in consequence of such explanation, we trust | such a positive declaration of our rights, for that you will receive this respectful address the purpose of surreptitiously obtaining our rewith indulgence, and that all our brethren in nunciation of them. Human nature, depraved this, and the other colonies in the union, will as it is, has not yet, and we hope never will be do us the justice to believe, that it was dictated guilty of so much hypocrisy and treachery. by the purest sentiments of unconfined patriotism.

The resolve which contains the obnoxious clause already mentioned, is, together with the introduction to it, in the following words, to wit :

"And whereas doubts have arisen, whether this congress are invested with sufficient power and authority to deliberate and determine on so important a subject as the necessity of erecting and constituting a new form of government and internal police, to the exclusion of all foreign jurisdiction, dominion and control whatever. And whereas it appertains of right, solely to the people of this colony to determine the said doubts. Therefore,

We observe on the contrary, that your resolve is perfectly consistent with the liberal principle on which it is introduced; for after having set forth what relates to the election of deputies you recommend to the electors, If the majority of the counties shall be of opinion that such new government ought to be instituted, then to institute and establish such a government.'

Posterity will behold that resolve as the test of their rectitude. It will prove that you have fully restored to us the exercise of our right, finally to determine on the laws by which this colony is to be governed; a right of which, by the injustice of the British government, we have till now been deprived. But a forced and most unnatural misconstruction, which is artfully put upon your resolve, has deceived many, who really believe that we will not be allowed to approve or reject the new constitution; they are terrified at the consequences, although a sincere zeal for the general cause inspire them to suppress their remonstrances, lest the common enemy should avail himself of that circumstance, to undermine your authority.

Impressed with a just fear of the consequences which result from that error, we conceive it would be criminal in us to continue silent any longer; and therefore we beseech you to remove by a full and timely explanation, the groundless jealousies which arise from a misconception of your patriotic resolve.

As to us, who do not entertain the least doubt of the purity of your intentions; who well know, that your wisdom could not suffer you to aim at obtaining powers, of which we cannot lawfully divest ourselves; which, if repeatedly declared by us, to have been freely

Resolved, That it be recommended to the electors in the several counties in this colony, by election in the manner and form prescribed for the election of the present congress, either to authorize, (in addition to the powers vested in this congress) their present deputies, or others in the stead of their present deputies, or either of them, to take into consideration the necessity and propriety of instituting such new government as in and by the said resolution of the continental congress is described and recommended: And if the majority of the counties, by their deputies in provincial congress, shall be of the opinion that such new government ought to be instituted and established; then to institute and establish such a government as they shall deem best calculated to secure the rights, liberties, and happiness, of the good people of this colony, and to continue in force until a future peace with Great Britain shall render the same unnecessary." We cannot forbear expressing our astonish-granted, would only proclaim our insanity, and ment at the existence of the doubts alluded to in the introduction just quoted. But when in comparison to those weak minds which gave them birth, you condescended to declare, that 'It appertains solely to the people of this colony to determine the said doubts;' you have in the spirit of the recommendations of the general congress, demonstrated to your constituents, that you will on all occasions warn them to destroy in its embryo, every scheme that you may discover to have the least tendency towards promoting the selfish views of any foreign or domestic oligarchy. Your enemies never can persuade people of reflection, that you fully instructed the most ignorant among us by

for that reason, be void of themselves; we beg leave, as a part of your constituents, to tender you that tribute of esteem and respect, to which you are justly entitled, for your zeal in so nobly asserting the rights which the people at large have to legislation; and in promoting their free exercise of those rights.

You have most religiously followed the lines drawn by the general congress of the United Colonies. Their laws, issued in the style of recommendations, leave inviolate, in the conventions, the committees, and finally the people at large, the right of rejection or ratification. But though it be decreed by that august body, that the punishments of death shall, in some cases

openly forced to obey, but they would abhor the tyranny and execrate its authors. They would justly think that they were no longer bound to submit than despotism could be maintained by the same violent or artful means which would have produced its existence.

be inflicted, the people have not rejected any of | put it in force by any other means, which God their laws, nor even remonstrated against them. | avert! The people it is true might be awed, or The reason of such general submission, is, that the whole of their proceedings is calculated to promote the greatest good to be expected from the circumstances which occasion their resolves, and scarcely admit the delays attending more solemn forms. The conduct of their constituents in this instance, clearly shews, what an unbounded confidence virtuous rules may place in the sound judgment, integrity, and moderation of a free people.

But the free ratification of the people will not be sufficient to render the establishment lawful, unless they exercise in its fulness an uncontrolled power to alter the constitution in the same manner that it shall have been received. This power necessarily involves that of every district, occasionally to renew their deputies to committees and congresses when the majority of such district shall think fit; and therefore, without the intervention of the executive, or any other power, foreign to the body of the respective electors, that right is so essential to our safety, that we firmly believe you will recommend to all your constituents immediately to exercise it, and never suffer its being wrested from them; otherwise the sensibility of our delegates could not allow them to say that they hold their offices from the voluntary choice of a free people.

We likewise conceive that this measure will more effectually and more speedily than any other, remove disaffected persons from all our councils, and give our public proceedings a

Whatever the interested supporters of oligarchy may assert to the contrary, there is not, perhaps, one man, nor any set of men upon earth, who, without the special inspiration of the Almighty, could frame a constitution, which in all its parts, would be truly unexceptionable by the majority of the people for whom it might be intended. And should God bless any man, or any set men, with such eminent gifts, that man, or those men, having no separate interest to support, in opposition to the general good, would fairly submit the work to the collective judgment of all the individuals who might be interested in its operation. These it is probable, would after due examination, unanimously concur in establishing that constitution. It would become their own joint work, as soon as the majority of them should have freely accepted it; and by its having received their free assent, the only characteristic of the true law-much greater weight than they have hitherto fulness and legality that can be given to human obtained among our neighbors. institutions, it would be truly binding on the people. Any other concurrence in the acts of legislation is illusory and tyrannical; it proceeds from the selfish principles of corrupt oligarchy; and should a system of laws appear, or even be good in every other respect, which is scarcely admissible, yet it would be imperfect. It could be lawfully binding on none but the legislators themselves, and must continue in that state of imperfection which disgraces the best laws, now and then made in governments established on oligarchic principles, and deprives them of true legality. As such is the case with Great Britain herself, it is evident that her parliament are so far from having a lawful claim to our obedience, that they have it not to that of their own constituents; that all our former laws have but a relative legality, and that not one of them is lawfully binding upon us, though even now for the sake of common conveniency the operation of most of them be and ought to be tolerated, until a new system of government shall have been freely ratified by the co-legislative power of the people, the sole lawful legislature of this colony. It would be an act of despotism to

We never did as a body, nor never will, assume any authority whatsoever in the public transactions of the present times. Common sense teaches us, that the absurdity of the claim would not only destroy our usefulness as a body of voluntary associators, who are warmly attached to the cause of liberty; but that it would likewise expose every one of us to deserved derision. At the same time, we assure your honorable house, that on all occasions we will continue to testify our zeal in supporting the measures adopted by congresses and committees, in the prosecution of their grand object, the restoration of human rights in the United Colonies. And if at any future time, the silence of the bodies in power give us reason to conceive that our representations may be useful, we then will endeavor to discharge our duty with propriety, and rely on public indulgence for any imperfection which cannot affect our uprightness.

Signed by order of the committee,

MALCOLM M'EUEN, Chairman. Mechanics-hall, June 14, 1776.

RESIGNATION OF MILITIA OFFICERS. | mediately removed from the said city, agreeable to General Washington's request of this house, in his letter of this date.

from this convention or his superior officer, FROM MAJOR GENERAL ROBERTSON TO HIS

respecting one Iliff and another prisoner, (I sup- | which I have neither authority nor ambition to assume. I know of no man, sir, who bears sway in this state. It is our peculiar felicity, and our superiority over the tyrannical system we have discarded, that we are not swayed by men.—

PROCLAMATION

pose you must mean John Mee he having shared the fate you mention) who have been hanged. Buskirk, Earl and Hammel, who are, I presume, the officers intended, with the said Browne, were sent to me by general Dick-In New-Jersey, sir, the laws alone bear sway. enson as prisoners taken on Staten-Island. Finding them all to be subjects of this state, and to have committed treason against it, the council of safety committed them to Trenton jail. At the same time I acquainted general Washington, that if he chose to treat the three first, who were British officers, as prisoners of war, I doubted not the council of safety would be satisfied. General Washington has since informed me that he intends to consider them as such; and they are therefore at his service, whenever the commissary of prisoners shall direct concerning them. Browne, I am told, committed several robberies in this state before he took sanctuary on Staten Island, and I should scarcely imagine that he has expiated the guilt of his former crimes by committing the greater one of joining the enemies of his country. However if general Washington chooses to consider him also as a prisoner of war, I shall not interpose in the matter.

Iliff was executed after a trial by a jury, for enlisting our subjects, himself being one, as recruits in the British army, and he was apprehended on his way with them to StatenIsland. Had he never been subject to this state, he would have forfeited his life as a spy. Mee was one of his company, and had also procured our subjects to enlist in the service of the enemy.

If these transactions, sir, should induce you to countenance greater severities towards our people, whom the fortune of war has thrown into your power, than they have already suffered, you will pardon me for thinking that you go farther out of your way to find palliatives for inhumanity than necessity seems to require; and if this be the cry of murder to which you allude as having reached your ears, I sincerely pity your ears for being so frequently assaulted with cries of murder much more audible, because much less distant.-I mean the cries of your prisoners who are constantly perishing in the jails of New-York (the coolest and most deliberate kind of murder) from the rigorous manner of their treatment.

BY JOHN BURGOYNE, ESQ., LIEUTENANT GENERAL OF HIS MAJESTY'S ARMIES IN AMERICA, COLONEL OF THE QUEEN'S REGIMENT OF LIGHT DRAGOONS, GOVERNOR OF FORT WILLIAM IN NORTH BRITAIN, ONE OF THE REPRESENTATIVES OF THE COMMONS OF GREAT BRITAIN, AND COMMANDING AN ARMY AND FLEET EMPLOYED ON AN EXPEDITION FROM CANADA, ETC., ETC. The forces entrusted to my command, are designed to act in concert, and upon a common principle, with the numerous armies and fleets which already display in every quarter of America, the power, the justice, and, when properly sought, the mercy of the king.

The cause in which the British arms is thus exerted, applies to the most affecting interests of the human heart; and the military servants of the crown, at first called forth for the sole purpose of restoring the rights of the constitution, now combine with love of their country, and duty to their sovereign, the other extensive incitements, which form a due sense of the general privileges of mankind. To the eyes and ears of the temperate part of the public, and the breasts of suffering thousands, in the provinces, be the melancholy appeal, whether the present unnatural rebellion has not been made a foundation for the completest system of tyranny that ever God, in his displeasure, suffered for a time to be exercised over a froward and stubborn generation.

Arbitrary imprisonment, confiscation of property, persecution, and torture, unprecedented in the inquisition of the Romish church, are among the palpable enormities that verify the affirmative. These are inflicted, by assemblies and committees, who dare to profess themselves friends to liberty, upon the most quiet subjects, without distinction of age or sex, for the sole crime, often for the sole suspicion, of having adhered in principle to the government under which they were born, and to which, by every tie, divine and human, they owe allegiance. To consummate these shocking proceedings, the profanation of religion is added to the most profligate prostiP. S. You have distinguished me by a title tution of common reason, the consciences of

I am, with all due respect, your most

humble servant,

WILLIAM LIVINGSTON.

JAMES ROBERTSON, Esq. etc. etc.

men are set at nought; and multitudes are | pensable prosecution of military duty must compelled not only to bear arms, but also occasion, will bar the way to their return.

to swear subjection to an usurpation they abhor.

JOHN BURGOYNE.
Camp, at Ticonderoga, July 2, 1777.
By order of his excellency the lieut. general.
ROBERT KINGSTON, Secretary.

A REPLY TO BURGOYNE'S PROCLAMATION.

To JOHN BURGOYNE, Esq. lieutenant general of his majesty's armies in America, colonel of the queen's regiment of light dragoons, governor of Fort William in North Britain, one of the representatives of Great Britain, and commanding an army and fleet employed on an expedition from Canada, etc. etc.

sublime general!

Animated by these considerations-at the head of troops in the full powers of health, discipline, and valor-determined to strike where necessary-and anxious to spare where possible-I, by these presents, invite and exhort all persons, in all places where the progress of this army may point-and by the blessing of God I will extend it far to maintain such a conduct as may justify me in protecting their lands, habitations, and families. The intention of this address is to hold forth security, not depredation to the country. To those, whom spirit and principle may induce to partake the glorious task of redeeming their Most high, most mighty, most puissant and countrymen from dungeons, and re-establishing the blessings of legal government, I offer encouragement and employment; and, upon the first intelligence of their association, I will find means to assist their undertakings. The domestic, the industrious, the infirm, and even the timid inhabitants, I am desirous to protect, provided they remain quietly at their houses; that they do not suffer their cattle to be removed, nor their corn or forage to be secreted or destroyed; that they do not break up their bridges or roads; nor by any other act, directly or indirectly, endeavor to obstruct the operations of the king's troops, or supply or assist those of the enemy.

Every species of provision, brought to my camp, will be paid for at an equitable rate, and in solid coin.

In consciousness of christianity, my royal master's clemency, and the honor of soldiership, I have dwelt upon this invitation, and wished for more persuasive terms to give it impression. And let not people be led to disregard it, by considering their distance from the immediate situation of my camp. I have but to give stretch to the Indian forces under my direction-and they amount to thousands-to overtake the hardened enemies of Great Britain and America. I consider them the same, wherever they may lurk.

If, notwithstanding these endeavors, and sincere inclination, to effect them, the frenzy of hostility should remain, I trust I shall stand acquitted in the eyes of God and man in denouncing and executing the vengeance of the state against the wilful outcasts. The messengers of justice and of wrath await them in the field; and devastation, famine, and every concomitant horror, that a reluctant, but indis

When the forces under your command arrived at Quebec in order to act in concert and upon a common principle with the numerous fleets and armies which already display in every quarter of America, the justice and mercy of your king, we, the reptiles of America, were struck with unusual trepidation and astonishment. But what words can express the plenitude of our horror, when the colonel of the queen's regiment of light dragoons advanced toward Ticonderoga. The mountains shook before thee, and the trees of the forest bowed their lofty heads-the vast lakes of the north were chilled at thy presence, and the mighty cataracts stopped their tremendous career, and were suspended in awe at thy approach. Judge, then, Oh! ineffable governor of Fort William in North Britain, what must have been the terror, dismay, and despair that overspread this paltry continent of America, and us, its wretched inhabitants. Dark and dreary indeed, was the prospect before us, till, like the sun in the horizon, your most gracious, sublime, and irresistible proclamation, opened the doors of mercy, and snatched us, as it were, from the jaws of annihilation.

We foolishly thought, blind as we were, that your gracious master's fleets and armies were come to destroy us and our liberties; but we are happy in hearing from you (and who can doubt what you assert ?) that they were called forth for the sole purpose of restoring the rights of the constitution, to a froward and stubborn generation.

And is it for this, Oh! sublime lieutenant general, that you have given yourself the trouble to cross the wide Atlantic, and with incredible fatigue traverse uncultivated wilds? And we ungratefully refuse the proffered