
person, who is hereby made incapable, shall give his vote for election
of members to serve in Parliament, such person shall lose and forfeit
one full year's value of his real estate, and one full third part of his
personal estate; one moiety thereof to the Lord Protector, and the
other moiety to him or them who shall sue for the same.
XVII. That the persons who shall be elected to serve in Parlia-
AMERICAN HISTORICAL DOCUMENTS III
ment, shall be such (and no other than such) as are persons of known
integrity, fearing God, and of good conversation, and being of the
age of twenty-one years.
XVIII. That all and every person and persons seised or possessed
to his own use, of any estate, real or personal, to the value of 200,
and not within the aforesaid exceptions, shall be capable to elect
members to serve in Parliament for counties.
XIX. That the Chancellor, Keeper, or Commissioners of the Great
Seal, shall be sworn before they enter into their offices, truly and
faithfully to issue forth, and send abroad, writs of summons to Par-
liament, at the times and in the manner before expressed: and in
case of neglect or failure to issue and send abroad writs accordingly,
he or they shall for every such offence be guilty of high treason, and
suffer the pains and penalties thereof.
XX. That in case writs be not issued out, as is before expressed,
but that there be a neglect therein, fifteen days after the time wherein
the same ought to be issued out by the Chancellor, Keeper, or Com-
missioners of the Great Seal; that then the Parliament shall, as often
as such failure shall happen, assemble and be held at Westminster,
in the usual place, at the times prefixed, in manner and by the means
hereafter expressed; that is to say, that the sheriffs of the several and
respective counties, sheriffdoms, cities, boroughs, and places afore-
said, within England, Wales, Scotland, and Ireland, the Chancellor,
Masters, and Scholars of the Universities of Oxford and Cambridge,
and the Mayor and Bailiffs of the borough of Berwick-upon-Tweed
and other places aforesaid respectively, shall at the several courts
and places to be appointed as aforesaid, within thirty days after the
said fifteen days, cause such members to be chosen for their said
several and respective counties, sherifldoms, universities, cities, bor-
oughs, and places aforesaid, by such persons, and in such manner as
if several and respective writs of summons to Parliament under the
Great Seal had issued and been awarded according to the tenor
aforesaid : that if the sheriff, or other persons authorized, shall neglect
his or their duty herein, that all and every such sheriff and person
authorized as aforesaid, so neglecting his or their duty, shall, for every
such offence, be guilty of high treason, and shall suffer the pains and
penalties thereof .
112 AMERICAN HISTORICAL DOCUMENTS
XXI. That the clerk, called the clerk of the Commonwealth in
Chancery for the time being, and all others, who shall afterwards
execute that office, to whom the returns shall be made, shall for the
next Parliament, and the two succeeding Triennial Parliaments, the
next day after such return, certify the names of the several persons so
returned, and of the places for which he and they were chosen
respectively, unto the Council; who shall peruse the said returns,
and examine whether the persons so elected and returned be such
as is agreeable to the qualifications, and not disabled to be elected:
and that every person and persons being so duly elected, and being
approved of by the major part of the Council to be persons not
disabled, but qualified as aforesaid, shall be esteemed a member of
Parliament, and be admitted to sit in Parliament, and not otherwise.
XXII. That the persons so chosen and assembled in manner afore-
said, or any sixty of them, shall be, and be deemed the Parliament of
England, Scotland, and Ireland; and the supreme legislative power
to be and reside in the Lord Protector and such Parliament, in man-
ner herein expressed.
XXIII. That the Lord Protector, with the advice of the major
part of the Council, shall at any other time than is before expressed,
when the necessities of the State shall require it, summon Parliaments
in manner before expressed, which shall not be adjourned, prorogued,
or dissolved without their own consent, during the first three months
of their sitting. And in case of future war with any foreign State,
a Parliament shall be forthwith summoned for their advice con-
cerning the same.
XXIV. That all Bills agreed unto by the Parliament, shall be pre-
sented to the Lord Protector for his consent; and in case he shall not
give his consent thereto within twenty days after they shall be pre-
sented to him, or give satisfaction to the Parliament within the time
limited, that then, upon declaration of the Parliament that the Lord
Protector hath not consented nor given satisfaction, such Bills shall
pass into and become laws, although he shall not give his consent
thereunto; provided such Bills contain nothing in them contrary to
the matters contained in these presents.
XXV. That Henry Lawrence, Esq., &c., z or any seven of them,
1 The names of fifteen members are given here.
AMERICAN HISTORICAL DOCUMENTS 113
shall be a Council for the purposes expressed in this writing; and
upon the death or other removal of any of them, the Parliament shall
nominate six persons of ability, integrity, and fearing God, for every
one that is dead or removed; out of which the major part of the
Council shall elect two, and present them to the Lord Protector, of
which he shall elect one; and in case the Parliament shall not nomi-
nate within twenty days after notice given unto them thereof, the
major part of the Council shall nominate three as aforesaid to
the Lord Protector, who out of them shall supply the vacancy;
and until this choice be made, the remaining part of the Council
shall execute as fully in all things, as if their number were full.
And in case of corruption, or other miscarriage in any of the
Council in their trust, the Parliament shall appoint seven of their
number, and the Council six, who, together with the Lord Chan-
cellor, Lord Keeper, or Commissioners of the Great Seal for
the time being, shall have power to hear and determine such
corruption and miscarriage, and to award and inflict punishment,
as the nature of the offence shall deserve, which punishment
shall not be pardoned or remitted by the Lord Protector; and, in the
interval of Parliaments, the major part of the Council, with the con-
sent of the Lord Protector, may, for corruption or other miscarriage
as aforesaid, suspend any of their number from the exercise of their
trust, if they shall find it just, until the matter shall be heard and
examined as aforesaid.
XXVI. That the Lord Protector and the major part of the Council
aforesaid may, at any time before the meeting of the next Parliament,
add to the Council such persons as they shall think fit, provided the
number of the Council be not made thereby to exceed twenty-one,
and the quorum to be proportioned accordingly by the Lord Pro-
tector and the major part of the Council.
XXVII. That a constant yearly revenue shall be raised, settled,
and established for maintaining of 10,000 horse and dragoons, and
20,000 foot, in England, Scotland and Ireland, for the defence and
security thereof, and also for a convenient number of ships for guard-
ing of the seas; besides 200,000 per annum for defraying the other
necessary charges of administration of justice, and other expenses of
the Government, which revenue shall be raised by the customs,
114 AMERICAN HISTORICAL DOCUMENTS
and such other ways and means as shall be agreed upon by the
Lord Protector and the Council, and shall not be taken away
or diminished, nor the way agreed upon for raising the same
altered, but by the consent of the Lord Protector and the Parlia-
ment.
XXVIII. That the said yearly revenue shall be paid into the public
treasury, and shall be issued out for the uses aforesaid.
XXIX. That in case there shall not be cause hereafter to keep up
so great a defence both at land or sea, but that there be an abatement
made thereof, the money which will be saved thereby shall remain
in bank for the public service, and not be employed to any other use
but by consent of Parliament, or, in the intervals of Parliament, by
the Lord Protector and major part of the Council.
XXX. That the raising of money for defraying the charge of the
present extraordinary forces, both at sea and land, in respect of the
present wars, shall be by consent of Parliament, and not otherwise:
save only that the Lord Protector, with the consent of the major part
of the Council, for preventing the disorders and dangers which might
otherwise fall out both by sea and land, shall have power, until the
meeting of the first Parliament, to raise money for the purposes
aforesaid; and also to make laws and ordinances for the peace and
welfare of these nations where it shall be necessary, which shall be
binding and in force, until order shall be taken in Parliament con-
cerning the same.
XXXI. That the lands, tenements, rents, royalties, jurisdictions
and hereditaments which remain yet unsold or undisposed of, by
Act or Ordinance of Parliament, belonging to the Commonwealth
(except the forests and chases, and the honours and manors belonging
to the same; the lands of the rebels in Ireland, lying in the four
counties of Dublin, Cork, Kildare, and Carlo w; the lands forfeited
by the people of Scotland in the late wars, and also the lands of
Papists and delinquents in England who have not yet compounded),
shall be vested in the Lord Protector, to hold, to him and his succes-
sors, Lords Protectors of these nations, and shall not be alienated but
by consent in Parliament. And all debts, fines, issues, amercements,
penalties and profits, certain and casual, due to the Keepers of the
liberties of England by authority of Parliament, shall be due to the
AMERICAN HISTORICAL DOCUMENTS 115
Lord Protector, and be payable into his public receipt, and shall be
recovered and prosecuted in his name.
XXXII. That the office of Lord Protector over these nations
shall be elective and not hereditary; and upon the death of the Lord
Protector, another fit person shall be forthwith elected to succeed him
in the Government; which election shall be by the Council, who,
immediately upon the death of the Lord Protector, shall assemble
in the Chamber where they usually sit in Council; and, having given
notice to all their members of the cause of their assembling, shall,
being thirteen at least present, proceed to the election; and, before
they depart the said Chamber, shall elect a fit person to succeed in
the Government, and forthwith cause proclamation thereof to be
made in all the three nations as shall be requisite; and the person that
they, or the major part of them, shall elect as aforesaid, shall be, and
shall be taken to be, Lord Protector over these nations of England,
Scotland and Ireland, and the dominions thereto belonging. Pro-
vided that none of the children of the late King, nor any of his line
or family, be elected to be Lord Protector or other Chief Magistrate
over these nations, or any of the dominions thereto belonging. And
until the aforesaid election be past, the Council shall take care of
the Government, and administer in all things as fully as the Lord
Protector, or the Lord Protector and Council are enabled to do.
XXXIII. That Oliver Cromwell, Captain-General of the forces of
England, Scotland and Ireland, shall be, and is hereby declared to be,
Lord Protector of the Commonwealth of England, Scotland and Ire-
land, and the dominions thereto belonging, for his life.
XXXIV. That the Chancellor, Keeper or Commissioners of the
Great Seal, the Treasurer, Admiral, Chief Governors of Ireland and
Scotland, and the Chief Justices of both the Benches, shall be cnosen
by the approbation of Parliament; and, in the intervals of Parliament,
by the approbation of the major part of the Council, to be afterwards
approved by the Parliament.
XXXV. That the Christian religion, as contained in the Scriptures,
be held forth and recommended as the public profession of these
nations; and that, as soon as may be, a provision, less subject to
scruple and contention, and more certain than the present, be made
for the encouragement and maintenance of able and painful teachers,
Il6 AMERICAN HISTORICAL DOCUMENTS
for the instructing the people, and for discovery and confutation of
error, hereby, and whatever is contrary to sound doctrine; and until
such provision be made, the present maintenance shall not be taken
away or impeached.
XXXVI. That to the public profession held forth none shall be
compelled by penalties or otherwise; but that endeavours be used to
win them by sound doctrine and the example of a good conver-
sation.
XXXVII. That such as profess faith in God by Jesus Christ
(though differing in judgment from the doctrine, worship or disci-
pline publicly held forth) shall not be restrained from, but shall be
protected in, the profession of the faith and exercise of their religion;
so as they abuse not this liberty to the civil injury of others and to the
actual disturbance of the public peace on their parts: provided this
liberty be not extended to Popery or Prelacy, nor to such as, under the
profession of Christ, hold forth and practice licentiousness.
XXXVIII. That all laws, statutes and ordinances, and chuses in
any law, statute or ordinance to the contrary of the aforesaid liberty,
shall be esteemed as null and void.
XXXIX. That the Acts and Ordinances of Parliament made for
the sale or other disposition of the lands, rents and hereditaments of
the late King, Queen, and Prince, of Archbishops and Bishops, &c.,
Deans and Chapters, the lands of delinquents and forest-lands, or
any of them, or of any other lands, tenements, rents and heredita-
ments belonging to the Commonwealth, shall nowise be impeached
or made invalid, but shall remain good and firm; and that the securi-
ties given by Act and Ordinance of Parliament for any sum or sums
of money, by any of the said lands, the excise, or any other public
revenue; and also the securities given by the public faith of the
nation, and the engagement of the public faith for satisfaction of
debts and damages, shall remain firm and good, and not be made
void and invalid upon any pretence whatsoever.
XL. That the Articles given to or made with the enemy, and
afterwards confirmed by parliament, shall be performed and made
good to the persons concerned therein; and that such appeals as were
depending in the last Parliament for relief concerning bills of sale of
delinquent's estates, may be heard and determined the next Parlia-
AMERICAN HISTORICAL DOCUMENTS 117
ment, any thing in this writing or otherwise to the contrary not-
withstanding.
XLI. That every successive Lord Protector over these nations shall
take and subscribe a solemn oath, in the presence of the Council, and
such others as they shall call to them, that he will seek the peace,
quiet and welfare of these nations, cause law and justice to be equally
administered; and that he will not violate or infringe the matters and
things contained in this writing, and in all other things will, to his
power and to the best of his understanding, govern these nations
according to the laws, statutes and customs thereof.
XLII. That each person of the Council shall, before they enter
upon their trust, take and subscribe an oath, that they will be true
and faithful in their trust, according to the best of their knowledge;
and that in the election of every successive Lord Protector they shall
proceed therein impartially, and do nothing therein for any promise,
fear, favour or reward.
A HEALING QUESTION
BY SIR HENRY VANE. (1656)
[In 1656, Cromwell issued a proclamation for a general fast to consider the
cause of the continued distracted condition of Britain. In response, Sir Henry Vane,
previously Governor of Massachusetts, and one of the most high-minded statesmen
of the period of the Commonwealth in England, published the following tract,
expounding the principles of civil and religious liberty, and proposing that method
of forming a constitution, through a convention called for the purpose, which was
actually followed in America after the Revolution.]
A HEALING QUESTION PROPOUNDED AND RESOLVED, UPON OCCASION OF THE
LATE PUBLIC AND SEASONABLE CALL TO HUMILIATION, IN ORDER TO
LOVE AND UNION AMONG THE HONEST PARTY, AND WITH A DESIRE TO
APPLY BALM TO THE WOUND BEFORE IT BECOME INCURABLE.
THE question propounded is, What possibility doth yet
remain (all things considered) of reconciling and uniting
the dissenting judgments of honest men within the three
nations, who still pretend to agree in the spirit, justice, and reason
of the same good cause, and what is the means to effect this ?
Answ. If it be taken for granted (as, on the magistrate's part, from
the ground inviting the people of England and Wales to a solemn
day of fasting and humiliation, may not be despaired of) that all
the dissenting parties agree still in the spirit and reason of the same
righteous cause, the resolution seems very clear in the affirmative;
arguing not only for a possibility, but a great probability hereof;
nay, a necessity daily approaching nearer and nearer to compel it,
if any or all of the dissenting parties intend or desire to be safe
from the danger of the common enemy, who is not out of work,
though at present much out of sight and observation.
The grounds of this are briefly these: First, the cause hath still the
same goodness in it as ever, and is, or ought to be, as much in the
hearts of all good people that have adhered to it: it is not less to be
valued now, than when neither blood nor treasure were thought too
dear to carry it on, and hold it up from sinking; and hath the same
omnipotent God, whose great name is concerned in it, as well as
1x8
AMERICAN HISTORICAL DOCUMENTS 119
his people's outward safety and welfare; who knows, also, how to
give a revival to it when secondary instruments and visible means
fail or prove deceitful.
Secondly, The persons concerned and engaged in this cause are
still the same as before, with the advantage of being more tried,
more inured to danger and hardship, and more endeared to one
another, by their various and great experiences, as well of their own
hearts as their fellow-brethren. These are the same still in heart and
desire after the same thing, which is, that, being freed out of the
hands of their enemies, they may serve the Lord without fear, in
holiness and righteousness all the days of their life.
As they have had this great good finally in their aims (if declara-
tions to men and appeals to God signify anything), so, as a requisite
to attain this, they did with great cheerfulness and unanimity draw
out themselves to the utmost in the maintenance of a war, when all
other means, first essayed, proved ineffectual. In the management of
this war, it pleased God, the righteous Judge (who was appealed to
in the controversy), so to bless the counsel and forces of the persons
concerned and engaged in this cause, as in the end to make them
absolute and complete conquerors over their common enemy; and
by this means they had added unto the natural right which was in
them before (and so declared by their representatives in Parliament
assembled), the right of conquest, for the strengthening of their just
claim to be governed by national councils, and successive representa-
tives of their own election and setting up. This they once thought
they had been in possession of, when it was ratified, as it were, in the
blood of the last king. But of late a great interruption having hap-
pened unto them in their former expectations, and, instead thereof,
something rising up that seems rather accommodated to the private
and selfish interest of a particular part (in comparison) than truly
adequate to the common good and concern of the whole body en-
gaged in this cause : hence it is that this compacted body is now fall-
ing asunder into many dissenting parts (a thing not unforeseen nor
unhoped for by the common enemy all along as their last relief);
and if these breaches be not timely healed, and the offences (before
they take too deep root) removed, they will certainly work more to
the advantage of the common enemy than any of their own
I2O AMERICAN HISTORICAL DOCUMENTS
unwearied endeavours and dangerous contrivances in foreign parts
put all together.
A serious discussion and sober enlarging upon these grounds will
quickly give an insight into the state of the question, and naturally
tend to a plain and familiar resolution thereof.
That which is first to be opened is the nature and goodness of the
cause; which, had it not carried in it its own evidence, would scarce
have found so many of the people of God adherers to it within
the three nations, contributing either their counsels, their purses, their
bodily pains, or their affections and prayers, as a combined strength;
without which, the military force alone would have been little avail-
able to subdue the common enemy, and restore to this whole body
their just natural rights in civil things, and true freedom in matters
of conscience.
The two last-mentioned particulars, rightly stated, will evidence
sufficiently the nature and goodness of this cause.
For the first of these, that is to say, the natural right, which the
whole party of honest men adhering to this cause are by success
of their arms restored unto, fortified in, and may claim as their
undeniable privilege, that righteously cannot be taken from them,
nor they debarred from bringing into exercise, it lies in this:
They are to have and enjoy the freedom (by way of dutiful com-
pliance and condescension from all the parts and members of this
society) to set up meet persons in the place of supreme judicature
and authority among them, whereby they may have the use and
benefit of the choicest light and wisdom of the nation that they are
capable to call forth, for the rule and government under which they
will live; and through the orderly exercise of such measure of
wisdom and counsel as the Lord in this way shall please to give
unto them, to shape and form all subordinate actings and adminis-
trations of rule and government so as shall best answer the public
welfare and safety of the whole.
This, in substance, is the right and freedom contained in the nature
and goodness of the cause wherein the honest party have been
engaged; for in this all the particulars of our civil right and freedom
are comprehended, conserved in, and derived from their proper root;
in which, while they grow, they will ever thrive, flourish, and
AMERICAN HISTORICAL DOCUMENTS 121
increase; whereas, on the contrary, if there be never so many fair
branches of liberty planted on the root of a private and selfish inter-
est, they will not long prosper, but must, within a little time, wither
and degenerate into the nature of that whereinto they are planted;
and hence, indeed, sprung the evil of that government which rose in
and with the Norman Conquest.
The root and bottom upon which it stood was not public interest,
but the private lust and will of the conqueror, who by force of arms
did at first detain the right and freedom which was and is due to
the whole body of the people; for whose safety and good, govern-
ment itself is ordained by God, not for the particular benefit of the
rulers, as a distinct and private interest of their own; which yet, for
the most part, is not only preferred before the common good, but
upheld in opposition thereunto. And as at first the conqueror did,
by violence and force, deny this freedom to the people, which was
their natural right and privilege, so he and his successors all along
lay as bars and impediments to the true national interest and public
good, in the very national councils and assemblies themselves, which
were constituted in such a manner as most served for the upholding
of the private interest of their families; and this being challenged
by them as their prerogative, was found by the people assembled
in Parliament most unrighteous, burdensome, and destructive to
their liberty. And when they once perceived that by this engine all
their just rights were like to be destroyed especially (being backed,
as it was, with the power of the militia, which the late king, for
that purpose, had assumed into his hands, and would not, upon the
people's application to him in Parliament, part with into the hands
of that great council, who were best to be intrusted with the nation's
safety), this was the ground of the quarrel, upon a civil account
between the king and his party, and the whole body of adherents
to the cause of the people's true liberty; whereof this short touch
hath been given, and shall suffice for the opening of the first branch
of this clause.
The second branch which remains briefly to be handled is that
which also upon the grounds of natural right is to be laid claim
unto, but distinguishes itself from the former as it respects a more
heavenly and excellent object wherein the freedom is to be exercised
122 AMERICAN HISTORICAL DOCUMENTS
and enjoyed, that is to say, matters of religion, or that concern the
service and worship of God.
Unto this freedom the nations of the world have right and title
by the purchase of Christ's blood, who, by virtue of his death and
resurrection, is become the sole Lord and Ruler in and over the
conscience; for to this end Christ died, rose, and revived, that he
might be Lord both of the dead and of the living, and that every
one might give an account of himself, in all matters of God's wor-
ship unto God and Christ alone, as their own Master, unto whom
they stand or fall in judgment, and are not in these things to be
oppressed, or brought before the judgment-seats of men. For why
shouldst thou set at naught thy brother in matters of his faith and
conscience, and herein intrude into the proper office of Christ, since
we are all to stand at the judgment-seat of Christ, whether governors
or governed, and by his decision only are capable of being declared
with certainty to be in the right or in the wrong?
By virtue, then, of this supreme law, sealed and confirmed in
the blood of Christ unto all men (whose souls he challenges a
propriety in, to bring under his inward rule in the service and wor-
ship of God), it is that all magistrates are to fear and forbear inter-
meddling with giving rule or imposing in those matters. They are
to content themselves with what is plain in their commission, as
ordained of God to be his minister unto men for good, while they
approve themselves the doers of that which is good in the sight of
men, and whereof earthly and worldly judicatures are capable to
make a clear and perfect judgment: in which case the magistrate is
to be for praise and protection to them. In like manner, he is to be
a minister of terror and revenge to those that do evil in matters of
outward practice, converse, and dealings in the things of this life
between man and man, for the cause whereof the judicatures of
men are appointed and set up. But to exceed these limits, as it is
not safe or warrantable for the magistrate (in that he who is higher
than the highest, regards, and will show himself displeased at it),
so neither is it good for the people, who hereby are nourished up in
a biting, devouring, wrathful spirit one against another, and are
found transgressors of that royal law which forbids us to do that
AMERICAN HISTORICAL DOCUMENTS 123
unto another which we would not have them do unto us, were we
in their condition.
This freedom, then, is of high concern to be had and enjoyed,
as well for the magistrate's sake as for the people's common good;
and it consists, as hath been said, in the magistrate forbearing to put
forth the power of rule and coercion in things that God hath ex-
empted out of his commission: so that all care requisite for the
people's obtaining this may be exercised with great ease, if it be
taken in its proper season, and that this restraint be laid upon the
supreme power before it be erected, as a fundamental constitution,
among others, upon which the free consent of the people is given,
to have the persons brought into the exercise of supreme authority
over them and on their behalf; and if, besides, as a further confirma-
tion hereunto, it be acknowledged the voluntary act of the ruling
power, when once brought into a capacity of acting legislatively,
that herein they are bound up, and judge it their duty so to be
(both in reference to God, the institutor of magistracy, and in refer-
ence to the whole body by whom they are intrusted), this great
blessing will hereby be so well provided for that we shall have no
cause to fear, as it may be ordered.
By this means a great part of the outward exercise of anti-Christian
tyranny and bondage will be plucked up by the very roots, which,
till some such course be held in it, will be always apt to renew and
sprout out afresh, under some new form or refined appearances, as
by late years' experience we have been taught: for, since the fall of
the bishops and persecuting presbyteries, the same spirit is apt to
arise in the next sort of clergy that can get the ear of the magistrate,
and pretend to the keeping and ruling the conscience of the gover-
nors, although this spirit and practice hath been all along decried by
the faithful adherents to this cause as a most sore oppression
and insufferable yoke of bondage, most unrighteously kept up
over the consciences of the people, and therefore judged by them
most needful to be taken out of the way; and in this matter the
present governors have been willing very eminently to give their
testimony in their public declarations, however in practice there is
much of grievance yet found among us, though more, in probability,
T24 AMERICAN HISTORICAL DOCUMENTS
from the officiousness of subordinate ministers than any clear purpose
or design of the chief in power.
Having thus showed what the true freedom is, in both the
branches of it, that shines forth in the righteous cause, wherein the
good people of these nations have so deeply engaged, it will not be
improper, in the next place, to consider two particulars more that
give still farther light into the matter in question, as, first, the qualifi-
cations of the persons that have adhered to this cause; secondly, the
capacity wherein they have been found from time to time carrying
it on.
As to their qualification, they have, in the general, distinguished
themselves and been made known by a forwardness to assist and
own the public welfare and good of the nation, for the attaining
and preserving the just rights and liberties thereof, asserted and
witnessed unto in the true stating of this cause, according to the two
branches thereof already spoken to. They have showed themselves,
upon all occasions, desirers and lovers of true freedom, either in
civils or in spirituals, or in both. To express their value thereof, and
faithfulness to the same, they have largely contributed, in one kind
or other, what was proper to each in his place to do; which actions
of theirs proceeding' from hearts sincerely affected to the cause,
created in them a right to be of an incorporation and society by
themselves, under the name of the good party, having been from
the beginning unto this day publicly and commonly so acknowl-
edged, by way of distinction from all neuters, close and open enemies,
and deceitful friends or apostates. These, in order to the maintain-
ing of this cause, have stood by the army, in defence and support
thereof, against all opposition whatever, as those that, by the grow-
ing light of these times, have been taught and led forth in their
experiences to look above and beyond the letter, form, and outward
circumstances of government, into the inward reason and spirit
thereof, herein only to fix and terminate, to the leaving behind all
empty shadows that would obtrude themselves in the place of true
freedom.
Secondly, as to the capacity wherein these persons, thus qualified,
have acted, it hath been very variable, and subject to great changes:
sometimes in one form, and sometimes in another, and very seldom,
AMERICAN HISTORICAL DOCUMENTS 125
if ever at all, so exactly and in all points consonant to the rule of
former laws and constitutions of government as to be clearly and
fully justified by them any longer than the law of success and con-
quest did uphold them who had the inward warrant of justice and
righteousness to encourage them in such their actings.
The utmost and last reserve, therefore, which they have had, in case
all other failed, hath been their military capacity, not only strictly
taken for the standing army, but in the largest sense, wherein the
whole party may (with the army, and under that military constitu-
tion and conduct which, by the providence of God, they shall then
be found in) associate themselves in the best order they can for the
common defence and safety of the whole; as not ignorant that when
once embodied in this their military posture, in such manner as by
common consent shall be found requisite for the safety of the body,
they are most irresistible, absolute, and comprehensive in their
power, having that wherein the substance of all government is con-
tained, and under the protection whereof, and safety that may be
maintained thereby, they can contrive and determine in what man-
ner this irresistible, absolute, and boundless power, unto which they
are now arrived in this their military capacity, shall have just and
due limits set unto it, and be drawn out in a meet and orderly way
of exercise for the commonweal and safety of the whole body, under
the rule and oversight of a supreme judicature, unto the wisdom
of whose laws and orders the sword is to become most entirely
subject and subservient; and this without the least cause of jealousy
or unsafety, either to the standing army, or any member thereof, or
unto the good people adhering to this cause, or any of them, since
the interest of both, by this mutual action of either, will be so com-
bined together in one (even in that wherein before they were
distinct) , that all jast cause of difference, fear, animosity, emulation,
jealousy, or the like, will be wholly abolished and removed.
For when once the whole body of the good people find that the
military interest and capacity is their own, and that into which
necessity at the last may bring the whole party (whereof, of right,
a place is to be reserved for them), and that herein they are so far
from being in subjection or slavery, that in this posture they are most
properly sovereign, and possess their right of natural sovereignty,
126 AMERICAN HISTORICAL DOCUMENTS
they will presently see a necessity of continuing ever one with their
army, raised and maintained by them for the promoting this cause
against the common enemy, who in his next attempt will put for
all with greater desperateness and rage than ever.
Again, when once the standing army and their governors shall
also find that, by setting and keeping up themselves in a divided
interest from the rest of the body of honest men, they withhold from
themselves those contributions in all voluntary and cheerful as-
sistances, by the affections and prayers, by the persons and purses
of the good party, to the weakening themselves thereby, as to any
vigorous support from them, in the times of most imminent danger
(whereof the late king had an experience, that will not suddenly
be out of memory, when he undertook the war, in the beginning
of these troubles, against the Scots, and was, in a manner, therein
deserted by all the good party in England), they will then find (if
they stay not till it be too late) that, by espousing the interest of
the people, in submitting themselves with their fellow-adherents
to the cause, under the rule and authority of their own supreme
judicature, they lose not their power or sovereignty, but, becoming
one civil or politic incorporation with the whole party of honest
men, they do therein keep the sovereignty, as originally seated in
themselves, and part with it only but as by deputation and repre-
sentation of themselves, when it is brought into an orderly way of
exercise, by being put into the hands of persons chosen and in-
trusted by themselves to that purpose.
By this mutual and happy transition, which may be made between
the party of honest men in the three nations virtually in arms, and
those actually so now in power at the head of the army; how
suddenly would the union of the whole body be consolidated, and
made so firm as it will not need to fear all the designs and attempts
of the common enemy, especially if herein they unite themselves
in the first place to the Lord, as willing to follow his providence,
and observe his will in the way and manner of bringing this to
pass! in which -case we shall not need to fear what all the gates
of hell are able to do in opposition thereunto.
It is not, then, the standing and being of the present army and
military forces in the three nations that is liable to exception of of-
AMERICAN HISTORICAL DOCUMENTS I2y
fence from any dissenting judgments at this time among the honest,
well-affected party. In and with them, under God, stand the wel-
fare and outward safety of the whole body; and to be enemies to
them, or wish them hurt, were to do it to themselves; and, by try-
ing such conclusions, to play the game of the common enemy, to
the utter ruin and destruction, not only of the true freedom aimed
at and contended for in the late wars, but of the very persons them-
selves that have been in any sort active or eminent promoters thereof.
The army, considered as it is in the hands of an honest and wise
general, and sober, faithful officers, embodied with the rest of the
party of honest men, and espousing still the same cause, and acting
in their primitive simplicity, humility, and trust, in reference to the
welfare and safety of the whole body, is the only justifiable and most
advantageous posture and capacity that the good party at present
can find themselves in, in order to the obtaining that true freedom
they have fought for, and possessing of it in the establishment
thereof upon the true basis and foundation, as hath been showed,
of right government.
That wherein the offence lies, and which causes such great
thoughts of heart among the honest party (if it may be freely
expressed, as sure it may, when the magistrate himself professes he
doth but desire and wait for conviction therein), is, in short, this:
That when the right and privilege is returned, nay, is restored
by conquest unto the whole body (that forfeited not their interest
therein), of freely disposing themselves in such a constitution of
righteous government as may best answer the ends held forth in
this cause; that, nevertheless, either through delay they should be
withheld as they are, or through design they should come at last
to be utterly denied the exercise of this their right, upon pretence
that they are not in capacity as yet to use it, which, indeed, hath
some truth in it, if those that are now in power, and have the com-
mand of the arms, do not prepare all things requisite thereunto, as
they may, and, like faithful guardians to the Commonwealth, admit-
ted to be in its nonage, they ought.
But if the bringing of true freedom into exercise among men,
yea, so refined a party of men, be impossible, why hath this been
concealed all this while? and why was it not thought on before
128 AMERICAN HISTORICAL DOCUMENTS
so much blood was spilt, and treasure spent? Surely such a thing
as this was judged real and practicable, not imaginary and no-
tional.
Besides, why may it not suffice to have been thus long delayed
and withheld from the whole body, at least as to its being brought
by them into exercise now at last? Surely the longer it is withheld,
the stronger jealousies do increase, that it is intended to be assumed
and engrossed by a part only, to the leaving the rest of the body
(who, in all reason and justice, ought to be equally participants with
the other in the right and benefit of the conquest, for as much as
the war was managed at the expense and for the safety of the whole)
in a condition almost as much exposed, and subject to be imposed
upon, as if they had been enemies and conquered, not in any sense
conquerors.
If ever such an unrighteous, unkind, and deceitful dealing with
brethren should happen, although it might continue above the
reach of question from human judicature, yet can we think it pos-
sible it should escape and go unpunished by the immediate hand of
the righteous Judge of the whole world, when he ariseth out of his
place to do right to the oppressed,
Nay, if, instead of favouring and promoting the peopie s common
good and welfare, self-interest and private gain should evidently
appear to be the things we have aimed at all along; if those very
tyrannical principles and anti-Christian relics, which God by us
hath punished in our predecessors, should again revive, spring up
afresh, and show themselves lodged also and retained in our bosoms,
rendering us of the number of those that have forgot they were
purged from their old sins, and declaring us to be such as, to please
a covetous mind, do withhold from destruction that which God
hath designed to the curse of his vengeance: if all those great ad-
vantages of serving the Lord's will and design in procuring and
advancing his people's true welfare and outward safety, which (as
the fruit of his blessing upon our armies) have so miraculously
fallen into our hands, shall at last be wrested and misimproved to
the enriching and greatening of ourselves if these things should
ever be found among us (which the Lord in mercy forbid!), shall
we need to look any farther for the accursed thing? will not our
AMERICAN HISTORICAL DOCUMENTS 129
consciences show us, from the light of the Word and Spirit of God,
how near a conformity these actions would hold therewith? which
sin (Josh., vii.) became a curse to the camp, and withheld the Lord
from being any more among them, or going out with their forces.
And did the action of Achan import any more than these two
things: First, he saved and kept from destruction the goodly Baby-
lonish garment, which was devoted by God thereunto; secondly,
he brought not in the fruit and gain of the conquest into the Lord's
treasury, but covetously went about to convert it to his own proper
use ? To do this is to take of the accursed thing, which (Josh., vii.)
all Israel was said to do in the sin of Achan, and to have stolen and
dissembled likewise, and put it among their own stuff. This caused
the anger of the Lord to kindle against Israel, and made them
unable to stand before their enemies, but their hearts melted as
water. And thus far the Lord is concerned, if such an evil as this
shall lie hid in the midst of us. But to return to what we were
upon before.
The matter which is in question among the dissenting parts of
the whole body of honest men is not so trivial and of such small
consequence as some would make it. 'Tis, in effect, the main and
whole of the cause; without which all the freedom which the people
have or can have is in comparison but shadow and in name only,
and therefore can never give that peace and satisfaction to the body
which is requisite unto a durable and solid settlement. This is that
which makes all sound and safe at the root, and gives the right
balance necessary to be held up between sovereignty and subjection
in the exercise of all righteous government; applying the use of
the sword to the promoting and upholding the public safety and
welfare of the whole body, in preference, and, if need be, in op-
position unto any of the parts; while yet, by its equal and impartial
administration in reference unto each, it doth withal maintain the
whole body in a most delightful harmony, welfare, and correspond-
ency. The sword never can, nor is it to be expected ever will do
this, while the sovereignty is admitted and placed anywhere else
than in the whole bdy of the people that have adhered to the cause,
and by them be derived unto their successive representatives, as the
most equal and impartial judicature for the effecting hereof.
I3O AMERICAN HISTORICAL DOCUMENTS
Where there is, then, a righteous and good constitution of govern-
ment, there is first, an orderly union of many understandings to-
gether, as the public and common supreme judicature or visible
sovereignty, set in a way of free and orderly exercise, for the direct-
ing and applying the use of the ruling power or the sword, to pro-
mote the interest and common welfare of the whole, without any
disturbance or annoyance from within or from without; and then,
secondly, there is a like union and readiness of will in all the individ-
uals, in their private capacities, to execute and obey (by all the
power requisite, and that they are able to put forth) those sovereign
laws and orders issued out by their own deputies and trustees.
A supreme judicature, thus made the representative of the whole,
is that which, we say, will most naturally care, and most equally
provide for the common good and safety. Though by this it is not
denied but that the supreme power, when by free consent 'tis placed
in a single person or in some few persons, may be capable also to
administer righteous government; at least, the body that gives this
liberty, when they need not, are to thank themselves if it prove
otherwise. But when this free and natural access unto government
is interrupted and declined, so as a liberty is taken by any particular
member, or number of them, that are to be reputed but a part in
comparison of the whole, to assume and engross the office of
sovereign rule and power, and to impose themselves as the com-
petent public judge of the safety and good of the whole, without
their free and due consent, and to lay claim unto this, as those that
find themselves possessed of the sword (and that so advantageously
as it cannot be recovered again out of their hands without more
apparent danger and damage to the whole body than such attempts
are worth), this is that anarchy that is the first rise and step to
tyranny, and lays grounds of manifest confusion and disorder, ex-
posing the ruling power to the next hand that on the next op-
portunity can lay hold on the sword, and so, by a kind of necessity,
introduces the highest imposition and bondage upon the whole
body, in compelling all the parts, though never so much against the
true public interest, to serve and obey, as their sovereign rule and
supreme authority, the arbitrary will and judgment of those that
bring themselves into rule by the power of the sword, in the right
AMERICAN HISTORICAL DOCUMENTS
only of a part that sets up itself in preference before, or at least in
competition with, the welfare of the whole.
And if this, which is so essential to the wellbeing and right con-
stitution of government, were once obtained, the disputes about the
form would not prove so difficult, nor find such opposition, as to
keeping the bone of contention and disunion, with much danger
to the whole; for if, as the foundation of all, the sovereignty be
acknowledged to reside originally in the whole body of adherents
to this cause (whose natural and inherent right thereunto is of a
far ancienter date than what is obtained by success of their arms, and
so cannot be abrogated even by conquest itself, if that were the
case), and then if, in consequence hereof, a supreme judicature be
set up and orderly constituted, as naturally arising and resulting
from the free choice and consent of the whole body taken out from
among themselves, as flesh of their flesh and bone of their bone, of
the same public spirit and nature with themselves, and the main be
by this means secured, what could be propounded afterward as to
the form of administration that would much stick?
Would a standing council of state, settled for life, in reference to
the safety of the Commonwealth, and for the maintaining inter-
course and commerce with foreign states, under the inspection and
oversight of the supreme judicature, but of the same fundamental
constitution with themselves would this be disliked? admitting
their orders were binding, in the intervals of supreme national as-
semblies, so far only as consonant to the settled laws of the Common-
wealth, the vacancy of any of which, by death or otherwise, might
be supplied by the vote of the major part of themselves: nay, would
there be any just exception to be taken if (besides both these) it
should be agreed (as another part of the fundamental constitution
of the government) to place that branch of sovereignty which chiefly
respects the execution of laws in a distinct office from that of the
legislative power (and yet subordinate to them and to the laws),
capable to be intrusted into the hands of one single person, if need
require, or in a greater number, as the legislative power should
think fit; and, for the greater strength and honour unto this office,
that the execution of all laws and orders (that are binding) may go
forth in his or their name, and all disobedience thereunto, or con-
132 AMERICAN HISTORICAL DOCUMENTS
tempt thereof, be taken as done to the people's sovereignty, whereof
he or they bear the image or representation, subordinate to the
legislative power, and at their will to be kept up and continued in
the hands of a single person or more, as the experience of the future
good or evil of it shall require?
Would such an office as this, thus stated, carry in it any inconsist-
ency with a free state? Nay, if it be well considered, would it not
rather be found of excellent use to the wellbeing of magistracy,
founded upon this righteous bottom, that such a lieutenancy of the
people's sovereignty in these three nations may always reside in
some one or more person, in whose administration that which is
reward and punishment may shine forth?
And if now it shall be objected that (notwithstanding all these
cautions), should once this sovereignty be acknowledged to be in
the diffused body of the people (though the adherents to this cause,
not only as their natural, but as their acquired right by conquest),
they would suddenly put the use and exercise of the legislative
power into such hands as would, through their ill qualifiedness to
the work, spoil all by mal-administration thereof, and hereby lose
the cause instead of upholding and maintaining it.
The answer unto this is, first, that God, by his providence, hath
eased our minds much in this solicitude by the course he hath
already taken to fit and prepare a choice and selected number of
the people unto this work, that are tried and refined by their inward
and outward experiences in this great quarrel, and the many
changes they have passed through; in respect whereof well qualified
persons are to be found, if due care be but taken in the choice of
them. And if herein this people of the Lord shall be waiting upon
him for his guidance and presence with them, we may have grounds
and hope that God (whose name hath all along been called upon
in the maintaining of this cause) will pour out so abundantly of
his spirit upon his people attending on him in righteous ways, and
will also move their hearts to choose persons bearing his image
into the magistracy, that a more glorious product may spring up
out of this than at first we can expect, to the setting up of the Lord
himself as chief judge and lawgiver among us. And unto this the
wisdom and honesty of the persons now in power may have an
AMERICAN HISTORICAL DOCUMENTS 133
opportunity eminently to come into discovery; for in this case, and
upon the grounds already laid, the very persons now in power are
they unto whose lot it would fall to set about this preparatory work,
and by their orders and directions to dispose the whole body, and
bring them into the meetest capacity to effect the same, the most
natural way for which would seem to be by a general council, or
convention of faithful, honest, and discerning men, chosen for that
purpose by the free consent of the whole body of adherents to this
cause in the several parts of the nations, and observing the time and
place of meeting appointed to them (with other circumstances con-
cerning their election) by order from the present ruling power, but
considered as general of the army:
Which convention is not properly to exercise the legislative power,
but only to debate freely, and agree upon the particulars that by
way of fundamental constitutions shall be laid and inviolably ob-
served as the conditions upon which the whole body so represented
doth consent to cast itself into a civil and politic incorporation, and
under the visible form and administration of government therein
declared, and to be by each individual member of the body sub-
scribed in testimony of his or their particular consent given there-
unto: which conditions so agreed (and among them an Act of Ob-
livion for one) will be without danger of being broken or departed
from, considering of what it is they are the conditions, and the nature
of the convention wherein they are made, which is of the people
represented in their highest state of sovereignty, as they have the
sword in their hands unsubjected unto the rules of civil govern-
ment, but what themselves orderly assembled for that purpose do
think fit to make. And the sword, upon these conditions, subjecting
itself to the supreme judicature thus to be set up, how suddenly
might harmony, righteousness, love, peace, and safety unto the
whole body follow hereupon, as the happy fruit of such a settlement,
if the Lord have any delight to be among us!
And this once put in a way, and declared for by the general and
army (as that which they are clearly convinced, in the sight of God,
is their duty to bring about, and which they engage accordingly
to see done) how firmly and freely would this oblige the hearts
and persons, the counsels and purses, the affections and prayers,
134 AMERICAN HISTORICAL DOCUMENTS
with all that is in the power of this whole party to do, in way of
assistance and strengthening the hands of those now in power,
whatever straits and difficulties they may meet with in the mainte-
nance of the public safety and peace!
This, then, being the state of our present affairs and differences,
let it be acknowledged on all hands, and let all be convinced that
are concerned, that there is not only a possibility, but a probability,
yea, a compelling necessity, of a firm union in this great body, the
setting of which in joint and tune again, by a spirit of meekness
and fear of the Lord, is the work of the present day, and will prove
the only remedy under God to uphold and carry on this blessed
cause and work of the Lord in the three nations, that is already
come thus far onward in its progress to its desired and expected
end of bringing in Christ, the desire of all nations, as the chief
Ruler among us.
Now unto this reuniting work let there be a readiness in all the
dissenting parts from the highest to the lowest, by cheerfully coming
forth to one another in a spirit of self-denial and love instead of war
and wrath, and to cast down themselves before the Lord, who is
the father of all their spirits, in self-abasement and humiliation, for
the mutual offence they have been in, for some time past, one unto
another, and great provocation unto God, and reproach unto his
most glorious name, who expected to have been served by them
with reverence and godly fear; for our God is a consuming fire.
And, as an inducement unto this, let us assure ourselves the
means of effecting it will not prove so difficult as other things that
have been brought about in the late war, if the minds and spirits
of all concerned were once well and duly prepared hereunto by a
kindly work of self-denial and self-abasement, set home by the spirit
of the Lord upon their consciences, which, if he please, he may do
we know not how soon : nay, we shall behold with a discerning eye
the inside of that work which God hath been doing among us the
three years last past: it would seem chiefly to have been his aim
to bring his people into such a frame as this; for in this tract of
time there hath been (as we may say) a great silence in heaven,
as if God were pleased to stand still and be as a looker on, to see
what his people would be in their latter end, and what work they
AMERICAN HISTORICAL DOCUMENTS 135
would make of it, if left to their own wisdom and politic con-
trivances. And as God hath had the silent part, so men, and that
good men too, have had the active and busy part, and have, like
themselves, made a great sound and noise, like the shout of a king
in a mighty host; which, while it hath been a sound only and no
more, hath not done much hurt as yet; but the fear and jealousy
thereby caused, hath put the whole body out of frame, and made
them apt to fall into great confusions and disorder.
And if there be thus arisen a general dissent and disagreement
of parts (which is not, nor ought to be, accounted the less consider-
able because it lies hid and kept in under a patient silence), why
should there not be as general a confession and acknowledgment
of what each may find themselves overtaken in, and cannot but
judge themselves faulty for? this kind of vent being much better
than to have it break out in flames of a forward and untimely
wrathful spirit, which never works the righteousness of God, espe-
cially since what hath been done among us may probably have been
more the effect of temptation than the product of any malicious
design; and this sort of temptation is very common and incident to
men in power (how good soever they may be) to be overtaken in,
and thereupon do sudden unadvised actions, which the Lord pardons
and overrules for the best, evidently making appear that it is the
work of the weak and fleshly part, which his own people carry
about with them too much unsubdued; and therefore the Lord
thinks fit, by this means, to show them the need of being beholden
to their spiritual part to restore them again, and bring them into
their right temper and healthful constitution.
And thus, while each dissenting part is aggravating upon it self-
faultiness and blame, and none excusing, but all confessing they
deserve, in one sort or other, reproof, if not before men, yet in God's
sight, who knows how soon it may please God to come into this
broken, contrite, and self-denying frame of spirit in the good people
within the three nations, and own them, thus truly humbled and
abased, for his temple and the place of his habitation and rest, where-
in he shall abide forever? of whom it may be said, God is in the
midst of her, she shall not be moved; God shall help her, and that
right early, or with his morning appearance; at which time he will
136 AMERICAN HISTORICAL DOCUMENTS
sit silent no longer, but Heaven will speak again, and become active
and powerful in the spirits and hearts of honest men, and in the
works of his providences, when either they go out to fight by sea or
by land, or remain in council and debates at home for the public
weal, and again hear the prayers of his people, and visibly own them
as a flock of holy men, as Jerusalem in her solemn feasts: "I will
yet for this be inquired of by the house of Israel, saith the Lord, to
do it for them : and then they shall know that I the Lord their God
am with them, and that they are my people, and that ye my flock,
the flock of my pasture, are men that have showed yourselves weak,
sinful men, and I am your God, that have declared myself an all-
wise and powerful God, saith the Lord God."
POSTSCRIPT
READER, Upon the perusal of this discourse, thou wilt quickly
perceive that these two things are principally aimed at in it by the
author: First, to answer in some measure that which is called for
by those in power, when they publicly profess they desire nothing
more than conviction, and to find out the hidden provocations which
either have or yet may bring forth the Lord against these nations,
in the way which at present they are in.
Secondly, to remove out of the minds and spirits of the honest
party, that still agree in the reason and justice of the good old cause,
all things of a private nature and selfish concern (the tendency
whereof serves but to foment and strengthen wrath and divisions
among them), and in place thereof to set before them that common
and public interest, which, if with sincerity embraced, may be the
means of not only procuring a firm union among them, but also of
conserving them herein.
In order to do this, the author hath not been willing so much
to declare his own opinion, or deliver any positive conclusions, as
to discuss the business by way of question and answer, and thereby
make as near a conjecture as he can of that wherein the several dis-
senting parts may with better satisfaction meet together, and agree
upon a safe and righteous bottom, than to remain at the distance
they do, to the apparent advantage of the common enemy, the ap-
proaching ruin of themselves, and needless hazard, if not loss, of
AMERICAN HISTORICAL DOCUMENTS 137
the cause they have been so deeply engaged in; especially considering
that, when once they shall be found beginning to come forth to
one another in such a condescending, self-denying spirit, cleansed
from the stain of hypocrisy and deceit, they may be well assured
that light will spring up among them more and more unto a
perfect day; and then those things which at present we have next
in view, will prove as shadows ready to flee away before the morning
brightness of Christ's heavenly appearance and second coming,
through which they will be heightened and improved to their full
maturity, to the bringing in that kingdom of his that shall never
be moved.
And because an essay hath been already made in a private way
to obtain the first thing, that is to say, conviction, which chiefly is
in the hand of the Lord to give, the same obligation lies upon the
author, with respect to the second, for the exposing of it as now it is
unto public view, and therein leaving it also with the Lord for his
blessing thereunto.
ELIOT'S BRIEF NARRATIVE 1
(1670)
[John Eliot (1604-1690), "The Apostle to the Indians," came to New England
in 163-1, and began his ministrations to the Indians in their own language in 1646.
His great work, the translation of the Bible into the tongue of the Massachusetts
indians, was finished in 1658 and published 1661-63. He wrote a number of
reports on the progress of Christianity among the Indians, of which the Brief Narra-
tive was the last. This pamphlet gives an interesting picture of the conditions of
evangelisation among the natives at the end of the first generation of intercourse
with the colonists. The movement which was so vigorously started by Eliot was
checked before his death by King Philip's war, 1675-6.]
To THE RIGHT WORSHIPFUL THE COMMISSIONERS UNDER HIS MAJESTIES'
GREAT-SEAL, FOR PROPAGATION OF THE GOSPEL AMONGST THE
POOR BLIND INDIANS IN NEW-ENGLAND.
RIGHT WORSHIPFUL AND CHRISTIAN GENTLEMEN:
THAT brief Tract of the present state of the Indian-Work^
in my hand, which I did the last year on the sudden present
you with when you call'd for such a thing; That falling
short of its end, and you calling for a renewal thereof, with op-
portunity of more time, I shall begin with our last great motion in
that Work done this Summer, because that will lead me to begin
with the state of the Indians under the hands of my Brethren Mr.
Mahew and Mr. Bourn.
Upon the iyth day of the 6th month, 1670, there was a Meeting at
Mafyapog near Sandwich in Plimouth-Pattent, to gather a Church
among the Indians: There were present six of the Magistrates, and
many Elders, (all of them Messengers of the Churches within that
Jurisdiction) in whose presence, in a day of Fasting and Prayer,
1 The full tide of this tract was as follows:
A Brief Narrative of the Progress of the Gospel amongst the Indians in New Eng-
land, in the Year 1670, given in by the Reverend Mr. JOHN ELIOT, Minister of the
Gospel there, in a LETTER by him directed to the Right Worshipfull the COMMISSIONERS
under his Majesties Great-Seal for Propagation of the Gospel amongst the poor blind
Natives in those United Colonies. LONDON, Printed for John Allen, formerly living
in Little-Britain at the Rising-Sun, and now in Went worth street near Bell-Lane, 1671.
138
AMERICAN HISTORICAL DOCUMENTS 139
they making confession of the Truth and Grace of Jesus Christ, did
in that solemn Assembly enter into Covenant, to walk together in
the Faith and Order of the Gospel; and were accepted and declared
to be a Church of Jesus Christ. These Indians being of kin to our
Massachuset-Indians who first prayed unto God, conversed with
them, and received amongst them the light and love of the Truth;
they desired me to write to Mr. Levered ge to teach them: He ac-
cepted the Motion: and performed the Work with good success; but
afterwards he left that place, and went to Long-Island, and there a
godly Brother, named Richard Bourne (who purposed to remove
with Mr. Leveredge, but hindered by Divine Providence) undertook
the teaching of those Indians, and hath continued in the work with
good success to this day; him we ordained Pastor: and one of the
Indians, named ]ude, should have been ordained Ruling-Elder, but
being sick at that time, advice was given that he should be ordained
with the first opportunity, as also a Deacon to manage the present
Sabbath-day Collections, and other [4] parts of that Office in their
season. The same day also were they, and such of their Children
as were present, baptized.
From them we passed over to the Vineyard, where many were
added to the Church both men and women, and were baptized all
of them, and their Children also with them; we had the Sacrament
of the Lords Supper celebrated in the Indian-Church, and many of
the English-Church gladly joyned with them; for which cause it
was celebrated in both languages. On a day of Fasting and Prayer,
Elders were ordained, two Teaching-Elders, the one to be a Preacher
of the Gospel, to do the Office of a Pastor and Teacher; the other
to be a Preacher of the Gospel, to do the Office of a Teacher and
Pastor, as the Lord should give them ability and opportunity; Also
two Ruling-Elders, with advice to ordain Deacons also, for the
Service of Christ in the Church. Things were so ordered by the
Lord's guidance, that a Foundation is laid for two Churches more;
for first, these of the Vineyard dwelling at too great a distance to
enjoy with comfort their Sabbath-communion in one place, Advice
was given them, that after some experience of walking together in
the Order and Ordinances of the Gospel, they should issue forth
into another Church; and the Officers are so chosen, that when they
140 AMERICAN HISTORICAL DOCUMENTS
shall do so, both Places are furnished with a Teaching and Ruling-
Elder.
Also the Teacher of the Praying Indians of Nantu{et, with a
Brother of his were received here, who made good Confessions of
Jesus Christ; and being asked, did make report unto us that there
be about ninety Families who pray unto God in that Island, so
effectual is the Light of the Gospel among them. Advice was given,
that some of the chief Godly People should joyn to this Church,
(for they frequently converse together, though the Islands be seven
leagues asunder) and after some experience of walking in the Order
of the Gospel, they should issue forth into Church-estate among
themselves, and have Officers ordained amongst them.
The Church of the Vineyard were desirous to have chosen Mr.
Mahew to be their Pastor: but he declined it, conceiving that in
his present capacity he lieth under greater advantages to stand their
Friend, and do them good, to save them from the hands of such as
would bereave them of their Lands, &c., but they shall alwayes have
his counsel, instruction and management in all their Church-affairs,
as hitherto they have had; he will die in this service of Jesus Christ.
The Praying-Indians of both these islands depend on him, as God's
Instrument for their good. [5] Advice also was given for the setling
of Schools; every Child capable of learning, equally paying, whether
he make use of it or no : Yet if any should sinfully neglect Schooling
their Youth, it is a transgression liable to censure under both Orders,
Civil and Ecclesiastical, the offence being against both. So we walk
at Natic^.
In as much as now we. have ordained Indian Officers unto the
Ministry of the Gospel, it is needful to add a word or two of Apol-
ogy: I find it hopeless to expect English Officers in our Indian
Churches; the work is full of hardship, hard labour, and chargeable
also, and the Indians not yet capable to give considerable support and
maintenance; and Men have bodies, and must live of the Gospel:
And what comes from England is liable to hazard and uncertainties.
On such grounds as these partly, but especially from the secret wise
governance of Jesus Christ, the Lord of the Harvest, there is no ap-
pearance of hope for their souls feeding in that way: they must be
trained up to be able to live of themselves in the ways of the Gospel
AMERICAN HISTORICAL DOCUMENTS
of Christ; and through the riches of God's Grace and Love, sundry
of themselves who are expert in the Scriptures, are able to teach each
other : An English young man raw in that language, coming to teach
among our Christian-Indians, would be much to their loss; there be
of themselves such as be more able, especially being advantaged
that he speaketh his own language, and knoweth their manners.
Such English as shall hereafter teach them, must begin with a
People that begin to pray unto God, (and such opportunities we
have many) and then as they grow in knowledge, he will grow (if
he be diligent) in ability of speech to communicate the knowledge
of Christ unto them. And seeing they must have Teachers amongst
themselves, they must also be taught to be Teachers: for which
cause I have begun to teach them the Art of Teaching, and I find
some of them very capable. And while I live, my purpose is, (by
the grace of Christ assisting) to make it one of my chief cares and
labours to teach them some of the Liberal Arts and Sciences, and
the way how to analize, and lay out into particulars both the Works
and Word of God; and how to communicate knowledge to others
methodically and skilfully, and especially the method of Divinity.
There be sundry Ministers who live in an opportunity of beginning
with a People, and for time to come I shall cease my importuning
of others, and onely fall to perswade such unto this service of Jesus
Christ, it being one part of our Ministerial Charge to preach to the
World in the Name of Jesus, and from amongst them to gather
Subjects to his holy Kingdom. The Bible, and the Catechism
drawn [6] out of the Bible, are general helps to all parts and places
about us, and are the ground-work of Community amongst all our
Indian-Churches and Christians.
I find a blessing, when our Church of NaticJ^ doth send forth fit
Persons unto some remoter places, to teach them the fear of the
Lord. But we want maintenance for that Service; it is a chargeable
matter to send a Man from his Family: The Labourer is worthy of
his Hire: And when they go only to the High-wayes and Hedges,
it is not to be expected that they should reward them: If they be-
lieve and obey their Message, it is enough. We are determined to
send forth some (if the Lord will, and that we live) this Autumn,
sundry ways. I see the best way is, up and be doing: In all labour
142 AMERICAN HISTORICAL DOCUMENTS
there is profit; SeeJ^ and ye shall find. We have Christ's Example,
his Promise, his Presence, his Spirit to assist; and I trust that the
Lord will find a way for your encouragement.
Naticl^ is our chief Town, where most and chief of our Rulers,
and most of the Church dwells; here most of our chief Courts are
kept; and the Sacraments in the Church are for the most part here
administred: It is (by the Divine Providence) seated well near in
the center of all our praying Indians, though Westward the Cords
of Christ's Tents are more enlarged. Here we began Civil Govern-
ment in the year 1650. And here usually are kept the General-
Trainings, which seven years ago looked so big that we never had
one since till this year, and it was at this time but a small appearance.
Here we have two Teachers, John Speen and Anthony; we have
betwixt forty and fifty Communicants at the Lord's Table, when
they all appear, but now, some are dead, and some decriped with
age; and one under Censure, yet making towards a recovery; one
died here the last Winter of the Stone, a temperate, sober, godly
man, the first Indian that ever was known to have that disease; but
now another hath the same disease: Sundry more are proposed, and
in way of preparation to joyn unto the Church.
Ponfypog, or Pa^eunit, is our second Town, where the Sachems
of the Bloud (as they term their Chief Royal-Line) had their
Residence and Rights, which are mostly Alienated to the English
Towns: The last Chief Man, of that Line, was last year slain by
the Mauquzogs, against whom he rashly (without due Attendants
and Assistance, and against Counsel) went; yet all, yea, his Enemies
say, He died valiantly; they were more afraid to kill him, than he
was to die; yet being de- [7] serted by all (some knowingly say
through Treason) he stood long, and at last fell alone : Had he had
but 10 Men, yea 5 in good order with him, he would have driven
all his Enemies before him. His Brother was resident with us in
this Town, but he is fallen into sin, and from praying to God. Our
Chief Ruler is Ahauton, an old stedfast and trusty friend to the
English, and loveth his Country. He is more loved than feared;
the reins of his bridle are too long. Wa\an is sometimes necessarily
called to keep Courts here, to add life and zeal in the punishment
of Sinners. Their late Teacher, William, is deceased; He was a
AMERICAN HISTORICAL DOCUMENTS 143
man of eminent parts, all the English acknowledge him, and he was
known to many: He was of a ready wit, sound judgment, and
affable; he is gone unto the Lord; And William, the Son of Ahauton,
is called to be Teacher in his stead. He is a promising young-man,
of a single and upright heart, a good judgment, he Prayeth and
Preacheth well, he is studious and industrious, and well accounted
of among the English.
Hassunnimesut is the next Town in order, dignity, and antiquity;
sundry of our chief Friends in the great work of Praying to God,
came from them, and there lived their Progenitors, and there lieth
their Inheritance, and that is the place of their desires. It lieth upon
Nichmufye River; the people were well known to the English so
long as Connecticot Road lay that way, and their Religion was
judged to be real by all that travelled that journey, and had occasion
to lodge, especially to keep a Sabbath among them. The Ruler of
the Town is Anuwee^in, and his brother Tuppu^oowillin is
Teacher, both sound and godly Men. This Ruler, last Winter, was
overtaken with a Passion, which was so observable, that I had oc-
casion to speak with him about it; he was very penitent; I told
him, That as to man, I, and all men were ready to forgive him.
Ah! said he, / find it the greatest difficulty to jorgive myself. For
the encouragement of this place, and for the cherishing of a new
Plantation of Praying Indians beyond them, they called Mona-
tunt(anet to be a Teacher also in that Town, and both of them to
take care of the new Praying-Town beyond them. And for the
like encouragement, Captain Goofyns joyned Petahheg with Anu-
weefyin. The aged Father of this Ruler and Teacher, was last year
Baptized, who hath many Children that fear God. In this place
we meditate ere long (if the Lord will, and that we live) to gather
a Church, that so the Sabbath-Communion of our Christian Indians
may be the more agree- [8] able to the Divine Institution, which
we make too bold with while we live at such distance.
Ogquonifyongquamesut is the next Town; where, how we have
been afflicted, I may not say. The English Town called Marlborough
doth border upon them, as did the lines of the Tribes of Judah and
Benjamin; the English Meeting-house standeth within the line of
the Indian Town, although the contiguity and co-inhabitation is
144 AMERICAN HISTORICAL DOCUMENTS
not barren in producing matters of interfering; yet our godly Indians
do obtain a good report of the godly English, which is an argument
that bringeth light and evidence to my heart, that our Indians are
really godly. I was very lately among them; they desired me to
settle a stated Lecture amongst them, as it is in sundry other Pray-
ing Towns, which I did with so much the more gladness and hope
of blessing in it, because through Grace the Motion did first spring
from themselves. Solomon is their Teacher, whom we judge to
be a serious and sound Christian; their Ruler is Owannamug, whose
grave, faithful, and discreet Conversation hath procured him real
respect from the English. One that was a Teacher in this place, is
the man that is now under Censure in the Church; his sin was that
adventitious sin which we have brought unto them, Drunkenness,
which was never known to them before they knew us English. But
I account it our duty, and it is much in my desire, as well to teach
them Wisdom to Rule such heady Creatures, as skill to get them
to be able to bridle their own appetites, when they have means and
opportunity of high-spirited enticements. The Wisdom and Power
of Grace is not so much seen in the beggarly want of these things, as
in the bridling of our selves in the use of them. It is true Dominion,
to be able to use them, and not to abuse ourselves by them.
Nashope is our next Praying Town, a place of much Affliction;
it was the chief place of Residence, where Tahattawans lived, a
Sachem of the Blood, a faithful and zealous Christian, a strict yet
gentle Ruler; he was a Ruler of 50 in our Civil Order; and when
God took him, a chief man in our Israel was taken away from us.
His only Son was a while vain, but proved good, expert in the
Scripture, was Elected to rule in his Father's place, but soon died,
insomuch that this place is now destitute of a Ruler. The Teacher
of the place is John Thomas, a godly understanding Christian, well
esteemed of by the English : his Father was killed by the Mauquaogs,
shot to death as he was in [9] the River doing his Eele-wyers. This
place lying in the Road-way which the Mauquaogs haunted, was
much molested by them, and was one year wholly deserted; but
this year the People have taken courage and dwell upon it again.
In this place after the great Earthquake, there was some eruption
out of the Earth, which left a great Hiatus or Cleft a great way
AMERICAN HISTORICAL DOCUMENTS 145
together, and out of some Cavities under great Rocks, by a great
Pond in that place, there was a great while after often heard an
humming noise, as if there were frequent eruptions out of the
Ground at that place: yet for Healthfulness the place is much as
other places be. For Religion, there be amongst them some Godly
Christians, who are received into the Church, and baptized, and
others looking that way.
Wamesut is our next Praying-Town; it lyeth at the bottom of the
great Falls, on the great River Merymal^, and at the falling-in of
Concord River; the Sachem of this Place is named Nomphon, said
to be a Prince of the Bloud, a Man of a real Noble Spirit : A Brother
of his was slain by the Mauquaogs as he was upon a Rock fishing
in the great River. In revenge whereof he went in the forementioned
rash Expedition, but had such about him, and was so circumspect,
that he came well off, though he lost one principal Man. This place
is very much annoyed by the Mauquaogs, and have much ado to
stand their ground.
In this Place Captain Goo\ins ordered a Garrison to be kept the
last year, which Order while they attended they were safe; but when
the Northern Sachems and Souldiers came, who stirred up ours to
go with them on their unsuccessful Expedition, the Town was for
the most part scatter'd and their Corn spoyled.
The Teacher of this Place is named George: they have not much
esteem for Religion, but I am hopefully perswaded of sundry of
them; I can go unto them but once in a year.
Panatu\et is the upper part of Mmma^-Falls; so called, because
of the noise which the Waters make. Thither the Penagwog-Indians
are come, and have built a great Fort; Their Sachems refused to
pray to God, so signally and sinfully, that Captain Goofyns and my
self were very sensible of it, and were not without some expectation
of some interposure of a Divine-Hand, which did eminently come
to pass; for in the forenamed expedition they joyned with the North-
ern Sachems, [10] and were all of them cut oflF; even all that had
so signally refused to pray unto God were now as signally rejected
by God, and cut off. I hear not that it was ever known, that so
many Sachems and Men of Note were killed in one imprudent
Expedition, and that by a few scattered people; for the Mauquaogs
146 AMERICAN HISTORICAL DOCUMENTS
were not imbodied to receive them, nor prepared, and few at home,
which did much greaten the Overthrow of so many great Men, and
shews a divine over-ruling hand of God. But now, since the Pen-
aguog-Sachems are cut off, the People (sundry of them) dwelling
at Panatufet-Fort do bow the ear to hear, and submit to pray unto
God; to whom Jethro, after he had confest Christ and was baptized,
was sent to preach Christ to them.
MagunJ^uJ^quoJ^ is another of our Praying-Towns at the remotest
Westerly borders of NaticJ^; these are gathering together of some
Nipmul^ Indians who left their own places, and sit together in this
place, and have given up themselves to pray unto God. They have
called Pom ham to be their Ruler, and Simon to be their Teacher.
This latter is accounted a good and lively Christian; he is the second
man among the Indians that doth experience that afflicting disease
of the Stone. The Ruler hath made his Preparatory Confession of
Christ, and is approved of, and at the next opportunity is to be
received and baptized.
I obtained of the General-Court a Grant of a Tract of Land, for
the settlement and encouragement of this People; which though
as yet it be by some obstructed, yet I hope we shall find some way
to accomplish the same.
Quanatusset is the last of our Praying-Towns, whose beginnings
have received too much discouragement; but yet the Seed is alive:
they are frequently with me; the work is at the birth, there doth
only want strength to bring forth. The care of this People is com-
mitted joyntly to Monatunt^anit, and TuppunJ^oowillin, the Teach-
ers of Hassunemesut, as is abovesaid; and I hope if the Lord con-
tinue my life, I shall have a good account to give of that People.
Thus I have briefly touched some of the chiefest of our present
Affairs, and commit them to your Prudence, to do [n] with them
what you please; committing your Selves, and all your weighty
Affairs unto the Guidance and Blessing of the Lord, I rest,
Your Worships to serve you in the Service of our Lord Jesus.
JOHN ELLIOT.
Roxbury, this 20th of the yth month, 1670.
DECLARATION OF RIGHTS
(1765)
[On the passage of the Stamp Act by the British Parliament in March, 1765,
requiring that all legal instruments used in the American colonies should bear a
government stamp in order to be valid, delegates from nine colonies met in New
York on October 7 of the same year, to protest against this and other encroachments
upon their rights, and drew up this Declaration. The Stamp Act was repealed in
March, 1766.]
THE members of this congress, sincerely devoted, with the
warmest sentiments of affection and duty to his majesty's
person and government, inviolably attached to the present
happy establishment of the protestant succession, and with minds
deeply impressed by a sense of the present and impending mis-
fortunes of the British colonies on this continent; having considered
as maturely as time will permit, the circumstances of the said
colonies, esteem it our indispensable duty to make the following
declarations of our humble opinion, respecting the most essential
rights and liberties of the colonists, and of the grievances under
which they labour, by reason of several late acts of parliament.
1. That his majesty's subjects in these colonies, owe the same
allegiance to the crown of Great Britain, that is owing from his
subjects born within the realm, and all due subordination to that
august body the parliament of Great Britain.
2. That his majesty's liege subjects in these colonies, are entitled
to all the inherent rights and liberties of his natural born subjects,
within the kingdom of Great Britain.
3. That it is inseparably essential to the freedom of a people, and
the undoubted right of Englishmen, that no taxes be imposed on
them but with their own consent, given personally, or by their rep-
resentatives.
4. That the people of these colonies are not, and, from their local
circumstances, cannot be, represented in the House of Commons in
Great Britain.
148 AMERICAN HISTORICAL DOCUMENTS
5. That the only representatives of the people of these colonies, are
persons chosen therein by themselves; and that no taxes ever have
been, or can be constitutionally imposed on them, but by their
respective legislatures.
6. That all supplies to the crown being free gifts of the people,
it is unreasonable and inconsistent with the principles and spirit of
the British constitution, for the people of Great Britain to grant to
his majesty the property of the colonists.
7. That trial by jury, is the inherent and invaluable right of every
British subject in these colonies.
8. That the late act of parliament, entitled, an act for granting
and applying certain stamp duties, and other duties, in the British
colonies and plantations in America, &c., by imposing taxes on the
inhabitants of these colonies, and the said act, and several other
acts, by extending the jurisdiction of the courts of admiralty beyond
its ancient limits, have a manifest tendency to subvert the rights and
liberties of the colonists.
9. That the duties imposed by several late acts of parliament,
from the peculiar circumstances of these colonies, will be extremely
burdensome and grievous; and from the scarcity of specie, the pay-
ment of them absolutely impracticable.
10. That as the profits of the trade of these colonies ultimately
center in Great Britain, to pay for the manufactures which they are
obliged to take from thence, they eventually contribute very largely
to all supplies granted there to the crown.
11. That the restrictions imposed by several late acts of parliament
on the trade of these colonies, will render them unable to purchase
the manufactures of Great Britain.
12. That the increase, prosperity and happiness of these colonies,
depend on the full and free enjoyments of their rights and liberties,
and an intercourse with Great Britain mutually affectionate and
advantageous.
13. That it is the right of the British subjects in these colonies, to
petition the king, or either house of parliament.
Lastly, That it is the indispensable duty of these colonies, to the
best of sovereigns, to the mother country, and to themselves, to
endeavour by a loyal and dutiful address to his majesty, and humble
AMERICAN HISTORICAL DOCUMENTS 149
applications to both houses of parliament, to procure the repeal of
the act for granting and applying certain stamp dudes, of all clauses
of any other acts of parliament, whereby the jurisdiction of the
admiralty is extended as aforesaid, and of the other late acts for the
restriction of American commerce.
THE DECLARATION OF
INDEPENDENCE
(1776)
[In the third session of the second continental congress, Richard Henry Lee of
Virginia proposed, and John Adams of Massachusetts seconded, a resolution declaring
the United Colonies free and independent states; and Thomas Jefferson, John Adams,
Roger Sherman, and Robert Livingstone were appointed a committee to draw up a
declaration of independence. This famous document, composed almost entirely by
Jefferson, was adopted unanimously on July 4, 1776.]
*W "IT THEN in the Course of human events, it becomes necessary
%/%/ for one people to dissolve the political bands which have
v V connected them with another, and to assume among the
Powers of the earth, the separate and 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 certain unalien-
able Rights, that among these are Life, Liberty, and 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 de-
structive of these ends, it is the Right of the People to alter or to
abolish it, and to institute new Government, laying its foundation
on such principles and organizing its powers in such form, as to
them shall seem most likely to effect their Safety and Happiness.
Prudence, indeed, will dictate that Governments long established
should not be changed for light and transient causes; and accord-
ingly all experience hath shown, that mankind are more disposed to
suffer, while evils are sufferable, than to right themselves by abolish-
ing the forms to which they are accustomed. But when a long
train of abuses and usurpations, 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, and to
provide new Guards for their future security. Such has been the
150
AMERICAN HISTORICAL DOCUMENTS
patient sufferance of these Colonies; and such is now the necessity
which constrains them to alter their former Systems of Government.
The history of the present King of Great Britain is a history of
repeated injuries and usurpations, 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.
He has refused his Assent to Laws, the most wholesome and nec-
essary for the public good.
He has forbidden his Governors to pass Laws of immediate and
pressing importance, unless suspended in their operation till his
Assent should be obtained; and 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 and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncom-
fortable, 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, 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 mean time exposed to all the dangers of
invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for
that purpose obstructing the Laws of Naturalization of Foreigners;
refusing to pass others to encourage their migration hither, and
raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his
Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone, for the tenure
of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms
of Officers to harass our People, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without
the Consent of our legislature.
152 AMERICAN HISTORICAL DOCUMENTS
He has affected to render the Military independent of and superior
to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign
to our constitution, and 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 neighbouring
Province, establishing therein an Arbitrary government, and en-
larging its Boundaries so as to render it at once an example and fit
instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws,
and altering fundamentally the Forms of our Governments:
For suspending our own Legislature, and declaring themselves in-
vested with Power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his
Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns,
and destroyed the lives of our people.
He is at this time transporting large armies of foreign mercenaries
to compleat the works of death, desolation and tyranny, already be-
gun with circumstances of Cruelty & perfidy scarcely paralleled in the
most barbarous ages, and 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 and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has en-
deavoured 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 and conditions.
AMERICAN HISTORICAL DOCUMENTS 153
In every stage of these Oppressions We have Petitioned for Re-
dress in the most humble terms: Our repeated Petitions have been
answered only by repeated injury. 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.
Nor have We been wanting in attention to our British brethren.
We have warned them from time to time of attempts by their
legislature to extend an unwarrantable jurisdiction over us. We have
reminded them of the circumstances of our emigration and settle-
ment here. We have appealed to their native justice and magna-
nimity, and we have conjured them by the ties of our common
kindred to disavow these usurpations, which, would inevitably inter-
rupt our connections and correspondence. They too have been deaf
to the voice of justice and of consanguinity. We must, therefore,
acquiesce in the necessity, which denounces our Separation, and hold
them, as we hold the rest of mankind, Enemies in War, in Peace
Friends.
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, and
by Authority of the good People of these Colonies, solemnly publish
and declare, 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 connection be-
tween them and the State of Great Britain, is and ought to be totally
dissolved; and that as Free and Independent States, they have full
Power to levy War, conclude Peace, contract Alliances, establish
Commerce, and to do all other Acts and 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 and our sacred Honor.
JOHN HANCOCK.
New Hampshire
JOSIAH BARTLETT MATTHEW THORNTON
WM. WHIPPLE
154
AMERICAN HISTORICAL DOCUMENTS
SAML. ADAMS
JOHN ADAMS
STEP. HOPKINS
ROGER SHERMAN
SAM'EL HUNTINGTON
WM. FLOYD
PHIL. LIVINGSTON
RICHD. STOCKTON
JNO. WlTHERSPOON
FRAS. HOPKINSON
ROBT. MORRIS
BENJAMIN RUSH
BENJA. FRANKLIN
JOHN MORTON
GEO. CLYMER
CESAR RODNEY
GEO. READ
SAMUEL CHASE
WM. PACA
GEORGE WYTHE
RICHARD HENRY LEE
TH. JEFFERSON
BENJA. HARRISON
Massachusetts Bay
ELBRIDGE GERRY
ROBT. TREAT PAINE
Rhode Island
WILLIAM ELLERY
Connecticut
WM. WILLIAMS
OLIVER WOLCOTT
New Yorl(
FRANS. LEWIS
LEWIS MORRIS
New Jersey
JOHN HART
ABRA. CLARK
Pennsylvania
JAS. SMITH
GEO. TAYLOR
JAMES WILSON
GEO. Ross
Delaware
THO. M'KEAN
Maryland
THOS. STONE
CHARLES CARROLL of Carrollton
Virginia
THOS. NELSON, jr.
FRANCIS LIGHTFOOT LEE
CARTER BRAXTON
AMERICAN HISTORICAL DOCUMENTS 155
North Carolina
WM. HOOPER JOHN PENN
JOSEPH HEWES
South Carolina
EDWARD RUTLEDGE ARTHUR MIDDLETON
THOS. HEY WARD, junr THOMAS LYNCH, junr
Georgia
BUTTON GWINNETT GEO. WALTON
LYMAN HALL
THE MECKLENBURG
DECLARATION OF INDEPENDENCE
(1775)
[On April 30, 1819, the Raleigh (N. C.) Register published the following docu-
ment, said to have been adopted by the Committee of Mecklenburg county, North
Carolina, on May 20, 1775, the day after the receipt of the news of the battle of
Lexington. The similarity of some of its phrases (here italicized) to phrases in the
Declaration of Independence raised questions as to plagiarism on Jefferson's part, or,
on the other hand, as to the authenticity of the Mecklenburg document. It is clear
that Jefferson never heard of it before '819; and the explanation most commonly
adopted is, that it is a compilation, based in part on general recollections of certain
resolutions, still extant, which were drawn up by the committee-men of Mecklenburg
on May 31, 1775.]
"*-T*\ESOLVED, That whosoever directly or indirectly abetted,
*^ or in any way, form, or manner, countenanced the unchar-
M %^ tered and dangerous invasion of our rights, as claimed by
Great Britain, is an enemy to this Country to America and to the
inherent and inalienable rights of man.
2. Resolved, That we the citizens of Mecklenburg County, do
hereby dissolve the political bands which have connected us to the
Mother Country, and hereby absolve ourselves from all allegiance to
the British Crown, and abjure all political connection, contract, or
association, with that Nation, who have wantonly trampled on our
rights and liberties and inhumanly shed the innocent blood of
American patriots at Lexington.
3. Resolved, That we do hereby declare ourselves a free and inde-
pendent people, are, and of right ought to be, a sovereign and self-
governing Association, under the control of no power other than
that of our God and the General Government of the Congress; to
the maintenance of which independence, we solemnly pledge to each
other, our mutual cooperation, our lives, our fortunes, and our most
sacred honor.
4. Resolved, That as we now acknowledge the existence and
control of no law or legal officer, civil or military, within this County,
156
AMERICAN HISTORICAL DOCUMENTS 157
we do hereby ordain and adopt, as a rule of life, all, each and every
of our former laws where, nevertheless, the Crown of Great Britain
never can be considered as holding rights, privileges, immunities,
or authority therein.
5. Resolved, That it is also further decreed, that all, each and
every military officer in this County, is hereby reinstated to his former
command and authority, he acting conformably to these regulations,
and that every member present of this delegation shall henceforth
be a civil officer, viz. a Justice of the Peace, in the character of a
'Committee-man' to issue process, hear and determine all matters of
controversy, according to said adopted laws, and to preserve peace,
and union, and harmony, in said County, and to use every exertion
to spread the love of country and fire of freedom throughout
America, until a more general and organized government be estab-
lished in this province."
ARTICLES
OF CONFEDERATION
(1777)
[The same continental congress which passed the Declaration of Independence,
appointed a committee "to prepare and digest the form of confederation to be entered
into between these colonies." On July 12, 1776, the committee reported a draft of
these articles; and after many changes the congress adopted them on November 15,
1777. They did not, however, become operative till they had been adopted by all
the individual states, the last of which, Maryland, finally consented on March i,
1781. The articles were superseded by the Constitution in 1789.]
To ALL TO WHOM THESE PRESENTS SHALL COME, WE THE UNDERSIGNED
DELEGATES OF THE STATES AFFIXED TO OUR NAMES SEND GREETING.
"W "IT THEREAS, the Delegates of the United States of America
%/%/ in Congress assembled did on the fifteenth day of Novem-
T T her in the year of our Lord One Thousand Seven Hundred
and Seventy-seven, and in the Second Year of the Independence of
America agree to certain articles of Confederation and perpetual
Union between the States of Newhampshire, Massachusetts-bay,
Rhodeisland and Providence Plantations, Connecticut, New York,
New Jersey, Pennsylvania, Delaware, Virginia, North-Carolina,
South-Carolina and Georgia in the Words following, viz.
"Articles of Confederation and perpetual Union between the
States of Newhampshire, Massachusetts-bay, Rhodeisland and Provi-
dence Plantations, Connecticut, New~Yor\, New-Jersey, Pennsyl-
vania, Delaware, Maryland, Virginia, North-Carolina, South-Caro-
lina and Georgia."
ARTICLE I. The stile of this confederacy shall be "The United
States of America."
ARTICLE II. Each State retains its sovereignty, freedom and inde-
pendence, and every power, jurisdiction and right, which is not by
this confederation expressly delegated to the United States, in Con-
gress assembled.
ARTICLE III. The said States hereby severally enter into a firm
158
AMERICAN HISTORICAL DOCUMENTS 159
league of friendship with each other, for their common defence, the
security of their liberties, and their mutual and general welfare,
binding themselves to assist each other, against all force offered to,
or attacks made upon them, or any of them, on account of religion,
sovereignty, trade, or any other pretence whatever.
ARTICLE IV. The better to secure and perpetuate mutual friend-
ship and intercourse among the people of the different States in this
Union, the free inhabitants of each of these States, paupers, vaga-
bonds and fugitives from justice excepted, shall be entitled to all
privileges and immunities of free citizens in the several States; and
the people of each State shall have free ingress and regress to and
from any other State, and shall enjoy therein all the privileges of
trade and commerce, subject to the same duties, impositions and
restrictions as the inhabitants thereof respectively, provided that such
restrictions shall not extend so far as to prevent the removal of
property imported into any State, to any other State of which the
owner is an inhabitant; provided also that no imposition, duties or
restriction shall be laid by any State, on the property of the United
States, or either of them.
If any Person guilty of, or charged with treason, felony, or other
high misdemeanor in any State, shall flee from justice, and be found
in any of the United States, he shall upon demand of the Governor
or Executive power, of the State from which he fled, be delivered up
and removed to the State having jurisdiction of his offence.
Full faith and credit shall be given in each of these States to the
records, acts and judicial proceedings of the courts and magistrates
of every other State.
ARTICLE V. For the more convenient management of the general
interest of the United States, delegates shall be annually appointed
in such manner as the legislature of each State shall direct, to meet
in Congress on the first Monday in November, in every year, with
a power reserved to each State, to recall its delegates, or any of them,
at any time within the year, and to send others in their stead, for the
remainder of the year.
No State shall be represented in Congress by less than two, nor
by more than seven members; and no person shall be capable of
being a delegate for more than three years in any term of six years;
l6o AMERICAN HISTORICAL DOCUMENTS
nor shall any person, being a delegate, be capable of holding any
office under the United States, for which he, or another for his
benefit receives any salary, fees or emolument of any kind.
Each State shall maintain its own delegates in a meeting of the
States, and while they act as members of the committee of the States.
In determining questions in the United States, in Congress as-
sembled, each State shall have one vote.
Freedom of speech and debate in Congress shall not be impeached
or questioned in any court, or place out of Congress, and the mem-
bers of Congress shall be protected in their persons from arrests and
imprisonments, during the time of their going to and from, and
attendance on Congress, except for treason, felony, or breach of the
peace.
ARTICLE VI. No State without the consent of the United States
in Congress assembled, shall send any embassy to, or receive any
embassy from, or enter into any conference, agreement, alliance or
treaty with any king, prince or state; nor shall any person holding
any office of profit or trust under the United States, or any of them,
accept of any present, emolument, office or title of any kind what-
ever from any king, prince or foreign state; nor shall the United
States in Congress assembled, or any of them, grant any title of
nobility.
No two or more States shall enter into any treaty, confederation
or alliance whatever between them, without the consent of the United
States in Congress assembled, specifying accurately the purposes for
which the same is to be entered into, and how long it shall continue.
No State shall lay any imposts or duties, which may interfere with
any stipulations in treaties, entered into by the United States in
Congress assembled, with any king, prince or state, in pursuance of
any treaties already proposed by Congress, to the courts of France
and Spain.
No vessels of war shall be kept up in time of peace by any State,
except such number only, as shall be deemed necessary by the United
States in Congress assembled, for the defence of such State, or its
trade; nor shall any body of forces be kept up by any State, in time
of peace, except such number only, as in the judgment of the United
States, in Congress assembled, shall be deemed requisite to garrison
AMERICAN HISTORICAL DOCUMENTS l6l
the forts necessary for the defence of such State; but every State
shall always keep up a well regulated and disciplined militia, suf-
ficiently armed and accoutered, and shall provide and constantly
have ready for use, in public stores, a due number of field pieces
and tents, and a proper quantity of arms, ammunition and camp
equipage.
No State shall engage in any war without the consent of the United
States in Congress assembled, unless such State be actually invaded
by enemies, or shall have received certain advice of a resolution being
formed by some nation of Indians to invade such State, and the
danger is so imminent as not to admit of a delay, till the United
States in Congress assembled can be consulted: nor shall any State
grant commissions to any ships or vessels of war, nor letters of
marque or reprisal, except it be after a declaration of war by the
United States in Congress assembled, and then only against the
kingdom or state and the subjects thereof, against which war has
been so declared, and under such regulations as shall be established
by the United States in Congress assembled, unless such State be
infested by pirates, in which case vessels of war may be fitted out
for that occasion, and kept so long as the danger shall continue, or
until the United States in Congress assembled shall determine
otherwise.
ARTICLE VII. When land-forces are raised by any State for the
common defence, all officers of or under the rank of colonel, shall be
appointed by the Legislature of each State respectively by whom such
forces shall be raised, or in such manner as such State shall direct,
and all vacancies shall be filled up by the State which first made the
appointment.
ARTICLE VIII. All charges of war, and all other expenses that shall
be incurred for the common defence or general welfare, and allowed
by the United States in Congress assembled, shall be defrayed out of
a common treasury, which shall be supplied by the several States,
in proportion to the value of all land within each State, granted to
or surveyed for any person, as such land and the buildings and im-
provements thereon shall be estimated according to such mode as the
United States in Congress assembled, shall from time to time direct
and appoint.
1 62 AMERICAN HISTORICAL DOCUMENTS
The taxes for paying that proportion shall be laid and levied by
the authority and direction of the Legislatures of the several States
within the time agreed upon by the United States in Congress
assembled.
ARTICLE IX. The United States in Congress assembled, shall have
the sole and exclusive right and power of determining on peace and
war, except in the cases mentioned in the sixth article of sending
and receiving ambassadors entering into treaties and alliances, pro-
vided that no treaty of commerce shall be made whereby the legis-
lative power of the respective States shall be restrained from imposing
such imposts and duties on foreigners, as their own people are
subjected to, or from prohibiting the exportation or importation of
any species of goods or commodities whatsoever of establishing
rules for deciding in all cases, what captures on land or water shall
be legal, and in what manner prizes taken by land or naval forces
in the service of the United States shall be divided or appropriated
of granting letters of marque and reprisal in times of peace appoint-
ing courts for the trial of piracies and felonies committed on the
high seas and establishing courts for receiving and determining
finally appeals in all cases of captures, provided that no member of
Congress shall be appointed a judge of any of the said courts.
The United States in Congress assembled shall also be the la c
resort on appeal in all disputes and differences now subsisting or
that hereafter may arise between two or more States concerning
boundary, jurisdiction or any other cause whatever; which authority
shall always be exercised in the manner following. Whenever the
legislative or executive authority or lawful agent of any State in
controversy with another shall present a petition to Congress, stating
the matter in question and praying for a hearing, notice thereof shall
be given by order of Congress to the legislative or executive authority
of the other State in controversy, and a day assigned for the appear-
ance of the parties by their lawful agents, who shall then be directed
to appoint by joint consent, commissioners or judges to constitute
a court for hearing and determining the matter in question: but if
they cannot agree, Congress shall name three persons out of each
of the United States, and from the list of such persons each party
shall alternately strike out one, the petitioners beginning, until the
AMERICAN HISTORICAL DOCUMENTS 163
number shall be reduced to thirteen; and from that number not less
than seven, nor more than nine names as Congress shall direct, shall
in the presence of Congress be drawn out by lot, and the persons
whose names shall be so drawn or any five of them, shall be com-
missioners or judges, to hear and finally determine the controversy,
so always as a major part of the judges who shall hear the cause shall
agree in the determination : and if either party shall neglect to attend
at the day appointed, without showing reasons, which Congress shall
judge sufficient, or being present shall refuse to strike, the Congress
shall proceed to nominate three persons out of each State, and the
Secretary of Congress shall strike in behalf of such party absent or
refusing; and the judgment and sentence of the court to be appointed,
in the manner before prescribed, shall be final and conclusive; and
if any of the parties shall refuse to submit to the authority of such
court, or to appear or defend their claim or cause, the court shall
nevertheless proceed to pronounce sentence, or judgment, which
shall in like manner be final and decisive, the judgment or sentence
and other proceedings being in either case transmitted to Congress,
and lodged among the acts of Congress for the security of the parties
concerned: provided that every commissioner, before he sits in
judgment, shall take an oath to be administered by one of the judges
of the supreme or superior court of the State, where the cause shall
be tried, "well and truly to hear and determine the matter in ques-
tion, according to the best of his judgment, without favour, affection
or hope of reward :" provided also that no State shall be deprived of
territory for the benefit of the United States.
All controversies concerning the private right of soil claimed under
different grants of two or more States, whose jurisdiction as they
may respect such lands, and the States which passed such grants are
adjusted, the said grants or either of them being at the same time
claimed to have originated antecedent to such settlement of jurisdic-
tion, shall on the petition of either party to the Congress of the
United States, be finally determined as near as may be in the same
manner as is before prescribed for deciding disputes respecting terri-
torial jurisdiction between different States.
The United States in Congress assembled shall also have the sole
and exclusive right and power of regulating the alloy and value of
164 AMERICAN HISTORICAL DOCUMENTS
coin struck by their own authority, or by that of the respective States
fixing the standard of weights and measures throughout the United
States regulating the trade and managing all affairs with the In-
dians, not members of any of the States, provided that the legislative
right of any State within its own limits be not infringed or violated
establishing and regulating post-offices from one State to another,
throughout all the United States, and exacting such postage on the
papers passing thro' the same as may be requisite to defray the
expenses of the said office appointing all officers of the land forces,
in the service of the United States, excepting regimental officers
appointing all the officers of the naval forces, and commissioning all
officers whatever in the service of the United States making rules
for the government and regulation of the said land and naval forces,
and directing their operations.
The United States in Congress assembled shall have authority to
appoint a committee, to sit in the recess of Congress, to be denom-
inated "a Committee of the States," and to consist of one delegate
from each State; and to appoint such other committees and civil
officers as may be necessary for managing the general affairs of the
United States under their direction to appoint one of their number
to preside, provided that no person be allowed to serve in the office
of president more than one year in any term of three years; to ascer-
tain the necessary sums of money to be raised for the service of the
United States, and to appropriate and apply the same for defraying
the public expenses to borrow money, or emit bills on the credit of
the United States, transmitting every half year to the respective
States an account of the sums of money so borrowed or emitted,
to build and equip a navy to agree upon the number of
land forces, and to make requisitions from each State for its quota,
in proportion to the number of white inhabitants in such State;
which requisition shall be binding, and thereupon the Legislature of
each State shall appoint the regimental officers, raise the men and
cloath, arm and equip them in a soldier like manner, at the expense
of the United States; and the officers and men so cloathed, armed
and equipped shall march to the place appointed, and within the
time agreed on by the United States in Congress assembled: but if
the United States in Congress assembled shall, on consideration of
AMERICAN HISTORICAL DOCUMENTS 165
circumstances judge proper that any State should not raise men, or
should raise a smaller number than its quota, and that any other
State should raise a greater number of men than the quota thereof,
such extra number shall be raised, officered, cloathed, armed and
equipped in the same as the quota of such State, unless the legisla-
ture of such State shall judge that such extra number cannot be
safely spared outside of the same, in which case they shall raise,
officer, cloath, arm and equip as many of such extra number as they
judge can be safely spared. And the officers and men so cloathed,
armed and equipped, shall march to the place appointed, and within
the time agreed on by the United States in Congress assembled.
The United States in Congress assembled shall never engage in a
war, nor grant letters of marque and reprisal in time of peace, nor
enter into any treaties or alliances, nor coin money, nor regulate the
value thereof, nor ascertain the sums and expenses necessary for the
defence and welfare of the United States, or any of them, nor emit
bills, nor borrow money on the credit of the United States, nor
appropriate money, nor agree upon the number of vessels of war,
to be built or purchased, or the number of land or sea forces to be
raised, nor appoint a commander in chief of the army or navy, unless
nine States assent to the same: nor shall a question on any other
point, except for adjourning from day to day be determined, unless
by the votes of a majority of the United States in Congress assembled.
The Congress of the United States shall have power to adjourn
to any time within the year, and to any place within the United
States, so that no period of adjournment be for a longer duration than
the space of six months, and shall publish the journal of their pro-
ceedings monthly, except such parts thereof relating to treaties, alli-
ances or military operations, as in their judgment require secresy;
and the yeas and nays of the delegates of each State on any question
shall be entered on the journal, when it is desired by any delegate;
and the delegates of a State, or any of them, at his or their request
shall be furnished with a transcript of the said journal, except such
parts as are above excepted, to lay before the Legislatures of the
several States.
ARTICLE X. The committee of the States, or any nine of them,
shall be authorized to execute, in the recess of Congress, such of the
1 66 AMERICAN HISTORICAL DOCUMENTS
powers of Congress as the United States in Congress assembled, by
the consent of nine States, shall from time to time think expedient
to vest them with; provided that no power be delegated to the said
committee, for the exercise of which, by the articles of confederation,
the voice of nine States in the Congress of the United States
assembled is requisite.
ARTICLE XI. Canada acceding to this confederation, and joining
in the measures of the United States, shall be admitted into, and
entitled to all the advantages of this Union: but no other colony shall
be admitted into the same, unless such admission be agreed to by
nine States.
ARTICLE XII. All bills of credit emitted, monies borrowed and
debts contracted by, or under the authority of Congress, before the
assembling of the United States, in pursuance of the present confed-
eration, shall be deemed and considered as a charge against the
United States, for payment and satisfaction whereof the said United
States, and the public faith are hereby solemnly pledged.
ARTICLE XIII. Every State shall abide by the determinations of
the United States in Congress assembled, on all questions which by
this confederation are submitted to them. And the articles of this
confederation shall be inviolably observed by every State, and the
Union shall be perpetual; nor shall any alteration at any time here-
after be made in any of them ; unless such alteration be agreed to in
a Congress of the United States, and be afterwards confirmed by
the Legislatures of every State.
And whereas it hath pleased the Great Governor of the World to
incline the hearts of the Legislatures we respectively represent in
Congress, to approve of, and to authorize us to ratify the said articles
of confederation and perpetual union. Know ye that we, the under-
signed delegates, by virtue of the power and authority to us given
for that purpose, do by these presents, in the name and in behalf of
our respective constituents, fully and entirely ratify and confirm
each and every of the said Articles of Confederation and perpetual
union, and all and singular the matters and things therein contained :
and we do further solemnly plight and engage the faith of our
respective constituents, that they shall abide by the determinations
of the United States in Congress assembled, on all questions, which
AMERICAN HISTORICAL DOCUMENTS 167
by the said confederation are submitted to them. And that the
articles thereof shall be inviolably observed by the States we respec-
tively represent, and that the Union shall be perpetual.
In witness whereof we have hereunto set our hands in Congress.
Done at Philadelphia in the State of Pennsylvania the ninth day of
July in the year of our Lord one thousand seven hundred and seventy-
eight, and in the third year of the independence of America.
On the part & behalf of the State of New Hampshire
JOSIAH BARTLETT JOHN WENTWORTH, Junr
August 8th, 1778
On the part and behalf of the State of Massachusetts Bay
JOHN HANCOCK FRANCIS DANA
SAMUEL ADAMS JAMES LOVELL
ELBRIDGE GERRY SAMUEL HOLTEN
On the part and behalf of the State of Rhode Island and
Providence Plantations
WILLIAM ELLERY JOHN COLLINS
HENRY MARCHANT
On the part and behalf of the State of Connecticut
ROGER SHERMAN TITUS HOSMER
SAMUEL HUNTINGTON ANDREW ADAMS
OLIVER WOLCOTT
On the part and behalf of the State of New Yorf(
JAS. DUANE Gouv. MORRIS
FRA. LEWIS WM. DUER
On the part and in behalf of the State of New Jersey
Novr. 26, ijj8
JNO. WlTHERSPOON NATHL. ScUDDER
On the part and behalf of the State of Pennsylvania
ROBT. MORRIS WILLIAM CLINGAN
DANIEL ROBERDEAU JOSEPH REED, 22d July, 1778
JNO. BAYARD SMITH
1 68 AMERICAN HISTORICAL DOCUMENTS
On the part & behalf of the State of Delaware
THOS. M'KEAN, Feby. 12, 1779 JOHN DICKINSON, May 5th, 1779
NICHOLAS VAN DYKE
On the part and behalf of the State of Maryland
JOHN HANSON, March i, 1781 DANIEL CARROLL, Mar. i, 1781
On the part and behalf of the State of Virginia
RICHARD HENRY LEE JNO. HARVIE
JOHN BANISTER FRANCIS LIGHTFOOT LEE
THOMAS ADAMS
On the part and behalf of the State of No. Carolina
JOHN PENN, July 21, 1778 JNO. WILLIAMS
CORNS. HARNETT
On the part & behalf of the State of South Carolina
HENRY LAURENS RICHD. HUTSON
WILLIAM HENRY DRAYTON THOS. HEYWARD, Junr
JNO. MATTHEWS
On the part & behalf of the State of Georgia
EDWD. TELFAIR EDWD. LANGWORTHY
JNO. WALTON, 24th July, 1778
ARTICLES OF CAPITULATION
YORKTOWN
(1781)
[The surrender of Corn wall is, arranged in these articles, virtually brought to a
close the hostilities in the war between Great Britain and her American colonies,
and assured the independence of the United States.]
Settled between his Excellency General Washington, Commander-in-
Chief of the combined Forces of America and France; his Excellency
the Count de Rochambeau, Lieutenant-General of the Armies of the
King of France, Great Cross of the royal and military Order of St.
Louis, commanding the auxiliary Troops of his Most Christian
Majesty in America; and his Excellency the Count de Grasse,
Lieutenant-General of the Naval Armies of his Most Christian
Majesty, Commander of the Order of St. Louis, Commander-in-
Chief of the Naval Army of France in the Chesapeake, on the one
Part; and the Right Honorable Earl Cornwallis, Lieutenant-General
of his Britannic Majesty's Forces, commanding the Garrisons of
York and Gloucester; and Thomas Symonds, Esquire, commanding
his Britannic Majesty's Naval Forces in York River in Virginia, on
the other Part.
ARTICLE I. The garrisons of York and Gloucester, including
L\ the officers and seamen of his Britannic Majesty's ships, as
-/. JL well as other mariners, to surrender themselves prisoners of
war to the combined forces of America and France. The land troops
to remain prisoners to the United States, the navy to the naval army
of his Most Christian Majesty.
Granted.
ARTICLE II. The artillery, arms, accoutrements, military chest, and
public stores of every denomination, shall be delivered unimpaired
to the heads of departments appointed to receive them.
Granted,
169
I7O AMERICAN HISTORICAL DOCUMENTS
ARTICLE III. At twelve o'clock this day the two redoubts on the
left flank of York to be delivered, the one to a detachment of Ameri-
can infantry, the other to a detachment of French grenadiers.
Granted.
The garrison of York will march out to a place to be appointed in
front of the posts, at two o'clock precisely, with shouldered arms,
colors cased, and drums beating a British or German march. They
are then to ground their arms, and return to their encampments,
where they will remain until they are despatched to the places of
their destination. Two works on the Gloucester side will be deliv-
ered at one o'clock to a detachment of French and American troops
appointed to possess them. The garrison will march out at three
o'clock in the afternoon; the cavalry with their swords drawn,
trumpets sounding, and the infantry in the manner prescribed for
the garrison of York. They are likewise to return to their encamp-
ments until they can be finally marched off.
ARTICLE IV. Officers are to retain their side-arms. Both officers
and soldiers to keep their private property of every kind; and no
part of their baggage or papers to be at any time subject to search
or inspection. The baggage and papers of officers and soldiers taken
during the siege to be likewise preserved for them.
Granted.
It is understood that any property obviously belonging to the
inhabitants of these States, in the possession of the garrison, shall be
subject to be reclaimed.
ARTICLE V. The soldiers to be kept in Virginia, Maryland, or
Pennsylvania, and as much by regiments as possible, and supplied
with the same rations of provisions as are allowed to soldiers in the
service of America. A field-officer from each nation, to wit, British,
Anspach, and Hessian, and other officers on parole, in the proportion
of one to fifty men to be allowed to reside near their respective regi-
ments, to visit them frequently, and be witnesses of their treatment;
and that their officers may receive and deliver clothing and other
AMERICAN HISTORICAL DOCUMENTS 1 71
necessaries for them, for which passports are to be granted when
applied for.
Granted.
ARTICLE VI. The general, staff, and other officers not employed
as mentioned in the above articles, and who choose it, to be permit-
ted to go on parole to Europe, to New York, or to any other Ameri-
can maritime posts at present in the possession of the British forces,
at their own option; and proper vessels to be granted by the Count
de Grasse to carry them under flags of truce to New York within ten
days from this date, if possible, and they to reside in a district to be
agreed upon hereafter, until they embark. The officers of the civil
department of the army and navy to be included in this article.
Passports to go by land to be granted to those to whom vessels cannot
be furnished.
Granted.
ARTICLE VII. Officers to be allowed to keep soldiers as servants,
according to the common practice of the service. Servants not sol-
diers are not to be considered as prisoners, and are to be allowed to
attend their masters.
Granted.
ARTICLE VIII. The Bonetta sloop-of-war to be equipped, and
navigated by its present captain and crew, and left entirely at the
disposal of Lord Cornwallis from the hour that the capitulation is
signed, to receive an aid-de-camp to carry despatches to Sir Henry
Clinton; and such soldiers as he may think proper to send to New
York, to be permitted to sail without examination. When his des-
patches are ready, his Lordship engages on his part, that the ship
shall be delivered to the order of the Count de Grasse, if she escapes
the dangers of the sea. That she shall not carry ofif any public stores.
Any part of the crew that may be deficient on her return, and the
soldiers passengers, to be accounted for on her delivery.
ARTICLE IX. The traders are to preserve their property, and to be
allowed three months to dispose of or remove them; and those
traders are not to be considered as prisoners of war.
AMERICAN HISTORICAL DOCUMENTS
The traders will be allowed to dispose of their effects, the allied
army having the right of preemption. The traders to be considered
as prisoners of war upon parole.
ARTICLE X. Natives or inhabitants of different parts of this coun-
try, at present in York or Gloucester, are not to be punished on
account of having joined the British army.
This article cannot be assented to, being altogether of civil resort.
ARTICLE XL Proper hospitals to be furnished for the sick and
wounded. They are to be attended by their own surgeons on parole;
and they are to be furnished with medicines and stores from the
American hospitals.
The hospital stores now at York and Gloucester shall be delivered
for the use of the British sick and wounded. Passports will be
granted for procuring them further supplies from New York, as
occasion may require; and proper hospitals will be furnished for
the reception of the sick and wounded of the two garrisons.
ARTICLE XII. Wagons to be furnished to carry the baggage of
the officers attending the soldiers, and to surgeons when travelling on
account of the sick, attending the hospitals at public expense.
They are to be furnished if possible.
ARTICLE XIII. The shipping and boats in the two harbours, with
all their stores, guns, tackling, and apparel, shall be delivered up in
their present state to an officer of the navy appointed to take posses-
sion of them, previously unloading the private property, part of which
had been on board for security during the siege.
Granted.
ARTICLE XIV. No article of capitulation to be infringed on pre-
tence of reprisals; and if there be any doubtful expressions in it, they
are to be interpreted according to the common meaning and accepta-
tion of the words.
Granted.
Done at Yorktown, in Virginia, October I9th, 1781.
CORNWALLIS,
THOMAS SYMONDS.
AMERICAN HISTORICAL DOCUMENTS 173
Done in the Trenches before Yorktown, in Virginia, October
, 1781.
GEORGE WASHINGTON,
L COMTE DE ROCHAMBEAU,
LE COMTE DE BARRAS,
En mon nom & celui du
COMTE DE GRASSE.
TREATY WITH GREAT BRITAIN
(1783)
[Less than five months after the surrender of Cornwallis, the British Parliament
passed an act to enable the king to make peace till July 1783. In the end of Novem-
ber, 1782, a provisional treaty was signed, the negotiations on behalf of Congress
having been conducted by Benjamin Franklin, John Adams, John Jay, and Henry
Laurens. On September 3, 1783, this treaty was made definitive in the form here
printed, and the complete independence of the American States acknowledged by
Great Britain.]
DEFINITIVE TREATY OF PEACE BETWEEN THE UNITED STATES OF AMERICA
AND His BRITANNIC MAJESTY, CONCLUDED AT PARIS, SEPTEMBER 3,
1783; RATIFIED BY CONGRESS, JANUARY 14, 1784; PROCLAIMED,
JANUARY 14, 1784.
IN the name of the Most Holy and Undivided Trinity.
It having pleased the Divine Providence to dispose the hearts
of the most serene and most potent Prince George the Third,
by the Grace of God King of Great Britain, France, and Ireland,
Defender of the Faith, Duke of Brunswick and Luneburg, Arch-
Treasurer and Prince Elector of the Holy Roman Empire, &c., and of
the United States of America, to forget all past misunderstandings
and differences that have unhappily interrupted the good correspond-
ence and friendship which they mutually wish to restore; and to
establish such a beneficial and satisfactory intercourse between the
two countries, upon the ground of reciprocal advantages and mutual
convenience, as may promote and secure to both perpetual peace and
harmony : And having for this desirable end already laid the founda-
tion of peace and reconciliation, by the provisional articles, signed at
Paris, on the 30th of Nov., 1782, by the commissioners empowered on
each part, which articles were agreed to be inserted in and to con-
stitute the treaty of peace proposed to be concluded between the
Crown of Great Britain and the said United States, but which treaty
was not to be concluded until terms of peace should be agreed upon
between Great Britain and France, and His Britannic Majesty should
174
AMERICAN HISTORICAL DOCUMENTS 175
be ready to conclude such treaty accordingly; and the treaty between
Great Britain and France having since been concluded, His Britannic
Majesty and the United States of America, in order to carry into full
effect the provisional articles above mentioned, according to the tenor
thereof, have constituted and appointed, that is to say, His Britannic
Majesty on his part, David Hartley, esqr., member of the Parliament
of Great Britain; and the said United States on their part, John
Adams, esqr., late a commissioner of the United States of America
at the Court of Versailles, late Delegate in Congress from the State
of Massachusetts, and chief justice of the said State, and Minister
Plenipotentiary of the said United States to their High Mightinesses
the States General of the United Netherlands; Benjamin Franklin,
esq're, late Delegate in Congress from the State of Pennsylvania,
president of the convention of the said State, and Minister Plenipo-
tentiary from the United States of America at the Court of Ver-
sailles; John Jay, esq're, late President of Congress, and Chief Justice
of the State of New York, and Minister Plenipotentiary from the
said United States at the Court of Madrid, to be the Plenipotentiaries
for the concluding and signing the present definitive treaty; who,
after having reciprocally communicated their respective full powers,
have agreed upon and confirmed the following articles:
ARTICLE I
His Britannic Majesty acknowledges the said United States, viz.
New Hampshire, Massachusetts Bay, Rhode Island, and Providence
Plantations, Connecticut, New York, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South Carolina, and
Georgia, to be free, sovereign and independent States; that he treats
with them as such, and for himself, his heirs and successors, relin-
quishes all claims to the Government, proprietory and territorial
rights of the same, and every part thereof.
ARTICLE II
And that all disputes which might arise in future, on the subject of
the boundaries of the said United States may be prevented, it is
hereby agreed and declared, that the following are, and shall be
their boundaries, viz.: From the northwest angle of Nova Scotia,
176 AMERICAN HISTORICAL DOCUMENTS
viz. that angle which is formed by a line drawn due north from the
source of Saint Croix River to the Highlands; along the said High-
lands which divide those rivers that empty themselves into the river
St. Lawrence, from those which fall into the Atlantic Ocean, to
the north westernmost head of Connecticut River; thence down along
the middle of that river, to the forth-fifth degree of north latitude;
from thence, by a line due west on said latitude, until it strikes the
river Iroquois or Cataraquy; thence along the middle of said river
into Lake Ontario, through the middle of said lake until it strikes
the communication by water between that lake and Lake Erie;
thence along the middle of said communication into Lake Erie,
through the middle of said lake until it arrives at the water com-
munication between that lake and Lake Huron; thence along the
middle of said water communication into the Lake Huron; thence
through the middle of said lake to the water communication between
that Lake and Lake Superior; thence through Lake Superior north-
ward of the Isles Royal and Phelipeaux, to the Long Lake; thence
through the middle of said Long Lake, and the water communica-
tion between it and the Lake of the Woods, to the said Lake of
the Woods; thence through the said lake to the most northwestern
point thereof, and from thence on a due west course to the river
Mississippi; thence by a line to be drawn along the middle of the
said river Mississippi until it shall intersect the northernmost part
of the thirty-first degree of north latitude. South, by a line to be
drawn due east from the determination of the line last mentioned,
in the latitude of thirty-one degrees north of the Equator, to the
middle of the river Apalachicola or Catahouche; thence along the
middle thereof to its junction with the Flint River; thence straight
to the head of St. Mary's River; and thence down along the middle
of St. Mary's River to the Atlantic Ocean. East, by a line to be drawn
along the middle of the river St. Croix, from its mouth in the Bay of
Fundy to its source, and from its source directly north to the afore-
said Highlands, which divide the rivers that fall into the Atlantic
Ocean from those which fall into the river St. Lawrence; compre-
hending all islands within twenty leagues of any part of the shores
of the United States, and lying between lines to be drawn due east
from the points where the aforesaid boundaries between Nova Scotia
AMERICAN HISTORICAL DOCUMENTS 177
on the one part, and East Florida on the other, shall respectively
touch the Bay of Fundy and the Atlantic Ocean; excepting such
islands as now are, or heretofore have been, within the limits of the
said province of Nova Scotia.
ARTICLE III
It is agreed that the people of the United States shall continue to
enjoy unmolested the right to take fish of every kind on the Grand
Bank, and on all the other banks of Newfoundland; also in the Gulph
of Saint Lawrence, and at all other places in the sea where the inhabi-
tants of both countries used at any time heretofore to fish. And also
that the inhabitants of the United States shall have liberty to take
fish of every kind on such part of the coast of Newfoundland as
British fishermen shall use (but not to dry or cure the same on that
island) and also on the coasts, bays, and creeks of all other of His
Britannic Majesty's dominions in America; and that the American
fishermen shall have liberty to dry and cure fish in any of the
unsettled bays, harbours, and creeks of Nova Scotia, Magdalen
Islands, and Labrador, so long as the same shall remain unsettled;
but so soon as the same or either of them shall be settled, it shall
not be lawful for the said fishermen to dry or cure fish at such settle-
ment, without a previous agreement for that purpose with the
inhabitants, proprietors, or possessors of the ground.
ARTICLE IV
It is agreed that creditors on either side shall meet with no lawful
impediment to the recovery of the full value in sterling money, of
all bona fide debts heretofore contracted.
ARTICLE V
It is agreed that the Congress shall earnestly recommend it to the
legislatures of the respective States, to provide for the restitution of
all estates, rights, and properties which have been confiscated, belong-
ing to real British subjects, and also of the estates, rights and prop-
erties of persons resident in districts in the possession of His Maj-
esty's arms, and who have not borne arms against the said United
States. And that persons of any other description shall have free
178 AMERICAN HISTORICAL DOCUMENTS
liberty to go to any part or parts o any of the thirteen United
States, and therein to remain twelve months, unmolested in their
endeavours to obtain the restitution of such of their estates, rights,
and properties as may have been confiscated; and that Congress
shall also earnestly recommend to the several States a reconsideration
and revision of all acts or laws regarding the premises, so as to
render the said laws or acts perfectly consistent, not only with
justice and equity, but with that spirit of conciliation which, on the
return of the blessings of peace, should universally prevail. And
that Congress shall also earnestly recommend to the several States,
that the estates, rights, and properties of such last mentioned persons,
shall be restored to them, they refunding to any persons who may
be now in possession, the bona fide price (where any has been
given) which such persons may have paid on purchasing any of
the said lands, rights, or properties, since the confiscation. And it
is agreed, that all persons who have any interest in confiscated lands,
either by debts, marriage settlements, or otherwise, shall meet with
no lawful impediment in the prosecution of their just rights.
ARTICLE VI
That there shall be no future confiscations made, nor any prosecu-
tions commenc'd against any person or persons for, or by reason
of the part which he or they may have taken in the present war;
and that no person shall, on that account, suffer any future loss or
damage, either in his person, liberty, or property; and that those who
may be in confinement on such charges, at the time of the ratification
of the treaty in America, shall be immediately set at liberty, and
the prosecutions so commenced be discontinued.
ARTICLE VII
There shall be a firm and perpetual peace between His Britannic
Majesty and the said States, and between the subjects of the one
and the citizens of the other, wherefore all hostilities, both by sea
and land, shall from henceforth cease: All prisoners on both sides
shall be set at liberty, and His Britannic Majesty shall, with all
convenient speed, and without causing any destruction, or carrying
away any negroes or other property of the American inhabitants,
AMERICAN HISTORICAL DOCUMENTS 179
withdraw all his armies, garrisons, and fleets from the said United
States, and from every port, place, and harbour within the same;
leaving in all fortifications the American artillery that may be there-
in: And shall also order and cause all archives, records, deeds, and
papers, belonging to any of the said States, or their citizens, which,
in the course of the war, may have fallen into the hands of his
officers, to be forthwith restored and delivered to the proper States
and persons to whom they belong.
ARTICLE VIII
The navigation of the river Mississippi, from its source to the
ocean, shall forever remain free and open to the subjects of Great
Britain, and the citizens of the United States.
ARTICLE IX
In case it should so happen that any place or territory belonging
to Great Britain or to the United States, should have been conquer'd
by the arms of either from the other, before the arrival of the said
provisional articles in America, it is agreed, that the same shall be
restored without difficulty, and without requiring any compensa-
tion.
ARTICLE X
The solemn ratifications of the present treaty, expedited in good
and due form, shall be exchanged between the contracting parties,
in the space of six months, or sooner if possible, to be computed
from the day of the signature of the present treaty. In witness
whereof, we the undersigned, their Ministers Plenipotentiary, have
in their name and in virtue of our full powers, signed with our
hands the present definitive treaty, and caused the seals of our arms
to be affix'd thereto.
Done at Paris, this third day of September, in the year of our
Lord one thousand seven hundred and eighty-three.
D. HARTLEY [L. s.]
JOHN ADAMS [L. s.]
B. FRANKLIN [L. s.]
JOHN JAY [L. s.]
CONSTITUTION
OF THE UNITED STATES
(1787)
[On May 25, 1787, fifty-five delegates from the various States met in Philadelphia
to discuss the drawing up of a Constitution to take the place of the Articles of Con-
federation. Washington presided; and, after a long struggle and many compromises,
the resultant document was referred to the several States on September 28 of the
same year. By June 21, 1789, the required nine out of the thirteen States had
ratified it, and the new federal government was established at New York on April
30, 1789. The dates of the amendments are as follows: I-X, Nov. 3, 1791; XI, Jan.
8, 1798; XII, Sept. 25, 1804; XIII, Feb. i, 1865; XIV, July 28, 1868; XV, March 30,
1870; XVI, Feb. 25, 1913; XVII, May 31, 1913; XVIII, Jan. 29, 1919; XIX,
Aug. 26, 1920.]
We, the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for
the common defence, promote the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do ordain and
establish this CONSTITUTION for the United States of America.
ARTICLE I
SECTION i All legislative Powers herein granted shall be
vested in a Congress of the United States, which shall consist
of a Senate and House of Representatives.
SECTION 2 (i) The House of Representatives shall be composed
of Members chosen every second Year by the People of the several
States, and the Electors in each State shall have the Qualifications
requisite for Electors of the most numerous Branch of the State
Legislature.
(2) No person shall be a Representative who shall not have at-
tained to the Age of Twenty-five years, and been seven Years a
Citizen of the United States, and who shall not, when elected, be an
inhabitant of that State in which he shall be chosen.
(3) Representatives and direct Taxes shall be apportioned among
the several States which may be included within this Union, accord-
180
AMERICAN HISTORICAL DOCUMENTS l8l
ing to their respective Numbers, which shall be determined by add-
ing to the whole Number of free Persons, including those bound
to Service for a Term of Years, and excluding Indians not taxed,
three fifths of all other Persons. The actual Enumeration shall be
made within three Years after the first Meeting of the Congress of
the United States, and within every subsequent Term of ten Years,
in such Manner as they shall by Law direct. The Number of
Representatives shall not exceed one for every thirty Thousand, but
each State shall have at Least one Representative; and until such
enumeration shall be made, the State of New Hampshire shall be
entitled to chuse three, Massachusetts eight, Rhode Island and
Providence Plantations one, Connecticut five, New York six, New
Jersey four, Pennsylvania eight, Delaware one, Maryland six, Vir-
ginia ten, North Carolina five, South Carolina five, and Georgia
three.
(4) When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
(5) The House of Representatives shall chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment.
SECTION 3 (i) The Senate of the United States shall be composed
of two Senators from each State, chosen by the Legislature thereof,
for six Years; and each Senator shall have one Vote.
(2) Immediately after they shall be assembled in Consequence
of the first Election, they shall be divided as equally as may be into
three Classes. The Seats of the Senators of the first Class shall be
vacated at the Expiration of the second Year, of the second Class at
the Expiration of the fourth Year, and of the third Class at the
Expiration of the sixth Year, so that one third may be chosen every
second Year; and if Vacancies happen by Resignation, or otherwise,
during the Recess of the Legislature of any State, the Executive
thereof may make temporary Appointments until the next meeting
of the Legislature, which shall then fill such Vacancies.
(3) No Person shall be a Senator who shall not have attained
to the Age of thirty Years, and been nine Years a Citizen of the
United States, and who shall not, when elected, be an Inhabitant
of that State for which he shall be chosen.
1 82 AMERICAN HISTORICAL DOCUMENTS
(4) The Vice President o the United States shall be President
of the Senate, but shall have no Vote, unless they be equally divided.
(5) The Senate shall chuse their other Officers, and also a Presi-
dent pro tempore, in the Absence of the Vice President, or when
he shall exercise the Office of President of the United States.
(6) The Senate shall have the sole Power to try all Impeach-
ments. When sitting for that Purpose, they shall be on Oath or
Affirmation. When the President of the United States is tried, the
Chief Justice shall preside: And no Person shall be convicted without
the Concurrence of two thirds of the Members present.
(7) Judgment in Cases of Impeachment shall not extend further
than to removal from Office, and disqualification to hold and enjoy
any Office of honor, Trust or Profit under the United States: but
the Party convicted shall nevertheless be liable and subject to In-
dictment, Trial, Judgment and Punishment, according to Law.
SECTION 4 (i) The Times, Places and Manner of holding Elec-
tions for Senators and Representatives, shall be prescribed in each
State by the Legislature thereof; but the Congress may at any time
by Law make or alter such Regulations, except as to the Places of
chusing Senators.
(2) The Congress shall assemble at least once in every Year,
and such Meeting shall be on the first Monday in December, unless
they shall by Law appoint a different Day.
SECTION 5 (i) Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members, and a Majority of
each shall constitute a Quorum to do Business; but a smaller Number
may adjourn from day to day, and may be authorized to compel
the Attendance of absent Members, in such Manner, and under
such Penalties as each House may provide.
(2) Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behavior, and, with the Concur-
rence of two thirds, expel a Member.
(3) Each House shall keep a Journal of its Proceedings, and from
time to time publish the same, excepting such Parts as may in their
Judgment require Secrecy; and the Yeas and Nays of the Members
of either House on any question shall, at the Desire of one fifth
of those present, be entered on the Journal.
AMERICAN HISTORICAL DOCUMENTS 183
(4) Neither House, during the Session of Congress, shall, with-
out the Consent of the other, adjourn for more than three days, nor
to any other Place than that in which the two Houses shall be sitting.
SECTION 6 (i) The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law, and
paid out of the Treasury of the United States. They shall in all
Cases, except Treason, Felony and Breach of the Peace, be privileged
from Arrest during their Attendance at the Session of their re-
spective Houses, and in going to and returning from the same; and
for any Speech or Debate in either House, they shall not be ques-
tioned in any other Place.
(2) No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Office under the
Authority of the United States, which shall have been created, or
the Emoluments whereof shall have been encreased during such
time; and no Person holding any Office under the United States,
shall be a Member of either House during his Continuance in
Office.
SECTION 7 (i) All Bills for raising Revenue shall originate in
the House of Representatives; but the Senate may propose or concur
with Amendments as on other Bills.
(2) Every Bill which shall have passed the House of Represent-
atives and the Senate, shall, before it become a Law, be presented to
the President of the United States; If he approve he shall sign it,
but if not he shall return it, with his Objections to that House in
which it shall have originated, who shall enter the Objections at
large on their Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass the
Bill, it shall be sent, together with the Objections, to the other House,
by which it shall likewise be reconsidered, and if approved by two
thirds of that House, it shall become a Law. But in all such Cases
the Votes of both Houses shall be determined by Yeas and Nays,
and the Names of the Persons voting for and against the Bill shall
be entered on the Journal of each House respectively. If any Bill
shall not be returned by the President within ten Days (Sundays
excepted) after it shall have been presented to him, the Same shall
be a law, in like Manner as if he had signed it, unless the Congress
184 AMERICAN HISTORICAL DOCUMENTS
by their Adjournment prevent its Return, in which Case it shall
not be a Law.
(3) Every Order, Resolution, or Vote to which the Concurrence
of the Senate and House of Representatives may be necessary (ex-
cept on a question of Adjournment) shall be presented to the Presi-
dent of the United States; and before the Same shall take Effect,
shall be approved by him, or being disapproved by him, shall be
repassed by two thirds of the Senate and House of Representatives,
according to the Rules and Limitations prescribed in the Case of
a Bill.
SECTION 8 (i) The Congress shall have Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts and provide for
the common Defence and general Welfare of the United States;
but all Duties, Imposts and Excises shall be uniform throughout
the United States;
(2) To borrow money on the Credit of the United States;
(3) To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
(4) To establish an uniform Rule of Naturalization, and uni-
form Laws on the subject of Bankruptcies throughout the United
States;
(5) To coin Money, regulate the Value thereof, and of foreign
Coin, and to fix the Standard of Weights and Measures;
(6) To provide for the Punishment of counterfeiting the Secur-
ities and current Coin of the United States;
(7) To establish Post Offices and post Roads;
(8) To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
(9) To constitute Tribunals inferior to the Supreme Court;
(10) To define and Punish Piracies and Felonies committed on
the high Seas, and Offences against the Law of Nations;
(u) To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water;
(12) To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two Years;
(13) To provide and maintain a Navy;
AMERICAN HISTORICAL DOCUMENTS 185
(14) To make Rules for the Government and Regulation of
the land and naval Forces;
(15) To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions;
(16) To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be employed
in the Service of the United States, reserving to the States respec-
tively, the Appointment of the Officers, and the Authority of train-
ing the Militia according to the discipline prescribed by Congress;
(17) To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the Acceptance of Congress, be-
come the Seat of the Government of the United States, and to
exercise like Authority over all Places purchased by the Consent
of the Legislature of the State in which the Same shall be, for the
Erection of Forts, Magazines, Arsenals, dock-Yards, and other need-
ful Buildings; And
(18) To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other Powers
vested by this Constitution in the Government of the United States,
or in any Department or Officer thereof.
SECTION 9 (i) The Migration or Importation of such Persons
as any of the States now existing shall think proper to admit, shall
not be prohibited by the Congress prior to the Year one thousand
eight hundred and eight, but a Tax or Duty may be imposed on
such Importation, not exceeding ten dollars for each Person.
(2) The Privilege of the Writ of Habeas Corpus shall not be
suspended unless when in Cases of Rebellion or Invasion the public
Safety may require it.
(3) No Bill of Attainder or ex post facto Law shall be passed.
(4) No Capitation, or other direct, tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed
to be taken.
(5) No Tax or Duty shall be laid on Articles exported from any
State.
(6) No preference shall be given by any Regulation of Commerce
or Revenue to the Ports of one State over those of another : nor shall
1 86 AMERICAN HISTORICAL DOCUMENTS
Vessels bound to, or from, one State, be obliged to enter, clear, or
pay Duties in another.
(7) No Money shall be drawn from the Treasury, but in Con-
sequence of Appropriations made by Law; and a regular Statement
and Account of the Receipts and Expenditures of all public Money
shall be published from time to time.
(8) No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under them,
shall, without the Consent of the Congress, accept of any present,
Emolument, Office, or Title, of any kind whatever, from any King,
Prince, or foreign State.
SECTION 10 (i) No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal; coin
Money; emit Bills of Credit; make any Thing but gold and silver
Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex
post facto Law, or Law impairing the Obligation of Contracts, or
grant any Title of Nobility.
(2) No State shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports, except what may be
absolutely necessary for executing it's inspection Laws: and the net
Produce of all Duties and Imposts, laid by any State on Imports or
Exports, shall be for the Use of the Treasury of the United States;
and all such Laws shall be subject to the Revision and controul of
the Congress.
(3) No State shall, without the Consent of Congress, lay any
Duty of Tonnage, keep Troops, or Ships of War in time of Peace,
enter into any Agreement or Compact with another State, or with
a foreign Power, or engage in War, unless actually invaded, or in
such imminent Danger as will not admit of Delay.
ARTICLE II
SECTION i (i) The executive Power shall be vested in a President
of the United States of America. He shall hold his Office during
the Term of four Years, and, together with the Vice President,
chosen for the same Term, be elected, as follows:
AMERICAN HISTORICAL DOCUMENTS 187
(2) Each State shall appoint, in such Manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the State may
be entitled in the Congress: but no Senator or Representative, or
Person holding an Office of Trust or Profit under the United States,
shall be appointed an Elector.
The electors shall meet in their respective States, and vote by bal-
lot for two Persons, of whom one at least shall not be an Inhabitant
of the same State with themselves. And they shall make a List of
all the Persons voted for, and of the Number of Votes for each;
which List they shall sign and certify, and transmit sealed to the
Seat of Government of the United States, directed to the President
of the Senate. The President of the Senate shall, in the Presence of
the Senate and House of Representatives, open all the Certificates,
and the Votes shall then be counted. The Person having the great-
est Number of Votes shall be the President, if such Number be a
Majority of the whole Number of Electors appointed; and if there
be more than one who have such Majority and have an equal
Number of Votes, then the House of Representatives shall im-
mediately chuse by Ballot one of them for President; and if no
person have a Majority, then from the five highest on the List the
said House shall in like Manner chuse the President. But in chusing
the President, the Votes shall be taken by States, the Representation
from each State having one Vote; A quorum for this Purpose shall
consist of a Member or Members from two-thirds of the States,
and a Majority of all the States shall be necessary to a Choice. In
every Case, after the Choice of the President, the person having the
greatest Number of Votes of the Electors shall be the Vice Presi-
dent. But if there should remain two or more who have equal
votes, the Senate shall chuse from them by Ballot the Vice-Presi-
dent.
(3) The Congress may determine the Time of chusing the Elec-
tors, and the Day on which they shall give their Votes; which Day
shall be the same throughout the United States.
(4) No Person except a natural born Citizen, or a Citizen of
the United States, at the time of the Adoption of this Constitution,
1 88 AMERICAN HISTORICAL DOCUMENTS
shall be eligible to the Office of President; neither shall any Person
be eligible to that Office who shall not have attained to the Age of
thirty five Years, and been fourteen Years a Resident within the
United States.
(5) In Case of the Removal of the President from Office, or of
his Death, Resignation, or Inability to discharge the Powers and
Duties of the said Office, the same shall devolve on the Vice Presi-
dent, and the Congress may by Law provide for the Case of Removal,
Death, Resignation, or Inability, both of the President and Vice
President, declaring what Officer shall then act as President, and
such Officer shall act accordingly, until the Disability be removed,
or a President shall be elected.
(6) The President shall, at stated Times, receive for his Services,
a Compensation, which shall neither be encreased nor diminished
during the Period for which he shall have been elected, and he
shall not receive within that Period any other Emolument from the
United States, or any of them.
(7) Before he enter on the Execution of his Office, he shall take
the following Oath or Affirmation: "I do solemnly swear (or
affirm) that I will faithfully execute the Office of President of the
United States, and will to the best of my Ability, preserve, protect
and defend the Constitution of the United States."
SECTION 2 (i) The President shall be Commander in Chief of
the Army and Navy of the United States, and of the Militia of the
several States, when called into actual Service of the United States;
he may require the Opinion, in writing, of the principal Officer in
each of the executive Departments, upon any subject relating to the
Duties of their respective Offices, and he shall have Power to grant
Reprieves and Pardons for Offences against the United States, ex-
cept in Cases of Impeachment.
(2) He shall have Power, by and with the Advice and Consent
of the Senate, to make Treaties, provided two-thirds of the Senators
present concur; and he shall nominate, and by and with the Advice
and Consent of the Senate, shall appoint Ambassadors, other public
Ministers and Councils, Judges of the supreme Court, and all other
Officers of the United States, whose Appointments are not herein
AMERICAN HISTORICAL DOCUMENTS 189
otherwise provided for, and which shall be established by Law: but
the Congress may by Law vest the Appointment of such inferior
Officers as they think proper, in the President alone, in the Courts
of Law, or in the Heads of Departments.
(3) The President shall have power to fill up all Vacancies that
may happen during the Recess of the Senate, by granting Com-
missions which shall expire at the End of their next Session.
SECTION 3 He shall from time to time give to the Congress In-
formation of the State of the Union, and recommend to their Con-
sideration such Measures as he shall judge necessary and expedient;
he may, on extraordinary Occasions, convene both Houses, or either
of them, and in Case of Disagreement between them, with Respect
to the Time of Adjournment, he may adjourn them to such Time
as he shall think proper; he shall receive Ambassadors and other
public Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Officers of the United States.
SECTION 4 The President, Vice President and all civil Officers of
the United States, shall be removed from Office on Impeachment
for, and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors.
ARTICLE III
SECTION i The judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish. The Judges,
both of the supreme and inferior Courts, shall hold their Offices
during good Behavior, and shall, at stated Times, receive for their
Services, a Compensation, which shall not be diminished during
their Continuance in Office.
SECTION 2 (i) The judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the Laws of the
United States, and Treaties made, or which shall be made, under
their Authority; to all Cases affecting Ambassadors, other public
Ministers and Consuls; to all Cases of admiralty and maritime
Jurisdiction; to Controversies to which the United States shall
be a party; to Controversies between two or more States;
I9O AMERICAN HISTORICAL DOCUMENTS
between a State and Citizens of another State; between Citizens of
different States, between Citizens of the same State claiming
Lands under Grants of different States, and between a State, or
the Citizens thereof, and foreign States, Citizens or subjects.
(2) In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be a Party, the Supreme
Court shall have original Jurisdiction. In all the other Cases before
mentioned, the Supreme Court shall have appellate Jurisdiction, both
as to Law and Fact, with such Exceptions, and under such Regula-
tions as the Congress shall make.
(3) The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State where
the said Crimes shall have been committed; but when not committed
within any State, the Trial shall be at such Place or Places as the
Congress may by Law have directed.
SECTION 3 (i) Treason against the United States, shall consist
only in levying War against them, or in adhering to their Enemies,
giving them Aid and Comfort. No person shall be convicted of
Treason unless on the Testimony of two Witnesses to the same
overt Act, or on Confession in open Court.
(2) The Congress shall have Power to declare the Punishment
of Treason, but no Attainder of Treason shall work Corruption of
Blood, or Forfeiture except during the Life of the Person attainted.
ARTICLE IV
SECTION i Full Faith and Credit shall be given in each State to
the public Acts, Records, and judicial Proceedings of every other
State. And the Congress may by general Laws prescribe the Man-
ner in which such Acts, Records and Proceedings shall be proved,
and the Effect thereof.
SECTION 2 (i) The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in the several States.
(2) A person charged in any State with Treason, Felony, or
other Crime, who shall flee from Justice, and be found in another
State, shall on Demand of the executive Authority of the State
from which he fled, be delivered up to be removed to the State
having Jurisdiction of the Crime.
AMERICAN HISTORICAL DOCUMENTS
(3) No person held to Service or Labour in one State, under the
Laws thereof, escaping into another, shall, in Consequence of any
Law or Regulation therein, be discharged from such Service or
Labour, but shall be delivered up on Claim of the Party to whom
such service or Labour may be due.
SECTION 3 (i) New States may be admitted by the Congress into
this Union; but no new State shall be formed or erected within the
Jurisdiction of any other State; nor any State be formed by the
Junction of two or more States, or Parts of States, without the Con-
sent of the Legislatures of the States concerned as well as of the
Congress.
(2) The Congress shall have Power to dispose of and make all
needful Rules and Regulations respecting the Territory or other
Property belonging to the United States; and nothing in this Con-
stitution shall be so construed as to Prejudice any Claims of the
United States, or of any particular State.
SECTION 4 The United States shall guarantee to every State in
this Union a Republican Form of Government, and shall protect each
of them against Invasion; and on Application of the Legislature, or
of the Executive (when the Legislature cannot be convened) against
domestic Violence.
ARTICLE V
The Congress, whenever two thirds of both Houses shall deem
it necessary, shall propose Amendments to this Constitution, or,
on the Application of the Legislatures of two thirds of the several
States, shall call a Convention for proposing Amendments, which,
in either Case, shall be valid to all Intents and Purposes, as Part
of this Constitution, when ratified by the Legislatures of three
fourths of the several States, or by Conventions in three fourths
thereof, as the one or the other Mode of Ratification may be pro-
posed by the Congress; Provided that no Amendment which may
be made prior to the Year One thousand eight hundred and eight
shall in any Manner affect the first and fourth Clauses in the Ninth
Section of the first Article; and that no State, without its Consent,
shall be deprived of its equal Suffrage in the Senate.
192 AMERICAN HISTORICAL DOCUMENTS
ARTICLE VI
(1) All Debts contracted and Engagements entered into, before
the Adoption of this Constitution, shall be as valid against the
United States under this Constitution, as under the Confederation.
(2) This Constitution, and the Laws of the United States which
shall be made in pursuance thereof; and all Treaties made, or which
shall be made, under the Authority of the United States, shall be
the supreme Law of the Land; and the Judges in every State shall
be bound thereby, any Thing in the Constitution or Laws of any
State to the Contrary notwithstanding.
(3) The Senators and Representatives before mentioned, and
the Members of the several State Legislatures, and all executive and
judicial Officers, both of the United States and of the several States,
shall be bound by Oath or Affirmation, to support this Constitution;
but no religious Test shall ever be required as a Qualification to any
Office or public Trust under the United States.
ARTICLE VII
The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between the
States so ratifying the Same.
DONE in Convention by the Unanimous Consent of the States
present, the Seventeenth Day of September in the Year of our
Lord one thousand seven hundred and Eighty seven and of the
Independence of the United States of America the Twelfth.
3tt Wttttfflfi whereof We have hereunto subscribed our Names,
Go. WASHINGTON
Presidt. and Deputy from Virginia.
New Hampshire
JOHN LANGDON NICHOLAS OILMAN
Massachusetts
NATHANIEL GORHAM RUFUS KING
Connecticut
WM. SAML. JOHNSON ROGER SHERMAN
AMERICAN HISTORICAL DOCUMENTS
New
193
ALEXANDER HAMILTON
WIL: LIVINGSTON
DAVID BREARLEY
B. FRANKLIN
THOMAS MIFFLIN
ROBT. MORRIS
GEO. CLYMER
GEO. READ
GUNNING BEDFORD, JUN
JOHN DICKINSON
JAMES McHENRY
DAN OF ST. THOS. JENIFER
JOHN BLAIR
WM. BLOUNT
RICHD DOBBS SPAIGHT
J. RUTLEDGE
CHARLES COTESWORTH
PlNCKNEY.
WILLIAM FEW
Attest
New Jersey
WM. PATTERSON
JONA: DAYTON
Pennsylvania
THOS. FITZSIMONS
JARED INGERSOLL
JAMES WILSON
Gouv. MORRIS
Delaware
RICHARD BASSETT
JACO: BROOM
Maryland
DANL. CARROLL
Virginia
JAMES MADISON, JR
North Carolina
Hu. WILLIAMSON
South Carolina
CHARLES PINCKNEY
PIERCE BUTLER
Georgia
ABR. BALDWIN-
WILLIAM JACKSON Secretary
194 AMERICAN HISTORICAL DOCUMENTS
AMENDMENTS
Articles in Addition to, and Amendment of, the Constitution of
the United States of America, Proposed by Congress, and Ratified
by the Legislatures of the Several States Pursuant to the Fifth Article
of the Original Constitution.
ARTICLE I
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances.
ARTICLE II
A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed.
ARTICLE III
No soldier shall, in time of peace be quartered in any house, without
the consent of the Owner, nor in time of war, but in a manner to be
prescribed by law.
ARTICLE IV
The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause, sup-
ported by Oath or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized.
ARTICLE V
No person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or in public danger; nor shall any person be sub-
ject for the same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any Criminal Case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use, without just compen-
sation.
ARTICLE VI
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
AMERICAN HISTORICAL DOCUMENTS 195
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against him;
to have compulsory process for obtaining Witnesses in his favor, and to
have the Assistance of Counsel for his defence.
ARTICLE VII
In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common law.
ARTICLE VIII
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
ARTICLE IX
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
ARTICLE X
The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States respectively,
or to the people.
ARTICLE XI
The Judicial power of the United States shall not be construed to
extend to any suit in law or equity, commenced or prosecuted against
one of the United States by Citizens of another State, or by Citizens or
Subjects of any Foreign State.
ARTICLE XII
The Electors shall meet in their respective States, and vote by ballot
for President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same State with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the per-
son voted for as Vice-President, and they shall make distinct lists of all
persons voted for as President, and of all persons voted for as Vice-
President, and of the number of votes for each, which lists they shall
sign and certify, and transmit sealed to the seat of the government of
the United States, directed to the President of the Senate; The Presi-
dent of the Senate shall, in presence of the Senate and House of Repre-
sentative*; open all the certificates and the votes shall then be counted;
196 AMERICAN HISTORICAL DOCUMENTS
The person having the greatest number of votes for President, shall be
the President, if such number be a majority of the whole number of
Electors appointed; and if no person have such majority, then from the
persons having the highest numbers not exceeding three on the list of
those voted for as President, the House of Representatives shall choose
immediately, by ballot, the President. But in choosing the President, the
votes shall be taken by States, the representation from each State having
one vote; a quorum for this purpose shall consist of a member or mem-
bers from two-thirds of the States, and a majority of all the States shall
be necessary to a choice. And if the House of Representatives shall not
choose a President whenever the right of choice shall devolve upon them,
before the fourth day of March next following, then the Vice-President
shall act as President, as in the case of the death or other constitutional
disability of the President. The person having the greatest number of
votes as Vice-President, shall be the Vice-President, if such number be a
majority of the whole number of Electors appointed, and if no person
have a majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the purpose shall
consist of two-thirds of the whole number of Senators, and a majority
of the whole number shall be necessary to a choice. But no person con-
stitutionally ineligible to the office of President shall be eligible to that
of Vice-President of the United States.
ARTICLE XIII
SECTION i Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject to their juris-
diction.
SECTION 2 Congress shall have power to enforce this article by appro-
priate legislation.
ARTICLE XIV
SECTION i All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and
of the State wherein they reside. No State shall make or enforce any
law which shall abridge the privilege or immunities of citizens of the
United States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
SECTION 2 Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole num-
ber of persons in each State, excluding Indians not taxed. But when the
right to vote at any election for the choice of electors for President and
Vice-President of the United States, Representatives in Congress, the
AMERICAN HISTORICAL DOCUMENTS 197
Executive and Judicial officers of a State, or the members of the Legis-
lature thereof, is denied to any of the male inhabitants of such States,
being twenty-one years of age, and citizens of the United States, or in any
way abridged, except for participation in rebellion, or other crime, the
basis of representation therein shall be reduced in the proportion which
the number of such male citizens shall bear to the whole number of male
citizens twenty-one years of age in such State.
SECTION 3 No person shall be a Senator or Representative in Congress,
or elector of President and Vice-President, or hold any office, civil or
military, under the United States, or under any State, who, having pre-
viously taken an oath, as a member of Congress, or as an officer of the
United States, or as a member of any State legislature, or as an executive
or judicial officer of any State, to support the Constitution of the United
States, shall have engaged in insurrection or rebellion against the same,
or given aid or comfort to the enemies thereof. But Congress may by a
vote of two-thirds of each House, remove such disability.
SECTION 4 The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or emancipation of
any slave; but all such debts, obligations and claims shall be held illegal
and void.
SECTION 5 The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article.
ARTICLE XV
SECTION I The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on account
of race, color, or previous condition of servitude.
SECTION 2 The Congress shall have power to enforce this article by
appropriate legislation.
ARTICLE XVI
The Congress shall have power to lay and collect taxes on incomes,
from whatever source derived, without apportionment among the several
States, and without regard to any census or enumeration.
ARTICLE XVII
SECTION I The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for six years;
and each Senator shall have one vote. The electors in each State shall
198 AMERICAN HISTORICAL DOCUMENTS
have the qualifications requisite for electors of the most numerous branch
of the State Legislatures.
SECTION 2 When vacancies happen in the representation of any State
in the Senate, the executive authority of such State shall issue writs of
election to fill such vacancies: Provided, That the Legislature of any
State may empower the Executive thereof to make temporary appoint-
ment until the people fill the vacancies by election as the Legislature may
direct.
SECTION 3 This amendment shall not be so construed as to affect the
election or term of any Senator chosen before it becomes valid as part
of the Constitution.
ARTICLE XVIII
SECTION i After one year from the ratification of this article the
manufacture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the United
States and all territory subject to the jurisdiction thereof for beverage
purposes is hereby prohibited.
SECTION 2 The Congress and the several States shall have concurrent
power to enforce this article by appropriate legislation.
SECTION 3 This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of the
several States, as provided in the Constitution, within seven years from
the date of the submission hereof to the States by the Congress.
ARTICLE XIX
SECTION i The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on account of
sex.
SECTION 2 Congress shall have power, by appropriate legislation, to
enforce the provisions of this article.
THE FEDERALIST
NOS. I AND II
(1787)
[In the interval between the drawing up of the Constitution and its ratification, there
appeared in The Independent Journal and other New York newspapers a series of
eighty-five articles under the general heading of The Federalist, devoted to expound-
ing and defending the new instrument of government. Most of the articles were
written by Hamilton, some twenty-nine by Madison (whose work the Constitution
largely was), and five by Jay. Together they form one of the great classics on
government; and they exercised a highly important influence in favor of the adoption
of the Constitution.]
FOR THE INDEPENDENT JOURNAL
THE FEDERALIST, NO. I
BY ALEXANDER HAMILTON
To THE PEOPLE OF THE STATE OF NEW YORK:
ATER an unequivocal experience of the inefficacy of the sub-
sisting Fcederal Government, you are called upon to deliber-
ate on a new Constitution for the United States of America.
The subject speaks its own importance; comprehending in its con-
sequences, nothing less than the existence of the UNION, the safety
and welfare of the parts of which it is composed, the fate of an
empire, in many respects, the most interesting in the world. It has
been frequently remarked, that it seems to have been reserved to
the people of this country, by their conduct and example, to decide
the important question, whether societies of men are really capable
or not, of establishing good government from reflection and choice,
or whether they are forever destined to depend, for their political
constitutions, on accident and force. If there be any truth in the
remark, the crisis, at which we are arrived, may with propriety be
regarded as the aera in which that decision is to be made; and a
wrong election of the part we shall act, may, in this view, deserve
to be considered as the general misfortune of mankind.
199
2OO AMERICAN HISTORICAL DOCUMENTS
This idea will add the inducements of philanthropy to those of
patriotism to heighten the solicitude, which all considerate and
good men must feel for the event. Happy will it be if our choice
should be directed by a judicious estimate of our true interests, un-
perplexed and unbiased by considerations not connected with the
public good. But this is a thing more ardently to be wished, than
seriously to be expected. The plan offered to our deliberations,
affects too many particular interests, innovates upon too many local
institutions, not to involve in its discussion a variety of objects foreign
to its merits, and of views, passions and prejudices little favorable to
the discovery of truth.
Among the most formidable of the obstacles which the new Con-
stitution will have to encounter, may readily be distinguished the
obvious interest of a certain class of men in every State to resist
all changes which may hazard a diminution of the power, emolu-
ment and consequence of the offices they hold under the State-
establishments and the perverted ambition of another class of men,
who will either hope to aggrandize themselves by the confusion of
their country, or will flatter themselves with fairer prospects of
elevation from the subdivision of the empire into several partial
confederacies, than from its union under one Government.
It is not, however, my design to dwell upon observations of this
nature. I am well aware that it would be disingenuous to resolve
indiscriminately the opposition of any set of men (merely because
their situations might subject them to suspicion) into interested or
ambitious views: Candor will oblige us to admit, that even such
men may be actuated by upright intentions; and it cannot be
doubted, that much of the opposition which has made its appear-
ance, or may hereafter make its appearance, will spring from sources,
blameless at least, if not respectable; the honest errors of minds led
astray by preconceived jealousies and fears. So numerous indeed
and so powerful are the causes, which serve to give a false bias to
the judgment, that we, upon many occasions, see wise and good
men on the wrong as well as on the right side of questions, of the
first magnitude to society. This circumstance, if duly attended to,
would furnish a lesson of moderation to those, who are ever so
much persuaded of their being in the right, in any controversy.
AMERICAN HISTORICAL DOCUMENTS 2OI
And a further reason for caution, in this respect, might be drawn
from the reflection, that we are not always sure, that those who
advocate the truth are influenced by purer principles than their
antagonists. Ambition, avarice, personal animosity, party opposition,
and many other motives, not more laudable than these, are apt to
operate as well upon those who support, as upon those who oppose,
the right side of a question. Were there not even these inducements
to moderation, nothing could be more ill-judged than that intolerant
spirit, which has, at all times, characterized political parties. For,
in politics as in religion, it is equally absurd to aim at making pros-
elytes by fire and sword. Heresies in either can rarely be cured by
persecution.
And yet however just these sentiments will be allowed to be, we
have already sufficient indications, that it will happen in this as
in all former cases of great national discussion. A torrent of angry
and malignant passions will be let loose. To judge from the con-
duct of the opposite parties, we shall be led to conclude, that they
will mutually hope to evince the justness of their opinions, and to
increase the number of their converts by the loudness of their dec-
lamations, and the bitterness of their invectives. An enlightened
zeal for the energy and efficiency of government will be stigmatized,
as the offspring of a temper fond of despotic power, and hostile
to the principles of liberty. An over scrupulous jealousy of danger
to the rights of the people, which is more commonly the fault of
the head than of the heart, will be represented as mere pretence and
artifice; the stale bait for popularity at the expense of public good.
It will be forgotten, on the one hand, that jealousy is the usual con-
comitant of violent love, and that the noble enthusiasm of liberty
is too apt to be infected with a spirit of narrow and illiberal distrust.
On the other hand, it will be equally forgotten, that the vigor of
Government is essential to the security of liberty; that, in the con-
templation of a sound and well-informed judgment, their interest
can never be separated; and that a dangerous ambition more often
lurks behind the specious mask of zeal for the rights of the people,
than under the forbidding appearance of zeal for the firmness and
efficiency of Government. History will teach us, that the former
has been found a much more certain road to the introduction of
2O2 AMERICAN HISTORICAL DOCUMENTS
despotism, than the latter; and that of those men who have over-
turned the liberties of republics the greatest number have begun
their career, by paying an obsequious court to the people; com-
mencing Demagogues, and ending Tyrants.
In the course of the preceding observations I have had an eye, my
Fellow-Citizens, to putting you upon your guard against all at-
tempts, from whatever quarter, to influence your decision* in a
matter of the utmost moment to your welfare by any impressions
other than those which may result from the evidence of truth. You
will, no doubt, at the same time, have collected from the general
scope of them that they proceed from a source not unfriendly to the
new Constitution. Yes, my Countrymen, I owe to you, that, after
having given it an attentive consideration, I am clearly of opinion,
it is your interest to adopt it. I am convinced, that this is the safest
course for your liberty, your dignity, and your happiness. I afreet
not reserves, which I do not feel. I will not amuse you with an
appearance of deliberation, when I have decided. I frankly acknowl-
edge to you my convictions, and I will freely lay before you the
reasons on which they are founded. The consciousness of good in-
tentions disdains ambiguity. I shall not however multiply pro-
fessions on this head. My motives must remain in the depository
of my own breast: My arguments will be open to all, and may be
j udged of by all. They shall at least be offered in a spirit which will
not disgrace the cause of truth.
I propose, in a series of papers, to discuss the following interesting
particulars. The utility of the UNION to your political prosperity
The insufficiency of the present Confederation to preserve that
Union The necessity of a Government at least equally energetic
with the one proposed, to the attainment of this object The con-
formity of the proposed Constitution to the true principles of re-
publican Government Its analogy to your own State Constitution
and lastly, The additional security which its adoption will afford
to the preservation of that species of Government, to liberty, and to
property.
In the progress of this discussion, I shall endeavor to give a satis-
factory answer to all the objections which shall have made their
appearance, that may seem to have any claim to your attention.
AMERICAN HISTORICAL DOCUMENTS 203
It may perhaps be thought superfluous to offer arguments to prove
the utility of the UNION, a point, no doubt, deeply engraved on
the hearts of the great body of the people in every State, and one,
which it may be imagined, has no adversaries. But the fact is, that
we already hear it whispered in the private circles of those who op-
pose the new Constitution, that the Thirteen States are of too great
extent for any general system, and that we must of necessity, resort
to separate confederacies of distinct portions of the whole. 1 This
doctrine will, in all probability, be gradually propagated, till it has
votaries enough to countenance an open avowal of it. For nothing
can be more evident, to those who are able to take an enlarged view
of the subject, than the alternative of an adoption of the new Con-
stitution or a dismemberment of the Union. It will, therefore, be
of use to begin by examining the advantages of that Union, the
certain evils, and the probable dangers, to which every State will be
exposed from its dissolution. This shall accordingly constitute the
subject of my next address. PUBLIUS.
FOR THE INDEPENDENT JOURNAL
THE FCEDERALIST, NO. II
BY JOHN JAY
To THE PEOPLE OF THE STATE OF NEW YORK:
When the people of America reflect that they are now called
upon to decide a question, which, in its consequences, must prove
one of the most important, that ever engaged their attention, the
propriety of their taking a very comprehensive, as well as a very
serious, view of it, will be evident.
Nothing is more certain than the indispensable necessity of Gov-
ernment, and it is equally undeniable, that whenever and however
it is instituted, the people must cede to it some of their natural rights,
in order to vest it with requisite powers. It is well worthy of con-
sideration, therefore, whether it would conduce more to the interest
of the people of America, that they should, to all general purposes, be
one nation, under one Fcederal Government, or that they should
divide themselves into separate confederacies, and give to the head
1 The same idea, tracing the arguments to their consequences, is held out in several
of the late publications against the new Constitution. Publius.
2O4 AMERICAN HISTORICAL DOCUMENTS
of each, the same kind of powers which they are advised to place
in one national Government.
It has until lately been a received and uncontradicted opinion,
that the prosperity of the people of America depended on their con-
tinuing firmly united, and the wishes, prayers, and efforts of our
best and wisest Citizens have been constantly directed to that object.
But Politicians now appear, who insist that this opinion is erroneous,
and that instead of looking for safety and happiness in union, we
ought to seek it in a division of the States into distinct confederacies
or sovereignties. However extraordinary this new doctrine may ap-
pear, it nevertheless has its advocates; and certain characters who
were much opposed to it formerly, are at present of the number.
Whatever may be the arguments or inducements which have
wrought this change in the sentiments and declarations of these
Gentlemen, it certainly would not be wise in the people at large
to adopt these new political tenets without being fully convinced
that they are founded in truth and sound Policy.
It has often given me pleasure to observe, that Independent Amer-
ica was not composed of detached and distant territories, but that
one connected, fertile, wide-spreading country was the portion of
our western sons of liberty. Providence has in a particular manner
blessed it with a variety of soils and productions and watered it
with innumerable streams, for the delight and accommodation of its
inhabitants. A succession of navigable waters forms a kind of
chain round its borders, as if to bind it together; while the most
noble rivers in the world, running at convenient distances, present
them with highways for the easy communication of friendly aids,
and the mutual transportation and exchange of their various com-
modities.
With equal pleasure I have as often taken notice, that Providence
has been pleased to give this one connected country, to one united
people; a people descended from the same ancestors, speaking the
same language, professing the same religion, attached to the same
principles of government, very similar in their manners and customs,
and who, by their joint counsels, arms and efforts, fighting side by
side throughout a long and bloody war, have nobly established their
general Liberty and Independence.
AMERICAN HISTORICAL DOCUMENTS 205
This country and this people seem to have been made for each
other, and it appears as if it was the design of Providence, that an
inheritance so proper and convenient for a band of brethren, united
to each other by the strongest ties, should never be split into a
number of unsocial, jealous, and alien sovereignties.
Similar sentiments have hitherto prevailed among all orders and
denominations of men among us. To all general purposes we have
uniformly been one people; each individual citizen everywhere en-
joying the same national rights, privileges, and protection. As a
nation we have made peace and war : as a nation we have vanquished
our common enemies: as a nation we have formed alliances and
made treaties, and entered into various compacts and conventions
with foreign States.
A strong sense of the value and blessings of Union induced the
people, at a very early period, to institute a Fcederal Government
to preserve and perpetuate it. They formed it almost as soon as
they had a political existence; nay, at a time, when their habitations
were in flames, when many of their Citizens were bleeding, and
when the progress of hostility and desolation left little room for
those calm and mature inquiries and reflections, which must ever
precede the formation of a wise and well-balanced government for
a free people. It is not to be wondered at, that a Government in-
stituted in times so inauspicious, should on experiment be found
greatly deficient and inadequate to the purpose it was intended to
answer.
This intelligent people perceived and regretted these defects. Still
continuing no less attached to Union, than enamored of Liberty,
they observed the danger, which immediately threatened the former
and more remotely the latter; and being persuaded that ample
security for both, could only be found in a national Government
more wisely framed, they, as with one voice, convened the late
Convention at Philadelphia, to take that important subject under
consideration.
This Convention, composed of men who possessed the confidence
of the people, and many of whom had become highly distinguished
by their patriotism, virtue, and wisdom, in times which tried the
minds and hearts of men, undertook the arduous task. In the mild
2O6 AMERICAN HISTORICAL DOCUMENTS
season of peace, with minds unoccupied by other subjects, they
passed many months in cool, uninterrupted, and daily consultations;
and finally, without having been awed by power, or influenced by
any passions except love for their Country, they presented and rec-
ommended to the people the plan produced by their joint and very
unanimous councils.
Admit, for so is the fact, that this plan is only recommended, not
imposed, yet let it be remembered, that it is neither recommended
to blind approbation, nor to blind reprobation; but to that sedate
and candid consideration, which the magnitude and importance of
the subject demand, and which it certainly ought to receive. But
this, (as was remarked in the foregoing number of this Paper,) is
more to be wished than expected, that it may be so considered and
examined. Experience on a former occasion teaches us not to be
too sanguine in such hopes. It is not yet forgotten, that well grounded
apprehensions of imminent danger induced the people of America
to form the Memorable Congress of 1774. That Body recommended
certain measures to their Constituents, and the event proved their
wisdom; yet it is fresh in our memories how soon the Press began
to teem with Pamphlets and weekly Papers against those very
measures. Not only many of the Officers of Government, who
obeyed the dictates of personal interest, but others, from a mistaken
estimate of consequences, or the undue influence of former attach-
ments, or whose ambition aimed at objects which did not correspond
with the public good, were indefatigable in their endeavors to per-
suade the people to reject the advice of that Patriotic Congress.
Many indeed were deceived and deluded, but the great majority of
the people reasoned and decided judiciously; and happy they are in
reflecting that they did so.
They considered that the Congress was composed of many wise
and experienced men. That being convened from different parts
of the country they brought with them and communicated to each
other a variety of useful information. That in the course of the
time they passed together in inquiring into and discussing the true
interests of their country, they must have acquired very accurate
knowledge on that head. That they were individually interested
in the public liberty and prosperity, and therefore that it was not
AMERICAN HISTORICAL DOCUMENTS 20/
less their inclination than their duty, to recommend only such meas-
ures as after the most mature deliberation they really thought pru-
dent and advisable.
These and similar considerations then induced the people to rely
greatly on the judgment and integrity of the Congress; and they
took their advice, notwithstanding the various arts and endeavors
used to deter and dissuade them from it. But if the people at large
had reason to confide in the men of that Congress, few of whom
had then been fully tried or generally known, still greater reason
have they now to respect the judgment and advice of the Conven-
tion, for it is well known that some of the most distinguished mem-
bers of that Congress, who have been since tried and justly ap-
proved for patriotism and abilities, and who have grown old in ac-
quiring political information, were also members of this Conven-
tion, and carried into it their accumulated knowledge and experience.
It is worthy of remark, that not only the first, but every succeed-
ing Congress, as well as the late Convention, have invariably joined
with the people in thinking that the prosperity of America depended
on its Union. To preserve and perpetuate it, was the great object
of the people in forming that Convention, and it is also the great
object of the plan which the Convention has advised them to adopt.
With what propriety, therefore, or for what good purposes, are at-
tempts at this particular period, made by some men, to depreciate
the importance of the Union ? Or why is it suggested that three or
four confederacies would be better than one? I am persuaded in
my own mind, that the people have always thought right on this
subject, and that their universal and uniform attachment to the
cause of the Union rests on great and weighty reasons, which I
shall endeavor to develop and explain in some ensuing papers. They
who promote the idea of substituting a number of distinct con-
federacies in the room of the plan of the Convention, seem clearly to
foresee that the rejection of it would put the continuance of the
Union in the utmost jeopardy: that certainly would be the case,
and I sincerely wish that it may be as clearly foreseen by every good
Citizen, that whenever the dissolution of the Union arrives, Amer-
ica will have reason to exclaim in the words of the Poet, "FAREWELL!.
A LONG FAREWELL, TO ALL MY GREATNESS." PUBLIUS.
OPINION OF
CHIEF JUSTICE MARSHALL
IN THE CASE OF McCULLOCH VS.
THE STATE OF MARYLAND
(1819)
[John Marshall (1755-1835), third Chief Justice of the Supreme Court of the
United States, and the greatest of American judges, laid down in the following
opinion certain principles which have come to be accepted as fundamental in all
questions touching the respective powers of the Federal government and the State
legislatures. In 1816, Congress had incorporated the Bank of the United States; and
in 1818, the legislature of Maryland had passed a law taxing "all Banks, or branches
thereof, in the State of Maryland, not chartered by the legislature." The purpose of
this law was to prevent the United States Bank from doing business in the State.
McCulloch, the Cashier of the Baltimore branch, refused to pay the tax, was sued in
the State courts, and lost. The case was appealed to the United States Supreme
Court, where the Maryland decision was unanimously reversed. Chief Justice
Marshall, in writing the opinion of the court, is regarded as having established certain
principles on which depend "the stability of our peculiar dual system of national and
local governments."]
MR. Chief Justice Marshall delivered the opinion of the
Court.
In the case now to be determined, the defendant, a
sovereign State, denies the obligation of a law enacted by the legis-
lature of the Union, and the plaintiff, on his part, contests the valid-
ity of an act which has been passed by the legislature of that State.
The constitution of our country, in its most interesting and vital
parts, is to be considered; the conflicting powers of the government
of the Union and of its members, as marked in that constitution,
are to be discussed; and an opinion given, which may essentially
influence the great operations of the government. No tribunal can
approach such a question without a deep sense of its importance,
and of the awful responsibility involved in its decision. But it must
be decided peacefully, or remain a source of hostile legislation, per-
haps of hostility of a still more serious nature; and if it is to be so
decided, by this tribunal alone can the decision be made. On the
208
AMERICAN HISTORICAL DOCUMENTS 2O9
Supreme Court of the United States has the Constitution of our
country devolved this important duty.
The first question made in the cause is, has Congress power to
incorporate a bank?
It has been truly said, that this can scarcely be considered as an
open question, entirely unprejudiced by the former proceedings of
the nation respecting it. The principle now contested was intro-
duced at a very early period of our history, has been recognised by
many successive legislatures, and has been acted upon by the judicial
department, in cases of peculiar delicacy, as a law of undoubted
obligation.
It will not be denied that a bold and daring usurpation might be
resisted, after an acquiescence still longer and more complete than
this. But it is conceived that a doubtful question, one on which
human reason may pause, and the human judgment be suspended,
in the decision of which the great principles of liberty are not con-
cerned, but the respective powers of those who are equally the rep-
resentatives of the people, are to be adjusted; if not put at rest by
the practice of the government, ought to receive a considerable im-
pression from that practice. An exposition of the Constitution, de-
liberately established by legislative acts, on the faith of which an
immense property has been advanced, ought not to be lightly dis-
regarded.
The power now contested was exercised by the first Congress
elected under the present Constitution. The bill for incorporating
the bank of the United States did not steal upon an unsuspecting
legislature, and pass unobserved. Its principle was completely under-
stood, and was opposed with equal zeal and ability. After being
resisted, first in the fair and open field of debate, and afterwards in
*4ie executive cabinet, with as much persevering talent as any meas-
ure has ever experienced, and being supported by arguments which
convinced minds as pure and as intelligent as this country can boast,
it became a law. The original act was permitted to expire; but a
short experience of the embarrassments to which the refusal to re-
vive it exposed the government, convinced those who were most
prejudiced against the measure of its necessity, and induced the pas-
sage of the present law. It would require no ordinary share of intre-
2IO AMERICAN HISTORICAL DOCUMENTS
pidity to assert that a measure adopted under these circumstances
was a bold and plain usurpation, to which the Constitution gave no
countenance.
These observations belong to the cause; but they are not made
under the impression that, were the question entirely new, the law
would be found irreconcilable with the Constitution.
In discussing this question, the counsel for the State of Maryland
have deemed it of some importance, in the construction of the Con-
stitution, to consider that instrument not as emanating from the
people, but as the act of sovereign and independent States. The
powers of the general government, it has been said, are delegated
by the States, who alone are truly sovereign; and must be exer-
cised in subordination to the States, who alone possess supreme
dominion.
It would be difficult to sustain this proposition. The Convention
which framed the Constitution was indeed elected by the State
legislatures. But the instrument, when it came from their hands,
was a mere proposal, without obligation, or pretensions to it. It
was reported to the then existing Congress of the United States, with
a request that it might "be submitted to a Convention of Delegates,
chosen in each State by the People thereof, under the recommenda-
tion of its Legislature, for their assent and ratification." This
mode of proceeding was adopted; and by the Convention, by
Congress, and by the State Legislatures, the instrument was sub-
mitted to the people. They acted upon it in the only manner
in which they can act safely, effectively, and wisely, on such a sub-
ject, by assembling in Convention. It is true, they assembled in
their several States and where else should they have assembled?
No political dreamer was ever wild enough to think of breaking
down the lines which separate the States, and of compounding the
American people into one common mass. Of consequence, when
they act, they act in their States. But the measures they adopt do
not, on that account, cease to be the measures of the people them-
selves, or become the measures of the State governments.
From these Conventions the Constitution derives its whole author-
ity. The government proceeds directly from the people; is "ordained
and established" in the name of the people; and is declared to be
AMERICAN HISTORICAL DOCUMENTS 211
ordained, "in order to form a more perfect union, establish justice,
ensure domestic tranquillity, and secure the blessings of liberty to
themselves and to their posterity." The assent of the States, in their
sovereign capacity, is implied in calling a Convention, and thus sub-
mitting that instrument to the people. But the people were at perfect
liberty to accept or reject it; and their act was final. It required not
the affirmance, and could not be negatived, by the State governments.
The Constitution, when thus adopted, was of complete obligation,
and bound the State sovereignties.
It has been said, that the people had already surrendered all their
powers to the State sovereignties, and had nothing more to give. But,
surely, the question whether they may resume and modify the pow-
ers granted to government does not remain to be settled in this
country. Much more might the legitimacy of the general govern-
ment be doubted, had it been created by the States. The powers
delegated to the State sovereignties were to be exercised by them-
selves, not by a distinct and independent sovereignty, created by
themselves. To the formation of a league, such as was the confed-
eration, the State sovereignties were certainly competent. But when,
"in order to form a more perfect union," it was deemed necessary
to change this alliance into an effective government, possessing great
and sovereign powers, and acting directly on the people, the necessity
of referring it to the people, and of deriving its powers directly from
them, was felt and acknowledged by all.
The government of the Union, then, (whatever may be the influ-
ence of this fact on the case,) is, emphatically, and truly, a govern-
ment of the people. In form and in substance it emanates from them.
Its powers are granted by them, and are to be exercised directly on
them, and for their benefit.
This government is acknowledged by all to be one of enumerated
powers. The principle, that it can exercise only the powers granted
to it, would seem too apparent to have required to be enforced by
all those arguments which its enlightened friends, while it was
depending before the people, found it necessary to urge. That prin-
ciple is now universally admitted. But the question respecting the
extent of the powers actually granted, is perpetually arising, and will
probably continue to arise, as long as our system shall exist.
212 AMERICAN HISTORICAL DOCUMENTS
In discussing these questions, the conflicting powers of the general
and State governments must be brought into view, and the supremacy
of their respective laws, when they are in opposition, must be settled.
If any one proposition could command the universal assent of
mankind, we might expect it would be this that the government of
the Union, though limited in its powers, is supreme within its
sphere of action. This would seem to result necessarily from its
nature. It is the government of all; its powers are delegated by all;
it represents all, and acts for all. Though any one State may be
willing to control its operations, no State is willing to allow others
to control them. The nation, on those subjects on which it can act,
must necessarily bind its component parts. But this question is not
left to mere reason : the people have, in express terms, decided it, by
saying, "this constitution, and the laws of the United States, which
shall be made in pursuance thereof," "shall be the supreme law of the
land," and by requiring that the members of the State legislatures,
and the officers of the executive and judicial departments of the
States, shall take the oath of fidelity to it.
The government of the United States, then, though limited in its
powers, is supreme; and its laws, when made in pursuance of the
Constitution, form the supreme law of the land, "any thing in the
Constitution or laws of any State to the contrary notwithstanding."
Among the enumerated powers, we do not find that of establish-
ing a bank or creating a corporation. But there is no phrase in the
instrument which, like the Articles of Confederation, excludes inci-
dental or implied powers; and which requires that every thing
granted shall be expressly and minutely described. Even the loth
amendment, which was framed for the purpose of quieting the
excessive jealousies which had been excited, omits the word "ex-
pressly," and declares only that the powers "not delegated to the
United States, nor prohibited to the States, are reserved to the States
or to the people;" thus leaving the question, whether the particular
power which may become the subject of contest has been delegated
to the one government, or prohibited to the other, to depend on a fair
construction of the whole instrument. The men who drew and
adopted this amendment had experienced the embarrassments result-
ing from the insertion of this word in the Articles of Confederation,
AMERICAN HISTORICAL DOCUMENTS 213
and probably omitted it to avoid those embarrassments. A consti-
tution, to contain an accurate detail of all the subdivisions of which its
great powers will admit, and of all the means by which they may be
carried into execution, would partake of the prolixity of the legal
code, and could scarcely be embraced by the human mind. It would
probably never be understood by the public. Its nature, therefore,
requires, that only its great outlines should be marked, its important
objects designated, and the minor ingredients which compose those
objects be deduced from the nature of the objects themselves. That
this idea was entertained by the framers of the American Constitu-
tion, is not only to be inferred from the nature of the instrument,
but from the language. Why else were some of the limitations,
found in the ninth section of the ist article, introduced? It is also,
in some degree, warranted by their having omitted to use any re-
strictive term which might prevent its receiving a fair and just
interpretation. In considering this question, then, we must never
forget, that it is a constitution we are expounding.
Although, among the enumerated powers of government, we do
not find the word "bank" or "incorporation," we find the great
powers to lay and collect taxes; to borrow money; to regulate com-
merce; to declare and conduct a war; and to raise and support armies
and navies. The sword and the purse, all the external relations, and
no inconsiderable portion of the industry of the nation, are entrusted
to its government. It can never be pretended that these vast powers
draw after them others of inferior importance, merely because they
are inferior. Such an idea can never be advanced. But it may with
great reason be contended, that a government, entrusted with such
ample powers, on the due execution of which the happiness and
prosperity of the nation so vitally depends, must also be entrusted
with ample means for their execution. The power being given, it is
the interest of the nation to facilitate its execution. It can never be
their interest, and cannot be presumed to have been their intention,
to clog and embarrass its execution by withholding the most appro-
priate means. Throughout this vast republic, from the St. Croix to
the Gulf of Mexico, from the Atlantic to the Pacific, revenue is to be
collected and expended, armies are to be marched and supported.
The exigencies of the nation may require that the treasure raised in
214 AMERICAN HISTORICAL DOCUMENTS
the north should be transported to the south, that raised in the east
conveyed to the west, or that this order should be reversed. Is that
construction of the Constitution to be preferred which would render
these operations difficult, hazardous, and expensive? Can we adopt
that construction, (unless the words imperiously require it,) which
would impute to the framers of that instrument, when granting these
powers for the public good, the intention of impeding their exercise
by withholding a choice of means ? If, indeed, such be the mandate
of the Constitution, we have only to obey; but that instrument does
not profess to enumerate the means by which the powers it confers
may be executed; nor does it prohibit the creation of a corporation,
if the existence of such a being be essential to the beneficial exercise
of those powers. It is then, the subject, of fair inquiry, how far such
means may be employed.
It is not denied that the powers given to the government imply
the ordinary means of execution. That, for example, of raising rev-
enue, and applying it to national purposes, is admitted to imply the
power of conveying money from place to place, as the exigencies of
the nation may require, and of employing the usual means of con-
veyance. But it is denied that the government has its choice of
means; or, that it may employ the most convenient means; if, to
employ them, it be necessary to erect a corporation.
On what foundation does this argument rest? On this alone:
The power of creating a corporation, is one appertaining to sov-
ereignty, and is not expressly conferred on Congress. This is true.
But all legislative powers appertain to sovereignty. The original
power of giving the law on any subject whatsoever, is a sovereign
power; and if the government of the Union is restrained from cre-
ating a corporation, as a means for performing its functions, on the
single reason that the creation of a corporation is an act of sov-
ereignty; if the sufficiency of this reason be acknowledged, there
would be some difficulty in sustaining the authority of Congress to
pass other laws for the accomplishment of the same objects.
The government which has a right to do an act, and has imposed
on it the duty of performing that act, must, according to the dictates
of reason, be allowed to select the means; and those who contend
that it may not select any appropriate means, that one particular
AMERICAN HISTORICAL DOCUMENTS 215
mode of effecting the object is excepted, take upon themselves the
burden of establishing that exception.
The creation of a corporation, it is said, appertains to sovereignty.
This is admitted. But to what portion of sovereignty does it apper-
tain ? Does it belong to one more than to another ? In America, the
powers of sovereignty are divided between the government of the
Union, and those of the States. They are each sovereign, with respect
to the objects committed to it, and neither sovereign with respect to
the objects committed to the other. We cannot comprehend that
train of reasoning which would maintain, that the extent of power
granted by the people is to be ascertained, not by the nature and
terms of the grant, but by its date. Some State constitutions were
formed before, some since that of the United States. We cannot
believe that their relation to each other is in any degree dependent
upon this circumstance. Their respective powers must, we think,
be precisely the same as if they had been formed at the same time.
Had they been formed at the same time, and had the people con-
ferred on the general government the power contained in the Consti-
tution, and on the States the whole residuum of power, would it
have been asserted that the government of the Union was not sov-
ereign with respect to those objects which were entrusted to it, in
relation to which its laws were declared to be supreme? If this
could not have been asserted, we cannot well comprehend the process
of reasoning which maintains, that a power appertaining to sov-
ereignty cannot be connected with the vast portion of it which is
granted to the general government, so far as it is calculated to sub-
serve the legitimate objects of that government. The power of
creating a corporation, though appertaining to sovereignty, is not,
like the power of making war, or levying taxes, or of regulating
commerce, a great substantive and independent power, which cannot
be implied as incidental to other powers, or used as a means of
executing them. It is never the end for which other powers are
exercised, but a means by which other objects are accomplished.
No contributions are made to charity for the sake of an incorpora-
tion, but a corporation is created to administer the charity; no semi-
nary of learning is instituted in order to be incorporated, but the
corporate character is conferred to subserve the purposes of educa-
2l6 AMERICAN HISTORICAL DOCUMENTS
tion. No city was ever built with the sole object of being incor-
porated, but is incorporated as affording the best means of being well
governed. The power of creating a corporation is never used for its
own sake, but for the purpose of efTecting something else. No suf-
ficient reason is, therefore, perceived, why it may not pass as inci-
dental to those powers which are expressly given, if it be a direct
mode of executing them.
But the Constitution of the United States has not left the right
of Congress to employ the necessary means, for the execution of the
powers conferred on the government, to general reasoning. To its
enumeration of powers is added that of making "all laws which shall
be necessary and proper, for carrying into execution the foregoing
powers, and all other powers vested by this Constitution, in the
government of the United States, or in any department thereof."
The counsel for the State of Maryland have urged various argu-
ments, to prove that this clause, though in terms a grant of power,
is not so in effect; but is really restrictive of the general right, which
might otherwise be implied, of selecting means for executing the
enumerated powers.
In support of this proposition, they have found it necessary to
contend, that this clause was inserted for the purpose of conferring
on Congress the power of making laws. That, without it, doubts
might be entertained, whether Congress could exercise its powers
in the form of legislation.
But could this be the object for which it was inserted? A govern-
ment is created by the people, having legislative, executive, and judi-
cial powers. Its legislative powers are vested in a Congress, which is
to consist of a Senate and House of Representatives. Each house may
determine the rule of its proceedings; and it is declared that every
bill which shall have passed both houses, shall, before it becomes a
law, be presented to the President of the United States. The yth
section describes the course of proceedings, by which a bill shall
become a law; and, then, the 8th section enumerates the powers of
Congress. Could it be necessary to say, that a legislature should
exercise legislative powers, in the shape of legislation ? After allow-
ing each house to prescribe its own course of proceeding, after
describing the manner in which a bill should become a law, would
AMERICAN HISTORICAL DOCUMENTS 21 7
it have entered into the mind of a single member of the Convention,
that an express power to make laws was necessary to enable the
legislature to make them? That a legislature, endowed with legis-
lative powers, can legislate, is a proposition too self-evident to have
been questioned.
But the argument on which most reliance is placed, is drawn from
the peculiar language of this clause. Congress is not empowered by
it to make all laws, which may have relation to the powers conferred
on the government, but such only as may be "necessary and proper"
for carrying them into execution. The word "necessary" is considered
as controlling the whole sentence, and as limiting the right to pass
laws for the execution of the granted powers, to such as are indis-
pensable, and without which the power would be nugatory. That it
excludes the choice of means, and leaves to Congress in each case,
that only which is most direct and simple.
Is it true, that this is the sense in which the word "necessary" is
always used? Does it always import an absolute physical necessity,
so strong, that one thing, to which another may be termed necessary,
cannot exist without that other ? We think it does not. If reference
be had to its use, in the common affairs of the world, or in approved
authors, we find that it frequently imports no more than that one
thing is convenient, or useful, or essential to another. To employ
the means necessary to an end, is generally understood as employing
any means calculated to produce the end, and not as being confined
to those single means, without which the end would be entirely
unattainable. Such is the character of human language, that no word
conveys to the mind, in all situations, one single definite idea; and
nothing is more common than to use words in a figurative sense.
Almost all compositions contain words, which, taken in their rigor-
ous sense, would convey a meaning different from that which is
obviously intended. It is essential to just construction, that many
words which import something excessive, should be understood in
a more mitigated sense in that sense which common usage justifies.
The word "necessary" is of this description. It has not a fixed char-
acter peculiar to itself. It admits of all degrees of comparison; and
is often connected with other words, which increase or diminish the
impression the mind receives of the urgency it imports. A thing
2 1 8 AMERICAN HISTORICAL DOCUMENTS
may be necessary, very necessary, absolutely or indispensably neces-
sary. To no mind would the same idea be conveyed, by these several
phrases. This comment on the word is well illustrated, by the
passage cited at the bar, from the loth section of the ist article of the
Constitution. It is, we think, impossible to compare the sentence
which prohibits a State from laying "imposts, or duties on imports
or exports, except what may be absolutely necessary for executing its
inspection laws," with that which authorizes Congress "to make all
laws which shall be necessary and proper for carrying into execution"
the powers of the general government, without feeling a conviction
that the convention understood itself to change materially the mean-
ing of the word "necessary," by prefixing the word "absolutely."
This word, then, like others, is used in various senses; and, in its
construction, the subject, the context, the intention of the person
using them, are all to be taken into view.
Let this be done in the case under consideration. The subject is
the execution of those great powers on which the welfare of a nation
essentially depends. It must have been the intention of those who
gave these powers, to insure, as far as human prudence could insure,
their beneficial execution. This could not be done by confiding the
choice of means to such narrow limits as not to leave it in the power
of Congress to adopt any which might be appropriate, and which
were conducive to the end. This provision is made in a constitution
intended to endure for ages to come, and consequently, to be adapted
to the various crises of human affairs. To have prescribed the means
by which government should, in all future time, execute its powers,
would have been to change, entirely, the character of the instrument,
and give it the properties of a legal code. It would have been an
unwise attempt to provide, by immutable rules, for exigencies which,
if foreseen at all, must have been seen dimly, and which can be best
provided for as they occur. To have declared that the best means
shall not be used, but those alone without which the power given
would be nugatory, would have been to deprive the legislature of
the capacity to avail itself of experience, to exercise its reason, and
to accommodate its legislation to circumstances. If we apply this
principle of construction to any of the powers of the government, we
shall find it so pernicious in its operation that we shall be compelled
AMERICAN HISTORICAL DOCUMENTS 2 19
to discard it. The powers vested in Congress may certainly be carried
into execution, without prescribing an oath of office. The power to
exact this security for the faithful performance of duty, is not given,
nor is it indispensably necessary. The different departments may be
established; taxes may be imposed and collected; armies and navies
may be raised and maintained; and money may be borrowed, with-
out requiring an oath of office. It might be argued, with as much
plausibility as other incidental powers have been assailed, that the
Convention was not unmindful of this subject. The oath which
might be exacted that of fidelity to the Constitution is prescribed,
and no other can be required. Yet, he would be charged with insan-
ity who should contend, that the legislature might not superadd, to
the oath directed by the Constitution such other oath of office as its
wisdom might suggest.
So, with respect to the whole penal code of the United States:
whence arises the power to punish in cases not prescribed by the
Constitution? All admit that the government may, legitimately,
punish any violation of its laws; and yet, this is not among the enu-
merated powers of Congress. The right to enforce the observance of
law, by punishing its infraction, might be denied with the more
plausibility, because it is expressly given in some cases. Congress is
empowered "to provide for the punishment of counterfeiting the
securities and current coin of the United States," and "define and
punish piracies and felonies committed on the high seas, and offences
against the law of nations." The several powers of Congress may
exist, in a very imperfect state to be sure, but they may exist and be
carried into execution, although no punishment should be inflicted
in cases where the right to punish is not expressly given.
Take, for example, the power "to establish post offices and post
roads." This power is executed by the single act of making the
establishment. But, from this has been inferred the power and duty
of carrying the mail along the post road, from one post office to
another. And, from this implied power, has again been inferred the
right to punish those who steal letters from the post office, or rob
the mail. It may be said, with some plausibility, that the right to
carry the mail, and to punish those who rob it, is not indispensably
necessary to the establishment of a post office and post road. This
22O AMERICAN HISTORICAL DOCUMENTS
right is indeed essential to the beneficial exercise of the power, but
not indispensably necessary to its existence. So, of the punishment
of the crimes of stealing or falsifying a record or process of a Court
of the United States, or of perjury in such Court. To punish these
offences is certainly conducive to the due administration of justice.
But courts may exist, and may decide the causes brought before them,
though such crimes escape punishment.
The baneful influence of this narrow construction on all the
operations of the government, and the absolute impracticability of
maintaining it without rendering the government incompetent to
its great objects, might be illustrated by numerous examples drawn
from the Constitution, and from our laws. The good sense of the
public has pronounced, without hesitation, that the power of punish-
ment appertains to sovereignty, and may be exercised whenever the
sovereign has a right to act, as incidental to his constitutional powers.
It is a means for carrying into execution all sovereign powers, and
may be used, although not indispensably necessary. It is a right
incidental to the power, and conducive to its beneficial exercise.
If this limited construction of the word "necessary" must be aban-
doned in order to punish, whence is derived the rule which would
reinstate it, when the government would carry its powers into execu-
tion by means not vindictive to their nature ? If the word "necessary"
means "needful," "requisite," "essential," "conducive to," in order to
let in the power of punishment for the infraction of law; why is it
not equally comprehensive when required to authorize the use of
means which facilitate the execution of the powers of government
without the infliction of punishment ?
In ascertaining the sense in which the word "necessary" is used
in this clause of the Constitution, we may derive some aid from that
with which it is associated. Congress shall have power "to make all
laws which shall be necessary and proper to carry into execution" the
powers of the government. If the word "necessary" was used in that
strict and rigorous sense for which the counsel for the State of Mary-
land contend, it would be an extraordinary departure from the usual
course of the human mind, as exhibited in composition, to add a
word, the only possible effect of which is to qualify that strict and
rigorous meaning; to present to the mind the idea of some choice
AMERICAN HISTORICAL DOCUMENTS 221
of means of legislation not straitened and compressed within the
narrow limits for which gentlemen contend.
But the argument which most conclusively demonstrates the error
of the construction contended for by the counsel for the State of
Maryland, is founded on the intention of the Convention, as mani-
fested in the whole clause. To waste time and argument in proving
that, without it, Congress might carry its powers into execution,
would be not much less idle than to hold a lighted taper to the sun.
As little can it be required to prove, that in the absence of this clause,
Congress would have some choice of means. That it might employ
those which, in its judgment, would most advantageously effect the
object to be accomplished. That any means adapted to the end, any
means which tended directly to the execution of the constitutional
powers of the government, were in themselves constitutional. This
clause, as construed by the State of Maryland, would abridge, and
almost annihilate this useful and necessary right of the legislature
to select its means. That this could not be intended, is, we should
think, had it not been already controverted, too apparent for con-
troversy. We think so for the following reasons:
i st. The clause is placed among the powers of Congress, not
among the limitations on those powers.
2nd. Its terms purport to enlarge, not to diminish the powers
vested in the government. It purports to be an additional power,
not a restriction on those already granted. No reason has been, or
can be assigned for thus concealing an intention to narrow the dis-
cretion of the national legislature under words which purport to
enlarge it. The framers of the Constitution wished its adoption, and
well know that it would be endangered by its strength, not by its
weakness. Had they been capable of using language which would
convey to the eye one idea, and after deep reflection, impress on
the mind another, they would rather have disguised the grant of
power, than its limitation. If, then, their intention had been, by
this clause, to restrain the free use of means which might otherwise
have been implied, that intention would have been inserted in
another place, and would have been expressed in terms resembling
these. "In carrying into execution the foregoing powers, and all
others," &c. "no laws shall be passed but, such as are necessary and
222 AMERICAN HISTORICAL DOCUMENTS
proper." Had the intention been to make this clause restrictive, it
would unquestionably have been so in form as well as in effect.
The result of the most careful and attentive consideration bestowed
upon this clause is, that if it does not enlarge, it cannot be construed
to restrain the powers of Congress, or to impair the right of the
legislature to exercise its best judgment in the selection of measures
to carry into execution the constitutional powers of the government.
If no other motive for its insertion can be suggested, a sufficient one
is found in the desire to remove all doubts respecting the right to
legislate on that vast mass of incidental powers which must be
involved in the Constitution, if that instrument be not a splendid
bauble.
We admit, as all must admit, that the powers of the government
are limited, and that its limits are not to be transcended. But we
think the sound construction of the Constitution must allow to the
national legislature that discretion, with respect to the means by
which the powers it confers are to be carried into execution, which
will enable that body to perform the high duties assigned to it, in
the manner most beneficial to the people. Let the end be legitimate,
let it be within the scope of the Constitution, and all means which
are appropriate, which are plainly adapted to that end, which are
not prohibited, but consist with the letter and spirit of the Consti-
tution, are constitutional.
That a corporation must be considered as a means not less usual,
not of higher dignity, not more requiring a particular specification
than other means, has been sufficiently proved. If we look to the
origin of corporations, to the manner in which they have been
framed in that government from which we have derived most of
our legal principles and ideas, or to the uses to which they have
been applied, we find no reason to suppose that a constitution,
omitting, and wisely omitting, to enumerate all the means for carry-
ing into execution the great powers vested in government, ought to
have specified this. Had it been intended to grant this power as one
which should be distinct and independent, to be exercised in any
case whatever, it would have found a place among the enumerated
powers of the government. But being considered merely as a means,
to be employed only for the purpose of carrying into execution the
AMERICAN HISTORICAL DOCUMENTS 223
given powers, there could be no motive for particularly mention-
ing it.
The propriety of this remark would seem to be generally acknowl-
edged by the universal acquiescence in the construction which has
been uniformly put on the 3rd section of the 4th article of the Con-
stitution. The power to "make all needful rules and regulations
respecting the territory or other property belonging to the United
States," is not more comprehensive, than the power "to make all
laws which shall be necessary and proper for carrying into execution"
the powers of the government. Yet all admit the constitutionality of
a territorial government, which is a corporate body. If a corporation
may be employed indiscriminately with other means to carry into
execution the powers of the government, no particular reason can
be assigned for excluding the use of a bank, if required for its fiscal
operations. To use one, must be within the discretion of Congress,
if it be an appropriate mode of executing the powers of government.
That it is a convenient, a useful, and essential instrument in the
prosecution of its fiscal operations, is not now a subject of contro-
versy. All those who have been concerned in the administration of
our finances, have concurred in representing its importance and
necessity; and so strongly have they been felt, that statesmen of the
first class, whose previous opinions against it had been confirmed by
every circumstance which can fix the human judgment, have yielded
those opinions to the exigencies of the nation. Under the confedera-
tion, Congress, justifying the measure by its necessity, transcended
perhaps its powers to obtain the advantage of a bank; and our own
legislation attests the universal conviction of the utility of this meas-
ure. The time has passed away when it can be necessary to enter
into any discussion in order to prove the importance of this instru-
ment, as a means to effect the legitimate objects of the government.
But, were its necessity less apparent, none can deny its being an
appropriate measure; and if it is, the degree of its necessity, as has
been very justly observed, is to be discussed in another place. Should
Congress, in the execution of its powers, adopt measures which are
prohibited by the Constitution; or should Congress, under the pre-
text of executing its powers, pass laws for the accomplishment of
objects not entrusted to the government; it would become the painful
224 AMERICAN HISTORICAL DOCUMENTS
duty of this tribunal, should a case requiring such a decision come
before it, to say that such an act was not the law of the land. But
where the law is not prohibited, and is really calculated to effect any
of the objects entrusted to the government, to undertake here to
inquire into the degree of its necessity, would be to pass the line
which circumscribes the judicial department, and to tread on legis-
lative ground. This court disclaims all pretensions to such a power.
After this declaration, it can scarcely be necessary to say, that the
existence of State banks can have no possible influence on the ques-
tion. No trace is to be found in the Constitution of an intention to
create a dependence of the government of the Union on those of the
States, for the execution of the great powers assigned to it. Its means
are adequate to its ends; and on those means alone was it expected
to rely for the accomplishment of its ends. To impose on it the
necessity of resorting to means which it cannot control, which another
government may furnish or withhold, would render its course pre-
carious, the result of its measures uncertain, and create a dependence
on other governments, which might disappoint its most important
designs, and is incompatible with the language of the Constitution.
But were it otherwise, the choice of means implies a right to choose
a national bank in preference to State banks, and Congress alone
can make the election.
After the most deliberate consideration, it is the unanimous and
decided opinion of this Court, that the act to incorporate the Bank
of the United States is a law made in pursuance of the Constitution,
and is a part of the supreme law of the land.
The branches, proceeding from the same stock, and being con-
ducive to the complete accomplishment of the object, are equally
constitutional. It would have been unwise to locate them in the
charter, and it would be unnecessarily inconvenient to employ the
legislative power in making those subordinate arrangements. The
great duties of the bank are prescribed, those duties require branches;
and the bank itself may, we think, be safely trusted with the selection
of places where those branches shall be fixed; reserving always to
the government the right to require that a branch shall be located
where it may be deemed necessary.
WASHINGTON'S
FIRST INAUGURAL ADDRESS
(1789)
[At the first election held under the Constitution, George Washington, who had
been chairman of the convention which framed the Constitution, was unanimously
chosen President. The inaugural address was delivered in Federal Hall, at Wall and
Nassau Streets, New York, April 30, 1789.]
Fellow-Citizens:
A3NG the vicissitudes incident to life, no event could have
filled me with greater anxieties, than that of which the
notification was transmitted by your order, and received on
the i4th day of the present month. On the one hand, I was sum-
moned by my country, whose voice I can never hear but with
veneration and love, from a retreat which I had chosen with the
fondest predilection, and, in my flattering hopes, with an immutable
decision, as the asylum of my declining years; a retreat which was
rendered every day more necessary as well as more dear to me, by
the addition of habit to inclination, and of frequent interruptions in
my health to the gradual waste committed on it by time. On the
other hand, the magnitude and difficulty of the trust, to which the
voice of my country called me, being sufficient to awaken in the
wisest and most experienced of her citizens a distrustful scrutiny
into his qualifications, could not but overwhelm with despondence
one, who, inheriting inferior endowments from nature, and unprac-
ticed in the duties of civil administration, ought to be peculiarly
conscious of his own deficiencies. In this conflict of emotions, all
I dare aver, is, that it has been my faithful study to collect my duty
from a just appreciation of every circumstance by which it might be
affected. All I dare hope is, that, if in executing this task, I have been
too much swayed by a grateful remembrance of former instances, or
by an affectionate sensibility to this transcendent proof of the con-
fidence of my fellow-citizens; and have thence too little consulted
225
226 AMERICAN HISTORICAL DOCUMENTS
my incapacity as well as disinclination for the weighty and untried
cares before me; my error will be palliated by the motives which
misled me, and its consequences be judged by my country with some
share of the partiality in which they originated.
Such being the impressions under which I have, in obedience to
the public summons, repaired to the present station, it would be
peculiarly improper to omit, in this first official act, my fervent sup-
plications to that Almighty Being, who rules over the universe, who
presides in the councils of nations, and whose providential aids can
supply every human defect, that his benediction may consecrate to
the liberties and happiness of the people of the United States a gov-
ernment instituted by themselves for these essential purposes, and
may enable every instrument employed in its administration to
execute with success the functions allotted to his charge. In tender-
ing this homage to the great Author of every public and private
good, I assure myself that it expresses your sentiments not less than
my own; nor those of my fellow-citizens at large, less than either.
No people can be bound to acknowledge and adore the invisible
hand, which conducts the affairs of men, more than the people of
the United States. Every step, by which they have advanced to the
character of an independent nation, seems to have been distinguished
by some token of providential agency. And, in the important revolu-
tion just accomplished in the system of their united government, the
tranquil deliberations and voluntary consent of so many distinct
communities, from which the event has resulted, cannot be com-
pared with the means by which most governments have been estab-
lished, without some return of pious gratitude along with an humble
anticipation of the future blessings which the past seems to presage.
These reflections, arising out of the present crisis, have forced them-
selves too strongly on my mind to be suppressed. You will join with
me, I trust, in thinking that there are none, under the influence of
which the proceedings of a new and free government can more
auspiciously commence.
By the article establishing the executive department, it is made the
duty of the President "to recommend to your consideration such
measures as he shall judge necessary and expedient." The circum-
stances, under which I now meet you, will acquit me from entering
AMERICAN HISTORICAL DOCUMENTS 227
into that subject farther than to refer you to the great constitutional
charter under which we are assembled; and which, in defining your
powers, designates the objects to which your attention is to be given.
It will be more consistent with those circumstances, and far more
congenial with the feelings which actuate me, to substitute, in place
of a recommendation of particular measures, the tribute that is due
to the talents, the rectitude, and the patriotism, which adorn the
characters selected to devise and adopt them. In these honorable
qualifications I behold the surest pledges, that as, on one side, no
local prejudices or attachments, no separate views or party animosi-
ties, will misdirect the comprehensive and equal eye, which ought
to watch over this great assemblage of communities and interests;
so, on another, that the foundations of our national policy will be
laid in the pure and immutable principles of private morality, and
the preeminence of a free government be exemplified by all the
attributes, which can win the affections of its citizens, and command
the respect of the world.
I dwell on this prospect with every satisfaction, which an ardent
love for my country can inspire; since there is no truth more thor-
oughly established, than that there exists in the economy and course
of nature an indissoluble union between virtue and happiness, be-
tween duty and advantage, between the genuine maxims of an honest
and magnanimous policy, and the solid rewards of public prosperity
and felicity; since we ought to be no less persuaded that the propi-
tious smiles of Heaven can never be expected on a nation that dis-
regards the eternal rules of order and right, which Heaven itself has
ordained; and since the preservation of the sacred fire of liberty, and
the destiny of the republican model of government, are justly consid-
ered as deeply, perhaps as finally staked on the experiment intrusted
to the hands of the American people.
Besides the ordinary objects submitted to your care, it will remain
with your judgment to decide, how far an exercise of the occasional
power delegated by the fifth article of the Constitution is rendered
expedient at the present juncture by the nature of objections which
have been urged against the system, or by the degree of inquietude
which has given birth to them. Instead of undertaking particular
recommendations on this subject, in which I could be guided by no
228 AMERICAN HISTORICAL DOCUMENTS
lights derived from official opportunities, I shall again give way to
my entire confidence in your discernment and pursuit of the public
good; for I assure myself, that, whilst you carefully avoid every altera-
tion, which might endanger the benefits of a united and effective
government, or which ought to await the future lessons of experi-
ence, a reverence for the characteristic rights of freemen, and a regard
for the public harmony, will sufficiently influence your deliberations
on the question, how far the former can be more impregnably forti-
fied, or the latter be safely and advantageously promoted.
To the preceding observations I have one to add, which will be
most properly addressed to the House of Representatives. It concerns
myself, and will therefore be as brief as possible. When I was first
honored with a call into the service of my country, then on the eve
of an arduous struggle for its liberties, the light in which I contem-
plated my duty required, that I should renounce every pecuniary
compensation. From this resolution I have in no instance departed.
And being still under the impressions which produced it, I must
decline as inapplicable to myself, any share in the personal emolu-
ments, which may be indispensably included in a permanent provi-
sion for the executive department; and must accordingly pray, that
the pecuniary estimates for the station in which I am placed, may,
during my continuance in it, be limited to such actual expenditures
as the public good may be thought to require.
Having thus imparted to you my sentiments, as they have been
awakened by the occasion which brings us together, I shall take my
present leave; but not without resorting once more to the benign
Parent of the human race, in humble supplication, that, since he has
been pleased to favor the American people with opportunities for
deliberating in perfect tranquillity, and dispositions for deciding with
unparalleled unanimity on a form of government for the security of
their union and the advancement of their happiness; so his divine
blessing may be equally conspicuous in the enlarged views, the tem-
perate consultations, and the wise measures, on which the success
of this government must depend.
TREATY
WITH THE SIX NATIONS
(1794)
[The confederation of Indian tribes known as the Iroquois, or Six Nations, included
the Mohawks, the Oneidas, the Onondagas, the Cayugas, the Senecas, and the
Tuscaroras. This treaty, concluded November u, 1794, fixed the limits of the terri-
tory to be left in the possession of these tribes, who had fought against the colonies
in the War of Independence.]
THE President of the United States having determined to
hold a conference with the Six Nations of Indians, for the
purpose of removing from their minds all causes of com-
plaint, and establishing a firm and permanent friendship with them;
and Timothy Pickering being appointed sole agent for that purpose;
and the agent having met and conferred with the Sachems, Chiefs
and Warriors of the Six Nations, in a general council: Now in order
to accomplish the good design of this conference, the parties have
agreed on the following articles, which, when ratified by the Presi-
dent, with the advice and consent of the Senate of the United States,
shall be binding on them and the Six Nations.
ARTICLE I
Peace and friendship are hereby firmly established, and shall be
perpetual, between the United States and the Six Nations.
ARTICLE II
The United States acknowledge the lands reserved to the Oneida,
Onondaga and Cayuga Nations, in their respective treaties with the
state of New York, and called their reservations, to be their property;
and the United States will never claim the same, nor disturb them
or either of the Six Nations, nor their Indian friends residing thereon
and united with them, in the free use and enjoyment thereof: but the
said reservations shall remain theirs, until they choose to sell the
same to the people of the United States who have right to purchase.
229
230 AMERICAN HISTORICAL DOCUMENTS
ARTICLE III
The land of the Seneka nation is bounded as follows: Beginning
on Lake Ontario, at the north-west corner of the land they sold to
Oliver Phelps, the line run westerly along the lake, as far as O-yong-
wong-yeh Creek at Johnson's Landing-place, about four miles east-
ward from the fort of Niagara; then southerly up that creek to its
main fork, then straight to the main fork of Stedman's Creek, which
empties into the river Niagara, above Fort Schlosser, and then on-
ward, from that fork, continuing the same straight course, to that
river; (this line, from the mouth of O-yong-wong-yeh Creek to the
river Niagara, above Fort Schlosser, being the eastern boundary of
a strip of land, extending from the same line to Niagara River, which
the Seneka nation ceded to the King of Great Britain, at a treaty
held about thirty years ago, with Sir William Johnson;) then the line
runs along the river Niagara to Lake Erie; then along Lake Erie
to the north-east corner of a triangular piece of land which the United
States conveyed to the state of Pennsylvania, as by the President's
patent, dated the third day of March, 1792; then due south to the
northern boundary of that state; then due east to the south-west
corner of the land sold by the Seneka nation to Oliver Phelps; and
then north and northerly, along Phelps's line, to the place beginning
on Lake Ontario. Now, the United States acknowledge all the land
within the aforementioned boundaries, to be the property of the
Seneka nation; and the United States will never claim the same, nor
disturb the Seneka nation, nor any of the Six Nations, or their
Indian friends residing thereon and united with them, in the free use
and enjoyment thereof: but it shall remain theirs, until they choose
to sell the same to the people of the United States, who have the right
to purchase.
ARTICLE IV
The United States having thus described and acknowledged what
lands belong to the Oneidas, Onondagas, Cayugas, and Senekas, and
engaged never to claim the same, nor to disturb them, or any of the
Six Nations, or their Indian friends residing thereon and united with
them, in the free use and enjoyment thereof: Now the Six Nations,
AMERICAN HISTORICAL DOCUMENTS 23!
and each of them, hereby engage that they will never claim any
other lands within the boundaries of the United States; nor ever
disturb the people of the United States in the free use and enjoyment
thereof.
ARTICLE V
The Seneka nation, all others of the Six Nations concurring, cede
to the United States the right of making a wagon road from Fort
Schlosser to Lake Erie, as far south as Buff aloe Creek; and the people
of the United States shall have the free and undisturbed use of this
road, for the purposes of travelling and transportation.
