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was committed on some merchandise, said to belong to one of the companies, and because the ministry were of opinion that such high political regulations were necessary to compel due subordination and obedience to their mandates.

the tea entitled to damages, the courts of law were open, and judges, appointed by the crown, presided in them. The East India Company, however, did not think proper to commence any suits, nor did they even demand satisfaction, either from individuals or from the community in general. The ministry, it seems, Nor are these the only capital grievances officiqusly made the case their own, and the under which we labor. We might tell of disgreat council of the nation descended to inter-solute, weak and wicked governors having been meddle with a dispute about private property. Divers papers, letters, and other unauthenticated ex parte evidence, were laid before them. Neither the persons who destroyed. the tea, nor the people of Boston, were called upon to answer the complaint. The ministry, incensed by being disappointed in a favorite scheme, were determined to recur from the little arts of finesse to open force and unmanly violence. The port of Boston was blocked up by a fleet, and an army placed in the town. Their trade was to be suspended, and thousands reduced to the necessity of gaining subsistence from charity, till they should submit to pass under the yoke and consent to become slaves, by confessing the omnipotence of Parliament, and acquiescing in whatever disposition they might think proper to make of their lives and property.

set over us; of legislatures being suspended for asserting the rights of British subjects; of needy and ignorant dependents on great men advanced to the seats of justice, and to other places of trust and importance; of hard restrictions on commerce, and a great variety of lesser evils, the recollection of which is almost lost under the weight and pressure of greater and more poignant calamities.

Let justice and humanity cease to be the boast of your nation! Consult your history; examine your records of former transactions; nay, turn to the annals of the many arbitrary states and kingdoms that surround you, and show us a single instance of men being condemned to suffer for imputed crimes, unheard, unquestioned, and without even the specious formality of a trial; and that, too, by laws made expressly for the purpose, and which had no existence at the time of the fact committed. If it be difficult to reconcile these proceedings to the genius and temper of your laws and constitution, the task will become more arduous when we call upon our ministerial enemies to justify, not only condemning men untried and by hearsay, but involving the innocent in one common punishment with the guilty, and for the act of thirty or forty to bring poverty, distress, and calamity on thirty thousand souls, and those not your enemies, but your friends, brethren, and fellow-subjects.

Now mark the progression of the ministerial plan for enslaving us.

Well aware that such hardy attempts to take our property from us; to deprive us of that valuable right of trial by jury; to seize our persons, and carry us for trial to Great Britain; to blockade our ports; to destroy our charters and change our forms of government; would occasion, and had already occasioned, great discontent in the colonies, which might produce opposition to these measures, an act was passed to protect, indemnify, and screen from punishment, such as might be guilty even of murder, in endeavoring to carry their oppressive edicts into execution; and by another act, the dominion of Canada is to be so extended, modelled and governed, as that, by being disunited from us, detached from our interests, by civil as well as religious prejudices; that by their numbers daily swelling with Catholic emigrants from Europe, and by their devotion to an administration so friendly to their religion, they might become formidable to us, and on occasion be fit instruments, in the hands of power, to reduce the ancient free Protestant colonies to the same state of slavery with themselves.

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This was evidently the object of the act; and in this view, being extremely dangerous to our liberty and quiet, we cannot forbear complaining of it, as hostile to British America. Superadded to these considerations, we cannot help deploring the unhappy condition to which it has reduced the many English settlers who, encouraged by the royal proclamation, promising the enjoyment of all their rights, have purchased estates in that country. They are now the subjects of an arbitrary government, deprived of trial by jury, and when imprisoned, cannot claim the benefit of the habeas corpus act-that great bulwark and palladium of English liberty. Nor can we suppress our astonishment, that a British Parliament should ever consent to establish in that country, a religion that has deluged your island in blood, and dispersed impiety, bigotry, persecution, murder and rebellion through every part of the

It would be some consolation to us if the catalogue of American oppressions ended here. It gives us pain to be reduced to the necessity of reminding you, that under the confidence reposed in the faith of government, pledged in a royal charter from a British sovereign, the forefathers of the present inhabitants of the Massachusetts Bay left their former habitations, and established that great, flourishing, and loyal colony. Without incurring or being charged with a forfeiture of their rights, without being heard, without being tried, without law and without justice, by an act of Parliament their charter is destroyed, their liberties violated, their constitution and form of government changed; and all this upon no better pretence than because in one of their towns a trespass world.

This being a true state of facts, let us beseech | shall consider your enemies as our enemies, you to consider to what end they may lead.

and your interest as our own.

But, if you are determined that your ministers shall wantonly sport with the rights of mankind-if neither the voice of justice, the dictates of the law, the principles of the Constitution, or the suggestions of humanity, can restrain your hands from shedding human blood, in such an impious cause, we must then tell you, that we will never submit to be hewers of wood or drawers of water, for any ministry, or nation in the world.

Admit that the ministry, by the powers of Britain and the aid of our Roman Catholic neighbors, should be able to carry the point of taxation, and reduce us to a state of perfect humiliation and slavery: such an enterprise would doubtless make some addition to your national debt, which already presses down your liberties, and fills you with pensioners and placemen. We presume, also, that your commerce will somewhat be diminished. However, suppose you should prove victorious, in what Place us in the same situation that we were condition will you then be? What advantages in, at the close of the last war, and our former or laurels will you reap from such a conquest? | harmony will be restored. May not a ministry, with the same armies enslave you? It may be said, you will cease to pay them-but remember the taxes from America, the wealth, and we may add the men, and particularly the Roman Catholics of this vast continent, will then be in the power of your enemies; nor will you have any reason to expect that after making slaves of us, many among us should refuse to assist in reducing you to the same abject state.

Do not treat this as chimerical. Know that in less than half a century, the quit rents reserved to the Crown, from the numberless grants of this vast continent, will pour large streams of wealth into the royal coffers, and if to this be added the power of taxing America at pleasure, the Crown will be rendered independent of you for supplies, and will possess more treasure than may be necessary to purchase the remains of liberty in your island. In a word, take care that you do not fall into the pit that is preparing for us.

We believe there is yet much virtue, much justice, and much public spirit in the English | nation. To that justice we now appeal. You | have been told that we are seditious, impatient of government, and desirous of independency. Be assured that these are not facts, but calumnies. Permit us to be as free as yourselves, and we shall ever esteem a union with you, to be our greatest glory, and our greatest happiness; we shall ever be ready to contribute all in our power to the welfare of the empire; we

But lest the same supineness, and the same inattention to our common interest, which you have for several years shown, should continue, we think it prudent to anticipate the consequences.

By the destruction of the trade of Boston, the ministry have endeavored to induce submission to their measures. The like fate may befall us all. We will endeavor, therefore, to live without trade, and recur for subsistence to the fertility and bounty of our native soil, which will afford us all the necessaries, and some of the conveniences of life. We have suspended our importation from Great Britain and Ireland; and, in less than a year's time, unless our grievances should be redressed, shall discontinue our exports to those kingdoms, and the West Indies.

It is with the utmost regret, however, that we find ourselves compelled, by the overruling principles of self-preservation, to adopt measures detrimental in their consequences, to numbers of our fellow-subjects in Great Britain and Ireland. But, we hope, that the magnanimity and justice of the British nation will furnish a Parliament of such wisdom, independence, and public spirit, as may save the violated rights of the whole empire, from the devices of wicked ministers and evil counsellors, whether in or out of office; and thereby restore that harmony, friendship, and fraternal affection between all the inhabitants of his Majesty's kingdoms and territories, so ardently wished for by every true and honest American.

i

EDMUND RANDOLPH.

THOMAS RANDOLPH, the poet and cotemporary of Ben Jonson, and who, before "death put a stop to his rising genius and fame," had gained a sterling reputation among the wits of his age, was the great-uncle of Sir John, the grandfather of Edmund Randolph. The family were high Loialists, in the civil wars, and being entirely broken and dispersed, Sir John's father* determined, as many other Cavaliers did, to try his fortune in the Western world. From his earliest childhood, Sir John evinced a great propensity to letters; to improve which he was first put under the care of a Protestant clergyman, who came over among the French Refugees. But afterwards he received a more complete education at William and Mary College, in Virginia. He finished his studies in the law, in Gray's Inn and the Temple; and having put on his Barrister's gown, returned to his native country, where, from his first appearance at the bar, he was ranked among the practitioners of the first figure and distinction. At the time of the disputes in New York relative to the establishment of a new Court of Exchequer, Sir John expressed his sentiments upon the subject, which were clear and forcible, and now form a part of tho judicial history of that State. In the autumn of 1731, he went to England and "presented to his Majesty a state of the colony of Virginia, drawn up with great accuracy, which his Majesty was pleased to receive very graciously, and to confer the honor of knighthood on the said gentleman." After his return to Virginia, he was elected Speaker of the House of Burgesses, and on the twenty-eighth of August, 1734, delivered his inaugural before that body. "If I shall endeavor," he said, "to make the established rules of our proceedings subservient to my own fancies and humors, or interests; or shall bring into this chair a restlessness and impatience about points that may be carried against my sentiments, or shall pretend to any authority of swaying any member in his opinion; I say, then I shall deserve to have no influence upon your proceedings, but do not doubt, nay, I hope, you will mortify me with the utmost of your contempt for the inconsistence of my theory and practice. And if I shall happen to succeed better, I will pretend to no other praise but that of not having deceived the expectations of so many worthy gentlemen who have continued to heap upon me such a series of favors, which, so long as I retain the memory of any thing, I must look upon as the chief foundation of the credit and reputation of my life."§

In March, 1737, Sir John Randolph died at the age of forty-four years, and was interred in the chapel of William and Mary College. According with his directions, he was borne to the place of interment "by six honest, industrious, poor housekeepers of Bruton parish, who were

This was William Randolph, of Turkey Island, in Virginia. Little is known of him. Tradition says that he came over from Yorkshire poor, and made his living by building barns, and by his industry acquired large possessions of land. + Sir John's letter on this subject, is published in the appendix of Smith's History of New York. Ed. 1830. Vol. 1, page 874. New York Historical Society's Collections.

Bradford's American Weekly Mercury, Jan. 30th-Feb. 6th, 1782-8. The editor of this paper, after noticing these facts, concludes: "The public is impatient to see the contents of those papers, which are said to be designed for public good."

§ A full report of this speech is published in the American Weekly Mercury, Sept. 19-26, 1734.

to have twenty pounds divided among them, and attended by a numerous assembly of gentlemen and others, who paid the last honors to him with great solemnity, decency and respect."*

Edmund Randolph was born on the tenth of August, 1753. His father early adhered to the cause of Great Britain, joined the fortunes of Lord Dunmore, and finally disinherited his son for refusing to follow in the same course.† Of the youth and early education of Edmund Randolph we have no particulars. At the age of twenty-two years, in August, 1775, he joined the American army at Cambridge, and was taken into the military family of General Washington as an aid-de-camp. He remained here but a short time, being recalled to Virginia in the following November, by the death of his uncle, Peyton Randolph. In 1776 he was delegated to the Virginia Convention as the alternate of George Wythe, and before the termination of the year was elected Mayor of Williamsburg, the city he represented in the Convention. Subsequently he was appointed Attorney-General of the State of Virginia, under the new constitution, and at a future session of the House of Delegates he was elected its clerk.

In the practice of his profession, which was the law, his success was eminent and extraordinary. Clients filled his office, and beset him on his way from the office to the court-house, "with their papers in one hand and their guineas in the other." He was a member of the Continental Congress from 1779 until 1782, and in 1786 was elected Governor of Virginia, succeeding in that office Patrick Henry. The same year he was chosen a delegate to the Annapolis Convention, and subsequently to the Convention which met at Philadelphia in 1787, to revise the articles of confederation. His career in that assembly was marked and effective.§ He afterward was a member of the Virginia Convention, summoned to ratify the Federal Constitution. President Washington appointed him the first Attorney-General under the federal system, and in 1795 he was elevated to the office of Secretary of State, as successor of Mr. Jefferson. He remained in this position but a short time, resuming the practice of the law at Richmond in the autumn of the following year. At the celebrated trial of Aaron Burr, on the charge of treason, in May, 1807, Mr. Randolph was associated with Luther Martin and other distinguished lawyers, in the defence of that unfortunate man.

He died on the twelfth of September, 1813, in Frederic (now Page) county, Virginia, in the sixtieth year of his age, leaving an extremely valuable manuscript history of Virginia, in which he occupies a prominent position. This never appeared in print, and finally was destroyed.]

Obituary notice of Sir John Randolph, published in the Virginia Gazette, of March 11th, 1787, and reproduced in the Virginia Historical Register, Vol. 4, page 188.

↑ John Randolph, the father of Edmund, was attorney-general of Virginia, under the royal government. He was a brother of Peyton Randolph, president of the Continental Congress.

Virginia Convention of 1776, by Hugh Blair Grigsby, page 76, et seq.

As chief magistrate of Virginia, it became the duty of Mr. Randolph to secure the attendance of Washington upon the Federal Convention. This matter he managed with great tact and delicacy; and, by the aid of other friends, he succeeded in overcoming the scruples of the illustrious patriot, then reposing in the retirement of Mount Vernon. Governor Randolph's conduct with regard to the constitution might seem to be marked by inconsistency, if we were not able to explain it by the motive of disinterested patriotism from which he evidently acted. He brought to the convention the most serious apprehensions for the fate of the Union. But he thought that the dangers with which it was surrounded might be averted, by correcting and enlarging the Articles of Confederation. When, at length, the government, which was actually framed, was found to be a system containing far greater restraints upon the powers of the States than he believed to be either expedient or safe, he endeavored to procure a vote authorizing amendments to be submitted by the State conventions, and to be finally decided on by another general convention. This proposition was rejected, and he declined to sign the constitution desiring to be free to oppose or advocate its adoption, when it should come before his own State, as his judgment might dictate.-Curtis's History of the Constitution, Vol. 1, page 481: Madison Papers,

While Mr. Wirt was preparing his eloquent Life of Patrick Henry, he saw and consulted this manuscript. Some years after, it was destroyed by a fire at New Orleans, while in the possession of a grandson of Edmund Randolph.-Preface of Wirt's Patrick Henry, page 11. Grigsby's Virginia Convention of 1776, page 78.

THE FEDERAL CONSTITUTION.

Mr. Randolph delivered the following speech | itors wearied with the tedious procrastination in the Convention of Virginia, on the sixth of June, 1788-the first and second sections of the first article of the Constitution being under consideration.*

MR. CHAIRMAN: I am a child of the Revolution. My country, very early indeed, took me under her protection at a time when I most wanted it; and by a succession of favors and honors, prevented even my most ardent wishes. I feel the highest gratitude and attachment to my country; her felicity is the most fervent prayer of my heart. Conscious of having exerted my faculties to the utmost in her behalf, if I have not succeeded in securing the esteem of my countrymen, I shall reap abundant consolation from the rectitude of my intentions: honors, when compared to the satisfaction accruing from a conscious independence and rectitude of conduct, are no equivalent. The unwearied study of my life, shall be to promote her happiness. As a citizen, ambition and popularity are no objects with me. I expect, in the course of a year, to retire to that private station which I most sincerely and cordially prefer to all others. The security of public justice, sir, is what I most fervently wish-as I consider that object to be the primary step to the attainment of public happiness. I can declare to the whole world, that in the part I take in this very important question, I am actuated by a regard for what I conceive to be our true interest. I can also, with equal sincerity, declare that I would join heart and hand in rejecting this system, did I conceive it would promote our happiness: but having a strong conviction on my mind, at this time, that, by a disunion, we shall throw away all those blessings we have so earnestly fought for, and that a rejection of the constitution will operate disunion-pardon me if I discharge the obligation I owe to my country by voting for its adoption. We are told that the report of dangers is false. The cry of peace, sir, is false: say peace, when there is peace: it is but a sudden calm. The tempest growls over you look around-wheresoever you look, you see danger. When there are so many witnesses, in many parts of America, that justice is suffocated, shall peace and happiness still be said to reign? Candor, sir, requires an undisguised representation of our situation. Candor, sir, demands a faithful exposition of facts. Many citizens have found justice strangled and trampled under foot, through the course of jurisprudence in this country. Are those who have debts due them, satisfied with your government? Are not cred

* Ante, pp. 13-164.

+ Mr. Randolph was at this time Governor of Virginia.

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of your legal process a process obscured by legislative mists? Cast your eyes to your seaports, see how commerce languishes: this country, so blessed by nature with every advantage that can render commerce profitable, through defective legislation, is deprived of all the benefits and emoluments she might otherwise reap from it. We hear many complaints on the subject of located lands a variety of competitors claiming the same lands under legislative acts— public faith prostrated, and private confidence destroyed. I ask you if your laws are reverenced? In every well regulated community, the laws command respect. Are yours entitled to reverence? We not only see violations of the constitution, but of national principles in repeated instances. How is the fact? The history of the violations of the constitution extends from the year 1776, to this present timeviolations made by formal acts of the legisla ture; every thing has been drawn within the legislative vortex. There is one example of this violation in Virginia, of a most striking and shocking nature; an example so horrid, that if I conceived my country would passively permit a repetition of it, dear as it is to me, I would seek means of expatriating myself from it. A man, who was then a citizen, was deprived of his life, thus: from a mere reliance on general reports, a gentleman in the House of Delegates informed the House, that a certain man (Josiah Phillips) had committed several crimes, and was running at large, perpetrating other crimes; he therefore moved for leave to attaint him. He obtained that leave instantly. No sooner did he obtain it, than he drew from his pocket a bill already written for that effect; it was read three times in one day, and carried to the Senate: I will not say that it passed the same day through the Senate; but he was attainted very speedily and precipitately, without any proof better than vague reports! Without being confronted with his accusers and witnesses; without the privilege of calling for evidence in his behalf, he was sentenced to death, and was afterwards actually executed.* Was this arbitrary deprivation of life, the dearest gift of God to man, consistent with the genius of a republican government? Is this compatible with the spirit of freedom? This, sir, has made the deepest impression on my heart, and I cannot contemplate it without horror.

There are still a multiplicity of complaints of the debility of the laws. Justice, in many instances, is so unattainable, that commerce may, in fact, be said to be stopped entirely. There is no peace, sir, in this land: can peace

* Mr. Wirt has satisfactorily shown that this statement is founded in error. Life of Patrick Henry, page 291, et seq.

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